SW5201101_SW Report_20201208

Stormwater Management
Permit Package

Louisburg 115kV Capacitor Bank
480 West River Road
Louisburg, NC 27549
Dewberry Project Number: 50130273

November 23, 2020

SUBMITTED BY: SUBMITTED TO:

NC Division of Energy,
Dewberry Engineers Inc.
Mineral, and Land
2610 Wycliff Road
Resources-Stormwater
Suite 410
Program
Raleigh NC 27607
512 N. Salisbury Street
919.881.9939
1612 Mail Service Center
NC License No.: F-0929
Raleigh, NC 27699-1612

Louisburg 115kV Capacitor Bank
Project# 50130273
November 23, 2020

Stormwater Management Narrative

Site Design
An electrical capacitor bank is proposed on the north side of SR1211/West River Road west of
the intersection with T Kemp Road, west of the Town of Louisburg, North Carolina. Access to
the capacitor bank will be provided by a gravel driveway. The capacitor bank construction will
result in a gravel-covered capacitor bank yard, a shoulder topped with ABC stone, and an ABC
stone driveway. A tap coming from the existing transmission line north of the capacitor bank will
be constructed too.
The capacitor bank pad will be approximately 122162
covered with gravel. Capacitor bank equipment will be added to the pad and the fence will
extend to the edge of the pad. Two gates will be installed on the south side of the pad. The
gravel capacitor bank pad is considered pervious for the purposes of stormwater calculations,
according to North Carolina Department of Environmental Quality (NCDEQ) policy. The
substation shoulder and access drive are considered impervious.
The proposed denuded area is 1.94 acres and the proposed impervious area of this project is
0.52 acres, or about 3.0% of the property area (excluding right-of-way area). The property
outside of the right-of-way is 16.7 acres.
Existing Site Conditions
A 17.13 acre site, 480 West River Road/SR 1211, has been purchased by Duke Energy
Progress for this project.
The project site is located within the Tar-Pamilico River Basin. Wetlands exist adjacent to the
stream on the north/central part of the property. The topography is gently sloped towards the
stream/wetlands, then rise steeply in the northwest corner and along the northern property line.
The site is currently undeveloped and is mostly a field that has been used for agricultural
purposes with woods towards the stream and between the transmission right of way towards the
north side of the property.
Stormwater Summary
The site will drain to the north, across the open field and towards the wetlands and creek that
runs northeast towards Coole Creek, and ultimately to the Tar River.

Soil Characteristics
The soils that make up this property are the following: WaB Wake-Saw-Wedowee complex,
WbD Wake-Wateree-Wedowee complex, and WeB Wedowee sandy loam. Out front along West
River Road, Wake-Saw-Wedowee and Wedowee sandy loam is present. As you move north
across the property towards the northwest corner, Wake-Saw-Wedowee complex is present.
The capacitor bank is planned on the central portion of the property where Wake-Wateree-
Wedowee complex is present.

A soils map and description of the soils is provided in this report (PART B).

tğŭĻ Њ ƚŅ Ћ

Louisburg 115kV Capacitor Bank
Project# 50130273
November 23, 2020

Local Stormwater Requirements
The site is in the jurisdiction of the NC DEQ Raleigh regional office, being a Phase II community
there is no current local stormwater jurisdiction.
Hydrologic Calculations
See PART D for impervious area calculations.

Nitrogen Loading Calculations/Impervious Area Summary
Nitrogen calculations are not required at this site.

tğŭĻ Ћ ƚŅ Ћ

TABLE OF CONTENTS

Stormwater Management Narrative

Part A Low-Density Stormwater Permit Application and Deed

Part B USGS Quad and NRCS Soils Maps

Part C Drainage Map

Part D Calculations

Part E US Army Corps of Engineers Preliminary Jurisdictional Determination

PART A LOW-DENSITY STORMWATER PERMIT APPLICATION
AND DEED

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Applicable Rules:Coastal SW 1995Coastal SW 2008Ph II -Post Construction
(select all that apply) Non-Coastal SW- HQW/ORW Waters Universal Stormwater Management Plan
Other WQ Mgmt Plan:

State of North Carolina
Department of Environment and Natural Resources
Division of Energy, Mineral and Land Resources

STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc.):
Duke Energy Progress Louisburg Capacitor Bank 115kV
2. Location of Project (street address):
480 SR1211/West River Road
City:Louisburg County:Franklin Zip:27549
3. Directions to project (from nearest major intersection):
At intersection of Highway 56 and 401, turn left(west) onto 56. Proceed about half mile and turn right(north)
onto T Kemp Road. Travel north on T Kemp Road until it dead ends into West River Road. Turn left (west)
onto West River Road and proceed 1,300 feet and the site will be on your right (north side of W. River Road).
4. Latitude:36 0603.1645 Longitude:-078 1903.7912 of the main entrance to the project.

II. PERMIT INFORMATION:

1. a. Specify whether project is (check one): New Modification Renewal w/ Modification

Renewals with modifications also requires SWU-102 Renewal Application Form
b. If this application is being submitted as the result of a modification to an existing permit, list the existing
permit number , its issue date (if known) , and the status of
construction: Not Started Partially Completed* Completed*
2. Specify the type of project (check one):
Low Density High Density Drains to an Offsite Stormwater System Other
3. If this application is being submitted as the result of a previously returned application or a letter from
DEMLR requesting a state stormwater management permit application, list the stormwater project number,
if assigned, and the previous name of the project, if different than currently
proposed, .
4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be
obtained by contacting the Customer Service Center at 1-877-623-6748):
CAMA Major Sedimentation/Erosion Control: 14.76 ac of Disturbed Area
NPDES Industrial Stormwater 404/401 Permit: Proposed Impacts
b. If any of these permits have already been acquired please provide the Project Name, Project/Permit Number,
issue date and the type of each permit:
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Form SWU-101 Version Oct. 31, 2013 Page 1 of 6

III. CONTACT INFORMATION
1. a.
designated government official, individual, etc. who owns the project):
Applicant/Organization:Evlf!Fofshz!Qsphsftt
Signing Official & Title:Alan Lewis, manager substation engineering
b. Contact information for person listed in item 1a above:
Street Address:410 South Wilmington Street NC02
City:Raleigh State:NC Zip:27601
Mailing Address (if applicable):410 South Wilmington Street NC02
City:Raleigh State:NC Zip:27601
Phone: (919 ) 546-7451 Fax: ( )
Email:[e-mail]
c. Please check the appropriate box. The applicant listed above is:
The property owner (Skip to Contact Information, item 3a)
Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below)
Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and
2b below)
Developer* (Complete Contact Information, item 2a and 2b below.)

2. a. Print Property Owners name and title below, if you are the lessee, purchaser or developer. (This is the
person who owns the property that the project is located on):
Property Owner/Organization:!!!!!
Signing Official & Title:
b. Contact information for person listed in item 2a above:
Street Address:
City: State: Zip:
Mailing Address (if applicable):
City: State: Zip:
Phone: ( ) Fax: ( )
Email:

3. a. (Optional) Print the name and title of
person who can answer questions about the project:
Other Contact Person/Organization:Sfvcfo!Kpoft-!Evlf!Fofshz!Qsphsftt
Signing Official & Title:Alan Lewis, manager substation engineering
b. Contact information for person listed in item 3a above:
Mailing Address:410 South Wilmington Street NC02
City:Raleigh State:NC Zip:27601
Phone: (919 ) 210-2532 Fax: ( )
Email:[e-mail]
4. Local jurisdiction for building permits: Town of Louisburg
Point of Contact:Philip Slayter Phone #: (919 ) 497-1003

Form SWU-101 Version Oct. 31, 2013 Page 2 of 6

IV. PROJECT INFORMATION
1. In the space provided below, briefly summarize how the stormwater runoff will be treated.
Stormwater will sheet flow across the property to existing wetlands and streams.

2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved:
Approval of a Site Specific Development Plan or PUD Approval Date:
Valid Building Permit Issued Date:
Other: Date:
b. If claiming vested rights, identify the regulation(s) the project has been designed in accordance with:
Coastal SW 1995 Ph II Post Construction
3. Stormwater runoff from this project drains to the Tar-Pamilico River basin.
4. Total Property Area: 17.13 acres 5. Total Coastal Wetlands Area: 0 acres
6. Total Surface Water Area: 0 acres
7. Total Property Area (4) Total Coastal Wetlands Area (5) Total Surface Water Area (6) = Total Project
+
Area: 17.13 acres
+
Total project area shall be calculated to exclude the following: the normal pool of impounded structures, the area
between the banks of streams and rivers, the area below the Normal High Water (NHW) line or Mean High Water
(MHW) line, and coastal wetlands landward from the NHW (or MHW) line. The resultant project area is used to
calculate overall percent built upon area (BUA). Non-coastal wetlands landward of the NHW (or MHW) line may
be included in the total project area.
8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 23.9 %
9. How many drainage areas does the project have?1 (For high density, count 1 for each proposed engineered
stormwater BMP. For low density and other projects, use 1 for the whole property area)
10. Complete the following information for each drainage area identified in Project Information item 9. If there
are more than four drainage areas in the project, attach an additional sheet with the information for each area
provided in the same format as below.

Basin Information Drainage Area 1 Drainage Area Drainage Area Drainage Area
Receiving Stream Name Coole Creek
Stream Class * WS-IV; NSW
Stream Index Number * 28-24
Total Drainage Area (sf) 17.13
On-site Drainage Area (sf) 17.13
Off-site Drainage Area (sf) N/A
**178,160
Proposed Impervious Area (sf)
** 23.9%
% Impervious Area(total)

**
Drainage Area 1 Drainage Area Drainage Area Drainage Area
Impervious Surface Area
On-site Buildings/Lots (sf) N/A
On-site Streets (sf) N/A
On-site Parking (sf) N/A
On-site Sidewalks (sf) N/A
Other on-site (sf) 39,281
Future (sf) 138,879
Off-site (sf) 0
Existing BUA*** (sf) 0
Total (sf): 178,160
* Stream Class and Index Number can be determined at: http://portal.ncdenr.org/web/wq/ps/csu/classifications
**
Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
*** Report only that amount of existing BUA that will remain after development. Do not report any existing BUA that
is to be removed and which will be replaced by new BUA.
Form SWU-101 Version Oct. 31, 2013 Page 3 of 6

11. How was the off-site impervious area listed above determined? Provide documentation. N/A

Projects in Union County: Contact DEMLR Central Office staff to check if the project is located within a Threatened &
Endangered Species watershed that may be subject to more stringent stormwater requirements as per 15A NCAC 02B .0600.

V. SUPPLEMENT AND O&M FORMS
The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms
must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded
from http://portal.ncdenr.org/web/wq/ws/su/bmp-manual.

VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Energy, Mineral and
Land Resources (DEMLR). A complete package includes all of the items listed below. A detailed application
instruction sheet and BMP checklists are available from
http://portal.ncdenr.org/web/wq/ws/su/statesw/forms_docs. The complete application package should be
submitted to the appropriate DEMLR Office. (The appropriate office may be found by locating project on the
interactive online map at http://portal.ncdenr.org/web/wq/ws/su/maps.)

Please indicate that the following required information have been provided by initialing in the space provided
for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions
for each submitted application package from http://portal.ncdenr.org/web/wq/ws/su/statesw/forms_docs.
Initials
1. Original and one copy of the Stormwater Management Permit Application Form.
2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants
Form. (if required as per Part VII below)
3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M
agreement(s) for each BMP.
4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to
http://www.envhelp.org/pages/onestopexpress.html for information on the Express program
and the associated fees. Contact the appropriate regional office Express Permit Coordinator for
additional information and to schedule the required application meeting.)
5. A detailed narrative (one to two pages) describing the stormwater treatment/management for
the project. This is required in addition to the brief summary provided in the Project
Information, item 1.
6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the
receiving stream drains to class SA waters within ½ mile of the site boundary, include the ½
mile radius on the map.
7. Sealed, signed and dated calculations (one copy).
8. Two sets of plans (sealed, signed, & dated), including:
a. Development/Project name.
b. Engineer and firm.
c. Location map with named streets and NCSR numbers.
d. Legend.
e. North arrow.
f. Scale.
g. Revision number and dates.
h. Identify all surface waters on the plans by delineating the normal pool elevation of
impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal
waters, and any coastal wetlands landward of the MHW or NHW lines.
Delineate the vegetated buffer landward from the normal pool elevation of impounded
structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters.
i. Dimensioned property/project boundary with bearings & distances.
j. Site Layout with all BUA identified and dimensioned.
k. Existing contours, proposed contours, spot elevations, finished floor elevations.
l. Details of roads, drainage features, collection systems, and stormwater control measures.
m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a
qualified person. Provide documentation of qualifications and identify the person who
made the determination on the plans.
n. Existing drainage (including off-site), drainage easements, pipe sizes, runoff calculations.
o. Drainage areas delineated (included in the main set of plans, not as a separate document).
Form SWU-101 Version Oct. 31, 2013 Page 4 of 6

p. Vegetated buffers (where required).
9. Copy of any applicable soils report with the associated SHWT elevations (Please identify
elevations in addition to depths) as well as a map of the boring locations with the existing
elevations and boring logs.
project area clearly delineated. For projects with infiltration BMPs, the report should also
include the soil type, expected infiltration rate, and the method of determining the infiltration rate.
(Infiltration Devices submitted to WiRO: S chedule a site visit for DEMLR to verify the SHWT prior
to submittal, [phone].)
10. A copy of the most current property deed. Deed book: 2226 Page No: 2047
11. For corporations and limited liability corporations (LLC): Provide documentation from the NC
Secretary of State or other official documentation, which supports the titles and positions held
by the persons listed in Contact Information, item 1a, 2a, and/or 3a per 15A NCAC 2H.1003(e).
The corporation or LLC must be listed as an active corporation in good standing with the NC
Secretary of State, otherwise the application will be returned.
http://www.secretary.state.nc.us/Corporations/CSearch.aspx

VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective
covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed
BUA allocations vary, a table listing each lot number, lot size, and the allowable built-upon area must be provided
as an attachment to the ©µ³¶²«º«ªɎ§´ªɎ´µº§¸¯À«ªɎª««ªɎ¸«¹º¸¯©º¯µ´Ɏ¬µ¸³ȌɎɎ3®«Ɏ§¶¶¸µ¶¸¯§º«Ɏª««ªɎ¸«¹º¸¯©º¯µ´¹Ɏ§´ªɎ
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In the instances where the applicant is different than the property owner, it is the responsibility of the property
owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring
that the deed restrictions are recorded.
By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and
protective covenants for this project, if required, shall include all the items required in the permit and listed
on the forms available on the website, that the covenants will be binding on all parties and persons claiming
under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the NC DEMLR, and that they will be recorded prior to the sale of any lot.

