20230950 Ver 1_PJC-PCN Mebane Support Biinder1_20230703

www.MogMit.com
MMI -Charlotte [phone]
MMI-Raleigh [phone]
03 July 2023
MOGENSEN MITIGATION INC.
Julia Tillery
US Army Corps of Engineers
Wilmington District
Raleigh Regulatory Office
ENVIRONMENTAL CONSULTING
Subject: PJD Request and ePCN for Lake Michael Dam repair, Orange County NC
Dear Ms. Tillery,
DVM
MOGENSEN MITIGATION, INC
On behalf of the City of Mebane, MMI Environmental Consulting is submitting this Preliminary Jurisdictional
Determination (PJD) Request package and e-PCN (NWP-3) for the proposed dam repair work at Lake
Michael, located 1.4 miles northeast of downtown Mebane in western Orange County (Latitude 36.1081
and Longitude-79.2507) . The project site address is 7300 Lebanon Rd, Mebane NC. MMI is the City's
agent providing wetland delineation and environmental permitting, and Schnabel Engineering is the firm
designing the repair work. The City of Mebane Engineering Department is the applicant.
Lake Michael Dam was constructed in 1952 as a water supply impoundment on Mill Creek in western
Orange County NC, in USGS HUC #03030002-0407 (Haw River watershed). The earthen embankment dam
has a hydraulic height of 29 feet and a concrete ogee -crested spillway on the left (west) abutment. The 75-
acre lake is no longer used as a raw water intake site, but it is upstream of the newer and larger Quaker
Creek Reservoir (Graham -Mebane Lake) located four miles to the west which now serves as the raw water
supply for Mebane and other nearby communities. Lake Michael and Mill Creek below the lake are
designated Class WS-II-HQW-NSW by the NC Department of Environmental Quality (DEQ).
The land areas adjacent to Lake Michael Dam include a City park, forest land, and single-family and multi-
family residential development. Lake Michael Way is a paved street providing access to the dam and the
park from Lebanon Rd. A greenway trail system just downstream of the spillway is also being planned.
The proposed repair work includes demolition of the existing concrete spillway and construction of a new
cast -in -place concrete chute spillway with the same normal pool elevation (631.0 ft) and on approximately
the same footprint as the existing spillway, sized to meet current NCDEQ Dam Safety requirements. The
proposed spillway crest is 70 feet wide (same as existing) and the chute will narrow to 28 feet wide at the
outlet, with a flip bucket and riprap apron to dissipate energy. A new toe drain system and filter diaphragm
will be installed along the downstream face of the embankment, a new drain gate, valve, and trash rack will
be installed on the riser, and an HDPE liner installed inside the riser drain pipe.
The left (west) side of the spillway will be accessed from the existing paved road (Lake Michael Way). The
right (east) side will be accessed from a dirt road located across from the intersection of Lebanon Road and
Saddle Club Road. Both roads are needed for site access during construction. The majority of the grading
operations will occur at the existing concrete spillway and dam embankment.
Environmental Field Studies ■ Wetland & Stream Delineation ■ 404-401 Permits ■ Mitigation Plans & Banking

