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.