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HomeMy WebLinkAbout20221549 Ver 1_PJD_20220907WETLAND/WATER OF THE UNITED STATES DELINEATION Ocean Minnow, LLC Ocean Minnow Project +/- 29.8 Acres (PIN 6466909220000 & 6475090277) Pamlico County, North Carolina PREPARED FOR: Ocean Minnow, LLC Mr. Darrell Wiard 181 Weatherby Drive Merritt, NC 28556 PREPARED BY: E. Scott Stone & Tucker E. Pridgen Environmental and Soil Service, Inc. F2109011907M Pinetops, NC 27864 Table of Contents Summary............................................................................................................2 1.0 Introduction...................................................................................................2 1.1 Site Description 1.2 Methods 2.0 Wetland Determination........................................................................................3 2.1 Wetland Delineation 2.2 Jurisdictional Determination 3.0 Conclusions......................................................................................................3 Figures..................................................................................................................4 1. Figure 1 — USGS Map Prepared by ESS 2. Figure 2 — Pamlico County Soil Survey Map 3. Figure 3 — Potential Wetland Map Prepared By ESS (Revised 07/01/2021) Appendices.............................................................................................................5 1. Wetland Data Forms (Flag A28) — Upland (3 pages), Wetland (3 pages)..................6 2. Wetland Data Forms (Flag A105) — Upland (3 pages), Wetland (3 pages).................7 3. Wetland Data Forms (Flag B4) — Upland (3 pages), Wetland (3 pages)....................8 4. USACE Jurisdictional Determination............................................................. 9 Summary The objective of this report is to provide the developer with a wetland determination and jurisdictional determination. Due to continued and accelerated degradation of the Nation's waters, the United States Congress enacted the Clean Water Act. The Act was enacted to maintain and restore the waters of the United States. Section 404 of the Act gives authorization to the Secretary Of the Army, acting through the Chief of Engineers to issue permits forthe discharge of dredge orfill material into waters of the United States, which includes wetlands. Before any land disturbing activity can begin on a site which has wetlands, those wetlands must be delineated and determined to be jurisdictional or non jurisdictional by the US Army Corps of Engineers (USACE). However, no matter what the wetland is determined to be, all wetlands are still regulated. 1.0 Introduction This report and wetland determination was done using the 1987 US Army Corps of Engineers (USACE) Wetland Delineation Manual and the Atlantic and Gulf Coast Regional Supplement as references. The location of wetlands needed to be known to determine if proposed activates on the site may or may not impact wetlands. 1.1 Site Description The site was located south of Janiero Road across from Neuse Village Rd in Pamlico County, North Carolina. The project area consisted of two undeveloped parcels that totaled +/-29.8 acres (Figure 3). The site was mostly wooded with pines and mixed hard woods. An old road ran through the center of the project area. Man-made ditches ran adjacent to the old road. A ditch was cut through the upland area to channel water from the road to a natural drainageway located on the eastern boundary of the site. The natural drainageway located on the eastern property boundary carried the natural flow of water from the northeastern boundary of the site, through a marsh that lead to the Neuse River. The Neuse River formed the southeastern boundary of the project area. With the exception of areas located adjacent to the natural drainageway, the topography was relatively flat across the site. Elevations of the site typically ranged from 9 feet on the western portion of the property to 1 foot on the eastern portion. Two wetland areas were located on site (Figure 3, Areas "A" and "B"). An area of jurisdictional wetlands was located on the eastern portion of the property and another at the southern portion of the property nearest to the Neuse River. These wetland areas were dominated hydrophytic herbaceous flora as well as deciduous hard woods (Appendix 1 & 3). Two areas of non -wetland waters were located on within the project area (Figure 3). After some discussion, the USACE decided to claim a portion of the man-made ditch that carries storm water from the existing road to the natural drainagway as non -wetland Waters of the US. This portion of the ditch would fall under the jurisdiction of the USACE. There were also areas of non -wetland Waters of the US located within the natural drainageway located on the eastern boundary of the project area. This area of non -wetland waters would most likely contain areas that would be subject to Neuse River Riparian Buffer Regulations. A determination would be needed by NC Division of Water Resources to determine the extent of any potential regulated streams 1.2 Methods Wetland determinations are made by the technique of delineating. The process first starts with a review of items such as aerial photos, USGS maps, soil survey maps, flood maps and a physical inspection of the property. When on site, hydrophytic vegetation, hydrology and hydric soil indicators are used to identify the wetland boundary. All three of these criteria must be present for an area to be classified as a wetland. When the three criteria are identified, Wetland Determination Data Forms are filled out. The actual wetland boundary is identified by being flagged. An on -site meeting is then held with the USACE to verify the findings. If requesting an Approved Jurisdictional Determination (AJD) the flag locations are located by a professional land surveyor and a wetland delineation map is prepared by the professional surveyor, which if approved, is signed by a representative of the USACE. Jurisdictional Determination forms are filled out to determine if the wetland is 2 under the jurisdiction of the USACE. If the USACE agrees with the information submitted, an AJD is issued by the USACE. There may be other requirements that apply depending on the specific situation. AJD's are valid for a period of five (5) years. If requesting a Preliminary Jurisdictional Determination (PJD) the flag locations do not have to be located by a professional land surveyor; however, the flagged wetland line is still reviewed by the USACE. Either a surveyed delineation map or a generic delineation map can be submitted to the USACE for a PJD. Wetland Determination Data Forms must be submitted to the USACE. When issuing a PJD, the USACE does not sign off on an approved wetland delineation map. If the USACE agrees with the information submitted, a PJD is issued. There may be other requirements that apply depending on the specific situation. PJDs have no expiration. Permits required to impact wetlands can be obtained with either an AJD or PJD. As requested by the client, ESS preformed the work necessary to obtain a PJD, which was issued by the USACE. 