20201475 Ver 1_McLean JD_20201117

Jurisdictional Determination Report
McLean Project Site
Lenoir, Caldwell County, North Carolina
t'I'4
JJ
Date of Report
November 16, 2020
Prepared By:
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Brushy Fork Environmental Consulting
10565 HWY 421 South
Trade, Tennessee 37691
Prepared For:
Walter and Lou McLean
9303 Blackberry Ln
Lenoir, NC 28645
1

2.
3.
4.
5.
5.1.
5.2.
5.3.
5.4.
INTRODUCTION AND LOCATION
REGULATORY DEFINITIONS 3
TECHNICAL DEFINITIONS 4
SITE DESCRIPTION 5
General
Soils
Wetlands
Streams
TABLES
1. Soil Unit Descriptions
1. TABLE OF CONTENTS
3
APPENDICES
A. Project Site Location Map
B. Project Site USGS Topographic Map
C. Project Site Jurisdictional Map
D. Project Site USDA NRCS Soils Map
E. NC DWQ Stream Identification Data Form(s)
F. Project Photosheets
G. USACE Preliminary Jurisdictional Form
5
5
6
6
0
2

2. INTRODUCTION AND LOCATION
A United States Army Corps of Engineers (USACE) jurisdictional wetland delineation and stream determination
(USACE, NC Hydrologic Determination) was performed for a project site in Caldwell, North Carolina on October
21, 2020. This report presents the findings of "waters of the United States" including jurisdictional streams and
wetlands, and "waters of the State". The Subject Property (±4.2 acres) is located within a ± 13.2 acre parcel
currently owned by Walter and Lou McLean. The project site is located at 9312 Blackberry Road, Lenoir, North
Carolina, and is located approximately 2.0 miles south of Blowing Rock, NC (Appendix A). A U.S. Geological
Survey (USGS) topographic location map for the Subject Property is given in Appendix B.
The jurisdictional wetland delineation was conducted according to guidelines set forth in the USACE
"Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and
Piedmont Region (Version 2.0)" (April 2012). The hydrologic determination was conducted according to the
guidelines set forth in the North Carolina Division of Water Quality (NCDWQ) "Methodology for Identification
of Intermittent and Perennial Streams and Their Origins (Version 4.11)" (Sept. 2010). As the regulating
authority of Section 404/401 of the Clean Water Act, the USACE and state of North Carolina must make the
final determination as to the jurisdictional status of this site.
Two perennial streams, and one ephemeral channel were identified and delineated on -site. The perennial
streams are referred to as Unnamed Tributary 1 (UT 1), Unnamed Tributary 2 (UT 2), and the ephemeral
channel as Unnamed Tributary 3 (UT 3). A Jurisdictional Determination Map depicting the locations and
extents of streams within the Subject Property is given in Appendix C. No wetlands were identified at the
Subject Property.
3. REGULATORY DEFINITIONS
"Waters of the United States" are regulated by the Corps of Engineers based on authority from Section 404 of
the Clean Water Act. They include waters that are or could be used for interstate commerce such as rivers,
wetlands, lakes, territorial seas, and ponds, as well as streams, waterways, and ditches below the "Ordinary
High -Water Mark (OHWM)". Manmade water bodies and farmed wetlands may also be considered
jurisdictional depending on their connection to other "waters of the U.S." if they are not actively mined,
farmed, or otherwise managed for five (5) years. A specific detailed definition of "waters of the United States"
can be found in the Federal Register (33 CFR 328.3). Activities in these areas will require a Corps of Engineers
permit if they include the discharge of dredged of fill material into "waters of the U.S.".
"Waters of the State" are "any stream, river, brook, swamp, lake, sound, tidal estuary, bay, creek, reservoir,
waterway, or other body or accumulation of water. They can be surface or underground, public or private,
natural or artificial. Finally, they must be contained in, flow through, or border upon any portion of this State
(North Carolina) (including any portion of the Atlantic Ocean over which the State has jurisdiction)." This
definition is provided by the North Carolina Department of Environment and Natural Resources, Division of
Water Resources, 401 Buffer Permitting Unit.
3

