20220205 Ver 1_SAW-2021-02196 PJD Tearsheet with Map_20220131

SAW-2021-02196
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-02196 County: Rowan U.S.G.S. Quad: NC -China Grove
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: ECS Limited
Ro n Jo hnso n
Address: 1812 Center Park Drive, Suite D
Charlotte, NC 28217
Telephone Number: [phone]
E-mail: rgi o hnso nn.ecslimited.com
Size (acres) 72.2 Nearest Town China Grove
Nearest Waterway Cold Water Creek River Ba sin Upper Pee Dee
USGS HUC 03040105 Coordinates Latitude: 35.5692586
Longitude:-80.5669552
Location description: Approximately72 acres located at 910 Grove Street. in China Grove, North Carolina. PINs
12401090000001.1240190000002,124061,124102,124046
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appearto be waters, including wetlands on the above -de scribed project area/property, that maybe subject to Section404
of the Clean WaterAct (CWA)(33 USC § 1344) and/or Section 10 ofthe 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. The approximate boundaries of these waters are shown on the enclosed delineation map dated 8/19/2021. Therefore,
this preliminary jurisdiction detenninationm ay be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of im pacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat allwaters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictionalwa ters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative AppealProce ss (Reference 33 CFR Part3 31). However, you may
request an approved JD, which is an appealable action, by contacting the Corps districtfor further instruction.
❑ There appear to be waters, including wetlands on the above -de scribed project area/property, that maybe subject to Section404
of the Clean WaterAct (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 notbeen properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over a llof the waters, including wetlands atthe project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conducta delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters ofthe United States within the a bove-de scribed project area/property subject to the permit
requirements of Section 10 of the Rivers andHarbors Act (RHA) (33 USC § 403) and Section 404 ofthe Clean WaterAct
(CWA)(33USC§ 1344). Unless there is a change in law or our published regulations, this determination maybe relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlandson the above -described project area/property subject to the permit requirements of Section
404 of the Clean WaterAct (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination maybe relied upon for a period not to exceed five years from the date ofthis notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may notbe
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultantto conduct a delineation that
can be verifiedby the Corps.

SAW-2021-02196
❑ The waters, including wetlands on yourprojectarea/property have been delineated and the delineationhas been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of allareas subjectto CWAjurisdiction on your property which, provided
there is no change in the law or our published regulations, maybe relied upon fora period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination maybe relied upon for a period not to exceed five years from the date ofthis notification.
❑ There are no waters of the U.S., to include wetlands, pre sent on the above -de scribed project area/property which are subject to the
permit requirements of Section404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination maybe relied upon for a period notto 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 CoastalMa nagement in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill materialwithin waters of the US, in cludin g wetlands, without a Department ofthe Army permit may
constitute a violation of Section301 of the Clean WaterAct (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters ofthe 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/or403). If you have any questions
rega rdin g this determination and/or the Corps regulatory program, please contact Jean B. Gibby at [phone], ext. 24 or
Je a n.B.GibbX&usace.army.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 10/31/2021.
D. Remarks:
E. Attention USDA Program Participants
This delineation/determinationhas been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may notbe valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
If you object to this determination, you may request an adin inistrativeappeal under Corps regulations at33CFRPart 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. Ifyourequest to appealthis
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth StreetSW,FloorM9
Atlanta, Georgia 3 0303-8803
AND
PH I L I P.A. SHANNIN&USACE.ARM Y.MIL
In order for an RFAto be accepted by the Corps, the Corps must determine that it is complete, thatit meets the criteria for appeal
under 33 CFR part 331.5, andthat it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
* * It is not necessary to submit anRFAform to the Division Office if you do notobject to the determination in this correspondence."
Corps Regulatory Official:

SAW-2021-02196
Date of JD: 10/31/2021 Expiration Date of JD: Not applicable
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Copy furnished:
Agent: American Engineering
Ms. Sara Shirley
Address: 8008 Corporate Center Drive, #110
Charlotte, NC 28226
Telephone Number: [phone]
E-mail: sshirleykamerican-ea.com
Property Owner: Alice Juliette H Stephens
Address: 910 Grove Street
China Grove, NC 28023
Telephone Number: [phone]
Property Owner: James Philip Bostian
809 Liberty Street
China Grove, NC 28023

