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HomeMy WebLinkAbout20200371 Ver 1_Arba Wetland Delineation Package Final 03122020_20200313Jurisdictional Determination Request Version: May 2017 Page 1 This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/Contact/CountyLocator.aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 INSTRUCTIONS: All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D – PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD 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 also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Jurisdictional Determination Request Version: May 2017 Page 2 A. PARCEL INFORMATION Street Address: _______________________________________________ Cit y, State: _______________________________________________ County: Parcel Index Number(s) (PIN): B.REQUESTOR INFORMATION Name: Mailing Address: _________________________________________ Telephone Number: _________________________________________ Electronic Mail Address: ________________________________________ Select one: I am the current property owner. I am an Authorized Agent or Environmental Consultant1 Interested Buyer or Under Contract to Purchase Other, please explain. ________________________________________ __________________________________________________________ C.PROPERTY OWNER INFORMATION2 Name: Mailing Address: Telephone Number: Electronic Mail Address: _______________________________________________________________________________________________________________________ 1 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). 3666 Highway 903 Town of Snow Hill, North Carolina Greene 0800225 Heather Patti 5540 Centerview Drive, Suite 100 Raleigh, NC 27606 919-256-6236 hpatti@trccompanies.com Pitt & Greene EMC; Attn: Mark Suggs PO Box 249 Farmville, NC 27828 4 Jurisdictional Determination Request Version: May 2017 Page 3 D.PROPERTY ACCESS CERTIFICATION3,4 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. Print Name Capacity: Owner Authorized Agent5 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 project or 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 project or 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:___________________________________________________________________ _______________________________________________________________________ 3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. 4 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). X Heather D. Patti, PWS February 26, 2020 X X Jurisdictional Determination Request Version: May 2017 Page 4 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 acres. The property boundary (or review area boundary) is clearly physically marked on the site. 53 X X X Jurisdictional Determination Request Version: May 2017 Page 5 H.REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: ______________________ Longitude: ______________________ A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 11x17 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/Regulatory-Permit- Program/Jurisdiction/ 35.420347 -77.730135 X X X Jurisdictional Determination Request Version: May 2017 Page 6 Completed appropriate Jurisdictional Determination form •PJDs, please complete a Preliminary Jurisdictional Determination Form7 and include the Aquatic Resource Table •AJDs, please complete an Approved Jurisdictional Determination Form8 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) NCSAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms Other Assessment Forms _____________________________________________________________________________ 7 www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/JD/RGL_08-02_App_A_Prelim_JD_Form_fillable.pdf 8 Please see http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/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. X X X X X X X X WETLAND AND WATERBODY DELINEATION REPORT ARBA SITE 3666 STATE HWY 903 TOWN OF SNOW HILL GREENE COUNTY, NORTH CAROLINA MARCH 12, 2020 Prepared For: Member EMC Solar Five, LLC 3400 Sumner Blvd. Raleigh, NC 27676 Prepared By: TRC Companies, Inc. 5540 Centerview Drive, Ste. 100 Raleigh, NC 27606 Wetland and Waterbody Delineation Report Arba Site, Town of Snow Hill, Greene County, North Carolina i | Page TABLE OF CONTENTS 1.0 INTRODUCTION..............................................................................................................1 1.1 Project Purpose ........................................................................................................1 2.0 REGULATORY AUTHORITIES ....................................................................................1 2.1 Waters of the United States ......................................................................................1 2.2 North Carolina Wetlands and Buffer Rules .............................................................1 3.0 PROJECT SETTING ........................................................................................................2 3.1 Resources .................................................................................................................2 3.2 Soils..........................................................................................................................2 4.0 HYDROLOGY ...................................................................................................................3 5.0 METHODOLOGY ............................................................................................................3 6.0 RESULTS ...........................................................................................................................5 7.0 CONCLUSIONS ................................................................................................................5 8.0 REFERENCES ...................................................................................................................6 TABLES Table 1. NRCS Mapped Soils within the Study Area FIGURES Figure 1. Site Location Map (USGS Topographic Map) Figure 2. National Wetland Inventory Map/FEMA Floodplain Map Figure 3. NRCS Soils Map Figure 4A & 4B. TRC Delineated Wetlands and Waterbodies APPENDICES Appendix A – Photographic Log Appendix B – USACE Routine Wetland Determination Forms NCDWQ Stream Identification Forms Appendix C - Preliminary Jurisdictional Determination Request Form Wetland and Waterbody Delineation Report Arba Site, Town of Snow Hill, Greene County, North Carolina 1 | Page 1.0 INTRODUCTION 1.1 Project Purpose The purpose of this wetland and waterway delineation was to map all wetlands and surface waters (including rivers, streams, ponds, lakes, etc.) regardless of jurisdictional status as well as other features such as, swales, ditches, etc. at the proposed Arba solar facility. The Study Area is an approximately 53-acre portion of a 114-acre parcel located at 3666 State Hwy 903, approximately 3 miles southwest of the Town of Snow Hill in Greene County, North Carolina (See Site Location map, Figure 1). Documentation of the wetland and waterway features will be used for design and avoidance purposes, and the description of jurisdictional areas lends itself towards assessing regulated buffers and implementing setbacks. Specific tasks performed included a field delineation of all potential state and federal jurisdictional areas within the Study Area, a subsequent mapping survey of jurisdictional area boundaries utilizing a handheld Global Positioning System (GPS) unit with sub- meter accuracy, and a detailed description of jurisdictional areas based on hydrology, vegetation, and soils data collected in the field. All features documented during the field visit are included in this report. 