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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