2.0 Wetland Determination 2.1 Wetland Delineation Wetland areas were identified, flagged and GPS located by ESS. Jurisdictional non -wetland waters and two areas of jurisdictional wetlands were identified. The wetland delineation flags were located by ESS with GPS equipment capable of sub -foot accuracy. A preliminary wetland map was formed by ESS (Figure 3). Wetland "A" lies along the eastern boundary of the project area. Wetland "A' crossed the eastern property boundary. There were +/-2.89 acres of Potential Wetland "A" that were within this project area. This emergent intertidal estuarine wetland is irregularly flooded (E2EM1Pd)(Appendix 2). The wetland then transforms from an estuarine herbaceous marsh to a palustrine forested wetland, dominated by needle trees and mixed hardwoods, as you move northwest along the property line (PFO1/4Cd)(Appendix 1). The wetland area "B" nearing the south property line was identified to be +/-0.38 acres of jurisdictional wetlands. This wetland is considered a scrubbed palustrine system dominated by shrubs/saplings with some needled evergreens, that is temporarily flooded (PSS4A)(Appendix 3). This wetland inundated after storm events and winds that blow water onto the land. Some salt water tolerant flora were found in this area. Non -wetland waters were also identified through the wetland areas. These jurisdictional features total +/-2,252 linear feet. This also includes the +/-877.74 linearfeet of waterfront on the Neuse River. Copies of upland and wetland data sheets (Appendix 1, 2 & 3), USGS topographic map (Figure 1), a Pamlico County Soil survey map (Figure 2), and Potential Wetland Map (Figure 3) were also presented to the USACE. A site meeting was held with Ms. Emily Thompson, USACE, on May 19, 2021 to confirm our wetland delineation. After ESS made the requested adjustment to the wetland delineation for the portion of the man-made ditch that flowfrom the existing road to the natural drainageway, Ms. Thompson concurred with ourfindings. 2.2 Jurisdictional Determination Ms. Thompson determined that the wetlands/waters of the US located on this site fall under the regulatory jurisdiction of the USACE (Figure 3). Appendix 4 is the jurisdictional determination form issued by the USACE (SAW-2021-00732). 3.0 Conclusions A wetland delineation of the property revealed the presence of jurisdictional 404 wetlands/waters. Any impact to the areas shown as wetlands or waters shown on the wetland delineation maps (Figure 3 and Appendix 1-3) would be subject to 404 permitting requirements and approval from the USACE. It is advised not to fill or disturb the portion identified as `Wetlands" or "Non -Wetland Waters" without the proper permits. 3 Figures � f Approximate Property Line Ocean Minnow, LLC Pamlico County N PIN 6475090277 (+/- 24.95 acres) PIN 6466909220000 (+/- 4.84 acres) Total Acres + -29.8 acres) A CopTnght:C 2013 ti'ational Geograph c Society, is bed, USGS, AreGIS Pm, E.sr Parnlico Count_r Tac _lIe`adata Environmental and Sail Service Inc 3/31 /2021 Feet P.O. Box 82 Pinetops, NC 27864 Figure 1 0 1,500 3,000 r1 41 Ks ytential Wetland Area A: 2.89 Acres B: +/- 0.38 Acres �tential Non -Wetland Waters Linear Neuse River: +/-877.74' Total Linear Feet: +/-2,252.09' ;V .?�,�• \� .. t 4. alp- M r` A Maki Potential Ordinary High Water Mark ' f6ft - e �^ ., • • � � +. Potential Wetland Line C � ♦A r .,t�t� '� t,, Potential Wetland Line B Potential Wetland Line A .� Potential Wetland Area FPO trr ' i-<f A roximate Pro erty Line ; OceanMinnowPointst OceanMinnowShape2 • `''' OceanMinnowSHapel 1 it e�r^'� '` '�' +�►� ! Non -Wetland Waters Feet 1 Q 75 15C ` Ocean Minnow, LLC Pamlico County PIN 6475090277 (+/- 24.95 acres) PIN 6466909220000 (+/- 4.84 acre! Total Acres (+/-29.8 acres) sri Community Maps Contributors, Carteret County Environmental and Soil Service Inc rate of North Carolina DOT, BuildingrroorprintUSA, sri, HERE, Gar.I,, SafeGraph, INCREMENT P, METI/ R O, Box 82 ASA, USGS, EPA, NPS, US Census Bureau, USDA Pinetops, NC 27864 axis, Microsoft -igure 3 Revised � w 14, ' 4s� ILA 1a Appendices Appendix 1 Wetland Data Forms (Flag A28) — Upland (3 pages), Wetland (3 pages) WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/Site: Ocean Minnow Project City/County: Arapahoe/Pamlico Sampling Date: 03/30/2021 Applicant/Owner: Ocean Minnow LLC State: NC Sampling Point: Up @ A28 Investigator(s): Scott Stone & Tucker Pridgen Section, Township, Range: Landform (hillslope, terrace, etc.): Terrace Local relief (concave, convex, none): Convex Slope (%): 0-2 Subregion (LRR or MLRA): LRR T, MLRA 153B Lat: 34.9928665 Long:-76.7622254 Datum: NAD83 Soil Map Unit Name: Lenlor NWI classification: Upland Are climatic / hydrologic conditions on the site typical for this time of year? Yes V No (If no, explain in Remarks.) Are Vegetation , Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation , Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes ✓ No Is the Sampled Area Hydric Soil Present? Yes No ✓ Within a Wetland? Yes No Wetland Hydrology Present? Yes No ✓ Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) _ Surface Soil Cracks (136) Surface Water (Al) Aquatic Fauna (B13) ` Sparsely Vegetated Concave Surface (138) — High Water Table (A2) Marl Deposits (B15) (LRR U) _ Drainage Patterns (1310) — Saturation (A3) Hydrogen Sulfide Odor (C1) ` Moss Trim Lines (1316) Water Marks (131) _ Oxidized Rhizospheres along Living Roots (C3) _ Dry -Season Water Table (C2) — Sediment Deposits (132) _ Presence of Reduced Iron (C4) _ Crayfish Burrows (C8) — Drift Deposits (133) _ Recent Iron Reduction in Tilled Soils (C6) _ Saturation Visible on Aerial Imagery (C9) — Algal Mat or Crust (134) _ Thin Muck Surface (C7) _ Geomorphic Position (D2) — Iron Deposits (135) _ Other (Explain in Remarks) ` Shallow Aquitard (D3) — Inundation Visible on Aerial Imagery (137) _ FAC-Neutral Test (D5) Water -Stained Leaves (139) _ Sphagnum moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes No ✓ Depth (inches): Water Table Present? Yes ✓ No Depth (inches): 191. Saturation Present? Yes No ✓ Depth (inches): Wetland Hydrology Present? Yes No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 VEGETATION (Five Strata) — Use scientific names of plants. Sampling Point: Up @ A28 Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 50'x50, ) % Cover Species? Status Number of Dominant Species 1 Pinus taeda 25 Yes FAC That Are OBL, FACW, or FAC: 1 (A) 2 Oxydendrum arboreum 4 FACU Total Number of Dominant 3• Acer rubrum 5 FAC Species Across All Strata: 1 (B) 4 Liquidambar styraciflua 10 FAC Percent of Dominant Species 5• That Are OBL, FACW, or FAC: 100 (A/B) 6. Prevalence Index worksheet: 44 = Total Cover 50% of total cover: 20% of total cover: Total % Cover of: Multiply by: Sapling Stratum (Plot size: ) OBL species x 1 = 1 Oxydendrum arboreum 10 FACU FACW species x 2 = FAC species x 3 = 2. FACU species x 4 = 3. 