20221649 Ver 1_02. JD-2020-02074- Vulcan-Spruce Pine_20221118

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW 2020-02074 County: Mitchell U.S.G.S. Quad: NC- Spruce Pine
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Civil and Environmental Consultants
Kevin Thomas
Address: 3701 Arco Corporate Dr., Suite 400
Charlotte, NC 28273
Telephone Number: 410.259.4745
E-mail: kthomas(&cecinc.com
Size (acres) 98.9 Nearest Town Bakersville
Nearest Waterway Bear Creek River Basin French Broad -Holston
USGS HUC 06010108 Coordinates Latitude: 35.970799
Longitude:-82.098153
Location description: The site is the Vulcan Materials Company, Spruce Pine Quarry (& 396 Granite Lane, Bakersville, NC
PIN 0882-00-54-8571
Indicate Which of the Following Apply:
A. Preliminary Determination
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
® There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
❑X 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 11/16/2020. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once

SAW 2020-02074
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Brandee.C.Bou2s at 828271798Ox4224 or
brandee.c.boggs(& usace. army.mil.
C. Basis For Determination: Basis For Determination: See the approved jurisdictional determination
form dated 04/22/2021.
D. Remarks: None.
E. Attention USDA Program Participants
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
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 06/21/2021.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official. ����' C. '�?&gyd'
Date of JD: 04/22/2021 Expiration Date of JD: 04/21/2026

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
P7 REQUEST FOR APPEAL
Applicant: Civil and Environmental Consultants, Kevin
File Number: SAW 2020-02074
Date: 04/22/2021
Thomas
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
❑X
APPROVED JURISDICTIONAL DETERMINATION
D
❑
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or hllp://www.usace.army.miUMissions/CivilWorks/ReaulatoryProgramandPermits.aspx
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.
II - REQUEST FOR APP L or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Phillip Shannin, Administrative Appeal Review Officer
Attn: Brandee.C.Boggs
CESAD-PDO
Asheville Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1OM15
151 Patton Avenue, Room 208
Atlanta, Georgia 30303-8801
Asheville, North Carolina 28801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day
notice of any site investigation, and will have the opportum to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Brandee.C.Boggs, 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. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
I. ADMINISTRATIVE INFORMATION
Completion Date of Approved Jurisdictional Determination (AJD): Select.
ORM Number: (e.g. HQS-2020-00001-MSW).
Associated JDs: N/A or ORM numbers and identifiers (e.g. HQS-2020-00001-MSW-MITSITE).
Review Area Location': State/Territory: City: Bakersville County/Parish/Borough: Mitchell
Center Coordinates of Review Area: Latitude 35.970799 Longitude-82.098153
II. FINDINGS
A. Summary: Check all that apply. At least one box from the following list MUST be selected. Complete the
corresponding sections/tables and summarize data sources.
❑ The review area is comprised entirely of dry land (i.e., there are no waters or water features, including
wetlands, of any kind in the entire review area). Rationale: N/A or describe rationale.
❑ There are "navigable waters of the United States" within Rivers and Harbors Act jurisdiction within the
review area (complete table in Section 11.13).
❑x There are "waters of the United States" within Clean Water Act jurisdiction within the review area
(complete appropriate tables in Section II.C).
C There are waters or water features excluded from Clean Water Act jurisdiction within the review area
(complete table in Section II.D).
B. Rivers and Harbors Act of 1899 Section 10 (§ 10)2
10 Name
§ 10 Size
§ 10 Criteria
Rationale for § 10 Determination
N' f
N/"I N/i
N/A.
C. Clean Water Act Section 404
Territorial Seas and Traditional Navigable Waters ((a)(1) waters):3
(a)(1) Name
(a)(1) Size
(a)(1) Criteria
Rationale for (a)(1) Determination
Nlf.
Tributaries ((a)(2) waters):
(a)(2) Name
(a)(2) Size
(a)(2) Criteria
Rationale for (a)(2) Determination
SA-1,
850
linear
(a)(2) Intermittent
On -site intermittent tributaries exhibit seasonal flow
Intermittent
feet
tributary
with moderate geomorphological, hydrological, and
Reach 2
contributes
biological characteristics. On -site intermittent
surface water
tributaries generally exhibit moderate continuity of
flow directly or
channel bed and bank, generally include soil based
indirectly to an
evidence of high water table, and absent leaf litter
(a)(1) water in a
with little or no biological activity. The stream
typical year.
originates in the northern portion of the Project Area
and generally flows in a western direction. On the
NCDEQ Stream Identification Form (version 4.11),
Stream SA-1 at SCP 4 scored 27.25.