4. TECHNICAL DEFINITIONS
Wetlands are defined as areas that are inundated or saturated by surface or ground water at a frequency and
duration enough to support, and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. They are identified based on the three -parameter
approach outlined in the Corps of Engineers "Regional Supplement to the Corps of Engineers Wetland
Delineation Manual: Eastern Mountains and Piedmont Regional" (2012). The three criteria include hydrophytic
vegetation, hydric soils and wetland hydrology. Generally, all three criteria must be present to make a positive
wetland determination. The criteria are defined as follows:
Hydrophytic vegetation, due to morphological, physiological and/or reproductive adaptation(s), has the ability
to grow, effectively compete, reproduce, and/or persist in anaerobic soil conditions. Individual species have
been assigned indicator status by the USFWS - National Wetland Inventory and the National Plant List Panel.
Vegetation is considered hydric when more than 50% of the dominant species from all strata are OBL, FACW,
FAC+ or FAC. Secondary vegetation rules include the species Prevalence Index which takes non -dominant
species into consideration, observed plant morphological and physiological adaptations, and certain
problematic wetland situations.
Indicator Status
Probability of Occurrence in Wetlands
Obligate Wetland - OBL
> 99%
Facultative Wetland - FACW
67-99%
Facultative - FAC
34-66%
Facultative Upland - FACU
1-33%
Obligate Upland - UPL
<1%
Hydric soils are present if they have been classified as hydric or when they possess characteristics associated
with reducing soil conditions known as hydric indicators. Wetland soils were evaluated for hydric indicators
with the USDA/NRCS report "Field Indicators of Hydric Soils in the United States, A Guide for Identifying and
Delineating Hydric Soils, Version8.2, 2018". Hydric soils in this report are those where an indicator for "All" or
"Loamy and Clayey" soils (USDA Land Resource Region "N") is present. Colors were determined using the
Munsell soil color chart.
Hydrology in wetlands occurs in areas inundated permanently or periodically at mean water depths of <6.6
feet, or if the soil is saturated to the surface for approximately nine (9) days consecutively during the growing
season of the prevalent vegetation. Wetland hydrology indicators may be present above or below the surface.
Primary indicators include inundation, saturation in the upper 12 inches, watermarks on standing structure,
sediment deposits and hydrogen sulfide odor. A minimum of one primary indicator is required for the
presence of a wetland. Secondary indicators (two or more required) include drainage patterns, moss trim
lines, crayfish burrows, and the FAC-neutral test.
In general, an area must meet all three criteria to be classified as a wetland. In certain "naturally problematic"
areas such as seasonal wetlands which are not wet at all times, or in recently disturbed situations, an area may
be considered a wetland if only two criteria are met.
4

Perennial stream means a well-defined channel that contains water year-round during a year of normal
rainfall with the aquatic bed located below the water table for most of the year. Groundwater is the primary
source of water for a perennial stream, but it also carries stormwater runoff. A perennial stream exhibits the
typical biological, hydrological, and physical characteristics commonly associated with the continuous
conveyance of water. [15A NCAC 02B .0233(2)(i)]
Intermittent stream means a well-defined channel that contains water for only part of the year, typically
during winter and spring when the aquatic bed is below the water table. The flow may be heavily
supplemented by stormwater runoff. An intermittent stream often lacks the biological and hydrological
characteristics commonly associated with the conveyance of water. [15A NCAC 02B .0233(2)(g)]
Ephemeral (stormwater) stream means a feature that carries only stormwater in direct response to
precipitation with water flowing only during and shortly after large precipitation events. An ephemeral stream
may or may not have a well-defined channel, the aquatic bed is always above the water table, and stormwater
runoff is the primary source of water. An ephemeral stream typically lacks the biological, hydrological, and
physical characteristics commonly associated with the continuous or intermittent conveyance of water. [15A
NCAC 02B .0233(2)(d)]
5. SITE DESCRIPTION
5.1. General
The Subject Property (36.115212°,-81.643711°) is in northern Caldwell County, approximately 2.0 miles south
of Blowing Rock, NC. The entire ± 4.1 acre Subject Property was evaluated for aquatic resources subject to
federal and state jurisdiction. Elevations on the parcel range between ±2620 and ±2820 feet above mean sea
level (Appendix B).
The Project Site is in the Headwaters Yadkin River Watershed (HUC12 030401010102) in the Yadkin Pee -Dee
River Basin. The entirety of the parcel drains into the Yadkin River, which has been classified as C; TR; Trout
Waters protected for secondary recreation. Because the UTs have no classification they inherit the designation
of the water body they flow into, the Yadkin River, and are therefore C;TR; Trout Waters protected for
secondary recreation.
5.2. Soils
There are four soil types found in the McLean Parcel. The most predominate soil is the ChF (Chesnut-Buladean
complex, 50-90% slopes). ChF makes up 36.4% of the parcel, 4.0% of the Subject Property, and is in the
southwestern portion of the McLean parcel. The CkE (Chesnut-Edneyville complex, 30-50% slopes) is found in
the eastern part of the parcel, making up 30.9% of the parcel, and 41.8% of the Subject Property. CtD
(Cullasaja cobbly loam, 15-30% slopes), located in the middle of the parcel between ChF and CkE, makes up
28.4% of the parcel, and 54.2% of the Subject Property. CkD (Chesnut-Edneyville complex, 15-50% slopes),
only makes up 4.2% of the parcel and is found in the southwestern corner of the parcel. CkD is not identified
5

