20210915 Ver 1_USACE Permit_20220121

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-02059 County: Guilford U.S.G.S. Quad: NC -Browns Summit
GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: SL Reedy Fork, LLC
Attn: Holden Sabato
Address: 195 Morristown Road
Basking Ridge, NJ 07920
Size (acres) —158.5 Nearest Town Greensboro
Nearest Waterway UT to Reedy For River Basin Cape Fear
USGS HUC 03030002 Coordinates 36.185959,-79.709386
Location description: The project area is located on the west side of Summit Avenue, approximately 0.3 mile south of its
intersection with Brown Summit Road, at 5955 Summit Avenue, Greensboro, Guilford County, North Carolina.
Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 0.034 acre
(634 linear feet) of stream channel (0.2 acre [373 linear feet] of which is considered a permanent loss) and 0.217 acre of
riparian non-riverine wetlands, and the temporary discharge of fill material into 0.007 acre (96 linear feet) of stream channel.
The above discharges include the relocation of approximately 0.014 acre (261 linear feet) of stream channel using natural
channel design techniques. These impacts are necessary for the construction of an industrial distribution/warehouse logistics
center that consists of two warehouse buildings and associated infrastructure, including trailer and emnlovee narking, truck
courts, access roads, a sanitary sewer, and three storm water control measures.
Applicable Law(s): © Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 39. Commercial and Institutional Developments
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
Conditions, your application signed and dated 12/16/2021, and the enclosed plans Permit Figures 1 through 20. Any violation of
the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration
order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general
permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided
it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization
expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the
nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon
the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the
date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been
exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact David E. Bailey at [phone] X 30 or David.E.Bailev2(&usace.armv.mil.
Corps Regulatory Official: / Date: 2022.01.21 14:40:28-05'00' Date: 01/21/2022
Expiration Date of Verification: 3/15/2026

SAW-2019-02059
SPECIAL CONDITIONS
1. In order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined on the most recent version of the attached Compensatory
Mitigation Responsibility Transfer Form. The requirements of this form, including any special
conditions listed on this form, are hereby incorporated as special conditions of this permit
authorization.
2. Stream CH 100 must be relocated using natural channel design techniques. The approved stream
relocation is shown on Permit Figures 7 and 8 of the enclosed plans. This stream must be relocated
according to the plans and descriptions shown on Permit Figures 8 through 20 of the enclosed
plans. These activities shall be completed no later than May 31, 2022. Once the stream relocation
work is complete, you must submit an initial report within 30 days detailing the work completed,
including a photograph record sufficient to document the entirety of the stream relocation reach.
3. Following submittal of the initial report (see Special Condition 2), the relocated stream shall be
monitored annually, and an annual report submitted to the U.S. Army Corps of Engineers,
Wilmington District, Raleigh Regulatory Field Office (Corps) no later than December 31st of each
year. The monitoring report shall include photographs of re -occurring vegetation plots to assess
plant survival, and collection and analysis of data to assess stability of the longitudinal profile and
four marked cross sections. Over the life of the monitoring period, two bankfull events shall be
documented, if available. Monitoring shall continue for a minimum of five years or until the Corps
determines that monitoring can be discontinued.
4. If, after the monitoring period has concluded, the stream relocation is not successful for any
reason, including due to erosion, instability, or hydrology insufficient to render the feature
jurisdictional according to Section 404 of the Clean Water Act, the Corps will require contingency
measures. Contingencies may include re-evaluation of this Nationwide Permit 39 authorization
pertaining to compensatory mitigation requirements for Impacts S1 through S4.
5. Groundwater base flow below the authorized impact limits at Impacts W4 and S4/W5 must be
maintained per the filtered trench drains as shown on Permit Figure 6 (i.e. "Filtered Trench Drain
@ Wetland Disturbances") of the enclosed plans.
6. The temporary stream impacts proposed at the three open -cut sewer line crossings (S5, S6, and
S7) must be installed in the dry. Stream substrate must be excavated and stockpiled separately
from soil and other material not compatible with stream substrate. Following sewer line
installation, these streams must be restored by reconstructing the stream channel bed and banks
to the pre-existing channel dimensions, with suitable stockpiled stream substrate placed back into
the stream bed. The stream banks must be stabilized with a regionally appropriate native seed mix
and coir matting.

