20230201 Ver 1_ePCN Application_20230206

DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
Pre -Filing Meeting Date Request was submitted on:
5/26/2022
BIMS # Assigned* Version#*
20230201 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
What amout is owed?*
$240.00
$570.00
Reviewing Office* Select Project Reviewer*
Asheville Regional Office - [phone] Andrew Moore:eads\awmoore3
Information for Initial Review
la. Name of project:
Dodge's Convenience Store
la. Who is the Primary Contact?*
Alex Lowdermilk
lb. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
2/6/2023
Nearest Body of Water
UT-1 To Cane Creek
Basin
French Broad
Water Classification
C
Site Coordinates
Latitude:
35.424859
A. Processing Information
County (or Counties) where the project is located:
Henderson
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No
Longitude:
-82.503408

la. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 39 - Commercial/Institutional Developments
NWP Numbers (for multiple NWPS):
ld. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lh. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
ld. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
D & H Company
2b. Deed book and page no.:
DB:001464, 000675, 000993, 000703, 000615 PG:00521,00059, 00352, 00029, 00457
2c. Contact Person:
Nat Leathers - Senior Vice President
2d. Address
Street Address
447 East Main Street
Address Line 2
City
Tupelo
Postal / Zip Code
38804
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
Mississippi
Country
United States
Yes No
Yes No

2e. Telephone Number:
[phone]
2f. Fax Number:
2g. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Alex Lowdermilk
4b. Business Name:
McGill Associates, P.A.
4c. Address
Street Address
1240 19th Street Lane NW
Address Line 2
City State / Province / Region
Hickory North Carolina
Postal / Zip Code Country
28601 United States
4d. Telephone Number: 4e. Fax Number:
[phone]
4f. Email Address: *
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
N/A
lc. Nearest municipality / town:
Fletcher
2. Project Identification
2a. Property Identification Number:
9652673798, 9652673975, 9652674962,
9652684005, 9652684073
2b. Property size:
1.57
2c. Project Address
Street Address
4175 Hendersonville Road
Address Line 2
City State / Province / Region
Fletcher North Carolina
Postal / Zip Code Country
28732 United States
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
UT-1 To Cane Creek
3b. Water Resources Classification of nearest receiving water:*
C
3c. What river basin(s) is your project located in?*
French Broad
3d. Please provide the 12-digit HUC in which the project is located.
060101050703
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The proposed project is located at 4175 Hendersonville Road in Fletcher, North Carolina. The subject property has several structures (Local Fresh Produce Stand and the Taco Truck) and
is partially vacant. Adjoining properties appear to be primarily residential and commercial properties.

4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0.2434
4g. List the total estimated linear feet of all existing streams on the property:
N/A - Stream not located on subject property
4h. Explain the purpose of the proposed project:*
D&H Company wishes to pursue a convenience store and filling station to be located on five (5) parcels at the northwest corner of the intersection of US Hwy 25 (Hendersonville Road)
and Woodhill Drive, with Henderson County PINs 9652673798, 9652673975, 9652674962, 9652684005, and 9652684073, totaling 1.57 acres.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The purpose of the proposed project is to construct a single -story convenience store approximately 5,670 SF (See Appendix 2 - Plans Set) with gas pump stations, sidewalks, adequate
parking spots, and a proposed sanitary sewer relocation located parallel to Hendersonville Road (See Appendix 2 - Plans Set - Sanitary Sewer Relocation Sheet 1).
No indirect impacts are anticipated for the proposed project.
The proposed permanent impacts (Impact W1) for the project are approximately 0.2434 Acres resulting from grading and fill for the convenience store and adequate parking spaces. Silt
fencing shall be used in stockpile area during construction to prevent discharge to jurisdictional areas. See Appendix 2 - Plans Set (Sheets C-101, C-102, C-103 - Erosion Control and
Grading
Plans).
Typical equipment to be used may include track hoes, back hoes, skid steers, dump trucks, excavators and dozers.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
No Unknown
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2022-01261
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Alex Lowdermilk
Agency/Consultant Company: McGill Associates, P.A.
Other: 4/20/2022
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
See Appendix 6 - PJD and Appendix 7 - USACE PJD Confirmation
Issue Date of PJD: June 21, 2022.
SAW-2022-01261
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
Single and complete project.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
2. Wetland Impacts
Streams -tributaries
Pond Construction
Buffers
2a. Site #* (')
2a1 Reason (9)
2b. Impact type* (')
2c. Type of W.*
2d. W. name
2e. Forested *
2f. Type of Jurisdicition*
2g. Impact
area*
W1
Fill/Grading
P
Floodplain Pool
Wetland A
Yes
Corps
0.243
(acres)

2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.243
2g. Total Wetland Impact
0.243
2i. Comments:
See Appendix 1 - Impacts Map for approximate acreage.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
While the project was designed to minimize wetland impacts as much as practical, regulatory requirements for setbacks and parking resulted in the need
for wetland impacts along western property line. Retaining wall designed along NW property line to help minimize wetland impacts. Materials will be
stored in upland areas. See Appendix 2 - Plans Set (Sheets C-101, C-102, C-103, C-104 - Erosion Control Plans, Grading Plans, and Stormwater
Management Plan).
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Silt fencing will be installed surrounding disturbed areas to minimize erosion and sedimentation impacts to wetlands and streams. E&SC plan will be
implemented and closely monitored during construction.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2c. If yes, mitigation is required by (check all that apply):
DWR Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Environmental Banc & Exchange, LLC
3b. Credits Purchased/Requested (attach receipt and letter)
Type:
Riparian wetland
3c. Comments
Quantity:
0.24
See Appendix 9 - Statement of Availability from Environmental Banc & Exchange, LLC.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
The project is located in the French Broad River Basin which is not subject to Riparian Buffer Protection Rules.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
Local Government State
Local Government Stormwater Programs
Phase II NSW USMP Water Supply

Please identify which local government stormwater program you are using.
Henderson County
Comments:
Henderson County Government - Site Development Department - STORMWATER MANAGEMENT PERMIT APPLICATION FORM submitted 1/24/23.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
Yes No
3b. If you answered "no," provide a short narrative description.
No additional development anticipated as a result of the proposed work.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
https://ipac.ecosphere.fws.gov/ - See Appendix 5 for IPAC
On April 20, 2022 environmental specialists from McGill Associates, P.A. conducted a Threatened and Endangered Species survey on the subject
property. All Threatened and Endangered Species found on the USFWS IPAC Report were surveyed for and no species occurrences were found within
the project area.
NLEB - Occupied HUC12-NC Data Polygons - See Appendix 8 for NLEB Occupied HUC Map
The polygons represent the USGS NHD 12-digit HUC polygons which contain confirmed hibernation, maternity, and winter roost sites for Northern long-
eared bat (Myotis septentrionalis). No species occurrences were found during the site inspection on 4/20/2022. According to the USGS NHD 12-Digit
HUC Data, the proposed project does not fall within an NLEB occupied habitat.
6. Essential Fish Habitat (Corps Requirement)

6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
https://www.habitat.noaa.gov/apps/efhmapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
http://gis.ncdcr.gov/hpoweb/ - See Appendix 3 for NCHPO Map
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8c. What source(s) did you use to make the floodplain determination?*
https://fris.nc.gov
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Final Appendices.pdf 27.43MB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Alex Lowdermilk
Signature
Date
2/6/2023

APPENDICES
1. Impacts Map
2. Plans Set
3. NCHPO HPOWEB Map
4. Soil Map
S. IPAC Consultation Package/NCNHP Database Search
6. Preliminary Jurisdictional Determination (PJD)
7. USACE PJD Confirmation
8. NLEB Occupied HUC Map
9. Statement of Availability from Environmental Banc & Exchange, LLC