VIII. CONSULTANT INFORMATION AND AUTHORIZATION
Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a
consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as
addressing requests for additional information).
Consulting Engineer:Jack Ritchie, RLA
Consulting Firm: Dewberry Engineers Inc.
Mailing Address:2610 Wycliff Road, Suite 410
City:Raleigh State:NC Zip:27607
Phone: (919 ) 425-7602 Fax: (919 ) 881-9923
Email:[e-mail]

IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this
section)
I, (print or type name of person listed in Contact Information, item 2a) , certify that I
own the property identified in this permit application, and thus give permission to (print or type name of person
listed in Contact Information, item 1a) with (print or type name of organization listed in
Contact Information, item 1a) to develop the project as currently proposed. A copy of
the lease agreement or pending property sales contract has been provided with the submittal, which indicates the
party responsible for the operation and maintenance of the stormwater system.

Form SWU-101 Version Oct. 31, 2013 Page 5 of 6

Permit No.
(to be provided by DEMLR)
State of North Carolina
Department of Environment and Natural Resources
Division of Energy, Mineral and Land Resources
STORMWATER MANAGEMENT PERMIT APPLICATION FORM

LOW DENSITY SUPPLEMENT
This form may be photocopied for use as an original
A low density project is one that meets the appropriate criteria for built upon area and transports stormwater
runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater
collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can be
found in Session Law 2008-211, 15A NCAC 2H .1000, Session Law 2006-246 and the State of North Carolina
Stormwater Best Management Practice Manual. Curb and gutter systems are allowed provided they meet the
requirements in 15A NCAC 2H .1008(g).
I.PROJECT INFORMATION
Project Name : Louisburg 115kV Capacitor Bank
Contact Person: Reuben Jones Phone Number: ( 919 )210-2532
Number of Lots:N/A Allowable Built Upon Area (BUA) Per Lot*:
Number of Dwelling Units Per Acre**:
Low Density Development (check one): without curb & gutter with curb & gutter, outlets to (check one):

Swales Vegetated Area

*If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area for each lot.
The attachment must include the project name, phase, page numbers and provide area subtotals and totals. BUA shall be
shown in units of square feet.
**(Phase II Post-Construction \[non-SA\] only)
II. BUILT UPON AREA
Refer to DEMLR for specific language that must be recorded in the deed
restrictions for all subdivided projects. (http://portal.ncdenr.org/web/lr/state-stormwater-forms_docs)
Complete the following calculation in the space provided below where:
Site Area - the total project area above Mean High Water.

Density Factor - the appropriate percent built upon area divided by 100.

Road Area - the total impervious surface occupied by roadways.

Other Area - the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc.

No. of Lots - the total number of lots in the subdivision.

BUA per Lot - the computed allowable built upon area for each lot including driveways and impervious
surfaces located between the front lot line and the edge of pavement.

Total allowable lot BUA - the computed allowable built upon area for all lots combined.

Total BUA from lot listing - the sum of built upon area allocated for each lot on the list of non-uniform lots.
Form SW401-Low Density-Rev.3-2/10/09 Page 1 of 4

Calculation:
For uniform lot sizes:
2222
(SA: ft x DF: ) (RA: ft) (OA: ft) = BUA per Lot = ft
(No of Lots: )
For non-uniform lot sizes:
2222
a. (SA: ft x DF: ) (RA: ft) (OA: ft) = Total allowable lot BUA = ft
b. Total BUA from lot listing: !!!!!sf. b must be a
III.DESIGN INFORMATION
Complete the following table. If additional space is needed the information should be provided in the same
format as Table 1 and attached to this form. Rainfall intensity data can be found in Appendix 8.03 of the State
of North Carolina Erosion and Sediment Control Planning and Design Manual or at
http://hdsc.nws.noaa.gov/hdsc/pfds/
Table 1. Swale design information based on the 10-year storm.
Swale No. Drainage Impervious Grassed C Q Slope V V Flow
allowactual
Area (ac) Area (ac) Area (ac) (cfs) (%) (fps) (fps) Depth (ft)
1 no swales
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Form SW401-Low Density-Rev.3-2/10/09 Page 2 of 4

IV. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the North Carolina Administrative Code Section 15A
NCAC 2H .1000, NCDENR BMP Manual (2007), Session Law 2006-246, and Session Law 2008-211.
Please indicate the page or plan sheet numbers where the supporting documentation can be found. An
incomplete submittal package will result in a request for additional information. This will delay final
review and approval of the project. Initial in the space provided to indicate that the following requirements
have been met and supporting documentation is provided as necessary. If the applicant has designated an agent
on the Stormwater Management Permit Application Form, the agent may initial below. If any item is not met,
then justification must be attached. Only complete items n through p for projects with curb outlets.
Page/Plan
Initials Sheet No.

n/a a. For projects in the 20 coastal counties: Per NCAC 2H.1005, a 50 foot wide vegetative buffer is
buffer adjacent surface waters is provided.

n/a b. For HQW or ORW projects outside the 20 coastal counties: A 30 foot wide vegetative buffer is
provided adjacent to surface waters.

yes c. For Phase II Post-Construction projects: All built upon area is located at least 30 feet landward of
all perennial and intermittent surface waters.
n/a d. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive
covenant. A copy of the recorded document shall be provided to DWQ within 30 days of
platting and prior to the sale of any lots.
yes e. Built upon area calculations are provided for the overall project and all lots.
yes f. Project conforms to low density requirements within the ORW AEC. (if applicable per
15A NCAC 2H .1007)
n.a g. Side slopes of swales are no steeper than 3:1; or no steeper than 5:1 for curb outlet swales.
n/a h. Longitudinal slope of swales is no greater than 5%; for non-curb outlet projects, calculations for
shear stress and velocity are provided if slope is greater than 5%.
n/a i. At a minimum, swales are designed to carry the 10 year storm velocity at a non-erosive rate.
n/a j. Swales discharging to wetlands are designed to flow into and through the wetlands at a non-
erosive velocity (for this flow requirement into wetlands, non-erosive is velocity 2 ft/s).
n/a k. Swale detail and permanent vegetation is specified on the plans.
n/a l. Swale detail provided on plans; includes grass type(s) for permanent vegetative cover.
n/a m. Swales are located in recorded drainage easements.
n/a n. Length of swale or vegetated area is at least 100 feet for each curb outlet.
yes o. The system takes into account the run-off at ultimate built-out potential from all surfaces
draining to the system (delineate drainage area for each swale).
n/a p. Curb outlets direct flow to a swale or vegetated area.
Projects in the Neuse, Tar-Pamlico, Catawba River basins, and Randleman Lake may require additional buffers.
Only complete these items for projects with curb outlets.
Form SW401-Low Density-Rev.3-2/10/09 Page 3 of 4

PART B USGS QUAD AND NRCS SOILS MAPS

Soils
WaB - Wake-Saw-Wedowee complex, 2 to 8
percent slopes, rocky
WbD - Wake-Wateree-Wedowee complex, 8 to
15 percent slopes, rocky
WeB - Wedowee sandy loam, 2 to 6 percent
slopes
WaB
WbD
WeB
WaB
NC Center for Geographic Information & Analysis
Legend
Study Area
I
Louisburg
075150
Capacitor Bank Station
Feet
Franklin County, NC
Figure 4
February 2020
Soils Map Franklin County
NAD83 State Plane NC
This map is for reference only

Legend
Study Area
I
Louisburg
0250500
Capacitor Bank Station
Feet
Franklin County, NC
Figure 3
February 2020
Topographic Map Franklin County
Louisburg Quadrangle North Carolina - Franklin County
NAD83 State Plane NC
7.5-Minute Series 2019
This map is for reference only

PART C DRAINAGE MAP

PART D CALCULATIONS

PART E US ARMY CORPS OF ENGINEERS PRELIMINARY
JURISDICTIONAL DETERMINATION

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
I.ADMINISTRATIVE INFORMATION
Completion Date of Approved Jurisdictional Determination (AJD): 30-SEP-2020
ORM Number: SAW-2020-00881
Associated JDs: N/A
1
Review Area Location:
State/Territory: NC City: County/Parish/Borough: Franklin County
Center Coordinates of Review Area: Latitude 36.102639 Longitude -78.31858
II.FINDINGS
A.Summary: Check all that apply. At least one box from the following list MUST be selected. Complete
the corresponding sections/tables and summarize data sources.
The review area is comprised entirely of dry land (i.e., there are no waters or water features,
including wetlands, of any kind in the entire review area). Rationale: N/A or describe rationale.
within the review area (complete table in section II.B).
area (complete appropriate tables in section II.C).
There are waters or water features excluded from Clean Water Act jurisdiction within the review
area (complete table in section II.D).
2
B.Rivers and Harbors Act of 1899 Section 10 (§ 10)
§10 Name§10 Size§10 CriteriaRationale for § 10 Determination
N/A N/A N/A N/A
C.Clean Water Act Section 404
3
Territorial Seas and Traditional Navigable Waters ((a)(1) waters)
(a)(1) Name (a)(1) Size (a)(1) Criteria Rationale for (a)(1) Determination
N/A N/A N/A N/A
Tributaries ((a)(2) waters):
(a)(2) Name (a)(2) Size (a)(2) Criteria Rationale for (a)(2) Determination
N/A N/A N/A N/A
Lakes and ponds, and impoundments of jurisdictional waters ((a)(3) waters):
(a)(3) Name (a)(3) Size (a)(3) Criteria Rationale for (a)(3) Determination
N/A N/A N/A N/A
Adjacent wetlands ((a)(4) waters):
(a)(4) Name (a)(4) Size (a)(4) Criteria Rationale for (a)(4) Determination
N/A N/A N/A N/A
1
Map(s)/Figure(s) are attached to the AJD provided to the requestor.
2
If the navigable water is not subject to the ebb and flow of the tide or includ Act Section 10 navigable
waters list, do NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to
make a Rivers and Harbors Act Section 10 navigability determination.
3
A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific
segment of river or stream or other type of waterbody, such as a lake, where independent upstream or downstream limits or lake borders are
established. A stand-alone TNW determination should be completed following applicable guidance and should NOT be documented on the AJD form.
4
Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requestor specifically asks a Corps district
to do so. Corps Districts may, in case-by-case instances, choose to identify some or all of these waters within the review area.
5
Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1)
exclusion, four sub-categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub-categories are not
new exclusions, but are simply administrative distinctions and remain (b)(1) exclusions as defined by the NWPR.
Page 1 of 4 Form Version 29 July 2020_updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE

D. Excluded Waters or Features
4
:
5
Exclusion Name Exclusion Size Exclusion Rationale for Exclusion Determination
Ag DP 0.15 acres (b)(1) Non-adjacent wetland The wetland does not:
1. Abut a water identified in 33 CFR 328.3 (a)(1), (2) or
(3);
2. appear to be inundated by flooding from a water
identified in 33 CFR 328.3 (a)(1), (2) or (3) in a typical
year;

The wetland is not:
3. physically separated from a water identified in 33
CFR 328.3 (a)(1), (2) or (3) only by a natural berm,
bank, dune, or similar natural feature;
4. Physically separated from a water identified in 33
CFR 328.3 (a)(1), (2) or (3) only by an artificial dike,
barrier or similar artificial structure that allows for a
direct hydrologic surface connection between the
wetland and the (a)(1), (2), or (3) waters in a typical
year.
SE 296 feet (b)(3) Ephemeral feature, including Based on a review of remote resources, results from
an ephemeral stream, swale, gully, the North Carolina streamflow duration assessment
rill, or pool method (NC Division of Water Quality. 2010.
Methodology for Identification of Intermittent and
Perennial Streams and their Origins, Version 4.11.
North Carolina Department of Environment and Natural
Resources, Division of Water Quality. Raleigh, NC) and
on site observations under normal conditions (based on
APT results), this feature was determined to have
ephemeral flow.
SF 56 feet (b)(3) Ephemeral feature, including Based on a review of remote resources, results from
an ephemeral stream, swale, gully, the North Carolina streamflow duration assessment
rill, or pool method (NC Division of Water Quality. 2010.
Methodology for Identification of Intermittent and
Perennial Streams and their Origins, Version 4.11.
North Carolina Department of Environment and Natural
Resources, Division of Water Quality. Raleigh, NC) and
on site observations under normal conditions (based on
APT results), this feature was determined to have
ephemeral flow.
WD 0.05 acres (b)(1) Non-adjacent wetland The wetland does not:
1. Abut a water identified in 33 CFR 328.3 (a)(1), (2) or
(3);
2. appear to be inundated by flooding from a water
identified in 33 CFR 328.3 (a)(1), (2) or (3) in a typical
year;

The wetland is not:
3. physically separated from a water identified in 33
CFR 328.3 (a)(1), (2) or (3) only by a natural berm,
bank, dune, or similar natural feature;

1
Map(s)/Figure(s) are attached to the AJD provided to the requestor.
2
If the navigable water is not subject to the ebb and flow of the tide or included Act Section 10 navigable
waters list, do NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to
make a Rivers and Harbors Act Section 10 navigability determination.
3
A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific
segment of river or stream or other type of waterbody, such as a lake, where independent upstream or downstream limits or lake borders are
established. A stand-alone TNW determination should be completed following applicable guidance and should NOT be documented on the AJD form.
4
Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requestor specifically asks a Corps district
to do so. Corps Districts may, in case-by-case instances, choose to identify some or all of these waters within the review area.
5
Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1)
exclusion, four sub-categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub-categories are not
new exclusions, but are simply administrative distinctions and remain (b)(1) exclusions as defined by the NWPR.