MOGENSEN MITIGATION INC.
Features Potentially Subject to Clean Water Act Regulation
The proposed limits of disturbance (LOD) and PJD review area encompasses approximately six acres
including the dam footprint, abutments, floodplain below the dam, and a portion of the lake pool abutting
the dam. Potential jurisdictional waters in the PJD review area include the lake pool (open waters), Mill
Creek below the spillway (perennial stream), an unnamed tributary below the outlet from the intake riser,
and three floodplain wetlands:
Table 1. Preliminary Jurisdictional Determination (PJD) of Waters, Wetlands, and Streams
Lake Michael Dam Repair, Orange County NC - 22 Aug 2022. JD Review Area ^ 6 acres
map label
water type
stream
lin. feet
stream
width, ft
stream
flow
acres
latitude
longitude
Mill Creek
stream
120
10 to 15
peren
--
36.1084
-79.2509
UT Mill Cr
stream
95
5 to 7
peren
--
36.1085
-79.2499
Lake Michael
open wtr
--
--
--
1.20
36.1079
-79.2497
Wetland GA
wetland
--
--
--
0.13
36.1085
-79.2501
Wetland GB
wetland
--
--
--
0.32
36.1085
-79.2496
Wetland GC
wetland
--
--
--
0.01
36.1085
-79.2506
The USDA Soil Survey of Orange County (1977) indicates Georgeville silt loam adjacent to both sides of the
lake and on the Mill Creek floodplain below the dam. Georgeville is a non-hydric (upland) soil series, and
the wetlands represent unmapped hydric inclusions within it. Wetland hydrology may have been created
or enhanced by seepage from the old toe drain and/or the abandoned pump station below the dam.
Construction Sequence & Erosion Control Narrative
1.0 CONTROL OF WATER / STREAM DIVERSION
1.1.1 General: A bypass of base flow and storm flows around the intake tower and the concrete spillway
work areas will be required during construction. The control of water approach presented below includes
two phases, which are summarized in the following subsections.
1.1.2 Level of Protection: The level of protection shown on the Design Drawings is based on the 2-year,
6-hour storm event for Phase 1 (construction of intake tower improvements, low-level outlet slipline, and
embankment toe drain) and the 25-year, 6-hour storm event for Phase 2 (construction of the replacement
spillway). The approach presented below and shown on the Drawings was developed based on
conversations with the City with considerations for disruption to the fish population, risk to the work if the
stream diversion measures were to fail, construction cost, and schedule impacts. Based on our
conversations with the City, the minimum required level of protection provides acceptable risk to the City.
The Contractor will be required to develop a control of water plan describing their means and methods to
complete the work as specified and submit it to the City and Engineer for review and approval.
NM
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MOGENSEN MITIGATION INC.
In general, the reservoir level maintained during construction will influence the size of the temporary
cofferdams. Maintaining the reservoir at a lower level during construction will allow for the storage of
smaller storms and will also reduce the needed excavation dewatering measures.
As discussed above in Section 6.0, the maximum allowable temporary construction pool level during both
phases is EL 623.1. This elevation was selected based on the location of the mid -level gate at this elevation.
The minimum allowable temporary construction pool level for both phases is EL 620.9. This elevation was
selected to provide volume to store inflows in the lake up to the 2-year, 6-hour storm event without spilling
through the mid -level gate at EL 623.1 and flooding the intake tower.
1.1.3 Phase 1: During Phase 1, the reservoir will be lowered to the allowable elevation range using
pumps or a siphon to convey water through the existing concrete spillway. The pump/siphon will be
located immediately upstream of the concrete spillway and water will be pumped into the spillway chute.
The intake tower will be dewatered through the existing 18-inch low-level outlet. This approach will
facilitate the construction of the HDPE slipline in the low-level conduit, the new gate valve inside the intake
tower, and the embankment toe drain. The Contractor will not be permitted to pass base or storm flows
through the low-level outlet until the HDPE slipline is installed to mitigate potential damage to the existing
pipe. Base flow and storm flows will be passed through the site via the pump -around system.
A cofferdam constructed to minimum EL 603 is recommended to protect the low-level outlet work area
from potential backwater effects from the Mill Creek. The cofferdam can consist of earthfill or supersacks,
which are woven polypropylene bulk bags filled with soil materials.
1.1.4 Phase 2: During Phase 2, the base flow and storm flows will be passed through the site via the
intake tower and the sliplined low-level outlet. The reservoir will be maintained within the allowable water
level range using the intake tower mid -level gate located at this elevation. A temporary cofferdam will be
constructed in the approach channel upstream of the concrete spillway to facilitate the construction of the
replacement concrete spillway. This cofferdam can consist of earthfill sourced from the spillway excavation
or of supersacks with a minimum crest EL 630.0 to protect the work area from flows up to the 25-year, 6-
hour storm event. A cofferdam installed downstream of the spillway outlet will also be needed. This
cofferdam can also consist of earthfill or supersacks and should be built to minimum EL 603.
2.0 CONSTRUCTION SEQUENCING
A construction sequence for the Lake Michael Dam Spillway Replacement project is included below and is
based on the control of water approach described above.
Preconstruction Activities:
0.1. NCDEQ Dam Safety permit to construct will be approved with a Construction Emergency
Action Plan prior to any work.
0.2. Contractor will comply with all environmental permits for the project.
0.3. The Contractor is to notify and provide the Engineer with required submittals for approval
prior to mobilization to the site.
0.4. Hold Pre -Construction Conference at least one week prior to mobilization.
0.5. Contractor shall place signage around the site for public safety.
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MOGENSEN MITIGATION, INC

