20140351 Ver 2_Stream Call Letter_20141212

NC©ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Ms. Linda Diebolt
Hazen and Sawyer
4011 WestChase Blvd
Raleigh NC 27607
John E. Skvarla, III
Secretary
December 12, 2014
Subject Property: Proposed T.Z. Osborne Water Reclamation Facility— Package 2, McLeansville NC, Guilford
County
On -Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0500)
On -Site Determination for the Applicability to the Jordan Buffer Rules (15A NCAC 2B .0267)
Dear Ms. Diebolt:
On November 6, 2014, at your request and in your attendance, Sue Homewood conducted an on -site
determination to review features located on the subject project for stream determinations with regards to
the above noted state regulations David Bailey with the US Army Corps of Engineers (USACE) was also
present at the site visit.
The Division acknowledges the areas and boundaries identified as jurisdictional wetlands by the USACE. The
feature identified on the attached map was determined to be linear wetland. In addition, a stream was
identified below the pond shown on the attached map. The pond and the stream below are shown on the
Guilford County Soil Survey map and are therefore subject to the Jordan Buffer Rules stated above.
Please note that at the time of this letter, all intermittent and perennial stream channels and jurisdictional
wetlands found on the property are subject to the rules cited above. These regulations are subject to change
in the future.
The owner (or future owners) should notify the Division (and other relevant agencies) of this decision in any
future correspondences concerning this property. This on -site determination shall expire five (5) years from
the date of this letter.
Winston -Salem Regional Office
Location: 585 Waughtown St. Winston - Salem, North Carolina 27107
Phone: [phone] FAX: [phone] Customer Service: 1- 877 - 623 -6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
N�orthCarolina
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Linda Diebolt
TZ Osborne WRF — Package 2
December 12, 2014
Page 2 of 2
Landowners or affected parties that dispute a determination made by the Division or Delegated Local
Authority that a surface water exists and that it is subject to the buffer rule may request a determination by
the Director. A request for a determination by the Director shall be referred to the Director in writing c/o
Wetlands and Buffers Permitting and Compliance Unit, 1650 Mail Service Center, Raleigh, NC 27699 -1650.
Individuals that dispute a determination by the Division or Delegated Local Authority that "exempts" surface
water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. Applicants are hereby notified that the 60 -day statutory appeal time does not start
until the affected party (including downstream and adjacent landowners) is notified of this decision. The
Division recommends that the applicant conduct this notification in order to be certain that third party
appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, N.C. 27699 -6714. This determination is final and binding unless you ask for a hearing
within 60 days.
This letter only addresses the applicability to the mitigation rules and the buffer rules and does not approve
any activity within Waters of the United States or Waters of the State or their associated buffers. If you have
any additional questions or require additional information please contact me at 336 - 771 -4964 or
sue.homewood @ncdenr.gov.
Sincerely,
Sue Homewood
Winston -Salem Regional Office
Enclosures: USGS Topo Map
Guilford County Soils Map
Aerial Map
cc: Steven Drew, Water Resources Director, City of Greensboro, P.O. Box 3136, Greensboro, NC 27402
David Bailey, USACE Raleigh Regulatory Field Office (via email)
DWR, Winston -Salem Regional Office

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Jurisdictional Determination Request
aaa
US Army Corps
of Engineers
Wilmington District
This form is intended for use by anyone requesting a jurisdictional determination (JD) from the
U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting
information, as described within each category, with your request. You may submit your request
to the appropriate Corps Field Office (or project manager, if known) via mail, electronic mail, or
facsimile. A current list of county assignments by Field Office and project manager can be
found on -line at: http:// www .saw.usace.army.mil /Missions/Re ug latoDPermitPro r�px , by
telephoning: 910- 251 -4633, or by contacting any of the field offices listed below:
ASHEVILLE REGULATORY FIELD OFFICE
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801 -5006
General Number: (828) 271 -7980
Fax Number: (828) 281 -8120
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
General Number: (919) 554 -4884
Fax Number: (919) 562 -0421
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
General Number: (910) 251 -4610
Fax Number: (252) 975 -1399
WILMINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
General Number: 910 - 251 -4633
Fax Number: (910) 251 -4025
Version: December 2013 Page 1

Jurisdictional Determination Request
INSTRUCTIONS:
All requestors must complete Parts A, B, C, D, E and F.
NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part G.
NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD
requests must include the current property owner authorization for the Corps to proceed with the
determination, which may include inspection of the property when necessary. This form must be
signed by the current property owner to be considered a complete request.
NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD
requests associated with North Carolina Department of Transportation (NCDOT) projects will be
conducted according to the current NCDOT/USACE protocols.
NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD 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 also request a certified wetland determination from the local office of the Natural
Resources Conservation Service, prior to starting work.
Version: December 2013 Page 2

