20200018 Ver 1_401 Application_20220303

DW R
mrlsloa of ware. Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
June 1, 2021 Ver 4.1
Initial Review
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
BIMS # Assigned*
Version#*
20200018
1
Is a payment required for this project?
No payment required
Fee received
Reviewing Office*
Fee needed - send electronic notification
Central Office - [phone]
Select Project Reviewer*
Erin Davis:eads\ebdavis
Information for Initial Review
1a. Name of project:
Laurel Valley Mitigation Site
la. Who is the Primary Contact?*
Lin Xu
1 b. Primary Contact Email: * 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
3/3/2022
Nearest Body of Water
East Prong Hunting Creek
Basin
Catawba
Water Classification
WS-IV
Site Coordinates
Latitude: Longitude:
35.703225-81.642877
Pre -Filing Meeting Information
Is this a courtesy copy notification?
Yes No
ID# Version
N/A N/A
Pre -fling Meeting or Request Date
7/12/2021
Attach documentation of Pre -Filing Meeting Request here:
Click the upload button or drag and drop files here to attach document
DWR Pre -Filing Meeting Request Form.pdf 50.39KB
File type must be PDF
A. Processing Information

County (or Counties) where the project is located:
Burke
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No
1a. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
If yes, please provide a statement concerning compliance with the Coastal Zone Management Act.*
na
Nationwide Permit (NWP) Number: 27 - Restoration
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
John Hewat, JR.
2b. Deed book and page no.:
DB: 740 PG: 1512
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No

2c. Contact Person:
2d.Address
Street Address
3923 Hawkins Drive
Address Line 2
City
State / Province / Region
Morganton
North Carolina
Postal / Zip Code
Country
28655
United States
2e. Telephone Number:
2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Lin Xu
3b. Business Name:
NCDEQ-DMS
3c.Address
Street Address
217 W. Jones St, Suite 3000A
Address Line 2
City
State / Province / Region
Raleigh
North Carolina
Postal / Zip Code
Country
27603
United States
3d. Telephone Number: 3e. Fax Number:
[phone]
3f. Email Address:
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Jordan Hessler
4b. Business Name:
Wildlands Engineering, Inc.
4c.Address
Street Address
167-B Haywood Road
Address Line 2
City
State / Province / Region
Asheville
North Carolina
Postal / Zip Code
Country
28806
United States
4d. Telephone Number: 4e. Fax Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1 b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Morganton
2. Project Identification

2a. Property Identification Number:
2712409543
2b. Property size:
24
2c. Project Address
Street Address
3923 Hawkins Drive
Address Line 2
City
Morganton
Postal / Zip Code
28655
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
East Prong Hunting Creek
3b. Water Resources Classification of nearest receiving water:*
W S-I V
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501010608
4. Project Description and History
State / Province / Region
North Carolina
Country
United States
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
The project area is located within a rural watershed in central Burke County, NC. Land use in and immediately adjacent to the project area consists of agriculture, pasture, forest, and rural
residential.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
4.62
4g. List the total estimated linear feet of all existing streams on the property:
5036
4h. Explain the purpose of the proposed project:
The purpose of the proposed project is to provide streams mitigation credits in the Catawba 03050101 service area for the North Carolina Department of Environmental Quality Division of
Mitigation Services. Mitigation practices will include stream restoration, stream preservation, and riparian buffer planting.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project proposes approximately 5,100 LF of stream restoration and preservation. Stream restoration will be achieved through natural channel design. Stream restoration activities
include Priority 1 and Priority 2 approaches. Priority 1 restoration will involve the excavation of new channels within the existing floodplain and Priority 2 sections of the channel will be
constructed where needed to transition grade from existing to proposed elevations. Both approaches will include the installation of in -stream structures including constructed riffles, brush
toe, log j-hooks, cover log, log sills, and rock sills. Post -construction the project area will be planted with native riparian buffer and wetland species. Excavators will be used for channel and
floodplain excavation as well as for bank grading, while articulated and track trucks will be used for hauling soil. Small equipment such as mini excavators and skid steers may also be
used during grading activities. A conservation easement has been recorded in the project area.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2020-00053
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Win Taylor
Agency/Consultant Company: Wildlands Engineering, Inc.
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
The Preliminary Jurisdictional Determination was issued by Steve Kichefski of the USACE on 7/19/2021 and is included in Appendix 3 of the Mitigation Plan.

