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HomeMy WebLinkAbout20140585 Ver 2_US Corps JD Ltr(8-7-13)_20190425U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2013-00936 County: Wake U.S.G.S. Quad: NC -WAKE FOREST NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Forestville Road Investors. LLC Andrew Ammons Address: P.O. Box 1615 Wake Forest, NC, 27588 Telephone Number: 919-562-1322 Size (acres) 16 Nearest Town Wake Forest Nearest Waterway Sanford Creek River Basin Upper Neuse. North Carolina. USGS HUC 3020201 Coordinates Latitude: 35.9373712575402 Longitude: -78.5028953654724 Location description: The property is bordered to the west by Forestville Rd., and to the south by Foxwild Lane adiacent to Sanford Creek, in the town of Wake Forest Wake County North Carolina Aquatic features on site drain to Sanford Creek in the Neuse River basin. Indicate Which of the Following Apply: A. Preliminary Determination Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The waters of the U.S. including wetlands on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 8/7/2013. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our Page 1 of 2 published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact James Lastinger at 919-554-4884 x32 or James. C.Lastinger(a)usace.a rmv. m il. C. Basis For Determination: wetlands on site exhibit criteria as described in the Corps 1987 wetland delineation manual and appropriate regional supplement. D. Remarks: Site visit made on May 17, 2013. Previous determination made on 11/29/2004 AID 200420834 E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 10/7/13. **It is not necessary to submit an RFA form to the correspondence.** ,q Corps Regulatory Office if you do not object to the determination in this Date: August 7, 2013 , / Expiration Date: August 7, 2018 The Wilmington District is committed to providing the highest level ofsupport to the public. To help us ensure we continue to do so, please complete the attached customer Satisfaction Surveyor visit http://ner2.nwo usace army.miUsurvey html to complete the survey online. Copy furnished: ESI. Inc. Attn: Jeff Harbour 524 South New Hove Rd. Raleieh, NC 27610 SECTION' I - The following identifies your tights and options regarding an administrative appeal of the above decision. Additional information Wray be found at htt :!hv"w�.usace.arm�,.mil/inet'Cunctionsicx%_'ceL%4o%reg or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. NOTIFICATION OF AD:MINIS'I RATITE APPEAL OPTIONS 14EQULS1' FOR APPEAL ANU PROCLSS AND Applicant: Forestville Road Investors, LLC Andrew Ammons File Number: SAW -2013-00936 Date: August 7, 2013 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT Standard Permit or Letter ofpermission) B ❑ PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D ❑ PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION' I - The following identifies your tights and options regarding an administrative appeal of the above decision. Additional information Wray be found at htt :!hv"w�.usace.arm�,.mil/inet'Cunctionsicx%_'ceL%4o%reg or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION 11 - REQUEST FOR APPEAL'or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. ON: , < ,. . If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer Raleigh Regulatory Field Office CESAD-PDO Attn: James Lastinger, Regulatory Specialist U.S. Army Corps of Engineers, South