Jurisdictional Determination Request
A. PARCEL INFORMATION
Street Address:
City, State:
County:
Directions:
Parcel Index Number(s) (PIN):
B. REQUESTOR INFORMATION
Name:
Mailing Address:
Telephone Number:
Electronic Mail Address 1:
Select one:
❑ I am the current property owner.
❑ I am an Authorized Agent or Environmental Consultant
❑ Interested Buyer or Under Contract to Purchase
❑ Other, please explain.
C. PROPERTY OWNER INFORMATION
Name:
Mailing Address:
Telephone Number:
Electronic Mail Address 3:
❑ Proof of Ownership Attached (e.g. a copy of Deed, County GIS /Parcel /Tax Record data)
1 If available
Z Must attach completed Agent Authorization Form
3 If available
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Jurisdictional Determination Request
D. PROPERTY OWNER CERTIFICATION
I, the undersigned, a duly authorized owner of record of the property /properties identified herein,
do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps)
to enter upon the property herein described for the purpose of conducting on -site investigations
and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction
under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of
1899.
Property Owner (please print)
Property Owner Signature
E. JURISDICTIONAL DETERMINATION TYPE
Select One:
Date
❑ I am requesting that the Corps provide a preliminary JD for the property identified herein.
This request does include a delineation.
❑ I am requesting that the Corps provide a preliminary JD for the property identified herein.
This request does NOT include a delineation.
❑ I am requesting that the Corps investigate the property /project area for the presence or
absence of WOUS5 and provide an approved JD for the property identified herein. This
request does NOT include a request for a verified delineation.
❑ I am requesting that the Corps delineate the boundaries of all WoUS on a property /project
area and provide an approved JD (this may or may not include a survey plat).
❑ I am requesting that the Corps evaluate and approve a delineation of WoUS (conducted
by others) on a property /project area and provide an approved JD (may or may not
include a survey plat).
4 For NCDOT requests following the current NCDOT /USACE protocols, skip to Part E.
5 Waters of the United States
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Jurisdictional Determination Request
F. ALL REQUESTS
❑ Map of Property or Project Area (attached). This Map must clearly depict the boundaries
of the area of evaluation.
❑ Size of Property or Project Area
acres
F-1 I verify that the property (or project) boundaries have recently been surveyed and marked
by a licensed land surveyor OR are otherwise clearly marked or distinguishable.
G. JD REQUESTS FROM CONSULTANTS OR AGENCIES
(1) Preliminary JD Requests:
F-1 Completed and signed Preliminary Jurisdictional Determination Form6.
❑ Project Coordinates:
Latitude
Maps (no larger than 11x17) with Project Boundary Overlay:
Longitude
❑ Large and small scale maps that depict, at minimum: streets, intersections, towns
❑ Aerial Photography of the project area
❑ USGS Topographic Map
❑ Soil Survey Map
❑ Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
6 See Appendix A of this Form. From Regulatory Guidance Letter No. 08 -02, dated June 26, 2008
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Jurisdictional Determination Request
Delineation Information (when applicable):
Wetlands:
❑ Wetland Data Sheets
■
Upland Data Sheets
Landscape Photos, if taken
Tributaries:
❑ USACE Assessment Forms
❑ Other Assessment Forms
(when appropriate)
Field Sketch overlain on legible Map that includes:
• All aquatic resources (for sites with multiple resources, label and identify)
• Locations of wetland data points and/or tributary assessment reaches
• Locations of photo stations
• Approximate acreage /linear footage of aquatic resources
(2) Approved JDs including Verification of a Delineation:
❑ Project Coordinates:
Latitude
Longitude
Maps (no larger than 11x17) with Project Boundary Overlay:
❑ Large and small scale maps that depict, at minimum: streets, intersections, towns
❑ Aerial Photography of the project area
❑ USGS Topographic Map
❑ Soil Survey Map
❑ Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan,
previous delineation maps)
1987 Manual Regional Supplements and Data forms can be found at:
http: /Iwww.usace.army.mil/ Missions/ CivilWorks/ RegulatoryProgramandPermits /reg supp.aspx
Wetland and Stream Assessment Methodologies can be found at:
http: / /portal.ncdenr.org /c /document library /get file ?uuid= 76f3c58b -dab8- 4960- ba43- 45b7faf06f4c &groupld =38364 and,
http: / /www.saw.usace.army.mil/ Portals /59 /docs /regulatory /publicnotices /2013 /NCSAM Draft User Manual 130318.pdf
8 Delineation information must include, at minimum, one wetland data sheet for each wetland /community type.
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Jurisdictional Determination Request
Delineation Information (when applicable):
Wetlands:
❑ Wetland Data Sheets9
Tributaries:
❑ USACE Assessment Forms
❑ Upland Data Sheets ❑ Other Assessment Forms
(when appropriate)
❑ Landscape Photos, if taken
❑ Field Sketch overlain on legible Map that includes:
• All aquatic resources (for sites with multiple resources, label and identify)
• Locations of wetland data points and/or tributary assessment reaches
• Locations of photo stations
• Approximate acreage /linear footage of aquatic resources
Supporting Jurisdictional Information (for Approved JDs only)
❑ Approved Jurisdictional Determination Form(s) (also known as "Rapanos
Form(s)")
❑ Map(s) depicting the potential (or lack of potential) hydrologic connection(s),
adjacency, etc. to navigable waters.
9 Delineation information must include, at minimum, one wetland data sheet for each wetland /community type.
Version: December 2013 Page 7

