20201899 Ver 1_USACE Jurisdictional Determination_20210514

Requestor:
Address:
Telephone Number:
E-mail:
Size (acres)
Nearest Waterway
USGS HUC
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-01529 County: Alamance U.S.G.S. Quad: NC- Burlington
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Meritage Homes of the Carolinas, Inc.
Gray Methven
3300 Paramount Parkway, Ste 120
Morrisville, North Carolina 27560
919-398-3371
Gray.Methv en (a, m eritag eho m es. co m
Nearest Town Graham
River Basin Cape Fear
Coordinates Latitude: 36.046669
Longitude: -79.38699
Location description: The site is located northeast of the intersection of Cheeks Lane and NC 87 in Graham, Alamance County,
NC. Andrews Avenue is located south of the site, and road stubs Terrell Street, Winesap Drive, and Hertford Lane abut the
site on the north and northwest. Undeveloped forest land occurs east of the site.
68.5
Haw River
03030002
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 DATE. Therefore this preliminary jurisdiction determination
may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of
impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a
preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they
are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable
action, by contacting the Corps district for further instruction.
❑ There appear to be waters 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 waters on 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
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 Christopher Hopper at [phone] (x35) or
christopher.d.hopper(a,usace. armv.mil.
C. Basis For Determination: See the approved jurisdictional determination form dated 5/14/2021 and the
attached exhibit, "Jurisdictional Determination Request Map", undated.
D. Remarks: The approved jurisdictional determination applies only to resources shown within the
magenta -hatched polygon, identified in the legend as `AJD Requested', depicted on the attached exhibit,
"Jurisdictional Determination Request Map", undated. No JD was required to proceed with permitting
for the Stillhouse Farm Subdivision project.
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 07/12/2021.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
Date of JD: 5/14/2021 Expiration Date of JD: 05/13/2026
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/cmapex/f?p=136:4:0
Copy fumished:
Agent: Spangler Environmental
Ward Marotti
Address: 4338 Bland Road
Raleigh, North Carolina 27609
Telephone Number: 919-368-8043
E-mail: ward(a,spanglerenvironmental.com

APPEAL OPTIONS AND PROCESS AND
FOR APPEAL
NOTIFICATION OF ADMINISTRATIVE
REQUEST
Applicant:
Methven
Meritage Homes of the Carolinas, Inc., Gray
File Number: SAW-2020-01529
Date: 5/14/2021
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
0
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION
Additional
or the
I - The following identifies your rights and options
information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
regarding an administrative appeal
of the above decision.
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 fmal
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
• ACCEPT: If you received a Standard Permit, you may
authorization. If you received a Letter of Permission (LOP),
signature on the Standard Permit or acceptance of the
rights to appeal the permit, including its terms and conditions,
permit.
• APPEAL: If you choose to decline the proffered permit
you may appeal the declined permit under the Corps of
this form and sending the form to the division engineer.
of the date of this notice.
the permit
sign the permit document and return
you may accept the LOP and
LOP means that you accept the permit
and approved jurisdictional
(Standard or LOP) because of
Engineers Administrative Appeal
it to the district engineer for fmal
your work is authorized. Your
in its entirety, and waive all
determinations associated with the
certain terms and conditions therein,
Process by completing Section II of
the division engineer within 60 days
This form must be received by
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers
completing Section II of this form and sending the form to the division engineer. This form
engineer within 60 days of the date of this notice.
Administrative Appeal Process by
must be received by the division
D: APPROVED
information.
•
•
JURISDICTIONAL DETERMINATION:
ACCEPT: You do not need to notify the Corps to accept
date of this notice, means that you accept the approved
APPEAL: If you disagree with the approved JD, you
Administrative Appeal Process by completing Section
You may accept or appeal the approved JD or provide new
an approved JD. Failure to notify the Corps within 60 days of the
JD in its entirety, and waive all rights to appeal the approved JD.
may appeal the approved JD under the Corps of Engineers
II of this form and sending the form to the district engineer. This form
of the date of this notice.
must be received by the division engineer within 60 days

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.
1
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
objections are addressed in the administrative record.)
additional information to this form to clarify where your reasons or
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
record.
the location of information that
is already in the administrative
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Attn: Christopher Hopper
Mr. Phillip Shannin, Administrative
Appeal Review Officer
CESAD-PDO
Raleigh Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 10M15
3331 Heritage Trade Drive, Suite 105
Atlanta, Georgia 30303-8801
Wake Forest, North Carolina 27587
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Christopher Hopper, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

