20201025 Ver 1_Revised JD_20210108

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. 2019-01042 County: Avery U.S.G.S. Quad: NC- Linville Falls

NOTIFICATION OF JURISDICTIONAL DETERMINATION

Requestor: Sibelco North America, Inc.
Doug Myers
Address: 6000 Fairview Road, Suite 350
Charlotte, NC 28210
Telephone Number: 828-765-4283
E-mail: [e-mail]

Size (acres) 56 Nearest Town Spruce Pine
Nearest Waterway North Toe River River Basin French Broad-Holston
USGS HUC 06010108 Coordinates Latitude: 35.955004
Longitude: -81.982874

Location description: The site known as “Ollis Expansion” is located along 900 State Road 1101, in Spruce Pine, Avery County,
NC.

Indicate Which of the Following Apply:
A. Preliminary Determination

There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.

There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination

There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.

There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.

We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.

2019-01042

The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated 1/8/2021 (Figure 1). We
strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which,
provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.

The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.

There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.

The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.

Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Amanda Jones at 828-271-7980 ext. 4225 or
[e-mail].

C. Basis for Determination: See the approved jurisdictional determination form dated 1/8/2021 and
attached Figure 1.
D. Remarks: This determination replaces the previously approved determination dated 11/06/2019.

E. Attention USDA Program Participants

This delineation/determination has been conducted to identify the limits of Corps’ Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.

F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)

This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:

US Army Corps of Engineers
South Atlantic Division
Attn: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801

In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by 3/8/2021.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**

2019-01042

Corps Regulatory Official: ______________________________________________________

Date of JD: 1/8/2021 Expiration Date of JD: 1/9/2025
FUEMMELER.AMAN
DA.JONES.12428350
90
Digitally signed by
FUEMMELER.AMANDA.JONES.124
2835090
Date: 2021.01.08 13:21:57 -05'00'

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Sibelco North America, Inc., Doug Myers File Number: 2019-01042 Date: 1/8/2021
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
x ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
x OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
x ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
x APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
x ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
x APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.

SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)

ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division
Attn: Amanda Jones
Asheville Regulatory Office
U.S Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801

If you only have questions regarding the appeal process you may
also contact:
Mr. Phillip Shannin, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.

________________________________________
Signature of appellant or agent.
Date: Telephone number:

For appeals on Initial Proffered Permits send this form to:

District Engineer, Wilmington Regulatory Division, Attn: Amanda Jones, 69 Darlington Avenue, Wilmington, North Carolina
28403

For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:

Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

Copies Furnished:
ClearWater Environmental Consultants, Inc / Attn: Clement Riddle (via email)

^_^_
^_
W5
W2
W14
W3
W10
SC-4
W17
W16
W6
W11
W9W1W4
W7
W13
W8
W12S3
S3S4S1
S2W15
Ollis :DVWH$UHDExpansion (+/- 56 AC)
Ü
05001,000250
Feet
Legend
Project Boundary
Sediment Control Pond
Wetlands
Jurisdictional Wetland
Non-Jurisdictional Wetland
Perennial Stream (Tributary)
Intermittent Stream (Tributary)
Culvert
Contours (4ft)
^_Data Form
32 Clayton Street
Asheville, North Carolina 28801
Stream & Wetland
Delineation Map
Delineated March 21, 2019
Figure 
Avery County,
North Carolina
Drawn by: BWY 3.22.19; CEC Project# 671
Updated: 7.20.2020
Jurisdictional wetlands and waters identified on this map
have been located within sub-meter accuracy utilizing a
Trimble mapping grade Global Positioning System (GPS)
and the subsequent differential correction of that data.
GPS points may demonstrate uncorrectable errors due to
topography, vegetative cover, and/or multipath signal
error.
Note: The illustrated wetland and stream locations are
approximate. These areas have been flagged in the field;
however, they have not been surveyed. Although
ClearWater Environmental Consultants, Inc. (CEC) is
confident in our assessment, the US Army Corps of
Engineers (Corps) is the only agency that can make final
decisions regarding jurisdictional wetland and waters of
the US delineations. Therefore, all preliminary
determinations are subject to change until written
verification is obtained. CEC strongly recommends that
written verification be obtained from the Corps prior to
closing on the property, beginning any site work, or
making any legal reliance on this determination.
This map was prepared by CEC using the best
information available to CEC at the time of production.
This map is for informational purposes only and should
not be used to determine precise boundaries, roadways,
property boundary lines, nor legal descriptions. This map
shall not be construed to be an official survey of any data
depicted.
Source Data:
Topo - Avery County
Project Boundary - Sibelco North American Inc.
Non-Wetland Waters
of the US (NWPR: A2)
Wetland Waters
of the US (NWPR: A4)
Non-jurisdictional Wetland
(NWPR: B1)
Wetland Waters
of the US (NWPR: A4)
Wetland Waters
of the US (NWPR: A4)
Non-jurisdictional Wetland
(NWPR: B1)
Non-jurisdictional Wetland
(NWPR: B1)
Wetland Waters
of the US (NWPR: A4)
Non-Wetland Waters
of the US (NWPR: A2)
Non-Wetland Waters
of the US (NWPR: A2)
Non-Regulated Wetland
Non-jurisdictional Wetland
(NWPR: B9)
Non-jurisdictional Waters
(NWPR: B10)
W1 0.006 S1 163
W2 0.054 S2 85
W9 0.001 S3 512
W11 0.034 S4 197
W13 0.006
W14 0.002
W16 0.035
W17 0.190
Total 0.328 Total 957
W3 0.008
W4 0.009 SC-4 1.086
W5 0.052
W6 0.027
W7 0.004
W8 0.004
W10 0.001
W12 0.004
W15 0.406
Total 0.515 Total 1.086
Jurisdictional Water
Wetland (AC)
Wetland (AC) Stream (LF)
Non-Regulated Waters/Wetlands
Sediment Control
Pond (AC)
Approved 1/08/2021
U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE

Page 1 of 5 Form Version 29 July 2020_updated
I. ADMINISTRATIVE INFORMATION
Completion Date of Approved Jurisdictional Determination (AJD): 1/8/2021
ORM Number: SAW-2019-01042
Associated JDs: N/A or ORM numbers and identifiers (e.g. HQS-2020-00001-MSW-MITSITE).
Review Area Location1: State/Territory: North Carolina City: Spruce Pine County/Parish/Borough: Avery
County
Center Coordinates of Review Area: Latitude 35.955004 Longitude -81.982874

II. FINDINGS
A. Summary: Check all that apply. At least one box from the following list MUST be selected. Complete the
corresponding sections/tables and summarize data sources.
☐ The review area is comprised entirely of dry land (i.e., there are no waters or water features, including
wetlands, of any kind in the entire review area). Rationale: N/A or describe rationale.
☐ There are “navigable waters of the United States” within Rivers and Harbors Act jurisdiction within the
review area (complete table in Section II.B).
☒ There are “waters of the United States” within Clean Water Act jurisdiction within the review area
(complete appropriate tables in Section II.C).
☒ There are waters or water features excluded from Clean Water Act jurisdiction within the review area
(complete table in Section II.D).

B. Rivers and Harbors Act of 1899 Section 10 (§ 10)2
§ 10 Name § 10 Size § 10 Criteria Rationale for § 10 Determination
N/A. N/A. N/A N/A. N/A.
C. Clean Water Act Section 404
Territorial Seas and Traditional Navigable Waters ((a)(1) waters):3
(a)(1) Name (a)(1) Size (a)(1) Criteria Rationale for (a)(1) Determination
N/A. N/A. N/A. N/A. N/A.

Tributaries ((a)(2) waters):
(a)(2) Name (a)(2) Size (a)(2) Criteria Rationale for (a)(2) Determination
S1 163 linear
feet
(a)(2) Perennial
tributary
contributes
surface water
flow directly or
indirectly to an
(a)(1) water in a
typical year.
S1 is an unnamed tributary to Brushy Creek with
perennial flow.

1 Map(s)/figure(s) are attached to the AJD provided to the requestor.
2 If the navigable water is not subject to the ebb and flow of the tide or included on the District’s list of Rivers and Harbors Act Section 10 navigable
waters list, do NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to
make a Rivers and Harbors Act Section 10 navigability determination.
3 A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific
segment of river or stream or other type of waterbody, such as a lake, where upstream or downstream limits or lake borders are established. A stand-
alone TNW determination should be completed following applicable guidance and should NOT be documented on the AJD Form.
U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE

Page 2 of 5 Form Version 29 July 2020_updated
Tributaries ((a)(2) waters):
(a)(2) Name (a)(2) Size (a)(2) Criteria Rationale for (a)(2) Determination
S2 85 linear
feet
(a)(2) Intermittent
tributary
contributes
surface water
flow directly or
indirectly to an
(a)(1) water in a
typical year.
S2 is an unnamed tributary to Brushy Creek with
intermittent flow.

S3 512 linear
feet
(a)(2) Perennial
tributary
contributes
surface water
flow directly or
indirectly to an
(a)(1) water in a
typical year.
S3 is an unnamed tributary to Brushy Creek with
perennial flow.

