20190382 Ver 1_More Info Received_20190530

- -----------
IRONMENTAL
May 24, 2019
L�
US Army Corps of Engineers V NC Division of Water Resources
Raleigh Regulatory Field Office 401 and Buffer Permitting Unit
Attn: Mr. James Lastinger Attn: Mrs. Karen Higgins
3331 Heritage Trade Drive, Suite 105 1617 Mail Service Center
Wake Forest, North Carolina 27587 Raleigh, North Carolina 27699-1617
Re: Royal Creek — 67.7 Acres
8100 Daddy Road, Raleigh, NC 27603
Corps Action ID: 2014-00116 / DWR #19-0382
Nationwide Permit 29 Request NC DWR Additional Information Request
James/Karen:
Atlas Environmental, Inc. is submitting this package in response to comments received
by DEQ by a link through an email from Stephanie Goss on May 21, 2019 for the Royal
Creek nationwide permit 29 application request that included the following:
1. Please provide the most recent bound and published Wake county soil survey.
Please clearly draw or delineate the site boundaries on the soil survey. [15A NCAC 02H
.0502(b)]"
Atlas Response to Soil Survey:
Please see the enclosed digital copy of the Wake county soil survey that includes the
project boundary.
"2. DWR's file review revealed that a portion of the riparian buffers received formal
verification by the Division on January 7, 2014, NBRRO# 13-385. However, the buffer
determination letter expired on January 7, 2019 and the property boundary depicted on
the January 7, 2014 buffer determination letter does not depict the same project
boundary submitted in the application. In the Neuse River Basin, intermittent streams,
perennial streams, lakes, ponds and estuaries depicted on USGS maps and NRCS soil
survey maps are subject to the Riparian Buffer Rules. Impacts to the riparian buffers
must be identified on your plans [15A NCAC 02B .0233 (8)(b)(iv)]. If a stream is
depicted on either map it is subject to the riparian buffers. [Note: If the permittee
believes the maps inaccurately depict surface waters he or she must consult the
Division to secure a formal on-site determination.]"
ATLAS Environmental, Inc.
712 English Tudor Lane
Charlotte, North Carolina 28211
704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte

W
Atlas Response to Buffer Determination:
Please see the enclosed USGS map, photograph location map, and representative
photographs taken on May 23, 2019. The USGS map depicts two streams within the
project boundary. The Wake County soil survey depicts five streams within the project
boundary. The Corps approved delineation concurred that one stream was located
within the project boundary. The stream which is in the middle of the property is
perennial at the lower reach and intermittent at the upper reach. The submitted project
plans include the requested buffer impacts located along this stream. Included is a
photograph location map and photographs that were taken on site last week (May 23,
2019) in the locations where the USGS and/or Wake County soil survey depicts streams
that are in fact wetlands in the field. Atlas requests an updated buffer determination.
"3. Please provide documentation for review that the U.S. Army Corps of Engineers has
verified all stream, wetland, and/or open water locations for the project. [15A NCAC 02H
.0502(a)(7)]"
Atlas Response to Corps Jurisdictional Determination:
Please see the enclosed Corps 404 and approved delineation approval for the project.
James conducted a site visit on March 6, 2018. The 404 and delineation approval were
issued April 26, 2019.
Please let me know if you have any questions. I reached out to Stephanie on May 20,
2019 for a permit approval update which was day 55 of DWR's time period for permit
review. I received an email and link from Stephanie on May 21, 2019 that included the
request for additional information (day 56). The applicant had not received the certified
letter the day I forwarded the additional information request to him (May 21, 2019). If a
DWR field review is necessary for the buffer determination I request a site meeting as
soon as possible given the timing of the additional information request outlined above.
A copy of the DWR additional information request letter is enclosed for reference.
Best regards,
i& W �' d /& kz
Jennifer L Robertson
JRobertson (a)-atlasenvi.com
Digital Copy To: Mrs. Stephanie Goss
ATLAS Environmental, Inc.
712 English Tudor Lane
Charlotte, North Carolina 28211
704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte

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Fuquay Multi -Family: USGS Topographic Map
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Project Name: Royal Creek
I -ASLocation: 8100 Daddy Rd, Raleigh, NC 27603
IRONmENTAL For: Cambridge Properties Attn: Mr. Andrew McDonald
Coordinates: 35.66754, -78.70495 Date: March 19, 2019

