20201899 Ver 1_More Info Received_20210127

Homewood, Sue
From: Ward Marotti <[e-mail]>
Sent: Wednesday, January 27, 2021 8:43 AM
To: Homewood, Sue
Cc: Maria Polizzi
Subject: [External] DWR# 20201899: Additional Information Request
Attachments: StillhouseAJD Rapanos Form.pdf
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Sue:
Pursuant to your 20 January 2021 request, attached please find additional USACE jurisdictional status documentation,
including both the "Rapanos" Approved Jurisdictional Determination Form (no longer in use), the current USACE AJD
submittal package, as well as USACE's 26 October 2020 concurrence that wetlands WA, WB and WC are not subject to
Section 404 of the Clean Water Act.
I look forward to meeting you at the site (southern tip of Terrell St., Graham, NC) at 11:00 on Friday (29 January 2021).
&a
in G f
Ward Marotti
Vice President
Director - Land & Water Resources
A 525 N. Tryon St., Suite 1600
Charlotte, NC 28202
P 866-772-6453 O 980-308-9888
E [e-mail]
W spanglerenvironmental.com
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APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION L• BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State: NC County/parish/borough: Allamance City: Graham
Center coordinates of site (lat/long in degree decimal format): Lat. 36.046669' 1, Long.-79.386990' �.
Universal Transverse Mercator:
Name of nearest waterbody: Haw River
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows:
Name of watershed or Hydrologic Unit Code (HUC): Boyds Creek -Haw River (030300020408)
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
❑ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
® Field Determination. Date(s): 19/10/2020
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR past 329) in
the review area. [Required]
❑ Waters subject to the ebb and flow of the tide.
❑ Waters are presently used, or have been used in the past, or maybe susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There AN "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): r
❑ TNWs, including territorial seas
❑ Wetlands adjacent to TNWs
® Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
❑ Non-RPWs that flow directly or indirectly into TNWs
❑ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
Impoundments of jurisdictional waters
Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non -wetland waters: 990 linear feet: width (ft) and/or acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: Established by OHWM.
Elevation of established OHWM (if known):
2. Non -regulated waters/wetlands (check if applicable):'
® Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain: WB and WC are surrounded by uplands, horizontally seperated from RPWs by over 3001f, at the nearest
point and vertically separated from RPWs by over 40 feet. As a result, they are neither diredcly abutting, nor adjacent
to an RPW or other jurisdictional feature. No evidence is present of flow frequency, volume or duration between
wetlands WA, WB and WC and the nearest RPWs. Similarly, there is no evidence of the transfer of nutirents or
1 Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
s Supporting documentation is presented in Section III.F.

organic carbon, connection of aquatic habitat (e.g. spawing areas), or other water quality and/or aquatic habitat
connectivity or other functions that contribute to the maintenance of water quality, aquatic life, commerce, navigation,
recreation or public health in the closest RPW or the downstream TNW (Haw River).

SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section I LAA and Section IILD.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections I LAA and 2
and Section ULD.1.; otherwise, see Section I LB below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, slap to Section I LD.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
slap to Section IILD.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section I LB.1 for
the tributary, Section I LB.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.0 below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: acres
Drainage area: Pick List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
❑ Tributary flows through 2 tributaries before entering TNW.
Project waters are Pick List river miles from TNW.
Project waters are Pick List river miles from RPW.
Project waters are Pick List aerial (straight) miles from TNW.
Project waters are Pick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain: N/A.
Identify flow route to TNWS:
a Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
'Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.

Tributary stream order, if known:
(b) General Tributary Characteristics (check all that apply):
Tributary is: ❑ Natural
❑ Artificial (man-made). Explain:
❑ Manipulated (man -altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Pick List.
Primary tributary substrate composition (check all that apply):
❑ Silts ❑ Sands
❑ Cobbles ❑ Gravel
❑ Bedrock ❑ Vegetation. Type/% cover:
❑ Other. Explain:
❑ Concrete
❑ Muck
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/ op of complexes. Explain:
Tributary geometry:
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: Pick List
Estimate average number of flow events in review area/year: Pick List
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pick List. Characteristics:
Subsurface flow: Pick List. Explain findings:
❑ Dye (or other) test performed:
Tributary has (check all that apply):
❑ Bed and banks
❑ OHWM6 (check all indicators that apply):
❑ clear, natural line impressed on the bank
❑
the presence of litter and debris
❑ changes in the character of soil
❑
destruction of terrestrial vegetation
❑ shelving
❑
the presence of wrack line
❑ vegetation matted down, bent, or absent
❑
sediment sorting
❑ leaf litter disturbed or washed away
❑
scour
❑ sediment deposition
❑
multiple observed or predicted flow events
❑ water staining
❑
abrupt change in plant community
❑ other (list):
❑ Discontinuous OHWM.' Explain:
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
High Tide Line indicated by: ,❑ Mean High Water Mark indicated by:
❑ oil or scum line along shore objects ❑ survey to available datum;
❑ fine shell or debris deposits (foreshore) ❑ physical markings;
❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types.
❑ tidal gauges
❑ other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.

