92-02 MOD PJD

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id,SAW-2019-01933 County:Wake U.S.G.S.Quad:NC-Wake Forest
NOTIFICATION OF.IURISDICTIONAL DETERMINATION
Requestor_ Brown's Environmental Group,Inc.
Wyatt Brown ` IV ECS � E0
Address; 242 Batten Farm Road
Selma,NC 27576
Telephone Number. 919-524-5956 OCT 2� ZOZd
E-mail; brownenvernkgrnail.com
LAND QUALITY Size(acres) 50 Nearest Town Wake Forest MINING PROGJA
Nearest Waterway Neuse River River Basin Neuse �1ll+t
USGS 14UC 03020201 Coordinates Latitude:35.9350
Longitude:-78.5464
Location description:The riroiect site is amiroximately 50 acres located adincent to Ca ital Blvd.,near the town of Wake
Forest Wake County North Carolina and includes properties identified by PIN 1739359702 1739456108 1739351269 and a
ortion of PIN 1739360203.The approved portion of this determination only references pond 2 as shown on the attached ma .
All other a untie resources in the prolect area are associated with the preliminary Portion of this determination.
Indicate Which of the Followin A 1 :
A. Preliminary Determination
® There appear to be waters,including wetlands Stream 1 Wetland AA Wetland BB on the above described project
area/property,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).The waters,including wetlands have been delineated,and the delineation has been
verified by the Corps to be sufficiently accurate and reliable.The approximate boundaries of these waters are shown on the
enclosed delineation map dated 11117f1019.Therefore this preliminary jurisdiction determination may be used in the permit
evaluation process,including determining compensatory mitigation.For purposes of computation of impacts,compensatory
mitigation requirements,and other resource protection measures,a permit decision made on the basis of a preliminary JD will
treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional
waters of the U.S.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.
❑ There appear to be waters,including wetlands on the above described project area/property,that may be subject to Section 404
of the Clean Water Act(CWA)(33 USC§ 1344)and/or Section I0 of the Rivers and Harbors Act(RHA)(33 USC§403).
However,since the waters,including wetlands have not been properly delineated,this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation,this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters,including wetlands at the project area,which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/properly delineated.As the Corps may not be able to accomplish this wetland
delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property 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 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 waters,including wetlandson the above described project arealproperty 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.

r
SAW-2019-01933
LJ We recommend you have the waters,including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
❑The waters,including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps.The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE.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.
❑The waters,including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE.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/property LLond 2 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*f Coastal Management in Morehead City,NC,at(252)$08-2808 to determine their
requirements.
Placement of dredged or fill material within waters of the US,including wetlands,without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act(33 USC§ 1311). Placement of dredged or fill material,construction or
placement of structures,or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act(33 USC§401 and/or 403).If you have any questions
regarding this determination and/or the Corps regulatory program,please contact James Lastineer at 919-554-4884 ext 32 or
James.C.Lastinger(a)usace.army.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 2n12020.
D. Remarks: The project area for the approved portion of this delineation only includes the boundary of
Pond 2 as shown on the attached delineation map.
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 cerlified 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 sheer 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: Phillip Shannin,Review Officer
60 Forsyth Street SW,Room 1OM15
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 4nf2020.

SAW-2019-01933
"It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence."
Digitally uyned by
GIBBYJEAN.B.1229783633 GBBYAwe.R29763633
Corps Regulatory Official: Wtr7020.023107:42:48-OSW
Date of JD:2/W12020 Expiration Date of AJD:2/7/2025 Expiration Date of PJD:Not applicable

i
SAW-2019-01933
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 the Customer Satisfaction Survey located at
http:/Icorpsm apu.usace.army.m i I/cm_apex/f?p=13 6*0
Copy furnished:
Property Owner: Hanson Aeeregates Southeast LLC
Jack Garvey
Address. 3828 Barrett Drive,suite 300
Ralei h NC 27609
Telephone Number 9I9-380-2500
E-mail: iack.ea rvev(a)lehi8hhanson.com