SAW-2019-02059
7. Please note that future impacts and/or phases of the Reedy Fork commercial/industrial
development, and related activities associated with Corps Action ID: SAW-2019-02059, may be
considered part of a single and complete project; these impacts may be considered cumulative
with impacts authorized during earlier phases with respect to compensatory mitigation and
Nationwide Permit thresholds. Current cumulative impacts to waters of the US for the Reedy
Fork commercial/industrial single and complete project include a total loss of 0.2 acre (373 linear
feet) of streams and 0.217 acre of wetlands, or a total of 0.417 acre of waters of the US.
Date: 2022.01.21
Corps Regulatory Official: 14:40:04-05'00' Date: 01/21/2022
Expiration Date of Verification: 3/15/2026
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 https://regulatory.ops.usace.army.mil/customer-service-survey.
Copy furnished:
Jennifer L Robertson, ATLAS Environmental, Inc., 338 S. Sharon Amity Road, #411, Charlotte, NC 28211
Sue Homewood, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston Salem NC 27105

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: SL Reedy Fork, LLC, Holden Sabato Action ID: SAW-2019-02059
Project Name: Reedy Fork Industrial / Summit Avenue / Greensboro / Guilford County County: Guilford
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting
authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the
mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic
Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must
be provided to the appropriate Mitigation Sponsors.
Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released
and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified
mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor
must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project
Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on
page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.217
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.4
Mitigation Site Debited: KCI Cape Fear 02 Umbrella Mitigation Bank - Black Bull Stream and Wetland Mitigation Bank
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington
District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide
the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Version 10 June 2020 updated

CESAW-RG (File Number, SAW-2019-02059)
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized
impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas
may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District
within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this
form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the District administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions: A letter from KCI, confirming they are willing and able to accept the applicant's
compensatory mitigation responsibility, dated 7/30/2021 was included with the preconstruction notification.
The wetland credits required correspond to 0.183 acre and 0.034 acre of wetland impacts at 2:1 and 1:1,
respectively.
This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District
Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to [e-mail] V.mil).
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: David E. Bailey
USACE Field Office: Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: [e-mail]
Date: 2022.01.21
14:37:43-05'00'
USACE Project Manager Signature
01/21/2022
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mi1.

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PERMIT FIGURE 15
ERNS?'
Ernst Conservation Seeds
8884 Mercer Pike
Meadville, PA 16335
[phone] Fax [phone]
www.ernst5eed.com
SEEDS
Date: December 10, 2020
NC Piedmont Riparian Mix - ERNMX-307
Botanical Name Common Name Priceflb
26.00 % Sorghastrum nufans, G4 Ecotype Indiangrass, GA Ecotype 4.11
25.00 % Panicum anceps Beaked Panicgrass 30.80
20.00 % E,41mus vurginl[us, 'Medava Virginia Wildrye, 'Madison' 6.05
20.00 % Panicum clande-ovum, Toga Deertcngue, Tioga 18.52
4.00 % 05amaecrista fasciculata, FL Frappe Partridge Pea, FL Ecotype 11.00
2.00 % NibrSCUSmLLrCheUtOS, Coa5Wigain NCEC04W Crimwneyed Rosemallow, Coastal Plain NC ECotype 162.80
1.00 % ]uneus effusus, CoaA31 Plain NC EcUype Soft Rush, Coastal Plain NC Ecotype 44.00
1.00 % luneuS tenv&,, NCECvtpe Path Rush, NC Ecotype 72.60
1.00 % uermnia novebaracensis, PA Ecotype New York Ironweed, PA Ecotype 242.00
100.00 0/a Mix Price/lb Bulk: $20.96
Seeding Rate: 20 lb per acre
Riparian Sites
This mix of grasses and grass -like species will tolerate flooding and provide food and cover for native game birds in the Piedmont
region, Mix formulations are subject to change without notice depending on the availability of existing and new products. While the
formula may change, the guiding philosophy and function of the mix will not.
Price quotes guaranteed for 30 days.
All prices are FOB Meadville, PA.
Please check our web site at www.ernstseed.com
for current pricing when placing orders.
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte

PERMIT FIGURE 16
L,M��rlti, Foggy Mountain Nursery, LLC
Moasrar
Horne I Live Stakes I Christmas Tree
Live Stakes Pace Lis+
Christmas Price List
1,eam Restoration I Current Proje I Staff I Corita. ,!;
f`��,tf Mc�unt:a�
Native Plants and Live Stakes
Phone Numbers: Fax Number:
Mailing Address: Shipping Address:
336) 384-LEAF (5323) (336) 384-FROG (3764)
251 Ld Liltle Road 797 11Mon Creek Road
330 977-2958 Email: foggymtnCi skybrst.corn
Creston, North Carolina 28615 Lansing. North Carolina 28643
NATIL'E PLANTS
S5.25/ 1 Gal [on and $14,00/3 Gallon
•Call for availabillty: Not all plants listed in can stant supply
iron Ash (Frocxiuus peunp Ivan ira )
Black Walnut (Jughms nigra)
LIVF.STAKES
Black Gum (N)ssa Vh•aticd)
Pncc per bundle (50 Live Stakes'Bundle)
Silky Dogwood (Curuur umununt)
Red Maple (Ater rubrum)
Black Willow (SaRx nigra) $24.00
Water Oak (Quercus nigra)
Silky Dogwood (Corpus amonum) $22.00
Willow Oak (Quercus phellos)
Silky Willow (Salix sericea) $22.00
White Oak (Quercus alba)
Nine Bark (Physocarpus opulyolius) $22.00
Northem Red Oak (Quercus rubra)
Elderberry (Sambucus canadensis) $23.00
ersimmon (Djospyros virginiana)
Buttonbush (Cephalanthus occidentalis) $28.00
River Birch (Betula nigra)
Sugarberry (Celtic laevigaia)
Brush Mattress Available in Species Listed Above
Sycamore (Platanus occidentahs)
(25+ Live Branches/Bundle $18.001bundle)
rag Alder (Alnus serrulata)
Dogwood (flowering) (Corpus Jlorida)
BARE ROOT PLANTS
Eastern Redbud (Cercis canadensis)
Call for Prices and availability
Yellow Poplar (Liriodendron tulipifera)
interbeny (11ex verticillata)
Crab Apple (Malus angustifolia)
Possumhaw (Ilex decidua)
Wild Cherry (Pmnus serolina)
Sugar Maple (deer saccharum)
I emlock Canadian (Puga canadensis)
Striped Maple (Acerpensylvanicum)
Hemlock Carolina (Tsuga caroliniana)
Spicebush (Lindera benzoin)
Ironwood (Acacia estrophiolata)
Chestnut Oak (Quercus prinus)
Black Birch (Betula lento)
Ironwood (Acacia estraphiolata)
Yellow Birch (Betula alleghaniensis)
Black Birch (Berula lenta)
Beech (Fagus grandifolia)
ellow Birch (Betuta alleghaniensis)
Sugar Maple (Acer saccharum)
Beech (Fagus grandifolia)
Striped Maple (Acer pensplvanicum)
Rhododendron (Rhododendron catawbtense)
Spicebush (Lindera melissifolia)
Hernlock Canadian (Tsuga canadensis)
Chestnut Oak (Quercus prinus)
Arrowwood
Yellow Poplar (Llriodendron iuloifera)
Wild Chevy (Prunus serodna)
Red Maple (Acer rubrum)
Hornbeam (Carpinus caroliniana)
White Pine (Pinus sfrobus)
rab Apple (Malus angustifolia)
Spiraea (Spiraea lhunbergii or Spiraea vanhoutle)
Choke Berry (Amnia arbullfolia)
Wilchhazel (Hamamelis virginiana)
Paw Paw (Asimma lriloba)
Hazelnut (Coiylus avellana)
Mountain Laurel (Kalmia latifolia)
I ligh Bush Blueberry (Nacciniumsp.)
S iraea (Spiraea thunhergii or Spiraea vanhoutte - 3 gal only
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte

'oggy Mountain Nursery is located in northwest North Carolina at an elevation of 3200 feet. We grow a wide variety of plant materials especially
elected for colder climate conditions.
oggy Mountain Nursery is locally owned and operated by Glen and Allison Sullivan. We welcome you to visit our nursery to see how our plants
ire grown. Please call for an appointment.
oggy Mountain Nursery is annually inspected by the North Carolina Department of Agriculture.
Terms & Conditions
iome plant materials not listed, quantity and stock vary. Prices subject to change. Because we cannot control the maintenance after the plants leave
)ur Gore, there is no warranty on plant material.. We will at no lime be responsible for more than the purchase price of the [slant material
kll sales are COD unless prior arrangements have been made. All invoices on credit must be paid within 30 days. A 1.5% monthly service charge
vilI be added to all accounts that are not paid in 30 days.
rhere is a S25.00 service charge for all returned checks in addition to collection and attorney fees.
Shipping
'lease call for shipping arrangements.
Home Live Stakes Christmas Trees Price List Contact Vs
Ploasc feel fine to drop u5 a line to sliare your t9mu,its on the siie, all conrotrnr; arr uclenmed. Contact u3 a foggymtngskybest.com
CopyrighlV 2UI6 Foggy Mountain Nursery
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte

r--A
PERMIT FIGURE 17
z n.
I� -Y3w
W
sy into bank for
minimum length
jual to bank
sight Vegetate
sy excavation with
,e cuttings/clumps
sfore backfill.
Toe of bank
1�
Flow
Rock Vane Plan
Flow
XExisting
Stream Bed
— 2.5' ---
Backfill Anticipated
excavation _ Scour Hole
with cobble
and chink
gaps Rock Vane Section A
Live cuttings/clumps
r � ,
Varies
0.3'
5' to 2'
' to 5'
3' to 4'
Typical Rock Dimensions and Placement
Live cuttings/clumps
Rock Vane Section B
Footer rocks should be
—50% larger than other
Notes: The rocks should be rectangluar or nearly so at the rock to rock contact. The rock to
rock contact should be solid. If rocks are not perfectly flat, the thicker end should be placed
downstream.
'AAA�
`W51WW f
r� �

PERMIT FIGURE 18
Rock—
Riprap
2.
Nail
Sta
or r
Geot
Live Clumps
Live Cuttings
Install live clumps and live cuttings
00 into adjacent protection during
construction. Extend to below
stream bed.
Logs (2min)
Rebar anchors Soil anchors
(2min) (optional)
Use logs that are straight, uniform diameter and
free of rot, disease or insect infestation.
Flow> � Rebar
rr Notch
Backfill with cobble
Geotextile --f —
D=
r_ .r
<tt`
Geot
2 x,e
S1
or
Rock Riprap
z2H
Dar
Drill 1)/8" dia.
hole and drive
#8 rebar
through. Bend
end at top.
End rock elevated
< YaH
Streambed

PERMIT FIGURE 19
PLACE COIR ROLLS PARALLEL
TO THE STREAMBANK ALONG
A HORIZONTAL CONTOUR
W
\O 12 a
(600mm)
O
o v
0 0 1 1/2 " X 1 1/2
DOUBLE STAKES OPTIONAL (is X 3B mm)
REQUIRED FOR OFFSHORE RECOMMENDED
INSTALLATION LENGTH OF STAKE
DETERMINED BY THE SUBSTRATE
PLACE COIR ROLL SUCH THAT THE ROLL EXTENDS
2" (50 mm) ABOVE MEAN WATER ELEVATION
i
MEAN WA TER
ELEVATION
DRIVE STAKE^"
THROUGH NETTING /
O
O
Project Name: Reedy Fork
7WAL 1... LAS Location: 5955 Summit Avenue Brown Summit, NC 27214
V�FRONMENTAL For: SL Reedy Fork LLC Attn: Holden Sabato
Coordinates: 36.18668,-79.70964 Date: Dec. 02, 2021

PERMIT FIGURE 20
NG / L.J.
1. Tilt branches down into the slope 10°-20° min.
2. Brushldyering may be constructed with non —compacted or compacted bdckfill
without damage to the brush /dyer.
J. Branches irrespective of length, should protrude 8-18in. (0.20-0.50 meters
beyond the face of the slope.
(ZI VIRONMENTAL
338 S. Sharon Amity #411
Charlotte NC, 28211
Brush Layering
with Rock Toe
Protection
Scale: Not to Scale Sheet: 1 of 1
Construction Typical
Brush Layer/Rock Toe
Drawn By: ©1999 John McCullah
*Conceptual Plan - Not For Construction

Action ID Number: SAW-2019-02059 County: Guilford
Permittee: SL Reedy Fork, LLC (Attn: Holden Sabato)
Project Name: Reedy Fork Industrial / Summit Avenue / Greensboro / Guilford County
Date Verification Issued: 01/21/2022
Project Manager: David E. Bailey
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: David E. Bailey
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
or
[e-mail]
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date