(iv) Biological Characteristics. Channel supports (check all that apply):
❑ Riparian corridor. Characteristics (type, average width):
❑ Wetland fringe. Characteristics:
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain fmdings:
❑ Other environmentally -sensitive species. Explain findings:
❑ Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain: .
Wetland quality. Explain: .
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Pick List. Explain: Wetland surface water releases at higher rain events. Wetlands flow into the culvert and
then into the tributary.
Surface flow is: Pick List
Characteristics:
Subsurface flow: Pick List. Explain findings:
❑ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
❑ Ecological connection. Explain:
❑ Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the Pick List floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
❑ Riparian buffer. Characteristics (type, average width):
❑ Vegetation type/percent cover. Explain: Forested/ 100% cover.
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain fmdings:
❑ Other environmentally -sensitive species. Explain findings:
❑ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick List
Approximately ( ) acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERDIINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERDIINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
❑ TNWs: linear feet width (ft), Or, acres.
❑ Wetlands adjacent to TNWs: acres.
RPWs that flow directly or indirectly into TNWs.
® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: 49.5 on DWQ Stream Form 4.11.
❑ Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section IILB. Provide rationale indicating that tributary flows
seasonally:

Provide estimates for jurisdictional waters in the review area (check all that apply):
17 Tributary waters: linear feet width (ft).
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWs' that flow directly or indirectly into TNWs.
❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section IILC.
Provide estimates for jurisdictional waters within the review area (check all that apply):
❑ Tributary waters: linear feet width (ft).
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
❑ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
❑ Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
❑ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section IILD.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section IILC.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters?
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
❑ Demonstrate that impoundment was created from "waters of the U.S.," or
❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
❑ Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):"
❑ which are or could be used by interstate or foreign travelers for recreational or other purposes.
❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
❑ which are or could be used for industrial purposes by industries in interstate commerce.
❑ Interstate isolated waters. Explain:
❑ Other factors. Explain:
'See Footnote # 3.
9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
"Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.

Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
❑ Tributary waters: linear feet width (ft).
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
❑ Wetlands: acres.
F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
® Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
® Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: Wetlands WA,
WB and WC are surrounded by uplands, horizontally seperated from RPWs by over 3001f and vertically separated from
RPWs by over 40 feet at the nearest point. As a result, they are neither diredcly abutting, nor adjacent to an RPW or other
jurisdictional feature. No evidence is present of flow frequency, volume or duration between wetlands WA, WB and WC
and the nearest RPWs. Similarly, there is no evidence of the transfer of nutirents or organic carbon, connection of aquatic
habitat (e.g. spawing areas), or other water quality and/or aquatic habitat connectivity or other functions that contribute to
the maintenance of water quality, aquatic life, commerce, navigation, recreation or public health in the closest RPW or the
downstream TNW (Haw River).
Other. (explain, if not covered above):
Provide acreage estimates for non -jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
❑ Non -wetland waters (i.e., rivers, streams): linear feet width (ft).
❑ Lakes/ponds: acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
❑ Wetlands: acres.
Provide acreage estimates for non -jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
❑ Non -wetland waters (i.e., rivers, streams): linear feet, width (ft).
❑ Lakes/ponds: acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
® Wetlands: 0.54 acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name:
® USDA 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 Geodectic Vertical Datum of 1929)
❑ Photographs: ❑ Aerial (Name & Date): .
or ❑ Other (Name & Date): Site photographs.
❑ Previous determination(s). File no. and date of response letter:
❑ Applicable/supporting case law:

❑ Applicable/supporting scientific literature:
❑ Other information (please specify): .
B. ADDITIONAL COMMENTS TO SUPPORT JD: See attached USACE AJD submittal and concurrance.

From: Hopper, Christopher D CIV (USA) <[e-mail]>
Sent: Monday, October 26, 2020 4:01 PM
To: Ward Marotti
Subject: RE: Site Visit: SAW-2020-01529--Stillhouse Farms / 0 Cheeks Lane / 0 Old Farm Road / 0 E Moore
Street / Graham / Alamance County
Thanks, Ward:
The map appears to accurately represent the boundaries of features we visited on Monday, October 19t", 2020. 1 will use
this map to prepare the Approved Jurisdictional Determination. That document would clarify the applicability of Section
404 permitting requirements, and absence of connection to any a(1), a(2), or a(3) water.
Per our discussion on -site, please forward a copy of the editable wetland data forms used for this property. I will use
these forms to complete the upland data points needed for the application.
Christopher D. Hopper
Regulatory Specialist
U.S. Army Corps of Engineers
Regulatory Division
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
[phone], Ext. 35
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey can
be accessed by copying and pasting the following link into your web browser:
http://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0. Thank you for taking the time to visit this site and complete
the survey.
From: Ward Marotti <ward@spanglerenvironmentaLcom>
Sent: Friday, October 23, 2020 11:22 AM
To: Hopper, Christopher D CIV (USA) <[e-mail]>
Subject: [Non-DoD Source] RE: Site Visit: SAW-2020-01529--Stillhouse Farms / 0 Cheeks Lane / 0 Old Farm Road / 0 E
Moore Street / Graham / Alamance County
Chris:
Per the text edits you requested, attached please find the updated map. Please advise that our site visit confirmed the
jurisdictional status, location and extent of the resources shown in the attached (i.e. the three wetland areas are not
Waters of the United States and, therefore, within the parcel boundary shown, only the streams shown on the attached
are subject to Sections 404 and 401 of the Clean Water Act).
Please call should you have questions or require additional clarification.
Ward Marotti
Vice President
SPANGLED Director - Land & Water Resources
FAUFfiOMWML INC.