6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts
L^J
2a1 Reason (?)
2b. Impact type*(?)
2c. Type of W.
2d. W. name*
2e. Forested"
2f. Type of Jurisdicition"
?)
2g. Impact
area*
W1
Floodplain Grading
T
Bottomland Hardwood Forest
A
No
Both
0.018
(acres)
W2
Stream Restoration
P
Bottomland Hardwood Forest
A
No
Both
0.002
(acres)
W3
Floodplain Grading,
T
Bottomland Hardwood Forest
B
No
Both
2.657
construction activity, and
acres)
harvesting sod matts
W4
Stream Restoration
P
Bottomland Hardwood Forest
B
No
Both
0.127
W5
Floodplain Grading
T
Headwater Forest
C
Yes
[Both
(acres)
0.003
W6
Stream Restoration
P
Headwater Forest
C
Yes
Both
(acres)
0.001
W7
Floodplain Grading and
T
Seep
D
No
Both
(acres)
0.066
construction activity
(acres)
WS
Stream Restoration
P
Seep
D
Yes
Both
0.003
W9
Floodplain Grading and
T
Bottomland Hardwood Forest
E
No
Both
(acres)
0.882
construciton activity
acres)
W10
Stream Restoration
P
Bottomland Hardwood Forest
E
No
Both
0.065
(acres)
W11
Floodplain Grading
T
Bottomland Hardwood Forest
F
No
Both
0.661
W12
Stream Restoration
P
Headwater Forest
F
No
Both
(acres)
0.040
(acres)
W13
Floodplain Grading
T
Seep
G
No
Both
0.014
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
4.301 0.238
2g. Total Wetland Impact
4.539
21. Comments:
Impacts to wetlands are needed to conduct mitigation activities and will increase resource function. Wetland temporary impact W3 contains all of wetland
B. Wildlands plans to harvest sod mat material from the wetland where feasible with minimal impact to use on stream banks as an alternative to using
coir fiber matting on the constructed stream banks of East Prong Hunting Creek and if possible, on sections of UT1 and UT2. Improvements to stream
dimension and profile will provide uplift to W3 post -construction to offset any sod harvesting and temporary impact during construction.
3. Stream Impacts
11
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name* ��3e.
Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width*
3h. Impact
length*
FS1
Restoration
Permanent
Relocation
East Prong Hunting Creek
Perennial
Both
23
Average (feet)
1,344
Qinear feet)

gy
Restoration
Permanent
Relocation
UT1
Perennial
Both _]
7
1,678
Average (feet)
(linear (eet)
$3
Culvert Instillation
Permanent
Culvert
UT1
Perennial
Both
7
36
Average (feet)
(linear feet)
S4
Restoration
Permanent
Relocation
UT2
Perennial
Both
8
1,498
Average (feet)
Qinear feet)
SS
Culvert Instillation
Permanent
Culvert
UT2
Perennial
Both
32
Average (feet)
Qinear feet)
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
4,588
31. Total stream and ditch impacts:
71
3i. Total temporary stream impacts:
0
3j. Comments:
Impacts and restoration and stabilization activities that will result in an increase in resource function.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Due to the nature of mitigation projects, impacts to on -site streams and wetlands are necessary. The project will use natural channel design techniques
throughout to have an overall positive impact by restoring stream function and habitat, improving bed features in the streams, and by reestablishing
flood storage and connectivity.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Project Construction will be done in the dry as much as possible through offline construction in areas of Priority 1 restoration and pumping around when
working in existing online channels. Newly constructed channel banks will be stabilized using biodegradable coir fiber matting, seeding, and planted with
native riparian species. Construction activities will follow the guidelines outlined in the NC Erosion and Sediment Control Planning and Design Manual.
See plans for additional avoidance measures used to minimize impacts to streams and wetlands.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Compensatory mitigation is not required for aquatic habitat restoration related activities authorized under the Nationwide 27 since these activities must result in a net increase in aquatic
resource functions and services.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
The project is located within the Catawba River Basin, which only the main stem of the Catawba River is subject to NC Riparian Buffer Protection Rules.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?"
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
This project involves the restoration and enhancement of on -site streams and will not result in an increase in impervious areas. Therefore, this is not applicable to the project.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?"
u
,v
u
Yes No