I�1®RBI f '1'l a] l F i Ip MiIi EISfI I iTr1FiE,i );i I.,i 141 �)T Pf ,iI V10 ''J t [;1~S A-NIO
REQUEST FOR APPELL
Applicant:BrO_Wn Is Environmental G MML Inc.,Wyatt I File Number:S_AW-2019-01933 Date:02/07/2020
Brown
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
91;CINON f-' The following identifies-your rights and'op6otis regarding an ad nis0vhve appegl,ciftthe a6ov decision.
Additional information may be.found-at-or'hitp://www.usapS,arTny.mi#MissiopslCiyilWorkI' eeulato_ kograrnandEennits.a_spx
or thetCo sire tilations-at 3.3.-CHRYPaet 33J.
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 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 dale 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 11 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
dale 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.
SEC,TION II-REQUEST FOR APPEAL or OBJECTIONS TO AN INI-FIAL 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. Phillip Shannin,Administrative Appeal Review Officer
Attn:James Lastinger CESAD-PDO
Raleigh Regulatory Office U.S. Army Corps of Engineers,South Atlantic Division
U.S Army Corps of Engineers 60 Forsyth Street,Room 1 OM 15
3331 Heritage Trade Drive,Suite 105 Atlanta,Georgia 30303-8801
Wake Forest,North Carolina 27587 Phone. [phone]
rnoticeof
NTRY: Your signature below grants the right of entry to Corps of Engineers personnel,and any government
conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
ite investigation,and will have the opportunit.y to participate in all site investi ations.
Date: Telephone number:
Signature of appellant or agent.
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 farm to:
Division Engineer,Commander,U.S.Army Engineer Division,South Atlantic,Attn:Mr.Phillip Shannin,Administrative
Appeal Officer,CESAD-PDO,60 Forsyth Street,Room 10M 15,Atlanta,Georgia 30303-8801
Phone:[phone]

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S.Army Carps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION 1: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION(JD):2/712020
B. DISTRICT OFFICE,FILE NAME,AND NUMBER:Wilmington District.Hanson Quarry NE property,SAW-2019-01933
C. PROJECT LOCATION AND BACKGROUND INFORMATION:The project site is approximately 50 acres located adjacent to
Capital Blvd.,near the town of Wake Forest,Wake County North Carolina,and includes properties identified by PIN 1739359702,
1739456108, 1739351269,and a portion of PIN 1739360203,The approved portion of this determination only references pond 2 as shown on
the attached map.All other aquatic resources in the project area are associated with the preliminary portion of this determination.
State:NC Countylparish/borough:Wake City:Wake Forest
Center coordinates of site(]at/long in degree decimal format); Lat.35.9350,Long.-78.5464
Universal Transverse Mercator
Name of nearest waterbody:Neuse River
Name of nearest Traditional Navigable Water(TNW)into which the aquatic resource flows:
Name of watershed or Hydrologic Unit Code(HUC):03020201
®Check if malVdingram of review area and/or potential jurisdictional areas isdare available upon request.
❑Check if other sites(c,9.,ofi'site mitigation sites,disposal sites,etc,..)are associated with this action and are recorded on a different
JD form;
D. REVIEW PERFORMED FOR SITE EVALUATION(CHECK ALL THAT APPLY):
®Office(Desk)Determination. Date; February 7,2020
❑Field Determination. Date(s)-
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There are no"navigable waters ofthe U.S"within Rivers and Harbors Act(RHA)jurisdiction(as defined by 33 CFR pan 329)in the review
area,lRequired]
❑Waters subject to the ebb and flow of the fide_
❑Waters are presently used,or have been used in the past,or may be susceptible for Lne to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There are`hvatersofihe U.S."within Clean Water Act(CWA)jurisdiction(as defined by 33 CFR part 328)in the review area.lRequired]
1. Waters of the U.S.
a. Indicate presence of waters or U.S.in review area(check all that apply):'
❑TNWs, including territorial seas
❑Wetlands adjacent to TNWs
❑Relatively permanent waters-3(RPWs)that flow directly or indirectly into TNWs
[]Non-RPWs that flow directly or indirectly into TNWs
❑Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
[]Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
❑Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
❑Impoundments of jurisdictional waters
❑Isolated(interstate or intrastate)waters,including isolated wetlands
b. Identify(estimate)size of waters of the U.S.in the review area:
Non-wetland waters:linear feet,wide,and/or acres.
Wetlands:acres,
c. Limits(boundaries)of jarisdiction based on:Pick List
Elevation of established OHWM(if known);
2. Non-regulated waterstwetlands(check if applicable):]
®Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain_Pond 2 is not a Water of the U.S,pursuant to the preamble to the Corps 1986 regulations(33 CFR Parts 320-330).
The area immediately adjacent to Pond 1 consists of uplands.
SECTION III: CWA ANALYSIS
'Boxes checked below shall be supported by completing the appropriate sectiom in Section III below
'For purposes of this form,an RPW is defined as a tributary that is nor a TNW and that typically flows year-round or has continuous flaw at least"seasonally-
(e.g.,typically 3 months).
'Supporting documentation is presented in Section III F