A 525 N. Tryon St., Suite 1600
Charlotte, NC 28202
P 866-772-6453 O 980-308-9888
E ward@si)analerenvironmental.com
W si)analerenvironmental.com
i n Cs f
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From: Ward Marotti <[e-mail]>
Sent: Thursday, September 24, 2020 2:22 PM
To: Hopper, Christopher D CIV (USA) <[e-mail] >
Subject: [Non-DoD Source] RE: Site Visit: SAW-2020-01529--Still house Farms / 0 Cheeks Lane / 0 Old Farm Road / 0 E
Moore Street / Graham / Alamance County
How about the 20t" at 10:00?
I'll be on vacation the previous week .... going to a few different mountain cabins to look at the leaves!
Meet at the eastern end of Winesap Dr.? It's about in the middle of the site. My phone says the address is 501-515
Winesap Dr. Graham, NC 27253
Ward Marotti
Vice President
Director - Land & Water Resources
SPANGLER
ENWROMMEMTAL. 114C.
525 N. Tryon St. Suite 1600, Charlotte, NC 28202
Phone [phone]
Direct 980-308-9888
Email [e-mail]
Website spanglerenvironmental. com

Any email message sent by any employee of Spangler Environmental is intended only for the identified recipient. It (and any
attachment) is strictly confidential and may contain attorney -privileged work product. If you have obtained an email by error or you are
not the identified recipient, please notify the sender by calling toll free 1-866-772-6453, then delete the email (and any attachment)
from your system. Use of the email (or any attachment) by any person other than the identified recipient is strictly prohibited.
From: Hopper, Christopher D CIV (USA) <[e-mail]>
Sent: Thursday, September 24, 2020 2:13 PM
To: Ward Marotti <[e-mail]>
Subject: RE: Site Visit: SAW-2020-01529--Still house Farms / 0 Cheeks Lane / 0 Old Farm Road / 0 E Moore Street /
Graham / Alamance County
Thanks Man - I can do the 15th or the 20th of October - do either work for you? I'd like to aim for no earlier than 9am as
a start if that's okay.
Christopher D. Hopper
Regulatory Specialist
U.S. Army Corps of Engineers
Regulatory Division
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
[phone], Ext. 35
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey can
be accessed by copying and pasting the following link into your web browser:
BlockedBlockedBlockedhttp://corpsmapu.usace.army.miI/cm apex/f?p=136:4:0. Thank you for taking the time to visit
this site and complete the survey.
From: Ward Marotti <[e-mail]>
Sent: Thursday, September 24, 2020 1:12 PM
To: Hopper, Christopher D CIV (USA) <[e-mail] >
Subject: [Non-DoD Source] RE: Site Visit: SAW-2020-01529--Stillhouse Farms / 0 Cheeks Lane / 0 Old Farm Road / 0 E
Moore Street / Graham / Alamance County
Submittal is attached, as is the Agent Authorization.
Hope you are well too!
Ward Marotti
Vice President
Director - Land & Water Resources

SPANGLER
CNY1R NMC1gTAL- INC,
525 N. Tryon St. Suite 1600, Charlotte, NC 28202
Phone [phone]
Direct 980-308-9888
Email [e-mail]
Website spanglerenvironmental. com
Any email message sent by any employee of Spangler Environmental is intended only for the identified recipient. It (and any
attachment) is strictly confidential and may contain attorney -privileged work product. If you have obtained an email by error or you are
not the identified recipient, please notify the sender by calling toll free 1-866-772-6453, then delete the email (and any attachment)
from your system. Use of the email (or any attachment) by any person other than the identified recipient is strictly prohibited.
From: Hopper, Christopher D CIV (USA) <[e-mail]>
Sent: Wednesday, September 23, 2020 12:15 PM
To: Ward Marotti <[e-mail]>
Subject: RE: Site Visit: SAW-2020-01529--Still house Farms / 0 Cheeks Lane / 0 Old Farm Road / 0 E Moore Street /
Graham / Alamance County
Hey man — been a crazy month. I hope you're well.
I looked in the folder when you sent the previous message but it was empty. I reached out to our admin to see if they
could get it to me, but haven't heard back.
Can you send me the PJD app directly?