Page 2 of 4 Form Version 29 July 2020_updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE

4. Physically separated from a water identified in 33
CFR 328.3 (a)(1), (2) or (3) only by an artificial dike,
barrier or similar artificial structure that allows for a
direct hydrologic surface connection between the
wetland and the (a)(1), (2), or (3) waters in a typical
year.

III. SUPPORTING INFORMATION
A. Select/enter all resources that were used to aid in this determination and attach data/maps to this
document and/or references/citations in the administrative record, as appropriate.
_X_ Information submitted by, or on behalf of, the applicant/consultant: AECOM delineation
report/data submitted on May 15, 2020 and updated report/data submitted on September 29,
2020.
This information is sufficient for purposes of this AJD.
Rationale: N/A
___ Data sheets prepared by the Corps:NA
_X_ Photographs: Aerial photographs and site photographs submitted with delineation report
_X_ Corps Site visit(s) conducted on: Date(s). July 21, 2020
___ Previous Jurisdictional Determinations (AJDs or PJDs): ORM Number(s) and date(s).
_X_ Antecedent Precipitation Tool: provide detailed discussion in Section III.B.
_X_ USDA NRCS Soil Survey: Digital Soil Survey map submitted with report (Figure 4).
_X_ USFWS NWI maps: Digital NWI map submitted with report (Figure 5).
_X_ USGS topographic maps: Submitted with report (Figure 3).

Other data sources used to aid in this determination:
Data Source (select) Name and/or date and other relevant information
USGS Sources N/A.
USDA Sources N/A.
NOAA Sources N/A.
USACE Sources N/A.
State/Local/Tribal Sources N/A.
Other Sources NC Division of Water Quality. 2010. Methodology for Identification of Intermittent and Perennial
Streams and their Origins, Version 4.11. North Carolina Department of Environment and Natural
Resources, Division of Water Quality. Raleigh, NC.

B. Typical year assessment(s): ATP calculated for:
1. January 29, 2020 (consultant original site visit date-pre-NWPR);
2. July 21, 2020 (Corps site visit date).

Results:
1. January 29, 2020: Drought Index = Mild Wetness; WebWIMP H20 balance = Wet Season; APT vs.
Normal Range = Wetter than Normal Conditions (18);

1
Map(s)/Figure(s) are attached to the AJD provided to the requestor.
2
If the navigable water is not subject to the ebb and flow of the tide or included Act Section 10 navigable
waters list, do NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to
make a Rivers and Harbors Act Section 10 navigability determination.
3
A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific
segment of river or stream or other type of waterbody, such as a lake, where independent upstream or downstream limits or lake borders are
established. A stand-alone TNW determination should be completed following applicable guidance and should NOT be documented on the AJD form.
4
Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requestor specifically asks a Corps district
to do so. Corps Districts may, in case-by-case instances, choose to identify some or all of these waters within the review area.
5
Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1)
exclusion, four sub-categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub-categories are not
new exclusions, but are simply administrative distinctions and remain (b)(1) exclusions as defined by the NWPR.

Page 3 of 4 Form Version 29 July 2020_updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE

2. July 21, 2020: Drought Index = Moderate Wetness; WebWIMP H20 balance = Dry Season; APT vs.
Normal Range = Normal Conditions (12).

C. Additional comments to support AJD: The review area for this Approved Jurisdictional
Determination is comprised of three (3) separate areas. These areas are shown as black polygons on
the associated/attached map. They encapsulate the following waters: wetlands AG DP and WD and
ephemeral features SE and SF.

The July 21, 2020 Corps site visit confirmed the wetland/upland boundaries (for wetlands AG DP and
WD) indicated by the consultants. Wetland AG DP was completely surrounded by uplands.
Additionally, there was not a channelized feature at the lower end of the feature between it and Stream
SA. Wetland WD was connected to Stream SC by a feature that exhibited only ephemeral flow. A
review of the APT revealed that the site visit was conducted during normal conditions of the dry
season (summer). During the site visit, the NC Division of Water Resources Stream identification Form
for determining Intermittent and Perennial Stream Origins was reviewed for Feature SE. The score
was determined to be 17, which indicates ephemeral flow.

Flooding in a typical year was determined to be improbable based on the following: a) No observed
indicators of flooding during the site visits, which, based on the APT, were conducted during wetter
than normal conditions by the consultants and During normal conditions by the Corps. b) The wetlands
were located upslope of the closest stream reaches. c) The soil mapping unit where the wetlands are
that flooding is not probable. The chance of flooding is nearly 0 percent in any year. Flooding occurs
less than once in 500 years.

1
Map(s)/Figure(s) are attached to the AJD provided to the requestor.
2
If the navigable water is not subject to the ebb and flow of the tide or included Act Section 10 navigable
waters list, do NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to
make a Rivers and Harbors Act Section 10 navigability determination.
3
A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific
segment of river or stream or other type of waterbody, such as a lake, where independent upstream or downstream limits or lake borders are
established. A stand-alone TNW determination should be completed following applicable guidance and should NOT be documented on the AJD form.
4
Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requestor specifically asks a Corps district
to do so. Corps Districts may, in case-by-case instances, choose to identify some or all of these waters within the review area.
5
Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1)
exclusion, four sub-categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub-categories are not
new exclusions, but are simply administrative distinctions and remain (b)(1) exclusions as defined by the NWPR.

Page 4 of 4 Form Version 29 July 2020_updated

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-00881 County: Franklin County U.S.G.S. Quad: Louisburg
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Agent/Applicant: AECOM
Jenn D'Augustine
Address: 1600 Perimeter Park Drive, Suite 400
Morrisville, North Carolina 27560
Telephone Number: 919-461-1494
Size (acres) 19 (approximately) Nearest Town Louisburg
Nearest Waterway Tar River River Basin Pamlico
USGS HUC 03020101 Coordinates Latitude: 36.102639
Longitude: -78.318579
Location description: The 19-acre (approximate) site is located approximately 0.25 mile northwest of the W. River
Road, T. Kemp Road intersection west of Louisburg, in Franklin County, North Carolina. The Franklin County Parcel
ID number is 2806-01-5490.
Both Approved and Preliminary jurisdictional determinations (JDs) were conducted at this site. The specific waters
that were reviewed under the Approved JD (AJD) are identified as follows: Wetlands Ag DP and WD; Ephemeral
features SE and SF. These features are bounded by a three (3) black polygons (labelled as Approved JD Areas).
The specific waters that were reviewed under the Preliminary JD (PJD) are as follows: Stream reaches SA and
SC and Wetlands WB, WC, and WE. These 2 stream reaches and 3 wetlands are also shown on the attached map and
include all potential waters not reviewed under the AJD. The project area for these waters are bounded by a solid red
polygon (labelled as Study Area), excluding the areas bounded by the 3 black polygons, described above (See attached
map).
Indicate Which of the Following Apply:
A.Preliminary Determination
X 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). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently
accurate and reliable. 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 are wetlands on the above described 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). 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 of the U.S. on your 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.
B.Approved Determination
Page 1 of 2

SAW-2020-00881
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (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 of the U.S., including wetlands, on 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.
We recommend you have the waters of the U.S. on your 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 of the U.S., including wetlands, on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on ______________. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are no waters of the U.S., to include wetlands, present on the above described project area s 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
(CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to
determine their requirements.
Placement of dredged or fill material within waters of the US, 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 Andrew Williams at
[phone] or [e-mail].
Basis For Determination: See the attached Approved and Preliminary JD forms.
Remarks: USACE conducted site visit on July 21, 2020. Waters identified in the AJD
areexcluded waters and are not subject to Section 404 of the Clean Water Act.
Attention USDA Program Participants
The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries
and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this
request. This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the
Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in
USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center,
prior to starting work.
F.Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above)
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:

SAW-2020-00881
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
[e-mail]

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: November 30, 2020.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Ebuf;!3131/1:/41!

27;68;69!.15(11(
Corps Regulatory Official: ______________________________________________________

Date: September 30, 2020
Expiration Date: September 30, 2025 (Approved JD only)

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
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0.

WE .07 Ac
SF 56 Lf
SE 296 Lf
WD .05 Ac
SC 342 Lf
SA 317 Lf
WC .51 Ac
WB .37 Ac
Ag DP .15 Ac
NC Center for Geographic Information & Analysis
Legend
Study Area
Wetlands
I
Agricultural Depression
Louisburg
087.5175
Streams
Capacitor Bank Station
Feet
Franklin County, NC
Intermittent
Figure 7
Ephemeral
July 2020
Franklin County
WOUS Map
NAD83 State Plane NC
This map is for reference only

SAW-2020-00881

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL

Applicant: Jenn D'Augustine, AECOM File Number: SAW-2020-00881 Date: September 30,
2020

Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.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.

SAW-2020-00881
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 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:
US Army Corps of Engineers
District Engineer, Wilmington Regulatory Division,
South Atlantic Division
Attn: Andrew Williams
Attn: Mr. Philip A. Shannin
3331 Heritiage Trade Drive, Suite 105
Administrative Appeal Review Officer
Wake Forest, North Carolina 27587
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
[e-mail]

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 investigations.
Date: Telephone number:
________________________________________
Signature of appellant or agent.

For appeals on Initial Proffered Permits send this form to:

District Engineer, Wilmington Regulatory Division, Attn: Andrew Williams, 3331 Heritiage Trade Drive, Suite 105
Wake Forest, North Carolina 27587

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. Philip Shannin,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone], [e-mail]

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
REPORT COMPLETION DATE FOR PJD:
Jenn D'Augustine, 1600 Perimeter Park Drive, STE 400, Morrisville, NC 27560
NAME AND ADDRESS OF PERSON REQUESTING PJD:
DISTRICT OFFICE, FILE NAME, AND NUMBER:
D.PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State:
County/parish/borough: City:
NCFranklinLouisburg
Center coordinates of site (lat/long in degree decimal format):
Lat.: Long.: -78.317807
36.101653
Universal Transverse Mercator:
Name of nearest waterbody:
Coole Creek
E.REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH Ð MAY BE Ñ SUBJECT TO REGULATORY
JURISDICTION.
Site Latitude Longitude Estimated amount Type of aquatic Geographic authority
number (decimal (decimal of aquatic resource resource (i.e., wetland to which the aquatic
degrees) degrees) in review area vs. non-wetland
resource may be
(acreage and linear waters)
subject (i.e., Section
feet, if applicable)
404 or Section 10/404)
SeeAttachedTable

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
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
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 Ðmay beÑ waters of the U.S. and/or that there Ðmay beÑ 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: ________________.
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: ________.
.
U.S. Geological Survey Hydrologic Atlas: ________.
USGS NHD data.
USGS 8 and 12 digit HUC maps.
Louisburg Quadrangle North Carolina Franklin County 7.5 Minute Series 2019
U.S. Geological Survey map(s). Cite scale & quad name: _________.
NRCS Web Soil Survey
Natural Resources Conservation Service Soil Survey. Citation: __________.
National Wetland Inventory
National wetlands inventory map(s). Cite name: ________.
State/local wetland inventory map(s): ____________.
Map 3720280500K 04/16/2013 Panel 2805
FEMA/FIRM maps: ________________.
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.
Ebuf;!3131/1:/41!

22;36;63!.15(11(
Signature and date of Signature and date of
Regulatory staff member person requesting PJD
completing PJD (REQUIRED, unless obtaining
1
the signature is impracticable)
1
Districts may establish timeframes for requestor to return signed PJD forms. If the requestor 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.

