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Home My WebLink About20160977 Ver 1_USACE Site Apprvl and NWP 27 Verification_20191106Strickland, Bev From: Dailey, Samantha J CIV USARMY CESAW (USA) <Samantha.J.Dailey@usace.army.mil> Sent: Wednesday, November 6, 2019 1:20 PM To: Bradley Breslow; Jamey Mceachran Cc: Tugwell, Todd J CIV USARMY CESAW (US); Kim Browning; Haupt, Mac; Davis, Erin B; Wilson, Travis W.; Bowers, Todd; twyla.cheatwood@noaa.gov; Wells, Emily N Subject: [External] SAW-2016-01988 Neu -Con UMBI, Bucher Mitigation Site Approval and NWP 27 Verification Attachments: SAW-2016-01988 Bucher Mitigation Site Approval and NWP 27 Verification.pdf Follow Up Flag: Follow up Flag Status: Flagged CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report. spa m@nc.gov<mailto:report. spa m@nc.gov> Good afternoon, Attached is the bank modification approval, Nationwide Permit 27 (Aquatic habitat restoration, enhancement, and establishment activities), and jurisdictional determination for: SAW-2016-01988 / EBX-Neuse I, LLC / Neu -Con UMBI, Bucher Mitigation Site / Durham County This electronic copy is an official Department of the Army Notification. However, if you wish to receive a paper copy, one will be mailed upon request. Please let me know if you have any questions or concerns. Sincerely, Sam Samantha Dailey Regulatory Project Manager U.S. Army Corps of Engineers Regulatory Division 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 (919) 554-4884, Ext. 22 Samantha.j.dailey@usace.army.mil 1 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 November 6, 2019 Regulatory Division/ 1200A Action ID No: SAW-2016-01988 Re: NCIRT Review and USACE Approval to Modify EBX-Neuse 1, LLC's Neu -Con Umbrella Mitigation Banking Instrument (UMBI) to add the Bucher Mitigation Site Mr. Brad Breslow EBX-Neuse I, LLC 302 Jefferson Street, Suite 110 Raleigh, North Carolina 27605 Dear Mr. Breslow: This letter is to inform you that the Wilmington District, Corps of Engineers (Corps) has reviewed and approved the Bucher Mitigation Site Final Mitigation Plan, dated September 2019. In addition, the Corps has issued a Nationwide Permit 27 (NWP 27) verification letter authorizing work in waters of the United States associated with restoration of aquatic resources on the mitigation bank site. As bank sponsor you are required to comply with the approved Neu -Con UMBI, Final Mitigation Plan —Bucher Mitigation Site, the terms and conditions of your NWP 27 verification letter, and the Corps' regulations regarding compensatory mitigation (33 CFR 332). The bank sponsor accepts all risk, liability, and responsibility for the success of all mitigation activities associated with the approved mitigation bank site. In accordance with the final mitigation plan, the bank sponsor must prepare and submit annual monitoring reports to document whether the stream (17,628 linear feet) restoration, enhancement, and preservation areas on the project site meet the necessary interim and final performance standards. When credits are debited from the mitigation site, the bank sponsor must provide the Corps with an updated ledger form identifying the purchaser of the credits, the project name, the permit number, and the number and type of credits to be debited. When all stream [11,704.663 stream mitigation units (SMUs)] credits have been consumed, no more credits may be sold from this mitigation site. From the Corps' perspective, the next phase in the establishment of the Neu -Con UMBI, Bucher Mitigation Site, includes recording the conservation easement to protect the mitigation site, marking the boundary of the site with permanent signs, and executing the necessary financial assurances. Once the conservation easement has been recorded and we receive the required executed financial assurance documents, the Corps will be in a position to approve an initial credit release for 15 percent of the total stream restoration and enhancement mitigation credits, and 100 percent of the total stream preservation mitigation credits. We look forward to working with you to ensure the Bucher Mitigation Site complies with the requirements of the approved UMBI and site -specific mitigation plan. In all future correspondence concerning this matter, please refer to the file number, SAW- 2016-01988. If you have any questions regarding this letter, the mitigation plan review process, or the requirements of the Mitigation Rule, please contact Ms. Samantha Dailey by email at Samantha.J.Daileygusace.army.mil or by phone at (919) 554-4884 extension 22. Sincerely, Tyler Crumbley Deputy Chief, Regulatory Division Electronic Copies Furnished: NCIRT Distribution List U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2016-01988 County: DURHAM U.S.G.S. Quad: NC -NORTHEAST DURHAM GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Applicant: EBX-Neuse I, LLC Mr. Brad Breslow Address: 302 Jefferson Street, Suite 110 Raleigh, North Carolina 27605 Size (acres) —93 Nearest Waterway Panther Creek USGS HUC 03020201 Nearest Town Durham River Basin Neuse River Coordinates Latitude:36.036494 Longitude:-78.786872 Description of the project location: The project area is identified as an approximate 93 acre tract of land, located on Durham Countv. North Carolina Parcels 086304430124. 