APPENDIX 1
Impacts Map

7
a
Impact Table
Permanent 0.2434
Impact - W1 Acres
�OOQ'h�ii p .
Legend
Parcel Line
v
Permanent Impact - W1
(0.2434 Acres)
Wetland
ay
Limits
Stream
L'
z
m I S 100 0 50 100 200
Permanent
Impact GRAPHIC SCALE DIVISION VALUE = 100 FEET
DATE
FIGURE
1/5/2023
DODGE S CONVENIENCE STORE
12401M Street Lane NW
Hickory, NC21101
I�C III 828.328.2024
PROJECT #
22.00103
D& H COMPANY
IMPACTS MAP
1
PROJECT MANAGER
NC Finn License#C-0459
C
I
HENDERSON COUNTY, NORTH CAROLINA
mcgillassociates.com
RW

APPENDIX 2
Plans Set

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DEVELOPMENT DATA BLOCK
NAME AND LOCATION OF PROJECT'
DODGE'S STORE
HENDERSONVILLE ROAD
FLETCHER, NC
P ER(S3D&H COMPANY
aT 2
NAT LEATHERS
447 EAST MAIN STREET
TUPELO. MS 38804
PHONE: [phone]
CONTACT PERSOryNAT LEATHERS
D•cH COMPANY
447 EAST MAIN STREET
IPR NT) TOTAL DRAINAGE US AREA
15 AGRES5aSF)s)IP RF-DFVFACRES TI((51.16 DRAINAGE IMPERVIOUS AREA
(POST- DEVELOPMENT)TOTAL DRAINAGES PERVIOUS AREA:
.55 ACRES(POST- DEVELOPMENT)23,784 TOTAL DRAINAGE IMPERVIOUS AREA:
1.78 ACRES (77.545 SR) (TB.SN)
REOUIRED PARKING
2 SPACES PER PUMP. AO SPACES TOTAL
PARNIr SPZES D
McGILL
ASSOCIATES,
P
55BROADSTREET.A
ASHEVILLE, NORTH CAROLINA 28801
828,252.0575
SURVEY INFORMATION BY:
EAS PROFESSIONALS
PIN NUMRER'
9652673798
ZONING DISTRICT PROPOSED USE
COMMERCIAL - GAS STATION/CONVENIENCE STORE
PROPERTY SIZE: TOTAL DISTURBED AREA
EXISTING STRUCTURF(S.
PROPOSED
1-5.670 SF BUILDING
• EN PER FDA FIRM MAP 3700965200J. EFFECTIVE
OCTOBER 2, 2008. NO PORTION OF THE
SUBJECT SITE IS WITHIN THE 100-YEAR
FLOODPLAIN
• SITE IS LOCATED WITHIN FRENCH BROAD RIVER
BASIN
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CONTRACTOR.ARE TOBEVERIFIED IN THE FIELD By THE• SITE SLOPES PREDOMINATELY TOWARDS THE
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Conservation Service National Cooperative Soil Survey Page 3 of 3

APPENDIX 5
IPAC Consultation Package/NCNHP Database Search

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2023-0030602
Project Name: Dodge's Store Fletcher
January 05, 2023
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The enclosed species list
fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).
Please note that new species information can change your official species list. Under 50 CFR
402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list
should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at
regular intervals during project planning and implementation to ensure your species list is
accurate or obtain an updated species list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A biological assessment (BA) or biological evaluation (BE) should be completed for your
project. A BA is required for major construction activities (or other undertakings having similar
physical impacts) considered to be Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c))
(NEPA). For projects other than major construction activities, the Service suggests that a BE be
prepared to determine effects of the action and whether those effects may affect listed species
and/or designated critical habitat. E?ects of the action are all consequences to listed species or
critical habitat that are caused by the proposed action, including the consequences of other

01/05/2023
activities that are caused by the proposed action. A consequence is caused by the proposed action
if it is reasonably certain to occur and would not occur "but for" the proposed action..
Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and
resources about project review and preparing a BA/BE can be found at the following web link:
https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review-
process-overview.
If a Federal agency determines listed species and/or designated critical habitat may be affected
by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR
402. The Service is not required to concur with "no effect" determinations from Federal action
agencies. If consultation is required, the Service recommends that candidate species, proposed
species, proposed critical habitat, and at -risk species be addressed within the consultation. More
information on the regulations and procedures for section 7 consultation, including the role of
permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook"
at the following web link: https://www.fws.gov/media/endangered-species-consultation-
handbook.
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA)
and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -
related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds,
including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12
and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the
following web link: https://www.fws.gov/program/migratory-birds.
We appreciate your consideration of Federally listed species. The Service encourages Federal
agencies to include conservation of threatened and endangered species in their project planning
to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any
questions. In any future correspondence concerning this project, please reference the
Consultation Code which can be found in the header of this letter.
Attachment(s):
• Official Species List
• USFWS National Wildlife Refuges and Fish Hatcheries
• Migratory Birds
• Wetlands

01/05/2023
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
[phone]

01/05/2023
Project Summary
Project Code: 2023-0030602
Project Name: Dodge's Store Fletcher
Project Type: Commercial Development
Project Description: D&H Company wishes to pursue a convenience store and filling station to
be located on five (5) parcels at the northwest corner of the intersection of
US Hwy 25 (Hendersonville Road) and Woodhill Drive, with Henderson
County PINS 9652673798, 9652673975, 9652674962, 9652684005, and
9652684073, totaling 1.57 acres.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)35.4248449,-82.50349749139036,14z
Counties: Henderson County, North Carolina

01/05/2023 3
Endangered Species Act Species
There is a total of 10 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAME
STATUS
Gray Bat Myotis grisescens
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/6329
Northern Long-eared Bat Myotis septentrionalis
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9045
Tricolored Bat Perimyotis subflavus
Proposed
No critical habitat has been designated for this species.
Endangered
Species profile: https:Hecos.fws.gov/ecp/species/10515
Reptiles
NAME
STATUS
Bog Turtle Glyptemys muhlenbergii
Similarity of
Population: U.S.A. (GA, NC, SC, TN, VA)
Appearance
No critical habitat has been designated for this species.
(Threatened)
Species profile: https:Hecos.fws.gov/ecp/species/6962

01/05/2023
4
Clams
NAME
Appalachian Elktoe Alasmidonta raveneliana
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/5039
Insects
NAME
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
Flowering Plants
NAME
Bunched Arrowhead Sagittaria fasciculata
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/1720
Mountain Sweet Pitcher -plant Sarracenia rubra ssp. jonesii
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/4283
Small Whorled Pogonia Isotria medeoloides
Population:
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/1890
Swamp Pink Helonias bullata
Population:
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/4333
STATUS
Endangered
STATUS
Candidate
STATUS
Endangered
Endangered
Threatened
Threatened
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

01/05/2023
USFWS National Wildlife Refuge Lands And Fish
Hatcheries
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.

01/05/2023
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Actz.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treat. Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your
project location. To learn more about the levels of concern for birds on your list and how this
list is generated, see the FAQ below. This is not a list of every bird you may find in this location,
nor a guarantee that every bird on this list will be found in your project area. To see exact
locations of where birders and the general public have sighted birds in and around your project
area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species
on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing
the relative occurrence and abundance of bird species on your list are available. Links to
additional information about Atlantic Coast birds, and other important information about your
migratory bird list, including how to properly interpret and use your migratory bird report, can be
found below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
BREEDING
NAME SEASON
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Aug 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
Bobolink Dolichonyx oryzivorus Breeds May 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31
and Alaska.
Canada Warbler Cardellina canadensis Breeds May 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 10
and Alaska.