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: ECS Limited, Ron Johnson File Number: SAW-2021-02196
Date: 10/31/2021
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMITDENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
®
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies yourrights and options regarding an administrative appealof the above decision.
Additional information may be found at orhttp://www.usace.army.miUMissions/CivilWorks/Regulatory Pro aamandPermits.aspx
or the 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 yourwork 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 appealthe permit, including its terms and conditions, and approved jurisdictionaldeterminations 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 yourright to appealthe permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a)modify the permit to address allof 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
evaluatingyour 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 appealthe 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 yourwork 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 appealthe permit, including its terms and conditions, and approved jurisdictionaldeterminations 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 appealthe declined permit underthe Corps of Engineers Administrative AppealProcess by completing Section II of
this form and sendingthe 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 appealthe denialof a permit underthe Corps of Engineers Administrative AppealProcess 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 orappealthe 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 appealthe approved JD.
• APPEAL: If you disagree with the approved JD, you may appealthe approved JD under the Corps of Engineers
Administrative AppealProcess 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 maybe appealed),
by contactingthe Corps district for further instruction. Also you may provide newinformation for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FORAPPEAL OROBJECTIONS: (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 appealis limited to a review of the administrative record, the Corps memorandum forthe
record of the appealconference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant northe Corps may add new information or analyses to the record.
However, you may provide additionalinformation 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/orthe
If you only have questions regarding the appealprocess you may
appealprocess you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
MR. PHILIP A. SHANNIN
Attn: Jean B. Gibby
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 303 03-8803
Wake Fo rest, No rth Carolina 27587
PHONE: [phone]; FAX [phone]
EMAIL: PHILIP.A.SHANNINna,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 appealprocess. You will be provided a 15-day
notice of any site investigation, and will have the opportunity to participate m 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: Jean B. Gibby, 69 Darlington Avenue, Wilmington, North
Carolina28403
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 1 OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD:
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: ECS, Ron Johnson, 1812 Center Park Drive, Suite D,
Charlotte, NC 28217
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Charlotte District, Liberty Grove Site, ECS: 49:14613
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION Grove Street, Rowan County, NC
35.5692586,-80.5669552
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: North Carolina County: Rowan City: China Grove
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.5692586 Longitude:-80.5669552
Universal Transverse Mercator: 17
Name of nearest waterbody: UT to Mallard Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date: 31 Oct 21
❑ Field Determination. Date(s): August 10, 2021
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Estimated amount of
Geographic authority to
Type of aquatic
aquatic resources in
which the aquatic resource
Latitude (decimal
Longitude (decimal
resources (i.e.,
Site Number
review area (acreage
"may be' subject (i.e.,
degrees)
degrees)
wetland vs. non -
and linear feet, if
Section 404 or Section
wetland waters)
applicable
10/404)
S1
35.56599200
80.56574200
1,419 LF
Non -wetland
404
S2
35.56780600
80.56402800
128 LF
Non -wetland
404
S3
35.56809400
80.56459700
243 LF
Non -wetland
404
S4
35.56461700
80.56813100
2,104 LF
Non -wetland
404
S5
35.56727800
80.57211100
361 LF
Non -wetland
404
W1
35.56726700
80.57160000
0.005 AC
Wetland
404

1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review
area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an
approved JD (AJD) for that review area based on an informed decision after having discussed the
various types of JDs and their characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General
Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or
requests verification for a non -reporting NWP or other general permit, and the permit applicant has
not requested an AID for the activity, the permit applicant is hereby made aware that: (1) the permit
applicant has elected to seek a permit authorization based on a PJD, which does not make an official
determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AID
before accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AID could possibly result in less compensatory mitigation being required or
different special conditions; (3) the applicant has the right to request an individual permit rather than
accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant
can accept a permit authorization and thereby agree to comply with all the terms and conditions of that
permit, including whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without requesting an AID
constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g.,
signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area
affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such
jurisdiction in any administrative or judicial compliance or enforcement action, or in any
administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AID
or a PJD, the JD will be processed as soon as practicable. Further, an AID, a proffered individual
permit (and all terms and conditions contained therein), or individual permit denial can be
administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic jurisdiction exists over
aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic
resources in the review area, the Corps will provide an AID to accomplish that result, as soon as is
practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be"
navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the
review area that could be affected by the proposed activity, based on the following information:
SUPPORTING DATA. Data rcvicwcd for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requester:
Map: ECS Figures 1-6
® Data sheets prepared/submitted by or on behalf of the PJD requester.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8- and 12-digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: Figure 2 Derita

® Natural Resources Conservation Service Soil Survey. Citation: Figure 3 Rowan County
® National wetlands inventory map(s). Cite name: Figure 5
❑ State/local wetland inventory map(s):
® FEMA/FIRM maps: Figure 5 Panel 3710563600J
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): Figure 6
or ®Other (Name & Date): ECS Photolog
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later im isdictional determinations.
5. 4631 Oct 21
ignature and &6te of Yegulatory
staff member completing PJD
DATE
10/6/2021
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable)1
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an
action.

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