086303212222. 086301208206. 086301009568. and 086303225163. These parcels are located at 3132 Redwood Road, in Durham, Durham County, North Carolina. Work in waters of the United States (U.S.) will occur in tributaries and wetlands within the Rockv Branch watershed, a direct tributary of the Neuse River (8-digit HUC: 03020201 Description of projects area and activity: The applicant, EBX-Neuse I, LLC, has requested a Department of the Army authorization to discharge dredged and/or fill material into waters of the U.S. in coniunction with the Bucher Mitigation Site. Project activity will involve the aquatic restoration, enhancement, and preservation of 17,628 linear feet of stream channel. Implementation of the proposed restoration and enhancement activities will result in the discharge of fill material into 4.03 acres of wetland, 5278 linear feet of stream channel, and 12.24 acres of open water, in conjunction with the mechanized land clearing, pond drainage, excavation, bank stabilization, and stream relocation activities for the Bucher Mitigation Site. Refer to the enclosed Table 1 for a detailed summary of impacts. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 27 — Aquatic Habitat Restoration, Enhancement, and Establishment Activities SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated September 16, 2019. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Samantha Dailey at 919-554-4884 x22 or Samantha.J.Daileyna,usace.army.mil. DAILEY.SAMANTDigitally signed by DAILEYSAMAN HA.J.138756794 Corps Regulatory Official: I-IAJ.1387567948 Date: 2019.11.06 13:10:32 -05'00' Date: November 6, 2019 Expiration Date of Verification: March 18, 2022 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 anyway 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 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. _ 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 (LAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Ms. Samantha Dailey at 919-554-4884, ext. 22 or by email at Samantha.J.Dailev(&usace.armv.mil. C. Basis For Determination: Refer to the enclosed Preliminary JD Form, Table 2, and Potential Wetland and Non -Wetland Waters of the U.S. Map dated 8/22/2019 for a detailed summary of waters on -site D. Remarks: 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 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: 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. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. DAILEY SAAAANTH D' 't II ' db Corps Regulatory Official: igJ a y s�gne y DAILEY.SAMANTHA.J.1387567948 AJA 387567948 Date: 2019.11.06 13:10:56 -05'00' Samantha J. Dailey Date: November 6, 2019 Expiration Date: N/A 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. Table 1. Authorized discharge of fill material into waters of the United States in association with the Bucher Mitigation Site (SAW-2016-01988). Fill Length Fill acreage Impact Number/ Aquatic Flow Regime or of am of wetland Duration of Regulated Discharge of Resource ID Cowardin Class (1� (ac) Fill Material Fill Material Activity W 1 Non -Tidal N/A 2.86 Permanent Stream Restoration WB Freshwater Marsh W2 Bottomland N/A 1.07 Temporary Stream Restoration WE Hardwood W3 Bottomland N/A 0.02 Permanent Stream Restoration WE Hardwood W4 Bottomland N/A 0.07 Temporary Stream Restoration WG Hardwood W5 Bottomland N/A 0.01 Permanent Stream Restoration WG Hardwood Intermittent 174 N/A Permanent Stream BU2 Relocation/Restoration Perennial 460 N/A Permanent Stream BU6 Relocation/Restoration Perennial 778 N/A Permanent Stream BU9 Relocation/Restoration Perennial 1617 N/A Permanent Stream MB 1 Relocation/Restoration S5 Perennial 1796 N/A Permanent Stream CH8 Relocation/Restoration S6 Perennial 95 N/A Temporary Bank Stabilization CHI Perennial 214 N/A Permanent Stream CH1 Relocation/Restoration S8 Perennial 65 N/A Temporary Bank Stabilization CH1 S9 Perennial 125 N/A Temporary Bank Stabilization CH6 S10 Intermittent 60 N/A Temporary Bank Stabilization BU 10 S11 Intermittent 79 N/A Permanent Bank Stabilization BU11 S12 Intermittent 80 N/A Temporary Bank Stabilization BU 11 S13 Intermittent 160 N/A Permanent Bank Stabilization MB2 S14 Perennial 85 N/A Temporary Bank Stabilization MB3-A S15 Perennial 355 N/A Temporary Bank Stabilization MB3-B S16 Intermittent 270 N/A Temporary Bank Stabilization MB5 01 Open Water N/A 12.24 Permanent Drainage/Stream Pettys Lake Restoration SPECIAL CONDITIONS ACTION ID: SAW-2016-01988 EBX-NEUSE I, LLC BUCHER MITIGATION SITE MITIGATION 1. The permittee understands and agrees that the document entitled "Final Mitigation Plan, Bucher Mitigation Site" dated September 2019, is incorporated and made part of this permit. Execution of the work and terms given in the approved mitigation plan are a condition of this permit Action ID Number: SAW-2016-01988 County: DURHAM Permittee: EBX-Neuse I, LLC Mr. Brad Breslow Project Name: Bucher Mitigation Site Date Verification Issued: November 6, 2019 Project Manager: Samantha Dailey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Raleigh Regulatory Field Office Attn: Samantha Dailey 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27857 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: EBX-Neese I, LLC File Number: SAW-2016-01988 Date: November 6, 2019 (Attn: Mr. Brad Breslow) 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 JUP_TSDICTIONAL 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.miI/Missions/CiviIWorks/Re uP latoryProramandPermits.