2.0 REGULATORY AUTHORITIES 2.1 Waters of the United States As defined by the United States Army Corps of Engineers (USACE), Waters of the United States (WOTUS) include all lakes, ponds, streams (intermittent and perennial), and wetlands regulated under Sections 401 and 404 of the Clean Water Act. Wetlands are defined as “Those areas that are inundated or saturated by surface or ground water 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.” The USACE also regulates navigable waters under Section 10 of the Rivers and Harbor Act (33 U.S.C. 401 et seq.), which requires a permit from the USACE to construct any structure in or over any navigable WOTUS, as well as any proposed action that would alter or disturb (such as excavation/dredging or deposition of materials) these waters. If the proposed structure or activity affects the course, location, condition, or capacity of the navigable water, even if the proposed activity is outside the boundaries of the waterbody, a permit from the USACE is required. 2.2 North Carolina Wetlands and Buffer Rules Under Chapters 113-229 of the North Carolina Administrative Code, wetlands are subject to regulation. The jurisdictional regulatory authority under the North Carolina State Statutes and Wetland and Waterbody Delineation Report Arba Site, Town of Snow Hill, Greene County, North Carolina 2 | Page Administrative Code lies with the North Carolina Department of Environmental Quality (NCDEQ). Municipalities, townships and counties may also have local zoning authority over certain areas or types of wetlands and waterways. The determination that a wetland or waterway is subject to regulatory jurisdiction is made independently by the federal, state, and local agencies. Riparian buffer rules also apply to certain watersheds in North Carolina, pursuant to NC Administrative Code 15A NCAC 02B.0100 & 02B.0200. Watersheds in which riparian buffer rules apply include the Catawba, the Neuse, Tar-Pamlico, Randleman, Jordan, and Goose Creek watersheds. The NCDEQ’s Division of Water Resources (DWR) implements the state’s buffer rules. The Study Area is located within the Tar-Pamlico River basin, which is subject to North Carolina’s Riparian Buffer Program. The Tar-Pamlico Basin Buffer Rules apply to all landowners and other persons conducting activities in the Basin, including state and federal entities, and to all local governments in the Tar-Pamlico Basin, as described in 15A NCAC 02B .0259. The Rules apply to activities conducted within, or outside of the impacts upon, 50-foot wide riparian buffers directly adjacent to surface waters. These surface waters include intermittent streams, perennial streams, lakes, reservoirs, and ponds. The surface waters must be depicted on either the most recent published version of the NRCS soil survey map or the most recent version of the 1:24,000 scale (7.5 minute) USGS topographic maps. One stream is mapped within the Study Area (central portion), and this stream would be subject to the state’s buffer rules, unless an on-site determination with NC Department of Water Resources staff determines that the surface water is not present. 3.0 PROJECT SETTING 3.1 Resources A number of resources were reviewed and utilized in supporting this delineation, including United States Geological Survey (USGS) topographic mapping (Snow Hill, NC 7.5 minute quadrangle), the United States Fish and Wildlife Service (USFWS), National Wetlands Inventory (NWI) mapping, the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Sampson County Soil Survey, the NRCS List of Hydric Soils in North Carolina, the Federal Emergency Management Agency (FEMA) Flood Insurance map, the National Hydrography Dataset (NHD), and recent aerial photography. 3.2 Soils Soil survey maps provided by the USDA NRCS were reviewed prior to conducting the delineation fieldwork to determine the extent of mapped hydric soils within the Study Area. A total of four soil types are mapped within the Study Area (See Table 1, below and Figure 3). Based on the review of the NRCS Web Soil Survey (Figure 3), two of the mapped soil types within the Study Area are partially hydric soils. The hydric soils identified within the include Autryville fine sand Wetland and Waterbody Delineation Report Arba Site, Town of Snow Hill, Greene County, North Carolina 3 | Page (AuB), 0 to 6 percent slopes, well drained, and Bibb loam (BB), frequently flooded, poorly drained. The mapped soil types range from poorly drained to excessively drained soils. The soil series descriptions and drainage classifications for the Study Area are provided in Table 1 (below). Table 1. Soils mapped at the Arba Study Area. Symbol Soil Name % Slope Hydrologic Soil Group Drainage Class Partially Hydric Soils1 AuB Autryville fine sand 0 to 6 A Well drained BB Bibb loam, frequently flooded NA A/D Poorly drained Non-hydric Soils AnB Alpin fine sand 1 to 5 A Excessively drained GoA Goldsboro loamy sand 0 to 2 B Moderately well drained 1Hydric classification taken from the National List of Hydric Soils (USDA NRCS 2015) which includes both major and minor (small) percentages for map units; therefore, in some cases most of the map unit may not be hydric. Also, some components may be phases of soil series that have a range of characteristics that both meet and do not meet hydric indicator requirements; therefore, only a portion of that component’s concept may in fact be hydric. This can lead to a discrepancy between hydric classification and drainage class (USDA NRCS 2015). 4.0 HYDROLOGY Based on the review of the National Wetland Inventory (Figure 2), there are no National Wetlands Inventory (NWI) palustrine, shrub-scrub, or emergent wetlands mapped within the Study Area. There is one NWI mapped riverine, unconsolidated bottom, deepwater habitat located in the central portion of the Study Area, bisecting the Study Area and running west to east. Based on the review of the USGS 7.5 Minute Topographic Quadrangle map, aerial imagery, and NHD data (Figure 2), one stream is identified within the Study Area in the same general area as the NWI mapped riverine deepwater habitat. The stream flows towards the northeast and is an un-named tributary to Tyson Marsh. This tributary is not currently listed as a 303(d)‐listed impaired water. The review of the FEMA floodplain map (Figure 2) showed that there is no mapped 100-year and 500-year floodplain within the Study Area. 5.0 METHODOLOGY Prior to initiating field investigations, TRC conducted a desktop review of publicly available data to determine the presence of mapped wetlands and waterbodies within the Study Area. TRC senior ecologist Heather Patti, PWS, and ecologist Simon King carried out field investigations on January 30th, 2020 to identify wetlands, waterbodies, and