20200121 Ver 1_SAW-2016-00771 PJD_20200120

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: SAW-2016-00771 County: Graham U.S.G.S. Quad: Robbinsville
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Graham County Rural Development Authority / Attn.: Brian Johnson
Address: 12 North Main Street
Robbinsville, NC 28771
Telephone Number: 828-479-7984
Size (acres): 11 Nearest Town: Robbinsville
Nearest Waterway: UTs Mauney Branch and Mauney
Branch Coordinates: 35.32631 N, 83.81795 W
River Basin/ HUC: Lower Little Tennessee (06010204)
Location description: The site is located on a tract of land (parcel ID 5661 0000 2400) on the east side of Moose
Branch Road, northeast of the intersection of Moose Branch Road and Mauney Branch Road in Robbinsville,
Graham County, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
X There are waters, including 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). 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 overall 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
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 the law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
There are waters of the U.S. including wetlands on the above described property 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. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon
completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA
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.
There are no waters of the U.S., to include wetlands, present on the above described project area 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 to determine their requirements.
Placement of dredged or fill material within waters of the US and/or 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 David Brown at
828-271-7980, ext. 4232 or [e-mail].
C. Basis for Determination:
See attached preliminary jurisdictional determination form.
D. Remarks:
The potential waters of the U.S., at this site, were verified on -site by the Corps and are as approximately depicted on the
attached Delineation Map, Figure 1, submitted by McGill Associates, P.A.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate
participation in USDA programs, you should request a certified wetland determination from the local office of the
Natural Resources Conservation Service, prior to starting work-
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to
this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you
will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal
this determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801

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, N/A (Preliminary -JD).
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
^r�
Corps Regulatory Official.
David Brown
Issue Date of JD: Oct 18, 2019 Expiration Date: N/A Preliminary JD
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
htip:Hcoipsmapu.usace.anny.mil/cm—apex/Vp=136:4:0.
Copy furnished (by email):
McGill Associates, P.A., Jon Swaim, 1013 State Farm Road, Boone, NC 28607
[e-mail]

. _._..
• Z
Lij
¢ W w r Q
LL ''�o =mom Nfd :Nn _I ay.i,3Nta�Ga � �aZrQaxN�u �NZ =��rJ�a�oowacw�a��r�
d
CD
_j J _j 0o
LL
V) Ai N N zo
Foo�a wzz
~ azoo
aNNwmFoO <G o
r—
Z N w
¢wJfumx� �r3: po ¢ m00�a Z
' ! og=G<raZ 3iQu.wZp pw.ozzzu°G
� •,.( 1 goaNZo�� ox0x=�zo3 w�QNo-wo
C a� �zOZZ x
wZ por �pzo aNzwaa¢
a� G Q- O u w J 3 y>= a U p Z p
.n, O-¢ O- j w w x Z '� ¢ a r w Z< r
1 a> FY=p r� <xr0°Zzz QZ KpQ2
Z a N r _ -¢ r a N a LL Z Z 0 Z Z n mON a �.•
�oowl.oaGQ ¢aGw?�Qo
N r d r d Q• 1 .� aN�maaO� r�J'�oz ��oawd�>
C L L L • =V OmN ¢Z OV >v�2�� °OMH z
4l ICY U ~ U F" (� a s �'� pra 7v= 7wa zoSN;as;ozaapa�� 0
K to t ✓ 0.0 'a • 0
M riCc
�I
W
LU
•j 1)J
d
' m
o
r y .ZJ
o
ca C o
\ � = 9= Z \ U Q
co
\ oa 4, . il
o =
ca
O a w o
"aro ) 0= W 0
cu
co m
\ < qQ mR�
emmu E E
Ez
\ m m
� �, � ,1 ..�..•�.y IIII �
.M� j • • 4 •. � ,�� - � � � IIII _ _
^� •� r • �� ' IIII
N fit}` f .. C" lip
wE ° :'E y
uj U