within the Subject Property. The total soils breakdown is shown in the table below and in the attached Soil
Map (Appendix D).
Table 1. Soil Unit Descriptions
Map Unit
Map Unit
Landform
Drainage Class
% McLean Parcel
% in Subject
Symbol
Description
Property
ChF
Chesnut-Buladean
Mountain
Well drained
36.4%
4.0%
complex, 50-95%
slopes, ridges
slopes, stony
CkD
Chesnut- EdneyviIle
Ridges
Well drained
4.2%
0%
complex, 15-30%
slopes, stony
CkE
Chesnut-Edneyville
Mountain
Well drained
30.9%
41.8%
complex, 30-50%
slopes, ridges
slopes, stony
CtD
Cullasaja cobbly
Coves
Well drained
28.4%
54.2%
loam, 15-30% slopes,
extremely bouldery
5.3. Wetlands
There were no wetlands found on the Subject Property.
5.4. Streams
Three (3) stream features were delineated on the Subject Property (Appendix Q. Resultant scores from North
Carolina Division of Water Quality (NC DWQ) Stream Identification Forms (Appendix E) led to the
determination of UT 1 and UT 2 as jurisdictional streams, and UT 3 as an ephemeral channel.
UT 1 enters the McLean property from the west and flows southeast under the graded driveway (into a
24'x100' HDPE), and continues southeast exiting the parcel. UT 1 is approximately 2 feet in width and flows
±650 linear feet within the McLean parcel. Bed material is composed largely of fine sand and gravel, however
manmade materials from human disturbance (rip rap) was also found along with some larger cobble. Bedform
is more diverse in the upstream extents in the forested, untouched areas of the stream. While caddisflies,
stoneflies, snail, and a salamander were observed during benthic macro -invertebrate sampling, there were
very few macroinvertebrates present overall. UT 1 shows signs of significant human disturbance and run off
0

accumulation due to previous grading and construction activities. UT 1 scored a total of 33.5 points with the
NC DWQ Stream Identification Form, see Appendix E.
UT 2 enters the McLean parcel from the west and flows south of the graded project area to the east, where it
exists the parcel. UT2 is approximately 3 feet in width and flows ± 1200 linear feet within the McLean parcel.
UT 2 presents good bedform diversity and large woody debris. Bed material is a diverse mix of gravel, cobble,
and bedrock features. Benthic sampling located several aquatic snail, 3 stoneflies, and 1 unidentified shredder
in the stream. No crayfish were found during macroinvertebrate sampling, but one crayfish burrow was
observed. UT 2 is heavily impacted by sedimentation and runoff, likely associated with prior grading and
construction upslope. UT 2 scored a total of 36.5 points with the NC DWQ Stream Identification Form, see
Appendix E.
UT 3 is an ephemeral channel found in the southern portion of the McLean parcel. UT 3 exists in a deep
natural valley, and apparently only conveys water during precipitation events. UT 3 is approximately 1 foot
wide at its widest, near the confluence with UT 2. There is a thick layer of detritus present throughout the
channel, indicating a lack of hydrology. Additionally, there is no clear differentiation between bed and bank,
and no water present in the channel bed, except a few pools found near its conveyance with UT2.
Rhododendron and other upland plants are rooted within the channel or have roots extending into the
channel bed. No macrobenthos or other aquatic fauna were observed during macroinvertebrate sampling. UT
3 scored a total of 7.0 points with the NC DWQ Stream Identification Form, see Appendix E.
7