01/05/2023
NAME
BREEDING
SEASON
Chimney Swift Chaetura pelagica Breeds Mar 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 25
and Alaska.
Kentucky Warbler Oporornis formosus Breeds Apr 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 20
and Alaska.
Prairie Warbler Dendroica discolor Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31
and Alaska.
Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31
and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Sep 10
and Alaska.
Rusty Blackbird Euphagus carolinus Breeds
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere
(BCRs) in the continental USA
Wood Thrush Hylocichla mustelina Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31
and Alaska.
Probability Of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (■)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee

01/05/2023
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
— probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle
Non-BCC iol11111 Jill 11"
Vulnerable +111 011, an1111
Bobolink
BCC Rangewide +++1 I I I r+++ TTTT T+++ + ++++ ++++ ++++ ++++ ++++
(CON)
Canada warbler BCC Rangewide ++d I I 1++ ++ �� ++ ++++ ++++
(CON) 'TT+T +TTT
t * _aTM■ Ed —
Chimney Swift ++++ ++++ + I I � AN 1111 1"' 1111 Nil 1111 +'++ TT+ I +TTT

01/05/2023 4
BCC Rangewide
(CON)
Kentucky Warbler �� ���� ���
BCC Rangewide ++++ ++++ ++++ ++++ ++++ ,++ TTTT TIT+ ++++ ++++ ++++ ++++
(CON) Prairie Warbler
BCC Rangewide 4 I I 11 I++10 0
+dl JJJJ�+ +
(CON)
Prothonotary
Warbler ++++ ++++ ++++ + I I I I I I I 7777 ++++ ++++ ++++ ++++ ++++
BCC Rangewide -
(CON) yy y
Red-headed Woodpecker T .. �■■� ���� �
BCC Rangewide
(CON)
Rusty Blackbird ++++ ++++ ++++ ++++ ++++ +0+0 40
BCC -BCR
Wood Thrush ��++
BCC Rangewide ++++ ++++ +0++ 1* 11 I I 1-+ ++++ (CON)
Additional information can be found using the following links:
• Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library
collections/avoidinp--and-minimizinp--incidental-take-mip-ratorv-birds
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
Migratory Birds FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures or permits
may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the list of migratory birds that potentially occur in my
specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCQ and other species that may warrant special attention in your project location.

01/05/2023 5
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the Rapid Avian Information
Locator (RAIL,) Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets.
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may query your location using the RAIL Tool and look
at the range maps provided for birds in your area at the bottom of the profiles provided for each
bird in your results. If a bird on your migratory bird species list has a breeding season associated
with it, if that bird does occur in your project area, there may be nests present at some point
within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not
breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non -eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).

01/05/2023 6
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Lorin.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.

01/05/2023
Wetlands
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine
the actual extent of wetlands on site.
RIVERINE
• R5UBH

01/05/2023
IPaC User Contact Information
Agency: McGill Associates, P.A.
Name: Alex Lowdermilk
Address: 1240 19th Street Lane NW
City: Hickory
State: NC
Zip: 28601
Email [e-mail]
Phone: [phone]

Roy Cooper, Governor
■ ■■■
r ■■ ■ INC DEPARTMENT OF
■■,■i NATURAL AND CULTURAL RESOURCES
■ ■■
January 5, 2023
Alex Lowdermilk
McGill Associates PA
1240 19th Street Lane NW
Hickory, NC 28601
RE: Dodge's Store Fletcher; 22.00108
Dear Alex Lowdermilk:
❑. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
IR ►�7011:111]�Z0i1091
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached `Documented Occurrences' tables and map.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is documented within the project area or indicated within a one -mile
radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service
(USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here:
httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
Also please note that the NC Natural Heritage Program may follow this letter with additional
correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund
easement, or an occurrence of a Federally -listed species is documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES
121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. NC 27609
OFC 919.707.9120 • FAX [phone]

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APPENDIX 6
Preliminary Jurisdictional Determination (PJD)

rA Shaping Communities Together
meJ ill
June 2, 2022
David Brown
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
RE: Dodge's Store Site
Jurisdictional Determination
Fletcher, North Carolina
Dear David:
This letter is to request confirmation of a Preliminary Jurisdictional Determination on the
referenced site. The request is based on data, site observations, and a site visit on April
20, 2022. We are requesting confirmation of the jurisdictional limits of Wetlands A and
UT-1 To Cane Creek on the attached Delineation Map. Included in this letter are the
following:
• Agent Authorization Form
• PJD Request Forms
• Location Map
• USGS Topographic Map
• Delineation Map
• Photo Sheets
• Soils Map
• Stream ID Sheet
• Wetland Determination Sheets
Please include McGill Associates on the copy list of all correspondence for this project.
If you have any questions regarding this information, please contact me at 828-328-2024.
Sincerely,
MCGILL ASSOCIATES, PA
ALEX LOWDERMILK
Environmental Services Technician / Environmental Services
P:\2022\22.00108-D&H-Dodge's Store Fletcher
MCGILL ASSOCIATES 1240 19`h STREET LANE NW. HICKORY. NC 28601 / 828.328.2024 / MCGILLASSOCIATES.COM

Shaping Communities Together
AGENT AUTHORIZATION FORM
PROJECT NAME: Dodge's Store
PROPERTY LEGAL DESCRIPTION: DB:001464, 000675, 000993, 000703, 000615 PG:00521 00059, 00352, 00029,
00457
PARCEL ID. 9652673798, 9652673975, 9652674962, 9652684005, 9652684073
STREET ADDRESS: 4175 Hendersonville Road Fletcher, North Carolina 28732
Please Print
Representative: D & H Company
(If Representative) Title: Nat Leathers (Senior Vice President)
The undersigned do hereby authorize:
Alex Lowdermilk of McGill Associates P.A.
(Contractor / Agent) (Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification
and any and all standard and special conditions attached.
Representative's Address (if different than property above):
447 East Main Street
Tupelo, M sissiupi 38804
Telephone: [phone]

We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge.
Authorized Signature
Date: � ` 9/` Z—
MCGILL ASSOCIATES 1240 19 Street Lane NW, Hickory, NC 28601 / 828.328.2024 / MCGILLASSOCIATES.COM

urisdictional Determination Reauest
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
via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project
manager of the county in which the property is located. A current list of project managers by
assigned counties can be found on-line at:
http://www.saw.usace.aimy.mil/Missions/Re ul�atoiyPermitProi4ram/Contact/CountyLocator.aspx,
by calling 910-251-4633, or by contacting any of the field offices listed below. Once your
request is received you will be contacted by a Corps project manager.
ASHEVILLE & CHARLOTTE REGULATORY
FIELD OFFICES
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
General Number: [phone]
Fax Number: [phone]
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
General Number: [phone]
Fax Number: [phone]
INSTRUCTIONS:
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
General Number: [phone]
Fax Number: [phone]
WILMINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
General Number: 910-251-4633
Fax Number: [phone]
All requestors must complete Parts A, B, C, D, E, F and G.
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 H.
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(s) or the owner(s)
authorized agent 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: May 2017 Page 1

Jurisdictional Determination Request
A. PARCEL INFORMATION
Street Address: 4175 Hendersonville Road
City, State:
Fletcher, North Carolina 28732
County: Henderson
Parcel Index Number(s) (PIN): 9652673798, 9652673975, 9652674962, 9652684005, 9652684073
B. REQUESTOR INFORMATION
Name: Alex Lowdermilk
Mailing Address: 1240 19th Street Lane NW
Hickory, NC 28601
Telephone Number: 828-328-2024
Electronic Mail Address: [e-mail]
Select one:
❑ I am the current property owner.
❑ I am an Authorized Agent or Environmental Consultanti
❑ Interested Buyer or Under Contract to Purchase
❑ Other, please explain.
C. PROPERTY OWNER INFORMATION
Name: D & H Company - Nat Leathers (Senior Vice President)
Mailing Address: 447 East Main Street
Tupelo, Mississippi 38804
Telephone Number: 662-346-6114
Electronic Mail Address: [e-mail]
1 Must provide completed Agent Authorization Form/Letter.
2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record).
Version: May 2017 Page 2