MOGENSEN MITIGATION INC.
0.6. Begin draining the reservoir using pumps or siphons.
0.7. Fabricate the trash racks and order the gate valve, 12" HDPE pipe, and all accessories for the Work
at the intake tower upon approval of associated submittals by Engineer.
Phase 1 Construction:
1.1. Flag limits of disturbance. Call North Carolina 811 to mark utilities.
1.2. Install erosion and sediment control measures in accordance with the Contract Documents and
NCDEQ requirements.
1.3. Improve the existing site access road.
1.4. Establish temporary facilities and controls.
1.5. Clear and grub trees as shown on the Drawings.
1.6. Dewater the intake tower. Maintain the reservoir at the construction pool elevation shown on the
Drawings.
1.7. Remove the downstream low-level conduit sections as shown on the Drawings.
1.8. Install HDPE slipline in low-level conduit and riprap outlet protection.
1.9. Install intake tower improvements, including new gate valve and trash racks.
1.10. Excavate for embankment toe drain and filter diaphragm.
1.11. Install embankment toe drain and filter diaphragm, and protect the filter sand until the
embankment toe berm is constructed.
Phase 2 Construction:
2.1. Divert base flow and storm flows through the sliplined low-level outlet. Install the temporary
cofferdam upstream of the spillway work area. Maintain the reservoir at the construction pool
elevation shown on the Drawings.
2.2. Demolish the concrete spillway and complete the spillway foundation excavation as shown on the
Drawings. Stockpile excavated materials in the approved stockpile area.
2.3. Prepare spillway foundation.
2.4. Install the replacement concrete spillway and drainage system as shown on the Drawings.
2.5. Backfill around the proposed spillway and construct embankment tie -outs.
2.6. Install riprap outlet protection and riprap wave protection.
2.7. Install pedestrian bridge, chain link fence atop the new concrete spillway sidewalls, and floating
barrier.
2.8. Remove the upstream temporary cofferdam.
2.9. Backfill the embankment and level the embankment crest to the final grades shown on the
Drawings.
2.10. After receiving NCDEQ Dam Safety approval, close new gate valve in the intake tower and pass all
flows through the new spillway.
2.11. Remove all staging areas, grade the site to design/restored elevations, and establish all permanent
seeding.
2.12. Repair/restore permanent roads to remain after construction.
2.13. Remove construction trailers, storage, and equipment.
2.14. Once the site is stabilized, notify NCDEQ and remove all erosion and sediment control measures.
3.0 EROSION AND SEDIMENT CONTROL
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MOGENSEN MITIGATION, INC

MOGENSEN MITIGATION INC.
3.1 The stripping of topsoil and excavations for the replacement spillway and embankment toe drain will
result in destabilized soils during construction. Approximately 7.1 acres will be disturbed based on the
limits of disturbance shown on the Design Drawings, and an erosion and sediment control permit will be
needed. Proper design and implementation of effective erosion and sediment control devices will be
critical to limiting the movement of soil materials into local bodies of water and neighboring properties.
3.2 To control material transported by rainfall and runoff, temporary silt fences and sediment filter bags
for pump discharges will be installed. Diversion dikes stabilized with rolled erosion products will be used to
mitigate clean water from entering the site
3.3 Surface stabilization will also reduce the amount of erosion during construction. Gravel will be installed
at the entrance of the project site and for temporary roads (if used). Furthermore, vegetation and mulch
will be placed to stabilize slopes and soil stockpiles. The downstream cofferdams for control of water will
serve to mitigate transportation of sediment into stream courses.
Please let me know if you need any further information or a site visit during your review of our application.
Sincerely,
Gerald Pottern, Senior Biologist
Mogensen Mitigation Inc.
104 East Chestnut Ave
Wake Forest NC 27587
919-556-8845 office
919-649-6506 mobile
[e-mail]
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MOGENSEN MITIGATION, INC