A. TN►►-s AND WETLANDS ADJACENT TO TNWs
The agencies will asserl jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW,complete
Section III.A.1 and Section II1.D.1.only;if the aquatic resource is a welland adjacent to a TNW,complete Sections III.A.1 and 2
and Section III.D.I.;otherwise,see Section III.B below,
.4. TNW
Identify TNW:
Summarize rationale supporting detetminatlou.
2. Weliandadjacent to TNW
Summarize rationale supporting conclusion that welland is"adjacent":
13. CHARACTERISTICS OF TRIBUTARY(THAT IS NOT A TNW)AND ITS ADJACENT WETLANDS(IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands,if any,and it helps
determine whether or not the standards for jurisdiction established under Rapanas have been met.
The agencies w ill assert jurisdiction over non-navigable tributaries of TN►►'s where the tributaries are"relatively permanent
waters"(RPWs),i.e.tributaries that typically flow year-round or have continuous flow at least seasonally(e.g.,typically 3
months).A wetland that directly abuts an RPW is also jurisdictional.If the aquatic resource is not a TNW,but has year-round
(perennial)flow,ship to Section IH.D.2,If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A welland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation.Corps districts and
EPA regions will include in the record any available information That documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial(and its adjacent wetlands if any)and a traditional navigable water,even
(hough a significant nexus lending is not required as a matter of law.
!f the walerbody'is not an RPW,or a welland directly abutting an RP►►,,a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW.if the tributary has adjacent wetlands,the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands.This significant nexus evaluation that combines,for
analytical purposes,the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary,or its adjacent wetlands,or both.If the JD covers it tributary with adjacent wetlands,complete Section II1.B.1 for
the tributary,Section III.B.2 for any onsite wetlands,and Section III.B.3 for all wetlands adjacent to that tributary,both onsite
and offsile.The determination whether a significant nexus exists is determined in Section III.0 below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size:Pick List
Drainage area:Piek List
Average annual rainfall:inches
Average annual snowfall:inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑Tributary flows directly into TNW.
❑Tributary flows through Pick Listiributaries before entering INW.
Project waters are Pick Listriver miles from TNW.
Project waters are Pick Listriver miles from RPW.
Project waters are Pick List aerial(straight)miles from TNW.
Project waters are Pick List aerial(straight)miles from RPW.
Project waters cross or serve as stale boundaries.Explain:
Identify flow route to TNWs:
Tributary stream order,if known:
(b) General Tributary Characteristics check all that a Iv :
Tributary is: ❑Natural
'Note that the Instructional Guidebook contains additional information regarding swales,ditches,washes,and erosional features generally and in the and West
'Flow route can be described by identifying,e.g.,tributary a,which flows through the review area,to flow into tributary b,which then flows into TNW

❑Artificial(man-made). Explain:
❑Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank(estimate):
Average width:feel
Average depth: feet
Average side slopes:Pick List.
Primary tributary substrate composition(check all that apply):
❑silts ❑Sands ❑Concrete
❑Cobbles ❑Gravel ❑Muck
❑Bedrock ❑Vegetation. Type/"/o cover.
❑Other.Explain:
Tributarycondition/stability[e.g„highly eroding,sloughing banks]. Explain:
Presence of run/riftle/pool complexes. Explain:
Tributary geometry:Pick List
Tributary gradient(approximate average slope): %
(c) i•lftw:
Tributary provides for:Pick List
Estimate average number of(low events in review area/year:Pick List
Describe flow regime:
Other information an duration and volume:
Surface flow is:Pick List.Characteristics:
Subsurface flow:Pick List. Explain findings:
❑Dye(or other)test performed:
Tributary has(check all that apply):
❑Bed and banks
❑0HWM6(check all indicators that apply):
[]clear,natural line impressed on the bank ❑the presence of litter and debris
❑changes in the character of soil ❑destruction of terrestrial vegetation
[]shelving ❑the presence of wrack line
❑vegetation matted down,bent,or absent ❑sediment sorting
❑leaf litter disturbed or washed away ❑scour
❑sediment deposition ❑multiple observed or predicted flow events
[]water staining ❑abrupt change in plant community
[]other(list);
❑Discontinuous 01-iWM.' Explain-
if factors other than the OHWM were used to determine lateral extent of CWA jurisdiction(check all that apply):
❑High Tide Line indicated b): ❑Mean High Water Mark indicated by:
[]oil or scum line along shore objects ❑survey to available datum;
❑fine shell or debris deposits(foreshore) ❑physical markings;
[]physical mark ings+characteristics ❑vegetation lines/changes in vegetation types.
❑tidal gauges
❑other(list).
(iii) Chemical Characteristics:
Characterize tributary(e.g.,water color is clear,discolored,oily film;water quality;general watershed characteristics,etc.).
Explain:
Identify specific pollutants,if known:
(iv) Biological Characteristics. Channel supports(check all that apply):
❑Riparian corridor, Characteristics(type,average width):
❑Wetland fringe. Characteristics:
[]Habitat for:
❑Federally Listed species, Explain findings-.
❑Fish/spawn areas. Explain findings:
°A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction(e g,where the stream temporarily flows underground,or where
the OHWM has been removed by development or agricultural practices). Where there is n break in the OHWM that is unrelated to the waterbody's flow
regime(e.g.,flow over a rock outcrop or through a culvert),the agencies will look for indicators of flow above and below the break
'Ibid.

