HomeMy WebLinkAboutSW5210703_Wetland Determination/Report_20210806 (2)U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-01776 County: NASH U.S.G.S. Quad: NC — BUNN EAST
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Requestor: Silver Creek Energy, LLC
Mr. Matthew McGovern
Address: 3402 Pico Boulevard, Suite 200
Santa Monica, California 90405
Authorized Agent: Land Management Group
Ms. Kim Williams
Address: 3805 Wrightsville Avenue, Suite 15
Wilmington, North Carolina 28403
Size (acres) — 244
Nearest Waterway Turkey Creek
USGS HUC 0302020320201
Nearest Town Middlesex
River Basin Tar River
Coordinates Latitude:35.881929
Longitude:-78.147916
Location description: The Phobos Solar uroiect area is identified as an approximate 244-acre tract of land, located on
multiple parcels, southeast of the intersection of Frazier Road and S NC 231, near Middlesex, Nash County, North
Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
_ 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 CWAJRHA 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-2019-01776
X 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.
X 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.
X 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 (252) 808-2808 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.Daileyna,usace.army.mil.
C. Basis For Determination: Refer to the enclosed Navigable Waters Protection Rule Approved JD
Form (Interim) dated August 26, 2020, and Figure 7, Post-USACE, Preliminary Wetland,
Overview Map dated November 2019, for a detailed summary of waters on -site.
D. Remarks:
E. Attention USDA Program Participants
The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries
and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this
request. This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the
Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in
USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center,
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:
SAW-2019-01776
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PHILIP.A. SHANNIN(a_USACE.ARMY.MIL
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 October 25, 2020.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. GIBBY.JEAN.B.1229783 Digitally signed by
Corps Regulatory Official: 633
Date: September 2, 2020
G I B BY.J EA N. B.1229783633
Date: 2020.09.02 11:17:49-04'00'
Expiration Date: September 1, 2025
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
hllp://col]2smgpu.usace.army.mil/cm gpex/Vp=l36* 0.
SAW-2019-01776
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Silver Creek Energy, LLC
File Number: SAW-2019-01776
Date: September 2, 2020
Attn: Mr. Matthew McGovern
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 hLtp://www.usace.anny.mil/Missions/CivilWorks/RegulatoiyProgramandPermits.aspx 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-2019-01776
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.
r quSECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
MR. PHILIP A. SHANNIN
Raleigh Regulatory Field Office
ADMINISTRATIVE APPEAL REVIEW OFFICER
Attn: Samantha Dailey
CESAD-PDS-O
3331 Heritage Trade Drive, Suite 105
60 FORSYTH STREET SOUTHWEST, FLOOR M9
Wake Forest, North Carolina 27587
ATLANTA, GEORGIA 30303-8803
PHONE: (404) 562-5136; FAX (404) 562-5138
EMAIL: PHILIP.A.SHANNIN(a USACE.ARMY.MIL
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 opportuni 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 10M15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
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): 8/26/2020
ORM Number: SAW-2019-01776
Associated JDs: SAW-2018-00481, Phobos Solar, Preliminary JD, issuded on November 9, 2018 (adjacent
Review Area Location': State/Territory: NC City: Middlesex County/Parish/Borough: Nash
Center Coordinates of Review Area: Latitude 35.881929 Longitude-78.147916
II. FINDINGS
A. Summary: Check all that apply. At least one box from the following list MUST be selected. Complete the
corresponding sections/tables and summarize data sources.
❑ The review area is comprised entirely of dry land (i.e., there are no waters or water features, including
wetlands, of any kind in the entire review area). Rationale: N/A or describe rationale
❑ There are "navigable waters of the United States" within Rivers and Harbors Act jurisdiction within the
review area (complete table in Section 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/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
Tributaries a 2 waters):
(a)(2) Name
(a)(2) Size
(a)(2) Criteria
Rationale for (a)(2) Determination
2316
linear
(a)(2) Intermittent
i rib 1 is an intermittent tributary that flows directly
feet
tributary
into Turkey Creek, an (a)(2) perennial tributary.
contributes
During the 11/18/2019 site visit, base flow and
surface water
geomorphic characteristics were observed in Trib 1,
flow directly or
including bed and bank, OHWM, line impressions on
indirectly to an
bank, sediment deposits, wrack lines, and leaf litter
(a)(1) water in a
movement.
typical year.
Trib 2
877
linear
(a)(2) Perennial
Trib 2 is a perennial tributary that flows directly into
feet
tributary
TurkeyCreek, an (a)(2) perennial tributary. During
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 4 Form Version 29 July 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
contributes
the 11/18/2019 site visit, base flow and geomorphic
surface water
characteristics were observed in Trib 2, including
flow directly or
bed and bank, OHWM, line impressions on bank,
indirectly to an
sediment deposits, wrack lines, and leaf litter
(a)(1) water in a
movement. Trib 2 is located approximately 4,000
typical year.
feet downstream from Trib 1 (within the same
watershed).
