20201263 Ver 1_08-TRU19000-USACE PJD-2020-08-19_20210428

Requestor:
Address:
Telephone Number:
E-mail:
Size (acres)
Nearest Waterway
USGS HUC
27U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-01278 County: Gaston U.S.G.S. Quad: NC- Mount Holly
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Wellspring Carolina Investments
M Boyce
2133 Garden View Lane
Matthews, NC 28104
[phone]
m b oyce(a,tru eho m esu s a. co m
Nearest Town Lowell
River Basin Santee
Coordinates Latitude: 35.283828
Longitude: -81.102218
Location description: Parcel is located near the town of Lowell and can be identified by PIN 3576246896.
27
South Fork Catawba River
03050102
Indicate Which of the Following Apply:
A. Preliminary Determination
There appear to be waters 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 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 4/27/2020. 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 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
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 at the project area, which is not sufficiently accurate and reliable to support an enforceable
permit decision. We recommend that you have the waters 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 waterson 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 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.
❑ The waters 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 DATE. We strongly suggest you have
this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey

SAW-2020-01278
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 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 Krystvnka B Sty2ar at 252-545-0507 or
krystynka.b.sty2ar(ausace. armv.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 8/19/2020.
D. Remarks: None.
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 Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
Date of JD: 8/19/2020 Expiration Date of JD: Not applicable

SAW-2020-01278
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 the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm apex/f?p=136:4: 0
Copy fumished:
Agent: McAdams Company
Jennifer Burdette
Address: 2905 Meridian Parkway
Durham, NC 27713
Telephone Number: [phone]
E-mail: burdette(a,mcadamsco.com

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 08/07/2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Wellspring Carolina Investments, M Boyce,
2133 Garden View Lane, Matthews, NC 28104
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, River Heights, SAW-2020-
01278
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Parcel is located near the town of
Lowell and can be identified by PIN 3576246896.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Gaston City: Lowell
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.283828 Longitude: -81.102218
Universal Transverse Mercator:
Name of nearest waterbody: South Fork Catawba
River
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Site Number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated
amount of
aquatic
resources in
review area
(acreage and
linear feet, if
applicable
Type of aquatic
resources (i.e.,
wetland vs.
non -wetland
waters)
Geographic authority to
which the aquatic
resource "may be"
subject (i.e., Section 404
or Section 10/404)
S-1
35.284107
-81.102221
1135
Non -wetland
Waters
Section 404
S-2
35.282644
-81.101117
989
Non -wetland
waters
Section 404
S-3
35.282497
-81.101087
143
Non -wetland
waters
Section 404
S-4
35.282761
-81.101623
262
Non -wetland
waters
Section 404

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

SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative
record and are appropriately cited:
▪ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Mcadams company for True Homes
▪ Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
▪ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U. S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data:
❑ USGS 8 and 12 digit HUC maps:
▪ U.S. Geological Survey map(s). Cite scale & quad name: 1:24000 ; Mount Holly
❑ Natural Resources Conservation Service Soil Survey. Citation: WebSoil Survey
❑ National wetlands inventory map(s). Cite name- USFWS NWIMapper
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps: 3710357600J , 9/28/2007
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
❑ Photographs: ❑ Aerial (Name & Date):
or ❑ Other (Name & Date):
▪ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps
and should not be relied upon for later jurisdictional determinations.
Signature and date of Regulatory
staff member completing PJD
8/19/2020
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable)1
1 Districts may establish timeframes for requester to return signed PJD forms. Ifthe requester 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.

LEGEND
Project Area
Potential Non -wetland Waters of the US - Streams
2-ft contours
Roads
MCADAMS
Notes:
1. Delineation completed on April 28, 2020
FIGURE 4. PRELIMINARY JURISDICTIONAL DETERMINATION MAP
RIVER HEIGHTS
LOWELL, GASTON COUNTY, NC
Y:\Projects\TRU\TRU-19000\Storm\Natural Resources\GIS\TRU19000_RiverHeights_Fig 4 PJD Map.mxd, 7/21/2020 4:23:14 PM, burdette
0 75 150
Feet
1 inch = 150 feet
VERSION: 2
DATE: 7/21/2020
JOB NO: TRU-19000
DRAWN BY: burdette