SW3200202_Wetland Report_20220216

SAW-2017-01272
Determination of Jurisdiction:
A. ® There are waters, 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.
B. ❑ 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). 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.
C. ❑ There are waters, within the above described project area that are 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.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued Date. Action ID: AID.
Basis For Determination: See the preliminary or approved jurisdictional determination form
dated 12/7/2017.
Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdiction determinations as indicated in B and C
above).
This correspondence constitutes an approved jurisdiction determination for the above described site. If you object to this
determination you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: [phone]
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 N/A.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.
,�7 JANCICGZAK.CATHERI NE.MARI E.15355 DDN:caioS'o-us a ,,, ntou"_DODEo"„'=-_Pa,00 USA, `�
Corps Regulatory Official. 87066 m=JAMCZAK0712.2CA 7-05'RIE.15355870fi6
O Date: 2017.12.07 12:28:07-05'00'
Catherine M. Janiczak
Date of JD: 12/7/2017
Expiration Date of JD: N/A

SAW-2017-01272
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.anny.mil/cm_apex/Vp=136:4:0
Copy furnished:
Agent:
Sage Ecological Services, Inc.
Sean Clark
Address:
3707 Swift Drive
Raleigh, NC 27606
Telephone Number:
919-559-1537
E-mail:
sclark(dsageecological.com

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: VK Heritage LLC, File Number: SAW-2017-01272
Date: 12/7/2017
Attached
is:
See Section below
F-11
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 or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPennits.asi)x
or the Corps regulations at 33 CFR Part 331. AL
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 11 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 11 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. Jason Steele, Administrative Appeal Review Officer
Attn: Catherine M. Janiczak
CESAD-PDO
Asheville Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1OM15
151 Patton Avenue, Room 208
Atlanta, Georgia 30303-8801
Asheville, North Carolina 28801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Catherine M. Janiczak , 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. Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 12/7/2017
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: VK Heritage LLC, 3737 Glenwood Avenue, Suite 100,
Raleigh, NC, 27612
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, VK Heritage LLC Road Crossing Culvert
Installation, SAW-2017-01272
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project area is located 0.184 miles Southwest of
the intersection of Downing Court and Magna Lane in Union County. PIN(s): 07120005F, 07120005G, 07123001J, 07120005C,
07120005D, 07120003.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Union City: Indian Trail
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.0318 Longitude:-80.6726
Universal Transverse Mercator:
Name of nearest waterbody: Davis Mine Creek and Price Mill
Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 11/02/2017
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Estimated amount of
Geographic authority to
Type of aquatic
Latitude (decimal
Longitude (decimal
aquatic resources in
resources (i.e.,
which the aquatic resource
Site Number
review area (acreage
'may be" subject (i.e.,
degrees)
degrees)
wetland vs. non -
and linear feet, if
wetland waters)
Section 404 or Section
applicable
10/404)
Stream A
(Price Mill
35.035878°N
80.6749530W
+/- 4,800 LF
Non -Wetland
Section 404
Creek)
Stream B
(Davis
35.028206°N
80.6754940W
Non -Wetland
Section 404
Mine
+/- 2,095 LF
Creek)
Stream C
35.034753°N
80.680829°W
+/- 557 LF
Non -Wetland
Section 404
Stream D
35.0374610N
80.672816°W
+/- 99 LF
Non -Wetland
Section 404
Stream E
35.027919°N
80.673201°W
+/- 444 LF
Non -Wetland
Section 404
Stream E2
35.028119°N
80.6754330W
+/- 180 LF
Non -Wetland
Section 404
Stream F
35.032436°N
80.669728°W
+/- 1,685 LF
Non -Wetland
Section 404

Stream F2
35.029444°N
80.674717°W
+/- 102 LF
Non -Wetland
Section 404
Wetland
35.037278°N
80.673139°W
+/- 0.03 AC
Wetland
Section 404
AA
Wetland
35.034185°N
80.680717°W
+/- 0.01 AC
Wetland
Section 404
BB
Wetland
35.028719°N
80.674022°W
+/- 0.06 AC
Wetland
Section 404
CC
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 7D (AID) for that review area based on an informed decision after having
discussed the various types of 7Ds 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 7D 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
3)

SUPPORTING DATA. Data reviewed 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 requestor:
Map: Figure 3, Figure 3a, Figure 3b, and Figure 3c (Dated November 9, 2017)
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
M 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:
❑ Natural Resources Conservation Service Soil Survey. Citation:
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMAVFIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): Figure 3 (Dated November 9, 2017)
or ❑Other (Name & Date):
❑ 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 Corus and should not be relied uuon for later jurisdictional determinations.
Digitally signed by
JANICZAK.CA JANICZAK.CATH ERIN E.MARIE.153
5587066
THERINE.MARI DN:c=US,o=U.S. Government,
ou=DoD, ou=PKI, ou=USA,
153 58 cn=JANICZAK.CATH
EA 535587066
Date: 2017.12.07 12:28:55-05'00'
Signature and date of Regulatory Signature and date of
staff member completing PJD person requesting PJD
(REQUIRED, unless
obtaining the signature is
impracticable) t
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.