4 UPL species x 5 = Column Totals: 0 (A) 0 (B) 5 6. Prevalence Index = B/A = 10 = Total Cover Hydrophytic Vegetation Indicators: 50% of total cover: 20% of total cover: 1 -Rapid Test for Hydrophytic Vegetation Shrub Stratum (Plot size: ) _ ❑ 2 - Dominance Test is >50% 1 Morella cerifera 5 FAC 1 3 -Prevalence Index is <_3.0 2 0 Problematic Hydrophytic Vegetation' (Explain) 3. 4• 'Indicators of hydric soil and wetland hydrology must 5. be present, unless disturbed or problematic. 6. Definitions of Five Vegetation Strata: 5 = Total Cover Tree —Woody plants, excluding woody vines, 50% of total cover: 20% of total cover: approximately 20 ft (6 m) or more in height and 3 in. Herb Stratum (Plot size: ) (7.6 cm) or larger in diameter at breast height (DBH). 1 Smilax 4 Sapling —Woody plants, excluding woody vines, 2 Gelsemium sempervirens 1 FAC approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. 3. 4. Shrub — Woody plants, excluding woody vines, 5 approximately 3 to 20 ft (1 to 6 m) in height. 6. Herb —All herbaceous (non -woody) plants, including 7 herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately 8• 3 ft (1 m) in height. 9. Woody vine — All woody vines, regardless of height. 10. 11. 5 = Total Cover 50% of total cover: 20% of total cover: Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5• Hydrophytic 0 = Total Cover Vegetation n g 50% of total cover: 20% of total cover: Present? Yes No Remarks: (If observed, list morphological adaptations below) US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 SOIL Sampling Point: Up @ A28 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type LocZ Texture Remarks 0-3 10YR2/2 100 SI 4-12 2.5Y5/3 100 SI 13-18 2.5Y5/4 60 10Y/R5/6 30 C M scl 19-20 10YR5/6 50 7.5YR4/6 30 C M scl 10YR6/2 20 D M 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: Histosol (Al) _ Polyvalue Below Surface (S8) (LRR S, T, U) _ 1 cm Muck (A9) (LRR O) Histic Epipedon (A2) _ Thin Dark Surface (S9) (LRR S, T, U) _ 2 cm Muck (A10) (LRR S) Black Histic (A3) — Loamy Mucky Mineral (F1) (LRR O) — Reduced Vertic (F18) (outside MLRA 150A,B) Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Soils (F19) (LRR P, S, T) Stratified Layers (A5) _ Depleted Matrix (F3) _ Anomalous Bright Loamy Soils (F20) Organic Bodies (A6) (LRR P, T, U) _ Redox Dark Surface (F6) (MLRA 15313) 5 cm Mucky Mineral (A7) (LRR P, T, U) _ Depleted Dark Surface (F7) _ Red Parent Material (TF2) Muck Presence (A8) (LRR U) _ Redox Depressions (F8) _ Very Shallow Dark Surface (TF12) 1 cm Muck (A9) (LRR P, T) _ Marl (F10) (LRR U) _ Other (Explain in Remarks) Depleted Below Dark Surface (Al 1) _ Depleted Ochric (F11) (MLRA 151) Thick Dark Surface (Al2) — Iron -Manganese Masses (F12) (LRR O, P, T) 3Indicators of hydrophytic vegetation and Coast Prairie Redox (A16) (MLRA 150A) _ Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, Sandy Mucky Mineral (S1) (LRR O, S) _ Delta Ochric (F17) (MLRA 151) unless disturbed or problematic. Sandy Gleyed Matrix (S4) _ Reduced Vertic (F18) (MLRA 150A, 15013) Sandy Redox (S5) — Piedmont Floodplain Soils (F19) (MLRA 149A) Stripped Matrix (S6) _ Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) _ Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes LL No Remarks: Static ground water +25" US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/Site: Ocean Minnow Project City/County: Arapahoe/Pamlico Sampling Date: 03/30/2021 Applicant/Owner: Ocean Minnow LLC State: NC Sampling Point: Wet @ A28 Investigator(s): Scott Stone & Tucker Pridgen Section, Township, Range: Landform (hillslope, terrace, etc.): Bottom Local relief (concave, convex, none): Concave Slope (%): 0-1 Subregion (LRR or MLRA): LRR T, MLRA 153B Lat: 34.9929239 Long:-76.7621167 Datum: NAD83 Soil Map Unit Name: Ballahack NWI classification: PFO1/4Cd Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes ✓ No Is the Sampled Area Hydric Soil Present? Yes ✓ No within a Wetland? Yes No Wetland Hydrology Present? Yes ✓ No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) _ Surface Soil Cracks (136) ✓ Surface Water (Al) Aquatic Fauna (B13) ` Sparsely Vegetated Concave Surface (138) ✓ High Water Table (A2) Marl Deposits (B15) (LRR U) _ Drainage Patterns (1310) ✓ Saturation (A3) ✓ Hydrogen Sulfide Odor (C1) ` Moss Trim Lines (1316) Water Marks (131) ✓ Oxidized Rhizospheres along Living Roots (C3) _ Dry -Season Water Table (C2) Sediment Deposits (132) _ Presence of Reduced Iron (C4) ✓ Crayfish Burrows (C8) ✓ Drift Deposits (133) _ Recent Iron Reduction in Tilled Soils (C6) _ Saturation Visible on Aerial Imagery (C9) Algal Mat or Crust (134) _ Thin Muck Surface (C7) _ Geomorphic Position (D2) ✓ Iron Deposits (135) _ Other (Explain in Remarks) Shallow Aquitard (D3) Inundation Visible on Aerial Imagery (137) _ FAC-Neutral Test (D5) ✓ Water -Stained Leaves (139) _ Sphagnum moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes ✓ No Depth (inches): At Surface Water Table Present? Yes ✓ No Depth (inches): 0-5" Saturation Present? Yes ✓ No Depth (inches): 0" Wetland Hydrology Present? Yes � No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 VEGETATION (Five Strata) — Use scientific names of plants. Sampling Point: Wet @ A28 Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 50'x50, ) % Cover Species? Status Number of Dominant Species 1 Acer rubrum 10 FAC That Are OBL, FACW, or FAC: (A) 2 Liquidambar styraciflua 15 FAC Total Number of Dominant 3. Species Across All Strata: (B) 4. Percent of Dominant Species 5• That Are OBL, FACW, or FAC: (A/B) 6. Prevalence Index worksheet: 25 = Total Cover 50% of total cover: 20% of total cover: Total % Cover of: Multiply by: Sapling Stratum (Plot size: ) OBL species x 1 = 1 FACW species x 2 = FAC species x 3 = 2. FACU species x 4 = 3. 4 UPL species x 5 = Column Totals: 0 (A) 0 (B) 5 6. Prevalence Index = B/A = 0 = Total Cover Hydrophytic Vegetation Indicators: 50% of total cover: 20% of total cover: 1 -Rapid Test for Hydrophytic Vegetation Shrub Stratum (Plot size: ) _ ❑ 2 - Dominance Test is >50% 1 Ligustrum sinense 30 FAC 3 -Prevalence Index is <_3.0' 2 0 Problematic Hydrophytic Vegetation' (Explain) 3. 