Map(s)/figure(s) are attached to the AJD provided to the requestor
2 If the navigable water is not subject to the ebb and flow of the tide or included on the District's list of Rivers and Harbors Act Section 10 navigable
waters list, do NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to
make a Rivers and Harbors Act Section 10 navigability determination.
3 A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific
segment of river or stream or other type of waterbody, such as a lake, where upstream or downstream limits or lake borders are established. A stand-
alone TNW determination should be completed following applicable guidance and should NOT be documented on the AJD Form.
Page 1 of 6 Form Version 10 June 2020_updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
Tributaries ((a)(2) waters):
(a)(2) Name
(a)(2) Size
(a)(2) Criteria
Rationale for (a)(2) Determination
3A-2,
linear
(a)(2) Intermittent
On -site intermittent tributaries exhibit seasonal flow
Intermittent
feet
tributary
with moderate geomorphological, hydrological, and
Reach 2
contributes
biological characteristics. On -site intermittent
surface water
tributaries generally exhibit moderate continuity of
flow directly or
channel bed and bank, generally include soil based
indirectly to an
evidence of high water table, and absent leaf litter
(a)(1) water in a
with little or no biological activity. The stream
typical year.
originates in the northern portion of the Project Area
and generally flows in a western direction. On the
NCDEQ Stream Identification Form (version 4.11),
Stream SA-2 at SCP 7 scored 21.25
SA-2,
694
linear
(a)(2) Intermittent
On -site intermittent tributaries exhibit seasonal flow
Intermittent
feet
tributary
with moderate geomorphological, hydrological, and
Reach 4
contributes
biological characteristics. On -site intermittent
surface water
tributaries generally exhibit moderate continuity of
flow directly or
channel bed and bank, generally include soil based
indirectly to an
evidence of high water table, and absent leaf litter
(a)(1) water in a
with little or no biological activity. The stream
typical year.
originates in the northern portion of the Project Area
and generally flows in a western direction. On the
NCDEQ Stream Identification Form (version 4.11),
Stream SA-2 at SCP 9 scored 19
SA-4
734
linear
(a)(2) Perennial
On -site perennial tributaries exhibit year-round flow
feet
tributary
with strong geomorphological, hydrological, and
contributes
biological characteristics. The on -site perennial
surface water
tributary generally included soil based evidence of
flow directly or
high water table, iron oxidizing bacteria, strong
indirectly to an
continuity of channel bed and bank, with some
(a)(1) water in a
aquatic biological activity. The stream progresses to
typical year.
a perennial stream once SA-2 confluences with the
intermittent section of SA-1. On the NCDEQ Stream
Identification Form (version 4.11), Stream SA-4 at
SCP 13 scored between 33.75.
SA-5
1031
linear
(a)(2) Perennial
On -site perennial tributaries exhibit year-round flow
feet
tributary
with strong geomorphological, hydrological, and
contributes
biological characteristics. The on -site perennial
surface water
tributary generally included soil based evidence of
flow directly or
high water table, iron oxidizing bacteria, strong
indirectly to an
continuity of channel bed and bank, with some
(a)(1) water in a
aquatic biological activity. The stream progresses to
typical year.
a perennial stream once SA-2 confluences with the
intermittent section of SA-1. On the NCDEQ Stream
Identification Form (version 4.11), Stream SA-5 at
SCP 16 scored between 33.5.
Page 2 of 6 Form Version 10 June 2020_updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
Lakes and ponds, and impoundments of jurisdictional waters ((a)(3) waters):
(a)(3) Name (a)(3) Size (a)(3) Criteria Rationale for (a)(3) Determination
Adjacent wetlands ((a)(4) waters):
(a)(4) Name
(a)(4) Size
(a)(4) Criteria
Rationale for (a)(4) Determination
NI' `
N'' N/A.
N/A.
D. Excluded Waters or Features
Excluded waters ((b)(1) — (b)(12)):4
Exclusion Name
Exclusion Size
Exclusions
Rationale for Exclusion Determination
SA-3
120
linear
(b)(1) Surface
The stream is the result of an anthropogenic
feet
water channel
manipulated headcut in which water is fed into
that does not
the existing quarry as sheet flow and should be
contribute surface
considered a losing stream.
water flow directly
or indirectly to an
(a)(1) water in a
typical year.
