20191595 Ver 1_JD Package_20191120

Jurisdictional Determination Request
A. PARCEL INFORMATION
Street Address: ROW, small portion in parcels listed below
City, State:
County:
Whispering Pines, NC
Moore
Parcel Index Number(s) (PIN): 858500828940, 858500813301
B. REQUESTOR INFORMATION
Name: Jonathan Herman
Mailing Address: 1013 State Farm Road
Boone, NC 28607
Telephone Number: 828-386-1920
Electronic Mail Address: jonathan.herman@mcgiIIassociates. cor
Select one:
I am the current property owner.
✓� I am an Authorized Agent or Environmental Consultant'
❑ Interested Buyer or Under Contract to Purchase
❑ Other, please explain.
C. PROPERTY OWNER INFORMATION
Name: Bob Kissinger, Village of Whispering Pi
Mailing Address: 10 Pine Ridge Drive
Whispering Pines, NC 28327
Telephone Number: [phone]
Electronic Mail Address: [e-mail]
' Must provide completed Agent Authorization Form/Letter.
2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record).
Version: May 2017 Page 2

Jurisdictional Determination Request
D. PROPERTY ACCESS CERTIFICATION',4
By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duly authorized agent of the owner of record of the property.
Jonathan Herman
Print Name
Capacity: ❑ Owner ❑✓ Authorized Agent'
11/11/2019
Date
Signature
E. REASON FOR JD REQUEST: (Check as many as applicable)
I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all aquatic resources.
❑ I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources under Corps authority.
I intend to construct/develop a projector perform activities on this parcel which may
require authorization from the Corps, and the JD would be used to avoid and minimize
impacts to jurisdictional aquatic resources and as an initial step in a future permitting
process.
❑✓ I intend to construct/develop a projector perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
❑ I intend to construct/develop a project or perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
❑ A Corps JD is required in order obtain my local/state authorization.
❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
❑ I believe that the site may be comprised entirely of dry land.
❑ Other:
For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
s Must provide agent authorization form/letter signed by owner(s).
Version: May 2017 Page 3

Jurisdictional Determination Request
F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One)
❑� I am requesting that the Corps provide a preliminary JD for the property identified herein.
A Preliminary Jurisdictional Determination (PJD) provides an indication that there may
be "waters of the United States" or "navigable waters of the United States"on a property.
PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all
waters and wetlands on the property will be treated as if they are jurisdictional "waters of
the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is
"preliminary" in the sense that an approved JD can be requested at any time. PJDs do
not expire.
❑ I am requesting that the Corps provide an approved JD for the property identified herein.
An Approved Jurisdictional Determination (AJD) is a determination that
jurisdictional "waters of the United States" or "navigable waters of the United
States" are either present or absent on a site. An approved JD identifies the limits of
waters on a site determined to be jurisdictional under the Clean Water Act and/or
Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit
decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be
posted on the Corps website. A landowner, permit applicant, or other "affected
party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years
(subject to certain limited exceptions explained in Regulatory Guidance Letter 05-
02).
❑ I am unclear as to which JD I would like to request and require additional information
to inform my decision.
G. ALL REQUESTS
❑ Map of Property or Project Area. This Map must clearly depict the boundaries of the
review area.
✓❑ Size of Property or Review Area 0.52 acres.
❑ The property boundary (or review area boundary) is clearly physically marked on the site.
Version: May 2017 Page 4

Jurisdictional Determination Request
H. REQUESTS FROM CONSULTANTS
Project Coordinates (Decimal Degrees): Latitude:
Longitude
35.268371
-79.371892
A legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than I Ix17 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved).6
■ North Arrow
■ Graphical Scale
■ Boundary of Review Area
■ Date
■ Location of data points for each Wetland Determination Data Form or tributary
assessment reach.
For Approved Jurisdictional Determinations:
■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404
wetlands, etc. Please include the acreage of these features.
■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries,
impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary,
open water, relatively permanent water, pond, etc. Please include the acreage or linear
length of each of these features as appropriate.
■ Isolated waters, waters that lack a significant nexus to navigable waters, or non -
jurisdictional upland features should be identified as Non -Jurisdictional. Please
include a justification in the label regarding why the feature is non jurisdictional (i.e.
"Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage
or linear length of these features as appropriate.
For Preliminary Jurisdictional Determinations:
■ Wetland and non -wetland features should not be identified as Jurisdictional, 404,
Waters of the United States, or anything that implies jurisdiction. These features can be
identified as Potential Waters of the United States, Potential Non -wetland Waters of
the United States, wetland, stream, open water, etc. Please include the acreage and
linear length of these features as appropriate.
❑ Completed Wetland Determination Data Forms for appropriate region
(at least one wetland and one upland form needs to be completed for each wetland type)
6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the
supplied map meets the necessary mapping standards. http://www.saw.usace.army.mil/Missions/Re ulatory-Permit-
Pro gram/Jurisdiction/
Version: May 2017 Page 5