other surface waters. Surveys were performed in accordance with criteria set forth in the USACE 1987 Wetlands Delineation Manual Wetland and Waterbody Delineation Report Arba Site, Town of Snow Hill, Greene County, North Carolina 4 | Page (Environmental Laboratories) and the 2010 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0). Data were collected at a total of two sample plots and recorded on USACE Routine Wetland Determination forms (Appendix B). Boundaries of observed wetland and water features were recorded with a Juniper Geode Sub-Meter GPS Receiver unit and Samsung Tab E tablet capable of sub-meter accuracy. Locations were not flagged in order to avoid disturbance to agricultural activities. Hydrophytic vegetation was assessed by identifying plant species and their assigned wetland indicator rating of obligate, facultative wet, facultative, facultative upland, and upland according to the 2016 National Wetland Plant List (Lichvar et. al., 2016). Vegetation in both upland and wetland communities was characterized using the areal dominance method, with a radius of 30- feet around the soil sample location for trees, 15-feet radius for saplings and shrubs, 5-feet for herbaceous plants, and 30-feet for vines. Hydric soil indicators were determined using soil characteristics such as color matrix, hue, evidence of redox features which may include indicators such as saturation, gleying, mottling, hydrogen sulfide odor, and organic/peat layers. Soil test pits were dug using an auger to a depth of approximately 12-15 inches, or where refusal occurred due the presence of a hard pan layer, rock, or hard fill material. Soil color was described using the Munsell Color book, texture using USDA hand-texture methods, and the presence/absence of redoximorphic features, including depletions and concentrations, were recorded. Hydrology was determined based on a number of indicators that are divided into two categories, primary and secondary. The USACE manual and Regional Supplement defines hydrology as present when at least one primary indicator or two secondary indicators are identified. One primary indicator is sufficient to determine if hydrology is present; however if these are absent then two or more of the secondary indicators are required to determine hydrology. If other probable hydrology evidence was found, then this was documented on the data form. Additional surface waters, including waterbody channels and drainageways identified during field surveys, were investigated, characterized, and recorded on North Carolina Division of Water Quality (NCDWQ) Stream Identification forms (Appendix B). Each waterway was investigated to determine whether they were ephemeral, intermittent, or perennial in nature, and whether there were connections to other WOTUS. Representative photographs were taken of each delineated wetland, natural plant community, and waterbody within the Study Area, and are included in Appendix A. Wetland and Waterbody Delineation Report Arba Site, Town of Snow Hill, Greene County, North Carolina 5 | Page 6.0 RESULTS Based upon the January 2020 field investigations, one 0.9-acre palustrine emergent wetland (PEM) and one stream was identified within the approximately 53-acre Study Area (See Figure 4A/4B). The completed routine wetland determination forms and NC stream form are provided in Appendix B. The remaining areas of the Study Area consisted of fallow agricultural field. Soils at the Study Area typically had a silt loam texture. 7.0 CONCLUSIONS It is TRC’s professional opinion that the wetland and stream within the Study Area are USACE jurisdictional. As stated above, the final determination of jurisdictional status for the wetlands and waterbodies rests with the USACE. As such, a preliminary jurisdictional determination (PJD) request is recommended for the wetland delineation, which will confirm the wetland and stream boundaries and provide jurisdictional status of each feature delineated. There are no buffer or setback requirements for USACE regulated waterbodies. However, as mentioned previously, the Study Area is located within the Tar-Pamlico River basin, which is subject to North Carolina’s Riparian Buffer Program. Therefore, the stream mapped within the wetland is subject to a 50-foot protected riparian buffer that is divided into two zones (see Figure 4A/4B). The 30 feet closest to the water (Zone 1) must remain undisturbed; the outer 20 feet (Zone 2) may be managed vegetation. Wetland and Waterbody Delineation Report Arba Site, Town of Snow Hill, Greene County, North Carolina 6 | Page 8.0 REFERENCES Federal Geographic Data Committee. 2013. Classification of Wetlands and Deepwater Habitats of the United States – 2nd Edition. Adapted from Cowardin, Carter, Golet and LaRoe, 1979. 90pp. Federal Emergency Management Agency (FEMA), FEMA Flood Map Service Center and the National Flood Hazard GIS Layer. Available at: https://fema.maps.arcgis.com/home/item.html?id=cbe088e7c8704464aa0fc34eb99e7f30 Griffith, G.E., Omernik, J.M., Comstock, J.A., Schafale, M.P., McNab, W.H., Lenat, D.R., MacPherson, T.F., Glover, J.B., and Shelburne, V.B., 2002, Ecoregions of North Carolina and South Carolina, (color poster with map, descriptive text, summary tables, and photographs): Reston, Virginia, U.S. Geological Survey (map scale 1:1,500,000). Lichvar, R.W., D.L. Banks, W.N. Kirchner, and N.C. Melvin. 2016. The National Wetland Plant List: 2016 Wetland Ratings – Eastern Mountains & Piedmont Region. Natural Resources Conservation Service (NRCS), United States Department of Agriculture (USDA). Web Soil Survey. Available at: http://websoilsurvey.nrcs.usda.gov/ NRCS, USDA. 2015. National Hydric Soils List. Available at: http://www.nrcs.usda.gov/wps/portal/nrcs/main/soils/use/hydric United States Army Corps of Engineers (USACE). 1987. Corps of Engineers Wetland Delineation Manual. Environmental Laboratory, Vicksburg, MS, 100 pp. USACE. 2010. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0). U.S. Army Engineer Research and Development Center, Vicksburg, MS, 161 pp. United States Fish and Wildlife Service, Wetlands Mapper, National Wetlands Inventory (NWI) Data. Available at: https://www.fws.gov/wetlands/data/wetland-codes.html United States Geological Service (USGS), Snow Hill, 7.5 Minute Topographic Quadrangle Series. USGS, National Hydrography Dataset (NHD) Flowline and Waterbody Data. Available at: https://nhd.usgs.gov/data.html Wetland and Waterbody Delineation Report Arba Site, Town of Snow Hill, Greene County, North Carolina 7 | Page FIGURES Path:Plot Date:FEBR UAR Y 2020 335672.0002.0000.000019 Figure 1 - Arba - S ite Location and T opo.m xd MEMBER EMC SOLAR FIVE, LLCARBA SITEGREENE COUNTY, NORTH CAROLINA S . K ING \\em ployees\gis\GIS \1-PR OJECT S \NR CO\335672.0002_000019_Arba\Figure 1 - Arba - S ite Location and T opo.m xd2/20/2020, 13:35:06 PM by R S PR ING -- LAY OUT: ANS I B(11"x17")Map Rotation:Coordinate System:0NAD 1983 S tatePlane North Carolina FIPS 3200 Feet (Foot US ) H. PAT T I 1:24,000 1 " = 2,000 ' 0 2,000 4,000 Feet ! LEGEND PAR CEL BOUNDAR Y S T UDY AR EA BOUNDAR Y NAT UR AL GAS PIPELINE "EX IS T ING S UBS TAT ION ELECT R ICAL T R ANS M IS S ION LINE: 115 kV UNK NOW N kV TRC - GISTRC - GISFIGURE 1 4155 S hackleford R oad, S uite 225 Norcross, GA 30093Phone: 770.270.1192 www.trccom panies.com R . S PR ING SITE LOCATION ANDUSGS TOPOGRAPHIC MAP FILE NO.: T IT LE: PR OJECT: " "Duke EnergyDuke Energy Duke EnergyDuke EnergyDuk e E n e r g y Duke Energy Pitt & Greene EMC Touchstone Energy Cooperative NOTES: 1. BAS EM AP FR OM ES R I/US GS “US GS T OPO” ONLINE S ER VICE LAY ER . 