SA-1 Ephemeral
374
linear
(b)(3) Ephemeral
Ephemeral feature exhibited pooling during and
Reach 1
feet
feature, including
immediately after storm or precipitation events,
an ephemeral
had very weak geomorphological and
stream, swale,
hydrological characteristics and was absent of
gully, rill, or pool.
any biological characteristics. Ephemeral
Feature was generally absent of bed and bank,
was absent of an ordinary high water mark, had
no soil based evidence of high water table, and
biological activity was absent. Ephemeral
Feature was scored using the NC DEQ Stream
ID form as an Ephemeral, SCP 5; 15.5.
SA-1 Ephemeral
658
linear
(b)(3) Ephemeral
Ephemeral feature exhibited pooling during and
Reach 3
feet
feature, including
immediately after storm or precipitation events,
an ephemeral
had very weak geomorphological and
stream, swale,
hydrological characteristics and was absent of
gully, rill, or pool.
any biological characteristics. Ephemeral
Feature was generally absent of bed and bank,
was absent of an ordinary high water mark, had
no soil based evidence of high water table, and
biological activity was absent. Ephemeral
Feature was scored using the NC DEQ Stream
ID form as an Ephemeral, SCP 1 & 3; 12.5, 16.5.
SA-2 Ephemeral
321
linear
(b)(3) Ephemeral
Ephemeral feature exhibited pooling during and
Reach 1
feet
feature, including
immediately after storm or precipitation events,
an ephemeral
had very weak geomorphological and
hydrological characteristics and was absent of
4 Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requestor specifically asks a Corps district
to do so. Corps districts may, in case -by -case instances, choose to identify some or all of these waters within the review area.
5 Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1)
exclusion, four sub -categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub -categories are not
new exclusions, but are simply administrative distinctions and remain (b)(1) exclusions as defined by the NWPR.
Page 3 of 6 Form Version 10 June 2020_updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
Excluded waters ((b)(1) — (b)(12)):4
Exclusion Name
Exclusion Size
Exclusions
Rationale for Exclusion Determination
stream, swale,
any biological characteristics. Ephemeral
gully, rill, or pool.
Feature was generally absent of bed and bank,
was absent of an ordinary high water mark, had
no soil based evidence of high water table, and
biological activity was absent. Ephemeral
Feature was scored using the NC DEQ Stream
ID form as an Ephemeral, SCP 6; 17.5.
SA-2 Ephemeral
282
linear
(b)(3) Ephemeral
Ephemeral feature exhibited pooling during and
Reach 3
feet
feature, including
immediately after storm or precipitation events,
an ephemeral
had very weak geomorphological and
stream, swale,
hydrological characteristics and was absent of
gully, rill, or pool.
any biological characteristics. Ephemeral
Feature was generally absent of bed and bank,
was absent of an ordinary high water mark, had
no soil based evidence of high water table, and
biological activity was absent. Ephemeral
Feature was scored using the NC DEQ Stream
ID form as an Ephemeral, SCP 8; 16.75
SA-2 Ephemeral
357
linear
(b)(3) Ephemeral
Ephemeral feature exhibited pooling during and
Reach 5
feet
feature, including
immediately after storm or precipitation events,
an ephemeral
had very weak geomorphological and
stream, swale,
hydrological characteristics and was absent of
gully, rill, or pool.
any biological characteristics. Ephemeral
Feature was generally absent of bed and bank,
was absent of an ordinary high water mark, had
no soil based evidence of high water table, and
biological activity was absent. Ephemeral
Feature was scored using the NC DEQ Stream
ID form as an Ephemeral, SCP 10; 16.
Ditch-1
449
linear
(b)(5) Ditch that is
The excluded waters is a man-made ditch meant
feet
not an (a)(1) or
for storm water conveyance not connect to an
(a)(2) water, and
a1, a2, a3 or a4 Waters of the US nor does it
those portions of
meet the definition of a a1, a2, a3. On the
a ditch
NCDEQ Stream Identification Form (version
constructed in an
4.11), Ditch-1 at SCP 12 & 14 scored 16.25 and
(a)(4) water that
15.
do not satisfy the
conditions of
(c)(1).