S4 197 linear
feet
(a)(2) Intermittent
tributary
contributes
surface water
flow directly or
indirectly to an
(a)(1) water in a
typical year.
S4 is an unnamed tributary to Brushy Creek with
intermittent flow.

Lakes and ponds, and impoundments of jurisdictional waters ((a)(3) waters):
(a)(3) Name (a)(3) Size (a)(3) Criteria Rationale for (a)(3) Determination
N/A. N/A. N/A. N/A. N/A.

Adjacent wetlands ((a)(4) waters):
(a)(4) Name (a)(4) Size (a)(4) Criteria Rationale for (a)(4) Determination
W1 0.006 acre(s) (a)(4) Wetland
abuts an (a)(1)-
(a)(3) water.
W1 abuts an unnamed tributary to Brushy Creek.
W2 0.054 acre(s) (a)(4) Wetland
abuts an (a)(1)-
(a)(3) water.
W2 abuts an unnamed tributary to Brush Creek.
W9 0.001 acre(s) (a)(4) Wetland
abuts an (a)(1)-
(a)(3) water.
W9 abuts an unnamed tributary to Brush Creek.
W11 0.034 acre(s) (a)(4) Wetland
abuts an (a)(1)-
(a)(3) water.
W11 abuts an unnamed tributary to Brushy Creek.
W13 0.006 acre(s) (a)(4) Wetland
abuts an (a)(1)-
(a)(3) water.
W13 abuts an unnamed tributary to Brushy Creek.
U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE

Page 3 of 5 Form Version 29 July 2020_updated
Adjacent wetlands ((a)(4) waters):
(a)(4) Name (a)(4) Size (a)(4) Criteria Rationale for (a)(4) Determination
W14 0.002 acre(s) (a)(4) Wetland
abuts an (a)(1)-
(a)(3) water.
W14 abuts an unnamed tributary to Brushy Creek
W16 0.035 acre(s) (a)(4) Wetland
abuts an (a)(1)-
(a)(3) water.
W16 abuts an unnamed tributary to Brushy Creek.
S4 abuts W17. W17 has a direct hydrologic
connection to S3 via culvert through a manmade
feature.
W17 0.190 acre(s) (a)(4) Wetland
abuts an (a)(1)-
(a)(3) water.
W17 abuts an unnamed tributary to Brushy Creek.
S4 is in a culvert where it abuts W17.
D. Excluded Waters or Features
Excluded waters ((b)(1) – (b)(12)):4
Exclusion Name Exclusion Size Exclusion5 Rationale for Exclusion Determination
W3 0.008 acre(s) (b)(1) Non-
adjacent wetland.
W3 lacks a direct surface water connection to
A1-A4 waters and is not inundated by any A1-A4
waters within a typical year.
W4 0.009 acre(s) (b)(1) Non-
adjacent wetland.
W4 lacks a direct surface water connection to
A1-A4 waters and is not inundated by any A1-A4
waters within a typical year.
W5 0.052 acre(s) (b)(1) Non-
adjacent wetland.
W5 lacks a direct surface water connection to
A1-A4 waters and is not inundated by any A1-A4
waters within a typical year.
W6 0.027 acre(s) (b)(1) Non-
adjacent wetland.
W6 lacks a direct surface water connection to
A1-A4 waters and is not inundated by any A1-A4
waters within a typical year.
W7 0.004 acre(s) (b)(1) Non-
adjacent wetland.
W7 lacks a direct surface water connection to
A1-A4 waters and is not inundated by any A1-A4
waters within a typical year.
W8 0.004 acre(s) (b)(1) Non-
adjacent wetland.
W8 lacks a direct surface water connection to
A1-A4 waters and is not inundated by any A1-A4
waters within a typical year.
W10 0.001 acre(s) (b)(1) Non-
adjacent wetland.
W10 lacks a direct surface water connection to
A1-A4 waters and is not inundated by any A1-A4
waters within a typical year.
W12 0.004 acre(s) (b)(1) Non-
adjacent wetland.
W12 lacks a direct surface water connection to
A1-A4 waters and is not inundated by any A1-A4
waters within a typical year.
W15 0.406 acre(s) (b)(9) Water-filled
depression
constructed/exca
vated in
W15 is water filled depression that is a result of
excavation of uplands for mining activities.