2. PIPELINE, ELECT R ICAL T R ANS M IS S ION LINE AND S UBS T AT ION DAT A ACQUIR ED FR OM R EX T AG. DAT E: APPR OVED BY : CHECK ED BY : DR AW N BY :PR OJ. NO.: Project Location Path:Plot Date:FEBRUARY 2020 335672.0002.0000.000019 Figure 2 - Arba - NWI, NHD, FEMA.mxd MEMBER EMC SOLAR FIVE, LLCARBA SITEGREENE COUNTY, NORTH CAROLINA S. KING \\employees\gis\GIS\1-PROJECTS\NRCO\335672.0002_000019_Arba\Figure 2 - Arba - NWI, NHD, FEMA.mxd2/20/2020, 14:26:03 PM by RSPRING -- LAYOUT: ANSI B(11"x17")Map Rotation:Coordinate System:0NAD 1983 StatePlane North Carolina FIPS 3200 Feet (Foot US)H. PATTI 1:3,6001 " = 300 ' 0 300 600Feet % LEGEND PARCEL BOUNDARY STUDY AREA BOUNDARY BASE FLOOD ELEVATION NHD FLOWLINE NHD WATERBODY HUC-8 BOUNDARY 1% ANNUAL CHANCE/100-YEAR FLOOD (ZONEAE) NWI WETLAND TYPE: FRESHWATER EMERGENT WETLAND FRESHWATER FORESTED/SHRUB WETLAND FRESHWATER POND RIVERINETRC - GISTRC - GISFIGURE 2 4155 Shackleford Road, Suite 225Norcross, GA 30093Phone: 770.270.1192www.trccompanies.com R. SPRING NWI, NHD, FEMA FILE NO.: TITLE: PROJECT: C r ow f o o t R dGray Turnage RdHWY 903 S ST903 0822106 0824346 0800398 0800226 0422543 04034990423885 0423884 0800225 0823260 0823126 0823127 0823131 08231320823130 0823129 08231330823135 0823125 0823138 08012860807674 0823123 0822973 0421156 0421784 0 4 2 1 7 8 8 0 4 2 1 7 9 0 0800633 0421785 0 4 2 1 7 8 6 0 4 2 1 7 8 7 0424474 0407586 0407586 040071004042200407587 0421356 04060560400516 0407585 0421891 0421892 0421574 0406057 0400735 0806274 0801066 0400736 0400737 0404668 0405078 0405319 0404017 0400416 0406050 0 4 0 6 0 5 1 0806273 0823128 0823136 0823137 0823124 0422416 0 4 2 1 7 8 9 04078210422441 0400725 0407860 0423654 0403190 04007060400738 0400424 PFO1A PFO1C PFO1C PUBHx R4SBC R4SBC R5UBH R5UBH R5UBH 03020203(Contentnea) 60' 61' 65'69'63' 64' 67' 62' 68' 66' NOTES: 1. BASEMAP FROM NC ONE MAP, ORTHOIMAGERY, 2016. 2. FLOWLINES, WATERBODIES, WATERBASINS ACQUIRED FROM NATIONAL HYDROGRAPHY DATASET (NHD). 3. WETLANDS ACQUIRED FROM NATIONAL WETLANDS INVENTORY (NWI). 4. FLOOD DATA ZONES AND BASE FLOOD ELEVATIONS ACQUIRED FROM FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) NATIONAL FLOOD HAZARD LAYER (NFHL). NO FLOODPLAIN VISIBLE AT CURRENT MAP EXTENT. DATE: APPROVED BY: CHECKED BY: DRAWN BY:PROJ. NO.: Project Location Path:Plot Date:FEBRUARY 2020 335672.0002.0000.000019 Figure 3 - Arba - Soils.mxd MEMBER EMC SOLAR FIVE, LLCARBA SITEGREENE COUNTY, NORTH CAROLINA S. KING \\employees\gis\GIS\1-PROJECTS\NRCO\335672.0002_000019_Arba\Figure 3 - Arba - Soils.mxd2/20/2020, 16:12:21 PM by RSPRING -- LAYOUT: ANSI B(11"x17")Map Rotation:Coordinate System:0NAD 1983 StatePlane North Carolina FIPS 3200 Feet (Foot US)H. PATTI 1:3,6001 " = 300 ' 0 300 600Feet % LEGEND PARCEL BOUNDARY STUDY AREA BOUNDARY SOILS HYDRIC RATING %: NOT HYDRIC (0%) PREDOMINANTLY NON-HYDRIC (1-33%) PREDOMINANTLY HYDRIC (66-99%)TRC - GISTRC - GISFIGURE 3 4155 Shackleford Road, Suite 225Norcross, GA 30093Phone: 770.270.1192www.trccompanies.com R. SPRING SOILS FILE NO.: TITLE: PROJECT: MapUnitSymbol Map Unit Name Drainage Classification HydrologicGroup HydricRating% On-SiteAcres AnB Alpin fine sand, 1 to 5 percent slopes Excessively drained A 0 2.11AuBAutryville fine sand, 0 to 6 percent slopes Well drained A 5 38.72BBBibb loam, frequently flooded Poorly drained A/D 90 5.71GoA Goldsboro loamy sand, 0 to 2 percent slopes, Southern Coastal Plain Moderately well drained B 0 7.95 Soils in Project Study Area C r ow f o o t R dGray Turnage RdHWY 903 S ST903 AnB: Alpin finesand, 1 to 5percent slopes CoC2: Cowarts sandyloam, 6 to 12 percentslopes, eroded NoB: Norfolkloamy sand, 2 to6 percent slopes BB: Bibb loam,frequentlyflooded Pa: Pactolusfine sand AuB: Autryvillefine sand, 0 to6 percent slopes GoA: Goldsboro loamysand, 0 to 2 percentslopes, SouthernCoastal Plain AuB: Autryvillefine sand, 0 to6 percent slopes AuB: Autryvillefine sand, 0 to6 percent slopes NOTES: 1. BASEMAP FROM NC ONE MAP, ORTHOIMAGERY, 201 6. 2. SOILS DATA ACQUIRED FROM NRCS SSURGO SOILS DATABASE, 2018. DATE: APPROVED BY: CHECKED BY: DRAWN BY:PROJ. NO.: Project Location Path:Plot Date:FEBRUARY 2020 335672.0002.0000.000019 Figure 4A - Arba - Wetland Delineation.mxd MEMBER EMC SOLAR FIVE, LLCARBA SITEGREENE COUNTY, NORTH CAROLINA S. KING \\employees\gis\GIS\1-PROJECTS\NRCO\335672.0002_000019_Arba\Figure 4A - Arba - Wetland Delineation.mxd2/19/2020, 16:16:49 PM by RSPRING -- LAYOUT: ANSI B(11"x17")Map Rotation:Coordinate System:0NAD 1983 StatePlane North Carolina FIPS 3200 Feet (Foot US)H. PATTI 1:3,6001 " = 300 ' 0 300 600Feet ! LEGEND PARCEL BOUNDARY STUDY AREA BOUNDARY !(UPLAND DATA POINT !(WETLAND DATA POINT EPHEMERAL NC STREAM BUFFER ZONE 1 (0-30') NC STREAM BUFFER ZONE 2 (30-50') PEM WETLAND TRC - GISTRC - GISFIGURE 4A 4155 Shackleford Road, Suite 225Norcross, GA 30093Phone: 770.270.1192www.trccompanies.com R. SPRING WETLAND & WATERWAY DELINEATION MAP FILE NO.: TITLE: PROJECT: !( !( C r ow f o o t R dGray Turnage RdHWY 903 S ST903 W1(0.88acres) S1 NOTES: 1. BASEMAP FROM NC ONE MAP, ORTHOIMAGERY, 201 6. 2. TRC SURVEY COMPLETED ON 1/30/2020 BY H. PATTI AND S. KING. 3. NC STREAM BUFFERS SOURCE15A NCAC 02B .0233 NEUSE RIVER BASIN BUFFER RULE. DATE: APPROVED BY: CHECKED BY: DRAWN BY:PROJ. NO.: Project Location Path:Plot Date:FEBRUARY 2020 335672.0002.0000.000019 Figure 4B - Arba - Wetland Delineation.mxd MEMBER EMC SOLAR FIVE, LLCARBA SITEGREENE COUNTY, NORTH CAROLINA S. KING \\employees\gis\GIS\1-PROJECTS\NRCO\335672.0002_000019_Arba\Figure 4B - Arba - Wetland Delineation.mxd2/19/2020, 16:16:04 PM by RSPRING -- LAYOUT: ANSI B(11"x17")Map Rotation:Coordinate System:0NAD 1983 StatePlane North Carolina FIPS 3200 Feet (Foot US)H. PATTI 1:1,2001 " = 100 ' 0 100 200Feet ! LEGEND PARCEL BOUNDARY STUDY AREA BOUNDARY !(UPLAND DATA POINT !(WETLAND DATA POINT EPHEMERAL NC STREAM BUFFER ZONE 1 (0-30') NC STREAM BUFFER ZONE 2 (30-50') PEM WETLAND TRC - GISTRC - GISFIGURE 4B 4155 Shackleford Road, Suite 225Norcross, GA 30093Phone: 770.270.1192www.trccompanies.com R. SPRING WETLAND & WATERWAY DELINEATION MAP FILE NO.: TITLE: PROJECT: !( !( W1(0.88acres) S1 NOTES: 1. BASEMAP FROM NC ONE MAP, ORTHOIMAGERY, 201 6. 