LouisburgCapacitor Bank Station
Franklin County, North Carolina
September 30, 2020
Updated Preliminary Jurisdictional Determination Aquatic Resources Table
SiteLatitudeLongitudeEstimated amountType of aquaticGeographic
Number(decimal(decimalof aquatic resourceresource (i.e.,authority to
degrees)degrees)in review areawetland vs. non-which the
(acreage and linearwetland waters)aquatic
feet, if applicable)
Streams
SA36.1034-78.3186317lfNon-WetlandWatersSection 404
SC36.1038-78.3180342lfNon-Wetland WatersSection 404
Wetlands
WB36.1033-78.31860.37AcWetlandSection 404
WC36.1034-78.31800.51AcWetlandSection 404
WE36.1045-78.31740.07AcWetlandSection 404

ENVIRONMENTAL SURVEY REPORT
Louisburg Capacitor Bank Station Project
Franklin County, North Carolina
Duke Energy Progress No.:160118D04
Duke Energy Progress
Siting, Permitting, & Engagement
410 S. Wilmington St.
Raleigh, NC 27601
November 2020

ENVIRONMENTAL SURVEY REPORT
Louisburg Capacitor Bank Station Project
Franklin County, North Carolina
Duke Energy Progress No.:160118D04
Prepared by:
AECOM Technical Services, Inc.
1600 Perimeter Park Drive, STE 400
Morrisville, NC 27560
Prepared for:
Duke Energy Progress
Siting, Permitting, & Engagement
410 S. Wilmington St.
Raleigh, NC 27601
November 2020