Jurisdictional Determination Request
D. PROPERTY ACCESS CERTIFICATION',4
By signing below, I 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, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duly authorized agent of the owner of record of the property.
Alex Lowdermilk
Print Name
Capacity: ❑ Owner ❑✓ Authorized Agents
5/26/2022
Date
Signature
E. REASON FOR JD REQUEST: (Check as many as applicable)
❑ I intend to construct/develop a projector perform activities on this parcel which would be
designed to avoid all aquatic resources.
❑ I intend to construct/develop a projector perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources under Corps authority.
❑✓ I intend to construct/develop a projector perform activities on this parcel which may
require authorization from the Corps, and the JD would be used to avoid and minimize
impacts to jurisdictional aquatic resources and as an initial step in a future permitting
process.
❑ I intend to construct/develop a projector perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
❑ I intend to construct/develop a project or perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
❑ A Corps JD is required in order obtain my local/state authorization.
❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
❑ I believe that the site may be comprised entirely of dry land.
❑ Other:
' For NCDOT requests following the current NCDOT/USAGE protocols, skip to Part E.
a If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
s Must provide agent authorization form/letter signed by owner(s).
Version: May 2017 Page 3

Jurisdictional Determination Request
F. JURISDICTIONAL DETERNIINATION (JD) TYPE (Select One)
7 I am requesting that the Corps provide a preliminM JD for the property identified herein.
A Preliminary Jurisdictional Determination (PJD) provides an indication that there may
be "waters of the United States" or "navigable waters of the United States"on a property.
PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all
waters and wetlands on the property will be treated as if they are jurisdictional "waters of
the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is
"preliminary" in the sense that an approved JD can be requested at any time. PJDs do
not expire.
❑ I am requesting that the Corps provide an approved JD for the property identified herein.
An Approved Jurisdictional Determination (AJD) is a determination that
jurisdictional "waters of the United States" or "navigable waters of the United
States" are either present or absent on a site. An approved JD identifies the limits of
waters on a site determined to be jurisdictional under the Clean Water Act and/or
Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit
decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be
posted on the Corps website. A landowner, permit applicant, or other "affected
party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years
(subject to certain limited exceptions explained in Regulatory Guidance Letter 05-
02).
❑ I am unclear as to which JD I would like to request and require additional information
to inform my decision.
G. ALL REQUESTS
Map of Property or Project Area. This Map must clearly depict the boundaries of the
review area.
✓❑ Size of Property or Review Area 1 •57 acres.
❑ The property boundary (or review area boundary) is clearly physically marked on the site.
Version: May 2017 Page 4

Jurisdictional Determination Request
H. REQUESTS FROM CONSULTANTS
Project Coordinates (Decimal Degrees): Latitude:
35.424859
Longitude:-82.503408
A legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than I Ix17 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved).6
■ North Arrow
■ Graphical Scale
■ Boundary of Review Area
■ Date
■ Location of data points for each Wetland Determination Data Form or tributary
assessment reach.
For Approved Jurisdictional Determinations:
■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404
wetlands, etc. Please include the acreage of these features.
■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries,
impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary,
open water, relatively permanent water, pond, etc. Please include the acreage or linear
length of each of these features as appropriate.
■ Isolated waters, waters that lack a significant nexus to navigable waters, or non -
jurisdictional upland features should be identified as Non -Jurisdictional. Please
include a justification in the label regarding why the feature is non jurisdictional (i.e.
"Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage
or linear length of these features as appropriate.
For Preliminary Jurisdictional Determinations:
Wetland and non -wetland features should not be identified as Jurisdictional, 404,
Waters of the United States, or anything that implies jurisdiction. These features can be
identified as Potential Waters of the United States, Potential Non -wetland Waters of
the United States, wetland, stream, open water, etc. Please include the acreage and
linear length of these features as appropriate.
Completed Wetland Determination Data Forms for appropriate region
(at least one wetland and one upland form needs to be completed for each wetland type)
6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the
supplied map meets the necessary mapping standards. hM2://www.saw.usace.4rmy.mil/Missions/Regulatoly-Permit-
Pro gram/Jurisdiction/
Version: May 2017 Page 5

Jurisdictional Determination Request
F4Completed appropriate Jurisdictional Determination form
• PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the
Aquatic Resource Table
• AJDS• please complete an Approved Jurisdictional Determination Form'.
Vicinity Map
Aerial Photograph
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)
0 Landscape Photos (if taken)
14 NCSAM and/or NCWAM Assessment Forms and Rating Sheets
NC Division of Water Resources Stream Identification Forms
hJ Other Assessment Forms
' www.saw.usace.4rmy.mil/Portals/59/docs/regulatory/readocs/JD/RGL 08-02_App A Prelim _JD_Form fillable.pdf
8 Please see hM2://www.saw.usace.4M.mil/Missions/Regulatory-Permit-Program/Jurisdiction/
Principal Purpose: The information that you provide will be used in evaluating your request to determine
whether there are any aquatic resources within the project area subject to federaljurisdiction under the regulatory
authorities referenced above.
Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local
government agencies, and the public, and may be made available as part of a public notice as required by federal
law. Your name and property location where federal jurisdiction is to be determined will be included in the
approved jurisdictional determination (AJD), which will be made available to the public on the District's website
and on the Headquarters USAGE website.
Disclosure: Submission of requested information is voluntary; however, if information is not provided, the
request for an AJD cannot be evaluated nor can an AJD be issued.
Version: May 2017 Page 6

Preliminary ORM Data Entry Fields for New Actions
ACTION ID 4: SAW -
Prepare file folder ❑
1. Project Name [PCN Form A2a]: Dodge's Store
Begin Date (Date Received):
Assign Action ID Number in ORM ❑
2. Work Type: ❑Private ❑Institutional ❑Government ❑Commercial
3. Project Description / Purpose [PCN Form 133d and 133e]:
D&H Company wishes to pursue a convenience store and filling station to be located on five (5) parcels at the northwest corner of the intersection of US Hwy 25
(Hendersonville Road) and Woodhill Drive, with Henderson County PINS 9652673798, 9652673975, 9652674962, 9652684005, and 9652684073, totaling 1.57 acres.
4. Property Owner / Applicant [PCN Form A3 or A4]: D & H Company
5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]:
Alex Lowdermilk, McGill Associates, P.A.
6. Related Action ID Number(s) [PCN Form 135b]:
7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Blb]:
35.424859,-82.503408, 4175 Hendersonville Road, Fletcher, North Carolina 28732
8. Project Location —Tax Parcel ID [PCN Form B l a] . 9652673798, 9652673975, 9652674962, 9652684005, 9652684073
9. Project Location — County [PCN Form A2b]: Henderson
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Fletcher, North Carolina
11. Project Information — Nearest Waterbody [PCN Form 132a]: UT-1 To Cane Creek
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 06010105
Authorization: Section 10 ❑ Section 404 ✓❑
Regulatory Action Type:
❑ Standard Permit
✓ Nationwide Permit 4
Regional General Permit 9
Jurisdictional Determination Request
Section 10 and 404 ❑
❑Pre -Application Request
❑ Unauthorized Activity
❑ Compliance
❑ No Permit Required
Revised 20150602

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 6/2/2022
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Alex Lowdermilk, McGill Associates P.A., 124019th Street Lane NW Hickory,NC28601
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Henderson city: Fletcher
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.424859 Long.:-82.503408
Universal Transverse Mercator:
Name of nearest waterbody: UT-1 To Cane Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
■❑ Office (Desk) Determination. Date: 5/26/2022
■❑ Field Determination. Date(s): 4/20/2022
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Geographic authority
to which the aquatic
resource "may be"
subject (i.e., Section
404 or Section 10/404)
Wetland A
35.312977
-81.613021
0.2434 Acres
Wetland Waters
404
Cane Creek)
35.425368
-82.503543
0.059 Acres
Non -Wetland Waters
404

1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in
the review area, and the requestor of this PJD is hereby advised of his or her option
to request and obtain an approved JD (AJD) for that review area based on an
informed decision after having discussed the various types of JDs and their
characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or 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 should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
■❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:Location, Soil, USGS, Delineation
❑ Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
■❑ U.S. Geological Survey map(s). Cite scale & quad name: Skyland, NC 1=500'
0 Natural Resources Conservation Service Soil Survey. Citation:
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
■❑ Photographs: ■❑ Aerial (Name & Date): 1/1/2019
or ■❑ Other (Name & Date): 4/20/2022
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later jurisdictional
determinations.
Signature and date of
Regulatory staff member
completing PJD
,cQ,Le 6/2/2022
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
1 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.