1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
Yes No
1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House?*
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
Yes No
3b. If you answered "no," provide a short narrative description.
This is a stream and wetland mitigation project and will not cause an increase in development nor will it negatively impact downstream water quality. The
project area will be protected in perpetuity from future development through a conservation easement.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
See the approved Categorical Exclusion Document in the Mitigation Plan for additional information. Approximately 3.33 acres of forested land will be
cleared during the construction.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat? *
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
The approved Categorical Exclusion Checklist is attached to this application. See the mitigation plan for additional documentation
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
The approved Categorical Exclusion Checklist is attached to this application. See the mitigation plan for additional documentation

8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8c. What source(s) did you use to make the floodplain determination?*
Burke County Flood Insurance Rate Map (FIRM) Panel 2712 on Map 3710271200J with an effective date of September 5, 2007.
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or dreg and drop files here to attach document
Laurel Valley PCN Upload 3-03-22.pdf 11.12MB
LAUREL VALLEY_100140_MP(FINAL)_Compressed.pdf 35.47MB
LaurelValley401 FeeMemo.pdf 220.2KB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the INC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Jordan Hessler
Signature
Full Name (DMS Signature)
Lin Xu
DSM Signature
Date
3/3/2022
U

ROYCOOPER
Governor
ELIZABETH S. BISER
Secretary
MARC RECKTENWALD NORTH CAROLINA
Environmental Quality
Director
MEMORANDUM:
TO: Debby Davis
FROM:
Lin Xu LX
SUBJRCT:
Payment of Permit Fee for 401 Certificate Application
DATE:
, 2022
The Division of Mitigation Services (DMS) is implementing a mitigation project for
Site in County (DMS IMS # 1001). The activities associated with this restoration
project involve stream restoration related temporary stream and wetland impact. To conduct these activities,
the DMS must submit a Pre-construction Notification (PCN) Form to the Division of Water Resources
(DWR) for review and approval. The DWR assesses a fee of $570.00 for this review.
Please transfer $570.00 from DMS Fund # 298, Account # 535120 to DWR as payment for this review.
If you have any questions concerning this matter, I can be reached at 919-707-8319. Thanks for your
assistance.
cc: Erin Davis, DWR

Contact Nome*
Contact Email Address*
Project Owner*
Project Name*
Project County*
Owner Address:*
Is this a transportation project?*
Jordan Hessler
1l�ieoaien(e4�Wid|amdaemg.00i�n
NCIDIVIS/Wi|d|amdaEngineering, Umo
Laurel Valley Mitigation Silte
911111111111
Street Address
18T-BHaywood Road
Address Line
aty
Asheville
pbsta/Zip Code
28806
Type(s)ofapproval sought from the DVVR:
P401Water Quality Certification r401Water Quality Certification
Regular Express
r- Individual Permit r— Modification
r Shoreline Stabilization
Does this project have onexisting project |D#Y*
r Yes r No
Please list all existing project |D'sassociated with this projeme.*
RFp#::16-QO78T5.DIVISUDNo. 1OO14O.QSACEAction IdNo. SAVV-2020-
0053
Country
United States
Do you know the name of the staff member you would like to request a meeting with?
Erin Davis
Please give a brief project description below and include location information.*
The Laurel Valley Mitigation Silte (Silte)ilaim Burke County
approArnate|y3.5mni|easoutheast ofMorganton. The Silteils With in
the NC Division ofMitigation Services (DIVIS)Hunting Cnselktargeted
local watershed Hydrologic Unit Code (HUC)O3O5O1O1O8OO5Oand
the NC Division ofWater Resources (DVVR)SubbaaimO3-U8-31. The
SilteWill provildeatnsammoredilts imthe Catawba River Basin HUC
03050101 (Catawba O1). The project proposes torestore and
preserve appnoArnate|y5.158linear feet ofatrearns. The Work
proposed omthe SilteWill provilde4.838warmmatreammonsdiltsand will
be protected in perpetuity byapproArnate|y 14acres ofthe
oomaematiomeaaernemt. (35.702772.-81£42814)

lBy digitally siginfing Ifs ellow, 11 ceirtif .y that 11 have read and undleirstoo d that 1peir the IFederall Clean Water Act Section
401 Certification IRulle the followifing stateiments:
• 'This form completes the requirement of the Pre -Filing IMeeting Request in the Clean Water Act Section 401 Certification
IRule.
• l understand by signing this form that l cannot submit my application until 30 calendar days after this pre -filing
meeting request.
• l also understand that IDWIR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive, notification regarding meeting location
and time if a meeting is necessary. You will receive, notification when the thirty -day clock has expired, and you can submit an
application.
Signature *
011101W11
Submittal Date 7/12/2021

