20160650 Ver 2_SAW-2015-01481 Permit 7-15-2016_20190912

U.S. ARMY CORPS OF ENGINEERS FILE COPY
WILMINGTON' DISTRICT
Action id. SAW -2015-01481 County: Wake U.S.G.S. Quad: NC -APEX
GENERAL I'ERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee:
Address:
Telephone Number:
Classic Road Partners, LLC
Glenn Futrell
10500 World Trade Blvd.
Raleigh, NC, 27617
919-612-5245
Size (acres) 25 Nearest Town Apex /
Nearest Waterway Middle Creek River Basin Upp ,Neuse
USGS HUC 03020201 Coordinates Latituk-35.7195584496738
Longitude: -78.8238461949543
Location description: The nrolect site is approximately 25 acres located ad scent to Classic Rd.. near the tong of Apex, Wake
Countv, North Carolina. The site contains several jurisdictional stream channels and associated 'urisdietio wetlands_ to
Middle Creek in the Neuse River basin.
Description of projects area and activity: This permit verification allows for 0.019 acre of wetland conversion from the
installation of a sewer line 149 linear feet of permanent stream channel impacts 114 linear feet from culvert installation and
35 linear feet of permanent/no permanent loss from dissipater pads buried at existing stream channel grade) and 25 linear
feet of temporary stream channel impacts from a sewer line crossine. No mitieation is required for this proposal
Applicable Law: Section 404 (Clean Water Act, 33 USC 1344)
Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 39 Commercial and Institutional
Developments.
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND 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 06/29/2016. 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 authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide 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 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 permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide 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.
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 Quality (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 Penuit, or the Corps of Engineers regulatory
program, please contact James Lastin er at 919-554-4884 x31 or James.C.Last inerr`usace.armv.mil.
Corps Regulatory Of%ici nate: 07/15/2016

SAW -2015-01181
Expiration Date of Verification: 03/18/2017
Determination of Jurisdiction:
A. ® Based on preliminary information, there appear to be waters of the US including wetlands within the above described project
area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
B. ❑ 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.
C. ❑ There are waters of the US and/or wetlands within the above described project area 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.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued Action ID: SAW -
Basis For Determination:
Remarks: Please see the attached greliminary [urisdiitional determination.
E. Attention USDA Program Participants
This del ineation/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 1485. 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
and C above).
This correspondence constitutes an approved jurisdictional determination for the above described site. if you object io 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 I OM 15
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."
Corps Regulatory Official;�
James Lastinger

SAW -2015-01481
Date of JD: 07/15/2016
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 online at http://re u�ry.usacesurvey.com/.
Copy furnished:
Agent: Soil and Environmental Consultants
Debbie Shirley
Address: 8412 Falls or Neuse Rd,
suite 104
MOO . NC, 21AI-5
Telephone Number:

SAW -2015-01481
SPECIAL CONDITIONS
1. A post -construction inspection of the project site must be performed by the Army Corps of
Enzineers, Wilmington District (USACE), once work within jurisdictional waters is complete.
The applicant must contact the USACE no later than 15 days after completion of work within
waters to establish a suitable date and time to conduct the post -construction inspection. The
applicant, and construction contractor who is responsible for installation of the culvert/road
crossing, sewer lines, etc., must be present during the post -construction inspection. The
notification shall include clearly iabelcd photographs of each impact to jurisdictional waters
authorized by this permit verification. The notification must be sent to James Lastinger,
Regulatory, Specialist, Raleigh Regulatory Field Office, U.S. Army Corps of Engineers, 3331
Heritage Trade Drive, Suite 105, Wake Forest, North Carolina 27587 or emailed to
fames.c.lastinper(i.usace.army.mil

Action ID Number: SAW -2015-01481 County: Wake
Permittee: Classic Road Partners, LLC
Attn: Glenn Futrell
Project Name: Pinnacle Park Center/Newton Tract/Classic Rd./Apex/Wake County
Date Verification Issued: 07/15/2016
Project Manager: James LastinQer
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, Regulatory Specialist
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

PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): July
2016
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Soil and Environmental Consultants
Alin: Debbie Shirley
8412 Fatsl of Neuse Rd.. suite 104
Raleigh. NC 27615
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Pinnacle Park Center/Newton Tract/Classic
Rd./Apex/Wake County, SAW -201541481
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The proiect site is avoroximately 25 acres
located adincent to Classic Rd.. near The town of Anex. Wake County North Carolina, and coot_oins severaLLtudsdictit
Streams and wetlands to Middle Creek. Please reference the attached waters inventory table and man for approximate
locations and size of features on site.
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES)
State: NC County/parish/borough: Wake City: Apex
Center coordinates of site (lat/long in degree decimal format); Lat. 35.71955844967380 N, Long. -78.8238461949543° W.
Universal Transverse Mercator:
Name of nearest water body: Middle Creek
Identify (estimate) amount of waters in the review area:
Non -wetland waters: 3,673 linear feet: 2-7 width (ft) and/or acres.
Cowardin Class: Rivcrine
Stream Flow: Perennial and Intermittent
Wetlands: 0.696 acres.
Cowardin Class: Forested
Name of any water bodies on the site that have been identified as Section 10 waters:
Tidal:
Non -Tidal:
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLIES):
❑ Office (Desk) Determination. Date:
® Field Determination. Datc(s): 6125115
1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit
applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an
approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this
preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time.
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 approved JD for the activity, the permit applicant is hereby
made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which
does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD
before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD
could possibly result in less compensatory mitigation being required or different special conditions; (3) that 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) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that
undertaking any activity in reliance upon the subject permit authorization without requesting an approved 1D constitutes the
applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable;
(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 preliminary JD constitutes agreement that all wetlands and other water bodies on
the site affected in any way by that activity are jurisdictional waters of the United States, and precludes 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 approved JD or a preliminary JD, that 1D will be processed as soon as
is practicable. Further, an approved JD, 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, and that in any administrative appeal,
jurisdictional issues can be raised (see 33 C.F.R. 331.5(ax2)). If, during that administrative appeal, it becomes necessary to make
an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters
on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable.
This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic
features on the site that could be affected by the proposed activity, based on the following information:
SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case
file and, where checked and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Soil and Environmental Consultants.
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
® U.S. Geological Survey Hydrologic Atlas: Simsuite dataset.
® USGS NHD data
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: Apex quad 2015.
® USDA Natural Resources Conservation Service Soil Survey. Citation: Wake county sheet 66, 75.
® National wetlands inventory map(s). Cite name: Simsuite dataset.
❑ State/Local wetland inventory map(s):
® FEMA/FIRM maps: Simsuite dataset.
❑ 100 -year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date):
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.
ignatu da a of
Regulatory of
anager
(REQUIRED)
Signature and date of
person requesting preliminary JD
(REQUIRED, unless obtaining the signature is
Impracticable)

SAMPLE
Site
number
Latitude
Longitude
Cowardin
Class
Estimated amount of
aquatic resource in
review area
Gass of aquatic
resource
A
35.71967
-78.82494
Riverine
1901 If
404 Stream
B
35.719521
-78.82440
Riverine
1521 If
404 Stream
D
35.718951
-78.825299
Riverine
231 If
404 stream
Wl
35.718829
-78.825599
Riverine
.009 ac
404 wetland
W2
35.719162
-78.82467
Riverine
.055ac
404 wetland
W3
35.720949
-78.825287
Riverine
.044ac
404 wetland
W4
35.719983
-78.824060
Riverine
.268 ac
404 wetland
W5
35.720355
-78.823445
Riverine
.154 ac
404 wetland
W6
35.718523
-78.822488
Riverine
.012 ac
404 wetland
W7
35.719036
-78.822061
Riverine
.154 ac
404 wetland

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�r I
1 jiJr r rf rr �iilJr rr� 1 I I y5 \` lye-jurisdictional
I r r � r---__ '` •1 Y 11 1 � �l � \ \ � lam, ;./�
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F e

NOTIFICATION OF AWNIINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FUZZ APPEAL
Applicant: Classic Road Partners, LLC I-'ile Number: SAW -2015-01481 Dale. 07/15/2016
Glenn Futrell
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
SECS 1-10N I -The fbllo%� in identifies }'our rights anal options regarding an adminktratke al?pcal of the abo% e decisiun.
Additional infonnation may be found at or htlP://www.usace.army.iniI/Missions/CiviIWorks/RegulatoryProtzrantandPeniiiis.asyx
or the Coros regulations at 33 CFR Pan 33 I.
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 ten -ns and conditions therein, you may request
that the permit be modified accordingly. You must complete Section 11 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 If 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 II - RE UEST 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 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
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 l OM 15
Wake Forest, NC 27587
Atlanta, Georgia 30303-8801
919-5544884 ext 32
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 participate in all site investi ations.
Date:
Telephone number:
Signature of appellant ora ent.
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: [phone]