2. TRC SURVEY COMPLETED ON 1/30/2020 BY H. PATTI AND S. KING. 3. NC STREAM BUFFERS SOURCE15A NCAC 02B .0233 NEUSE RIVER BASIN BUFFER RULE. DATE: APPROVED BY: CHECKED BY: DRAWN BY:PROJ. NO.: Project Location Wetland and Waterbody Delineation Report Arba Site, Town of Snow Hill, Greene County, North Carolina Appendix A APPENDIX A Photograph Log Project Name Study Area Location Project No. Greene County, North Carolina 335672.0009.0000 Arba Site Photo No. Date 1 10/4/2019 Description General view of the active soybean field that comprises the majority of the Study Area. Photo is facing southeast. Study Area Photographs Photo No. Date 2 10/4/2019 Description Additional view of the active soybean field at the Study Area. Photo is facing north. Outlet pipe Project Name Study Area Location Project No. Greene County, North Carolina 335672.0009.0000 Arba Site Photo No. Date 3 10/4/2019 Description Photo of the open field in the southeastern portion of the Study Area. Photo is facing north. Study Area Photographs Photo No. Date 4 10/4/2019 Description Photo of the NHD mapped stream that runs easterly across the Study Area. Photo is taken fac- ing east. Outlet pipe Project Name Study Area Location Project No. Greene County, North Carolina 335672.0009.0000 Arba Site Photo No. Date 5 1/30/2020 Description Photo of the Wetland 1 wetland datapoint, facing north. Study Area Photographs Photo No. Date 6 1/30/2020 Description Photo of the Wetland 1 wetland data point, fac- ing east. Outlet pipe Project Name Study Area Location Project No. Greene County, North Carolina 335672.0009.0000 Arba Site Photo No. Date 7 1/30/2020 Description Photo of the Wetland 1 upland datapoint, facing north. Study Area Photographs Photo No. Date 8 1/30/2020 Description Photo of the Wetland 1 upland data point, facing east. Outlet pipe Project Name Study Area Location Project No. Greene County, North Carolina 335672.0009.0000 Arba Site Photo No. Date 9 1/30/2020 Description Photo of the mapped stream which is essentially Wetland 1, facing east. Study Area Photographs Photo No. Date 10 1/30/2020 Description Photo of the mapped stream, facing southwest. Outlet pipe Project Name Study Area Location Project No. Greene County, North Carolina 335672.0009.0000 Arba Site Photo No. Date 5 10/4/2019 Description View of the off-site pond just west of the Study Area that contains an overflow drain that conveys water easterly through a 4” underground PVC pipe, towards the Big Swamp (also known as Tyson Marsh). Study Area Photographs Wetland and Waterbody Delineation Report Arba Site, Town of Snow Hill, Greene County, North Carolina APPENDIX B USACE Routine Wetland Determination Forms NCDWQ Stream Identification Forms Project/Site:Project/Site:Arba City/County:City/County:Snow Hill, Greene Sampling Date:Sampling Date:2020-Jan-30 Applicant/Owner:Applicant/Owner:Member EMC Solar Five, LLC State:State:NC Sampling Point:Sampling Point:W-HDP-01_PEM-1 Investigator(s):Investigator(s):Simon King, Heather Patti Section, Township, Range:Section, Township, Range: Landform (hillslope, terrace, etc.):Landform (hillslope, terrace, etc.):Depression Local relief (concave, convex, none):Local relief (concave, convex, none):Concave Slope (%):Slope (%):1 to 3 Subregion (LRR or MLRA):Subregion (LRR or MLRA):LRR P Lat:Lat:35.4196909536 Long:Long:-77.731256364 Datum:Datum:WGS84 Soil Map Unit Name:Soil Map Unit Name:Bibb loam (BB), frequently flooded, poorly drained NWI classification:NWI classification:PUB Are climatic/hydrologic conditions on the site typical for this time of year?Are climatic/hydrologic conditions on the site typical for this time of year? Are Vegetation ____, Soil ____, or Hydrology _____ significantly disturbed?Are "Normal Circumstances" present? Are Vegetation ____, Soil ____, or Hydrology _____ naturally problematic? ____ Surface Water (A1)____ Aquatic Fauna (B13) ____ High Water Table (A2)____ Marl Deposits (B15) (LRR U)(LRR U) ____ Saturation (A3)____ Hydrogen Sulfide Odor (C1) ____ Water Marks (B1)____ Oxidized Rhizospheres along Living Roots (C3) ____ Sediment Deposits (B2)____ Presence of Reduced Iron (C4) ____ Drift Deposits (B3)____ Recent Iron Reduction in Tilled Soils (C6) ____ Algal Mat or Crust (B4)____ Thin Muck Surface (C7) ____ Iron Deposits (B5)____ Other (Explain in Remarks) ____ Inundation Visible on Aerial Imagery (B7) ____ Water-Stained Leaves (B9) WETLAND DETERMINATION DATA FORM – Atlantic and Gulf Coastal Plain RegionWETLAND DETERMINATION DATA FORM – Atlantic and Gulf Coastal Plain Region SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc.SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc. HYDROLOGYHYDROLOGY Yes _____ No _____ (If no, explain in Remarks.) Yes ____ No _____ (If needed, explain any answers in Remarks.) Hydrophytic Vegetation Present?Yes _____ No _____ Hydric Soil Present?Yes _____ No _____ Wetland Hydrology Present?Yes _____ No _____Is the Sampled Area within a Wetland?Is the Sampled Area within a Wetland?Yes __Yes _____ No ________ No _____ Remarks:Remarks: Covertype is PEM. Area is wetland, all three wetland parameters are present.. Wetland Hydrology Indicators:Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply)Primary Indicators (minimum of one is required; check all that apply)Secondary Indicators (minimum of two required)Secondary Indicators (minimum of two required) ___ Surface Soil Cracks (B6) ___ Sparsely Vegetated Concave Surface (B8) ___ Drainage Patterns (B10) ___ Moss Trim Lines (B16) ___ Dry-Season Water Table (C2) ___ Crayfish Burrows (C8) ___ Saturation Visible on Aerial Imagery (C9) ___ Geomorphic Position (D2) ___ Shallow Aquitard (D3) ___ FAC-Neutral Test (D5) ___ Sphagnum moss (D8) (LRR T, U)(LRR T, U) Field Observations:Field Observations: Wetland Hydrology Present?Wetland Hydrology Present?Yes _____ No _____ Surface Water Present?Yes _____ No ____Depth (inches): Water Table Present?Yes _____ No ____Depth (inches): Saturation Present?Yes _____ No ____Depth (inches): (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks:Remarks: The criterion for wetland hydrology is met. ✓ ✓ ✓ ✓ ✓✓ ✓ ✓ ✓ ✓ ✓ ✓ US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -- Version 2.0 Adapted by TRC Sampling Point: W-HDP-01_PEM-1VEGETATION (Four Strata) -- Use scientific names of plants.VEGETATION (Four Strata) -- Use scientific names of plants. Tree StratumTree Stratum (Plot size: __ (Plot size: __3030))AbsoluteAbsolute % Cover% Cover DominantDominant Species?Species? Indicator Indicator StatusStatus 1. 2. 3. 4. 5. 6. 7. 8. 0 = Total Cover 50% of total cover: ___0____20% of total cover:___0___ Sapling/Shrub StratumSapling/Shrub Stratum (Plot size: __ (Plot size: __15__15__)) 1. 2. 3. 4. 5. 6. 7. 8. 0 = Total Cover 50% of total cover: ___0____20% of total cover:___0___ Herb StratumHerb Stratum (Plot size: __ (Plot size: __5__5__)) 1.Rumex crispus 35 Yes FAC 2.Persicaria amphibia 25 Yes OBL 3.Ranunculus abortivus 5 No FACW 4. 5. 6. 7. 8. 9. 10. 11. 12. 65 = Total Cover 50% of total cover: ___32.5____20% of total cover:___13___ Woody Vine StratumWoody Vine Stratum (Plot size: __ (Plot size: ______)) 1. 2. 3. 4. 5. 