SAW-2019-02059
A. Determination of Jurisdiction:
1. ❑ 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). 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. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work
in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
2. ❑ There are Navigable Waters of the United States within the above described project area 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). This determination may be relied upon for a period not to exceed five years from the date of this notification, provided
there is no change in law or our published regulations or new information that warrants revision of this determination.
3. ® There are waters, including wetlands within the review area, limited to those areas proposed for direct/indirect impacts
by the applicant via the PCN dated 12/16/2021, that are subject to the permit requirements of Section 404 of the Clean
Water Act (CWA) (33 USC § 1344). This determination may be relied upon for a period not to exceed rive years from the
date of this notification, provided there is no change in law or our published regulations or new information that warrants
revision of this determination.
4. A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may
request an approved JD, which is an appealable action, by contacting the Corps for further instruction.
5. ® The potentially jurisdictional areas within the remainder of the property have been identified under a previous action.
Please reference the preliminary jurisdictional determination issued 6/2/2020. Action ID: SAW-2019-02059.
B. Basis For Determination: See the Approved Jurisdictional Determination and Preliminary
Jurisdictional Determination forms. dated 01/21/2022 and 6/2/2020. respectively.
C. Remarks:
D. 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.
E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above).
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Philip Shannin, Appeal Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
AND
PHILIP.A. SHANNINgUSACE.ARMY.MIL

SAW-2019-02059
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 03/22/2022 .
It is not necessary to submit an R TA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official:
Date: 2022.0 1.2 1
14:38:13-05'00'
David E. Bailev
Date of JD: 01/21/2022 Expiration Date of AJD: 1/20/2027
Expiration Date of PJD: N/A

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: SL Reedy For LLC (Attu: Holden Sabato) File Number: SAW-2019-02059
Date: 01/21/2022
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
❑X
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 or http://www.usace.army.miUMissions/CivilWorks/ReaulatoryProgramandPenuits.asi)
OZI& 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 district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or 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
Attn: David E. Bailey
ADMINISTRATIVE APPEAL REVIEW OFFICER
Raleigh Regulatory Office
CESAD-PDS-O
U.S Army Corps of Engineers
60 FORSYTH STREET SOUTHWEST, FLOOR M9
3331 Heritage Trade Drive, Suite 105
ATLANTA, GEORGIA 30303-8803
Wake Forest, North Carolina 27587
PHONE: [phone]; FAX [phone]
EMAIL: PHILIP.A.SHANNIN(aUSACE.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 opportum to participate in all site invest] 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: David E. Bailey, 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. Philip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION L• BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): January 21, 2022
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Reedy Fork Industrial / Reedy Fork Ranch site /
5955 Summit Avenue / Greensboro / Guilford County / industrial, SAW-2019-02059
C. PROJECT LOCATION AND BACKGROUND INFORMATION: The project area is located on the west side of Summit
Avenue, approximately 0.3 mile south of its intersection with Brown Summit Road, at 5955 Summit Avenue, Greensboro, Guilford
County, North Carolina. AJD review area is limited to those areas proposed for direct/indirect impacts by applicant via PCN dated
12/16/2021.
State: North Carolina County/parish/borough: Guilford County City: Greensboro
Center coordinates of site (lat/long in degree decimal format): Lat. 36.1884483372849°N, Long.-79.7131947945247' W
Universal Transverse Mercator. 17 615703.114005617.69
Name of nearest waterbody: UT to Reedy Fork
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Haw River
Name of watershed or Hydrologic Unit Code (HUC): Haw, 03030002
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
❑ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different
JD form:
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 9/15/2021
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
❑ Waters subject to the ebb and flow of the tide.
❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): 1
❑ TNWs, including territorial seas
❑ Wetlands adjacent to TNWs
® Relatively permanent watersz (RPWs) that flow directly or indirectly into TNWs
❑ Non-RPWs that flow directly or indirectly into TNWs
® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
❑ Impoundments of jurisdictional waters
❑ Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non -wetland waters: 2680 linear feet, 1-5 wide, and/or acres.
Wetlands: 0.345 acres.
c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if known):
Non -regulated waters/wetlands (check if applicable):3
❑ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
SECTION III: CWA ANALYSIS
1 Boxes checked below shall be supported by completing the appropriate sections in Section III below.
z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
s Supporting documentation is presented in Section III.F.