4 Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requestor specifically asks a Corps district
to do so. Corps districts may, in case-by-case instances, choose to identify some or all of these waters within the review area.
5 Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1)
exclusion, four sub-categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub-categories are not
new exclusions, but are simply administrative distinctions and remain (b)(1) exclusions as defined by the NWPR.
U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE

Page 4 of 5 Form Version 29 July 2020_updated
Excluded waters ((b)(1) – (b)(12)):4
Exclusion Name Exclusion Size Exclusion5 Rationale for Exclusion Determination
upland/non-
jurisdictional
water incidental
to
mining/constructi
on or pit
excavated in
upland/non-
jurisdictional
water to obtain
fill/sand/gravel.
SC-4 1.086 acre(s) (b)(10)
Stormwater
control feature
constructed or
excavated in
upland or in a
non-jurisdictional
water to convey,
treat, infiltrate, or
store stormwater
runoff.
SC-4 is a sediment basin, excavated in former
uplands, used for stormwater control.
III. SUPPORTING INFORMATION
A. Select/enter all resources that were used to aid in this determination and attach data/maps to this
document and/or references/citations in the administrative record, as appropriate.
☒ Information submitted by, or on behalf of, the applicant/consultant: Figure 1 Delineation Map and
supporting data forms.
This information is sufficient for purposes of this AJD.
Rationale: See above descriptions/rationale
☐ Data sheets prepared by the Corps: Title(s) and/or date(s).
☒ Photographs: Aerial: NCCGIA 2015
☒ Corps site visit(s) conducted on: March 21, 2019
☒ Previous Jurisdictional Determinations (AJDs or PJDs): November 6, 2019 Approved Jurisdicitonal
Determination (Action ID: 2019-01042).
☒ Antecedent Precipitation Tool: provide detailed discussion in Section III.B.
☒ USDA NRCS Soil Survey: NRCS Web Soil Survey
☐ USFWS NWI maps: Title(s) and/or date(s).
☒ USGS topographic maps: Linville Falls 1:24,000 scale Quad.

Other data sources used to aid in this determination:
Data Source (select) Name and/or date and other relevant information
USGS Sources N/A.
USDA Sources N/A.
NOAA Sources N/A.
U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE

Page 5 of 5 Form Version 29 July 2020_updated
Data Source (select) Name and/or date and other relevant information
USACE Sources N/A.
State/Local/Tribal Sources N/A.
Other Sources N/A.
B. Typical year assessment(s): APT results indicate site is experiencing wetter than normal conditions.

C. Additional comments to support AJD: N/A or provide additional discussion as appropriate.

Aug
2018
Sep
2018
Oct
2018
Nov
2018
Dec
2018
Jan
2019
Feb
2019
Mar
2019
Apr
2019
May
2019
Jun
2019
Jul
2019
0
2
4
6
8
10
12
14
16
Rainfall (Inches)2019-03-21
2019-02-19
2019-01-20
Antecedent Precipitation vs Normal Range based on NOAA's Daily Global Historical Climatology Network
Daily Total
30-Day Rolling Total
30-Year Normal Range
30 Days Ending 30th %ile (in)70th %ile (in)Observed (in)Wetness Condition Condition Value Month Weight Product
2019-03-21 4.484646 6.385433 6.870079 Wet 3 3 9
2019-02-19 2.909055 5.305906 4.255906 Normal 2 2 4
2019-01-20 3.777165 6.631496 6.779528 Wet 3 1 3
Result Wetter than Normal - 16
Coordinates 35.954802, -81.983071
Observation Date 2019-03-21
Elevation (ft)2877.74
Drought Index (PDSI)Extreme wetness
WebWIMP H2O Balance Wet Season
Weather Station Name Coordinates Elevation (ft)Distance (mi)Elevation Weighted Days (Normal)Days (Antecedent)
CELO 2 S 35.8264, -82.1836 2700.131 14.307 177.609 8.979 9058 63
SPRUCE PINE 2 NE 35.9325, -82.0019 2850.066 1.866 27.674 0.892 2083 24
LINVILLE FALLS 0.5 SW 35.9544, -81.952 3361.877 1.738 484.137 1.624 54 2
SPRUCE PINE 3.7 ESE 35.889, -82.0125 2735.892 4.835 141.848 2.862 10 1
BAKERSVILLE 2.5 SE 35.989, -82.128 2930.118 8.442 52.378 4.241 2 0
ROAN MTN 3SW 36.1636, -82.0953 2922.9 15.73 45.16 7.789 132 0
VALLE CRUCIS 1.4 SSE 36.1912, -81.7682 3179.134 20.268 301.394 15.229 3 0
BOONE 1 SE 36.2139, -81.6456 3100.066 25.992 222.326 17.475 10 0
N FK 2 35.6631, -82.3444 2479.987 28.568 397.753 24.218 1 0