Environmental Survey ReportLouisburg Capacitor Bank Station Project
TABLE OF CONTENTS
1.0INTRODUCTION ..............................................................................................................1
2.0METHODOLOGY.............................................................................................................1
3.0PHYSICAL RESOURCES ................................................................................................2
4.0BIOTIC RESOURCES ......................................................................................................4
4.1.1Maintained/Disturbed.............................................................................................4
4.1.2Forested .................................................................................................................4
5.0CULTURAL RESOURCES ..............................................................................................5
6.0REGULATORY ISSUES ...................................................................................................7
6.1.1Identified Jurisdictional WOUS Features ...............................................................7
6.1.1.1Streams ..................................................................................................................7
6.1.1.2Wetlands ................................................................................................................7
6.1.2N.C. River Basin Buffer Rules ...............................................................................8
6.1.3Additional Stream Buffer Rules .............................................................................8
7.0CONCLUSION AND RECOMMENDATIONS ............................................................. 13
8.0REFERENCES................................................................................................................. 15
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Environmental Survey ReportLouisburg Capacitor Bank Station Project
Appendix A. Figures
Figure 1. Vicinity Map
Figure 2. Orthoimagery Map
Figure 3. USGS 7.5’ Topo Quad Map
Figure 4. Soils Map
Figure 5. NWI Map
Figure 6. FEMA Map
Figure 7. WOUS Map
Appendix B. Threatened and Endangered Species Lists
Appendix C. Representative Photographs
Appendix D. Wetland Data Determination Forms
Appendix E. NCDWQ Stream Assessment Method Forms
Appendix F. USACE PJD and AJD
LIST OF TABLES
Table 1. Soils in the Study Area ..................................................................................................2
Table 2. Water Resources in the Study Area ................................................................................3
Table 3. Coverage of Terrestrial Communities in the Study Area ................................................4
Table 4. Historic Resources within One-mile of the Study Area ..................................................6
Table 5. Jurisdictional Characteristics of Wetlands within the Study Area ...................................8
Table 6. Federally Protected Species Listed for Franklin County .................................................9
Table 7. State-listed Species within One-mile of the Study Area ............................................... 13
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Environmental Survey ReportLouisburg Capacitor Bank Station Project
1.0INTRODUCTION
Duke Energy Progress is proposing to build a 115kV capacitor bank in Franklin County, North
Carolina (Appendix A, Figure 1). The study area is located within Franklin County Property
Number 024063, which is situated along the north side of W River Road and northeast of T Kemp
Road. The study area contains agricultural land, wooded land, and an overhead powerline
easement (Appendix A, Figure 2). The study area is bound to the north by wooded land, to the east
by agricultural and wooded land, to the south by agricultural land, W River Road, and commercial
development, and to the west by wooded land and single family residences. The study area is
approximately 19 acres.
AECOM Technical Services, Inc. (AECOM) was retained by Duke Energy Progress to provide
the following services:
•A jurisdictional delineation of Waters of the United States (WOUS), including wetlands;
•Collection of data using sub-meter accuracy Global Positioning System (GPS) units;
•A habitat evaluation of federal and state-listed protected species;
•A determination of the applicability of riparian buffer rules;
•A preliminary archeological and historical resources site search; and
•A report documenting the natural and cultural resources within the project site.
The following Environmental Survey Report has been prepared to assist Duke Energy Progress in
their preliminary planning, so that construction activities may attempt to avoid or minimize
impacts to environmental and cultural resources identified within the study area.
2.0METHODOLOGY
AECOM performed background research prior to commencing fieldwork and additional research
was conducted following completion of fieldwork. Research included publicly available
information on soils, water resources, geology, mapped wetlands, cultural resources, and rare
species. Sources included, but were not limited to, US Fish and Wildlife Service (USFWS)
National Wetland Inventory (NWI) maps (USFWS, 2020), US Department of Agriculture (USDA)
Natural Resources Conservation Service (NRCS) Soil Survey for Franklin County, North Carolina
(USDA, 2020), US Geological Survey (USGS) 7.5-minute topographic quadrangle for Louisburg,
North Carolina (USGS, 1987), the State’s Geographic Information System (GIS) hydrological data
(NCDWR, 2020), the Federal Emergency Management Agency (FEMA) floodplain mapping
(FEMA, 2020), the North Carolina State Historic Preservation Office (NCSHPO) database
(NCSHPO, 2020), the USFWS Endangered and Threatened Species county list for Franklin
County, North Carolina (USFWS, 2020), the USFWS IPaC resource list (USFWS, 2020) and the
NC Natural Heritage Program (NCNHP) database (NCNHP, 2020).
During January and February 2020, AECOM biologists surveyed the study area for jurisdictional
WOUS, including wetlands. AECOM identified habitat types, vegetated wetlands, waterbodies,
and other regulated special aquatic sites encountered. Wetlands were identified using the US Army
Corps of Engineers (USACE) Regional Supplement to the Corps of Engineers Wetland
Delineation Manual: Eastern Mountains and Piedmont Region (Environmental Laboratory, 2010).
The boundaries of all jurisdictional waters within the study area, if any, were demarcated using
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Environmental Survey ReportLouisburg Capacitor Bank Station Project
high visibility flagging: glo-pink flagging labeled “Wetland Boundary” for wetlands, and blue and
white striped flagging for streams. AECOM documented, using the most current USACE wetland
determination data form, two sample plots for each vegetated representative wetland type: one in
the wetland and one in the adjacent upland. AECOM classified the resource according to the
USFWS Classification of Wetlands and Deepwater Habitats of the United States (Cowardin, et al.,
1979).
AECOM mapped the location of each field-delineated boundary flag using Global Positioning
System (GPS) units with sub-meter accuracy (Models: Trimble 6000XH and Trimble 7X). Field
data was used in GIS analysis to produce tables and maps required for a USACE Jurisdictional
Determination.
The study area was categorized as maintained/disturbed and forested. These community types were
compared to the habitat preferences of any listed federally species. In addition, AECOM
determined the presence or absence of all Element of Occurrences (EOs), if any, documented by
the NCNHP in the study area (Appendix B).
To determine if known archaeological resources may occur within the study area, AECOM
reviewed maps and files maintained by the NCSHPO and the NCSHPO GIS web service. In
addition, on February 4, 2020, an AECOM archaeologist consulted archaeological files housed at
the North Carolina Office of State Archaeology (OSA) in Raleigh, North Carolina.
3.0PHYSICAL RESOURCES
3.1Study Area Setting
The study area is geographically situated within the Northern Outer Piedmont ecoregion of North
Carolina (USEPA, 2002). The topography of the study area is characterized as sloping from south
to northeast. Elevations in the study area range from approximately 240 feet above mean sea level
(MSL) in the northeastern portion of the study area to approximately 290 feet above MSL in
southern portion of the site (Appendix A, Figure 3). Land use in the study area consists of an
existing overhead utility easement, wooded land, agricultural land, and an unimproved road.
3.2Soils
The Franklin County Soil Survey identifies three soil mapping units within the study area (Table
1). All of the soil map units are characterized as non-hydric. Drainage classes within the study area
are characterized as well drained. These soils are shown on Figure 4, Appendix A.
Table 1. Soils in the Study Area
MappingHydric
Soil SeriesDrainage Class
UnitStatus
Wake-Saw-Wedowee complex, 2 to 8
WaBWell drainedNon-hydric
percent slopes, rocky
Wake-Wateree-Wedowee complex, 8 to 15
WbDWell drainedNon-hydric
percent slopes, rocky
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Environmental Survey ReportLouisburg Capacitor Bank Station Project
MappingHydric
Soil SeriesDrainage Class
UnitStatus
Wedowee sandy loam, 2 to 6 percent slopesWeBWell drainedNon-hydric
3.3Water Resources
The study area is located within the Tar-Pamlico River basin (USGS Hydrologic Unit 03020101).
Four streams were identified within the study area (Table 2). All surface waters in North Carolina
are assigned a primary surface water classification by the North Carolina Division of Water
Resources (NCDWR). The unnamed tributaries (UTs) to named streams share the same
designation as the body of water to which they flow. These features are further discussed in Section
6.1.1.1.
Table 2. Water Resources in the Study Area
Stream
Primary
NCDWRStream
Length
Surface
MapFlow
IndexWidth
Stream Name
Evaluated*
Water
IDRegime
Number(feet)
(linear
Classification
feet)
UT- Coole Creek SA28-24 IntermittentWS-IV, NSW3172
UT- Coole Creek SC28-24 IntermittentWS-IV, NSW3422
UT- Coole Creek SE28-24 Ephemeral WS-IV, NSW2962
UT- Coole Creek SF28-24 Ephemeral WS-IV, NSW562
Primary Surface Water Classification:
WS-IV – Primary classification intended for waters used as sources of water supply for drinking, culinary, or food
processing purposes where a WS-I, II, or III classification is not feasible. These waters are also protected for Class C
uses. WS-IV waters are generally in moderately to highly developed watersheds or Protected Areas.
Supplemental Surface Water Classification:
Nutrient Sensitive Waters (NSW) - Supplemental classification intended for waters needing additional nutrient
management due to being subject to excessive growth of microscopic or macroscopic vegetation.
*Stream length evaluated includes the length of stream that falls within the study area, as well as portions immediately
adjacent to the study area, as surveyed by AECOM.
There are no designated anadromous fish waters or primary nursery areas present in the study area.
There are no trout streams as designated by the North Carolina Wildlife Resources Commission
(NCWRC) or high quality waters as designated by NCDWR in the study area or within a one-mile
radius of the study area. There are no streams included in the North Carolina final 2018 Category
5 Water Quality Assessments – 303(d) List within the study area or within a one-mile radius of
the study area.
3.4Floodplains
Floodplains within the vicinity of the study area are mapped by FEMA on the Flood Insurance
Rate Maps (Map No. 3720280500K, Panel No. 2805 – Effective Date April 16, 2013) (FEMA,
2019). There are no flood zones present within the study area (Figure 6, Appendix A).
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Environmental Survey ReportLouisburg Capacitor Bank Station Project
4.0BIOTIC RESOURCES
4.1Terrestrial Communities
Two terrestrial communities were identified within the study area: maintained/disturbed and
forested. A brief description of each community type follows.
4.1.1Maintained/Disturbed
This community covers the approximately 11.9 acres that incorporates the maintained agricultural
land and the existing utility easement. Agricultural land represents approximately 10.5 acres of the
maintained/disturbed community. Common plant species include common mouse-ear chickweed
(Cerastium fontanum), purple dead-nettle (Lamium purpureum), and hairy bittercress (Cardamine
hirsuta). An small agricultural depression (AgDP) was located within this community which was
characterized by hydric soil and secondary wetland hydrology indicators including saturation
visible from aerial imagery and geomorphic position.
The utility easement represents approximately 1.4 acres of the maintained/disturbed community.
Common plant species include dog fennel (Eupatorium capillifolium), switch cane (Arundinaria
tecta), Japanese stilt grass (Microstegium vimineum), lamp rush (Juncus effusus), roundleaf
greenbrier (Smilax rotundifolia), and saw-tooth blackberry (Rubus argutus). Three wetlands (WB,
WC, and WD) were located either entirely or partially within this community and were given the
Cowardin classification of palustrine scrub-shrub (PSS) wetland.
4.1.2Forested
The forested areas on site can be broken into two categories: alluvial forest and mixed hardwood
forest. The alluvial forest community type is located on floodplains in which separate fluvial
landforms and associated vegetation zones are too small to distinguish. The adjacent upland
community can be characterized as a mixed hardwood forest. The forested community within the
study area covers approximately 7.1 acres of the study area. Common plant species include
sweetgum (Liquidambar styraciflua), red maple (Acer rubrum), tulip poplar (Liriodendron
tulipifera), white oak (Quercus alba), Eastern red-cedar (Juniperus virginiana), American holly
(Ilex opaca), Japanese honeysuckle (Lonicera japonica), switch cane, Japanese stilt grass, and
roundleaf greenbrier. Three wetlands (WB, WC, and WE) were located either entirely or partially
within this community and the Cowardin classification was field determined for these features as
palustrine forested (PFO) wetlands.
Table 3. Coverage of Terrestrial Communities in the Study Area
Percent of
CommunityCoverage (ac.)
study area
Maintained/ Disturbed11.963
Forested7.137
Total19.0100%
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Environmental Survey ReportLouisburg Capacitor Bank Station Project
5.0CULTURAL RESOURCES
A check of site files housed at the OSA and on the online GIS system maintained by the NCSHPO
was conducted on February 4 and 5, 2020.
5.1Archaeological Resources
AECOM archaeologist Peter Sittig consulted maps and files maintained by the North Carolina
Office of State Archaeology (OSA) on February 4, 2020 and data maintained by the North Carolina
State Historic Preservation Office (SHPO) on February 5, 2020. These tasks were performed to
gain information about previously recorded archaeological sites (OSA) and historic resources
(SHPO) within one-mile of the Duke Louisburg Capacitor Bank Station project in Franklin
County, North Carolina.
No archaeological sites are recorded within the study area. Four sites are recorded within one-mile
of the study area. Two of these sites were recorded in 1976 as the second and third sites to ever be
recorded in the county (31FK2 and 31FK3). Site 31FK2 is recorded as having Late Woodland
components on a floodplain setting but has not been formally assessed for inclusion in the National
Register of Historic Places (NRHP). Similarly, Site 31FK3 is recorded as having Lake Archaic
affiliation with potential ethnobotanical and faunal material but has not been formally assessed for
inclusion in the NRHP. Site 31FK109 was recorded by Legacy Research Associates, Inc. during a
2003 survey for a proposed gravity sewer system for the Town of Louisburg (Joy and Carruth
2003). This site is a 19th- to 20th- century domestic historic site with heavily disturbed above
ground structural remains and limited integrity to sub-surface deposits. 31FK109 was
recommended as not eligible for inclusion in the NRHP, and the SHPO subsequently concurred
with this recommendation. The fourth site, 31FK181, is part of a currently on-going project where
no site form information is available as of the date that background research was completed at the
OSA.
Archaeological sensitivity for the project site is considered low. The presence of four recorded
archaeological sites within one-mile of the study area suggests a low potential for unrecorded
archaeological sites within the immediate area. Soils data indicates the project is situated on Wake-
Saw-Wedowee complex (WaB, WeB) soils with 8 to 15 percent rocky slopes. Such a setting and
soils are not conducive to human habitation nor the burial and preservation of archaeological
remains. Further, a portion of the study area has been previously disturbed due to the presence of
a two-track farm lane and existing powerline corridor. Furthermore, topographic maps (USGS
1978) indicate the open field is labeled as “Fairgrounds”, which would also have contributed to
ground disturbing activities. Therefore, the low density of sites within one-mile, likely historic
disturbances, and topographic slope suggests the study area has very limited potential to contain
significant archaeological resources.
5.2Historic Architectural Resources
No historic resources are located within the study area. A total of two National Register listed
resources are within one-mile of the study area (FK0282/FK0905 and FK0554). The Louisburg
Local Historic District (FK0282/FK0905) was listed on the NRHP in 1987 and is described as a
thth
19 to early-20 century courthouse town. A total of 212 contributing elements comprise the
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Environmental Survey ReportLouisburg Capacitor Bank Station Project
district. The district boundaries were increased in 2018 to include three non-contiguous areas
adjacent to portions of the original district boundary. The Franklin County Training School
(Riverside Union School) (FK0554) was listed on the NRHP in 2012 as a “1951-1968 African
American school complex.” Eight other resources are within one-mile of the project, but these are
either on the Study List (i.e., potentially eligible for the NRHP but in need of further study to make
an informed determination), or have only been surveyed and have not been assessed for NRHP
status (Table 4. Historic Resources within One-mile of the Study Area ).
Overall, the Louisburg Capacitor Bank Station project has low potential for adverse effects to
significant historic resources. Nine of the ten resources in the vicinity of the study area are between
0.8 and one-mile away, creating a large buffer of vegetation and trees between the study area and
the historic resources. Therefore, the potential for viewshed effects on historic properties is low
negligible.
Table 4. Historic Resources within One-mile of the Study Area
Resource #Resource NameNR StatusComments
FK0029HouseSurveyedGone between 1998-2007
Only
FK0282/FK0905Louisburg HistoricNR ListedHistoric District
District
FK0442Will Ruffin HouseStudy List Two-story, two-room side gable
Georgian frame house
FK0494HouseSurveyedHip Roof Victorian house,
Onlydemolished in 1985
FK0498StablesSurveyed
Only
FK0554Franklin Co.NR ListedAfrican American school
Training Schoolcomplex (1951-1968)
FK1180CommercialSurveyed1940 barrel roof misc. modernist
BuildingOnlyconcrete block bldg
FK1181HouseSurveyed1900 cross gable Queen Anne
Onlyframe house
FK1201Oak Grove LodgeSurveyed1920 two-story front gable
393Onlyconcrete block bldg
FK1203Depot HillSurveyed1910 complex of flat roof
Onlycommercial brick bldgs
*NR Listed Resources in Bold
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Environmental Survey ReportLouisburg Capacitor Bank Station Project
6.0REGULATORY ISSUES
6.1Clean Water Act Waters of the U.S
Jurisdictional waters of the United States, including wetlands, are protected under Section 404 of
the Clean Water Act (CWA). The USACE and US Environmental Protection Agency (USEPA)
jointly define wetlands as “those areas that are inundated or saturated by surface or groundwater
at a frequency and duration sufficient to support, and that under normal circumstances do support,
a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas” (Wetlands Definitions. Code of
Federal Regulations, Title 40, Pt. 230.3, Revised 2019.) The USACE’s 1987 Wetlands Delineation
Manual, as amended by the 2012 Eastern Mountains and Piedmont regional supplement, requires
evidence of hydric soils, positive hydrological indicators, and a prevalence of hydrophytic
vegetation for determination that an area is a wetland. Section 404 jurisdictional waters other than
wetlands include streams, rivers, and lakes. Presence of an ordinary high water mark (OHWM)
and a continuous bed and bank are used to identify streams and tributaries.
Both federal and state programs regulate activities conducted in wetlands in order to minimize the
continued reduction and degradation of these resources and strive to achieve a “no net loss” policy.
The federal program is based on Section 404 of the CWA and the USACE’s implementing
regulations (33 CFR Parts 320-330). The NCDWR is tasked with administering Section 401 of the
CWA.
6.1.1Identified Jurisdictional WOUS Features
On July 21, 2020 the USACE conducted a field visit to determine their jurisdiction of the
delineated streams and wetlands. Based on this review, the USACE issued a Preliminary
Jurisdictional Determination (PJD) for streams SA and SC, and wetlands WB, WC, and WE, and
an Approved Jurisdictional Determination (AJD) for streams SE and SF, wetland WD, and
agricultural depression AgDP, which were determined to be excluded waters (Appendix F).
6.1.1.1Streams
Four streams were identified within the study area (Table 2). Streams SA and SC were determined
to be jurisdictional intermittent streams, and streams SE and SF were determined to be non-
jurisdictional ephemeral streams. The locations of these streams are shown on Figure 7 (Appendix
A). Representative photographs are located in Appendix C.
6.1.1.2Wetlands
Four wetlands were identified within the study area (Table 5) (Appendix A, Figure 7). Wetlands
WB, WC, and WE were determined to be jurisdictional, and wetland WD was determined to be a
non-jurisdictional isolated wetland. WB and WC are classified as both PFO and PSS wetlands as
they are located adjacent to forested streams and extend into the existing utility easement which is
characterized by scrub-shrub vegetation. WD is characterized as PSS as it is located solely within
the existing utility easement. WE is PFO as it is located within the mixed hardwood forest portion
of the study area. Representative photographs are located in Appendix C and USACE wetland
delineation forms are included in Appendix D.
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Environmental Survey ReportLouisburg Capacitor Bank Station Project