4• 'Indicators of hydric soil and wetland hydrology must 5. be present, unless disturbed or problematic. 6. Definitions of Five Vegetation Strata: 30 = Total Cover Tree —Woody plants, excluding woody vines, 50% of total cover: 20% of total cover: approximately 20 ft (6 m) or more in height and 3 in. Herb Stratum (Plot size: ) (7.6 cm) or larger in diameter at breast height (DBH). 1 Athyrium filix-femina 2 FAC Sapling —Woody plants, excluding woody vines, 2 Arundinaria gigantea 10 FACW approximately 20 ft (6 m) or more in height and less 3 Smilax 1 UPL than 3 in. (7.6 cm) DBH. 4 Woodwardia areolata 5 OBL Shrub — Woody plants, excluding woody vines, 5 approximately 3 to 20 ft (1 to 6 m) in height. 6. Herb —All herbaceous (non -woody) plants, including 7 herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately 8• 3 ft (1 m) in height. 9. Woody vine — All woody vines, regardless of height. 10. 11. 18 = Total Cover 50% of total cover: 20% of total cover: Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5• Hydrophytic 0 = Total Cover Vegetation n g 50% of total cover: 20% of total cover: Present? Yes No Remarks: (If observed, list morphological adaptations below) US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 SOIL Sampling Point: Wet @ A28 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type LocZ Texture Remarks 0-6 10YR6/1 100 S 6-20 10YR6/1 80 10YR5/6 20 C M S 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: Histosol (Al) _ Polyvalue Below Surface (S8) (LRR S, T, U) _ 1 cm Muck (A9) (LRR O) Histic Epipedon (A2) _ Thin Dark Surface (S9) (LRR S, T, U) _ 2 cm Muck (A10) (LRR S) Black Histic (A3) — Loamy Mucky Mineral (F1) (LRR O) — Reduced Vertic (F18) (outside MLRA 150A,B) Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Soils (F19) (LRR P, S, T) Stratified Layers (A5) _ Depleted Matrix (F3) _ Anomalous Bright Loamy Soils (F20) Organic Bodies (A6) (LRR P, T, U) _ Redox Dark Surface (F6) (MLRA 15313) 5 cm Mucky Mineral (A7) (LRR P, T, U) _ Depleted Dark Surface (F7) _ Red Parent Material (TF2) Muck Presence (A8) (LRR U) _ Redox Depressions (F8) _ Very Shallow Dark Surface (TF12) 1 cm Muck (A9) (LRR P, T) _ Marl (F10) (LRR U) _ Other (Explain in Remarks) Depleted Below Dark Surface (Al 1) _ Depleted Ochric (F11) (MLRA 151) Thick Dark Surface (Al2) — Iron -Manganese Masses (F12) (LRR O, P, T) 3Indicators of hydrophytic vegetation and Coast Prairie Redox (A16) (MLRA 150A) _ Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, Sandy Mucky Mineral (S1) (LRR O, S) _ Delta Ochric (F17) (MLRA 151) unless disturbed or problematic. Sandy Gleyed Matrix (S4) _ Reduced Vertic (F18) (MLRA 150A, 15013) ✓ Sandy Redox (S5) — Piedmont Floodplain Soils (F19) (MLRA 149A) Stripped Matrix (S6) _ Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) _ Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Z L Depth (inches): Hydric Soil Present? Yes No Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 Appendix 2 Wetland Data Forms (Flag A105) — Upland (3 pages), Wetland (3 pages) WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/Site: Ocean Minnow Project City/County: Arapahoe/Pamlico Sampling Date: 03/30/2021 Applicant/Owner: Ocean Minnow LLC State: NC Sampling Point: Up @A105 Investigator(s): Scott Stone & Tucker Pridgen Section, Township, Range: Landform (hillslope, terrace, etc.): terrace Local relief (concave, convex, none): Convex Slope (%): 2-3 Subregion (LRR or MLRA): LRR T, MLRA 153B Lat: 34.9905057 Long:-76.7604879 Datum: NAD83 Soil Map Unit Name: Wahee NWI classification: Upland Are climatic / hydrologic conditions on the site typical for this time of year? Yes V No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes ✓ No Is the Sampled Area Hydric Soil Present? Yes No ✓ Within a Wetland? Yes No Wetland Hydrology Present? Yes No ✓ Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) _ Surface Soil Cracks (136) Surface Water (Al) Aquatic Fauna (B13) ` Sparsely Vegetated Concave Surface (138) — High Water Table (A2) Marl Deposits (B15) (LRR U) _ Drainage Patterns (1310) — Saturation (A3) Hydrogen Sulfide Odor (C1) ` Moss Trim Lines (1316) Water Marks (131) _ Oxidized Rhizospheres along Living Roots (C3) _ Dry -Season Water Table (C2) — Sediment Deposits (132) _ Presence of Reduced Iron (C4) _ Crayfish Burrows (C8) — Drift Deposits (133) _ Recent Iron Reduction in Tilled Soils (C6) _ Saturation Visible on Aerial Imagery (C9) — Algal Mat or Crust (134) _ Thin Muck Surface (C7) _ Geomorphic Position (D2) — Iron Deposits (135) _ Other (Explain in Remarks) ` Shallow Aquitard (D3) — Inundation Visible on Aerial Imagery (137) _ FAC-Neutral Test (D5) Water -Stained Leaves (139) _ Sphagnum moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes No ✓ Depth (inches): Water Table Present? Yes No ✓ Depth (inches): Saturation Present? Yes No ✓ Depth (inches): Wetland Hydrology Present? Yes No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 VEGETATION (Five Strata) — Use scientific names of plants. Sampling Point: Up @A105 Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 50'x50, ) % Cover Species? Status Number of Dominant Species 1 Pinus taeds 60 Yes FAC That Are OBL, FACW, or FAC: 1 (A) 2 Chamaecyparis thyoides 6 OBL Total Number of Dominant 3• Quercus falcata 10 FACU Species Across All Strata: 1 (B) 4 Quercus alba 15 FACU Percent of Dominant Species 5• That Are OBL, FACW, or FAC: 100 (A/B) 6. Prevalence Index worksheet: 91 = Total Cover 50% of total cover: 20% of total cover: Total % Cover of: Multiply by: Sapling Stratum (Plot size: ) OBL species x 1 = 1 FACW species x 2 = FAC species x 3 = 2. FACU species x 4 = 3. 4 UPL species x 5 = Column Totals: 0 (A) 0 (B) 5 6. Prevalence Index = B/A = 0 = Total Cover Hydrophytic Vegetation Indicators: 50% of total cover: 20% of total cover: 1 -Rapid Test for Hydrophytic Vegetation Shrub Stratum (Plot size: ) _ ❑ 2 - Dominance Test is >50% 1 Morella cerifera 2 FAC 3 -Prevalence Index is <_3.0' 2 0 Problematic Hydrophytic Vegetation' (Explain) 3. 4• 'Indicators of hydric soil and wetland hydrology must 5. be present, unless disturbed or problematic. 6. Definitions of Five Vegetation Strata: 2 = Total Cover Tree —Woody plants, excluding woody vines, 50% of total cover: 20% of total cover: approximately 20 ft (6 m) or more in height and 3 in. Herb Stratum (Plot size: ) (7.6 cm) or larger in diameter at breast height (DBH). 1 • Sapling —Woody plants, excluding woody vines, 2. approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. 3. 4. Shrub — Woody plants, excluding woody vines, 5 approximately 3 to 20 ft (1 to 6 m) in height. 