20190618 Ver 1_USACE JD_SAW-2015-02394_20190507

r
U.S. ARMY CORPS OF ENGINEERS -'
WILMINGTON DISTRICT
Action Id. SAW -2015-02394 County: Wake U.S.G.S. Quad: NC-FUQUAY-VARINA
Property Owner:
Address:
Telephone Number:
Size (acres)
Nearest Waterway
USGS HUC
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Judy Davis
6717 OId Mills Rd.
Fuquay Varina , NC, 27526
26
Terrible Creek
03020201
Nearest Town Fuquay Varina
River Basin Upper Neuse
Coordinates Latitude: 35.6231567808515
Longitude: -78.7610664605078
Location description: The project site is approximately 26 acres located adjacent to Old Mills Rd. south of its
intersection with Riyin2ton Rd., and contains jurisdictional wetlands and one tributary to Terrible Creek, near the
town of Fuquay Varina, Wake County, North Carolina. Aquatic features on site drain to Terrible Creek in the Neuse
River basin.
Indicate Which of the FollowinI Apply:
A. Preliminary Determination
Based on preliminary information, there may be waters of the U.S. including wetlands on the above described project area
. 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 project area 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 waters of the U.S. including wetlands on your project area 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 project area 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.
Page 1 of 2

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 November 122015. 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
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
(LAMA). You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to
determine their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army pen -nit 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.Lastirn2er(i7usace.a rmy.mil.
C. Basis For Determination: Stream channel on site exhibits an established OHWM. Wetlands on site exhibit
the three criteria as described in the Corps 1987 wetland delineation manual and appropriate renal supplement
D. Remarks:
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 Anny Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room IOM15
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 33 1.5, 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 1/11/16.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. *
Corps Regulatory
Date: November 12.201 Expiration Date: November 12, 2020

The Wilmington District is committed to providing the highest Ievel of support to the public_ To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
hgp://regulatory.usacesurva.com/.
Copy:
Hal Owen and Associates
Attu: Krissina Newcomb
P.O. Sox 400
Li1linOon, NC 27546

SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at littp://www.usace.anny.mil/Missions/CivilWorks/RegulatoryProl�ramandPennits.aspx 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 pen -nit 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 pen -nit 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 terns 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 pennit 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 pen -nit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered pen -nit 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 Pen -nit, 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 pen -nit 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 ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Judy Davis
File Number: SAW -2015-02394
Date: November 12, 2015
Attached is:
See Section below
❑
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
❑
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
❑
PERMIT DENIAL
C
®
APPROVED JURISDICTIONAL DETERMINATION
D
❑
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at littp://www.usace.anny.mil/Missions/CivilWorks/RegulatoryProl�ramandPennits.aspx 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 pen -nit 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 pen -nit 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 terns 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 pennit 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 pen -nit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered pen -nit 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 Pen -nit, 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 pen -nit 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 Il - 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.
POINT OF CONTACT FOR QUESTIONS OR INFO
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division
Raleigh Regulatory Field Office
Attn: James Lastinger, Regulatory Specialist
3331 Heritage Trade Dr., suite 105
Wake Forest, NC 27587
919-554-4884 ext 32
RMATION:
If you only have questions regarding the appeal process you may
also contact:
Mr. Jason Steele, Administrative Appeal Review Officer
CESAD-PDO
U.S. Ariny Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: [phone]
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 opportunity to narticinate in all site investigations.
Date: I Telephone number:
of appellant or
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, James Lastinger,
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: [phone]