Christopher D. Hopper
Regulatory Specialist
U.S. Army Corps of Engineers
Regulatory Division
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
[phone], Ext. 35
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey can
be accessed by copying and pasting the following link into your web browser:
BlockedBlockedBlockedBlockedhttp://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0. Thank you for taking the time
to visit this site and complete the survey.
From: Ward Marotti <[e-mail]>
Sent: Tuesday, September 22, 2020 10:21 AM
To: Hopper, Christopher D CIV (USA) <[e-mail]?
Cc: Methven, Gray<[e-mail]>
Subject: [Non-DoD Source] Site Visit: SAW-2020-01529--Still house Farms / 0 Cheeks Lane / 0 Old Farm Road / 0 E Moore
Street / Graham / Alamance County
Chris:
Per my previous request, please advise when you will be able to visit the above -referenced site.
Thanks.
Ward Marotti
Vice President
Director - Land & Water Resources

SPANGLER
ENVIRONMENTAL, INC.
525 N. Tryon St. Suite 1600, Charlotte, NC 28202
Phone [phone]
Direct 980-308-9888
Email [e-mail]
Website spanglerenvironmental.com
100
Any email message sent by any employee of Spangler Environmental is intended only for the identified recipient. It (and any
attachment) is strictly confidential and may contain attorney -privileged work product. If you have obtained an email by error or you are
not the identified recipient, please notify the sender by calling toll free 1-866-772-6453, then delete the email (and any attachment)
from your system. Use of the email (or any attachment) by any person other than the identified recipient is strictly prohibited.

urisdictional Determination Reauest
US Army Corps
of Engineers.
Wilmington District
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.aimy.mil/Missions/Re ul�atoiyPermitProi4ram/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: [phone]
Fax Number: [phone]
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
General Number: [phone]
Fax Number: [phone]
INSTRUCTIONS:
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
General Number: [phone]
Fax Number: [phone]
WILMINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
General Number: 910-251-4633
Fax Number: [phone]
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.
Version: May 2017 Page 1

Jurisdictional Determination Request
A. PARCEL INFORMATION
Street Address: 0 Cheeks Lane
City, State:
Graham, NC
County: Alamance
Parcel Index Number(s) (PIN): 144439,144823 and 144808
B. REQUESTOR INFORMATION
Name: Ward Marotti
Mailing Address: 525 N. Tryon St. Suite 1600
Charlotte, NC 28202
Telephone Number: 919-368-8043
Electronic Mail Address: [e-mail]
Select one:
❑ I am the current property owner.
❑ I am an Authorized Agent or Environmental Consultanti
❑ Interested Buyer or Under Contract to Purchase
❑ Other, please explain.
C. PROPERTY OWNER INFORMATION
Name: Stillhouse Farms, LLC
Mailing Address: PO BOX 597
Burlington, NC 27216
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).
Version: May 2017 Page 2

Jurisdictional Determination Request
D. PROPERTY ACCESS CERTIFICATION',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.
Ward Marotti
Print Name
Capacity: ❑ Owner ❑✓ Authorized Agents
25 August 2020
Date ,-, %i
Signature
E. REASON FOR JD REQUEST: (Check as many as applicable)
❑ I intend to construct/develop a projector perform activities on this parcel which would be
designed to avoid all aquatic resources.
❑✓ I intend to construct/develop a projector perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources under Corps authority.
I intend to construct/develop a projector 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 projector 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:
s For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
a If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
s Must provide agent authorization form/letter signed by owner(s).
Version: May 2017 Page 3

Jurisdictional Determination Request
F. JURISDICTIONAL DETERNIINATION (JD) TYPE (Select One)
I am requesting that the Corps provide a preliminM 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 68.5 acres.
❑✓ The property boundary (or review area boundary) is clearly physically marked on the site.
Version: May 2017 Page 4

Jurisdictional Determination Request
H. REQUESTS FROM CONSULTANTS
Project Coordinates (Decimal Degrees): Latitude: 36.046669
Longitude:-79.386990
A legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than 1 Ix 17 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. hM2://www.saw.usace.4rmy.mil/Missions/Regulatoly-Permit-
Pro gram/Jurisdiction/
Version: May 2017 Page 5

Jurisdictional Determination Request
DX Completed appropriate Jurisdictional Determination form
• PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the
Aquatic Resource Table
• AJDS• please complete an Approved Jurisdictional Determination Form'.
❑ Vicinity Map
❑X 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
hJ Other Assessment Forms
' www.saw.usace.4rmy.mil/Portals/59/docs/regulatory/readocs/JD/RGL 08-02_App A Prelim _JD_Form fillable.pdf
8 Please see hM2://www.saw.usace.4M.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 federaljurisdiction 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.
Version: May 2017 Page 6