WILDLANDS
ENGINEERING
MEMORANDUM
TO: 401/404 Permit Reviewer
FROM: Jordan Hessler, Wildlands Engineering
DATE: March 3, 2022
RE:
Pre -Construction Notification - Supporting Documentation
LAUREL VALLEY MITIGATION SITE
Burke County, NC
On behalf of the North Carolina Department of Mitigation Services (NCDMS), Wildlands Engineering, Inc.
(Wildlands) is submitting a Pre -Construction Notification (PCN) for the Laurel Valley Mitigation Site
(SAW-2020-00053) in Burke County approximately four miles southeast of Morganton, NC in the
Catawba River Basin (HUC 03050101). The project seeks a Nationwide Permit (NWP) 27 and Water
Quality Certification 4134 for stream restoration on East Prong Hunting Creek and unnamed tributaries
(UT1 and UT2). The project proposes to generate stream mitigation credits for the NCDMS.
Existing project streams have been altered by historic agricultural practices resulting in impaired stream
and wetland conditions. Streams exhibit channelization, incision, erosion, and limited ecological
function.
The project proposes restoration and preservation to over approximately 5,100 linear feet (LF) of East
Prong Hunting Creek, UT1, and UT2. Stream preservation will include invasive species treatment. Stream
restoration will be achieved using natural channel design and include Priority 1 and 2 approaches. The
restored stream and riparian complex will be planted with appropriate native riparian vegetation and
protected by a recorded conservation easement.

Supporting Documentation Table of Contents
1 Figures 3
2 Landower Authorization Form and Additional Parcel Information 8
3 Categorical Exclusion Checklist 11
4 Preliminary Jurisdiction Determination Documentation 16
Please do not hesitate to contact me at 828-551-8582 or at [e-mail] should you have
any questions.
Sincerely,
Jordan Hessler
Environmental Designer/Scientist

Laurel Valley Mitigation Site
Figures (Vicinity, USGS, Impacts, Soils)

Assessment Area
L._._! Hydrologic Code (12)
dtS St
Morganton
Par k
And Play
Area
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�WILDLANDS
ENGINEERING
Figure 1. Vicinity Map
Laurel Valley Mitigation Site
Catawba River Basin o3050101
0
1 2 Miles
Burke County, NC

1:•
Project Parcels
Assessment Area
Morganton South, NC USGS 7.5 Minute Topographic Quadrangle
•
IOWILDLANDS
ENGINEERING
0 250 500 Feet
Figure 2 USGS Topographic Map
Laurel Valley Mitigation Site
Catawba River Basin 03050101
Burke County, NC
jhessler 11/15/2021

A
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Burke County, NC
A
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Z

Laurel Valley Mitigation Site
Landowner Authorization Form & Additional Parcel Information

LANDOWNER AUTHORIZATION FORM
PROPERTY LEGAL DESCRITION:
Deed Book: 740
Page: 1512 County: Burke
Parcel ID Number: 2712409543
Street Address: 3923 Hawkins Drive, Morganton NC 28655
Property Owner (please print): John Hewat, Jr.
The undersigned, registered property owner(s) of the above property, do hereby authorize
Wildlands Engineering, Inc. to take all actions necessary for the evaluation of the property as a
potential stream, wetland and/or riparian buffer mitigation project, including conducting stream
and/or wetland determinations and delineations, as well as issuance and acceptance of any required
permit(s) or certification(s). I agree to allow regulatory agencies, including the US Army Corps of
Engineers, to visit the property as part of these environmental reviews.
Property Owner Telephone Number: 828-443-2093
We hereby certify the above information to be true and accurate to the best of our knowledge.
Owner Autho ed Signature) (Date)

co
0 -
a)
-
�
=
co
July 31, 2020
Owner: HEWAT, JOHN JR
\
..
3923 HAVVKINS DR
$
a)
Cr)
f
MORGANTON, NC 28655