MOGENSEN MITIGATION INC.
Supporting Documents Attached
The following supporting documents are included with this JD Request and e-PCN submittal:
PJD-PCN Cover Letter
Agent Authorization Form
Preliminary ORM Data Entry Fields Form
JD Request Form + PJD Appendix 2
PJD + PCN Figures -- Lake Michael Dam Repair
Figure 1. Lake Michael Dam vicinity map, Orange County NC, USGS Topo Quads, Mebane NC and Efland NC.
Figure 2. Lake Michael Dam parcel map, Orange County NC, USGS National Map.
Figure 3. USDA Soil Survey of Orange County NC, 1977, Sheet 13. GeB, GeC = Georgeville silt loam.
Figure 4. FEMA Flood Hazard Map, Orange County panel # 3710981500K.
Figure 5. National Wetland Inventory Map from NC Natural Heritage Program Data Explorer
Figure 6. Preliminary Jurisdictional Determination (PJD) map of streams, wetlands, and open waters
Figure 7. Jordan Lake Riparian Buffers (regulated by NC-DEQ) within the Lake Michael Dam JD review area
Figure 8. Proposed impacts to jurisdictional streams, wetlands, and open waters in the project area
Figure 9. Proposed Riparian Buffer Impacts in the Lake Michael Dam project area
Figure 10. NC Dept of Cultural Resources historic properties near the Lake Michael Dam project area
Wetland + Upland Delineation Data Forms
FWS IPaC Letter - List of Federal Endangered & Threatened Species
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MOGENSEN MITIGATION, INC

AGENT AUTHORIZATION FORM for US -ACE / NC-DEQ Permitting
PROJECT NAME: Lake Michael Dam, Orange County
PROPERTY LEGAL DESCRIPTION: City of Mebane
PARCEL ID: 982 586 2705
STREET ADDRESS: 7300 Lebanon Rd, Mebane NC
PROPERTY OWNER: City of Mebane
The undersigned, registered property owners of the above noted property, do hereby authorize:
Gerald Pottern of Mogensen Mitigation Inc (MMI�
(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.
By signing below, I authorize representatives of the U.S. Army Corps of Engineers (Corps) and NC Division of
Environmental Quality (DEQ) 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
Waters Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am the duly authorized
owner of record of the property identified herein.
PROPERTY OWNER ADDRESS (if different than property above):
City of Mebane, Engineering Department
106 East Washington St, Mebane NC 27302
Telephone: (919) 563-xxxx Email: xxx x
Nk-6
Print Name 1
Authorized Signature 1
Date: Zq / Z.o 7.7

Preliminary ORM Data Entry Fields for New Actions
SAW — - BEGIN DATE [Received Date]:
1. Project Name:
Lake Michael Dam repair
2. Work Type:
Private ❑ Institutional ❑
Government
Commercial ❑
3. Project Description / Purpose:
Demolish and rebuild spillway chute; install new toe drain; install new drain gate and trash rack on
intake riser; install new liner in riser outlet pipe; improvements to meet NC Dam Safety criteria.
4. Property Owner /Applicant:
City of Mebane, c/o Chris Rollins, city manager
5. Agent / Consultant: Gerald Pottern, Mogensen Mitigation Inc.
6. Related Action ID Number(s):
7. Project Location - Coordinates, Street Address, and/or Location Description:
7300 Lebanon Rd, Mebane NC: 36.1081,-79.2507
8. Project Location - Tax Parcel ID: PIN # 982 586 2705
9. Project Location —County: Orange
10. Project Location — Nearest Municipality or Town: 1.4 miles northeast of downtown Mebane
11. Project Information —Nearest Waterbody: Mill Creek, Lake Michael
12. Watershed / 8-Digit Hydrologic Unit Code: HUC # 03030002-0407
Authorization: Section 10 ❑ Section 404 ❑✓ Section 10 & 404 ❑
Regulatory Action Type:
❑Standard Permit
✓ Nationwide Permit # 3
❑ Regional General Permit #
❑ Jurisdictional Determination Request
R
Pre-Application Request
Unauthorized Activity
0 Compliance
❑ No Permit Required
ZT41ff-To��iya[9LPI&I

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: 7300 Lebanon Rd
City, State:
Mebane, NC 27302
County: Orange
Parcel Index Number(s) (PIN):
982 586 2705
B. REQUESTOR INFORMATION
Name:
Gerald Pottern, Mogensen Mitigation la
Mailing Address:
104 East Chestnut Ave
Wake Forest NC 27587
Telephone Number:
919-556-8845
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:
City of Mebane
Mailing Address:
106 Washington Street
Mebane, NC 27302
Telephone Number:
[phone]
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.
Chris Rollins
Print Name
Capacity: ❑ Owner Z Authorized Agents
29 June 2023
Date
(agent authorization letter attached)
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:
s For NCDOT requests following the current NCDOT/USACE 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 6 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:
36.1081
Longitude:-79.2507
A legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than I Ix 17 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)
Landscape Photos (if taken)
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