Atlantic Division 3331 Heritage Trade Dr., suite 105 60 Forsyth Street, Room 10M 15 Wake Forest, NC 27587 Atlanta, Georgia 30303-8801 919-554-4884 ext 32 1 Phone: 404 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the o ortuni to participate in all site investi ations. Date: I Telephone number: of appellant or For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: James Lastinger, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 Yn�m[ p �9 (e Q -WA FORM LOCAIM � NA P. R. SO20UD D9 8071 PG 233 JUN 112013 r RALEIGH REGULATORY W--8NOOS �05.133a,4Qft o Dom• (NAO 4 7.73' no P. R. S7ROUD 09 8073. PG 233 OF SMOM CIM IS PROPFRY L91E I laws � �uaNxr�° I I N/F L A DARc" 08 IOM, PG : \ 2 _ V \ 3 tl m Rff 1997 camS OF-owW -9 _ � •_•,..,,.u, �4. N ECE PINS: 1749663478 TI �'j�N t 12013 PINS: 1749669299 DAKtGvL,.TORY Pt 1749765204 6Aw. R " aJ(J -oDi�G FIELD OFFICE PINAt 1749769436 TOWNSHIP: WAKE FOREST COUNTY: WAKE ATE: NORTH CAROLINA PARCELS 1,2,3 & 4, PROPERTY OF FORESTMLLE ROAD INVESTMENTS, LLC AS RECORDED IN DB 11752, PG. 501, & BM 1990, PG. 1142 W.C.R. mS-h,e Pi, Sd -LA-W— I R. D.NIF RHYNE. Jr, s,, DB 7212 PG 236 i +T DU PREE Is, 09 13021X PG 151 Wa tl m Rff 1997 camS OF-owW -9 _ � •_•,..,,.u, �4. N ECE PINS: 1749663478 TI �'j�N t 12013 PINS: 1749669299 DAKtGvL,.TORY Pt 1749765204 6Aw. R " aJ(J -oDi�G FIELD OFFICE PINAt 1749769436 TOWNSHIP: WAKE FOREST COUNTY: WAKE ATE: NORTH CAROLINA PARCELS 1,2,3 & 4, PROPERTY OF FORESTMLLE ROAD INVESTMENTS, LLC AS RECORDED IN DB 11752, PG. 501, & BM 1990, PG. 1142 W.C.R. mS-h,e Pi, Sd 4. RECEIVEC � ti• JUN 112013 91E RALEIGH REGULATORY PONs9D IIA FIELD OFFICE V GN tt MAP NI L A. DARCH DB 103/1, PF i 1 - 977.88.77 MILDFLOWER SIPA90N IBD 147,338,28' !' t 1B3j 2 ' PHASE 2 SECTION 3 AT HERITAGE WAKE FOREST a m 1029 BM 2005, PG 1538 �A � COSMOS AWE E 1028 e% LST $ $ R/W _ 0. �1027� "IMS fl \ i0 O 1024 Ci� HERITAGE <. / PHASE 2�gCTION�� 1734 HERITAGE WAKE FOREST ,., N-798,352.1. BM 2005• P0, 2025 \ Fa2.il4337.!!•��� 14 1735 VETIAND 2 \ OMI}'0AU 2425 M FORM LOCA1Mt1 y ^\ \ 3 \ ---_—_-- \ l N/F _--- Rry __ _ TOW! OF WAKE FOREST OB t1 7Lr __ PG 2828 N/F R P. DUPREE so OB 13020. PG 154 '1FR D. I N/F 0REY S E BURNETT DB 9320. PG 2306 D8 8537. M 2754 TO TIIE r OD"I S OF 19NE18S� i'lG 6'k N - PINt. 1749663478 JUN 112013 PIN* 1749669299 DA RALEIGH REGULATORY PIN* 1749765204 S9w-2e17—dvf7(- FIELD OFFICE PINS 1749769436 TOWNSHIP; WAKE FOREST COUNTY. WAKE STATE: NORTH CAROLINA PARCELS 1,2,3 & 4, PROPERTY OF FORMIVILLE ROAD INVESTMENTS, LLC AS RECORDED IN DB 11752, PG. 501. & BM 1990, PG, 1142 W.C.R. LEGEND M P" see . 0 A 1 NU48ER aWW DATA RADNS ARO DIST.B�CHDARY ORp D4j1'4,'.Z 175.00 87.18 s S 737BYe 111.8669 DELTA15.00 287752.50 30 E 1758 354tH •• E 9 36 47 199958' TIE lD1E DATA NUMBER BEARING DIST L-97 S 897840" E 18/A1' L-98 S 8924'01" W 101.11 L-99 S 852 5! W 149.60' SPS-4an Pin St KtCEIVEC "j I JUN 112013 SIREAM HSA UNE DATA NUMBER BEARING V331 W14' W 11 W WETLANp HNB UNE DATA NUMBER BEAR9ip O15T. L-118 N 547456" E 18.71' L-119 3492 20" E 27.28' L-120 S 8924'39" W10.02 L-121 N 60'$'53" W 16.78' L-122 N 70'1 41" W 10.85 RECEIVED JUN 112013 RALEIGH REGULATORY k FIELD OFFICE �II PIN#: 1749663478 PINP 1749669299 PIN#: 1749765204 PINIP 1749769436 TOWNSHIP: WAKE FOREST COUNTY: WAKE STATE: NORTH CAROLINA PARCELS 1,2,3 & 4, PROPERTY OF FORESTVILLE ROAD INVESTMENTS, LLC AS RECORDED IN DB 11752, PG. 501, & BM 1990, PG. 1142 W.C.R.