Laurel Valley Mitigation Site
Categorical Exclusion Checklist

Appendix A
Categorical Exclusion Form for Ecosystem Enhancement
Program Projects
Version 2
Note: Only Appendix A should to be submitted (along with any supporting documentation) as the
environmental document.
Part
Project Name:
1: General Project Information
Laurel Valley Mitigation Site
County Name:
Burke County
DMS Number:
100140
Project Sponsor:
Wildlands Engineering, Inc.
Project Contact Name:
Kirsten Gimbert
Project Contact Address:
1430 S. Mint Street, Suite 104, Charlotte, NC 28203
Project Contact E-mail:
[e-mail]
DMS Project Mana • er:
Harry Tsomides
Project Description
The Laurel Valley Mitigation Site is a stream mitigation project involving stream preservation and restoration within
the Catawba River Basin. The adjacent land use is currently an active farm composed of cattle pastures, barns, and a
house. The project will provide ecological and water quality enhancements while creating a functional riparian corridor
at the site level by excluding livestock from stream channels, restoring and enhancing native floodplain vegetation,
improving the stability of stream channels, improving instream habitat, and permanently protecting and preserving the
project site through establishing a conservation easement.
For Official Use Only
Reviewed By:
`t�/ZD/2_OZD %deyt
Date DMS P ect Manager
Conditional Approved By:
Date
❑ Check this box if there are
Final Approval By:
`71 -ZZ—ZC)
For Division Administrator
FHWA
outstanding issues
L9I9 W a). ,242-u-
Date For Division Administrator
FHWA
6
Version 1.4, 8/18/05

Part 2: All Projects
Regulation/Question Response
Coastal Zone Management Act (CZMA)
1. Is the project located in a CAMA county?
• Yes
0 No
2. Does the project involve ground -disturbing activities within a CAMA Area of
Environmental Concern (AEC)?
• Yes
■ No
1 N/A
3. Has a CAMA permit been secured?
❑ Yes
❑ No
0 N/A
4. Has NCDCM agreed that the project is consistent with the NC Coastal Management
Program?
❑ Yes
• No
✓ N/A
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
1. Is this a "full -delivery" project?
0 Yes
■ No
2. Has the zoning/land use of the subject property and adjacent properties ever been
designated as commercial or industrial?
• Yes
✓ No
❑ N/A
3. As a result of a limited Phase I Site Assessment, are there known or potential
hazardous waste sites within or adjacent to the project area?
❑ Yes
✓ No
❑ N/A
4. As a result of a Phase I Site Assessment, are there known or potential hazardous
waste sites within or adjacent to the project area?
❑
❑
✓
Yes
No
N/A
5. As a result of a Phase 11 Site Assessment, are there known or potential hazardous
waste sites within the project area?
❑
❑
✓
Yes
No
N/A
6. Is there an approved hazardous mitigation plan?
❑
❑
Yes
No
N/A
National Historic Preservation Act (Section 106)
1. Are there properties listed on, or eligible for listing on, the National Register of
Historic Places in the project area?
❑ Yes
✓ No
2. Does the project affect such properties and does the SHPO/THPO concur?
❑ Yes
❑ No
1 N/A
3. If the effects are adverse, have they been resolved?
❑ Yes
❑ No
✓ N/A
Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform
Act)
1. Is this a "full -delivery" project?
✓ Yes
❑ No
2. Does the project require the acquisition of real estate?
1 Yes
• No
❑ N/A
3. Was the property acquisition completed prior to the intent to use federal funds?
❑ Yes
✓ No
❑ N/A
4. Has the owner of the property been informed:
* prior to making an offer that the agency does not have condemnation authority; and
* what the fair market value is believed to be?
✓ Yes
❑ No
• N/A
7 Version 1.4, 8/18/05