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Site Photographs: May 24, 2019
13: Wetland: WL 1900
14: Wetland: WL 1000
15: Wetland: WL 2400
16: Wetland: WL 2300
17: Wetland: WL 2300
18: Wetland: WL 2300

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2014-00116 County: Wake County U.S.G.S. Quad: Lake Wheeler
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Barrett Blackburn
Cambridge -FV, LLC
Address: 831 E Morehead Street
Charlotte, NC 28020
Telephone Number:
Size (acres) 704-333-2393 Nearest Town Fuguay Varina
Nearest Waterway Mills Branch River Basin Neuse
USGS HUC 03020201 Coordinates Latitude: 35.6672759675553
Longitude: -78.7048052651783
Location description: The project site is approximately 67 acres located adjacent to Ten Ten Road, bordered to the east by
Chalice Lane. near the town of Fuquav Varina. Wake Countv. North Carolina. Aquatic resources on site drain to Mills
Branch in the Neuse River basin.
Description of projects area and activity: This permit verification allows for 82 linear feet of permanent stream channel
impacts, 36 linear feet of temporary stream channel impacts, 0.353 acre of permanent wetland impacts, and 0.113 acre of
temporary wetland impacts from fill associated with the installation of two road crossings and lot fill for the Royal Creek
residential subdivision in accordance with the below impact table. Mitigation is required for this proposal.
WETLAND AND STREAM IMPACTS
WETLAND IMPACT
STREAM IMPACT
30' ZONE 11MPACT
10' ZONE 21MPACT
MAP
IMPACT
IMPACT SPECIFICATION
SHEET
NUMBERnna"Kit-t
TEMPORARY
PERMANENT
(SF) (AC) (so W
{tF1 I ISF) (AC) (LF)TSF) (AC1
ISFI I
(SF) I {ACI
CWI-1.6
1
SCMOISCHARGE/FILL
754 U.UOb
411 0.0[}9
CWI-1.6
2
ROAD FILL
14S 0.0033
253 0.0058
CWI-1.6
3
ROAD FILL
535 0.0123
592 0.0136
CWI-1.6
4
ROAD FILL
1808 0.0415
434 0.0100
CWI-L6
5
STORM SEWER DISCHARGE
405 0.009
CM -1.6
6
ROAD FILL
8046 0.185
1747 0.040
CYA-1.6
7
SCM DISCHARGE/FILL
410 0.009
471 0.011
CWP1.6
8
ROAD FILL
2637 0A61
698 0.016
CWI.1.6
9
LOT FILL
1176 0.027
238 0.005
CWI-1.6
10
STREAM CROSSING/ROAD FILL
82 245 0.0056
36 30b D-0024
7509 0.172
6402 0.147
CII -1.6
11
ROAD FILL
990 0.0227
703 0.0161
CM -1.6
12
ROAD FI (1
1 30 0.0007
277 0.0064
TOTAL
JIS367 0.301
4942 0,1331
82 245 0.006
36 106 a.Da1
1 8173 0.199
7699 a.a27
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number and/or Nationwide Permit Number: NWP 29 Residential Developments
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated March 20, 2019. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class
I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general
permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided
it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization
expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the
nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon
the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the
date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been
exercised on a case-by-case basis to modify, suspend or revoke the authorization.

SAW -2014-00116
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact James Lastinger at [phone] or James.C.Lastineer(&usace.army.mil.
LASTINGER.JAME Digitally signed by
Corpsregulatory Official: n_,)GERJAMES.C.1363642400
Regulatory Official: naro��mana �aisociv-nanrc
Date: April 26, 2019
Expiration Date of Verification: March 18, 2022
A. Determination of Jurisdiction:
1. ® There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any
work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
2. ❑ 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 (RHA) (33 USC § 403) and 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.
3. ❑ There are waters, including wetlands, within the above described project area that are 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.
4. ❑ A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you
may request an approved JD, which is an appealable action, by contacting the Corps for further instruction.
5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference
the approved jurisdictional determination issued . Action ID: SAW -
B. Basis For Jurisdictional Determination: See attached Preliminary JD form
C. Remarks: A site visit was conducted on March 6, 2018 to verify the extent of aquatic resources on site.
D. 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.
E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above).