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
I. ADMINISTRATIVE INFORMATION
Completion Date of Approved Jurisdictional Determination (AJD): Select.
ORM Number:
Associated JDs:
Review Area Location': State/Territory: City: Graham County/Parish/Borough: Alamar
Center Coordinates of Review Area: Latitude 36.046669 Longitude-79.386990
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:
❑ There are "navigable waters of the United States" within Rivers and Harbors Act jurisdiction within the
review area (complete table in Section 11.13).
❑x There are "waters of the United States" within Clean Water Act jurisdiction within the review area
(complete appropriate tables in Section II.C).
❑x 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 I N/i
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 fora 1 Determination
N/A.
I N/f
ributaries detailed below are not navigable.
Tributaries a 2 waters):
(a)(2) Name
(a)(2) Size
(a)(2) Criteria
Rationale fora 2 Determination
Stillhousr
linear
(a)(2) Perennial
Aerial photographs, USGS topographic quadrangle,
Branch
feet
tributary
site conditions, NRCS Soil survey
contributes
surface water
flow directly or
indirectly to an
(a)(1) water in a
typical year.
UT Stillhouse
1287
linear
(a)(2) Perennial
Aerial photographs, USGS topographic quadrangle,
feet
tributary
site conditions, NRCS Soil survey
contributes
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.
Page 1 of 3 Form Version 10 June 2020_updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
Tributaries ((a)(2) waters):
(a)(2) Name
(a)(2) Size
(a)(2) Criteria
Rationale for (a)(2) Determination
surface water
flow directly or
indirectly to an
(a)(1) water in a
typical year.
Lakes and ponds, and impoundments of jurisdictional waters ((a)(3 waters):
(a)(3) Name
(a)(3) Size
(a)(3) Criteria
Rationale fora 3 Determination
N/A.
Adjacent wetlands a 4 waters):
a 4 Name
a 4 Size
a 4 Criteria
Rationale fora 4 Determination
N/A.
N/A I
N/A.
N/A.
D. Excluded Waters or Features
Excluded waters ((b)(1) — (b)(12)):4
Exclusion Name
Exclusion Size
Exclusions
Rationale for Exclusion Determination
WA
acre(s)
(b)(1) Non-
Wetland A does not abut a water of the US.
adjacent wetland.
There was no onsite evidence nor remote
evidence indicating the wetland is flooded in a
typical year. The wetland is not separated from
an (a)(1), (2), or (3) water by only a natural
barrier, nor is it separated by an artificial barrier
with a culvert, flood gate, etc. providing flow from
an (a)(1 2, or 3 water in a typical year.
WB
0.42
acre(s)
(b)(1) Non-
Wetland B does not abut a water of the US.
adjacent wetland.
There was no onsite evidence nor remote
evidence indicating the wetland is flooded in a
typical year. The wetland is not separated from
an (a)(1), (2), or (3) water by only a natural
barrier, nor is it separated by an artificial barrier
with a culvert, flood gate, etc. providing flow from
an (a)(1), (2), or (3) water in a typical year.
WC
0.05
acre(s)
(b)(1) Non-
Wetland C does not abut a water of the US.
adjacent wetland.
There was no onsite evidence nor remote
evidence indicating the wetland is flooded in a
typical year. The wetland is not separated from
an (a)(1), (2), or (3) water by only a natural
barrier, nor is it separated by an artificial barrier
with a culvert, flood gate, etc. providing flow from
an (a)(1), (2), or (3) water in a typical year.
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.
Page 2 of 3 Form Version 10 June 2020_updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
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.
❑x Information submitted by, or on behalf of, the applicant/consultant: Wetland and upland data forms
This information sufficient for purposes of this AJD.
Rationale: N/A or describe rationale for insufficiency (including partial insufficiency).
❑ Data sheets prepared by the Corps: litle(s) and/or date(s).
❑ Photographs: Select. Title(s) and/or date(s).
❑ Corps site visit(s) conducted on: Date(s).
❑ Previous Jurisdictional Determinations (AJDs or PJDs): ORM Number(s) and date(s).
❑ Antecedent Precipitation Tool: provide detailed discussion in Section 111.B.
❑ USDA NRCS Soil Survey: tle(s) and/or date(s)
❑ USFWS NWI maps: itle(s) and/or date(s).
❑ USGS topographic maps: Title(s) and/or date(s).
Other data sources used to aid in this determination:
Data Source select
Name and/or date and other relevant information
USGS/WBD/NHD
data/maps
NHD flowlines, NHD waterbodies, NHD areas, NHD points GIS downloaded
from NCOne digital data source (www.nconemap.gov)
USDA Sources
N/A.
NOAA Sources
N/A.
USACE Sources
N/A.
LiDAR data/maps
LIDAR downloaded from NCOne di itial data source www.nconema ov
FEMA/FIRM maps
National Land Cover Data
B. Typical year assessment(s): N/A or provide typical year assessment for each relevant data source used
to support the conclusions in the AJD.
C. Additional comments to support AJD: N/A or provide additional discussion as appropriate.
Page 3 of 3 Form Version 10 June 2020_updated