Part 3: Ground -Disturbing Activities
Regulation/Question Response
American Indian Religious Freedom Act (AIRFA)
1. Is the project located in a county claimed as "territory" by the Eastern Band of
Cherokee Indians?
0 Yes
❑ No
2. Is the site of religious importance to American Indians?
❑ Yes
IN No
❑ N/A
3. Is the project listed on, or eligible for listing on, the National Register of Historic
Places?
❑ Yes
❑ No
1 N/A
4. Have the effects of the project on this site been considered?
❑ Yes
❑ No
✓ N/A
Antiquities Act (AA)
1. Is the project located on Federal lands?
❑ Yes
✓ No
2. Will there be loss or destruction of historic or prehistoric ruins, monuments or objects
of antiquity?
❑ Yes
❑ No
✓ N/A
3. Will a permit from the appropriate Federal agency be required?
❑ Yes
❑ No
✓ N/A
4. Has a permit been obtained?
❑ Yes
❑ No
Archaeological Resources Protection Act (ARPA)
1. Is the project located on federal or Indian lands (reservation)?
❑ Yes
✓ No
2. Will there be a loss or destruction of archaeological resources?
❑
❑
✓
Yes
No
N/A
3. Will a permit from the appropriate Federal agency be required?
❑
❑
✓
Yes
No
N/A
4. Has a permit been obtained?
❑
❑
1
Yes
No
N/A
Endangered Species Act (ESA)
1. Are federal Threatened and Endangered species and/or Designated Critical Habitat
listed for the county?
✓ Yes
❑ No
2. Is Designated Critical Habitat or suitable habitat present for listed species?
✓ Yes
❑ No
❑ N/A
3. Are T&E species present or is the project being conducted in Designated Critical
Habitat?
❑ Yes
✓ No
❑ N/A
4. Is the project "likely to adversely affect" the species and/or "likely to adversely modify"
Designated Critical Habitat?
❑ Yes
❑ No
✓ N/A
5. Does the USFWS/NOAA-Fisheries concur in the effects determination?
❑ Yes
❑ No
✓ N/A
6. Has the USFWS/NOAA-Fisheries rendered a "jeopardy" determination?
❑ Yes
❑ No
✓ N/A
8
Version 1.4, 8/18/05

Executive Order 13007 (Indian Sacred Sites)
1. Is the project located on Federal lands that are within a county claimed as "territory"
by the EBCI?
❑ Yes
✓ No
2. Has the EBCI indicated that Indian sacred sites may be impacted by the proposed
project?
❑ Yes
❑ No
✓ N/A
3. Have accommodations been made for access to and ceremonial use of Indian sacred
sites?
❑ Yes
❑ No
✓ N/A
Farmland Protection Policy Act (FPPA)
1. Will real estate be acquired?
✓ Yes
❑ No
2. Has NRCS determined that the project contains prime, unique, statewide or locally
important farmland?
✓ Yes
❑ No
❑ N/A
3. Has the completed Form AD-1006 been submitted to NRCS?
✓ Yes
❑ No
❑ N/A
Fish and Wildlife Coordination Act (FWCA)
1. Will the project impound, divert, channel deepen, or otherwise control/modify any
water body?
✓ Yes
❑ No
2. Have the USFWS and the NCWRC been consulted?
✓ Yes
❑ No
❑ N/A
Land and Water Conservation Fund Act (Section 6(f))
1. Will the project require the conversion of such property to a use other than public,
outdoor recreation?
❑ Yes
✓ No
2. Has the NPS approved of the conversion?
❑ Yes
❑ No
✓ N/A
Magnuson -Stevens Fishery Conservation and Management Act (Essential Fish
Habitat)
1. Is the project located in an estuarine system?
❑ Yes
✓ No
2. Is suitable habitat present for EFH-protected species?
❑ Yes
❑ No
✓ N/A
3. Is sufficient design information available to make a determination of the effect of the
project on EFH?
❑ Yes
❑ No
✓ N/A
4. Will the project adversely affect EFH?
❑ Yes
❑ No
✓ N/A
5. Has consultation with NOAA-Fisheries occurred?
❑ Yes
❑ No
✓ N/A
Migratory Bird Treaty Act (MBTA)
1. Does the USFWS have any recommendations with the project relative to the MBTA?
❑ Yes
✓ No
2. Have the USFWS recommendations been incorporated?
❑ Yes
❑ No
✓ N/A
Wilderness Act
1. Is the project in a Wilderness area?
❑ Yes
✓ No
2. Has a special use permit and/or easement been obtained from the maintaining
federal agency?
❑ Yes
❑ No
✓ N/A
9
Version 1.4, 8/18/05

Laurel Valley Mitigation Site
Preliminary Jurisdictional Determination Documentation

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-00053 County: Burke U.S.G.S. Quad: NC -Morganton South
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Wildlands Engineering, Inc.
Win Taylor
Address: 497 Bramson Court
Mt. Pleasant, SC 29464
Telephone Number: 843-277-6221
E-mail: wtaylor(awildlandseng.com
Size (acres) 24 Nearest Town Morganton
Nearest Waterway East Prong Hunting Creek River Basin Santee
USGS HUC 03050101 Coordinates Latitude: 35.703225
Longitude: -81.642877
Location description: The Laurel Valley Mitigation Site is located at 3923 Hawkins Drive, Morganton, Burke County, North
Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). 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 2/16/2021. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
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 conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, 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 conduct a delineation that
can be verified by the Corps.
❑ The waters, including wetlands on your project area/property have been delineated and the delineation has 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