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PROJECT #
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Soil Map —Henderson County, North Carolina
Parcel Lines
Map Unit Legend
Map Unit Symbol
Map Unit Name
Acres in AOI
Percent of AOI
Ko
Kinkora loam
1.6
100.0%
Totals for Area of Interest
1.6
100.0%
USDA Natural Resources Web Soil Survey 5/26/2022
Conservation Service National Cooperative Soil Survey Page 3 of 3

w
0
0
A
w
0
0
0
0
��n
FC
.
�
yy
Y.
e
G
�•P
` Z
cs
y
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Photo One: View looking upstream at S1
Photo Two: View looking
downstream at S1
adjacent to the subject property.
adjacent to the subject
property.
(.f
1
•JYiii � • ,�
.,ice"
a1
u
Photo Three: View looking west at the
Photo Four: View looking west at the
northern portion of Wetland A on the subject
southeastern portion of Wetland A on the subject
property.
property.
41%
DATE
sizsizozz
DODGE'S STORE
SHEET
124019th Street Lane NW
Hickory,28601
828.328.202024
D & H COMPANY
PHOTOSHEET
1
ZZ'00�0$
PROJECT #Cg
' NC Finn License#C-0459
mcgillassociates.com
PROJECT MANAGER
RW
1
HENDERSON COUNTY, NORTH CAROLINA

w
0
0
A
w
0
0
0
0
P —
Y
Photo Six: View looking north at Wetland A
Photo Five: View looking at hydric soils found
in Wetland A on the subject property.
and Fresh Local Produce Building in the
background on the subject property.
a �
`c
N{,'( ✓{N d{4'
p `
S a yl,
p
j
N � fig.
� a- .
4 a � i� w'r e• ty
Photo Eight: View looking west at Wetland A
Photo Seven: View looking at upland soils in
Wetland Out on the subject property.
from near the western subject property line.
DATE
sizsizozz
DODGE'S STORE
SHEET
124019th Street Lane NW
Hickory,28601
828.328.202024
' NC Finn License#C-0459
D & H COMPANY
PHOTOSHEET
//� L
ZZ'00�0$
PROJECT #Cg
PROJECT MANAGER
HENDERSON COUNTY, NORTH CAROLINA
mcgillassociates.com
RW

Date:
Project/Site
Latitude
4/20/2022
Dodge's Store
35.425368
Evaluator:
County:
Longitude:
Alex Lowdermilk
Henderson
-82.503543
Stream Determination
Other
Total Points: 36.00
PERENNIAL
S1 - UT-1 To Cane Creek
A. Geomorphology Subtotal = 20.00
Absent
Weak
Moderate
Strong
1. Continuity of bed and bank
-----
-----
-----
3
2. Sinuosity of Channel Along Thalweg
-----
-----
2
-----
3. In -channel structure: ex. Riffle -pool, step -pool,
ripple -pool sequence
4. Particle size of stream substrate
-----
1.5
-----
-----
5. Active/relic floodplain
-----
-----
2
6. Depositional bars or benches
-----
-----
2
-----
7. Recent alluvial deposits
-----
-----
2
-----
8. Headcuts
-----
1
-----
9. Grade Control
-----
0.5
-----
-----
10. Natural Valley
-----
-----
1
11. Second or greater order channel
No= -----
Yes= 3
B. Hydrology Subtotal= 10.00
12. Presence of Baseflow
-----
-----
-----
3
13. Iron oxidizing bacteria
-----
1
-----
-----
14. Leaf litter
-----
-----
0.5
-----
15. Sediment on plants or debris
-----
-----
-----
1.5
16. Organic debris lines or piles
1
-----
17. Soil -based evidence of high water table?
No= -----
Yes= 3
C. Biology Subtotal= 6.00
18. Fiborous roots in streambed
-----
-----
1
-----
19. Rooted upland plants in streambed
3
-----
-----
-----
20. IVlacrobenthos (note diversity and abundance)
-----
1
-----
-----
21. Aquatic mollusks
0
-----
-----
-----
2 2. Fish
-----
0.5
-----
-----
23. Crayfish
0
-----
-----
-----
24. Amphibians
-----
0.5
-----
-----
25. Algae
0
-----
-----
-----
26. Wetland plants in streambed
I FACW=
-----
OBL=
----
Other=
0
*perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Note: Sheet sourced from NCDWQStream ID Form

U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT:
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a)
Project/Site: Dodge's Store City/County: Henderson Sampling Date: 4/20/2022
Applicant/Owner: D & H Company State: NC Sampling Point: WA -IN
Investigator(s): Alex Lowdermilk Section, Township, Range:
Landform (hillside, terrace, etc.): Local relief (concave, convex, none): Concave Slope (%): 0-1 %
Subregion (LRR or MLRA): LRR N, MLRA 130B Lat: 35.425130 Long:-82.503814 Datum: WGS84
Soil Map Unit Name: Kinkora loam NWI classification:
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X 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 X No Is the Sampled Area
Hydric Soil Present? Yes X No within a Wetland? Yes X No
Wetland Hydrology Present? Yes X 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)
X Surface Water (Al) _True
Aquatic Plants (1314)
X Sparsely Vegetated Concave Surface (138)
X High Water Table (A2) —Hydrogen
Sulfide Odor (Cl)
—Drainage Patterns (1310)
X Saturation (A3) _Oxidized
Rhizospheres on Living Roots (C3)
X Moss Trim Lines (1316)
X Water Marks (131) _Presence
of Reduced Iron (C4)
_Dry -Season Water Table (C2)
_Sediment Deposits (132) _Recent
Iron Reduction in Tilled Soils (C6)
_Crayfish Burrows (C8)
_Drift Deposits (133) _Thin
Muck Surface (C7)
_Saturation Visible on Aerial Imagery (C9)
X Algal Mat or Crust (134) _Other
(Explain in Remarks)
_Stunted or Stressed Plants (D1)
_Iron Deposits (135)
_Geomorphic Position (D2)
—Inundation Visible on Aerial Imagery (137)
_Shallow Aquitard (D3)
X Water -Stained Leaves (139)
_ Microtopographic Relief (D4)
Aquatic Fauna (1313)
FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes X No
Depth (inches): 3
Water Table Present? Yes X No
Depth (inches): 0
Saturation Present? Yes X No
Depth (inches): 0
Wetland
Hydrology Present? Yes X No
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: WA -IN
Absolute
Dominant
Indicator
Tree Stratum (Plot size: 30 )
% Cover
Species?
Status
Dominance Test worksheet:
1.
Acernegundo
70
Yes
FAC
Number of Dominant Species
2.
Acerrubrum
10
No
FAC
That Are OBL, FACW, or FAC: 4 (A)
3.
Platanus occidentalis
10
No
FACW
Total Number of Dominant
4.
Species Across All Strata: 6 (B)
5.
Percent of Dominant Species
6.
That Are OBL, FACW, or FAC: 66.7% (A/B)
7.
Prevalence Index worksheet:
90
=Total Cover
Total % Cover of: Multiply by:
50% of total cover:
45
20% of total cover:
18
OBL species 0 x 1 = 0
Sapling/Shrub Stratum (Plot size: 15
)
FACW species 50 x 2 = 100
1.
Ligustrum sinense
40
Yes
FACU
FAC species 95 x 3 = 285
2.
Smilax rotundifolia
5
No
FAC
FACU species 40 x 4 = 160
3.
UPL species 40 x 5 = 200
4.
Column Totals: 225 (A) 745 (B)
5.
Prevalence Index = B/A = 3.31
6.
Hydrophytic Vegetation Indicators:
7.
_ 1 - Rapid Test for Hydrophytic Vegetation
8.
X 2 - Dominance Test is >50%
9.
3 - Prevalence Index is :53.0'
45
=Total Cover
4 - Morphological Adaptations' (Provide supporting
50% of total cover:
23
20% of total cover:
9
data in Remarks or on a separate sheet)
Herb Stratum (Plot size: 5 )
-Problematic Hydrophytic Vegetation' (Explain)
1.
Juncus effusus
15
Yes
FACW
'Indicators of hydric soil and wetland hydrology must be
2.
Sedge Spp.
15
Yes
FACW
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
3. Vinca minor 40 Yes UPL
4.
Packera aurea
10
No
FACW
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
5.
more in diameter at breast height (DBH), regardless of
6
height.
7.
Sapling/Shrub - Woody plants, excluding vines, less
8.
than 3 in. DBH and greater than or equal to 3.28 ft
9
(1 m) tall.
10.
Herb - All herbaceous (non -woody) plants, regardless
11.
of size, and woody plants less than 3.28 ft tall.
80
=Total Cover
Woody Vine - All woody vines greater than 3.28 ft in
50% of total cover:
40
20% of total cover:
16
height.
Woody Vine Stratum (Plot size: 5 )
1.
Toxicodendron radicans
10
Yes
FAC
2.
3.
4.
5
Hydrophytic
10
=Total Cover
Vegetation
50% of total cover:
5
20% of total cover:
2
Present? Yes X No
Remarks: (Include photo numbers here or on a separate sheet.)
A large population of common periwinkle within Wetland A appears to crowd out other competing
species.
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont -Version 2.0

