20210051 Ver 1_200619 - SAW-2017-00132 Preliminary JD_20210223

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2017-00132 County: NASH U.S.G.S. Quad: NC — SPRING HOPE
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Applicant/Property Owner: Ecoplexus, Inc.
Mr. Forrest Coldren
Address: 600 Park Offices Drive, Suite 285
Durham, North Carolina 27709
Authorized Agent: S&ME, Inc.
Mr. Walter Cole
Address: 3201 Spring Forest Drive
Raleigh, North Carolina 27616
Size (acres) —552.5
Nearest Waterway Sapony Creek
USGS HUC 03020101
Nearest Town Spring Hope
River Basin Tar River
Coordinates Latitude:35.961852
Longitude:-78.096456
Location description: The project area is identified as an approximate 552.5-acre tract of land, located on Nash County
parcels: 286000764551, 286000891057, and 287000092021. These parcels are located between Pleasant Grove Church
Road, N. Old Franklin Road, Bass Road, US 64-Alt, and N. Louisburg Road, in Spring Hope, Nash County, North
Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of
the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC §
403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to
be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the
permit evaluation process, including determining compensatory mitigation. For purposes of computation of
impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made
on the basis of a preliminary JD will treat all waters and wetlands that would be affected in 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 are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act
(CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be
used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an
effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is
not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the
waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a
timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC
§ 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period
not to exceed five years from the date of this notification.
Page 1 of 2

SAW-2017-00132
_ There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements
of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to
accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
_ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
_ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(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 Ms. Samantha
Dailey at 919-554-4884, ext. 22 or by email at Samantha.J.Dailevnusace.armv.mil.
C. Basis For Determination: N/A. An Approved JD has not been completed.
D. Remarks: Refer to the enclosed Preliminary JD Form and Feature Exhibits (4, 4A, 4B, and 4Q
dated 4-3-2020 for a detailed evaluation of the aquatic resources on -site.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331.
Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request
to appeal this determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801

SAW-2017-00132
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
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. DAILEY.SAMANTH DAILEY.SAMANTHA.J.1387
Corps Regulatory Official:
Date: June 19, 2020
567948
All 387567948 2020.06.19 1 1:26:40-04'00'
Expiration Date: N/A
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http://cop2smEu.usace.army.mil/cm_apex/f?p=136*0.

SAW-2017-00132
NOTIFICATION OF ADNHNISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Ecoplexus, Inc.
File Number: SAW-2017-00132
Date: June 19, 2020
Attn: Mr. Forrest Coldren
Attached
is:
See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
PROFFERED PERMIT Standard Permit or Letter ofpermission)
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 http://www.usace.army.miUMissions/CivilWorks/RegulatoryProgramandPenuits.asi) or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.

SAW-2017-00132
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
If you only have questions regarding the appeal process you may also
the appeal process you may contact:
contact:
District Engineer, Wilmington Regulatory Division
Mr. Phillip Shannin, Administrative Appeal Review Officer
Raleigh Regulatory Field Office
CESAD-PDO
Attn: Samantha Dailey
U.S. Army Corps of Engineers, South Atlantic Division
3331 Heritage Trade Drive, Suite 105
60 Forsyth Street, Room 1OM15
Wake Forest, North Carolina 27587
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 opportunit to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Samantha Dailey, 69 Darlington Avenue, Wilmington,
North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

APPENDIX 2
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD):
June 19, 2020
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Applicant/Property Owner: Ecoplexus, Inc.
Mr. Forrest Coldren
Address: 600 Park Offices Drive, Suite 285
Durham, North Carolina 27709
Authorized Agent: S&ME, Inc.
Mr. Walter Cole
Address: 3201 Spring Forest Drive
Raleigh, North Carolina 27616
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, East Nash Solar Farm Site, Ecoplexus,
Inc., Nash County, SAW-2017-00132
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project area is identified as an
approximate 552.5-acre tract of land, located on Nash County parcels: 286000764551, 286000891057, and 287000092021.
These parcels are located between Pleasant Grove Church Road, N. Old Franklin Road, Bass Road, US 64-Alt, and N.
Louisburg Road, in Spring Hope, Nash County, North Carolina.
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES)
State: NC County/parish/borough: Nash County City: Spring Hope
Center coordinates of site (lat/long in degree decimal format): Lat. 35.961852°N, Long.-78.096456' W.
Universal Transverse Mercator:
Name of nearest water body: Sapony Creek (Tar River 0302101)
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLIES):
® Office (Desk) Determination. Date: June 19, 2020
❑ Field Determination. Date(s):
1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this
PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed
decision after having discussed the various types of JDs and their characteristics and circumstances when they may be
appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other
general permit verification requiring "pre -construction notification" (PCN), or requests verification for a non -reporting NWP or
other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made
aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official
determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms
and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less
compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual
permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can
accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever
mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject
permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a
permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial
compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7)whether the applicant elects to
use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and