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD:
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Gerald Pottern, 104 E Chestnut Ave, Wake Forest NC 27587
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: Orange City: Mebane
Center coordinates of site (lat/long in degree decimal format):
Lat.: 36.1081 Long.:-79.2507
Universal Transverse Mercator:
Name of nearest waterbody: MITI Creek, Lake Michael
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
❑ Field Determination. Date(s):
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)
Str-1
36.1084
-79.2509
120 I i n . ft
stream
404
Str-2
36.1085
-79.2499
95 lin.ft
stream
404
Lak-1
36.1079
-79.2497
1.20 acre
lake
404
wet -A
36.1085
-79.2500
0.13 acre
wetland
404
wet-B
36.1085
-79.2497
0.32 acre
wetland
404
wet-c
36.1085
-79.2506
0.01 acre
wetland
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: USGS National Map, Google Earth aerials
0 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: 03030002-0407 (Haw River)
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
❑■ U.S. Geological Survey map(s). Cite scale & quad name:
Efland & Mebane NC
■❑ Natural Resources Conservation Service Soil Survey. Citation: Orange Co, 1977
❑■ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑■ FEMA/FIRM maps: Orange Co # 3710981500K
❑ 100-year Floodplain Elevation is: 610 ft below dam .(National Geodetic Vertical Datum of 1929)
❑ Photographs: ❑■ Aerial (Name & Date): Google Earth - March 2018
or ❑ Other (Name & Date):
❑ 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
}} Digitally signed by Gerald Pottem
Gerald P o+ ern Date: 2023.06.22 15:00:10-04'00'
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
' 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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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: Lake Michael Dam, 7300 Lebanon Road, Mebane NC City/County: Orange County Sampling Date: 08/22/2022
Applicant/Owner: City of Mebane State: NC Sampling Point: Wet -A
Investigator(s): Gerald Pottern, MMI Section, Township, Range:
Landform (hillside, terrace, etc.): floodplain depression Local relief (concave, convex, none): concave Slope (%): 0-2
Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 36.10845 Long:-79.25003 Datum:
Soil Map Unit Name: Georgeville silt loam (non-hydric) NWI classification: PF01A
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:
Wetland hydrology may be enhanced by seepage from 60+ year old failing toe drain. Soil map indicates non-hydric soil series.
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)
X High Water Table (A2) —Hydrogen
Sulfide Odor (Cl)
_ Drainage Patterns (B10)
X Saturation (A3) x
Oxidized Rhizospheres on Living Roots (C3)
—Moss Trim Lines (B16)
—Water Marks (B1) —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)
X FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No
X Depth (inches):
Water Table Present? Yes X No
Depth (inches): 8
Saturation Present? Yes X No
Depth (inches): 2
Wetland Hydrology Present? Yes X No
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
Relatively wet conditions. Precip past 2 days = 1.15
inch, past 14 days = 1.72 inch, past 30 days
= 4.66 inch, based on three nearest CoCoRaHs
rain gauges in Alamance and Orange Counties.
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: Wet -A
Tree Stratum (Plot size: 30 ft )
% Cover
Species?
Status
Dominance Test worksheet:
1.
Ulmus americana
10
No
FACW
Number of Dominant Species
2.
Quercus phellos
10
No
FAC
That Are OBL, FACW, or FAC: 12 (A)
3.
Acer rubrum
40
Yes
FAC
Total Number of Dominant
4.
Liquidambar styraciflua
15
Yes
FAC
Species Across All Strata: 15 (B)
5.
Fraxinus pennsylvanica
10
No
FACW
Percent of Dominant Species
6.
That Are OBL, FACW, or FAC: 80.0% (A/B)
7.
Prevalence Index worksheet:
85
=Total Cover
Total % Cover of: Multiply by:
50% of total cover:
43
20% of total cover:
17
OBL species x 1 =
Sapling/Shrub Stratum (Plot size: 30 ft
)
FACW species x 2 =
1.
Acer rubrum
15
Yes
FAC
FAC species x 3 =
2.
Ligustrum sinense
10
Yes
FACU
FACU species x 4 =
3.
Acer floridanum
10
Yes
UPL
UPL species x 5 =
4.
Quercus phellos
10
Yes
FAC
Column Totals: (A) (B)
5.
Ulmus americana
10
Yes
FACW
Prevalence Index = B/A =
6.
Sambucus nigra
5
No
FAC
Hydrophytic Vegetation Indicators:
7.
_ 1 - Rapid Test for Hydrophytic Vegetation
8.
X 2 - Dominance Test is >50%
9.
3 - Prevalence Index is <_3.01
60
=Total Cover
_
4 - Morphological Adaptations' (Provide supporting
50% of total cover:
30
20% of total cover:
12
data in Remarks or on a separate sheet)
Herb Stratum (Plot size: 15 ft )
-Problematic Hydrophytic Vegetation' (Explain)
1.
Carex crinita
10
Yes
OBL
Indicators of hydric soil and wetland hydrology must be
2.
Microstegium vimineum
20
Yes
FAC
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
3. Boehmeria cylindrica 10 Yes FACW
4.
Woodwardia areolata
10
Yes
FACW
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
5.
Fraxinus pennsylvanica
10
Yes
FACW
more in diameter at breast height (DBH), regardless of
6.
Onoclea sensibilis
5
No
FACW
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.
65
=Total Cover
Woody Vine - All woody vines greater than 3.28 ft in
50% of total cover:
33
20% of total cover:
13
height.
Woody Vine Stratum (Plot size: 30 ft )
1.
Smilax rotundifolia
5
Yes
FAC
2.
Vitis rotundifolia
5
Yes
FAC
3.
Parthenocissus quinquefolia
5
Yes
FACU
4.
5.
Hydrophytic
15
=Total Cover
Vegetation
50% of total cover:
8
20% of total cover:
3
Present? Yes X No
Remarks: (Include photo numbers here or on a separate sheet.)
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont -Version 2.0