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. 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: District Engineer, Wilmington Regulatory Division Mr. Jason Steele, Administrative Appeal Review Officer Raleigh Regulatory Field Office CESAD-PDO Attn: Samantha Dailey U.S. Army Corps of Engineers, South Atlantic Division 3331 Heritage Trade Drive, Suite 105 60 Forsyth Street, Room 10M15 Wake Forest, North Carolina 27587 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 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: Ms. Samantha Dailey, 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 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 APPENDIX 2 PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): November 6, 2019 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Applicant: EBX-Neuse I, LLC Mr. Brad Breslow Address: 302 Jefferson Street, Suite 110 Raleigh, North Carolina 27605 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Neu -Con UMBI, Bucher Mitigation Site, EBX- Neuse I, LLC, Durham County, SAW-2016-01988 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: Durham City: Durham Center coordinates of site (lat/long in degree decimal format): Lat. 36.036494°N, Long.-78.786872' W. Universal Transverse Mercator: Name of nearest water body: Rocky Branch, a direct tributary of the Neuse River (03020201) E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLIES): ® Office (Desk) Determination. Date: November 6, 2019 ® Field Determination. Date(s): August 30, 2018 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 AID 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 AID 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 AID 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 AID or a PJD, the JD will be processed as soon as practicable. Further, an AID, 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 AID 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 the PJD requestor: EBX-Neuse 1, LLC submitted a Jurisdictional Determination Request on March 27, 2017, with revisions received on August 30, 2018. ® 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. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit RUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: 1:24K, NC -Northeast Durham ® USDA Natural Resources Conservation Service Soil Survey. Citation: Web Soil Survey: October 2018. ® National wetlands inventory map(s). Cite name: Corps of Engineers SAW Regulatory Viewer: October 2018. ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): 1998 NAPP & 2010 ESRI World Imagery. 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 iurisdictional determinations. Refer to the enclosed Table 2. Summary of On -Site Jurisdictional Waters DAI LEY.SAM Digitally signed by DAILEY.SAMANTHA. ANTHAJ I3 .1.1387567948 87567948 Date:2019.11.06 13:12:44-05'00' Signature and date of Regulatory Project Manager (REQUIRED) Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining 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. TABLE 2. AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude (°N) Latitude (°W) Estimated Amount of Aquatic Resources in Review Area Type of aquatic resource wetland vs. v s. non -wetland) Geographic authority to which the aquatic resource "may be" subject (i.e. Section 404 or Section 10/404 Linear Feet Acres BU1 36.0280991 -78.7947998 681 Non -Wetland Section 404 BU6 36.0337982 -78.7934036 1069 Non -Wetland Section 404 BU7 36.0345001 -78.7913971 682 Non -Wetland Section 404 BU8 36.0349998 -78.7906036 171 Non -Wetland Section 404 BU9 36.0344009 -78.7897034 1080 Non -Wetland Section 404 BU10-A 36.0340004 -78.7897034 214 Non -Wetland Section 404 BU11 36.0357018 -78.7891998 441 Non -Wetland Section 404 CHI 36.0275993 -78.7861023 820 Non -Wetland Section 404 CH2 36.0292015 -78.7873993 913 Non -Wetland Section 404 CH3 36.0292015 -78.7873993 930 Non -Wetland Section 404 CH4 36.0289993 -78.7869034 316 Non -Wetland Section 404 CH6 36.03129960 -78.78749850 570 Non -Wetland Section 404 CH7 36.03150180 -78.78649900 318 Non -Wetland Section 404 CH8 36.03269960 -78.78749850 1687 Non -Wetland Section 404 MB1 36.03560 -78.78760 1129 Non -Wetland Section 404 MB2 36.03810120 -78.78679660 403 Non -Wetland Section 404 MB3 36.03779980 -78.78579710 3174 Non -Wetland Section 404 MB4 36.03590010 -78.78379820 1468 Non -Wetland Section 404 MB5 36.03990170 -78.78459930 213 Non -Wetland Section 404 Wetland A 36.02830120 -78.79389950 1.28 Wetland Section 404 Wetland B 36.03110120 -78.79450230 2.87 Wetland Section 404 Wetland C 36.02930070 -78.79299930 0.12 Wetland Section 404 Wetland E 36.03390120 -78.79299930 2.07 1 Wetland Section 404 Wetland G 36.02899930 -78.78659820 0.21 Wetland Section 404 Pond A (Pettys Lake) 36.03200000 -78.79400000 12.24 Wetland Section 404 Pond B 36.02950000 -78.79330000 0.22 Wetland Section 404 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.