all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R.
Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic
resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds
that there "may be " waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and
identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following
information:
SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply): Checked items should be included in
subject file. Appropriately reference sources below where indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: S&ME, Inc. submitted a Jurisdictional
Determination Request on January 13, 2017, with a revisions received on April 8, 2020.
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: 1:241c, NC -Spring Hope
® USDA Natural Resources Conservation Service Soil Survey. Citation: Web Soil Survey: June 2020.
® National wetlands inventory map(s). Cite name: SAW Regulatory Viewer: June 2020
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: M Aerial (Name & Date): .
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should
not be relied upon for later jurisdictional determinations.
DAILEY.SAM
ANTHAII38
7567948
DAILEY.SAMANT
HA11387567948
2020.06.19
11:29:05-04'00'
Signature and date of
Regulatory Project Manager
(REQUIRED)
Signature and date of
person requesting preliminary JD
(REQUIRED, unless obtaining the signature is
Impracticable)
i Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an
action.

TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION
Site Number
Latitude (°N)
Latitude (°W)
Estimated Amount of
Aquatic Resources in
Review Area
Type of aquatic
resource (Le.
wetland vs. non-
wetland)
Geographic
authority to which
the aquatic resource
"may be" subject
(Le. Section 404 or
Section 10/404)
Linear
Feet
Acres
S1
35.96979
-78.09781
5150
Non -Wetland
Section 404
S2
35.96015
-78.09126
5620
Non -Wetland
Section 404
S3
35.95285
-78.09258
180
Non -Wetland
Section 404
S4
35.96932
-78.10788
850
Non -Wetland
Section 404
S5
35.96182
-78.09258
4458
Non -Wetland
Section 404
S6
35.97293
-78.09556
671
Non -Wetland
Section 404
S7
35.96996
-78.08592
1890
Non -Wetland
Section 404
S8
35.96873
-78.0867
4308
Non -Wetland
Section 404
W1
35.96064
-78.09183
0.22
Wetland
Section 404
W2
35.95925
-78.09153
0.05
Wetland
Section 404
W3
35.95376
-78.09065
7.36
Wetland
Section 404
W4
35.95266
-78.09172
0.06
Wetland
Section 404
W5-W6
35.95393
-78.09387
17.11
Wetland
Section 404
W7
35.95982
-78.09756
0.55
Wetland
Section 404
W8
35.96162
-78.09787
0.85
Wetland
Section 404
W9
35.96188
-78.09865
0.25
Wetland
Section 404
W10
35.96222
-78.09897
0.08
Wetland
Section 404
Wl l
35.96273
-78.09931
0.72
Wetland
Section 404
W12
35.96377
-78.10066
0.04
Wetland
Section 404
W13
35.96165
-78.09389
0.01
Wetland
Section 404
W14
35.96144
-78.09428
0.04
Wetland
Section 404
W15
35.95396
-78.0922
0.49
Wetland
Section 404
W16
35.96976
-78.09106
3.55
Wetland
Section 404
W17
35.97198
-78.09007
1.09
Wetland
Section 404
W18
35.96629
-78.09466
0.15
Wetland
Section 404
W19
35.96767
-78.09556
0.36
Wetland
Section 404
W20
35.96799
-78.09562
0.03
Wetland
Section 404
W21
35.96815
-78.09608
0.02
Wetland
Section 404
W22
35.97015
-78.08562
0.26
Wetland
Section 404
W23
35.96978
-78.08621
0.06
Wetland
Section 404
W24
35.96847
-78.08594
0.75
Wetland
Section 404
W25
35.96912
-78.08822
0.05
Wetland
Section 404
W26
35.69603
-78.08879
0.07
Wetland
Section 404
W27 —r-35.96884
-78.08882
0.06
Wetland
Section 404
i Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an
action.

W28
35.96884
-78.08931
0.02
Wetland
Section 404
W29
35.96898
-78.08944
0.09
Wetland
Section 404
W30
35.96836
-78.09061
4.42
Wetland
Section 404
W31
35.96566
1 -78.08609
0.35
Wetland
Section 404
P1
35.96877
1 -78.08605
0.26
1 Non -Wetland
I Section 404
i Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an
action.

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