-2-
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section I LAA and Section IH.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections I LAA and 2
and Section HI.D.1.; otherwise, see Section I LB below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent'
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section HLD.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section I LDA.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section HI.B.1 for
the tributary, Section I LB.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section HLC below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 32 acres
Drainage area: 7 acres
Average annual rainfall: 39.25 inches
Average annual snowfall: 6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
® Tributary flows through 3 tributaries before entering TNW.
Project waters are 15-20 river miles from TNW.
Project waters are 1 (or less) river miles from RPW.
Project waters are 10-15 aerial (straight) miles from TNW.
Project waters are 1 (or less) aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW': CH 700 (seasonal RPW) to Stream 5 (RPW) to Reedy Fork (RPW) to Haw River
(TNW)
Tributary stream order, if known: I'
4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
'Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.

-3-
(b) General Tributary Characteristics (check all that aply):
Tributary is: ® Natural
❑ Artificial (man-made). Explain:
❑ Manipulated (man -altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: 4 feet
Average depth: 1 feet
Average side slopes: Vertical (1:1 or less).
Primary tributary substrate composition (check all that apply):
❑ Silts ® Sands ❑ Concrete
® Cobbles ® Gravel ❑ Muck
® Bedrock ❑ Vegetation. Type/% cover.
❑ Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: relatively stable, though with some
eroding banks in bends
Presence of run/riffle/pool complexes. Explain: present but weak
Tributary geometry: Meandering
Tributary gradient (approximate average slope): 1-2 %
(c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flow events in review area/year: 6-10
Describe flow regime: flow during low Et periods of the year and in high Et times of the years followng rainfall
Other information on duration and volume:
Surface flow is: Confined. Characteristics: Confined to banks due to incised reach
Subsurface flow: Unknown. Explain findings:
❑ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
® OHWM6 (check all indicators that apply):
® clear, natural line impressed on the bank
® changes in the character of soil
® shelving
❑ vegetation matted down, bent, or absent
® leaf litter disturbed or washed away
❑ sediment deposition
❑ water staining
❑ other (list):
❑ Discontinuous OHWM' Explain:
❑ the presence of litter and debris
® destruction of terrestrial vegetation
❑ the presence of wrack line
® sediment sorting
❑ scour
® multiple observed or predicted flow events
❑ abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
❑ High Tide Line indicated by: ❑ Mean High Water Mark indicated by:
❑ oil or scum line along shore objects ❑ survey to available datum;
❑ fine shell or debris deposits (foreshore) ❑ physical markings;
❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types.
❑ tidal gauges
❑ other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain: Water clear on site visit days. But feature occurs along the edges of a previously active pasture, with signs of
cattle intrusion and resulting unstable banks.
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.

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Identify specific pollutants, if known: Likely nutrient addition from cattle waste until recently. Sediment loading still
likely due to eroding bank sections.
(iv) Biological Characteristics. Channel supports (check all that apply):
® Riparian corridor. Characteristics (type, average width): 25-75' wide mixed hardwood forest
® Wetland fringe. Characteristics: Wetland 7000 is a seep above the head of Stream CH 700. Mixed hardwood PFO.
® Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
® Aquatic/wildlife diversity. Explain findings: Seasonal water source for common wildland-urban interface
species.
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: 0.103 acres
Wetland type. Explain: PFO (Cowardin), Headwater Forest (NCWAM)
Wetland quality. Explain: medium (See NCWAM form in file)
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Ephemeral flow. Explain: Seepage and runoff from Wetland WL 7000 to Stream CH 700 during low Et
times of the year and in high Et times of the year following rainfall events.
Surface flow is: Overland sheetflow
Characteristics:
Subsurface flow: Yes. Explain findings: Seepage from wetland into stream channel visible during site visits.
❑ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
® Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
❑ Ecological connection. Explain:
❑ Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are 15-20 river miles from TNW.
Project waters are 10-15 aerial (straight) miles from TNW.
Flow is from: Wetland to navigable waters.
Estimate approximate location of wetland as within the 500-year or greater floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain: No surface water in wetland, and seepage water appeared clear. However, feature
occurs along the edges of a previously active pasture with signs of cattle intrusion
Identify specific pollutants, if known: Likely nutrient addition from cattle waste until recently.
(iii) Biological Characteristics. Wetland supports (check all that apply):
® Riparian buffer. Characteristics (type, average width): Wetland WL 7000 occurs at the head of Stream CH 700, in the
stream buffer between 25-75' wide.
® Vegetation type/percent cover. Explain: Mixed hardwood PFO
® Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
® Aquatic/wildlife diversity. Explain findings: Habitat for common wildland-urban interface species.
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: 1