Table 5. Jurisdictional Characteristics of Wetlands within the Study Area
CowardinHydrologic
Map IDArea (ac.)
ClassificationClassification
WBPFO/PSSRiparian0.37
WCPFO/PSSRiparian0.51
WDPSSRiparian0.05
WEPFORiparian0.07
Total1.00
6.1.2N.C. River Basin Buffer Rules
Under the provisions of the CWA, the North Carolina Environmental Management Commission
(EMC) has adopted rules pertaining to maintaining vegetated buffers around riparian areas as part
of the Nutrient Sensitive Water Management Strategies for select watersheds of North Carolina.
The buffer rule establishes a protected 50-foot wide riparian buffer directly adjacent to intermittent
streams, perennial streams, lakes, ponds, and estuaries consisting of two zones. Zone 1 consists of
a vegetated area that extends landward a distance of 30 feet on all sides of a surface water. Zone 2
begins at the outer edge of Zone 1 and extends landward 20 feet. Under the buffer rules, Zones 1
and 2 are to remain essentially undisturbed, except for certain exempted and allowed uses. The
buffer rules are administered by the NCDWR.
The study area is located within the Tar-Pamlico River basin (USGS Hydrologic Unit 03020101)
and is subject to the Tar-Pamlico River Basin Riparian Buffer Rule (15A NCAC 02B .0259). Per
Section 3 of the Tar-Pamlico River Basin Riparian Buffer Rule, these buffers only apply to surface
waters shown on either the most recent version of the soil survey map prepared by the NRCS or
the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared
by the USGS. The field-delineated features within the study area are not mapped on the most recent
NRCS soil survey or USGS 7.5 minute quadrangle topographic map and therefore, a 50-foot buffer
would not be applicable to streams SA, SC, SE and SF within the study area.
6.1.3Additional Stream Buffer Rules
No additional stream buffers have been identified for the study area.
6.2Coastal Area Management Act Areas of Environmental Concern
The study area is not located within one of the 20 coastal counties which are subject to the Coastal
Area Management Act.
6.3Rivers and Harbors Act Section 10 Navigable Waters
Section 10 of the Rivers and Harbors Act protects navigable waters of the US. Navigable waters
are defined as “those waters that are subject to the ebb/flow of the tide and/or are presently used,
or have been used in the past, or may be susceptible for use to transport interstate or foreign
commerce.” No surface waters have been designated as Section 10 navigable waters within the
study area.
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Environmental Survey ReportLouisburg Capacitor Bank Station Project
6.4Endangered Species Act Protected Species
Species with the federal listing of Threatened or Endangered are protected under the Endangered
Species Act (ESA) of 1976, as amended (16 U.S.C. 1531 et seq.). As of February 18, 2020, the
USFWS lists four federally-listed threatened and endangered species and no critical habitats under
the Endangered Species Act (ESA) for Franklin County (Table 6) (Appendix B). Additionally,
three species in Franklin County are listed as At Risk.
AECOM also obtained federally listed endangered and threatened species data from the USFWS
IPaC list (Appendix B) which generates a list of species and other resources that are known or
expected to be within or near the study area. The IPaC list includes considerations for species range
and potential indirect impacts. In addition, the NCNHP Data Explorer website was used to generate
a list of known element occurrences within one-mile of the proposed project (Appendix B). For
each species, a discussion of the presence or absence of habitat is included below along with the
Biological Conclusion rendered based on survey results in the study area.
Table 6. Federally Protected Species Listed for Franklin County
FederalHabitatBiological
Scientific NameCommon Name
StatusPresentConclusion
Vertebrate:
Necturus lewisiNeuse River waterdogARS
NoNo Effect
Noturus furiosusCarolina madtomARS
NoNo Effect
Invertebrate:
Alasmidonta heterodonDwarf wedgemusselE
NoNo Effect
Elliptio lanceolateYellow LanceTNoNo Effect
Fusconaia masoniAtlantic PigtoeARSNoNo Effect
Parvaspina steinstansanaTar River spinymusselE
NoNo Effect
Vascular Plant:
Rhus michauxiiMichaux’s SumacE
NoNo Effect
T(S/A) – Threatened due to similarity of appearance.
T – Threatened
E – Endangered
ARS – At Risk Species. Species that are Petitioned, Candidates or Proposed for Listing under the Endangered Species Act. These
species are not afforded protection under Section 7 of the Endangered Species Act. As such, formal Section 7 consultation with
the USFWS is not required for these species. However, the USFWS recommends ARS be considered. AECOM evaluated the
study area for suitable habitat, but did not conduct specific ARS surveys.
Neuse River waterdog – No Habitat Observed
USFWS Recommended Survey Window: December through February
Biological Conclusion: Not Required
The Neuse River waterdog specific habitat characteristics include low to moderate gradient
streams and low current velocity. It is a fully aquatic salamander, never leaving the water.
It lacks lungs, getting oxygen from the water via external gills and needs clean, flowing
water with high dissolved oxygen concentrations. The species dwells in streams wider than
15 meters but has been found in smaller creeks. The species thrives in cold water and is
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Environmental Survey ReportLouisburg Capacitor Bank Station Project
much more active in colder seasons and when water is near-freezing. Researchers have
documented activity decreasing after the water temperature rises above 18ºC. waterdogs
spend about 85% of the time under large granite rocks or in burrows. In early spring they
move into leaf beds over mud banks on the low-energy sides of riffles and where leaves
were intact or only slightly decomposed and many small critters are in the leaf litter. A
pedestrian survey conducted by AECOM biologists in February of 2020 characterized the
streams within the study area as small reaches containing a sandy or silt dominated
substrate with substantial sediment aggregation and is not suitable for the Neuse River
waterdog. A review of NCNHP records, accessed on February 18, 2020, indicate no known
occurrence of Neuse River waterdog within one-mile of the study area.
Carolina madtom – No Habitat Observed
USFWS Recommended Survey Window: year round
Biological Conclusion: Not Required
The Carolina madtom occurs in riffles, runs, and pools in medium to large streams and
rivers. Ideally, it inhabits fresh waters with continuous, year-round flow and moderate
gradient in both the Piedmont and Coastal Plain physiographic regions. Optimal substrate
for the Carolina madtom is predominantly silt-free, stable, gravel and cobble bottom
habitat, and it must have cover for nest sites, including under rocks, bark, relic mussel
shells, and even cans and bottles. A pedestrian survey conducted by AECOM biologists in
February 2020 characterized the streams within the study area as small reaches containing
a sandy or silt dominated substrate with substantial sediment aggregation and is not suitable
for the Carolina madtom. A review of NCNHP records, accessed on February 18, 2020,
indicate no known occurrence of Carolina madtom within one-mile of the study area.
Atlantic Pigtoe – No Habitat Observed
USFWS Recommended Survey Window: year round
Biological Conclusion: Not Required
The preferred habitat of the Atlantic pigtoe is coarse sand and gravel, and rarely in silt and
detritus. Historically, the best populations existed in small creeks to larger rivers with
excellent water quality, where flows were sufficient to maintain clean, silt-free substrates.
A pedestrian survey conducted by AECOM biologists in February 2020 characterized the
streams within the study area as small reaches containing a sandy or silt dominated
substrate with substantial sediment aggregation and is not suitable for the Atlantic Pigtoe
A review of NCNHP records, accessed on February 18, 2020, indicate no known
occurrence of Atlantic Pigtoe within one-mile of the study area.
Dwarf wedgemussel –Potential Suitable Habitat Observed
USFWS Recommended Survey Window: year round
Biological Conclusion: No Effect
The dwarf wedgemussel is a small bivalve, rarely exceeding 45 mm in length. This mussel
is somewhat of a generalist, known to inhabit streams less than five meters wide to large
rivers up to 100 meters wide. It is found in a variety of substrate types and flow conditions.
The dwarf wedgemussel is known to inhabit hydrologically stable areas. They have been
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found in both shallow water and water depths up to 25 feet. Based on the variable habitat
of the dwarf wedgemussel, no suitable habitat was observed on site. The streams were
assessed using the NC DWQ Stream Identification Form, and were determined to be either
intermittent or ephemeral. The assessment methodology included a visual assessment for
aquatic mollusks within the stream reach. No mollusks were documented within any of the
assessed stream reaches on site. A review of NCNHP records, accessed on February 18,
2020, indicate no known occurrence of dwarf wedgemussel within one-mile of the study
area.
Tar River spinymussel – No Habitat Observed
USFWS Recommended Survey Window: year round
Biological Conclusion: No Effect
The Tar River spinymussel is endemic to the Tar and Neuse River drainage basins in North
Carolina. This mussel requires a stream with fast flowing, well-oxygenated, circumneutral
pH water. The bottom should be composed of unconsolidated gravel and coarse sand. The
water needs to be relatively silt-free, and stream banks should be stable, typically with
many roots from adjacent riparian trees and shrubs. A pedestrian survey conducted by
AECOM biologists in February 2020 characterized the streams within the study area as
small reaches containing a sandy or silt dominated substrate with substantial sediment
aggregation and is not suitable for the Tar River spinymussel A review of NCNHP records,
accessed on February 18, 2020, indicate no known occurrence of Tar River spinymussel
within one-mile of the study area.
Yellow lance – No Habitat Observed
USFWS Recommended Survey Window: year round
Biological Conclusion: No Effect
The yellow lance is a sand-loving species often found buried deep in clean, coarse to
medium sand, although it can sometimes be found in gravel substrates. Yellow lances often
are moved with shifting sand and eventually settle in sand at the downstream end of stable
sand and gravel bars. This species depends on clean, moderate flowing water with high
dissolved oxygen. This species is found in medium-sized rivers to smaller streams. A
pedestrian survey conducted by AECOM biologists in February 2020 characterized the
streams within the study area as small reaches containing a sandy or silt dominated
substrate with substantial sediment aggregation and is not suitable for the Yellow lance A
review of NCNHP records, accessed on February 18, 2020, indicate no known occurrence
of yellow lance within one-mile of the study area.
Michaux’s sumac – No Habitat Observed
USFWS optimal survey window: May-October
Biological Conclusion: No Effect
Michaux’s sumac, endemic to the inner Coastal Plain and lower Piedmont, grows in sandy
or rocky, open, upland woods on acidic or circumneutral, well-drained sands or sandy loam
soils with low cation exchange capacities. The species is also found on sandy or submesic
loamy swales and depressions in the fall line Sandhills region as well as in openings along
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the rim of Carolina bays; maintained railroad, roadside, power line, and utility rights-of-
way; areas where forest canopies have been opened up by blowdowns and/or storm
damage; small wildlife food plots; abandoned building sites; under sparse to moderately
dense pine or pine/hardwood canopies; and in and along edges of other artificially
maintained clearings undergoing natural succession. In the central Piedmont, it occurs on
clayey soils derived from mafic rocks. The plant is shade intolerant and, therefore, grows
best where disturbance (e.g., mowing, clearing, grazing, periodic fire) maintains its open
habitat. A pedestrian survey conducted by AECOM biologists in February 2020 observed
the upland areas within the study area as an existing utility easement, a maintained
agricultural field, and mixed hardwood forest. The existing utility easement was
characterized by dense vegetation with little to no open area and the maintained agricultural
field was devoid of any natural succession vegetation. No species were observed at the
edges of these maintained and disturbed areas where they adjoin the forested uplands. The
forested uplands were observed with dense canopy cover with sparse ground cover. The
conditions observed within the study area were not suitable habitat for Michaux’s sumac
A review of NCNHP records, accessed on February 18, 2020, indicate no known
occurrence of Michaux’s sumac within one-mile of the study area.
6.5Bald Eagle and Golden Eagle Protection Act
Habitat for the bald eagle (Haliaeetus leucocephalus) primarily consists of mature forest in
proximity to large bodies of open water for foraging. Large, dominant trees are utilized for nesting
sites, typically within one-mile of open water. A desktop GIS assessment of the study area, as well
as the area within a one-mile of the project limits, was performed on January 25, 2020 using color
aerials from 2019. Seven water bodies large enough or sufficiently open to be considered potential
feeding sources were identified within one-mile of the study area, including Tar River and six
unnamed ponds/surface waters. No eagle nests were observed in the study area. A review of the
NCNHP records on February 18, 2020 indicated no known bald eagle or golden eagle occurrences
within one-mile of the study area.
6.6Endangered Species Act Candidate Species and At Risk Species
No species are listed as Candidate by the USFWS for Franklin County. Three species in Franklin
County are listed as At Risk and potentially occurring near the study area as discussed in Section
6.4.
6.7Essential Fish Habitat
No National Marine Fisheries Service (NMFS) essential fish habitat has been mapped in the study
area.
6.8State-Listed Species
The North Carolina Endangered Species Act and the North Carolina Plant Protection and
Conservation Act protect all state-listed species from either taking or possession.
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A review of the NCNHP database on February 18, 2020, indicated occurrences of the triangle
floater (Alasmidonta undulata), yellow lampmussel (Lampsilis cariosa), green floater (Lasmigona
subviridis), creeper (Strophitus undulatus), yellow lance, Tar River spinymussel, Atlantic pigtoe,
and Carolina madtom within a one-mile radius of the study area. Federal- and state-listed species,
including the yellow lance, Tar River spinymussel, Atlantic pigtoe, and Carolina madtom, are
discussed in Section 6.4.
According to the NCNHP database, the triangle floater was last observed in August 2017 (EO
6795); the yellow lampmussel was last observed in October 2017 (EOD 18099); the green floater
was last observed in June 2014 (EOD 39225); and the creeper was last observed in September
2017 (EOD 20112). According to the NCNHP database query, there are no records for rare species,
important natural communities, natural areas, and/or conservation/managed areas within the study
area. The NCNHP database state-listed threatened or endangered species with documented
occurrences within one-mile of the study area are listed in Table 6.
Table 7. State-listed Species within One-mile of the Study Area
Scientific NameCommon NameState Status
Invertebrate:
Alasmidonta undulataTriangle floaterT
Lampsilis cariosaYellow lampmusselE
Lasmigona subvirdisGreen floaterE
Strophitus undulatusCreeperE
E – Endangered
T – Threatened
6.9Construction Moratoria
No construction moratoria for trout, anadromous fish, or other species are anticipated for the study
area.
7.0CONCLUSION AND RECOMMENDATIONS
Four wetlands and four streams were identified within the study area. The USACE issued a
Preliminary Jurisdictional Determination (PJD) for streams SA and SC, and wetlands WB, WC,
and WE, and an Approved Jurisdictional Determination (AJD) for streams SE and SF, wetland
WD, and agricultural depression AgDP, which were determined to be excluded waters. Prior to
any construction activities that may disturb these potentially jurisdictional features, it is
recommended that that the appropriate CWA Section 404 and 401 permits, if required, be approved
by the USACE and NCDWR. The study area is located within the Tar-Pamlico River basin, which
is subject to riparian buffer rules; however, these buffer rules do not apply to the streams field-
delineated within the study area.
No suitable habitat was not observed for any of the federally protected threatened or endangered
species listed for Franklin County or for the four state-listed species.
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Two National Register listed resources are within one-mile of the study area (FK0282/FK0905
and FK0554). Overall, the proposed project has a low potential to cause adverse effects to
significant cultural resources. Poorly drained soils and past agricultural practices suggest this study
area is unlikely to contain significant archaeological resources. Nine of the ten resources in the
vicinity of the study area are between 0.8 and one-mile away, creating a large buffer of vegetation
and trees between the study area and the historic resources. Therefore, the potential for viewshed
effects on historic properties is low negligible.
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Environmental Survey ReportLouisburg Capacitor Bank Station Project
8.0REFERENCES
Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979.Classification of Wetlands and
Deepwater Habitats of the United States.FWS/OBS -79/31. Fish and Wildlife Service,
U.S. Department of the Interior, Washington, DC.
Environmental Laboratory. 1987.Corps of Engineers Wetlands Delineation Manual. Technical
Report Y-87-1, U. S. Army Engineer Waterways Experiment Station. Vicksburg,
Mississippi.
Environmental Laboratory. 2012. Regional Supplement to the Corps of Engineers Wetland
Delineation Manual: Eastern Mountains and Piedmont Region Version 2.0. Vicksburg,
Mississippi.
Federal Emergency Management Agency (FEMA). 2020. Flood Map Service Center.
https://msc.fema.gov/portal. (Accessed on February 19, 2020).
Joy, D. and Carruth, A.S. 2003. Archaeological Survey for a Proposed Gravity Sewer System in
Louisburg, Franklin County, North Carolina. Legacy Research Associates, Inc. Manuscript
on file, North Carolina Office of State Archaeology, Raleigh.
LeGrand, Harry E. Jr., J.A. Ratcliffe, and J.T. Finnegan. 2014. Natural Heritage Program List of
the Rare Animal Species of North Carolina. NC Natural Heritage Program, Office of Land
and Water Stewardship, N.C. Department of Environment and Natural Resources, Raleigh.
Martof, B.S., W.M. Palmer, J.R. Bailey, and J.R. Harrison, III. 1980.Amphibians and Reptiles of
the Carolinas and Virginia. The University of North Carolina Press, Chapel Hill, North
Carolina.
North Carolina Department of Transportation (NCDOT). 2015. TE Animal Habitat Descriptions.
https://connect.ncdot.gov/resources/Environmental/Compliance%20Guides%20and%20P
rocedures/TE%20Animal%20Habitat%20Descriptions%20Mar_6_2015.pdf. (Accessed
on February 19, 2020).
North Carolina State Historic Preservation Office (NCSHPO). 2020. HPOWeb GIS Service.
Electronic resource available at http://gis.ncdcr.gov/hpoweb/. (Accessed on February 5,
2020).
North Carolina Division of Environmental Management- Water Quality Section. 1996.A Field
Guide to North Carolina Wetlands. North Carolina Department of Environment, Health,
and Natural Resources, Raleigh.
North Carolina Department of Environmental Quality (NCDEQ). Final. 2018Category 5 Water
Quality Assessment -303(d) List. North Carolina Department of Environmental Quality,
Raleigh, NC.
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North Carolina Division of Water Resources (NCDWR). 2020. Surface Water Classification
website. N.C. Department of Environment and Natural Resources. Raleigh.
http://portal.ncdenr.org/web/wq/ps/csu/maps. (Accessed on February 19, 2020).
North Carolina Natural Heritage Program (NCNHP). 2020. Heritage Data Search.
http://www.ncnhp.org/web/nhp/database-search. (Accessed on February 18, 2020).
Radford, A.E., H.E. Ahles, and C.R. Bell. 1968.Manual of the Vascular Flora of the Carolinas.
The University of North Carolina Press, Chapel Hill, NC.
Robinson, L.G. and J.T. Finnegan. 2017. Natural Heritage Program List of the Rare Plant Species
of North Carolina. NC Natural Heritage Program, Office of Land and Water Stewardship,
N.C. Department of Environment and Natural Resources, Raleigh.
Rohde, F.C., R.G. Arndt, D.G. Lindquist, and J.F. Parnell. 1994.Freshwater Fishes of the
Carolinas, Virginia, Maryland, and Delaware. The University of North Carolina Press,
Chapel Hill, NC.
Schafale, M.P. and A.S. Weakley. 2012. Guide to the Natural Communities of North Carolina:
Fourth Approximation. Natural Heritage Program, Division of Parks and Recreation, N.C.
Department of Environment and Natural Resources. Raleigh, NC.
United States Department of Agriculture (USDA), Natural Resources Conservation Service. 1987.
Soil Survey of Franklin County, North Carolina.
USDA. Natural Resources Conservation Service. 2020. Web Soil Survey.
http://websoilsurvey.nrcs.usda.gov/ (Accessed on February 18, 2020).
United States Environmental Protection Agency (USEPA). 2002. Ecoregions by State.
https://www.epa.gov/eco-research/level-iii-and-iv-ecoregions-state (Accessed on
February 19, 2020).
United States Fish and Wildlife Service (USFWS). 2020. Optimal Survey Windows for North
Carolina’s Federally Threatened and Endangered Plant Species.
http://www.fws.gov/raleigh/pdfs/Optimal_Survey_Windows_for_listed_plants.pdf.
(Accessed on February 19, 2020).
USFWS. 2020. U.S. Raleigh Ecological Services Field Office website, County List of Threatened
and Endangered Species. https://www.fws.gov/raleigh/species/cntylist/nc_counties.html
(Accessed on February 19, 2020).
USFWS. 2020. National Wetland Inventory website. U.S. Department of the Interior. Washington,
D.C. http://www.fws.gov/wetlands. (Accessed on February 17, 2020).
USFWS. 2020. At Risk Species website. U.S. Department of the Interior. Washington, D.C.
https://www.fws.gov/southeast/finder/#/species/570547f9e7866bee4e141653 (Accessed
on February 18, 2020).
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USFWS. 2020. Information, Planning and Consultation system (IPaC) website.
https://ecos.fws.gov/ipac/ (Accessed on February 18, 2020).
U.S. Geological Survey (USGS). 1978. Louisburg, NC 7.5’ Quadrangle map. 1:24000. U.S.
Department of the Interior. Washington, D.C.
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Appendix A
Figures