Appendix A
Project Site Location Map

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Appendix 6
Project Site USGS Topographic Map

-81.7500"
36.1250"
3998000mN
97
96
95
94
93
92
91
90
89
87
85
36.0000"
-81.7500"
�:USGS
science for a changing world
U.S. DEPARTMENT OF THE INTERIOR
U.S. GEOLOGICAL SURVEY
The National Map
USTop o
GLOBE QUADRANGLE
all�S
NORTH CAROLINA
7.5-MINUTE SERIES
-81.6250'
433000M E 34 35 36 37 38 39 40 41 42 43 36.1250 °
33 34 35 36 37 38 39 40 41 42 443000mE
Produced by the United States Geological Survey
North American Datum of 1983 (NAD83)
World Geodetic System of 1984 (WGS84). Projection and
1 000-meter grid:Universal Transverse Mercator, Zone 17S
This map is not a legal document. Boundaries may be
generalized for this map scale. Private lands within government
reservations may not be shown. Obtain permission before
entering private lands.
Imagery .....................................................NAIP, July 2016 - November 2016
Roads ......................................... U.S. Census Bureau, 2016
Roads within US Forest Service Lands ........................FSTopo Data
with limited Forest Service updates, 2012 - 2016
Names............................................................................GNIS, 1980 - 2018
Hydrography...............................National Hydrography Dataset, 2002 - 2018
Contours............................................National Elevation Dataset, 2008
Boundaries ..............Multiple sources; see metadata file 2017 - 2018
Wetlands.................FWS National Wetlands Inventory 1983
MN
GIJ
7°25-
132 MILS
0°24-
7 MILS
UTM GRID AND 2019 MAGNETIC NORTH
DECLINATION AT CENTER OF SHEET
U.S. National Grid
100,000 - m Square ID
MV
Grid Zone Designation
17S
SCALE 1:24 000
1 0.5 0 KILOMETERS 1 2
1000 500 0 METERS 1000 2000
1 0.5 0 1
MILES
1000 0 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000
FEET
CONTOUR INTERVAL 40 FEET
NORTH AMERICAN VERTICAL DATUM OF 1988
This map was produced to conform with the
National Geospatial Program US Topo Product Standard, 2011.
A metadata file associated with this product is draft version 0.6.18
36.0000'
-81.6250'
ROAD CLASSIFICATION
Expressway o Local Connector
NORTH
CAROLINA
Secondary Hwy Local Road
Ramp 4WD
Co M
• Interstate Route US Route O State Route
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Do �
QUADRANGLE LOCATION
� Y
FS Primary Route O FS Passenger O FS High
M �
Route Clearance Route
N
1 Valle Crucis
to X
1 2 3 2 Boone
Check with local Forest Service unit
— W
3 Deep Gap
for current travel conditions and restrictions.
o CD
4 Grandfather Mountain
m
4 5 5 Buffalo Cove
6 Chestnut Mountain
co O
6 7 8 7 Collettsville
8 Lenoir
GLOBE, NC
Z
U-
ADJOINING QUADRANGLES
Q'
of
2019
z a
N 0
Z Z

Appendix C
Project Site Jurisdictional Map

1'CONTOURS BUILDINGS
6CONTOURS GRAVEL DRIVEWAY
O^VoO ROADS CONCRETEji
PARCEL BOUNDARY CULVERT
STREAMS
EPHEMERAL CHANNEL
EXISTING SILT FENCE
OAF
9UT2
m
Walter and Lou McLean
2817809839
I
Ephemeral Channel, LIT 3
±430 In ft
O'
0
0
NO
181
0
0
ca ca
IR

Appendix D
Project Site USDA NRCS Soils Map

Appendix E
NC DWQ Stream Identification Form(s)