Trib 1
800
linear
(a)(2) Intermittent
Trib 3 is an intermittent tributary that flows directly
feet
tributary
into Turkey Creek, an (a)(2) perennial tributary.
contributes
During the 11/18/2019 site visit, base flow and
surface water
geomorphic characteristics were observed in Trib 3,
flow directly or
including bed and bank, OHWM, line impressions on
indirectly to an
bank, sediment deposits, wrack lines, leaf litter
(a)(1) water in a
movement.
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
Jurisdictional
1.1
acre(s)
(a)(3) Lake/pond
Pond 1 was excavated in hydric soils and possesses
Pond 1
or impoundment
a direct surface flow connection to Trib 1 and
of a jurisdictional
Wetland 1.
water contributes
surface water
flow directly or
indirectly to an
(a)(1) water in a
typical year.
Adjacent wetlands ((a)(4) waters):
(a)(4) Name
(a)(4) Size
(a)(4) Criteria
Rationale for (a)(4) Determination
Wetland 1
6.52
acre(s)
(a)(4) Wetland
Wetland 1 directly abuts and is contiguous with Trib
abuts an (a)(1)-
1, an (a)(2) intermittent tributary. During the site visit,
(a)(3) water.
there was evidence that Wetland 1 is inundated by
Trib 1 in a typical year.
Wetland 2
2.8
acre(s)
(a)(4) Wetland
Wetland 1 directly abuts and is contiguous with Trib
abuts an (a)(1)-
1, an (a)(2) intermittent tributary and Trib 2, an (a)(2)
(a)(3) water.
perennial tributary. During the site visit, there was
evidence that Wetland 2 is inundated by Trib 1 and
Trib 2 in a typical year.
Wetland 3
0.58
acre(s)
(a)(4) Wetland
Wetland 3 directly abuts an (a)(2) water off -site. The
abuts an (a)(1)-
applicant indicated Wetland 3 directly abutted an off-
(a)(3) water.
site tributary. Due to lack of property access, the
Corps was unable to directly observe the connection
off -site.
Page 2 of 4 Form Version 29 July 2020_updated
U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
Adjacent wetlands ((a)(4) waters):
(a)(4) Name
(a)(4) Size
(a)(4) Criteria
Rationale for (a)(4) Determination
Wetland 4
2.7
acre(s)
(a)(4) Wetland
Wetland 4 is located near the headwaters of the
abuts an (a)(1)-
watershed and directly abuts an (a)(2) water off -site.
(a)(3) water.
The applicant indicated Wetland 4 directly abutted
an off -site tributary. During the 11/18/2019 site visit
the Corps was able to verify this information. The off -
site (a)(2) water contained base flow and
geomorphic characteristics, including bed and bank,
OHWM, line impressions on bank, sediment
deposits, wrack lines, leaf litter movement.
D. Excluded Waters or Features
Excluded waters b)(1) — b 12 :4
Exclusion Name
Exclusion Size
Exclusions
Rationale for Exclusion Determination
Excluded
0.2
acre(s)
(b)(1) Non-
Excluded Wetland W1 is not abutting/adjacent to
Wetland 1
adjacent wetland.
an a(1), a(2), or a(3) water. Non -Jurisdictional
Wetland W1 is not inundated by flooding from an
a(1), a(2), or a(3) water. There is no natural
berm, artificial barrier, or culvert between Non -
Jurisdictional Wetland W1 and Trib 2, the
nearest a(2) water.
Excluded Pond
0.4
acre(s)
(b)(8) Artificial
Excluded Pond 1 was excavated solely in
1
lake/pond
uplands. There was no evidence provided in the
constructed or
jurisdictional determination report or observed
excavated in
during the 11/18/2019 site visit that indicated this
upland or a non-
feature was constructed in a water of the United
jurisdictional
States. There were no hydric soils located
water, so long as
between Non -Jurisdictional Pond 1 and Trib 2
the artificial lake
and Wetland 2 (as shown on wetland data sheet
or pond is not an
DP1-UP).
impoundment of
a jurisdictional
water that meets
c 6.
Excluded Pond
0.8
acre(s)
(b)(8) Artificial
Excluded Pond 2 was excavated solely in
2
lake/pond
uplands. There was no evidence provided in the
constructed or
jurisdictional determination report or observed
excavated in
during the 11/18/2019 site visit that indicated this
upland or a non-
feature was constructed in a water of the United
jurisdictional
States. This feature is located near the
water, so long as
headwaters of the watershed, and approximately
the artificial lake
1,000 feet upslope from an off -site (a)(3) water.
or pond is not an
impoundment of
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 3 of 4 Form Version 29 July 2020_updated
U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
Excluded waters ((b)(1) — (b)(12)):4
Exclusion Name
Exclusion Size
Exclusions
Rationale for Exclusion Determination
. jurisdictional
water that meets
c 6.
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: Land Management Group submitted
a Jurisdictioanl Determiatnio Report to our office on September 18, 2019, with revisions received in
November 2019.
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).
0 Photographs: Aerial: Google Earth
❑ Corps site visit(s) conducted on: Date(s).
0 Previous Jurisdictional Determinations (AJDs or PJDs): SAW-2018-00481, Phobos Solar, Preliminary
JD, issued November 9, 2018.