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WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Region
Project/Site: Stillhouse Farms City/County: Graham/Alamance Sampling Date: 2020/06/01
Applicant/Owner: State: NC Sampling Point: WA
Investigator(s): Ward Marottl Section, Township, Range:
Landform (hillslope, terrace, etc.): small valley bottom Local relief (concave, convex, none): concave
Subregion (LRR or MLRA): 136 Lat: 36.048508 Long:-79.387792
Soil Map Unit Name: Iredell loam NWI classification: N/A
Are climatic / hydrologic conditions on the site typical for this time of year? Yes _0 No F (If no, explain in Remarks.)
Are Vegetation = Soil .=, or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes 0 No ❑
Are Vegetation = Soil 0, or Hydrology .0 naturally problematic? (If needed, explain any answers in Remarks.)
Slope (%): 5
Datum:
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes �0 No Is the Sampled Area
Hydric Soil Present? Yes I v l Nowithin a Wetland? Yes 0 No 0
Wetland Hydrology Present? Yes .I r L No
Remarks:
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required; check all that apply)
❑ Surface Soil Cracks (136)
❑ Surface Water (Al) ❑ True Aquatic Plants (B14)
❑ Sparsely Vegetated Concave Surface (138)
❑ High Water Table (A2) ❑ Hydrogen Sulfide Odor (Cl)
❑ Drainage Patterns (B10)
❑✓ Saturation (A3) ❑ Oxidized Rhizospheres on Living Roots (C3)
,❑ Moss Trim Lines (B16)
❑ Water Marks (131) ❑ Presence of Reduced Iron (C4)
❑ Dry -Season Water Table (C2)
❑ Sediment Deposits (132) ❑ Recent Iron Reduction in Tilled Soils (C6)
❑ Crayfish Burrows (C8)
❑ Drift Deposits (133) ❑ Thin Muck Surface (C7)
❑ Saturation Visible on Aerial Imagery (C9)
❑ Algal Mat or Crust (134) ❑ Other (Explain in Remarks)
❑ Stunted or Stressed Plants (D1)
❑ Iron Deposits (135)
❑ Geomorphic Position (D2)
❑ Inundation Visible on Aerial Imagery (137)
❑ Shallow Aquitard (D3)
❑ Water -Stained Leaves (139)
❑ Microtopographic Relief (D4)
_❑Aquatic Fauna (1313)
❑ FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes ❑ No = Depth (inches):
Water Table Present? Yes ❑ No 0 Depth (inches):
3
II
Saturation Present? Yes Q No ❑ Depth (inches):
Wetland
Hydrology Present? Yes No
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
US Army Corps of Engineers Eastern Mountains and Piedmont —Version 2.0

VEGETATION (Five Strata) - Use scientific names of plants.
Sampling Point:
Absolute
Dominant Indicator
Dominance Test worksheet:
Tree Stratum (Plot size. 20' raduis )
% Cover
Species? Status
Number of Dominant Species
1. Platanus occidentalis
30
Yes FACW
That Are OBL, FACW, or FAC: 6 (A)
2. Quercus phellos
20
Yes FAC
3. Fraxinus pennsylvanica
10
Yes FACW
Total Number of Dominant
6
Species Across All Strata: (B)
4. Ulmus americana
5
No FACW
Percent of Dominant Species
5.
That Are OBL, FACW, or FAC: 100 (A/B)
6.
Prevalence Index worksheet:
65 = Total Cover
30
5
Total % Cover of: Multiply by:
50% of total cover:
20% of
total cover:
OBL species x 1 =
Sapling Stratum (Plot size: 20' radius )
1. Platanus occidentalis
20
Yes FACW
FACW species x 2 =
2. Fraxinus pennsylvanica
15
Yes FACW
FAC species x 3 =
3. Ulmus americana
10
Yes FACW
FACU species x 4 =
UPL species x 5 =
4.
Column Totals: (A) (B)
5.
6.
Prevalence Index = B/A =
45
= Total Cover
Vegetation Indicators:
50% of total cover: 20
20% of
total cover: 5
IHydrophytic
1 - Rapid Test for Hydrophytic Vegetation
Shrub Stratum (Plot size: )
Q 2 - Dominance Test is >50%
1
Q 3 - Prevalence Index is <-3.0'
❑ 4 - Morphological Adaptations' (Provide supporting
2
data in Remarks or on a separate sheet)
3.
❑ Problematic Hydrophytic Vegetation' (Explain)
4.
5.
'Indicators of hydric soil and wetland hydrology must
6.
be present, unless disturbed or problematic.
= Total Cover
Definitions of Five Vegetation Strata:
50% of total cover: 20% of total cover:
Tree -Woody plants, excluding woody vines,
Herb Stratum (Plot size: ) approximately 20 ft (6 m) or more in height and 3 in.
1 (7.6 cm) or larger in diameter at breast height (DBH).
2. Sapling - Woody plants, excluding woody vines,
3. approximately 20 ft (6 m) or more in height and less
than 3 in. (7.6 cm) DBH.
5.
Shrub - Woody plants, excluding woody vines,
6
approximately 3 to 20 ft (1 to 6 m) in height.
7.
Herb - All herbaceous (non -woody) plants, including
$
herbaceous vines, regardless of size, and woody
plants, except woody vines, less than approximately 3
9.
ft (1 m) in height.
10.
11.
Woody vine - All woody vines, regardless of height.
= Total Cover
50% of total cover: 20% of total cover:
Woody Vine Stratum (Plot size: )
1.
3.
4.
5.
= Total Cover
50% of total cover: 20% of total cover:
Remarks: (Include photo numbers here or on a separate sheet.)
Hydrophytic
Vegetation
Present? Yes T71 No�
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0