NOTE: Location, shape and size of depicted features on
the evaluated site are approximate and should be
surveyed by a licensed NC surveyor for final site
planning.
d
LEGEND
QProject Study Area
® Potential Wetland
Potential Non -Wetland Perennial Water
�iii■ Potential Non -Wetland Intermittent Water
A SCP - Stream Classification Point
DP - Data Point
IV142 J LV6QlIV11
CABARRUS
FON STANLY
MECKLENBURG
•
UNION
ANSON
Approximate location of
proposed Stream Crossing
#1 (road crossing);
NOTE: Jurisdictional Waters of the US were
delineated in the field by Carolina Wetland
C/o Services, Inc. on September 22, 2015. Wetland
ke" ' and stream boundaries were reviewed by the
USACE on November 2, 2017.
Wetland and Stream Sketch Figure 3
Heritage Property N
Sage Project #2017.04 SAGE
ECOLOGICAL
SERVICES
November 9, 2017
0 500 1,000 Sage Ecological Services, Inc.
Feet Office: 919-335-6757
Cell: 919-559-1537

LEGEND
QProject Study Area
Potential Wetland
Potential Non -Wetland Perennial Water
�iii■ Potential Non -Wetland Intermittent Water
♦ SCP - Stream Classification Point
DP - Data Point
Map Location
CABARRUS
FON STANLY
MECKLENBURG
•
UNION
ANSON
Potential Non -Wetland
Waters of the US
A (4,800 LF)
NOTE: Jurisdictional Waters of the US were
delineated in the field by Carolina Wetland
Services, Inc. on September 22, 2015. Wetland
and stream boundaries were reviewed by the
USACE on November 2. 2017.
4 a J.� i ;� ak 0r
Potential Non -Wetland
Waters of the US
D (99 LF)
Potential Wetland
Waters of the US
AA (0.03 Acre)
NOTE: Location, shape and size of depicted features on
the evaluated site are approximate and should be
surveyed by a licensed NC surveyor for final site
planning.
Wetland and Stream Sketch
Heritage Property N
Sage Project #2017.04
November 9, 2017
0 175 350
Feet
Figure 3a
SAGE
EC LOGICAL
SERVICES
EST. A
Sage Ecological Services, Inc.
Office: 919-335-6757
Cell: 919-559-1537

NOTE: Jurisdictional Waters of the US were
delineated in the field by Carolina Wetland
Services, Inc. on September 22, 2015. Wetland
and stream boundaries were reviewed by the
USACE on November 2, 2017.
Potential Non -Wetland
Waters of the US
B (2,095 LF)
Ak
LEGEND
QProject Study Area
Potential Wetland
Potential Non -Wetland Perennial Water
�iii■ Potential Non -Wetland Intermittent Water
A SCP - Stream Classification Point
DP - Data Point
Map Location
CABARRUS
FON STANLY
MECKLENBURG
•
UNION
ANSON
NOTE: Location, shape and size of depicted features on
the evaluated site are approximate and should be
surveyed by a licensed NC surveyor for final site
planning.
Potential Wetland
Waters of the US
BB (0.01 Acre)
Potential Non -Wetland
Waters of the US
C (557 LF)
Wetland and Stream Sketch
Heritage Property N
Sage Project #2017.04
November 9, 2017
0 175 350
Feet
Figure 3b
SAGE
EC LOGICAL
SERVICES
EST. A
Sage Ecological Services, Inc.
Office: 919-335-6757
Cell: 919-559-1537

NOTE: Location, shape and size of depicted features on
the evaluated site are approximate and should be
surveyed by a licensed NC surveyor for final site
planning.
Potential Non -Wetland
Waters of the US
A (4,800 LF)
" Potential Non -Wetland
Waters of the US
�N f E2(180 LF)
vs� �::r�xwa:;>:�ts:,:,.s.,., ..�nc•.r -. :yiyv
LEGEND,:
QProject Study Area
Potential Wetland
Potential Non -Wetland Perennial Water
�iii■ Potential Non -Wetland Intermittent Water
A SCP - Stream Classification Point
DP - Data Point
IV142 J LV6QlIV11
CABARRUS
FON STANLY
MECKLENBURG
•
UNION
ANSON
Potential Non -Wetland
Waters of the US
F2 (102 LF)
Potential Non -Wetland
Waters of the US
F (1,685 LF)
Potential Wetland
Waters of the US
CC (0.06 Acres)
Potential Non -Wetland
Waters of the US
E (444 LF)
Wetland and Stream Sketch
Heritage Property
Sage Project #2017.04
November 9, 2017
0 175 350
Feet
NOTE: Jurisdictional Waters of the US were
delineated in the field by Carolina Wetland
Services, Inc. on September 22, 2015. Wetland
and stream boundaries were reviewed by the
USACE on November 2, 2017.
Figure 3c
SAGE
EC LOGICAL
SERVICES
Sage Ecological Services, Inc.
Office: 919-335-6757
Cell: 919-559-1537