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
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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
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A: 2.89 Acres
B: +/- 0.38 Acres
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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
.?�,�• \�
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4.
alp-
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Potential Ordinary High Water Mark
' f6ft
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�^ ., • • � � +. Potential Wetland Line C �
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Potential Wetland Line A
.� Potential Wetland Area FPO
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i-<f A roximate Pro erty Line
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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/
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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.