0 = Total Cover 50% of total cover: ___0____20% of total cover:___0___ Dominance Test worksheet:Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC:22 (A) Total Number of Dominant Species Across All Strata:22 (B) Percent of Dominant Species That Are OBL, FACW, or FAC:100100 (A/B) Prevalence Index worksheet:Prevalence Index worksheet: Total % Cover of:Total % Cover of:Multiply By:Multiply By: OBL species 25 x 1 =25 FACW species 5 x 2 =10 FAC species 35 x 3 =105 FACU species 0 x 4 =0 UPL species 0 x 5 =0 Column Totals 65 (A)140 (B) Prevalence Index = B/A =___2.2___ Hydrophytic Vegetation Indicators:Hydrophytic Vegetation Indicators: _____ 1- Rapid Test for Hydrophytic Vegetation _____ 2 - Dominance Test is >50% _____ 3 - Prevalence Index is ≤ 3.0¹ _____ Problematic Hydrophytic Vegetation¹ (Explain) ¹Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic Definitions of Four Vegetation Strata:Definitions of Four Vegetation Strata: TreeTree – Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/ShrubSapling/Shrub – Woody plants, excluding vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall. HerbHerb – All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody vinesWoody vines – All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present?Hydrophytic Vegetation Present?Yes _____ No _____ Remarks: (Include photo numbers here or on a separate sheet.)Remarks: (Include photo numbers here or on a separate sheet.) A positive indication of hydrophytic vegetation was observed (>50% of dominant species indexed as OBL, FACW, or FAC). ✓ ✓ ✓ US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -- Version 2.0 Adapted by TRC __ Histosol (A1)__ Polyvalue Below Surface (S8) (LRR S, T, U)(LRR S, T, U) __ Histic Epipedon (A2)__ Thin Dark Surface (S9) (LRR S, T, U)(LRR S, T, U) __ Black Histic (A3)__ Loamy Mucky Mineral (F1) (LRR O)(LRR O) __ Hydrogen Sulfide (A4)__ Loamy Gleyed Matrix (F2) __ Stratified Layers (A5)__ Depleted Matrix (F3) __ Organic Bodies (A6) (LRR P, T, U)(LRR P, T, U)__ Redox Dark Surface (F6) __ 5 cm Mucky Mineral (A7) (LRR P, T, U)(LRR P, T, U)__ Depleted Dark Surface (F7) __ Muck Presence (A8) (LRR U)(LRR U)__ Redox Depressions (F8) __ 1 cm Muck (A9) (LRR P, T)(LRR P, T)__ Marl (F10) (LRR U)(LRR U) __ Depleted Below Dark Surface (A11)__ Depleted Ochric (F11) (MLRA 151)(MLRA 151) __ Thick Dark Surface (A12)__ Iron-Manganese Masses (F12) (LRR O, P, T)(LRR O, P, T) __ Coast Prairie Redox (A16) (MLRA 150A)(MLRA 150A)__ Umbric Surface (F13) (LRR P, T, U)(LRR P, T, U) __ Sandy Mucky Mineral (S1) (LRR O, S)(LRR O, S)__ Delta Ochric (F17) (MLRA 151)(MLRA 151) __ Sandy Gleyed Matrix (S4)__ Reduced Vertic (F18) MLRA 150A, 150B)MLRA 150A, 150B) __ Sandy Redox (S5)__ Piedmont Floodplain Soils (F19) (MLRA 149A)(MLRA 149A) __ Stripped Matrix (S6)__ Anomalous Bright Loamy soils (F20) (MLRA 149A,(MLRA 149A, 153C, 153D)153C, 153D) Sampling Point: W-HDP-01_PEM-1SOILSOIL Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) DepthDepth MatrixMatrix Redox FeaturesRedox Features (inches)(inches)Color (moist)Color (moist)%%Color (moist)Color (moist)%%Type¹Type¹Loc²Loc²TextureTexture RemarksRemarks 0 - 5 10YR 4/2 100 Silt Loam 5 - 16 10YR 4/1 90 10YR 5/6 10 C M Silt Loam ¹Type: C = Concentration, D = Depletion, RM = Reduced Matrix, MS = Masked Sand Grains. ²Location: PL = Pore Lining, M = Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)Indicators for Problematic Hydric Soils³:Indicators for Problematic Hydric Soils³: ___ 1 cm Muck (A9) (LRR O)(LRR O) ___ 2 cm Muck (A10) (LRR S)(LRR S) ___ Reduced Vertic (F18) (outside MLRA 150A,B)(outside MLRA 150A,B) ___ Piedmont Floodplain Soils (F19) (LRR P, S, T)(LRR P, S, T) ___ Anomalous Bright Loamy soils (F20) (MLRA 153B)(MLRA 153B) ___ Red Parent Material (TF2) ___ Very Shallow Dark Surface (TF12) ___ Other (Explain in Remarks) ³Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer (if observed):Restrictive Layer (if observed): Hydric Soil Present?Hydric Soil Present?Yes __Yes _____ No ________ No _____Type:None Depth (inches): Remarks:Remarks: A positive indication of hydric soil was observed. The criterion for hydric soil is met. ✓ __ Dark Surface (S7) (LRR P, S, T, U)(LRR P, S, T, U) ✓ US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -- Version 2.0 Adapted by TRC Photo of Sample PlotPhoto of Sample Plot NorthNorth Photo of Sample PlotPhoto of Sample Plot EastEast US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -- Version 2.0 Adapted by TRC Photo of Sample PlotPhoto of Sample Plot SouthSouth Photo of Sample PlotPhoto of Sample Plot WestWest US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -- Version 2.0 Adapted by TRC Project/Site:Project/Site:Arba City/County:City/County:Snow Hill, Greene Sampling Date:Sampling Date:2020-Jan-30 Applicant/Owner:Applicant/Owner:Member EMC Solar Five, LLC State:State:NC Sampling Point:Sampling Point:W-HDP-01_UPL-1 Investigator(s):Investigator(s):Simon King, Heather Patti Section, Township, Range:Section, Township, Range: Landform (hillslope, terrace, etc.):Landform (hillslope, terrace, etc.):Hillslope Local relief (concave, convex, none):Local relief (concave, convex, none):Convex Slope (%):Slope (%):1 to… Subregion (LRR or MLRA):Subregion (LRR or MLRA):LRR P Lat:Lat:35.4199155467 Long:Long:-77.7313052305 Datum:Datum:WGS84 Soil Map Unit Name:Soil Map Unit Name:Bibb loam (BB), frequently flooded, poorly drained NWI classification:NWI classification:None Are climatic/hydrologic conditions on the site typical for this time of year?Are climatic/hydrologic conditions on the site typical for this time of year? Are Vegetation ____, Soil ____, or Hydrology _____ significantly disturbed?Are "Normal Circumstances" present? Are Vegetation ____, Soil ____, or Hydrology _____ naturally problematic? ____ Surface Water (A1)____ Aquatic Fauna (B13) ____ High Water Table (A2)____ Marl Deposits (B15) (LRR U)(LRR U) ____ Saturation (A3)____ Hydrogen Sulfide Odor (C1) ____ Water Marks (B1)____ Oxidized Rhizospheres along Living Roots (C3) ____ Sediment Deposits (B2)____ Presence of Reduced Iron (C4) ____ Drift Deposits (B3)____ Recent Iron Reduction in Tilled Soils (C6) ____ Algal Mat or Crust (B4)____ Thin Muck Surface (C7) ____ Iron Deposits (B5)____ Other (Explain in Remarks) ____ Inundation Visible on Aerial Imagery (B7) ____ Water-Stained Leaves (B9) WETLAND DETERMINATION DATA FORM – Atlantic and Gulf Coastal Plain RegionWETLAND DETERMINATION DATA FORM – Atlantic and Gulf Coastal Plain Region SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc.SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc. HYDROLOGYHYDROLOGY Yes _____ No _____ (If no, explain in Remarks.) Yes ____ No _____ (If needed, explain any answers in Remarks.) Hydrophytic Vegetation Present?Yes _____ No ____ Hydric Soil Present?Yes _____ No ____ Wetland Hydrology Present?Yes _____ No ____Is the Sampled Area within a Wetland?Is the Sampled Area within a Wetland?Yes _____ No __Yes _____ No ______ Remarks:Remarks: Covertype is UPL. Area is upland, not all three wetland parameters are present.. Field was soybeans last year. Wetland Hydrology Indicators:Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply)Primary Indicators (minimum of one is required; check all that apply)Secondary Indicators (minimum of two required)Secondary Indicators (minimum of two required) ___ Surface Soil Cracks (B6) ___ Sparsely Vegetated Concave Surface (B8) ___ Drainage Patterns (B10) ___ Moss Trim Lines (B16) ___ Dry-Season Water Table (C2) ___ Crayfish Burrows (C8) ___ Saturation Visible on Aerial Imagery (C9) ___ Geomorphic Position (D2) ___ Shallow Aquitard (D3) ___ FAC-Neutral Test (D5) ___ Sphagnum moss (D8) (LRR T, U)(LRR T, U) Field Observations:Field Observations: Wetland Hydrology Present?Wetland Hydrology Present?Yes _____ No ____ Surface Water Present?Yes _____ No ____Depth (inches): Water Table Present?Yes _____ No ____Depth (inches): Saturation Present?Yes _____ No ____Depth (inches): (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks:Remarks: The criterion for wetland hydrology is not met. No positive indication of wetland hydrology was observed. ✓ ✓ ✓ ✓ ✓✓ ✓ ✓ ✓ ✓ US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -- Version 2.0 Adapted by TRC Sampling Point: W-HDP-01_UPL-1VEGETATION (Four Strata) -- Use scientific names of plants.VEGETATION (Four Strata) -- Use scientific names of plants. Tree StratumTree Stratum (Plot size: __ (Plot size: __3030))AbsoluteAbsolute % Cover% Cover DominantDominant Species?Species? Indicator Indicator StatusStatus 1. 