SW4220601_Wetland Determination/Report_20220712

SAW-2021-02282
Requestor:
Address:
Telephone Number:
E-mail:
Size (acres)
Nearest Waterway
USGS HUC
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-02282 County: Forsh U.S.G.S. Quad: NC-Kernersville
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Pilot Environmental, Inc.
David Brame
Post Office Box 128
Kernersville, NC 27285
336-310-4527
dbrame(apilotenviro.co m
73.6
East Belews Creek
03040103
Nearest Town Kernersville
River Ba sin Upper Pee Dee
Coordinates Latitude:36.177134
Longitude:-80.048151
Location description: The property is located on the west side of Pumpkin Ridge Road, on the north side of Bethel
Church Road, south of Stable Hill Trail, north of Kernersville, NC. PIN 6898-04-3849.00
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 subjectto Section
404
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, andthe delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of thesewaters are shown on the enclosed delineation map dated December 1,
2021. Therefore, this preliminary jurisdiction determinationmay be used in the permit evaluationprocess, including determining
compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource
protectionmeasures, a permit decision made on the basis of a preliminary JD will treat allwaters and wetlands that would be
affected in anyway by the permitted activity onthe site as if they arejurisdictionalwaters 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 -de scribed project area/property, that maybe 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 evaluationprocess. Without a verified wetland delineation, this preliminary determinationis
merely an effective presumption of CWA/RHA jurisdiction over allof the waters, including wetlands atthe projectarea, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands ony our 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 delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters ofthe United Stateswithin the above -de scribed project area/property subjectto the permit
requirements of Section 10 of the Rivers andHarbors Act (RHA) (33 USC § 403) and Section 404 ofthe Clean WaterAct
(CWA)(33 USC § 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 o f 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 fora periodnotto exccedfive 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 delineationthat
can be verifiedby the Corps.

SAW-2021-02282
❑ 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
verified, this survey will provide an accurate depiction of allareas subjectto CWA jurisdiction ony our 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 fora period not to exceed five years from the date ofthis notification.
❑ There are no waters of the U.S., to include wetlands, present on the above -described project area/property which are subjectto 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 maybe relied upon for a periodnotto exceed five years from the date ofthis notification.
❑ The property is located in one ofthe 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 fillmaterialwithin waters of the US, including wetlands, without a Department ofthe Army permit may
constitute a violation of Section 301 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 andHarbors Act (33 USC § 401 and/or403). If you have any questions
regardingthis determination and/or the Corps regulatory program, please contact Jean B. Gibby, at [phone], Ext.24 or
Jean.B.GibbX&usace.army.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated February26,2022.
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 Secutity
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 requestanadministrative appealunder Corps regulations at33 CFR Part 3 3 1. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If y on 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 StreetSW,FloorM9
Atlanta, Georgia 3 0303-8803
AND
PHILIP.A.SHANNINna,USACE.ARMY.MIL
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, andthat it has been received by the Division Office within 60 days of the date ofthe 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 notobjectto the determination in this correspondence."
Corps Regulatory Official:

SAW-2021-02282
Date of JD: February 26, 2022 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=13 6:4:0
Copy furnished:
Property Owner:
Address:
Telephone Number
Property Owner
Address:
Telephone
Karin Mikkola
9020 Pumpkin Ridge Road
Kernersville, NC 27284
336-671-8526
Tulla Mikkola
P.O. Box 424
Kernersville, NC 27284
336-996-5666

SAW-2021-02282
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
A hcant: Pilot Environmental Inc., David Brame File Number: SAW-2021-02282 Date:02/26/2022
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Perm it or Letter of permission)
B
PERMITDENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
JURISDICTIONAL DETERMINATION
E
rIMINARY
- The following identifies yourrights and options regarding an administrative appealofthe above decision.
formation may be found at orhttp://www.usace.army.miUMissions/CivilWorks/Re"latoryProaamandPennits.aspx
regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may acceptor 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 yourletter, 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 perm it 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 acceptor 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 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 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
engineerwithin 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appealthe 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.