❑Other environmental ly-sensitive species_ Explain findings:
❑Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that now directly or indirectly into TNW
(i) Physical Characteristics:
(a) Qcneral Welland Chgracleristics.
Properties-
Welland size:acres
Wetland type_ Explain;
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries.Explain-
(b) General Flow Relationship with Non-TNW-,
Flow is.Pick List.Explain_
Surface flow is:Pick List
Characteristics;
Subsurface flow:Pick List_ Explain findings;
❑Dye(or other)test performed-
(c) Welland Adincency Determination with n-TNW:
❑Directly abutting
❑Not directly abutting
❑Discrete wetland hydrologic connection. Explain:
❑Ecological connection. Explain-
❑Separated by bermlbarrier. Explain;
(d) Proximity(Relationship)to TNW
Project wetlands are Pick Listriver miles from TNW.
Project waters are Pick List aerial(straight)miles from TNW.
Flow is from;Pick List.
Estimate approximate location of wetland as within the Pick List floodplain.
(ii) Chemical Characteristics:
Characterize wetland system(e.g.,,water color is clear,brown,oil film on surface;water quality;general watershed
characteristics;etc.). Explain-.
Identify specific pollutants,if known:
(iii) Biological Characteristics. Welland supports(check all that apply):
❑Riparian buffer. Characteristics(type,average width)-.
❑Vegetation type/percent cover. Explain-
[]Habitat for:
❑Federally Listed species. Explain findings:
❑Fish/spawn areas.Explain findings-
❑Other environmentally-sensitive species. Explain findings;
❑Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary(if an))
All wetland(s)being considered in the cumulative analysis: Pick List
Approximately acres in total are being considered in the cumulative analysis.
For each wetland,specify the following-
Directly abuts?(Y/N) Size(in acre5 Directly abuts YM Size(in acres)
Summarize overall biological,chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION

A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical,physical,and biological integrity
or TN►V. For each of the following situations,a significant nexus exists if the tributary,in combination with all of its adjacent
wetlands,has more than a speculative or insubstantial effect on the chemical,physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include,but are not limited to the volume,duration,and frequency of the flow
ofwater in the tributary and its proximity to a TNW,and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance(e.g.between a
tributary and its adjacent wetland or between a tributary and the TNW).Similarly,the fact an adjacent wetland lies within or
outside of a floodplain is not safely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW,as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook.Factors to consider include,for example:
• Does the tributary,in combination with its adjacent wetlands(if any),have the capacity to carry pollutants or flood waters to
TNWs,or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary,in combination with its adjacent wetlands(if any),provide habitat and lifecycle support functions for fish and
other species,such as feeding,nesting,spawning,or rearing young for species that are present in the TNW?
• Does the tributary,in combination with its adjacent wetlands(if any),have the capacity to transfer nutrients and organic carbon that
support downstream food webs?
• Does the tributary,in combination with its adjacent wetlands(if any),have other relationships to the physical,chemical,or
biological integrity of the TNW?
Note:the above Pest of considerations is not inclusive and other functions observed or known to occur should be documented
below:
I. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TN1Vs. Explain
findings of presence or absence of significant nexus below,based on the tributary itself,then go to Section III.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands,where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below,based on the tributary in combination with all of its
adjacent wetlands,then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW.Explain findings of
presence or absence of significant nexus below,based on the tributary in combination with all of its adjacent wetlands,then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS.THE SUBJECT WATERSAVETLANDS ARE(CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
❑TNWs:linear feel,wide,Or acres.
[]Wetlands adjacent to TNWs:acres.
2. RP%Vs that flow directly or indirectly into TNWs.
❑Tributaries of TNWs where tributaries typically flow year-round are jurisdictional.Provide duta and rationale indicating that
tributary is perennial:
❑Tributaries of TNW where tributaries have continuous flow"seasonally"(e.g.,typically three months each year)are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area(check all that apply):
❑Tributary waters:linear feel wide.
❑Other non-wetland waters:acres.
Identify type(s)of waters:
3. Non-RPWs"that flow directly or indirectly into TNWs.
❑Waterbody that is not a TNW or an RPW,but flows directly or indirectly into a TNW,and it has a significant nexus with a TNW
is jurisdictional.Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area(check all that apply):
❑Tributary waters:linear feet,wide.
❑Other non-wetland waters:acres.
Identify type(s)of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
"See Footnote q 3