2. 3. 4. 5. 6. 7. 8. 0 = Total Cover 50% of total cover: ___0____20% of total cover:___0___ Sapling/Shrub StratumSapling/Shrub Stratum (Plot size: __ (Plot size: __15__15__)) 1. 2. 3. 4. 5. 6. 7. 8. 0 = Total Cover 50% of total cover: ___0____20% of total cover:___0___ Herb StratumHerb Stratum (Plot size: __ (Plot size: __5__5__)) 1.Brassica rapa 65 Yes UPL 2.Allium schoenoprasum 10 No FACU 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 75 = Total Cover 50% of total cover: ___37.5____20% of total cover:___15___ Woody Vine StratumWoody Vine Stratum (Plot size: __ (Plot size: ______)) 1. 2. 3. 4. 5. 0 = Total Cover 50% of total cover: ___0____20% of total cover:___0___ Dominance Test worksheet:Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC:00 (A) Total Number of Dominant Species Across All Strata:11 (B) Percent of Dominant Species That Are OBL, FACW, or FAC:00 (A/B) Prevalence Index worksheet:Prevalence Index worksheet: Total % Cover of:Total % Cover of:Multiply By:Multiply By: OBL species 0 x 1 =0 FACW species 0 x 2 =0 FAC species 0 x 3 =0 FACU species 10 x 4 =40 UPL species 65 x 5 =325 Column Totals 75 (A)365 (B) Prevalence Index = B/A =___4.9___ Hydrophytic Vegetation Indicators:Hydrophytic Vegetation Indicators: _____ 1- Rapid Test for Hydrophytic Vegetation _____ 2 - Dominance Test is > 50% _____ 3 - Prevalence Index is ≤ 3.0¹ _____ Problematic Hydrophytic Vegetation¹ (Explain) ¹Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic Definitions of Four Vegetation Strata:Definitions of Four Vegetation Strata: TreeTree – Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/ShrubSapling/Shrub – Woody plants, excluding vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall. HerbHerb – All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody vinesWoody vines – All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present?Hydrophytic Vegetation Present?Yes _____ No ____ Remarks: (Include photo numbers here or on a separate sheet.)Remarks: (Include photo numbers here or on a separate sheet.) Active agricultural field. No positive indication of hydrophytic vegetation was observed (≥50% of dominant species indexed as FAC− or drier). ✓ US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -- Version 2.0 Adapted by TRC __ Histosol (A1)__ Polyvalue Below Surface (S8) (LRR S, T, U)(LRR S, T, U) __ Histic Epipedon (A2)__ Thin Dark Surface (S9) (LRR S, T, U)(LRR S, T, U) __ Black Histic (A3)__ Loamy Mucky Mineral (F1) (LRR O)(LRR O) __ Hydrogen Sulfide (A4)__ Loamy Gleyed Matrix (F2) __ Stratified Layers (A5)__ Depleted Matrix (F3) __ Organic Bodies (A6) (LRR P, T, U)(LRR P, T, U)__ Redox Dark Surface (F6) __ 5 cm Mucky Mineral (A7) (LRR P, T, U)(LRR P, T, U)__ Depleted Dark Surface (F7) __ Muck Presence (A8) (LRR U)(LRR U)__ Redox Depressions (F8) __ 1 cm Muck (A9) (LRR P, T)(LRR P, T)__ Marl (F10) (LRR U)(LRR U) __ Depleted Below Dark Surface (A11)__ Depleted Ochric (F11) (MLRA 151)(MLRA 151) __ Thick Dark Surface (A12)__ Iron-Manganese Masses (F12) (LRR O, P, T)(LRR O, P, T) __ Coast Prairie Redox (A16) (MLRA 150A)(MLRA 150A)__ Umbric Surface (F13) (LRR P, T, U)(LRR P, T, U) __ Sandy Mucky Mineral (S1) (LRR O, S)(LRR O, S)__ Delta Ochric (F17) (MLRA 151)(MLRA 151) __ Sandy Gleyed Matrix (S4)__ Reduced Vertic (F18) MLRA 150A, 150B)MLRA 150A, 150B) __ Sandy Redox (S5)__ Piedmont Floodplain Soils (F19) (MLRA 149A)(MLRA 149A) __ Stripped Matrix (S6)__ Anomalous Bright Loamy soils (F20) (MLRA 149A,(MLRA 149A, 153C, 153D)153C, 153D) Sampling Point: W-HDP-01_UPL-1SOILSOIL Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) DepthDepth MatrixMatrix Redox FeaturesRedox Features (inches)(inches)Color (moist)Color (moist)%%Color (moist)Color (moist)%%Type¹Type¹Loc²Loc²TextureTexture RemarksRemarks 0 - 12 10YR 4/2 100 Sandy Loam 12 - 18 10YR 5/3 98 10YR 5/6 2 C M Sandy Loam ¹Type: C = Concentration, D = Depletion, RM = Reduced Matrix, MS = Masked Sand Grains. ²Location: PL = Pore Lining, M = Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)Indicators for Problematic Hydric Soils³:Indicators for Problematic Hydric Soils³: ___ 1 cm Muck (A9) (LRR O)(LRR O) ___ 2 cm Muck (A10) (LRR S)(LRR S) ___ Reduced Vertic (F18) (outside MLRA 150A,B)(outside MLRA 150A,B) ___ Piedmont Floodplain Soils (F19) (LRR P, S, T)(LRR P, S, T) ___ Anomalous Bright Loamy soils (F20) (MLRA 153B)(MLRA 153B) ___ Red Parent Material (TF2) ___ Very Shallow Dark Surface (TF12) ___ Other (Explain in Remarks) ³Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer (if observed):Restrictive Layer (if observed): Hydric Soil Present?Hydric Soil Present?Yes _____ No __Yes _____ No ______Type:None Depth (inches): Remarks:Remarks: No positive indication of hydric soils was observed. The criterion for hydric soil is not met. __ Dark Surface (S7) (LRR P, S, T, U)(LRR P, S, T, U) ✓ US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -- Version 2.0 Adapted by TRC Photo of Sample PlotPhoto of Sample Plot NorthNorth Photo of Sample PlotPhoto of Sample Plot EastEast US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -- Version 2.0 Adapted by TRC Photo of Sample PlotPhoto of Sample Plot SouthSouth Photo of Sample PlotPhoto of Sample Plot WestWest US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -- Version 2.0 Adapted by TRC Created 2020-01-30 15:35:23 UTC by Simon King Updated 2020-01-31 13:58:59 UTC by Simon King Location 35.4202364479, -77.7303243802 Status Field Crew Reviewed Client Member EMC Solar Five, LLC Project Arba Date // Field Crew Simon King, Heather Patti Lead Scientist's Initials HDP Resource Type Stream or Surface Water Resource Series Number 1 Resource ID S-HDP-01 Do you need to override the resource id?No Resource ID = Resource Type - Scientist Initials - Resource Series Number Stream / Waterbody Type Ephemeral Water Flow Velocity Dry or Minimal Direction of Flow NE OHWM Width (ft)6 Average Water Width (ft)6 Bank to Bank (ft)8 Bankfull Width (ft)8 Probed Stream Depth Dry Left Bank Height (feet)0 Optimal (1.5) [Left]0 High suboptimal (1.2) [Left]0 Low suboptimal (1.1) [Left]0 High marginal (0.85) [Left]0 Low marginal (0.75) [Left]0 High poor (0.6) [Left]0 Low poor (0.5) [Left]0 Left bank total 0 S-HDP-01S-HDP-01 Resource Crew InfoResource Crew Info Resource DescriptionResource Description Stream/Water InventoryStream/Water Inventory Stream ConditionsStream Conditions Stream MeasurementsStream Measurements Left BankLeft Bank Left Bank Riparian Buffer ConditionLeft Bank Riparian Buffer Condition Page: 1 of 5 NC DWQ Stream Form score = 4, Ephemeral Right Bank Height (feet)0 Optimal (1.5) [Right]0 High suboptimal (1.2) [Right]0 Low suboptimal (1.1) [Right]0 High marginal (0.85) [Right]0 Low marginal (0.75) [Right]0 