SOIL Sampling Point: WA -IN
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' Loc2 Texture Remarks
0-2
10YR 3/1
100
Loamy/Clayey
2-5
10YR 4/3
100
Loamy/Clayey
5-12
10YR 6/2
90
5YR 5/6 10 Loamy/Clayey
'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains
Hydric Soil Indicators:
_ Histosol (Al)
_ Histic Epipedon (A2)
—Black Histic (A3)
—Hydrogen Sulfide (A4)
_Stratified Layers (A5)
2 cm Muck (A10) (LRR N)
_Depleted Below Dark Surface (A11)
_Thick Dark Surface (Al2)
_Sandy Mucky Mineral (S1)
_Sandy Gleyed Matrix (S4)
_Sandy Redox (S5)
_Stripped Matrix (S6)
Dark Surface (S7)
Restrictive Layer (if observed):
Type:
Depth (inches):
Remarks:
_ Polyvalue Below Surface (S8) (MLRA 147, 148)
_Thin Dark Surface (S9) (MLRA 147, 148)
_Loamy Mucky Mineral (F1) (MLRA 136)
—Loamy Gleyed Matrix (F2)
X Depleted Matrix (F3)
_ Redox Dark Surface (F6)
—Depleted Dark Surface (F7)
_ Redox Depressions (F8)
_Iron -Manganese Masses (F12) (LRR N,
MLRA 136)
_ Umbric Surface (F13) (MLRA 122, 136)
_ Piedmont Floodplain Soils (F19) (MLRA 148)
Red Parent Material (F21) (MLRA 127, 147, 148)
2Location: PL=Pore Lining, M=Matrix
Indicators for Problematic Hydric Soils3:
_2 cm Muck (A10) (MLRA 147)
_Coast Prairie Redox (A16)
(MLRA 147, 148)
_Piedmont Floodplain Soils (F19)
(MLRA 136, 147)
—Red Parent Material (F21)
(outside MLRA 127, 147, 148)
_Very Shallow Dark Surface (F22)
Other (Explain in Remarks)
3Indicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Hydric Soil Present? Yes X No
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0

U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT:
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a)
Project/Site: Dodge's Store City/County: Henderson Sampling Date: 4/20/2022
Applicant/Owner: D & H Company State: NC Sampling Point: WA -OUT
Investigator(s): Alex Lowdermilk Section, Township, Range:
Landform (hillside, terrace, etc.): Local relief (concave, convex, none): Slope (%): 0-1 %
Subregion (LRR or MLRA): LRR N, MLRA 130B Lat: 35.424821 Long:-82.503676 Datum: WGS84
Soil Map Unit Name: Kinkora loam NWI classification:
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X 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 X No Is the Sampled Area
Hydric Soil Present? Yes No X within a Wetland? Yes No X
Wetland Hydrology Present? Yes No X
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) _True
Aquatic Plants (1314)
_Sparsely Vegetated Concave Surface (138)
—High Water Table (A2) —Hydrogen
Sulfide Odor (Cl)
—Drainage Patterns (1310)
_Saturation (A3) _Oxidized
Rhizospheres on Living Roots (C3)
_Moss Trim Lines (1316)
—Water Marks (131) —Presence
of Reduced Iron (C4)
_ Dry -Season Water Table (C2)
_Sediment Deposits (132) _Recent
Iron Reduction in Tilled Soils (C6)
_Crayfish Burrows (C8)
_Drift Deposits (133) _Thin
Muck Surface (C7)
_Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134) _Other
(Explain in Remarks)
_Stunted or Stressed Plants (D1)
_Iron Deposits (135)
_Geomorphic Position (D2)
—Inundation Visible on Aerial Imagery (137)
_Shallow Aquitard (D3)
—Water-Stained Leaves (139)
_ Microtopographic Relief (D4)
Aquatic Fauna (1313)
FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No
X Depth (inches):
Water Table Present? Yes No
X Depth (inches):
Saturation Present? Yes No
X Depth (inches):
Wetland
Hydrology Present? Yes No X
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: WA -OUT
Absolute
Dominant
Indicator
Tree Stratum (Plot size: 30 )
% Cover
Species?
Status
Dominance Test worksheet:
1.
Acernegundo
60
Yes
FAC
Number of Dominant Species
2.
That Are OBL, FACW, or FAC: 3 (A)
3.
Total Number of Dominant
4.
Species Across All Strata: 5 (B)
5.
Percent of Dominant Species
6.
That Are OBL, FACW, or FAC: 60.0% (A/B)
7.
Prevalence Index worksheet:
60
=Total Cover
Total % Cover of: Multiply by:
50% of total cover:
30 20% of total cover:
12
OBL species 0 x 1 = 0
Sapling/Shrub Stratum (Plot size: 15
)
FACW species 0 x 2 = 0
1.
Ligustrum sinense
20
Yes
FACU
FAC species 115 x 3 = 345
2.
Smilax rotundifolia
5
Yes
FAC
FACU species 30 x 4 = 120
3.
UPL species 25 x 5 = 125
4.
Column Totals: 170 (A) 590 (B)
5.
Prevalence Index = B/A = 3.47
6.
Hydrophytic Vegetation Indicators:
7.
_ 1 - Rapid Test for Hydrophytic Vegetation
8.
X 2 - Dominance Test is >50%
9.
3 - Prevalence Index is :53.0'
25
=Total Cover
4 - Morphological Adaptations' (Provide supporting
50% of total cover:
13 20% of total cover:
5
data in Remarks or on a separate sheet)
Herb Stratum (Plot size: 5 )
-Problematic Hydrophytic Vegetation' (Explain)
1.
Poa pratensis
10
No
FACU
'Indicators of hydric soil and wetland hydrology must be
2.
Viola sororia
15
No
FAC
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
3. Vinca minor 25 Yes UPL
4.
Allium - Wild Onion
5
No
FAC
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
5.
Festuca spp.
30
Yes
FAC
more in diameter at breast height (DBH), regardless of
6
height.
7.
Sapling/Shrub - Woody plants, excluding vines, less
8.
than 3 in. DBH and greater than or equal to 3.28 ft
9
(1 m) tall.
10.
Herb - All herbaceous (non -woody) plants, regardless
11.
of size, and woody plants less than 3.28 ft tall.
85
=Total Cover
Woody Vine - All woody vines greater than 3.28 ft in
50% of total cover:
43 20% of total cover:
17
height.
Woody Vine Stratum (Plot size: 5 )
1.
2.
3.
4.
5
Hydrophytic
=Total Cover
Vegetation
50% of total cover:
20% of total cover:
Present? Yes X No
Remarks: (Include photo numbers here or on a separate sheet.)
See
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont -Version 2.0