❑ Antecedent Precipitation Tool: provide detailed discussion in Section 111.B.
0 USDA NRCS Soil Survey: Nash County, GIS Soils Data, SAW Regulatory Viewer
0 USFWS NWI maps: USFWS NWI Mapper
0 USGS topographic maps: USGS 1:24K — NC Bunn East
Other data sources used to aid in this determination:
Data Source select
Name and/or date and other relevant information
USGS Sources
N/A.
USDA Sources
N/A.
NOAA Sources
N/A.
USACE Sources
SAW Regulatory Viewer / August 2020
State/Local/Tribal Sources
N/A.
Other Sources
N/A.
B. Typical year assessment(s): Antecedent Precipitation Tool indicates normal conditions during 11/18/2019
on -site field verification conducted by the Corps.
C. Additional comments to support AJD: Refer to the enclosed Figure 7, Post-USACE, Preliminary
Wetland, Overview Map dated November 2019 for a detailed summary of waters on -site.
Page 4 of 4 Form Version 29 July 2020_updated
Legend
Boundary - 244.5 ac
i..
Uplands - 229.5 ac (94%)
Wetlands 12.6 ac (5%)
' _ o
J_Wetland 1 Pond — 1.1 ac (<1 /o)
Trib 1
• -+ #�, ••••••••• Intermittent Tributary - 3,117 If
... -,,,- Perennial Tributary - 877 If
Excluded Wetlands 0.2 ac (<1 %)
n
.� Excluded Ponds - 1.2 ac (<1 %)
Off -Site Wetland
Jurisdictional
i Pond 1
Culverts
Co Data Point Locations
y µ ' Photo Station Locations
Stream Form Locations
f y
.Trib 3
i Wetland 4
S Wetland 2
n,
k Excluded
Wetland 1
Trib
,' } Excluded
Wetland 3 Pond 1 x
Excluded :' ,
Pond 2
4
i
y
This is not a survey. All boundaries and distances are considered approximate. This
represents a preliminary sketch prepared from field notes. This delineation was
performed by Paul Farley and Cameron Owens between 07-29-19 & 07/31/19. This site v
was reviewed and approved by Samantha Dailey of the USACE on November 18, 2019. E ERE, G r i c OperiS e M p but r S urce: E D g G b-, Ge Eye, Earthstar
G p � ,ONES Airbu DS, DA, SGS, A-r GRID, IGN, d GIS r C munit'yr.
L:\WETLANDS\2019 WETLANDS FILES\LMG19.260 --- N 0 500 1,000 2,000
Phobos Solar, Silver Creek Energy\Maps Feet
Boundaries are approximate and not meant to be absolute.
Map Source: 2016 GIS World Imagery Scale applies to 11X17" print.
Phobos Solar
Silver Creek Energy 4LMG Figure 7
Nash County, NC Post-USACE
LAND MANAGEMENT GROUP
a DAVEY . company Preliminary Wetland
Map Date: November 2019 3805 Wrightsville Avenue Overview Map
LMG19.260 Wilmington, NC28403
(910)452-0001
EL Waters_Name
Cowardin_Code
HGM_Code Me
t� NWPR_Determine_Code
Local Waterway
Wetland 1
NORTH CAROLINA
PFO
Area
6.52 ACRE
A4WETABUT
35.89551600
-78.16621200 Turkey Creek
Wetland 2
NORTH CAROLINA
PFO
Area
2.8 ACRE
A4WETABUT
35.88412500
-78.16256300 Turkey Creek
Wetland 3
NORTH CAROLINA
PFO
Area
0.58 ACRE
A4WETABUT
35.87991600
-78.16535000 Turkey Creek
Wetland 4
NORTH CAROLINA
PFO
Area
2.7 ACRE
A4WETABUT
35.88600100
-78.14722900 Turkey Creek
Trib 1
NORTH CAROLINA
R4
Linear
2316 FOOT
A2TRIBINT
35.89551600
-78.16621200 Turkey Creek
Trib 2
NORTH CAROLINA
R5
Linear
877 FOOT
A2TRIBPER
35.88412500
-78.16256300 Turkey Creek
Trib 3
NORTH CAROLINA
R4
Linear
800 FOOT
A2TRIBINT
35.88447300
-78.16325800 Turkey Creek
Pond 1
NORTH CAROLINA
POW
Area
1.1 ACRE
AKPIFLOW
35.89425500
-78.16736000 Turkey Creek
Excluded Wetland 1
NORTH CAROLINA
PFO
Area
0.2 ACRE
BIEXCLUDEDOTH
35.88379100
-78.14708800 Turkey Creek
Excluded Pond 1
NORTH CAROLINA
POW
Area
0.4 ACRE
BBLPIART Yes -would NOT have been an (a;
35.88207200
-78.16444700 Turkey Creek
Excluded Pond 2
NORTH CAROLINA
POW
Area
0.8 ACRE
BBLPIART Yes -would NOT have been an (a;
35.87758600
-78.14547900 Turkey Creek