SAW -2014-00116
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
Phone: [phone]
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
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. LASTINGER.JAMES. Digitally signed by
LAST] NGERJAMES.C.1363642400
Corps Regulatory Official: 0.1363642400 Date: 2019.04.2615:26:44-04'00'
James Lastinger
Date of JD: April 26, 2019
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
hlM:Hcoosmgpu.usace.gM.mil/cm apex/Pp=136:4:0.
Copy furnished:
Jennifer Robertson
Atlas Environmental Inc
712 English Tudor Lane
Charlotte, NC 28211

SAW -2014-00116
SPECIAL CONDITIONS
1. In order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined on the most recent version of the attached Compensatory
Mitigation Responsibility Transfer Form. The requirements of this form, including any special
conditions listed on this form, are hereby incorporated as special conditions of this permit
authorization.

Action ID Number: SAW -2014-00116 County: Wake County
Permittee: Barrett Blackburn
Cambridge -FV, LLC
Project Name: Royal Creek/Ten Ten Rd/Fuquay Varina/Wake County
Date Verification Issued: April 26, 2019
Project Manager: James Lastinger
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Raleigh Regulatory Field Office
Attn: James Lastinger
3331 Heritage Trade Dr., suite 105
Wake Forest, NC 27587
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Barrett Blackburn, Cambridge -FV, LLC 7ile Number: SAW -2014-00116 Date: April 26, 2019
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 rights and options regarding an administrative appeal of the above decision.
Additional information may be found at littp://www,usace.anny.mil/Missions/Civi]Works/Re ug latoryPrograinandPermits.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 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 division 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 II - 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 the administrative record.
-in
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
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
Attn: James Lastinger
CESAD-PDO
69 Darlington Avenue
U.S. Army Corps of Engineers, South Atlantic Division
Wilmington, North Carolina 28403
60 Forsyth Street, Room 1OM15
919-554-4884 ext 32
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 opportuni to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant oragent.
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 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

SAW -2014-00116
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: April 26, 2019
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Jennifer Robertson, Atlas Environmental Inc., 712
Enelish Tudor Lane, Charlotte, NC 28211
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESAW-RG-R, Royal Creek subdivision, SAW -2014-0011
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The proiect site is approximately 67 acres
located adiacent to Ten Ten Road, bordered to the east by Chalice Lane, near the town of Fuquav Varina, Wake
County, North Carolina. Aquatic resources on site drain to Mills Branch in the Neuse River basin. Please see the
attached table and may entitled "Fuquav Varina Multi -Family Pro*ect" dated December 6, 2017 for approximate
size and locations of aquatic resources on site.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: North Carolina County/parish/borough: Wake City: Fuquav Varina
Center coordinates of site (lat/long in degree decimal format): Lat.: 35.7059° Long.: -78.9192°
Universal Transverse Mercator:
Name of nearest waterbody: Mills Branch
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
® Office (Desk) Determination. Date:
❑ Field Determination. Date(s): March 6, 2018
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
Number
Latitude (decimal
degrees)
Longitude
(decimal degrees)
Estimated amount of
aquatic resources in
review area (acreage
and linear feet, if
applicable
Type of aquatic
resources (i.e.,
wetland vs. non-
wetland waters)
Geographic authority to
which the aquatic resource
"may be" subject (i.e.,
Section 404 or Section
10/404
CH 100
35.6673
-78.7038
1,233 linear feet
Non -wetland
Section 404
WL 1000
35.6680
-78.7034
0.586
Wetland
Section 404
WL 1100
35.6663
-78.7023
0.824
Wetland
Section 404
WL 1200
35.6666
-78.7043
0.716
Wetland
Section 404
WL 1300
1 35.6680
-78.7034
0.024
Wetland
Section 404
WL 1400
35.6661
-78.7047
0.029
Wetland
Section 404
WL 1500
35.6653
-78.7056
1.139
Wetland
Section 404
WL
1500A
35.6653
-78.7056
0.005
Wetland
Section 404
WL 1600
35.6661
-78.7047
0.004
Wetland
Section 404
WL 1700
35.6661
-78.7059
0.275
Wetland
Section 404
WL 1800
35.6680
-78.7034
0.625
Wetland
Section 404
WL 1900
35.6680
-78.7034
2.161
Wetland
Section 404
WL 2000
1 35.6690
-78.7070
0.108
Wetland
Section 404