SOIL Sampling Point: WA -OUT
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' Loc2 Texture Remarks
0-12 10YR 4/3 100 Loamy/Clayey
'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains
Hydric Soil Indicators:
_ Histosol (Al)
_ Histic Epipedon (A2)
—Black Histic (A3)
—Hydrogen Sulfide (A4)
_Stratified Layers (A5)
2 cm Muck (A10) (LRR N)
_Depleted Below Dark Surface (A11)
_Thick Dark Surface (Al2)
_Sandy Mucky Mineral (S1)
_Sandy Gleyed Matrix (S4)
_Sandy Redox (S5)
_Stripped Matrix (S6)
Dark Surface (S7)
Restrictive Layer (if observed):
Type:
Depth (inches):
Remarks:
_ Polyvalue Below Surface (S8) (MLRA 147, 148)
_Thin Dark Surface (S9) (MLRA 147, 148)
_Loamy Mucky Mineral (F1) (MLRA 136)
—Loamy Gleyed Matrix (F2)
—Depleted Matrix (F3)
_ Redox Dark Surface (F6)
—Depleted Dark Surface (F7)
_ Redox Depressions (F8)
_Iron -Manganese Masses (F12) (LRR N,
MLRA 136)
_ Umbric Surface (F13) (MLRA 122, 136)
_ Piedmont Floodplain Soils (F19) (MLRA 148)
Red Parent Material (F21) (MLRA 127, 147, 148)
2Location: PL=Pore Lining, M=Matrix
Indicators for Problematic Hydric Soils3:
_2 cm Muck (A10) (MLRA 147)
_Coast Prairie Redox (A16)
(MLRA 147, 148)
_Piedmont Floodplain Soils (F19)
(MLRA 136, 147)
—Red Parent Material (F21)
(outside MLRA 127, 147, 148)
_Very Shallow Dark Surface (F22)
Other (Explain in Remarks)
3Indicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Hydric Soil Present? Yes No X
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0

APPENDIX 7
USACE PJD Confirmation

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: SAW-2022-01261 County: Henderson U.S.G.S. Quad: Skyland
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant: D&H Company / Attn.: Nat Leathers
Address: 447 East Main Street
Topelo, MS 38804
Telephone Number: 662-346-6114
Email: [e-mail]
Size (acres): 1.57 Nearest Town: Fletcher
Nearest Waterway: UT Cane Creels Coordinates: 35.42485,-82.50340
River Basin/HUC: Upper French Broad (06010105)
Location description: The site is located on a tract of land (PINs 9652-67-3798, 9652-67-3975, 9652-67-4962, 9652-
68-4073, and 9652-68-4005) at 4153 and 4175 Hendersonville Road in Fletcher, Henderson County, North
Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
X There are waters, including wetlands, on the above described 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. 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 CFRPart 330. However, you may request an approved JD,
which is an appealable action, by contacting the Corps district for further instruction.
There are wetlands on the above described 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 property 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 overall 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 of the U.S. on your 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 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 of the U.S., including wetlands, on the above described project area 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 of the U.S, on your 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 of the U.S., including wetlands, on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be

reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of 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 of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the
plat signed by the Corps Regulatory Official identified below on . 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 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 David Brown at
828-271-7980, ext. 4232 or [e-mail].
C. Basis for Determination:
See attached preliminary jurisdictional determination form.
D. Remariis:
The potential waters of the U.S. at this site were verified by the Corps and are as approximately depicted on the attached
Delineation Map, Figure 3, submitted by McGill Associates. Stream S1 is an unnamed tributary of Cane Creek and
adjoins/abuts the property to the west.
E. Attention USDA Program Participants
The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries
and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in
this request. This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of
the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation
in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service
center, prior to starting work.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section 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 shcet 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
OR
[e-mail]
2

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, N/A (preliminary jurisdictional
determination).
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: L
David Brown
Issue Date of 7D: June 21, 2022 Expiration Date: NIA preliminary jurisdictional determination
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 our Customer Satisfaction Survey, located online at httos:Hreeulatory.ops.usace.army.mil/customer-
service-survey/
Copy Furnished (by email):
McGill Associates, Alex Lowdermilk, [e-mail]

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: D&H Company / Attn.: Nat Leathers Fite Number: SAW-2022-01261 Date: June 21, 2022
Attached is:
See Section below
F11
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
F11
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
❑
PERMIT DENIAL
C
F-11
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 http://_www.usace.army.mil/Missions/CiviIWorks/Regulatory Pro gram andPernits. aspx or 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 11 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 division 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.

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.
If you only have questions regarding the appeal process you may also
If you have questions regarding this decision and/or the
appeal process you may contact:
contact:
District Engineer, Wilmington Regulatory Division,
Mr, Philip Shannin, Administrative Appeal Review Officer
Attn: David Brown
CESAD-PDO
69 Darlington Avenue
U.S. Army Corps of Engineers, South Atlantic Division
Wilmington, North Carolina 28403
60 Forsyth Street, Room 1OM15
Atlanta, Georgia 30303-8801
828-271-7980, ext. 4232
david,[e-mail].
Phone: [phone]
Email: [e-mail]
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 opportunity to participate in all site investigations,
ate;
Telephone number:
Signature of appellant or agent.
L
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn; David Brown, 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 10M1.5, Atlanta, Georgia 30303-8801
Phone: [phone]