6. Herb —All herbaceous (non -woody) plants, including 7 herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately $• 3 ft (1 m) in height. 9. Woody vine — All woody vines, regardless of height. 10. 11. 0 = Total Cover 50% of total cover: 20% of total cover: Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5• Hydrophytic 0 = Total Cover Vegetation n g 50% of total cover: 20% of total cover: Present? Yes No Remarks: (If observed, list morphological adaptations below) US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 SOIL Sampling Point: Up @A105 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type LocZ Texture Remarks 0-5 s Sand and shell wash over 6-10 10YR3/2 100 sl 11-20 10YR5/4 100 sl 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: Histosol (Al) _ Polyvalue Below Surface (S8) (LRR S, T, U) _ 1 cm Muck (A9) (LRR O) Histic Epipedon (A2) _ Thin Dark Surface (S9) (LRR S, T, U) _ 2 cm Muck (A10) (LRR S) Black Histic (A3) — Loamy Mucky Mineral (F1) (LRR O) — Reduced Vertic (F18) (outside MLRA 150A,B) Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Soils (F19) (LRR P, S, T) Stratified Layers (A5) _ Depleted Matrix (F3) _ Anomalous Bright Loamy Soils (F20) Organic Bodies (A6) (LRR P, T, U) _ Redox Dark Surface (F6) (MLRA 15313) 5 cm Mucky Mineral (A7) (LRR P, T, U) _ Depleted Dark Surface (F7) _ Red Parent Material (TF2) Muck Presence (A8) (LRR U) _ Redox Depressions (F8) _ Very Shallow Dark Surface (TF12) 1 cm Muck (A9) (LRR P, T) _ Marl (F10) (LRR U) _ Other (Explain in Remarks) Depleted Below Dark Surface (Al 1) _ Depleted Ochric (F11) (MLRA 151) Thick Dark Surface (Al2) — Iron -Manganese Masses (F12) (LRR O, P, T) 3Indicators of hydrophytic vegetation and Coast Prairie Redox (A16) (MLRA 150A) _ Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, Sandy Mucky Mineral (S1) (LRR O, S) _ Delta Ochric (F17) (MLRA 151) unless disturbed or problematic. Sandy Gleyed Matrix (S4) _ Reduced Vertic (F18) (MLRA 150A, 15013) Sandy Redox (S5) — Piedmont Floodplain Soils (F19) (MLRA 149A) Stripped Matrix (S6) _ Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) _ Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes Ll No Remarks US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/Site: Ocean Minnow Project City/County: Arapahoe/Pamlico Sampling Date: 03/30/2021 Applicant/Owner: Ocean Minnow LLC State: NC Sampling Point: Wet @ A105 Investigator(s): Scott Stone & Tucker Pridgen Section, Township, Range: Landform (hillslope, terrace, etc.): Bottom Local relief (concave, convex, none): Concave Slope (%): 0 Subregion (LRR or MLRA): LRR T, MLRA 153B Lat: 34.9905640 Long:-76.7604810 Datum: NAD83 Soil Map Unit Name: Hobucken NWI classification: E2EM1 Pd Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes ✓ No Is the Sampled Area Hydric Soil Present? Yes ✓ No within a Wetland? Yes No Wetland Hydrology Present? Yes ✓ No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) _ Surface Soil Cracks (136) ✓ Surface Water (Al) Aquatic Fauna (B13) ` Sparsely Vegetated Concave Surface (138) High Water Table (A2) Marl Deposits (B15) (LRR U) _ Drainage Patterns (1310) ✓ Saturation (A3) Hydrogen Sulfide Odor (C1) ` Moss Trim Lines (1316) Water Marks (131) _ Oxidized Rhizospheres along Living Roots (C3) _ Dry -Season Water Table (C2) Sediment Deposits (132) _ Presence of Reduced Iron (C4) _ Crayfish Burrows (C8) Drift Deposits (133) _ Recent Iron Reduction in Tilled Soils (C6) _ Saturation Visible on Aerial Imagery (C9) ✓ Algal Mat or Crust (134) _ Thin Muck Surface (C7) _ Geomorphic Position (D2) Iron Deposits (135) _ Other (Explain in Remarks) ` Shallow Aquitard (D3) Inundation Visible on Aerial Imagery (137) _ FAC-Neutral Test (D5) ✓ Water -Stained Leaves (139) _ Sphagnum moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes ✓ No Depth (inches): at surface Water Table Present? Yes ✓ No Depth (inches): Saturation Present? Yes ✓ No Depth (inches): at surface Wetland Hydrology Present? Yes No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 VEGETATION (Five Strata) — Use scientific names of plants. Sampling Point: Wet @ A105 Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 50'x50, ) % Cover Species? Status Number of Dominant Species 1 Chamaecyparis thyoides 1 That Are OBL, FACW, or FAC: 1 (A) 2. Total Number of Dominant 3. Species Across All Strata: 1 (B) 4. Percent of Dominant Species 5• That Are OBL, FACW, or FAC: 100 (A/B) 6. Prevalence Index worksheet: 1 = Total Cover 50% of total cover: 20% of total cover: Total % Cover of: Multiply by: Sapling Stratum (Plot size: ) OBL species x 1 = 1 FACW species x 2 = FAC species x 3 = 2. FACU species x 4 = 3. 4 UPL species x 5 = Column Totals: 0 (A) 0 (B) 5 6. Prevalence Index = B/A = 0 = Total Cover Hydrophytic Vegetation Indicators: 50% of total cover: 20% of total cover: 1 -Rapid Test for Hydrophytic Vegetation Shrub Stratum (Plot size: ) _ ❑ 2 - Dominance Test is >50% 1 • ❑ 3 - Prevalence Index is <_3.0' 2 0 Problematic Hydrophytic Vegetation' (Explain) 3. 4• 'Indicators of hydric soil and wetland hydrology must 5. be present, unless disturbed or problematic. 6. Definitions of Five Vegetation Strata: 0 = Total Cover Tree —Woody plants, excluding woody vines, 50% of total cover: 20% of total cover: approximately 20 ft (6 m) or more in height and 3 in. Herb Stratum (Plot size: 50'x50, ) (7.6 cm) or larger in diameter at breast height (DBH). 1 Juncus roemerianus 94 Yes OBL Sapling —Woody plants, excluding woody vines, 2 Carex stricta 5 OBL approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. 3. 4. Shrub — Woody plants, excluding woody vines, 5 approximately 3 to 20 ft (1 to 6 m) in height. 6. Herb —All herbaceous (non -woody) plants, including 7 herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately $• 3 ft (1 m) in height. 9. Woody vine — All woody vines, regardless of height. 10. 11. 