SOIL Sampling Point: Wet -A
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) % Types Loc2 Texture Remarks
0-3
2.5Y 3/2
100
Loamy/Clayey
3-5
2.5Y 4/2
100
D PL/M Loamy/Clayey
5-12
2.5Y 4/2
90
7.5YR 4/6 10 C PL/M Loamy/Clayey Prominent redox concentrations
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)
X Piedmont Flood plain 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: Lake Michael Dam, 7300 Lebanon Road, Mebane NC City/County: Orange County Sampling Date: 08/22/2022
Applicant/Owner: City of Mebane State: NC Sampling Point: Wet-B
Investigator(s): Gerald Pottern, MMI Section, Township, Range:
Landform (hillside, terrace, etc.): floodplain depression Local relief (concave, convex, none): concave Slope (%): 0-2
Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 36.10853 Long:-79.24936 Datum:
Soil Map Unit Name: Georgeville silt loam (non-hydric) NWI classification: PF01A
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:
Wetland hydrology may be enhanced by seepage from 60+ year old failing toe drain. Soil map indicates non-hydric soil series.
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)
X High Water Table (A2) —Hydrogen
Sulfide Odor (Cl)
_ Drainage Patterns (B10)
X Saturation (A3) x
Oxidized Rhizospheres on Living Roots (C3)
—Moss Trim Lines (B16)
—Water Marks (B1) —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)
X FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No
X Depth (inches):
Water Table Present? Yes X No
Depth (inches): 3
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:
Relatively wet conditions. Precip past 2 days = 1.15
inch, past 14 days = 1.72 inch, past 30 days
= 4.66 inch, based on three nearest CoCoRaHs
rain gauges in Alamance and Orange Counties.
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: Wet-B
Tree Stratum (Plot size: 30 ft )
% Cover
Species?
Status
Dominance Test worksheet:
1.
Ulmus americana
10
No
FACW
Number of Dominant Species
2.
Quercus phellos
15
Yes
FAC
That Are OBL, FACW, or FAC: 14 (A)
3.
Acerrubrum
20
Yes
FAC
Total Number of Dominant
4.
Liquidambar styraciflua
20
Yes
FAC
Species Across All Strata: 18 (B)
5.
Fraxinus pennsylvanica
10
No
FACW
Percent of Dominant Species
6.
That Are OBL, FACW, or FAC: 77.8% (A/B)
7.
Prevalence Index worksheet:
75
=Total Cover
Total % Cover of: Multiply by:
50% of total cover:
38
20% of total cover:
15
OBL species x 1 =
Sapling/Shrub Stratum (Plot size: 30 ft
)
FACW species x 2 =
1.
Acer rubrum
15
Yes
FAC
FAC species x 3 =
2.
Ligustrum sinense
10
Yes
FACU
FACU species x 4 =
3.
Liquidambar styraciflua
15
Yes
FAC
UPL species x 5 =
4.
Quercus phellos
10
Yes
FAC
Column Totals: (A) (B)
5.
Ulmus alata
10
Yes
FACU
Prevalence Index = B/A =
6.
Sambucus nigra
10
Yes
FAC
Hydrophytic Vegetation Indicators:
7.
_ 1 - Rapid Test for Hydrophytic Vegetation
8.
X 2 - Dominance Test is >50%
9.
3 - Prevalence Index is <_3.01
70
=Total Cover
4 - Morphological Adaptations' (Provide supporting
50% of total cover:
35
20% of total cover:
14
data in Remarks or on a separate sheet)
Herb Stratum (Plot size: 15 ft )
-Problematic Hydrophytic Vegetation' (Explain)
1.
Carex crinita
15
Yes
OBL
Indicators of hydric soil and wetland hydrology must be
2.
Microstegium vimineum
10
Yes
FAC
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
3. Boehmeria cylindrica 10 Yes FACW
4.
Woodwardia areolata
10
Yes
FACW
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
5.
Juncus effusus
15
Yes
FACW
more in diameter at breast height (DBH), regardless of
6.
Lobelia cardinalis
5
No
FACW
height.
7.
Impatiens capensis
5
No
FACW
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.
70
=Total Cover
Woody Vine - All woody vines greater than 3.28 ft in
50% of total cover:
35
20% of total cover:
14
height.
Woody Vine Stratum (Plot size: 30 ft )
1.
Smilax rotundifolia
5
Yes
FAC
2.
Lonicera japonica
5
Yes
FACU
3.
Parthenocissus quinquefolia
5
Yes
FACU
4.
Gelsemium sempervirens
5
Yes
FAC
5.
Hydrophytic
20
=Total Cover
Vegetation
50% of total cover:
10
20% of total cover:
4
Present? Yes X No
Remarks: (Include photo numbers here or on a separate sheet.)
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont -Version 2.0