HILLTOP-NEEDMORE RD I NOTE: THIS MAP PREPARED FOR WETLANDS
PURPOSES ONLY AND IS NOT INTENDED FOR
RECORDATION, CONVEYANCES OR SALES WrrHOUT
WRITTEN AUTHORIZATION OF THE SURVEYOR
S60 �o AND OTHER APPROPRIATE OFFICIALS.
M
State of North Corobna, Wako County
I, James W. Mauldin, certify that this may was drawn under
mysupervision from an actual survey made under my superviaion,
that the ratlo of p-Wonos calculated M lotftudes and
departures is f f 10,Daa+ the boundaries not surveyed ore
shown as Woken Ones plotted from Information In book SEE_,
page SEE.-, that this map was Prepared in acoordaaee with
GS. 47-30 as amendad-
N1 CARQ4�� i
:•�Q•-
Q SEAL -
L-3247
I% 015.
Witness my hand oad seal this aF�
SIGNATURE Zlwm 04
Livens unher L-3247
d. That this plot is of a survey o1 another oote9ory, such as the r-ombtnation
of a Jgting parcels, a court -order survey or other exception to the defnItion
of aubdWsion.
BENTWINDS GOLF &
COUNTRY CLUB, INC.
D.B.6100, PG.2757
B.O.M.1977, PG.517
THIS CERTIFIES THAT THIS COPY OF THIS PLAT IDENTIFIES ALL AREAS OF WATERS OF THE
UNITED STATES REGULATED PURSUANT TO THE JURISDICTION OF SECTION 404 OF THE CLEAN
WATER ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. UNLESS THERE IS A CHANCE
IN LAW OR OUR PUBLISHED REGULATIONS, THIS DETERMINATION OF SECTION 404 JURISDICTION
MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE YEARS FROM THIS DATE. THE
UNDERSIGNED COMPLETED THIS DETERMINATION UTILIZING THE APPROPRIATE REGIONAL SUPPLEMENT
TO THE 1987 U.S. ARMY CORPS OF ENGINEERS WETLANDS DELINEATION MANUAL.
REGULATORY OFFICN�1
j -i
USACE ACTION ID
REFERENCES:
DBA5316, PG.2114
EBA1023, PG.1647
D.e.2355, PG.665
OTHER REFERENCES AS SHOWN
LEG ND
• Eatstia9 Fon Pipe (Control paint)
Oban P"" Set (unless otherwise noted)
N Existiml Concrete Morxm ent(t:ontro} Point)
❑ Csnerate Manuwent set
X Computed Point Only
All me .....M] ohown are hariz.,tal 9raun,4
measarnwnta ands® otherwise noted.
A- computed by cooW-t.e
Zara. R-30 plr,A; 0678110800
2R
MAX E. ASHWORTH, JR.
METRA M. ASHWORTH
_pl
BENTWINDS GOLF &
COUNTRY CLUB, INC.
D.B.8100, PG.2757 i BENTWINDS COMMUNITY
B.O.MA977, PG.517 B.O.M.1979. P0.547 T PLAT NORTH
(REF: B.O.M.1984, PG.1675)
i
% / W. CRAIG BULLOCK I
549.43N 04'4f'20"E 1319,37- BETSY M. BULLOCK
TOTAL r
iXIMATE LOCATFON
RLINE OF CREEK J. DAVID RODDEN
TRACT A"
AREA=89.616 SQ.FT.
Course
8esring
Distance
Wl
S 63°20'80 111
17.78'
W2
S 50°04'55 1
80.55'
W3
S 64'10'12.' W
44.19'
W4
8 81°24'50 W
64.53'
WS
S 70'88'16' W
80.56'
18
8 50°31'42 Ill
88.64'
W7
S 76'27'26f W
58.30'
W8
N 58101144' W
10.91'
W8
N 40'39'44' E
42.81'
W10
-N-66-42'53' E
95.15'
W11
N 81-45-067 E
M.W.
W12
N 79°24'08' E
55.48'
W13
N 49°23'43' E
49.14'
W14
S 86'00'09 E
74.11`
W15 1
S 25°47'34' E
55.05'
Ceurse
8esring
DisteflCe
111118
S 22°68'40' E
46.19'
W17
8 18°23'59' E
45.93'
W18