SAW -2014-00116
WL 2100
35.6690
-78.7070
0.0095
Wetland
Section 404
WL 2200
35.6690
-78.7070
0.088
Wetland
Section 404
WL 2300
35.6684
-78.7085
0.109
Wetland
Section 404
WL 2400
35.6684
-78.7085
0.007
Wetland
Section 404
Pond 1
35.6664
-78.7034
01.226
Non -Wetland
Section 404
Pond 2
35.6685
-78.7070
0.15
Non -Wetland
Section 404

SAW -2014-00116
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non -reporting NWP or other general permit,
and the permit applicant has not requested an AJD for the activity, the permit applicant is
hereby made aware that: (1) the permit applicant has elected to seek a permit authorization
based on a PJD, which does not make an official determination of jurisdictional aquatic
resources; (2) the applicant has the option to request an AJD before accepting the terms and
conditions of the permit authorization, and that basing a permit authorization on an AJD could
possibly result in less compensatory mitigation being required or different special conditions;
(3) the applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can accept
a permit authorization and thereby agree to comply with all the terms and conditions of that
pen -nit, including whatever mitigation requirements the Corps has determined to be necessary;
(5) undertaking any activity in reliance upon the subject permit authorization without
requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a
permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in
reliance on any form of Corps permit authorization based on a PJD constitutes agreement that
all aquatic resources in the review area affected in any way by that activity will be treated as
jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial
compliance or enforcement action, or in any administrative appeal or in any Federal court;
and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed
as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and
conditions contained therein), or individual permit denial can be administratively appealed
pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to
make an official determination whether geographic jurisdiction exists over aquatic resources
in the review area, or to provide an official delineation of jurisdictional aquatic resources in
the review area, the Corps will provide an AJD to accomplish that result, as soon as is
practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be"
navigable waters of the U.S. on the subject review area, and identifies all aquatic features in
the review area that could be affected by the proposed activity, based on the following
information:

SAW -2014-00116
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: "Fuguay Varina Multi -Family Project" dated December 6, 2017
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
® U.S. Geological Survey Hydrologic Atlas: Arc GIS online viewer NHD dataset
® USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: Fuquay Varina Quad
® Natural Resources Conservation Service Soil Survey. Citation: Wake County 1970
® National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
® FEMA/FIRM maps:
❑ 100 -year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
®Photographs: ®Aerial (Name & Date): undated
or ❑Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later jurisdictional
determinations.
Digitally signed by
LASTINGER.JAM LASTINGERJAMES.C.136364240
0
ES.C.1 363642400 Date: 2019.04.26 15:27:18
-04'00'
Signature and date of Regulatory
staff member completing PJD
Signature and date of person
requesting PJD (REQUIRED,
unless obtaining the signature
is impracticable)1
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing
an action.

Fuquay Multi -Family Project
Potential Waters of the U.S. Aquatic Resource Sketch Map
Sketch Map provided for illustrative purposes
> and preliminary planning only. Not intended to
be relied upon for exact location, dimension, or O
orientation. All findings and assessments are O
subject to verification from the Army Corps of
Engineers, NC Division of Water Resources,
and/or other appropriate local authorities. Do
not reproduce map set except in its entirety o
Legend
Q Revised Boundary
Contours, 2 Ft
Delineation
Intermittent
Linear Wetland
Perennial
Pond
Wetland
U
�o
D
NTAL
N
Created: Dec, 06, 2017
0 250 500 750 1000 ft

Potential Wetland 2200
Potential Wetland 2100 1
Potential Wetland 2000
Potential Wetland 2300
Potential Wetland
2400
Legend
Q Revised Boundary
Delineation
Intermittent
Linear Wetland
Perennial
Pond
Wetland
Fuquay Multi -Family Project
Potential Waters of the U.S. Aquatic Resource Sketch Map
Pond 2 1
Potential Wetland 1900
Potential Wetland 1800
Potential Non Wetland CH 100
Created: Dec, 06, 2017
3of4
iRONMENTAL
Sketch Map provided for illustrative purposes
and preliminary planning only. Not intended to
be relied upon for exact location, dimension, or
orientation. All findings and assessments are
subject to verification from the Army Corps of
Engineers, NC Division of Water Resources,
and/or other appropriate local authorities. Do
not reproduce map set except in its entirety
0 100 200 300 400 ft