Ditch-2
263
linear
(b)(5) Ditch that is
The excluded waters is a man-made ditch meant
feet
not an (a)(1) or
for storm water conveyance not connect to an
(a)(2) water, and
a1, a2, a3 or a4 Waters of the US nor does it
those portions of
meet the definition of a a1, a2, a3. On the
a ditch
NCDEQ Stream Identification Form (version
constructed in an
4.11), Ditch-2 at SCP 18 scored 15.
(a)(4) water that
do not satisfy the
Page 4 of 6 Form Version 10 June 2020_updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
Excluded waters ((b)(1) — (b)(12)):4
Exclusion Name
Exclusion Size
Exclusions
Rationale for Exclusion Determination
conditions of
(c)(1).
_85
linear
(b)(5) Ditch that is
The excluded waters is a man-made ditch meant
feet
not an (a)(1) or
for storm water conveyance not connect to an
(a)(2) water, and
a1, a2, a3 or a4 Waters of the US nor does it
those portions of
meet the definition of a a1, a2, a3. On the
a ditch
NCDEQ Stream Identification Form (version
constructed in an
4.11), Ditch-3 at SCP 17 scored 17.5.
(a)(4) water that
do not satisfy the
conditions of
(c)(1).
SB-1
0.02
acre(s)
(b)(10)
The excluded waters is a man-made depression
Stormwater
that was meant to be used as storm -water
control feature
management. The area is currently not
constructed or
impounding a jurisdictional water, and is not
excavated in
connect to an a1, a2, a3 or a4 Waters of the US
upland or in a
non -jurisdictional
water to convey,
treat, infiltrate, or
store stormwater
runoff.
SB-2
0.20
acre(s)
(b)(10)
The excluded waters is a man-made depression
Stormwater
that was meant to be used as storm -water
control feature
management. The area is currently not
constructed or
impounding a jurisdictional water, and is not
excavated in
connect to an a1, a2, a3 or a4 Waters of the US
upland or in a
non -jurisdictional
water to convey,
treat, infiltrate, or
store stormwater
runoff.
III. SUPPORTING INFORMATION
A. Select/enter all resources that were used to aid in this determination and attach data/maps to this
document and/or references/citations in the administrative record, as appropriate.
❑x Information submitted by, or on behalf of, the applicant/consultant: See attached Letter Report will all
attached Reference Materials.
This information is sufficient for purposes of this AJD.
Rationale: ,v/H or describe rationale for insufficiency (including partial insufficiency).
u Data sheets prepared by the Corps: USACE Wetland Determination Forms & Antecedent Precipitation
Tool (Attachment A) & NC DEQ Stream ID Forms (Attachment B)
0 Photographs: Aerial and Other: Photographs 1-70, Dated September 10th, 2019 and November 4th,
2020
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U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
❑x Corps site visit(s) conducted on: Date(s).
❑x Previous Jurisdictional Determinations (AJDs or PJDs): ORM Number(s) and date(s).
❑x Antecedent Precipitation Tool: provide detailed discussion in Section 111.B.
❑x USDA NRCS Soil Survey: Figure 4A, NRCS Current soils Map (Web Soil survey of Mitchell County)
and Figure 413, NRCS Published Soils Map (Soil Survey of Mitchell County Dated 1980)
n USFWS NWI maps: Figure 5, National Wetland Inventory Map (USFWS NWI Mapper)
USGS topographic maps: Figure 2, USGS Topgraphic Map
Other data sources used to aid in this determination:
Data Source (select)
Name and/or date and other relevant information
Other USGS data (specify)
Figure 2, USGS Topographic Map
Other USDA data (specify)
Figure 4A, NRCS Current soils Map (Web Soil survey of Mitchell County) and
Figure 4B, NRCS Published Soils Map (Soil Survey of Mitchell County Dated
1980)
NOAA Sources
N/A.
Other USACE data (specify)
N/A.
LiDAR data/maps
Figure 5 NWI has NC DOT LiDAR base
Other information (specify)
Site Location Map Figure 1 Vicinity Map (Dated 05.1.2020)
B. Typical year assessment(s):
Prior and during the investigation Mitchell County was not considered abnormally dry per
http://www.ncdrought.org/. Additionally, queries were made of the USACE Antecedent Rain Database,
indicating that recent rainfall occurred in the Project Area and that the 30-day rolling total was higher than
the 30-year rolling total
C. Additional comments to support AJD:
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