High poor (0.6) [Right]0 Low poor (0.5) [Right]0 Right bank total 0 Continuity of channel bed and bank Weak Sinuosity of channel along thalweg Weak In-channel structure Absent Particle size of stream substrate Absent Active or relict floodplain Weak Depositional bars or benches Absent Recent alluvial deposits Absent Headcuts Absent Grade control Absent Natural valley Weak Second or greater order channel No Presence of baseflow Absent Iron oxidizing bacteria Absent Leaf litter Absent Sediment on plants or debris Weak Organic debris lines or piles Absent Soil-based evidence of high water table?No Fibrous roots in streambed Absent Rooted upland plants in streambed Absent Macrobenthos Absent Aquatic mullusks Absent Fish Absent Crayfish Absent Amphibians Absent Algae Absent Stream Overview Report Photos Right BankRight Bank Right Bank Riparian Buffer ConditionRight Bank Riparian Buffer Condition Stream GeomorphologyStream Geomorphology Stream HydrologyStream Hydrology Stream BiologyStream Biology Page: 2 of 5 Upstream Stream Photo Upstream photo direction SW Downstream Stream Photo Downstream photo direction NE Page: 3 of 5 Across Stream Photo 1 Across stream photo direction 1 N Across Stream Photo 2 Across stream photo direction 2 NW GPS Info Flag Resource Type S Flag's Resource ID S-HDP-01 Flag Number 1 Flag ID 1 Flag ID (Long)S-HDP-01-1 Flag type Data point Stream/water type (calculated)Ephemeral Flag Label S-1: Data point S-1: Data pointS-1: Data point Page: 4 of 5 Flag Classification Label Ephemeral Project Name Member EMC Solar Five, LLC - Arba Address 3666 NC-903 Snow Hill, NC 28580 Environmental Field Manager: GIS Contact: Project Manager: Page: 5 of 5 Wetland and Waterbody Delineation Report  Arba Site, Town of Snow Hill, Greene County, North Carolina    APPENDIX C USACE Jurisdictional Determination Request Form USACE Preliminary Jurisdictional Determination Form Jurisdictional Determination Request Version: May 2017 Page 1 This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/Contact/CountyLocator.aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 INSTRUCTIONS: All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D – PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD 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 also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Jurisdictional Determination Request Version: May 2017 Page 2 A. PARCEL INFORMATION Street Address: _______________________________________________ Cit y, State: _______________________________________________ County: Parcel Index Number(s) (PIN): B.REQUESTOR INFORMATION Name: Mailing Address: _________________________________________ Telephone Number: _________________________________________ Electronic Mail Address: ________________________________________ Select one: I am the current property owner. I am an Authorized Agent or Environmental Consultant1 Interested Buyer or Under Contract to Purchase Other, please explain. ________________________________________ __________________________________________________________ C.PROPERTY OWNER INFORMATION2 Name: Mailing Address: Telephone Number: Electronic Mail Address: _______________________________________________________________________________________________________________________ 1 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). 3666 Highway 903 Town of Snow Hill, North Carolina Greene 0800225 Heather Patti 5540 Centerview Drive, Suite 100 Raleigh, NC 27606 919-256-6236 hpatti@trccompanies.com Pitt & Greene EMC; Attn: Mark Suggs PO Box 249 Farmville, NC 27828 4 Jurisdictional Determination Request Version: May 2017 Page 3 D.PROPERTY ACCESS CERTIFICATION3,4 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. Print Name Capacity: Owner Authorized Agent5 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 project or 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 project or 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:___________________________________________________________________ _______________________________________________________________________ 3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. 4 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). X Heather D. Patti, PWS February 26, 2020 X X Jurisdictional Determination Request Version: May 2017 Page 4 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 acres. The property boundary (or review area boundary) is clearly physically marked on the site. 53 X X X Jurisdictional Determination Request Version: May 2017 Page 5 H.REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: ______________________ Longitude: ______________________ A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 11x17 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/Regulatory-Permit- Program/Jurisdiction/ 35.420347 -77.730135 X X X Jurisdictional Determination Request Version: May 2017 Page 6 Completed appropriate Jurisdictional Determination form •PJDs, please complete a Preliminary Jurisdictional Determination Form7 and include the Aquatic Resource Table •AJDs, please complete an Approved Jurisdictional Determination Form8 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) NCSAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms Other Assessment Forms _____________________________________________________________________________ 7 www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/JD/RGL_08-02_App_A_Prelim_JD_Form_fillable.pdf 8 Please see http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/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. X X X X X X X X Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A.REPORT COMPLETION DATE FOR PJD: B.NAME AND ADDRESS OF PERSON REQUESTING PJD: 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: County/parish/borough: City: Center coordinates of site (lat/long in degree decimal format): Lat.: Long.: Universal Transverse Mercator: Name of nearest waterbody: 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 “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) W1 35.419945 -77.730865 0.9 acres wetland 404 S1 35.420385 -77.729893 890 linear feet stream 404 Heather Patti; 5540 Centerview Dr, Suite 100, Raleigh NC 27606 NC Greene Town of Snow Hill 35.420347 -77.730135 Tyson Marsh 1/29/20 1/30/20 2/26/2020 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: ___________________________________________________. 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: _______________________________. Natural Resources Conservation Service Soil Survey. Citation: ___________________________. National wetlands inventory map(s). Cite name: ______________________________________. State/local wetland inventory map(s): _______________________________________________. 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. Signature and date of Signature and date of Regulatory staff member person requesting PJD completing PJD (REQUIRED, unless obtaining the signature is impracticable)1 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. Figure 4. TRC Delineated Wetlands & Waterways Snow Hill (1:24,000) Figure 3 Figure 2 Figure 2 NC One Map Aerial Basemap, 2016; Google Aerial 2020 Site visit photographs: October 2019 & January 2020