S 24'37'39' E
45.95'
W19
S 23'36'31' E
53.92'
W20
S 35'55'83' E
87.56'
W21
S 31'03'44' E
77.49'
W22
S 21'19'41' E
115.33'
W23
S 10'23134' W
33.86'
W24
8 47'48'08' W
11.09'
YM
S 38'05'46' E
24.07'
me
N 81'24'32' E
25.88'
111127
N 86.38'07' E
28.29'
128
8 56'58'02' E
18.55'
W29
8 13'52'22' W
25.74'
W30
8 28'66'48' E
34.37'
13
119 q&-,3
olr
JOSEPH W. COTTENJSUE S. COTTEN
Ois
an
`O 7
N
TRACT •8n
WETLANDS
AREA=8,699 SQ.FT. . f
N ;JW
122
WILLIAM J. MOUNTFORD, JR.
SARA MOUNTFORD
I ty 09'29'40 142.72
N 08'45'�'yl 150.99'
1 �
` JUDY DAMS
1 WILOTHA DAVIS. JR.
JUDY DAVIS i 0.8.2355, PG -1365
4 N DAVID G. MOORE WILOTHA DAVIS, JR. l f
`r o D.B.8515, PG. 1401 D.B.11023, PG.1647 i r
in o B.O.M.1990, PG.80 JAMES V. STEVENS
14' 54 1I th-O 1 KAREN N. STEVENS
B.O.M.1987, PG.1618
N 0 N �_
JUDY DAVI _-•1`- �-'�r'--'+��
/ ro WILOTHA DAVIS. JR.
-� 23t 7T D.6.15316, P13..2114 `•-ter" r �1'-�r�-r`-��
AUGUSTA PLACE S/D.1684 / / N 13�ry 35 W 1 �- �
f JUDY DAVIS �r'+
WILOTHA DAVIS, JR. t ����`
D.B.15316, PG.2114 _� _' OWNER:
KENNETH M. COX i '�^ O JUDY DAVIS WILOTHA
EMILY B. COX ^_��_ ��_ -_-��`'(L R 6717 OLD MILLS ROAD
FUQUAY-VARINA, N.E- 27526
OLD 0• pUa A2'I WETLANDS DELINEATION MAP FOR:
(6 1 I Course Bearing Distance
.f s� Lt x 60'55'57' E 28.39' NASSE'NGILL & JMSSENGILL
50 0 150 1 300 450 L3 SOS°49'x' E 88.58' L2 S 08.29'40' E 22.56'
1MIDDLE CREEK TOWNSHIP, WAKE COUNTY, NORTH CAROLINA
L4 8 7$'24'08' W 14.19' SCALE I' = 159' NOVEMBER 2, 2015
-�� L.5 S 73'24'08' W 184.82' MAULDIN - WATKiNS SURVEYING, PA
Le GRAPHIC SCALE - FEET N 84'55'45" 1 ila.es' FUQUAY VARIROX INNA,NORTH CAROLI1301 W. NA 27526
[2
Z(DD
TERRY A NORRIS
� r
p a
U
'I an
n a,
z
zo
CD
122
WILLIAM J. MOUNTFORD, JR.
SARA MOUNTFORD
I ty 09'29'40 142.72
N 08'45'�'yl 150.99'
1 �
` JUDY DAMS
1 WILOTHA DAVIS. JR.
JUDY DAVIS i 0.8.2355, PG -1365
4 N DAVID G. MOORE WILOTHA DAVIS, JR. l f
`r o D.B.8515, PG. 1401 D.B.11023, PG.1647 i r
in o B.O.M.1990, PG.80 JAMES V. STEVENS
14' 54 1I th-O 1 KAREN N. STEVENS
B.O.M.1987, PG.1618
N 0 N �_
JUDY DAVI _-•1`- �-'�r'--'+��
/ ro WILOTHA DAVIS. JR.
-� 23t 7T D.6.15316, P13..2114 `•-ter" r �1'-�r�-r`-��
AUGUSTA PLACE S/D.1684 / / N 13�ry 35 W 1 �- �
f JUDY DAVIS �r'+
WILOTHA DAVIS, JR. t ����`
D.B.15316, PG.2114 _� _' OWNER:
KENNETH M. COX i '�^ O JUDY DAVIS WILOTHA
EMILY B. COX ^_��_ ��_ -_-��`'(L R 6717 OLD MILLS ROAD
FUQUAY-VARINA, N.E- 27526
OLD 0• pUa A2'I WETLANDS DELINEATION MAP FOR:
(6 1 I Course Bearing Distance
.f s� Lt x 60'55'57' E 28.39' NASSE'NGILL & JMSSENGILL
50 0 150 1 300 450 L3 SOS°49'x' E 88.58' L2 S 08.29'40' E 22.56'
1MIDDLE CREEK TOWNSHIP, WAKE COUNTY, NORTH CAROLINA
L4 8 7$'24'08' W 14.19' SCALE I' = 159' NOVEMBER 2, 2015
-�� L.5 S 73'24'08' W 184.82' MAULDIN - WATKiNS SURVEYING, PA
Le GRAPHIC SCALE - FEET N 84'55'45" 1 ila.es' FUQUAY VARIROX INNA,NORTH CAROLI1301 W. NA 27526