Jurisdictional Determination Request
Completed appropriate Jurisdictional Determination form
• PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the
Aquatic Resource Table
• AJDs, please complete an Approved Jurisdictional Determination Form'
Vicinity Map
Aerial Photograph
USGS Topographic Map
Soil Survey Map
Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
❑� Landscape Photos (if taken)
❑ NCWAM and/or NCWAM Assessment Forms and Rating Sheets
NC Division of Water Resources Stream Identification Forms
Other Assessment Forms
' www.saw.usace.gM.mil/Portals/59/docs/re ug latorregdocs/JD/RGL 08-02_App_A_Prelim _JD_Form _fillable.pdf
' Please see http://www.saw.usace.army.mil/Missions/Re ug latory-Permit-Proaram/Jurisdiction/
Principal Purpose: The information that you provide will be used in evaluating your request to determine
whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory
authorities referenced above.
Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local
government agencies, and the public, and may be made available as part of a public notice as required by federal
law. Your name and property location where federal jurisdiction is to be determined will be included in the
approved jurisdictional determination (AJD), which will be made available to the public on the District's website
and on the Headquarters USAGE website.
Disclosure: Submission of requested information is voluntary; however, if information is not provided, the
request for an AJD cannot be evaluated nor can an AJD be issued.
Version: May 2017 Page 6

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 11 /1 1 /2019
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Jonathan Herman, 1013 State Farm Road, Boone, NC 28607
C. 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: North Carolina County/parish/borough: Moore City: Whispering Pines
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.268371 Long.:-79.371892
Universal Transverse Mercator:
Name of nearest waterbody: Thaggard'S Lake
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑■ Office (Desk) Determination. Date: 11 /11 /2019
❑■ Field Determination. Date(s): 10/14/2019
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Geographic authority
to which the aquatic
resource "may be"
subject (i.e., Section
404 or Section 10/404)
Open Water Ditch A
35.2685
-79.3720
0.04 Acre
Non -wetland waters of the US
Section 404
Open Water Ditch B
35.2682
-79.3720
0.03 Acre
Non -wetland waters of the US
Section 404
Thagard'sLake
35.2684
-79.3717
0.06 Acre
Non -wetland waters of the US
Section 404
McLean Branch
35.2684
-79.3721
67 L.F.
Non -wetland waters of the US
Section 404

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

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:Delineation 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:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
❑■ U.S. Geological Survey map(s). Cite scale & quad name:
❑m Natural Resources Conservation Service Soil Survey. Citation:
❑■ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑■ FEMA/FIRM maps:
El
❑■
100-year Floodplain Elevation is:
Photographs: ❑ Aerial (Name & Date):
or 0 Other (Name & Date):
(National Geodetic Vertical Datum of 1929)
❑ 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.
Signature and date of
Regulatory staff member
completing PJD
Signature nd date of
person req esting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
' 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.

30 0 15 30 60
GRAPHIC SCALE DIVISION VALUE = 30 FEET
WOOD C
000 ♦ 71 AQUATIC RESOURCE
N \ 00 OPEN WATER DITCH A TABLE
POPLAR �\ (POTENTIAL NON -WETLAND NAME AMOUNT
\ WATERS OF THE US)
\ 0.04 ACRES Total Open Water 0.13 Acres
' o Total Stream 67 L.F.
\\,A
for
—11 II boo r —I
III \\ III (TYP II
I / I
II / I I \ i I III ' THAGARD'S LAKE
+ I ' I I I (POTENTIAL NON -WETLAND
T LINE 1II✓ I I I II I I j° f WATERS OF THE US)
0.06 ACRES
IPE \20''
I v
I�N ti
18.1 _
RDWOOD 1. �ryNN �I II\ I I (— . PINE 2 I� ----
CO
` � \ — �. �,; .: ► _ ,y till l /, -� I � � � N � _
�280
-28
0000
000,
wow
'OS �� AP
, 6l'
(TY/P) _ MCLEAN BRANCH
JURISDICTIONAL AQUATIC RESOURCES IDENTIFIED
(POTENTIAL NON -WETLAND ON THIS MAP HAVE BEEN LOCATED WITHIN
��/ 1 / / ♦ SUB -METER ACCURACY UTILIZING A THALES
v/ / / ♦ RT WATERS OF THE US) MAPPING GRADE GLOBAL POSITIONAING SYSTEM
1� (GPS) AND THE SUBSEQUENT DIFFERENTIAL
�2$9 LI 67 L.F. CORRECTION OF THAT DATA. GPS POINTS MAY
DEMONSTRATE UNCORRECTABLE ERRORS DUE TO
/ TOPOGRAPHY, VEGETATIVE COVER, AND/OR
OPEN WATER DITCH B MULTIPATH SIGNAL ERROR.
NOTE: THE ILLUSTRATED AQUATIC RESOURCE
(POTENTIAL NON -WETLAND LOCATIONS ARE APPROXIMATE. THESE AREAS HAVE
I / BEEN FLAGGED IN THE FIELD; HOWEVER, THEY HAVE
WATERS OF THE US) NOT BEEN SURVEYED. ALTHOUGH MCGILL
J //{ ASSOCIATES, P.A. (MCGILL) IS CONFIDENT IN OUR
ASSESSMENT,
0.03 ACRES IsHE ONLY AGENCY THAT CAN MAKE FINAL
'
1/INEERS
/ �04 `y DECISIONS REGARDING JURISDICTIONAL WETLAND
�•` / / / �� LEGEND OF THE US DELINEATIONS.
THIS MAP WAS PREPARED BY MCGILL USING THE
110 BEST INFORMATION AVAILABLE TO MCGILL AT THE
Study Limits 00TIME OF PRODUCTION. THIS MAP IS FOR
INFORMATIONAL PURPOSES ONLY AND SHOULD NOT
T� BE USED TO DETERMINE PRECISE BOUNDARIES,
IStream Limits ROADWAYS, PROPERTY BOUNDARY LINES, NOR
' tV LEGAL DESCRIPTIONS. THIS MAP SHALL NOT BE
CONSTRUED TO BE AN OFFICIAL SURVEY OF ANY
Open Water DATA DEPICTED.
ILimits SOURCE DATA: MOORE COUNTY GIS.
DATE LAKEVIEW DRIVE BRIDGE FIGURE
10/14/2019
1013 Slate Farm Road PROJECT #
I�C 1
Boone, NC28607 DELINEATION MAP
828.386.1920 12.04017 WHISPERING PINES
NC Firm License # C-0459 PROJECT MANAGER
mc9illassociates.com BR MOORE COUNTY, NORTH CAROLINA