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Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China
(Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User
Community
Legend
Study Area
I
Louisburg
00.250.5
Capacitor Bank Station
Miles
Franklin County, NC
Figure 1
February 2020
Vicinity Map Franklin County
NAD83 State Plane NC
This map is for reference only

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Legend
Study Area
I
Louisburg
0250500
Capacitor Bank Station
Feet
Franklin County, NC
Figure 2
February 2020
Orthoimagery Map Franklin County
Louisburg Quadrangle North Carolina - Franklin County
NAD83 State Plane NC
7.5-Minute Series 2019
This map is for reference only

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Legend
Study Area
I
Louisburg
0250500
Capacitor Bank Station
Feet
Franklin County, NC
Figure 3
February 2020
Topographic Map Franklin County
Louisburg Quadrangle North Carolina - Franklin County
NAD83 State Plane NC
7.5-Minute Series 2019
This map is for reference only

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Soils
WaB - Wake-Saw-Wedowee complex, 2 to 8
percent slopes, rocky
WbD - Wake-Wateree-Wedowee complex, 8 to
15 percent slopes, rocky
WeB - Wedowee sandy loam, 2 to 6 percent
slopes
WaB
WbD
WeB
WaB
NC Center for Geographic Information & Analysis
Legend
Study Area
I
Louisburg
075150
Capacitor Bank Station
Feet
Franklin County, NC
Figure 4
February 2020
Soils Map Franklin County
NAD83 State Plane NC
This map is for reference only

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PFO1A
NWI
PFO1A - Freshwater Forested/Shrub Wetland
NC Center for Geographic Information & Analysis
Legend
Study Area
I
Louisburg
085170
Capacitor Bank Station
Feet
Franklin County, NC
Figure 5
February 2020
NWI Map Franklin County
NAD83 State Plane NC
This map is for reference only

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NC Center for Geographic Information & Analysis
Legend
Study Area
I
Louisburg
085170
Capacitor Bank Station
Feet
Franklin County, NC
Figure 6
February 2020Map number 3720280500K
FEMA Map Franklin County
NAD83 State Plane NC04/16/2013
This map is for reference onlyPanel 2805

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WE .07 Ac
SF 56 Lf
SE 296 Lf
WD .05 Ac
SC 342 Lf
SA 317 Lf
WC .51 Ac
WB .37 Ac
Ag DP .15 Ac
NC Center for Geographic Information & Analysis
Legend
Study Area
Wetlands
I
Agricultural Depression
Louisburg
087.5175
Streams
Capacitor Bank Station
Feet
Franklin County, NC
Intermittent
Figure 7
Ephemeral
July 2020
Franklin County
WOUS Map
NAD83 State Plane NC
This map is for reference only

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Appendix B
Threatened and Endangered Species Lists

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2/12/2020

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1302903131Fwfou!Dpef;!15FO3111.3131.F.126193
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cbut/
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xxx/upxfsljmm/dpn<!boe!iuuq;00xxx/gxt/hpw0njhsbupszcjset0DvssfouCjseJttvft0Ib{bset0upxfst0!
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dpotvmubujpo!xjui!uif!V/T!Gjti!boe!Xjmemjgf!Tfswjdf/!Bumboujd!boe!tipsuoptf!tuvshfpo-!tfb!
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Gjtifsjft!Tfswjdf/!Jg!zpvs!qspkfdu!pddvst!jo!nbsjof-!ftuvbsjof-!ps!dpbtubm!sjwfs!tztufnt!zpv!tipvme!
bmtp!dpoubdu!uif!Obujpobm!Nbsjof!Gjtifsjft!Tfswjdf-!iuuq;00xxx/ongt/opbb/hpw0
Xf!bqqsfdjbuf!zpvs!dpodfso!gps!uisfbufofe!boe!foebohfsfe!tqfdjft/!Uif!Tfswjdf!fodpvsbhft!
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qmboojoh!up!gvsuifs!uif!qvsqptft!pg!uif!Bdu/!Qmfbtf!jodmvef!uif!Dpotvmubujpo!Usbdljoh!Ovncfs!jo!
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2
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KVSJTEJDUJPO/

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Appendix C
Representative Photographs

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Project:
Louisburg Capacitor Bank Station Project
Project Number: 160118D04
PHOTOGRAPH LOG
Applicant:
Duke Energy Progress
Photo ID:
Date:
A
01/29/2020
Description:
Typical view, facing southeast, of the
agricultural upland areas in the
southern extent of the project area
Photo ID:
Date:
B
01/29/2020
Description:
Typical view, facing southwest, of
the upland areas in the maintained
utility easement within the project
area

Project:
Louisburg Capacitor Bank Station Project
Project Number: 160118D04
PHOTOGRAPH LOG
Applicant:
Duke Energy Progress
Photo ID:
Date:
C
01/29/2020
Description:
Typical view, facing south, of the
forested upland areas in the
northern extent of the project area
Photo ID:
Date:
D
01/29/2020
Description:
View, facing downstream, of the
upper reach of SA

Project:
Louisburg Capacitor Bank Station Project
Project Number: 160118D04
PHOTOGRAPH LOG
Applicant:
Duke Energy Progress
Photo ID:
Date:
E
01/29/2020
Description:
View, facing southeast, of the lower
reach of SA
Photo ID:
Date:
F
01/29/2020
Description:
View, facing south, of SB from the
confluence of SB and SA

Project:
Louisburg Capacitor Bank Station Project
Project Number: 160118D04
PHOTOGRAPH LOG
Applicant:
Duke Energy Progress
Photo ID:
Date:
G
01/29/2020
Description:
View, facing north, of SC near the
property boundary
Photo ID:
Date:
H
01/29/2020
Description:
View, facing south, of SD within WC

Project:
Louisburg Capacitor Bank Station Project
Project Number: 160118D04
PHOTOGRAPH LOG
Applicant:
Duke Energy Progress
Photo ID:
Date:
I
02/17/2020
Description:
View, facing southeast, of SE
Photo ID:
Date:
J
02/17/2020
Description:
View, facing north, of SF

Project:
Louisburg Capacitor Bank Station Project
Project Number: 160118D04
PHOTOGRAPH LOG
Applicant:
Duke Energy Progress
Photo ID:
Date:
K
01/29/2020
Description:
View, facing NW, of the agricultural
depression
Photo ID:
Date:
L
01/29/2020
Description:
View, facing southwest, of the
palustrine forested (PFO) wetland
conditions of WB

Project:
Louisburg Capacitor Bank Station Project
Project Number: 160118D04
PHOTOGRAPH LOG
Applicant:
Duke Energy Progress
Photo ID:
Date:
M
01/29/2020
Description:
View, facing northeast, of the
palustrine scrub shrub (PSS) wetland
conditions of WB within the utility
easement
Photo ID:
Date:
N
01/29/2020
Description:
View, facing northeast, of the
palustrine scrub shrub (PSS) wetland
conditions of WC within the utility
easement

Project:
Louisburg Capacitor Bank Station Project
Project Number: 160118D04
PHOTOGRAPH LOG
Applicant:
Duke Energy Progress
Photo ID:
Date:
O
01/29/2020
Description:
View, facing southeast, of the
palustrine forested (PFO) wetland
conditions of WC
Photo ID:
Date:
P
02/17/2020
Description:
View, facing northwest, of the
palustrine scrub shrub (PSS) wetland
conditions of WD within the utility
easement

Project:
Louisburg Capacitor Bank Station Project
Project Number: 160118D04
PHOTOGRAPH LOG
Applicant:
Duke Energy Progress
Photo ID:
Date:
Q
02/17/2020
Description:
View, facing west, of the palustrine
forested (PFO) wetland conditions of
WE
Photo ID:
Date:
R
02/17/2020
Description:
View of typical soil core observed on
site which meets the depleted
matrix hydric soil indicator.

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Appendix D
Wetland Data Determination Forms

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Louisburg Capacitor Bank StationLouisburg/Franklin1/29/2020
Duke Energy ProgressNCAG DP
J. D'Augustine, C. Lamb
DepressionConcave5
36.102044-78.318795WGS84
MLRA 136 of LRR P
WbD - Wake-Wateree-Wedowee complex, 8 to 15 percent slopes, rocky N/A
ǣ
ǣǣ
ǣ
ǣǣ
ǣ
hĬƭĻƩǝĻķ /ƌğƭƭźŅźĭğƷźƚƓƭʹ
Located within a maintained/mowed agricultural field.
N/A
Cowardin:
NCWAM:
Yes
Riparianor Non-RiparianIntensively Managed:
ǣ
ǣ
ǣ
ǣ
ǣ
ǣǣ
18
Data point was taken within a maintained agricultural field. Saturation was observed at the bottom of the soil profile. Significant disturbance
was observed and assumed to be due to agricultural activities.

AG DP
30 ft
0
N/A
2
0.0%
0
00
0
0
30 ft
1020
N/A
10
30
40
160
0
0
60210
3.50
0
00
30 ft
N/A
0
00
30 ft
Lamium amplexicaule, Henbit deadnettle40Yes
Cerastium fontanum, Common Mouse-Ear Chickweed40YesFACU
Juncus effusus, Lamp Rush10NoFACW
Dichanthelium clandestinum, Deer-Tongue Rosette Grass 10NoFAC
100
5020
30 ft
N/A
0
ǣ
00
No tree, sapling, or shrub stratum. Data point taken with maintained/mowed agricultural field. Opportunistic herbaceous vegetation
(chickweed) observed throughout depression.

AG DP
Loam
0-77.5YR 3/298%2.5YR 3/42%CM
Clay loam
7-217.5YR 5/295%2.5YR 3/65%CM
ǣ
ǣ

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Louisburg Capacitor Bank StationLouisburg/Franklin1/29/2020
Duke Energy ProgressNCAG DP- UPL
J. D'Augustine, C. Lamb
HillslopeConvex5
36.101952-78.318781WGS84
MLRA 136 of LRR P
WbD - Wake-Wateree-Wedowee complex, 8 to 15 percent slopes, rocky N/A
ǣ
ǣǣ
ǣ
ǣǣ
ǣ
hĬƭĻƩǝĻķ /ƌğƭƭźŅźĭğƷźƚƓƭʹ
Representative data point for the upland maintained agricultural
N/A
Cowardin:
conditions observed on site.
NCWAM:
No
Riparianor Non-RiparianIntensively Managed:
ǣ
ǣ
ǣǣ

AG DP- UPL
30 ft
0
N/A
1
0.0%
0
00
0
0
30 ft
00
N/A
0
0
100
400
0
0
100400
4.00
0
00
30 ft
N/A
0
00
30 ft
Cerastium fontanum, Common Mouse-Ear Chickweed60YesFACU
Lamium amplexicaule, Henbit deadnettle15NoFACU
Cardamine hirsuta, Hairy Bittercress10NoFACU
Allium ascalonicum, Wild onion10NoFACU
Geranium molle, Dovefoot geranium5NoFACU
100
5020
30 ft
0
ǣ
00

AG DP- UPL
Loam
0-37.5YR 3/1100%
Clay loam
3-2110YR 4/3100%
ǣ

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Louisburg Capacitor Bank StationLouisburg/Franklin8/3/2020
Duke Energy ProgressNCAG DP- UPL2
J. D'Augustine, C. Lamb
FlatNone0
36.102623-78.318726WGS84
MLRA 136 of LRR P
WbD - Wake-Wateree-Wedowee complex, 8 to 15 percent slopes, rocky N/A
ǣ
ǣ
ǣ
ǣǣ
ǣ
hĬƭĻƩǝĻķ /ƌğƭƭźŅźĭğƷźƚƓƭʹ
Data point taken in ecotone between agricultural upland and
N/A
Cowardin:
forested land to determine no surface water connection between
NCWAM:
agricultural depression and stream SA.
No
Riparianor Non-RiparianIntensively Managed:
ǣ
ǣ
ǣǣ