SOIL Sampling Point:
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth
Matrix
Redox Features
(inches)
Color (moist)
%
Color (moist) % Type' Loc Texture Remarks
0-1
10yr 3/3
100
CL
1-3
10yr 5/1
60
10yr 5/6 40 D CL
3-18
10yr 3/1
100
D CL
'Type: C=Concentration, D=Depletion,
Hydric Soil Indicators:
0 Histosol (Al)
❑ Histic Epipedon (A2)
❑ Black Histic (A3)
❑ Hydrogen Sulfide (A4)
❑ Stratified Layers (A5)
❑ 2 cm Muck (A10) (LRR N)
❑ Depleted Below Dark Surface (A11:
❑ Thick Dark Surface (Al2)
Sandy Mucky Mineral (S1) (LRR N,
MLRA 147, 148)
❑ Sandy Gleyed Matrix (S4)
❑ Sandy Redox (S5)
❑ Stripped Matrix (S6)
Restrictive Layer (if observed):
Tvpe:
Depth (inches):
Remarks:
RM=Reduced Matrix, MS=Masked Sand Grains.
2Location: PL=Pore Lining, M=Matrix.
Indicators for Problematic Hydric Sc
❑ Dark Surface (S7)
❑ 2 cm Muck (A10) (MLRA 147)
❑ Polyvalue Below Surface (S8) (MLRA 147, 148)
❑ Coast Prairie Redox (A16)
❑ Thin Dark Surface (S9) (MLRA 147, 148)
(MLRA 147, 148)
❑ Loamy Gleyed Matrix (F2)
0 Piedmont Floodplain Soils (F19)
❑✓ Depleted Matrix (F3)
(MLRA 136, 147)
❑ Redox Dark Surface (F6)
❑ Very Shallow Dark Surface (TF12)
❑ Depleted Dark Surface (F7)
❑ Other (Explain in Remarks)
_❑ Redox Depressions (F8)
❑ Iron -Manganese Masses (F12) (LRR N,
MLRA 136)
❑ Umbric Surface (F13) (MLRA 136, 122) 3Indicators of hydrophytic vegetation and
❑ Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present,
❑ Red Parent Material (F21) (MLRA 127, 147) unless disturbed or problematic.
Hydric Soil Present? Yes ❑ No ❑
US Army Corps of Engineers Eastern Mountains and Piedmont —Version 2.0

WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Region
Project/Site: Stillhouse Farms City/County: Graham/Alamance Sampling Date: 2020/06/01
Applicant/Owner: State: NC Sampling Point: WAU
Investigator(s): Ward Marottl Section, Township, Range:
Landform (hillslope, terrace, etc.): small valley bottom Local relief (concave, convex, none): concave
Subregion (LRR or MLRA): 136 Lat: 36.048506 Long:-79.387860
Soil Map Unit Name: Iredell loam NWI classification: N/A
Are climatic / hydrologic conditions on the site typical for this time of year? Yes _0 No F (If no, explain in Remarks.)
Are Vegetation = Soil .=, or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes 0 No ❑
Are Vegetation = Soil 0, or Hydrology .0 naturally problematic? (If needed, explain any answers in Remarks.)
Slope (%): 5
Datum:
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes 0 No Is the Sampled Area
Hydric Soil Present? Yes Nowithin a Wetland? Yes 0 No 0
Wetland Hydrology Present? Yes .= No
Remarks:
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required; check all that apply)
❑ Surface Soil Cracks (136)
❑ Surface Water (Al) ❑ True Aquatic Plants (B14)
❑ Sparsely Vegetated Concave Surface (138)
❑ High Water Table (A2) ❑ Hydrogen Sulfide Odor (Cl)
❑ Drainage Patterns (B10)
❑ Saturation (A3) ❑ Oxidized Rhizospheres on Living Roots (C3)
,❑ Moss Trim Lines (B16)
❑ Water Marks (131) ❑ Presence of Reduced Iron (C4)
❑ Dry -Season Water Table (C2)
❑ Sediment Deposits (132) ❑ Recent Iron Reduction in Tilled Soils (C6)
❑ Crayfish Burrows (C8)
❑ Drift Deposits (133) ❑ Thin Muck Surface (C7)
❑ Saturation Visible on Aerial Imagery (C9)
❑ Algal Mat or Crust (134) ❑ Other (Explain in Remarks)
❑ Stunted or Stressed Plants (D1)
❑ Iron Deposits (135)
❑ Geomorphic Position (D2)
❑ Inundation Visible on Aerial Imagery (137)
❑ Shallow Aquitard (D3)
❑ Water -Stained Leaves (139)
❑ Microtopographic Relief (D4)
_❑Aquatic Fauna (1313)
❑ FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes ❑ No = Depth (inches):
Water Table Present? Yes ❑ No 0 Depth (inches):
n
Saturation Present? Yes ❑ No = Depth (inches):
Wetland
Hydrology Present? Yes No
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
US Army Corps of Engineers Eastern Mountains and Piedmont —Version 2.0