PRE,LIMINARYJURISDICTIONAL DETERMINATION (JD) FORM
U.S. Army Corps of Engineers
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JD: June 21, 2022
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
D&H Company / Ann.: Nat Leathers
447 East Main Street
Topelo, MS 38804
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
CESAW-RG-A, SAW-2022-01261, Dodge's Store Site Fletcher
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
The site is located on a tract of land (PINS 9652-67-3798, 9652-67-3975, 9652-67-4962, 9652-68-4073, and 9652-
68-4005) at 4153 and 4175 Hendersonville Road in Fletcher, Henderson County, North Carolina.
State: NC County/parish/borough: Henderson City: Fletcher
Center coordinates of site (tat/long in degree decimal format): 35.42485,-82.50340
Universal Transverse Mercator: NIA
Name of nearest waterb o dy: UT Cane Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date: June 21, 2022
FieIdDetermination. Date(s):
Use the table below to document aquatic resources and/or aquatic resources at different sites
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION
Centered Coordinates
Estimated Amount of
Geographic
Site Number
(decimal degrees)
Aquatic Resource in
Type of Aquatic
Authority to Which
Review Area
Resources
Aquatic Resource
Latitude Longitude
(linear feet or acre)
"May Be" Subject
WA -Wetland A
35.42491
-82.50364
0.2434 ac
Wetland
Section 404
S1 (UT Can
Creek)
35.42536
-82.50354
0.059 ac (435 If)
Non -wetland Waters
Section 404
1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review
area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an
approved JD (AJD) for that review area based on an informed decision after having discussed the
various types of JDs and their characteristics and circumstances when they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General
Permit (NWT) 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 orjudicial 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 ofjurisdictional 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 preliminary JD (check all that apply) - Checked items should be included in subject file.
Appropriately reference sources below where indicated for all checked items:
Maps, plans, plots or plat submitted by or on behalf of preliminary JD requester: McGill Associates
m Data sheets prepared/submitted by or on behalf of preliminary JD requester, McGill Associates
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rational:
Data sheets prepared by the Corps:
Corps navigable waters' study:
U.S. Geological Survey (USGS) Hydrologic Atlas:
❑ USGS MID data.
❑ USGS 8 and 12 digit HUC maps.
USGS map(s). Cite scale & quad name: Skyland
Natural Resources Conservation Service (NRCS) Soil Survey.
Citation: Henderson County, NC
National wetlands inventory (N WI) map(s). Cite name:
State/Local wetland inventory map(s):
Federal Emergency Management Agency (FEMA) / Flood insurance Rate Map (FIRM) maps: Map No. 3700965200J,
effective date Oct. 1, 2008
100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: ® Aerial (Name & Date): Google Earth Pro — Oct. 2021, Apr. 2019, Oct. 2015, Nov. 2011, Oct. 2010,
Apr. 2007, Apr. 2002, Mar. 1998, and Mar. 1994
® Other (Name & Date): SAW Regulatory Viewers — USGS Hydrography Dataset and LIDAR DEM, Hillshade
and Slope
Previous determination(s). File no. and date of response letter:
Applicable/supporting scientific literature:
Other information (please specify): The site contains wetlands as determined by the 1987 Corps of Engineers Wetland
Delineation Manual and the Regional Supplement to the Corps of Engineers Wetlands Delineation Manual. Eastern
Mountain and Piedmont Region (Version 2.0).
The stream adjoining/abutting the property to the west is UT Cane Creek. It exhibit physical ordinary high water
mark (OHWM) indicators including, break in slope; developed bed and bank; changes in sediment texture and soil

character; natural line impressed on the bank; shelving; absence of vegetation; leaf litter washed away; sediment
deposition and sorting; water staining; presence of debris; and scour. Presence of fish and other aquatic life was
observed. The stream is depicted as solid blue lines on the USGS 7.5 minute quadrangle map Skyland and the most
current Natural Resource Conservation Service Soil Survey for Henderson County, The UT Cane Creek flows into
Cane Creek, which flows into the French Broad River, a traditional navigable water.
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and
should not be relied upon for later jurisdictional determinations.
David Brown, June 21, 2022 In File with submitted JD Request
Signature and date of Regulatory McGill Associates
staff member completing (signed and dated request preliminary JD per agent
preliminary JD authorization)
Please sign this Preliminary JD Form. Keep a signed copy for your record and return a signed form to the Asheville
Regulatory Field Office by mail or e-mail.
US Army Corps of Engineers -Wilmington District
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC28801-5006
1 Districts may establish timetrames for requester to return signed PJD forms, If the requester does not respond within the established time
frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.

Stream and Wetland
Table
S1 (UT-1 To 0.059
Cane Creek) Acres
0.2434 '•� � -
Wetland A Potential Non -Wetland
Acres r ` ` � °� s x Waters of the US - S1 IF
A � = (UT-1 To Cane Creek)
Potential Wetland Waters
>P ,•` A of the US -\Wetland A
W OUT s $ t •'r , a
Potential Non -Wetland ' ''q • i 1
Waters of the US - Si a
(UT-1 To Cane Creek) ., j r
X .
rr
ME
{ 4 JURISDICTIONAL STREAMS AND WETLANDS IDENTIFIED
a ON THIS MAP HAVE BEEN LOCATED WITHIN
o SUB —METER ACCURACY UTILIZING AN ARROW 100
p GLOBAL POSITIONING SYSTEM (GPS) AND THE
a SUBSEQUENT DIFFERENTIAL CORRECTION OF THAT
- w DATA. GPS POINTS MAY DEMONSTRATE
N- 0Odhl��ar!ye �--^� VEGEUNCTATIVELIF ERRORS COVER. AND/ORE MUOGLTIPATHSGNAL
�i ERROR.
m
NOTE: THE ILLUSTRATED STREAM AND WETLAND
LOCATIONS ARE APPROXIMATE. THESE AREAS HAVE
NOT BEEN FLAGGED IN THE FIELD AND HAVE NOT
BEEN SURVEYED. ALTHOUGH MCGILL ASSOCIATES,
P.A. (MCGILL) IS CONFIDENT IN OUR ASSESSMENT,
THE US ARMY CORPS OF ENGINEERS IS THE ONLY
Legend Y_ AGENCY THAT CAN MAKE FINAL DECISIONS
REGARDING JURISDICTIONAL WETLAND AND WATERS
- OF THE US DFUNEAPONS.
Parcel Line '. o THIS MAP WAS PREPARED BY MCGILL USING THE
BEST INFORMATION AVAILABLE TO MCGILL AT THE
a TIME OF PRODUCTION. THIS MAP 15 FOR
INFORMATIONAL PURPOSES ONLY AND SHOULD NOT
BE USED TO DETERMINE PRECISE BOUNDARIES,
ROADWAYS, PROPERTY BOUNDARY LINES, NOR
,' a N LEGAL UESCRIPTTONS. THIS MAP SHALL NOT BE
Wetlande� CONS RUEDDEPTO BE AN OFFICIAL SURVEY OF ANY
DATALimits
` } Z SOURCE DATA: HENDERSON COUNTY GIS.
Data Point
0 100 0 50 100 200
w Stream
o LIfRItS GRAPHIC SCALE DIVISION VALUE = 100 FEET
0
= DATE FIGURE
'� 5/2612022 DODGE'S STORE
1241 H..A.q NC26tanenl4'J PROJECTVf D & H COMPANY DELINEATION MAP
�mcg I i w70a,y to 'zeso, 22.00106
ezaaaezo_a
o ricFim,u�e.sasC-oa's PROJECT MANAGER
mcgdlassociates.com RW HENDERSON COUNTY, NORTH CAROLINA
a

APPENDIX 8
NLEB Occupied HUC Map

22.00108 - Field Map

APPENDIX 9
Statement of Availability from Environmental Banc & Exchange, LLC

fires
Environmental Banc & Exchange, LLC Stream and Wetland Banks
Statement of Availability January 31, 2023
U.S. Army Corps of Engineers
Brooke Davis
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801
Re Project: Dodge's Convenience Store
This document confirms that D & H Company (Applicant) for the Dodge's Convenience Store (Project)
has expressed an interest to utilize 0.24 Riparian Wetland Mitigation Credits from the Environmental
Banc & Exchange sponsored RES French Broad 05 Stream Umbrella Mitigation Bank, specifically 0.24
credits from the Puncheon Fork Site in the French Broad HUC 06010105. As the official Bank Sponsor,
Environmental Banc & Exchange, LLC, attests to the fact that mitigation is available for reservation at
this time.
These mitigation credits are not considered secured, and consequently are eligible to be used for alternate
purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the
issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has
fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation
obligation requiring the credits/units.
The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the
purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and
a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit
number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer
Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the
proper documentation.
If any questions need to be answered, please contact me at 919-209-1055 or astaley(ares.us.
Best Regards,
Amy Staley
Credit Sales Manager
Resource Environmental Solutions, LLC
3600 Glenwood Avenue, Suite 100
Raleigh, NC 27612