AG DP- UPL2
30 ft
3
N/A
7
42.9%
0
00
0
0
30 ft
00
N/A
45
135
110
440
25
5
160600
3.75
0
00
30 ft
Ligustrum sinense, Chinese Privet20YesFACU
Phytolacca americana, American Pokeweed15YesFACU
Liquidambar styraciflua, Sweet-Gum15YesFAC
50
2510
30 ft
Solidago altissima, Tall Goldenrod40YesFACU
Microstegium vimineum, Japanese Stilt Grass20YesFAC
Bidens bipinnata, Spanish-Needles15NoFACU
Chamaecrista nictitans, Partridge-Pea10NoFACU
Liquidambar styraciflua, Sweet-Gum5NoFAC
Eupatorium capillifolium, Dog-Fennel5NoFACU
Ligustrum sinense, Chinese Privet5NoFACU
100
5020
30 ft
Ipomoea purpurea, Common Morning-Glory5YesUPL
Lonicera japonica, Japanese Honeysuckle5YesFAC
10
ǣ
52

AG DP- UPL2
Loam
0-162.5YR 4/3100%
Loam
16-182.5YR 5/3100%
ǣ

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Louisburg Capacitor Bank StationLouisburg/Franklin1/29/2020
Duke Energy ProgressNCWB- UPL
J. D'Augustine, C. Lamb
HillslopeConvex5
36.103356-78.318287WGS84
MLRA 136 of LRR P
WbD - Wake-Wateree-Wedowee complex, 8 to 15 percent slopes, rocky N/A
ǣ
ǣ
ǣ
ǣǣ
ǣ
hĬƭĻƩǝĻķ /ƌğƭƭźŅźĭğƷźƚƓƭʹ
Data point taken within forested upland area. No indicators of
N/A
Cowardin:
wetland hydrology, hydrophytic vegetation, or hydric soil were
NCWAM:
observed. This data point is representative of the forested upland
conditions observed on site.
No
Riparianor Non-RiparianIntensively Managed:
ǣ
ǣ
ǣǣ

WB- UPL
30 ft
4
Liriodendron tulipifera, Tuliptree30YesFACU
Liquidambar styraciflua, Sweet-Gum30YesFAC
Quercus alba, Northern White Oak10NoFACU
8
50.0%
70
3514
0
0
30 ft
00
Ilex opaca, American Holly15YesFACU
110
330
115
460
0
0
225790
3.51
15
7.53
30 ft
Juniperus virginiana, Eastern Red-Cedar15YesFACU
Ilex opaca, American Holly15YesFACU
30
156
30 ft
Microstegium vimineum, Japanese Stilt Grass60YesFAC
Polystichum acrostichoides, Christmas Fern15NoFACU
Ligustrum sinense, Chinese Privet15NoFACU
90
4518
30 ft
Lonicera japonica, Japanese Honeysuckle10YesFAC
Smilax rotundifolia, Horsebrier10YesFAC
20
ǣ
104

WB- UPL
Loam
0-77.5YR 2.5/3100%
Loam
7-2110YR 4/4100%
ǣ

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Louisburg Capacitor Bank StationLouisburg/Franklin1/29/2020
Duke Energy ProgressNCWB- WET
J. D'Augustine, C. Lamb
TerraceNone0
36.103233-78.318559WGS84
MLRA 136 of LRR P
WbD - Wake-Wateree-Wedowee complex, 8 to 15 percent slopes, rocky PFO1A
ǣ
ǣ
ǣ
ǣǣ
ǣ
hĬƭĻƩǝĻķ /ƌğƭƭźŅźĭğƷźƚƓƭʹ
This data point was taken within the palustrine forested (PFO)
PFO1A
Cowardin:
portion of WB. This data point is representative of the PFO
Bottomland Hardwood Forest
NCWAM:
conditions observed on-site.
ǣ
No
Riparianor Non-RiparianIntensively Managed:
ǣ
ǣ
ǣ
ǣ
ǣ
ǣ
ǣ
ǣǣ
8

WB- WET
30 ft
5
Liquidambar styraciflua, Sweet-Gum30YesFAC
Acer rubrum, Red Maple20YesFAC
Liriodendron tulipifera, Tuliptree10NoFACU
5
100.0%
60
3012
0
0
30 ft
3060
N/A
125
375
30
120
0
0
185555
3.00
0
00
–
30 ft
–
Arundinaria tecta, Switch Cane30YesFACW
30
156
30 ft
Microstegium vimineum, Japanese Stilt Grass60YesFAC
Ligustrum sinense, Chinese Privet15NoFACU
Polystichum acrostichoides, Christmas Fern5NoFACU
80
4016
30 ft
Smilax rotundifolia, Horsebrier15YesFAC
15
ǣ
7.53

WB- WET
Loam
0-77.5YR 2.5/2100%
Sandy loam
7-1610YR 4/290%10YR 6/410%CM
Sandy clay loam
16-2110YR 6/8100%
ǣ
ǣ
The last 5 inches of the soil core appear to be fill material from the utility easement. Hydric soil indicators were observed above this material.

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Louisburg Capacitor Bank StationLouisburg/Franklin1/29/2020
Duke Energy ProgressNCWC- WET
J. D'Augustine, C. Lamb
Toe of a slopeNone0
36.103542-78.318159WGS84
MLRA 136 of LRR P
WbD - Wake-Wateree-Wedowee complex, 8 to 15 percent slopes, rocky PFO1A
ǣ
ǣǣ
ǣ
ǣ
ǣ
hĬƭĻƩǝĻķ /ƌğƭƭźŅźĭğƷźƚƓƭʹ
This data point was taken within the palustrine scrub-shrub (PSS)
PSS1A
Cowardin:
wetland portion of WC which was located within the overgrown
Basin Wetland
NCWAM:
utility easement. This data point is representative of the PSS
conditions observed on-site.
ǣ
Yes
Riparianor Non-RiparianIntensively Managed:
ǣ
ǣ
ǣ
ǣ
ǣ
ǣ
1
ǣ
0
ǣǣ
19

WC- WET
30 ft
3
N/A
5
60.0%
0
00
0
0
30 ft
4080
N/A
95
285
25
100
0
0
160465
2.91
0
00
–
30 ft
–
Arundinaria tecta, Switch Cane30YesFACW
Eupatorium capillifolium, Dog-Fennel10YesFACU
40
208
30 ft
Microstegium vimineum, Japanese Stilt Grass80YesFAC
Juncus effusus, Lamp Rush10NoFACW
90
4518
30 ft
Rubus argutus, Saw-Tooth Blackberry15YesFACU
Smilax rotundifolia, Horsebrier15YesFAC
30
ǣ
156

WC- WET
Silty clay loam
0-77.5YR 2.5/2100%
Sandy clay loam
7-20.510YR 6/2100%
ǣ
ǣ

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Louisburg Capacitor Bank StationLouisburg/Franklin1/29/2020
Duke Energy ProgressNCWC-UPL
J. D'Augustine, C. Lamb
RidgeNone0
36.103515-78.318299WGS84
MLRA 136 of LRR P
WbD - Wake-Wateree-Wedowee complex, 8 to 15 percent slopes, rocky N/A
ǣ
ǣǣǣ
ǣ
ǣǣ
ǣ
hĬƭĻƩǝĻķ /ƌğƭƭźŅźĭğƷźƚƓƭʹ
This data point was taken within overgrown utility easement. This
N/A
Cowardin:
data point is representative of scrub-shrub upland conditions
NCWAM:
observed on-site throughout the easement.
Yes
Riparianor Non-RiparianIntensively Managed:
ǣ
ǣ
ǣǣ

WC-UPL
30 ft
3
N/A
6
50.0%
0
00
0
0
30 ft
2040
N/A
40
120
50
200
0
0
110360
3.27
0
00
30 ft
Arundinaria tecta, Switch Cane20YesFACW
Eupatorium capillifolium, Dog-Fennel20YesFACU
Robinia pseudoacacia, Black Locust10YesFACU
50
2510
30 ft
N/A
0
00
30 ft
Lonicera japonica, Japanese Honeysuckle20YesFAC
Rubus argutus, Saw-Tooth Blackberry20YesFACU
Smilax rotundifolia, Horsebrier20YesFAC
60
ǣ
3012
Data point taken within overgrown utility easement. No tree or sapling stratum observed.

WC-UPL
Loam
0-710YR 4/4100%
Loam
7-2110YR 4/6100%
ǣ
This data point was taken within the utility easement. It can be assumed that a portion of the soil profile consists of fill material for the
installation of utility poles

Appendix E
DWQ

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SA
1/29/2020Louisburg Capacitor Ban36.103388
J. D'Augustine, C. LambFranklin-78.318514
27.5
Louisburg Quad
14
6.5
7
SA

SC
1/29/2020Louisburg Capacitor Ban36.103496
J. D'Augustine, C. LambFranklin-78.31797
28
Louisburg Quad
12.5
8.5
7
SC

SE
2/19/2020Louisburg Capacitor Ban32.103466
J. D'Augustine, C. LambFranklin-78.317264
14
Louisburg Quad
7
2
5
SE
SC

Appendix F
UPJDJD

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-00881 County: Franklin County U.S.G.S. Quad: Louisburg
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Agent/Applicant: AECOM
Jenn D'Augustine
Address: 1600 Perimeter Park Drive, Suite 400
Morrisville, North Carolina 27560
Telephone Number: 919-461-1494
Size (acres) 19 (approximately) Nearest Town Louisburg
Nearest Waterway Tar River River Basin Pamlico
USGS HUC 03020101 Coordinates Latitude: 36.102639
Longitude: -78.318579
Location description: The 19-acre (approximate) site is located approximately 0.25 mile northwest of the W. River
Road, T. Kemp Road intersection west of Louisburg, in Franklin County, North Carolina. The Franklin County Parcel
ID number is 2806-01-5490.
Both Approved and Preliminary jurisdictional determinations (JDs) were conducted at this site. The specific waters
that were reviewed under the Approved JD (AJD) are identified as follows: Wetlands Ag DP and WD; Ephemeral
features SE and SF. These features are bounded by a three (3) black polygons (labelled as Approved JD Areas).
The specific waters that were reviewed under the Preliminary JD (PJD) are as follows: Stream reaches SA and
SC and Wetlands WB, WC, and WE. These 2 stream reaches and 3 wetlands are also shown on the attached map and
include all potential waters not reviewed under the AJD. The project area for these waters are bounded by a solid red
polygon (labelled as Study Area), excluding the areas bounded by the 3 black polygons, described above (See attached
map).
Indicate Which of the Following Apply:
A.Preliminary Determination
X 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). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently
accurate and reliable. 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 are wetlands on the above described 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). 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 of the U.S. on your 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.
B.Approved Determination
Page 1 of 2

SAW-2020-00881
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (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 of the U.S., including wetlands, on 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.
We recommend you have the waters of the U.S. on your 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 of the U.S., including wetlands, on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on ______________. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are no waters of the U.S., to include wetlands, present on the above described project area s 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
(CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to
determine their requirements.
Placement of dredged or fill material within waters of the US, 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 Andrew Williams at
[phone] or [e-mail].
Basis For Determination: See the attached Approved and Preliminary JD forms.
Remarks: USACE conducted site visit on July 21, 2020. Waters identified in the AJD
areexcluded waters and are not subject to Section 404 of the Clean Water Act.
Attention USDA Program Participants
The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries
and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this
request. This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the
Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in
USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center,
prior to starting work.
F.Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above)
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:

SAW-2020-00881
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
[e-mail]

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: November 30, 2020.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Ebuf;!3131/1:/41!

27;68;69!.15(11(
Corps Regulatory Official: ______________________________________________________

Date: September 30, 2020
Expiration Date: September 30, 2025 (Approved JD only)

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
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0.

WE .07 Ac
SF 56 Lf
SE 296 Lf
SE- UPL
WD .05 Ac
SC 342 Lf
SA 317 Lf
WC .51 Ac
WB .37 Ac
AG DP- UPL2
Ag DP .15 Ac
NC Center for Geographic Information & Analysis
Legend
Study Area
Wetlands
0200100
Louisburg
Approved JD Areas
Capacitor Bank Station
Streams
Feet
Franklin County, NC
Ephemeral
Figure 7
August 2020
Intermittent
Franklin County
WOUS Map
NAD83 State Plane NC
This map is for reference only

SAW-2020-00881

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL

Applicant: Jenn D'Augustine, AECOM File Number: SAW-2020-00881 Date: September 30,
2020

Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.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.

SAW-2020-00881
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 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:
US Army Corps of Engineers
District Engineer, Wilmington Regulatory Division,
South Atlantic Division
Attn: Andrew Williams
Attn: Mr. Philip A. Shannin
3331 Heritiage Trade Drive, Suite 105
Administrative Appeal Review Officer
Wake Forest, North Carolina 27587
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
[e-mail]

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 investigations.
Date: Telephone number:
________________________________________
Signature of appellant or agent.

For appeals on Initial Proffered Permits send this form to:

District Engineer, Wilmington Regulatory Division, Attn: Andrew Williams, 3331 Heritiage Trade Drive, Suite 105
Wake Forest, North Carolina 27587

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. Philip Shannin,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone], [e-mail]