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): 5/14/2021
ORM Number: SAW-2020-01529
Associated JDs: N/A
Review Area Location': State/Territory: City: Graham County/Parish/Borough: Alamance
Center Coordinates of Review Area: Latitude 36.046669 Longitude -79.38699
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.
J The review area is comprised entirely of dry land (i.e., there are no waters or water features, including
wetlands, of any kind in the entire review area). Rationale: N/A or describe rationale.
❑ There are "navigable waters of the United States" within Rivers and Harbors Act jurisdiction within the
review area (complete table in Section II.B).
There are "waters of the United States" within Clean Water Act jurisdiction within the review area
(complete appropriate tables in Section II.C).
There are waters or water features excluded from Clean Water Act jurisdiction within the review area
(complete table in Section II.D).
B. Rivers and Harbors Act of 1899 Section 10 (§ 10)2
§ 10 Name
§ 10 Size
§ 10 Criteria
Rationale for § 10 Determination
C. Clean Water Act Section 404
Territorial Seas and Traditional Navigable Waters ((a)(1) waters):3
(a)(1) Name
(a)(1) Size
(a)(1) Criteria
Rationale for (a)(1) Determination
Tributaries ((a)(2) waters):
(a)(2) Name
(a)(2) Size
(a)(2) Criteria
Rationale for (a)(2) Determination
kin,
1\1' " N/P
N/A.
Lakes and ponds, and impoundments of jurisdictional waters ((a)(3) waters):
(a)(3) Name
(a)(3) Size
(a)(3) Criteria
Rationale for (a)(3) Determination
Adjacent wetlands ((a)(4) waters):
(a)(4) Name
(a)(4) Size
(a)(4) Criteria
Rationale for (a)(4) Determination
Nip
Nip N/A.
N/A.
Map(s)/figure(s) are attached to the AJD provided to the requestor.
'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 2 of 2 Form Version 10 June 2020 updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
D. Excluded Waters or Features
Excluded waters ((b)(1) — (b)(12)):4
Exclusion Name
Exclusion Size
Exclusions
Rationale for Exclusion Determination
Wetland WC
0.072
acre(s)
(b)(1) Non-
adjacent wetland.
Not connected to or abutting an a(1) to a(4)
water, not separated from an a(1) through a(3)
water by natural berm or artificial connection.
Not flooded or connected during typical year.
Wetland WB
0.419
acre(s)
(b)(1) Non-
adjacent wetland.
Not connected to or abutting an a(1) to a(4)
water, not separated from an a(1) through a(3)
water by natural berm or artificial connection.
Not flooded or connected during typical year.
III. SUPPORTING INFORMATION
A. Select/enter all resources that were used to aid in this determination and attach data/maps to this
document and/or references/citations in the administrative record, as appropriate.
Information submitted by, or on behalf of, the applicant/consultant: Wetland and upland data forms,
stream and wetland map / aerial photography.
This information is sufficient for purposes of this AJD.
Rationale: N/A or describe rationale for insufficiency (including partial insufficiency).
❑ Data sheets prepared by the Corps: Title(s) and/or date(s).
▪ Photographs: Aerial: Undated NC OneMaps Aerial Photo
▪ Corps site visit(s) conducted on: October 19, 2020
❑ Previous Jurisdictional Determinations (AJDs or PJDs): ORM Number(s) and date(s).
▪ Antecedent Precipitation Tool: provide detailed discussion in Section III.B.
❑ USDA NRCS Soil Survey: Title(s) and/or date(s).
❑ USFWS NWI maps: Title(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 Sources
USDA Sources
ivies.
NOAA Sources
N/A.
USACE Sources
Antecedent Precipitation Tool
State/Local/Tribal Sources
NC OneMaps Qual2 LiDAR
Other Sources
N/A.
B. Typical year assessment(s): The Antecedent Precipitation Tool was run for the date of the USACE site
visit (October 19, 2020). The site was in `wetter than normal' conditions at the time of the visit (0.3 inch
above normal rainfall. Conditions were 'Wet' in each of the preceding months, with observed precipitation
exceeding the 30-year normal range each month.
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 2 Form Version 10 June 2020 updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
C. Additional comments to support AJD: Conditions were wetter than normal during the USACE site visit.
Saturation was noted even in upland areas. However, no surface or jurisdictional (hydric soil) connection
was found downslope of either Wetland WC or Wetland WB. North Carolina's Qual2 LiDAR mapping was
reviewed prior to the visit, and utilized during the visit to look for connections, and none were found.
Page 2 of 2 Form Version 10 June 2020 updated

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