VEGETATION (Five Strata) - Use scientific names of plants.
Sampling Point:
Absolute
Dominant Indicator
Dominance Test worksheet:
Tree Stratum (Plot size. 20' raduis )
% Cover
Species? Status
Number of Dominant Species
1. Platanus occidentalis
30
Yes FACW
That Are OBL, FACW, or FAC: 6 (A)
2. Quercus phellos
20
Yes FAC
3. Fraxinus pennsylvanica
10
Yes FACW
Total Number of Dominant
6
Species Across All Strata: (B)
4. Ulmus americana
5
No FACW
Percent of Dominant Species
5.
That Are OBL, FACW, or FAC: 100 (A/B)
6.
Prevalence Index worksheet:
65 = Total Cover
30
5
Total % Cover of: Multiply by:
50% of total cover:
20% of
total cover:
OBL species x 1 =
Sapling Stratum (Plot size: 20' radius )
1. Platanus occidentalis
20
Yes FACW
FACW species x 2 =
2. Fraxinus pennsylvanica
15
Yes FACW
FAC species x 3 =
3. Ulmus americana
10
Yes FACW
FACU species x 4 =
UPL species x 5 =
4.
Column Totals: (A) (B)
5.
6.
Prevalence Index = B/A =
45
= Total Cover
Vegetation Indicators:
50% of total cover: 20
20% of
total cover: 5
IHydrophytic
1 - Rapid Test for Hydrophytic Vegetation
Shrub Stratum (Plot size: )
Q 2 - Dominance Test is >50%
1
Q 3 - Prevalence Index is <-3.0'
❑ 4 - Morphological Adaptations' (Provide supporting
2
data in Remarks or on a separate sheet)
3.
❑ Problematic Hydrophytic Vegetation' (Explain)
4.
5.
'Indicators of hydric soil and wetland hydrology must
6.
be present, unless disturbed or problematic.
= Total Cover
Definitions of Five Vegetation Strata:
50% of total cover: 20% of total cover:
Tree -Woody plants, excluding woody vines,
Herb Stratum (Plot size: ) approximately 20 ft (6 m) or more in height and 3 in.
1 (7.6 cm) or larger in diameter at breast height (DBH).
2. Sapling - Woody plants, excluding woody vines,
3. approximately 20 ft (6 m) or more in height and less
than 3 in. (7.6 cm) DBH.
5.
Shrub - Woody plants, excluding woody vines,
6
approximately 3 to 20 ft (1 to 6 m) in height.
7.
Herb - All herbaceous (non -woody) plants, including
$
herbaceous vines, regardless of size, and woody
plants, except woody vines, less than approximately 3
9.
ft (1 m) in height.
10.
11.
Woody vine - All woody vines, regardless of height.
= Total Cover
50% of total cover: 20% of total cover:
Woody Vine Stratum (Plot size: )
1.
3.
4.
5.
= Total Cover
50% of total cover: 20% of total cover:
Remarks: (Include photo numbers here or on a separate sheet.)
Hydrophytic
Vegetation
Present? Yes T71 No�
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0

SOIL
Sampling Point:
Profile Description: (Describe to the de
Depth Matrix
(inches) Color (moist) %
0-2 10yr 4/4 100
2-18 10yr 6/8 100
to document the indicator or confirm
Redox Features
Color (moist) % Type Loc Texture Remarks
CL
CL
'Type: C=Concentration, D=De letion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators:
Indicators for Problematic Hydric Soils3:
0 Histosol (Al)
❑ Dark Surface (S7)
❑ 2 cm Muck (A10) (MLRA 147)
❑ Histic Epipedon (A2)
❑ Polyvalue Below Surface (S8) (MLRA 147, 148)
❑ Coast Prairie Redox (A16)
❑ Black Histic (A3)
❑ Thin Dark Surface (S9) (MLRA 147, 148)
(MLRA 147, 148)
❑ Hydrogen Sulfide (A4)
❑ Loamy Gleyed Matrix (F2)
0 Piedmont Floodplain Soils (F19)
❑ Stratified Layers (A5)
❑ Depleted Matrix (F3)
(MLRA 136, 147)
❑ 2 cm Muck (A10) (LRR N)
❑ Redox Dark Surface (F6)
❑ Very Shallow Dark Surface (TF12)
❑ Depleted Below Dark Surface (A11)
❑ Depleted Dark Surface (F7)
❑ Other (Explain in Remarks)
❑ Thick Dark Surface (Al2)
❑ Redox Depressions (F8)
Sandy Mucky Mineral (S1) (LRR N,
❑ Iron -Manganese Masses (F12) (LRR N,
MLRA 147, 148)
MLRA 136)
❑ Sandy Gleyed Matrix (S4)
❑ Umbric Surface (F13) (MLRA 136, 122)
3Indicators of hydrophytic vegetation and
❑ Sandy Redox (S5)
❑ Piedmont Floodplain Soils (F19) (MLRA 148)
wetland hydrology must be present,
❑ Stripped Matrix (S6)
❑ Red Parent Material (F21) (MLRA 127, 147)
unless disturbed or problematic.
Restrictive Layer (if observed):
Type
Depth (inches):
Remarks:
Hydric Soil Present? Yes ❑ No ❑
US Army Corps of Engineers Eastern Mountains and Piedmont —Version 2.0

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