SAW-2020-00053
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, 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 may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Steve Kichefski at 828-271-7980 ext. 4234 or
steven.l. kichefski(ausace. army.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 07/19/2021.
D. Remarks: See attached delineation map for verified resources.
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 jurisdictional determinations as indicated in B.
above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
[e-mail]
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 Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
Date of JD: 07/19/2021 Expiration Date of JD: Not applicable

SAW-2020-00053
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 fumished (via email):
Erin Davis (NCDWR)
Property Owner: John Hewat, Jr.
Address: 3923 Hawkins Drive
Morganton, NC 28655
Telephone Number: 828-443-2093
E-mail: i hewat 2000(a,yahoo.com

r
: AMMEATIAIIIIIMNit
L,_,_; Assessment Area
Delineated Wetlands
'./ Perennial Non -Wetland Waters
c Data Points
Wetland F
(DP10)
East Prong Hunting Creek
\
Upland
(DP11)
\� Wetland E
(DP8)
Upland
(DP9)
///%.
Wetland E 16
Wetland C
tibilr, (DP4)
Wetland A
(DP1)
•Upland
/ (DP7)
•
Upland
(DP5)
`..�/ Wetland D
���/ Wetland G (DP8)
Upland
(DP13)
(DP12)
:.I
tland
(DP2)
1
Upland
(DP3)
WILDLANDS
ENGINEERING
Figure 3. Site Map
Laurel Valley Mitigation Site
Catawba River Basin o3050101
0 250 500 Feet
I
Burke County, NC

• NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Wildlands Enaineerinu, Inc., Win Taylor 1 File Number: SAW-2020-00053 Date: 07/19/2021
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
I - The following identifies your rights and options regarding an administrative appeal
E
of the above decision.
x
SECTION
Additional
or the
information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
Corps regulations aQ3 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 fmal
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
•
signature
rights
•
this
PERMIT: You may accept or appeal the permit
ACCEPT: If you received a Standard Permit, you may sign the permit document and return
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and
on the Standard Permit or acceptance of the LOP means that you accept the permit
to appeal the permit, including its terms and conditions, and approved jurisdictional
permit.
APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of
you may appeal the declined permit under the Corps of Engineers Administrative Appeal
it to the district engineer for fmal
your work is authorized. Your
in its entirety, and waive all
determinations associated with the
certain terms and conditions therein,
Process by completing Section II of
the division engineer within 60 days
form and sending the form to the division engineer. This form must be received by
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers
completing Section II of this form and sending the form to the division engineer. This form
engineer within 60 days of the date of this notice.
Administrative Appeal Process by
must be received by the division
D: APPROVED
information.
•
•
JURISDICTIONAL DETERMINATION: You may accept or appeal the
ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify
date of this notice, means that you accept the approved JD in its entirety, and waive all
APPEAL: If you disagree with the approved JD, you may appeal the approved JD under
Administrative Appeal Process by completing Section II of this form and sending the form
approved JD or provide new
the Corps within 60 days of the
rights to appeal the approved JD.
the Corps of Engineers
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:
preliminary JD. The Preliminary JD is not appealable. If you
You do not need to respond to the Corps regarding the
wish, you may request an approved JD (which may be appealed),
you may provide new information for further consideration by the
by contacting the Corps district for further instruction. Also
Corps to reevaluate the JD.
lir
ION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED
PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your
proffered permit in clear concise statements. You may attach
objections are addressed in the administrative record.)
reasons for appealing the decision or your objections to an initial
additional information to this form to clarify where your reasons or
ADDITIONAL INFORMATION: The appeal is limited to a
record of the appeal conference or meeting, and any supplemental
clarify the administrative record. Neither the appellant nor the
review of the administrative record,
the Corps memorandum for the
officer has determined is needed to
or analyses to the record.
is already in the administrative
information that the review
Corps may add new information
the location of information that
However, you may provide additional information to clarify
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division
Attn: Steve Kichefski
Asheville Regulatory Office
U.S Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
If you only have questions regarding the appeal process you may
also contact:
MR. PHILIP A. SHANNIN
ADMINISTRATIVE APPEAL REVIEW OFFICER
CESAD-PDS-O
60 FORSYTH STREET SOUTHWEST, FLOOR M9
ATLANTA, GEORGIA 30303-8803
PHONE: [phone]; FAX [phone]
EMAIL: [e-mail]
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: Steve Kichefski, 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 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 07/19/2021
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Wildlands Engineering, Inc., Win
Taylor, 497 Bramson Court, Mt. Pleasant, SC 29464
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, DMS-Laurel Valley
Mit Site, SAW-2020-00053
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The Laurel Valley
Mitigation Site is located at 3923 Hawkins Drive, Morganton, Burke County, North Carolina.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC
RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Burke City: Morganton
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.703225 Longitude: -81.642877
Universal Transverse
Mercator:
Name of nearest waterbody: East Prong
Hunting Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® FieldDetermination. Date(s):
TABLE OF AQUATIC RESOURCES INREVIEWAREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Site Number
Latitude
Longitude
Estimated
Type of aquatic
Geographic authority to
(decimal
degrees)
(decimal
degrees)
amount of
aquatic
resources in
review area
resources (i.e.,
wetland vs.
non -wetland
waters)
which the aquatic
resource "may be"
subject (i.e., Section 404
or Section 10/404)
(acreage and
linear feet, if
applicable
1
2
3
4
5
6