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Approximately 0.103 acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Wetland 7000 (Y) 0.103
Summarize overall biological, chemical and physical functions being performed: Wetland WL 7000 and others in similar
landscape position receive preciptation-derived- and ground- water from surrounding land, retain water, physically
trap and retain sediment and allow biogeochemical anaerobic processes (i.e. denitrification) to occur to improve
water quality, and serve as groundwater recharge areas. These headwater wetlands serve asseasonal food
sources/cover for a variety of typical wildland/urban interface wildlife species.
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section IILD:
Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section IILD:
Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
❑ TNWs: linear feet, wide, Or acres.
❑ Wetlands adjacent to TNWs: acres.
RPWs that flow directly or indirectly into TNWs.
® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: Streams CH 100, 400, 500, and 600 were all determined to flow year-round by the consultant
(Atlas Env.), occur within natural topographic drainages, and have continuous bed and banks and indicators of

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Ordinary High Water Marks including: clear, natural line impressed on the bank; the presence of litter and debris;
changes in the character of soil including hydric soils observed within and on the edges of the channel; destruction of
terrestrial vegetation; shelving; vegetation matted down, bent, or absent; sediment sorting; leaf litter disturbed or
washed away; scour; sediment deposition; and multiple observed flow events.
® Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally: Stream CH 700 occurs in a natural topographic drainage, was determined to have a seasonal flow regime
by the consultant (Atlas Env.), and has a bed and bank and indicators of OHWM as described in Section III.13.1(ii)(c).
Provide estimates for jurisdictional waters in the review area (check all that apply):
® Tributary waters: 2680 linear feet 1-5 wide.
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
Non-RPWs1 that flow directly or indirectly into TNWs.
❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section IILC.
Provide estimates for jurisdictional waters within the review area (check all that apply):
❑ Tributary waters: linear feet, wide.
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
® Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that
tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW:
Wetlands WL1100,1200, 4300/4500, and 5000 all extend to the banks of perennial RPWs.
® Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW: Wetland WL 7000 extends to the banks of a seasonal RPW.
Provide acreage estimates for jurisdictional wetlands in the review area: 0.345 acres
Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section IILC.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres
Impoundments of jurisdictional waters?
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
❑ Demonstrate that impoundment was created from `waters of the U.S.," or
❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
❑ Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):"
'See Footnote # 3.
9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
m Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.

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❑ which are or could be used by interstate or foreign travelers for recreational or other purposes.
❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
❑ which are or could be used for industrial purposes by industries in interstate commerce.
❑ Interstate isolated waters. Explain:
❑ Other factors. Explain:
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
❑ Tributary waters: linear feet, wide.
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
❑ Wetlands: acres.
F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
❑ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
❑ Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
❑ Non -wetland waters (i.e., rivers, streams): linear feet, wide.
❑ Lakes/ponds: acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
❑ Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
❑ Non -wetland waters (i.e., rivers, streams): linear feet, wide.
❑ Lakes/ponds: acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
❑ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Aerial, soils, topo, and delineation maps (Atlas
Env.)
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: 1:24K; Browns Summit
® USDA Natural Resources Conservation Service Soil Survey. Citation: Guilford Co. Soil Survey
❑ National wetlands inventory map(s). Cite name:
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date): NCCGIA 2018
or ❑ Other (Name & Date):
® Previous determination(s). File no. and date of response letter. SAW-2019-02059, PJD issued 6/2/2020

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❑ Applicable/supporting case law:
❑ Applicable/supporting scientific literature:
® Other information (please specify): QL2 LiDAR (NC Floodmaps)
B. ADDITIONAL COMMENTS TO SUPPORT JD:
AJD request sent by agent, who was unaware that there was an existing PJD (from a different consultant). They noted mapping
problems with the PJD (which were acknowledged by the Corps). The AJD review area is limited to those areas proposed for
direct/indirect impacts by applicant. Field verification of this AJD delineation conducted on 9/15/2021.
This form documents Perennial RPWs Streams CH 100, 400, 500, and 600 and abutting wetlands WL1100, 1200, 4300/4500, and
5000, as well as seasonal RPW CH 700 and abutting wetland WL 7000.