Date:
Project/Site
Latitude
Lakeview Drive Bridge
10/14/2019
Project
35.268371
Evaluator:
County:
Longitude:
Jonathan Herman
Granville
-79.371892
Stream Determination
Other
Total Points: 40.00
PERENNIAL
McLean Branch
A. Geomorphology Subtotal = 19.00
Absent
Weak
Moderate
Strong
1. Continuity of bed and bank
-----
-----
-----
3
2. Sinuosity of Channel Along Thalweg
-----
-----
-----
3
3. In -channel structure: ex. Riffle -pool, step -pool,
ripple -pool sequence
4. Particle size of stream substrate
-----
1
-----
-----
5. Active/relic floodplain
-----
-----
-----
3
6. Depositional bars or benches
-----
1
-----
-----
7. Recent alluvial deposits
-----
1
-----
-----
8. Headcuts
-----
1
-----
-----
9. Grade Control
-----
0.5
-----
-----
10. Natural Valley
-----
-----
-----
1.5
11. Second or greater order channel
No= -----
Yes= 3
B. Hydrology Subtotal= 10.50
12. Presence of Baseflow
-----
-----
-----
3
13. Iron oxidizing bacteria
-----
-----
2
-----
14. Leaf litter
-----
-----
0.5
-----
15. Sediment on plants or debris
-----
-----
1
----
16. Organic debris lines or piles
-----
I -----
1
1-----
17. Soil -based evidence of high water table?
No= -----
Yes= 3
C. Biology Subtotal= 10.50
18. Fiborous roots in streambed
-----
2
-----
-----
19. Rooted upland plants in streambed
3
-----
-----
-----
20. Macrobenthos (note diversity and abundance)
-----
1
-----
-----
21. Aquatic mollusks
-----
1
-----
-----
2 2 . Fish
-----
0.5
-----
-----
23. Crayfish
-----
0.5
-----
-----
24. Amphibians
-----
-----
-----
1.5
25. Algae
0
-----
1
-----
26. Wetland plants in streambed
FACW=
-----
I OBL=
-----
Other=
0
*perennial streams may also be identified using other methods. See p. 35 of manual
Notes:
Note: Sheet sourced from NCDWQ Stream ID Form

RA
Z
Photo One: View looking east at Thagard's
Lake open water area (potential non -wetland
waters of the US).
1
Photo Two: View looking north at Open Water
Ditch A (potential non -wetland waters of the
US).
Photo Three: View looking south at Open Water Photo Four: View looking west at McLean
Ditch B (potential non -wetland waters of the US). Branch (potential non -wetland waters of the
US).
I
DATE
NOVEMBER2019
LAKEVIEW DRIVE BRIDGE
FIGURE
mC '
1013 State Farm Road
Soon., NC 2.6N
828.386.1920
PROJECT #
12.04017
VILLAGE OF WHISPERING PINES
P H OTOS H E ET
NC Firm License # C-0459
PROJECT MANAGER
mcgillassociates.com
B. ROARK
MOORE COUNTY, NORTH CAROLINA