99 = Total Cover 50% of total cover: 20% of total cover: Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5• Hydrophytic 0 = Total Cover Vegetation n g 50% of total cover: 20% of total cover: Present? Yes No Remarks: (If observed, list morphological adaptations below) US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 SOIL Sampling Point: Wet @ A105 to the depth needed to document the indicator or confirm Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type LocZ Texture Remarks 0-18 10YR3/2 Muck 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric S< Histosol (Al) _ Polyvalue Below Surface (S8) (LRR S, T, U) _ 1 cm Muck (A9) (LRR O) Histic Epipedon (A2) _ Thin Dark Surface (S9) (LRR S, T, U) _ 2 cm Muck (A10) (LRR S) Black Histic (A3) — Loamy Mucky Mineral (F1) (LRR O) — Reduced Vertic (F18) (outside MLRA 150A,B) Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Soils (F19) (LRR P, S, T) Stratified Layers (A5) _ Depleted Matrix (F3) _ Anomalous Bright Loamy Soils (F20) Organic Bodies (A6) (LRR P, T, U) _ Redox Dark Surface (F6) (MLRA 15313) 5 cm Mucky Mineral (A7) (LRR P, T, U) _ Depleted Dark Surface (F7) _ Red Parent Material (TF2) Muck Presence (A8) (LRR U) _ Redox Depressions (F8) _ Very Shallow Dark Surface (TF12) 1 cm Muck (A9) (LRR P, T) _ Marl (F10) (LRR U) _ Other (Explain in Remarks) Depleted Below Dark Surface (Al 1) _ Depleted Ochric (F11) (MLRA 151) Thick Dark Surface (Al2) — Iron -Manganese Masses (F12) (LRR O, P, T) 3Indicators of hydrophytic vegetation and Coast Prairie Redox (A16) (MLRA 150A) _ Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, Sandy Mucky Mineral (S1) (LRR O, S) _ Delta Ochric (F17) (MLRA 151) unless disturbed or problematic. Sandy Gleyed Matrix (S4) _ Reduced Vertic (F18) (MLRA 150A, 15013) Sandy Redox (S5) — Piedmont Floodplain Soils (F19) (MLRA 149A) Stripped Matrix (S6) _ Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) ✓ Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type Depth (inches): Remarks: Hydric Soil Present? Yes Z No LL US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 Appendix 3 Wetland Data Forms (Flag 134) — Upland (3 pages), Wetland (3 pages) WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/Site: Ocean Minnow Project City/County: Arapahoe/Pamlico Sampling Date: 03/30/2021 Applicant/Owner: Ocean Minnow LLC State: NC Sampling Point: Up @ B4 Investigator(s): Scott Stone & Tucker Pridgen Section, Township, Range: Landform (hillslope, terrace, etc.): terrace Local relief (concave, convex, none): Convex Slope (%): 2 Subregion (LRR or MLRA): LRR T, MLRA 153B Lat: 34.9902681 Long:-76.7608687 Datum: NAD83 Soil Map Unit Name: Lenoir NWI classification: Upland Are climatic / hydrologic conditions on the site typical for this time of year? Yes V No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes ✓ No Is the Sampled Area Hydric Soil Present? Yes No ✓ Within a Wetland? Yes No Wetland Hydrology Present? Yes No ✓ Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) _ Surface Soil Cracks (136) Surface Water (Al) Aquatic Fauna (B13) ` Sparsely Vegetated Concave Surface (138) — High Water Table (A2) Marl Deposits (B15) (LRR U) _ Drainage Patterns (1310) — Saturation (A3) Hydrogen Sulfide Odor (C1) ` Moss Trim Lines (1316) Water Marks (131) _ Oxidized Rhizospheres along Living Roots (C3) _ Dry -Season Water Table (C2) — Sediment Deposits (132) _ Presence of Reduced Iron (C4) _ Crayfish Burrows (C8) — Drift Deposits (133) _ Recent Iron Reduction in Tilled Soils (C6) _ Saturation Visible on Aerial Imagery (C9) — Algal Mat or Crust (134) _ Thin Muck Surface (C7) _ Geomorphic Position (D2) — Iron Deposits (135) _ Other (Explain in Remarks) ` Shallow Aquitard (D3) — Inundation Visible on Aerial Imagery (137) _ FAC-Neutral Test (D5) Water -Stained Leaves (139) _ Sphagnum moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes No ✓ Depth (inches): Water Table Present? Yes No ✓ Depth (inches): Saturation Present? Yes No ✓ Depth (inches): Wetland Hydrology Present? Yes No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 VEGETATION (Five Strata) — Use scientific names of plants. Sampling Point: Up @ B4 Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 50'x50, ) % Cover Species? Status Number of Dominant Species 1 Pinus taeda 75 FAC That Are OBL, FACW, or FAC: 1 (A) 2. Total Number of Dominant 3. Species Across All Strata: 1 (B) 4. Percent of Dominant Species 5• That Are OBL, FACW, or FAC: 100 (A/B) 6. Prevalence Index worksheet: 75 = Total Cover 50% of total cover: 20% of total cover: Total % Cover of: Multiply by: Sapling Stratum (Plot size: ) OBL species x 1 = 1 Liquidambar styraciflua 10 FAC FACW species x 2 = FAC species x 3 = 2. FACU species x 4 = 3. 4 UPL species x 5 = Column Totals: 0 (A) 0 (B) 5 6. Prevalence Index = B/A = 10 = Total Cover Hydrophytic Vegetation Indicators: 50% of total cover: 20% of total cover: 1 -Rapid Test for Hydrophytic Vegetation Shrub Stratum (Plot size: ) _ ❑ 2 - Dominance Test is >50% 1 Morella cerifera 10 FAC 1 3 -Prevalence Index is <_3.0 2 0 Problematic Hydrophytic Vegetation' (Explain) 3. 4• 'Indicators of hydric soil and wetland hydrology must 5. be present, unless disturbed or problematic. 6. Definitions of Five Vegetation Strata: 10 = Total Cover Tree —Woody plants, excluding woody vines, 50% of total cover: 20% of total cover: approximately 20 ft (6 m) or more in height and 3 in. Herb Stratum (Plot size: ) (7.6 cm) or larger in diameter at breast height (DBH). 1 Smilax 2 FAC Sapling —Woody plants, excluding woody vines, 2. approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. 3. 4. Shrub — Woody plants, excluding woody vines, 5 approximately 3 to 20 ft (1 to 6 m) in height. 6. Herb —All herbaceous (non -woody) plants, including 7 herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately $• 3 ft (1 m) in height. 9. Woody vine — All woody vines, regardless of height. 10. 11. 2 = Total Cover 50% of total cover: 20% of total cover: Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5• Hydrophytic 0 = Total Cover Vegetation n g 50% of total cover: 20% of total cover: Present? Yes No Remarks: (If observed, list morphological adaptations below) US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 SOIL Sampling Point: Up @ B4 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type LocZ Texture Remarks 0-4 10YR4/2 100 SI 5-12 10YR5/4 100 SI 13-20 10YR5/6 100 C 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: Histosol (Al) _ Polyvalue Below Surface (S8) (LRR S, T, U) _ 1 cm Muck (A9) (LRR O) Histic Epipedon (A2) _ Thin Dark Surface (S9) (LRR S, T, U) _ 2 cm Muck (A10) (LRR S) Black Histic (A3) — Loamy Mucky Mineral (F1) (LRR O) — Reduced Vertic (F18) (outside MLRA 150A,B) Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Soils (F19) (LRR P, S, T) Stratified Layers (A5) _ Depleted Matrix (F3) _ Anomalous Bright Loamy Soils (F20) Organic Bodies (A6) (LRR P, T, U) _ Redox Dark Surface (F6) (MLRA 15313) 5 cm Mucky Mineral (A7) (LRR P, T, U) _ Depleted Dark Surface (F7) _ Red Parent Material (TF2) Muck Presence (A8) (LRR U) _ Redox Depressions (F8) _ Very Shallow Dark Surface (TF12) 1 cm Muck (A9) (LRR P, T) _ Marl (F10) (LRR U) _ Other (Explain in Remarks) Depleted Below Dark Surface (Al 1) _ Depleted Ochric (F11) (MLRA 151) Thick Dark Surface (Al2) — Iron -Manganese Masses (F12) (LRR O, P, T) 3Indicators of hydrophytic vegetation and Coast Prairie Redox (A16) (MLRA 150A) _ Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, Sandy Mucky Mineral (S1) (LRR O, S) _ Delta Ochric (F17) (MLRA 