❑Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands_
❑Wetlands directly abutting an RPW where tributaries typically Flow year-round. Provide data and rationale indicating that
tributary is perennial in Section III.D.2,above.Provide rationale indicating that wetland is directly abutting an RPW:
❑Wetlands directly abutting an RPW where tributaries typically flow"seasonally." Provide data indicating that tributary is
seasonal in Section II1,13 and rationale in Section III.D.2,above.Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area-acres,
5. Wetlands adjacent to but not directly abutting an RPW that floe directly or indirectly into TNWs.
❑Wetlands that do not directly abut an RPW,but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands,have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area-acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNIA s.
❑Wetlands adjacent to such waters,and have W hen considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands,have a significant nexus with a TN W are jurisdictional.Data supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area:acres.
7. Impoundments of jurisdictional waters.'
As a general rule,the impoundment of a jurisdictional tributary remains jurisdictional.
❑Demonstrate that impoundment was created from"waters of the U,S.r"or
❑Demonstrate that water meets the criteria for one of the categories,presented abuvc(1-6),or
❑Demonstrate that water is isolated with IL nexus to commerce(see E below).
E. ISOLATED[INTERSTATE OR INTRA-STATE1 WATERS,INCLUDING ISOLATED WETLANDS,THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COAINIERCE,INCLUDING ANl'
SUCH WATERS(CHECK ALL THAT APPLY):10
❑which are or could be used by interstate or foreign travelers for recreational or other purposes.
❑from which fish or shellfish are or could be taken and sold in interstate or foreign commerce..
❑which are or could be used for industrial purposes by industries in interstate commerce.
❑Interstate isolated waters.Explain:
❑Other factors.Explain:
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area(check all that apply):
❑Tributary Waters:linear feet,wide.
❑Other non-wetland waters:acres.
Identify type(s)of waters:
❑Wetlands:acres.
F. NON-JURISDICTIONAL WATERS,INCLUDING WETLANDS(CHECK ALL THAT APPLY):
❑If potential wetlands were assessed within the review area,these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
❑Review area included isolated%voters with no substantial nexus to interstate(or foreign)commerce.
❑Prior to the Jan 2001 Supreme Court decision in"SIVANCC,"the review area would have been regulated based olel on the
"Migratory Bird Rule"(MBR).
❑Waters do not meet the"Significant Nexus"standard,where such a finding is required for jurisdiction. Explain:
®Other.(explain,if not covered above):Pond 2 is not a Water of the U.S.pursuant to the preamble to the Corps 1986 regulations
(33 CFR Paris 320-330).The area immediately adjacent to Pond 1 consists of uplands.
'Po complete the analysis refer to the key in Section III D 6 of the Imtructional Guidebook
"Prior to asserting or declining CWA jurisdiction based solely on this category,Corps Districts will elevate the action to Corps and EPA IIQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CN'AArtJurisdirrion Following Raponos.