Class of Aquatic
Resource
Perennial Non -Wetland
Waters of the US
Perennial Non -Wetland
Waters of the US
Perennial Non -Wetland
Waters of the US
Non -Section 10—
Wetland
Non -Section 10—
Wetland
Non -Section 10—
Wetland
Non -Section 10—
Wetland
Non -Section 10—
Wetland
Non -Section 10—
Wetland
Non -Section 10—
Wetland
Estimated Amount of Aquatic
Resource in Review Area
Ln
m
l0
N
N
L!1
�
0
N
0
O
t
N
N
m
0
O
Cr)
O
O
co
O
0
O
Ln
Cr)
O
Cowardin Class
Riverine-Upper Perennial Streambed
Riverine-Upper Perennial Streambed
Riverine-Upper Perennial Streambed
Palustrine Emergent
a-+
C
N
Ol
N
E
W
N
C
0
D
Palustrine Forested
a-+
C
a)
Ol
a)
E
W
a)
C
0
D
a-c
C
a)
Ol
a)
E
W
a)
C
0
D
Palustrine Forested
Palustrine Forested
Longitude
c-I
c
00
- 81.64670
- 81.64381
°�
CO
LO
c-i
00
LO 0
CO
c-i
00
`�°
m
c-i
00
�
0
T-i
CO
°H
c-i
00
-81.64538o
0
c-i
00
v
-0
J ID
35.70222
m
m
m
Lit
^o
35.69943
35.702423
35.702692
35.701883
Lc)
0
ro
m
Lit
m
35.703589
35.703221
op
0
N
Li)
m
v
f6
LL
East Prong Hunting
Creek
c-I
D
N
D
Wetland A
Wetland B
Wetland C
Wetland D
Wetland E
Wetland F
Wetland G

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 AJD 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 AJD before accepting the terms and conditions of the permit
authorization, and that basing a permit authorization on an AJD 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 AJD 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
AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, 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 AJD 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 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:
C Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:
▪ Data sheets prepared/submitted by or on behalf of the PJD requestor.
(� Office concurs with data sheets/delineation report.
n Office does not concur with data sheets/delineation report. Rationale:
n Data sheets prepared by the Corps:
n Corps navigable waters' study:
n U.S. Geological Survey Hydrologic Atlas:
n USGS NHD data.
E USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name: 7.5 Minute South Morganton
Natural Resources Conservation Service Soil Survey. Citation: https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx
E National wetlands inventory map(s). Cite name:
(] State/local wetland inventory map(s):
n FEMA/FIRM maps:
• 100-year Floodplain Elevation is:
0 Photographs: [ Aerial (Name & Date): 2018
.(National Geodetic Vertical Datum of 1929)
or E Other (Name & Date):
111 Previous determination(s). File no. and date of response letter:
n 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 jurisdictional
determinations.
KICHEFSKI.STEVE Digitally signed by
KICHEFSKI.STEVEN.L.1386908539
N.L.1386908539 Date: 2021.07.19 07:12:45 -04'00'
Signature and date of
Regulatory staff member
completing PJD
Signa't a and date g
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
1 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor 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.