151) unless disturbed or problematic. Sandy Gleyed Matrix (S4) _ Reduced Vertic (F18) (MLRA 150A, 15013) Sandy Redox (S5) — Piedmont Floodplain Soils (F19) (MLRA 149A) Stripped Matrix (S6) _ Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) _ Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes Ll No Remarks US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/Site: Ocean Minnow Project City/County: Arapahoe/Pamlico Sampling Date: 03/30/2021 Applicant/Owner: Ocean Minnow LLC State: NC Sampling Point: Wet @ B4 Investigator(s): Scott Stone & Tucker Pridgen Section, Township, Range: Landform (hillslope, terrace, etc.): bottom Local relief (concave, convex, none): concave Slope (%): 0 Subregion (LRR or MLRA): LRR T, MLRA 153B Lat: 34.9901314 Long:-76.7610135 Datum: NAD83 Soil Map Unit Name: Ballahack NWI classification: PSS4A Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes ✓ No Is the Sampled Area Hydric Soil Present? Yes ✓ No within a Wetland? Yes No Wetland Hydrology Present? Yes ✓ No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) _ Surface Soil Cracks (136) ✓ Surface Water (Al) Aquatic Fauna (B13) ` Sparsely Vegetated Concave Surface (138) ✓ High Water Table (A2) Marl Deposits (B15) (LRR U) _ Drainage Patterns (1310) ✓ Saturation (A3) Hydrogen Sulfide Odor (C1) ` Moss Trim Lines (1316) ✓ Water Marks (131) _ Oxidized Rhizospheres along Living Roots (C3) _ Dry -Season Water Table (C2) Sediment Deposits (132) _ Presence of Reduced Iron (C4) _ Crayfish Burrows (C8) ✓ Drift Deposits (133) _ Recent Iron Reduction in Tilled Soils (C6) _ Saturation Visible on Aerial Imagery (C9) Algal Mat or Crust (134) ✓ Thin Muck Surface (C7) _ Geomorphic Position (D2) ✓ Iron Deposits (135) _ Other (Explain in Remarks) ` Shallow Aquitard (D3) Inundation Visible on Aerial Imagery (137) _ FAC-Neutral Test (D5) Water -Stained Leaves (139) _ Sphagnum moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes ✓ No Depth (inches): 2-6" above surface Water Table Present? Yes ✓ No Depth (inches): Saturation Present? Yes ✓ No Depth (inches): Wetland Hydrology Present? Yes No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 VEGETATION (Five Strata) — Use scientific names of plants. Sampling Point: Wet @ B4 Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: ) % Cover Species? Status Number of Dominant Species 1. That Are OBL, FACW, or FAC: 2 (A) 2. Total Number of Dominant 3. Species Across All Strata: 2 (B) 4. Percent of Dominant Species 5. That Are OBL, FACW, or FAC: 100 (A/B) 6. Prevalence Index worksheet: 0 = Total Cover 50% of total cover: 20% of total cover: Total % Cover of: Multiply by: Sapling Stratum (Plot size: 50'x50' ) OBL species x 1 = 1 Taxodium distichum 3 OBL FACW species x 2 = FAC species x 3 = 2. FACU species x 4 = 3. 4 UPL species x 5 = Column Totals: 0 (A) 0 (B) 5 6. Prevalence Index = B/A = 3 = Total Cover Hydrophytic Vegetation Indicators: 50% of total cover: 20% of total cover: 1 -Rapid Test for Hydrophytic Vegetation Shrub Stratum (Plot size: ) _ ❑ 2 - Dominance Test is >50% 1. 0 3 - Prevalence Index is <_3.0' 2• 0 Problematic Hydrophytic Vegetation' (Explain) 3. 4• 'Indicators of hydric soil and wetland hydrology must 5. be present, unless disturbed or problematic. 6. Definitions of Five Vegetation Strata: 0 = Total Cover Tree —Woody plants, excluding woody vines, 50% of total cover: 20% of total cover: approximately 20 ft (6 m) or more in height and 3 in. Herb Stratum (Plot size: 50'x50' ) (7.6 cm) or larger in diameter at breast height (DBH). 1 Carex stricta 25 Yes OBL Sapling —Woody plants, excluding woody vines, 2 Juncus effusus 40 Yes OBL approximately 20 ft (6 m) or more in height and less 3 Hibiscus moscheutos 10 than 3 in. (7.6 cm) DBH. 4 Spartina cynosuroides 15 Shrub — Woody plants, excluding woody vines, 5 approximately 3 to 20 ft (1 to 6 m) in height. 6. Herb —All herbaceous (non -woody) plants, including 7 herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately $• 3 ft (1 m) in height. 9. Woody vine — All woody vines, regardless of height. 10. 11. 90 = Total Cover 50% of total cover: 20% of total cover: Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5. Hydrophytic 0 = Total Cover Vegetation n g 50% of total cover: 20% of total cover: Present? Yes No Remarks: (If observed, list morphological adaptations below) US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 SOIL Sampling Point: Wet @ B4 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type LocZ Texture Remarks 0-14 2.5Y5/4 100 S 15-20 10YR3/2 80 10TR6/2 20 SI 20-24 10YR6/2 100 s 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: Histosol (Al) _ Polyvalue Below Surface (S8) (LRR S, T, U) _ 1 cm Muck (A9) (LRR O) Histic Epipedon (A2) _ Thin Dark Surface (S9) (LRR S, T, U) _ 2 cm Muck (A10) (LRR S) Black Histic (A3) — Loamy Mucky Mineral (F1) (LRR O) — Reduced Vertic (F18) (outside MLRA 150A,B) Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Soils (F19) (LRR P, S, T) Stratified Layers (A5) _ Depleted Matrix (F3) _ Anomalous Bright Loamy Soils (F20) Organic Bodies (A6) (LRR P, T, U) _ Redox Dark Surface (F6) (MLRA 15313) 5 cm Mucky Mineral (A7) (LRR P, T, U) _ Depleted Dark Surface (F7) _ Red Parent Material (TF2) Muck Presence (A8) (LRR U) _ Redox Depressions (F8) _ Very Shallow Dark Surface (TF12) 1 cm Muck (A9) (LRR P, T) _ Marl (F10) (LRR U) _ Other (Explain in Remarks) Depleted Below Dark Surface (Al 1) _ Depleted Ochric (F11) (MLRA 151) Thick Dark Surface (Al2) — Iron -Manganese Masses (F12) (LRR O, P, T) 3Indicators of hydrophytic vegetation and Coast Prairie Redox (A16) (MLRA 150A) _ Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, Sandy Mucky Mineral (S1) (LRR O, S) _ Delta Ochric (F17) (MLRA 151) unless disturbed or problematic. Sandy Gleyed Matrix (S4) _ Reduced Vertic (F18) (MLRA 150A, 15013) Sandy Redox (S5) — Piedmont Floodplain Soils (F19) (MLRA 149A) ✓ Stripped Matrix (S6) _ Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) _ Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes Z No LL Remarks US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 Appendix 4 USACE Jurisdictional Determination (SAW-2021-00732) U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-00732 County: Pamlico U.S.G.S. Quad: NC -Cherry Point NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Ocean Minnow, LLC Mr. Darrell Wiard Address: 181 Weatherby Drive Merritt, North Carolina 28556 Telephone Number: 252-229-7077 E-mail: Darrell.newaterfront(a�,gmail.com Size (acres) 29.8 Nearest Town Arapahoe Nearest Waterway Dawson Creek River Basin Neuse USGS HUC 03020204 Coordinates Latitude: 34.9924 Longitude:-76.763 Location description: The review area is comprised of two undeveloped parcels located at 4195 Janiero Road in Arapahoe, NC. Parcel Index Numbers: 6466909220000 &6475090277. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters, including wetlands on the above described nroiect area/pronertv, that may be subiect 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 revised delineation map dated 7/1/2021. 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 reauest an annroved JD. which is an annealable action. by contactinc the Coms 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 SAW-2021-00732 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 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. ❑X 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 in Washington, NC, at (252) 946-6481 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 Emily B. Thompson at (910)251-4629 or Emily.B.Thompson(a,usace.armv.mil. C. Basis For Determination: See the preliminary jurisdictional determination form dated 07/02/2021. D. 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 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 PHILIP.A. SHANNIN@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, 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.** B.Corps Regulatory Official: �J Date of JD: 07/02/2021 Expiration Date of JD: Not applicable SAW-2021-00732 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p-136:4:0 Copy furnished (via e-mail): Agent: Environmental and Soil Service, Inc. Mr. Scott Stone Address: Post Office Box 82 Pinetops, North Carolina 27864 Telephone Number: 252-531-3471 E-mail: esssoil(&-),aol.com r1 41 Ks ytential Wetland Area A: 2.89 Acres B: +/- 0.38 Acres �tential Non -Wetland Waters Linear Neuse River: +/-877.74' Total Linear Feet: +/-2,252.09' ;V .?�,�• \� .. t 4. alp- M r` A Maki Potential Ordinary High Water Mark ' f6ft - e �^ ., • • � � +. Potential Wetland Line C � ♦A r .,t�t� '� t,, Potential Wetland Line B Potential Wetland Line A .� Potential Wetland Area FPO trr ' i-<f A roximate Pro erty Line ; OceanMinnowPointst OceanMinnowShape2 • `''' OceanMinnowSHapel 1 it e�r^'� '` '�' +�►� ! Non -Wetland Waters Feet 1 Q 75 15C ` Ocean Minnow, LLC Pamlico County PIN 6475090277 (+/- 24.95 acres) PIN 6466909220000 (+/- 4.84 acre! Total Acres (+/-29.8 acres) sri Community Maps Contributors, Carteret County Environmental and Soil Service Inc rate of North Carolina DOT, BuildingrroorprintUSA, sri, HERE, Gar.I,, SafeGraph, INCREMENT P, METI/ R O, Box 82 ASA, USGS, EPA, NPS, US Census Bureau, USDA Pinetops, NC 27864 axis, Microsoft -igure 3 Revised � w 14, ' 4s� ILA 1a NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Ocean Minnow, LLC, Mr. Darrell Ward File Number: SAW-2021-00732 Date: 07/02/2021 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 ❑X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identities your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or htti)://www.usace.anny.mil/Missions/CivilWorks/ReizulatoryPro,2ramandPermits.asi3x or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL P FFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division MR. PHILIP A. SHANNTN Attn: Emily B. Thompson ADMINISTRATIVE APPEAL REVIEW OFFICER Washington Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST, FLOOR M9 2407 West Fifth Street ATLANTA, GEORGIA 30303-8803 Washington, North Carolina 27889 PHONE: (404) 562-5136; FAX (404) 562-5138 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 appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportunit 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: Emily B. Thompson, 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: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 07/02/2021 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Ocean Minnow, LLC, Mr. Darrell Wiard, 181 Weatherby Drive, Merritt, North Carolina 28556 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, 4195 Janiero Road/Ocean Minnow, LLC/Pamlico, SAW-2021-00732 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is comprised of two undeveloped parcels located at 4195 Janicro Road in Arapahoe, NC. Parcel Index Numbers: 6466909220000 &6475090277. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Pamlico City: Arapahoe Center coordinates of site (lat/long in degree decimal format): Latitude: 34.9924 Longitude:-76.763 Universal Transverse Mercator: 18 Name of nearest waterbody: Dawson Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): 5-19-2021 TABLE OF AQUATIC RESOURCES INREVIEWAREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude Longitude Estimated Type of Geographic (decimal (decimal amount of aquatic authority to degrees) degrees) aquatic resource (i.e., which the resource in wetland vs. aquatic review area non -wetland resource "may (acreage and waters) be" subject linear feet, if (i.e., Section applicable) 404 or Section 10/404 SAW-2021-00732 34.98985 -76.761029 877.74 feet Non -wetland Section 10/404 Neuse River waters SAW-2021-00732 34.991965 -76.76177 1374.35 feet Non -wetland Section 404 Non -wetland waters Waters SAW-2021-00732 34.990923 -76.760761 2.89 acres Wetland Section 404 Wetland A SAW-2021-00732 34.990245 -76.761162 0.38 acres Wetland Section 404 Wetland B l . 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 are included in the administrative record and are appropriately cited: ®Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Environmental and Soil Service, LLC Map: Preliminary Wetland Map, Ocean Minnow Project ®Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: N Office concurs with data sheets/delineation report. ❑ Office does not concurwith data sheets/delineation report. Rationale: El Data sheets prepared by the Corps: ❑Corps navigable waters' study: NU.S. Geological Survey Hydrologic Atlas: NUSGS NHD data: National Regulatory Viewer — SAD Viewers ❑USGS 8 and 12 digit HUC maps: N U.S. Geological Survey map(s). Cite scale & quad name: 1 IN = 3,000 FT, Cherry Point ❑Natural Resources Conservation Service Soil Survey. Citation: Pamlico County 1987 N National wetlands inventory map(s). Cite name: National Regulatory Viewer — SAD Viewers ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ❑Photographs: ❑ Aerial (Name & Date): or N Other (Name & Date): Site visit 5-19-2021 ❑Previous determination(s). File no. and date of response letter: ❑Other information (please specify): Gen2 LiDAR; Antecedent Precipitation Tool IMPORTANT NOTE: The information recorded on this form has not necessarilv been verified by the Corps and should not he relied upon for later jurisdictional determinations. �3. Signaturc0and date of Regulatory staff member completing PJD 07/02/2021 07/02/2021 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to fmalizing an action.