Potential Wetland 1800 1
Potential Non -Wetland
CH 100
Potential Wetland 1700
Potential Wetland
1500A
Potential Non Wetland
100
Legend
Q Revised Boundary
Delineation
Intermittent
Linear Wetland
Perennial
Pond
Wetland
Fuquay Multi -Family Project
Potential Waters of the U.S. Aquatic Resource Sketch Map
`%TLAS
LrNVROK)MENTAL
Potential Wetland 1000
Potential Wetland 1300
Potentiial Non Wetland
Pond 1
Potential Wetland 1100
Potential Wetland 1200 1
Potential Wetland 1400 1
Potential Wetland 1600 1
Potential Wetland 1500 1
J Sketch Map provided for illustrative purposes
and preliminary planning only. Not intended to
be relied upon for exact location, dimension, or
orientation. All findings and assessments are
subject to verification from the Army Corps of
N Engineers, NC Division of Water Resources,
and/or other appropriate local authorities. Do
not reproduce map set except in its entirety
0 100 200 300 400 ft
4 Of 4 Created: Dec, 06, 2017

ROY COOPER" "
MICHAEL S. R£GANi
LINDA CULPEPPER
into°^m Dwe,,!or
Environmental Quality
May 16, 2019
DWR #19-0382
Wake County
Certified Mail
Return Receipt Requested
7017 2680 0000 2236 0024
Cambridge -FV, I -LC
Attn: Barrett Blackburn
831 E. Morehead Street, Suite 245
Charlotte, NC 28020
Subject: REQUEST FOR ADDITIONAL INFORMATION
Royal Creek
To Whom It May Concern:
On March 27, 2019, the Division of Water Resources (Division) received your application
requesting a Riparian Buffer Authorization from the Division for your project. The Division has
determined that your application is incomplete and cannot be processed. The application is on -
hold until the following information is received:
1. Please provide the most recent bound and published Wake county soil survey. Please
clearly draw or delineate the site boundaries on the soil survey. [15A NCAC 02H
.0502(b)]
2. DWR's file review revealed that a portion of the riparian buffers received formal
verification by the Division on January 7, 2014, NBRRO# 13-385. However, the buffer
determination letter expired on January 7, 2019 and the property boundary depicted on
the January 7, 2014 buffer determination letter does not depict the same project
boundary submitted in this application. In the Neuse River Basin, intermittent streams,
perennial streams, lakes, ponds and estuaries depicted on USGS maps and NRCS soil
survey maps are subject to the Riparian Buffer Rules. Impacts to the riparian buffers
must be identified on your plans [15A NCAC 0213.0233 (8)(b)(iv)]. If a stream is depicted
on either map it is subject to the riparian buffers. [Note: If the permittee believes the
�DRE �Q`�,
North Carolina Department of Environmental Quality Division of Water Resources i Raleigh Regional Office
3800 Barrett Drive 1628 Mad Service Center Raleigh, North Carolina 27699.1628
a1a gat 4900

Royal Creek
DWR #19-0382
ON -HOLD
Page 2 of 2
maps inaccurately depict surface waters he or she must consult the Division to secure a
formal on-site determination.]
Please provide documentation for review that the U.S. Army Corps of Engineers has
verified all stream, wetland, and/or open water locations for the project. [15A NCAC
02H .0502(a)(7)]
Pursuant to Title 15A NCAC 02B .0259 (8), the applicant shall furnish all of the above requested
information for the proper consideration of the application. If all of the requested information
is not received in writing within 30 calendar days of receipt of this letter, the Division will be
unable to approve the application and it will be returned. The return of this project will
necessitate reapplication to the Division for approval, including a complete application package
and the appropriate fee.
Please respond in writing within 30 calendar days of receipt of this letter by sending four copies
of all of the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail Service
Center, Raleigh, NC 27699-1617.
Please be aware that you have no authorization under the Water Quality Certification Rules or
the Neuse Riparian Buffer Rules for this activity.
Please contact Stephanie Goss at 919-791-4256 or [e-mail] if you have any
questions or concerns.
Sincerely,
WA4 -
Karen Higgins
Supervisor, 401 & Buffer Permitting Branch
cc: DWR RRO 401 file
DWR 401 & Buffer Permitting Unit file
U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
1 Robertson @altasenvi.com
North Carolina Departmert of Environmental Quatnt� Dw sion of Water Resources I Raleigh Regional Office
3800 Barrett Drive 1628 Mal Service Center Raleigh. North Carolina 27699-1628
919 791.4200