SOIL Sampling Point: Wet-B
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) % Types Loc2 Texture Remarks
0-5
10YR 3/1
100
Loamy/Clayey
5-9
2.5Y 3/2
100
D PL/M Loamy/Clayey
9-15
2.5Y 4/2
90
10YR 4/6 10 C PL/M Loamy/Clayey Prominent redox concentrations
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)
X 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)
X Piedmont Flood plain 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: Lake Michael Dam, 7300 Lebanon Road, Mebane NC City/County: Orange County Sampling Date: 08/22/2022
Applicant/Owner: City of Mebane State: NC Sampling Point: UPL-A
Investigator(s): Gerald Pottern, MMI Section, Township, Range:
Landform (hillside, terrace, etc.): floodplain Local relief (concave, convex, none): concave Slope (%): 0-2
Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 36.10837 Long:-79.25020 Datum:
Soil Map Unit Name: Georgeville silt loam (non-hydric) NWI classification: none
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 0 No X within a Wetland? Yes No X
Wetland Hydrology Present? Yes No X
Remarks:
Wetland hydrology may be enhanced by seepage from 60+ year old failing toe drain. Soil map indicates non-hydric soil series.
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 (B10)
—Saturation (A3)
—Oxidized Rhizospheres on Living Roots (C3)
—Moss Trim Lines (B16)
—Water Marks (B1)
—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): 15
Wetland Hydrology Present? Yes No X
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
Relatively wet conditions. Precip past 2 days
= 1.15 inch, past 14 days = 1.72 inch, past 30 days
= 4.66 inch, based on three nearest CoCoRaHs
rain gauges in Alamance and Orange Counties.
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: UPL-A
Tree Stratum (Plot size: 30 ft )
% Cover
Species?
Status
Dominance Test worksheet:
1.
Ulmus americana
10
No
FACW
Number of Dominant Species
2.
Quercus phellos
15
Yes
FAC
That Are OBL, FACW, or FAC: 9 (A)
3.
Acer rubrum
20
Yes
FAC
Total Number of Dominant
4.
Liquidambar styraciflua
15
Yes
FAC
Species Across All Strata: 14 (B)
5.
Fraxinus pennsylvanica
10
No
FACW
Percent of Dominant Species
6.
Liriodendron tulipifera
10
No
FACU
That Are OBL, FACW, or FAC: 64.3% (A/B)
7.
Prevalence Index worksheet:
80
=Total Cover
Total % Cover of: Multiply by:
50% of total cover:
40
20% of total cover:
16
OBL species x 1 =
Sapling/Shrub Stratum (Plot size: 30 ft
)
FACW species x 2 =
1.
Acer rubrum
15
Yes
FAC
FAC species x 3 =
2.
Ligustrum sinense
15
Yes
FACU
FACU species x 4 =
3.
Acer floridanum
10
No
UPL
UPL species x 5 =
4.
Quercus phellos
10
No
FAC
Column Totals: (A) (B)
5.
Ulmus alata
15
Yes
FACU
Prevalence Index = B/A =
6.
Carpinus caroliniana
10
No
FAC
Hydrophytic Vegetation Indicators:
7.
_ 1 - Rapid Test for Hydrophytic Vegetation
8.
X 2 - Dominance Test is >50%
9.
3 - Prevalence Index is <_3.01
75
=Total Cover
_
4 - Morphological Adaptations' (Provide supporting
50% of total cover:
38
20% of total cover:
15
data in Remarks or on a separate sheet)
Herb Stratum (Plot size: 15 ft )
-Problematic Hydrophytic Vegetation' (Explain)
1.
Carex intumescens
10
Yes
FACW
Indicators of hydric soil and wetland hydrology must be
2.
Microstegium vimineum
15
Yes
FAC
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
3. Boehmeria cylindrica 10 Yes FACW
4.
Woodwardia areolata
5
No
FACW
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
5.
Polystichum acrostichoides
5
No
FACU
more in diameter at breast height (DBH), regardless of
6.
Lonicera japonica
10
Yes
FACU
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.
55
=Total Cover
Woody Vine - All woody vines greater than 3.28 ft in
50% of total cover:
28
20% of total cover:
11
height.
Woody Vine Stratum (Plot size: 30 ft )
1.
Smilax rotundifolia
5
Yes
FAC
2.
Vitis rotundifolia
5
Yes
FAC
3.
Parthenocissus quinquefolia
5
Yes
FACU
4.
Lonicera japonica
5
Yes
FACU
5.
Hydrophytic
20
=Total Cover
Vegetation
50% of total cover:
10
20% of total cover:
4
Present? Yes X No
Remarks: (Include photo numbers here or on a separate sheet.)
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont -Version 2.0