Jurisdictional Determination Request
I. REQUESTS FOR CORPS APPROVAL OF SURVEY PLAT
Prior to final production of a Plat, the Wilmington District recommends that the Land
Surveyor electronically submit a draft of a Survey Plat to the Corps project manager for
review.
Due to storage limitations of our administrative records, the Corps requires that all hard -
copy submittals include at least one original Plat to scale) that is no larger than 11 "x17"
(the use of match lines for larger tracts acceptable). Additional copies of a plat, including
those larger than 11 "xl7 ", may also be submitted for Corps signature as needed. The
Corps also accepts electronic submittals of plats, such as those transmitted as a Portable
Document Format (PDF) file. Upon verification, the Corps can electronically sign these
plats and return them via e -mail to the requestor.
(1) PLATS SUBMITTED FOR APPROVAL
❑ Must be sealed and signed by a licensed professional land surveyor
❑ Must be to scale (all maps must include both a graphic scale and a verbal scale)
❑ Must be legible
❑ Must include a North Arrow, Scale(s), Title, Property Information
❑ Must include a legible WoUS Delineation Table of distances and bearings /metes
and bounds /GPS coordinates of all surveyed delineation points
❑ Must clearly depict surveyed property or project boundaries
❑ Must clearly identify the known surveyed point(s) used as reference (e.g. property
corner, USGS monument)
❑ When wetlands are depicted:
• Must include acreage (or square footage) of wetland polygons
• Must identify each wetland polygon using an alphanumeric system
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Jurisdictional Determination Request
❑ When tributaries are depicted:
• Must include either a surveyed, approximate centerline of tributary with
approximate width of tributary OR surveyed Ordinary High Water Marks
(OHWM) of tributary
• Must identify each tributary using an alphanumeric system
• Must include linear footage of tributaries and calculated area (using approximate
widths or surveyed OHWM)
• Must include name of tributary (based on the most recent USGS topographic
map) or, when no USGS name exists, identify as "unnamed tributary"
❑ all depicted WoUS (wetland polygons and tributary lines) must intersect or tie -to
surveyed project /property boundaries
❑ Must include the location of wetland data points and /or tributary assessment
reaches
❑ Must include, label accordingly, and depict acreage of all waters not currently
subject to the requirements of the CWA (e.g. "isolated wetlands ", "non -
jurisdictional waters "). NOTE: An approved JD must be conducted in order to
make an official Corps determination that a particular waterbody or wetland is not
jurisdictional.
❑ Must include and survey all existing conveyances (pipes, culverts, etc.) that
transport WoUS
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Jurisdictional Determination Request
(2) CERTIFICATION LANGUAGE
When the entire actual Jurisdictional Boundary is depicted:
include the following Corps Certification language:
"This certifies that this copy of this plat accurately depicts the boundary of the jurisdiction
of Section 404 of the Clean Water Act as determined by the undersigned on this date.
Unless there is a change in the law or our published regulations, the determination of
Section 404 jurisdiction may be relied upon for a period not to exceed five (5) years from
this date. The undersigned completed this determination utilizing the appropriate Regional
Supplement to the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual."
Regulatory Official:
Title:
Date:
USACE Action ID No.:
When uplands may be present within a depicted Jurisdictional Boundary
include the following Corps Certification language:
"This certifies that this copy of this plat identifies all areas of waters of the United States
regulated pursuant to Section 404 of the Clean Water Act as determined by the
undersigned on this date. Unless there is change in the law or our published regulations,
this determination of Section 404 jurisdiction may be relied upon for a period not to exceed
five years from this date. The undersigned completed this determination utilizing the
appropriate Regional Supplement to the 1987 U.S. Army Corps of Engineers Wetlands
Delineation Manual."
Regulatory Official:
Title:
Date:
USA CE Action ID No.:
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Jurisdictional Determination Request
(3) GPS SURVEYS
For Surveys prepared using a Global Positioning System (GPS), the Survey must include
all of the above, as well as:
❑ be at sub -meter accuracy at each survey point.
❑ include an accuracy verification:
One or more known points (property corner, monument) shall be located with the
GPS and cross - referenced with the existing traditional property survey (metes and
bounds).
❑ include a brief description of the GPS equipment utilized.
Version: December 2013 Page 11