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL,
Applicant: Graham County Rural Development
Authority / Attn.: Brian Johnson
File Number: SAW-2016-00771
Date: Oct 18, 2019
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
Ell
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at littp://www.usace.arniy.mil/Missions/CivilWorks/RevulatoryProgramandPennits.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 district engineer. This form must be received by
the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD.
The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps
district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD.
SECTION 11- 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:
District Engineer, Wilmington Regulatory Division,
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: David Brown
CESAD-PDO
151 Patton Avenue, Room 208
U.S. Army Corps of Engineers, South Atlantic Division
Asheville, North Carolina 28801-5006
60 Forsyth Street, Room 10M15
828-271-7980, ext. 4232
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the 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.: David Brown, 69 Darlington Avenue, Wilmington,
North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (JD) FORM
U.S. Army Corps of Engineers
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JD: Oct 18, 2019
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Graham County Rural Development Authority / Attn.: Brian Johnson
12 North Main Street
Robbinsville, NC 28771
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
CESAW-RG-A, SAW-2016-00771, Moose Branch Road Residential Subdivision
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
The proposed project site is located on a tract of land (parcel ID 5661 0000 2400) on the east side of Moose Branch
Road, northeast of the intersection of Moose Branch Road and Mauney Branch Road in Robbinsville, Graham
County, North Carolina.
State: NC , County/parish/borough: Graham City: Robbinsville
Center coordinates of site (lat/long in degree decimal format): 35.32631 N, 83.81795 W
Universal Transverse Mercator: N/A
Name of nearestwaterbody: UTs Mauney Branch and Mauney Branch
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
® Office (Desk) Determination. Date: Oct 18, 2019
® Field Determination. Date(s): July 2, 2016
Use the table below to document aquatic resources and/or aquatic resources at different sites
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION
Centered Coordinates
Estimated Amount of
Geographic
Site Number
(decimal degrees)
Aquatic Resource in
Type of Aquatic
Authority to Which
Review Area
Resources
Aquatic Resource
Latitude Longitude
(linear feet or acre)
"May Be" Subject
® Wetland
® Section 404
Wetland A
35.325719
-83.818302
0.367 ac
❑ Non -wetland Waters
❑ Section 10/404
❑ Wetland
® Section 404
Mauney Branch
35.325008
-83.817900
61.791f
® Non -wetland Waters
❑ Section 10/404
UT-1
0 Wetland
® Section 404
(UT Mauney
35.325719
-83.818302
1,029.53 if
® Non -wetland Waters
❑ Section 10/404
Branch)
UT-1 to UT-1
El Wetland
®Section 404
(UT Mauney
35.325719
-83.818302
43.72 if
®Non -wetland Waters
El Section 10/404
Branch)
UT-2 to UT-1
Wetland
®Section 404
(UT Mauney
35.325719
-83.818302
56.62 ac
® Non -wetland Waters
❑ Section 10/404
Branch)
7

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 (N)AT) 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 preliminary JD (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 preliminary JD requester: McGill Associates, P.A.
® Data sheets prepared/submitted by or on behalf of preliminary JD requester. McGill Associates, P.A.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rational:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey (USGS) Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® USGS map(s). Cite scale & quad name: Robbinsville.
® Natural Resources Conservation Service (MRCS) Soil Survey.
Citation: Graham County, NC
❑ National wetlands inventory (NWI) map(s). Cite name:
❑ State/Local wetland inventory map(s):
❑ Federal Emergency Management Agency (FEMA) / Flood Insurance Rate Map (FIRM) maps:
❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)

❑ Photographs: ® Aerial (Name & Date): Google Earth Pro, Oct. 2015, Apr. 2013, May 2009, May 2006, and Mar.
1998
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Applicable/supporting scientific literature:
® Other information (please specify): The site contains wetlands as determined by the 1987 Corps of Engineers Wetland
Delineation Manual and the Regional Supplement to the Corps of Engineers Wetlands Delineation Manual. Eastern
Mountain and Piedmont Region (Version 2.0). These wetlands are abutting to stream channels located at the site and
flow into the channels. Wetland hydrology is enhanced with the abutting stream channels via normal down gradient
flows and periods of high water.
,The streams on the property are UTs Mauney Branch and Mauney Branch, all exhibit physical ordinary high water
mark (OHWM) indicators including, break in slope; developed bed and bank; changes in sediment texture and soil
character; natural line impressed on the bank; shelving; absence of vegetation; leaf litter washed away; sediment
deposition and sorting; presence of fish and other aquatic life; water staining; presence of debris; and scour. One of
the UTs and Mauney Branch are depicted as solid blue lines on the USGS 7.5 minute quadrangle map Robbinsville
and the most current Natural Resource Conservation Service Soil Survey for Graham County. Solid blue line
features on these mapping conventions typically represent perennial streams.
The UTs Mauney Branch flow into Mauney Branch, which flows into Long Creek, and then into the Cheoah River, a
traditional navigable water. The Cheoah River flows into the Little Tennessee River, then into the Tennessee River,
which drains into the Ohio River then to the Mississippi River before entering the Gulf of Mexico.
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.
David Brown, Oct 18, 2019
Signature and date of Regulatory
staff member completing
preliminary JD
Graham County Rural Development Authority /
Attn.: Brian Johnson
OR
McGill Associates, P.A
(per Agent Authorization)
Signature and date of person requesting
preliminary JD (REQUIRED, unless obtaining the
signature is impracticable)
Two copies of this Preliminary JD Form have been provided Please sign both copies. Keep one signed copy for your record
and return a signed copy to the Asheville Regulatory Field Office by mail or e-mail.
US Army Corps of Engineers -Wilmington District
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time
frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.
0