SAW-2021-02293
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 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 yourreasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additionalinformation 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 appealprocessyou may
appealprocessyou 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 30303-8803
Wake Fo rest, No rth Carolina 27587
PHONE: [phone]; FAX [phone]
EMAIL: PHILIP.A.SHANNINgUSACE.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 in all site investi yations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals onlnitial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Jean B. Gibby, 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, CE SAD-PDO, 60 Forsyth Street, Room 1 OM15, Atlanta, Georgia 3 0303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: October 15. 2021
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Michael Brame, Pilot Environmental, Inc.
Post Office Box 128, Kernersville, North Carolina 27285
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Pumpkin Ridge Road, SAW 2021-
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The site is located west Pumpkin Ridge Road in
Kernersville, NC. The site contains wooded and timbered land. The site is proposed for development with single family
residences.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: North Carolina County/parish/borough: Forsyth County City: Kernersville
Center coordinates of site (lat/long in degree decimal format): Lat.: 36.177134' Long.:-80.047151'
Universal Transverse Mercator: WGS 84
Name of nearest waterbody: East Belews Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
[S Field Determination. Date(s): 26 February 2022
TABLE OF AQUATIC RESOURCES INREVIEWAREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site Number
Latitude (decimal
Longitude
Estimated amount
Type of aquatic
Geographic authority to
degrees)
(decimal degrees)
of aquatic resources
resources (i.e.,
which the aquatic resource
in review area
wetland vs. non-
"may be" subject (i.e.,
(acreage and linear
wetland waters)
Section 404 or Section
feet, if applicable
10/404
Non -Wetland
Section 404
Water
SA1
36.17875
-80.05325
398 Linear Feet
Non -Wetland
Section 404
Water
SA2
36.17858
-80.05227
79 Linear Feet
Non -Wetland
Section 404
Water
SA3
36.17861
-80.051
311 Linear Feet
Non -Wetland
Section 404
Water
SA4
36.17863
-80.04881
770 Linear Feet
Non -Wetland
Section 404
Water
SB
36.17709
-80.05008
1675 Linear Feet
Non -Wetland
Section 404
Water
SC
36.17685
-80.05043
248 Linear Feet
Non -Wetland
Section 404
Water
SD
36.17658
-80.04888
181 Linear Feet
Non -Wetland
Section 404
Water
SE
36.17862
-80.04674
870 Linear Feet

Non -Wetland
Section 404
Water
SF
36.17862
-80.0507
20 Linear Feet
Non -Wetland
Section 404
Water
East Belews Creek
36.17863
-80.05385
509 Linear Feet
Wetland
Section 404
WB 1-2
36.17874000
-80.04701000
0.001 Acres

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 aNationwide
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:
❑ 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.
❑ 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: Drawing 1
® Natural Resources Conservation Service Soil Survey. Citation: Drawings 2 & 2A
® National wetlands inventory map(s). Cite name: Drawing 3
❑ State/local wetland inventory map(s):
® FEMA/FIRM maps: Drawing 4
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): Drawing 5
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 Corps and should not be relied upon for later jurisdictional
determinations.
February 22
ignature and ate ofxcgulatory
staff member completing PJD
Aj-1 -7 I,— October 15, 2021
Signature and date of person
requesting PJD (REQUIRED,
unless obtaining the signature
is impracticable)'
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.

Alb
East Belews Creek
509 LF
SA2 - SA4
79 LF SA3
4 h 311 LF SF 770 LF _ -
20 LF 0
DP-2 WB 1-2
,A, (0.001Ac)
DP-1
SE
5B 870 LF '
((1,67 5 LF
SA1
398 LF
SC
248 LF
xr U.
5 'r -
a k
181DLF
:GEND
Site Boundary
Intermittent Stream
Perennial Stream
Wetland
SA 1-5 Flag Number
DP-1 Q Data Point
do
THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE FIELD VERIFIED BY MS. JEAN GIBBY WITH THE USACE AND MS. SUE
HOMEWOOD WITH THE NCDEQ-DWR ON NOVEMBER 30, 2021. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES.
Drawing 5
Satellite Imagery from ESRI
and Pilot GPS Data
Scale: 1" = 400'
Date: 12.1.21
PILOT "`
P I LOT E N V I R O N M E N T A E. I N C
Wetland Map
Approximate 73.6-Acre Tract
Pumpkin Ridge Road
Kernersville, Forsyth County, NC
Pilot Project 7262