NC DWQ Stream Identification Form Version 4.11
Date: 10/21/2020
Project/Site: McLean Site UT1
Latitude: 36.115088
Evaluator: JL
County: Caldwell
Longitude:-81.644043
Total Points:
Stream Determination (circle one)
Other
Stream is at least intermittent 33.5
Ephemeral Intermittent erennial
e.g. Quad Name:
if >_ 19 or perennial if >_ 30`
A. Geomorphology (Subtotal = 21 )
Absent
Weak
Moderate
Strong
1a. Continuity of channel bed and bank
0
1
2
3
2. Sinuosity of channel along thalweg
0
1
2)
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
1
2
3
4. Particle size of stream substrate
0
1
2
3
5. Active/relict floodplain
0
1
0
3
6. Depositional bars or benches
0
1
2
3
7. Recent alluvial deposits
0
1
2
�3
8. Headcuts
0
1
2
3
9. Grade control
0
( 0.5
1
1.5
10. Natural valley
0
0.5
1
.5
11. Second or greater order channel
No 0
Yes = 3
a artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal = 5 )
12. Presence of Baseflow
0
1
2
3
13. Iron oxidizing bacteria
0
Q
2
3
14. Leaf litter
1.5
1
0.5
0
15. Sediment on plants or debris
0
0.5
1
1.5
16. Organic debris lines or piles
0.5
1
1.5
17. Soil -based evidence of high water table?
N = 0
Yes = 3
C. Biology (Subtotal = 7.5
18. Fibrous roots in streambed
3
2
1
0
19. Rooted upland plants in streambed
D
2
1
0
20. Macrobenthos (note diversity and abundance)
0
10
2
3
21. Aquatic Mollusks
0
2
3
22. Fish
0
0.5
1
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
0
(ZE)
1
1.5
25. Algae
0.5
1
1
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL =
1.5 Other 0
'perennial streams may also be identified using other methods. See p. 35 of manual.
Notes: Salamander in stream. Significant human disturbance and runoff accumulation.
Snails caddisfly,
stonefl
but overall very few macro i nve rte brates
present during sampling. Could be due to time of year.
Sketch:

NC DWQ Stream Identification Form Version 4.11
Date: 10/21/2020
Project/Site: McLean Site UT2
Latitude: 36.114411
Evaluator: JL DP
County: Caldwell
Longitude:-81.643653
Total Points:
Stream Determination (circle one)
Other
Stream is at least intermittent 36.5
Ephemeral Intermittent erennlal
e.g. Quad Name:
if>_ 19 or perennial if>_ 30*
A. Geomorphology (Subtotal = 20 )
Absent
Weak
Moderate
Strong
1a. Continuity of channel bed and bank
0
1
2
3
2. Sinuosity of channel along thalweg
0
1
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
1
2
3
4. Particle size of stream substrate
0
1
2
3
5. Active/relict floodplain
0
1
0
3
6. Depositional bars or benches
0
1
2
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
1
2
3
9. Grade control
0
0.5
1
.5
10. Natural valley
0
0.5
1
.5
11. Second or greater order channel
No = 0
Yes 3
a artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal = 5 )
12. Presence of Baseflow
0
1
2
3
13. Iron oxidizing bacteria
1
2
3
14. Leaf litter
ZN
1.5
1
0.5
0
15. Sediment on plants or debris
0
0.5
1
1.5
16. Organic debris lines or piles
0
0.5
1
1.5
17. Soil -based evidence of high water table?
N = 0
Yes = 3
C. Biology (Subtotal = 7.5
18. Fibrous roots in streambed
3
2
1
0
19. Rooted upland plants in streambed
D
2
1
0
20. Macrobenthos (note diversity and abundance)
0
1
2
3
21. Aquatic Mollusks
0
1
2
30
22. Fish
0
0.5
1
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
OQ
0.5
1
1.5
25. Algae
0.5
1
1 1.5
26. Wetland plants in streambed
FACW = 0.75; OBL
= 1.5 Other 0
'perennial streams may also be identified using other methods. See p. 35 of manual.
Notes: No amphibians seen in stream.
Stream is heavily impacted by sediment/runoff. No crayfish noted, however
one crayfish hole was observed.
Poor diversity of macro i nve rte brates sampled.
Many aquatic snails, 3
stoneflies, one unidentified shredder. Very good bedform diversity and large woody debris.
Sketch:

NC DWO Stream Identification Form Version 4.11
Date: 10/21/2020
Project/Site: McLean Site UT3
Latitude: 36.113871
Evaluator: JL DP
County: Caldwell
Longitude:-81.645373
Total Points:
Stream Determination (circle one)
Other
Stream is at least intermittent 7
hemera Intermittent Perennial
e.g. quad Name:
if>_ 19 or perennial if>_ 30*
A. Geomorphology (Subtotal = 4 )
Absent
Weak
Moderate
Strong
1a. Continuity of channel bed and bank
0
1
2
3
2. Sinuosity of channel along thalweg
0
1
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
Q
1
2
3
4. Particle size of stream substrate
0
1
2
3
5. Active/relict floodplain
0
1
2
3
6. Depositional bars or benches
0
1
2
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
1
2
3
9. Grade control
0
0.5
1
1.5
10. Natural valley
0
0.5
1
.5
11. Second or greater order channel
No UO
Yes = 3
artiticiai ditcnes are not rated; see discussions in manual
R Hvrirnlnnv (Sllhtntal =
12. Presence of Baseflow
0
1
2
3
13. Iron oxidizing bacteria
1
2
3
14. Leaf litter
1.5
1
0.5
0
15. Sediment on plants or debris
7575
0.5
1
1.5
16. Organic debris lines or piles
CD
0.5
1
1.5
17. Soil -based evidence of high water table?
N = 0
Yes = 3
C. Biology (Subtotal = 2
18. Fibrous roots in streambed
3
2
1
0
19. Rooted upland plants in streambed
3
2
C
0
20. Macrobenthos (note diversity and abundance)
QO
1
2
3
21. Aquatic Mollusks
0
1
2
3
22. Fish
0
0.5
1
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
OQ
0.5
1
1.5
25. Algae
0.5
1 1
1
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL = 1.5 Other 0
'perennial streams may also be identified using other methods. See p. 35 of manual.
Notes: Obvious wet weather conveyance.
Channel exists in strong natural valley, and likely only flows during wet
weather. Thick layer of detritus present throughout channel indicating lack of hydrology. No
macrobenthos or other aquatic fauna observed. Rhododendron and other plant roots growing within bed.
Sketch:
Rhododendron Ephemeral channel
within bed UT3 flows into UT2 `
Detritus in channel

Appendix F
Project Photosheets

McLean
Project Photos
Photos taken: 8/20/2020 and 10/21/2020
McLean Project Site

Site Photos
McLean project site,
showing UT 1 and UT 2,
grading for proposed
building, and driveway
above failing concrete
culvert tiles.
47
I
McLean Project Site
dn'
la
10/2020

Site Photos
-ftftw-A
t
#
TYrrxyl5
Grading for proposed building (± 2.01 acres). Temporary grass seed
planted by previous contractor at the time to stabilize banks
8/2020
McLean Project Site
Lt

Site Photos
'AW j7AMMM
Silting fencing upslope of UT 2
11/2020
I "
McLean Project Site
Silt fencing and rip rap surrounding UT 1
10/2020

Site Photos
Site was seeded with
temporary grass seed from
a previous contractor
before washing out and
dying due to multiple
hurricanes. Grass to be
replanted with temporary
and permanent seed.
McLean Project Site
Grass seed washed out
and dying
10/2020
;E .

Site Photos
Temporary grass seed planted by previous contractor, washed out
due to multiple hurricanes. To be re -seeded with temporary and
permanent grass seed.
8/2020
McLean Project Site
IF-
10/2020

Site Photos
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10/2020
McLean Project Site
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10/2020
McLean Project Site

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addressed.
McLean Project Site

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11/2020
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11/2020

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Appendix G
USACE Preliminary Jurisdictional Form

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD:
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Brushy Fork Environmental Consulting, Inc.
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Asheville, NC
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Caldwell City: Lenoir
Center coordinates of site (lat/long in degree decimal format):
Lat.: 36.115212 Long.:-81.643711
Universal Transverse Mercator:
Name of nearest waterbody: Yadkin River
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
❑■ Field Determination. Date(s): 10-21-2020
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)
UT 1
36.115088
-81.644043
650 In ft
Non -wetland waters
401 /404
UT 2
36.114411
-81.643653
1200 In ft
Non -wetland waters
401 /404

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

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
■❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:
0 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: Globe 7.5 Minute Quandrangle
❑ 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): McLean Photosheets, 8/20/2020, 10/21/2020 and 11/9/2020
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later jurisdictional
determinations.
Signature and date of
Regulatory staff member
completing PJD
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.