Provide acreage estimates for non jurisdictional waters in the review area,where the§Rle potential basis of jurisdiction is the MBR
factors(i.e.,presence of migratory birds,presence of endangered species,use of water for irrigated agriculture),using best professional
judgment(check all that apply):
❑Non-wetland waters(i.e.,rivers,streams):linear feel,wide.
®Lakes/ponds:0.5 acres.
❑Other non-welland waters:acres.List type of aquatic resource:
[]Wetlands:acres.
Provide acreage estimates for non-jurisdictional waters in the review area that do not meet the"Significant Nexus"standard,where such
a finding is required for jurisdiction(check all that apply):
[]Non-wetland waters(i.e.,rivers,streams):linear feet,wide.
❑Lakes/ponds:acres.
❑Other non-wetland waters:acres. List type ofaquatic resource:
[]Wetlands:acres.
SECTION 1V: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD(check all that apply-checked items shall be included in case file and,%%-here checked
and requested,appropriately reference sources below):
® Maps,plans,plels or plat submitted by or on behalf of the applicant/consultant:entitled"North Raleigh Quarry Northeast Comer"
dated I 1/17/19
® 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:
❑USGS NHD data.
❑USGS 8 and 12 digit HUC maps.
® U.S.Geological Survey map(s).Cite scale&quad name:Wake Forest Quad
® USDA Natural Resources Conservation Service Soil Survey.Citation:Websoii survey
® National wetlands inventory map(s). Cite name:USFWS dataset
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is:(National Geodectic Vertical Datum of 1929)
® Photographs: ®Aerial(Name&Date):
Or❑Other(Name&Date):
❑ Previous determination(s). File no.and date of response letter:
❑ Applicable/supposing case law:
❑ Applicable/supporting scientific literature:
❑ Other information(please specify):
U. ADDITIONAL COMMENTS TO SUPPORT JD:

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 02/07/2020
B.NAME AND ADDRESS OF PERSON REQUESTING PJD: Brown's Environmental Group, Inc., Wyatt
Brown,242 Batten Faun Road,Selma,NC 27576
C. DISTRICT OFFICE, FILE NAME,AND NUMBER: Wilmington District, Hanson Quarry NE property, SAW-
2019-01933
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project site is approximately 50 acres
located adjacent to Capital Blvd.,near the town of Wake Forest,Wake County North Carolina,and includes properties
identified by PIN 1739359702, 1739456108, 1739351269,and a portion of PIN 1739360203.The approved portion of
this determination only references pond 2 as shown on the attached map. All other aquatic resources in the project area
are associated with the preliminary portion of this determination.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State:NC County:Wake City: Wake Forest
Center coordinates of site (latilong in degree decimal format). Latitude:35.9350 Longitude:-78.5464
Universal Transverse Mercator;
Name of nearest waterbody_Neuse River
E. REVIEW PERFORMED FOR SITE EVALUATION(CHECK ALL THAT APPLY):
® Office (Desk) Determination. Date; February 7,2020
❑ Field Determination_ Date(s):
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH"MAY BE"SUBJECT TO REGULATORY
JURISDICTION.
Estimated amount of Geographic authority to
Type of aquatic
Latitude{decimal Longitude(decimal aquatic resources in resources{i.e., which the aquatic resource
Site Number degrees) degrees) review area{acreage wetland vs.non- maybe subject(i.e.,
and linear feet,if wetland waters} Section 404 or Section
applicable 10/404)
S1 35.9364 -78,5477 1596 LF Nan-wetland Section 404
WAA 35.9372 -78.5494 0.008 acre Wetland Section 404
WBB 35.9366 -78.5526 9.7 acres Wetland Section 404
Pond 1 35.9366 -78.5483 0.53 acre Non-wetland Section 404

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
permit, 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 AJD 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 "pray 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:

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:entitled"North Raleigh Quarry Northeast Comer"dated 11/17/19
®Data sheets prepared/submitted by or on behalf of the PJD requestor.
®Office concurs with data sheets/delineation report.
❑Office does not concurwith data sheets/delineation report. Rationale:
❑Data sheets prepared by the Corps:
❑Corps navigable waters'study:
❑U.S. Geological Survey Hydrologic Atlas:
❑USGS NHD data.
❑USGS 8 and 12 digit HUC maps.
®U.S.Geological Survey map(s).Cite scale&quad name: Wake Forest Quad
®Natural Resources Conservation Service Soil Survey. Citation:NRCS websoii survey
®National wetlands inventory map(s). Cite name: USFWS dataset
❑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 detetmination(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 iurisdictional determinations.
LASTINGER.JA Digitally signed by
LAS'nNGERJAME5.C.136
MES.C.136364 3642400
Date:2020.02.10
2400 08:15:54-05'00'
Signature and date of Regulatory
staff member completing PJD Signature and date of person requesting PJD
2/7i2020 (REQUIRED, unless obtaining the signature is
impracticable)t
t Districts may establish timeframes for requester to return signed PJD forms. Ifthe requester does not respond within the
established time frame the district may presume concurrence and no additional follow ups necessary prior to finalizing an
action

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