SOIL Sampling Point: UPL-A
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) % Types Loc2 Texture Remarks
0-3
10YR 3/2
100
Loamy/Clayey
3-7
10YR 3/3
100
Loamy/Clayey
7-12
7.5YR 4/4
90
Loamy/Clayey
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)
X Piedmont Flood plain 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

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2022-0077004
Project Name: Lake Michael Dam Repair, Mebane NC
June 30, 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 final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The 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.). If your project area
contains suitable habitat for any of the federally -listed species on this species list, the proposed
action has the potential to adversely affect those species. If suitable habitat is present, surveys
should be conducted to determine the species' presence or absence within the project area. The
use of this species list and/or North Carolina Natural Heritage program data should not be
substituted for actual field surveys.
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that 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. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed 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

06/30/2023
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major 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)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
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. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), 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 U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project -related stressors or minimize the exposure of birds and
their resources to the project -related stressors. For more information on avian stressors and
recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to-
birds.php.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/
executive-orders/e0-13186. php.

06/30/2023
3
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
Attachment(s):
• Official Species List
• Migratory Birds

06/30/2023
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:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
[phone]

06/30/2023
PROJECT SUMMARY
Project Code: 2022-0077004
Project Name: Lake Michael Dam Repair, Mebane NC
Project Type: Dam - Maintenance/Modification
Project Description: Dam repair, new spillway
Project Location:
The approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)36.107898000000006,-79.24987017790524,14z
Counties: Orange County, North Carolina

06/30/2023 3
ENDANGERED SPECIES ACT SPECIES
There is a total of 2 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
Tricolored Bat Perimyotis subflavus Proposed
No critical habitat has been designated for this species. Endangered
Species profile: https:Hecos.fws.gov/ecp/species/10515
INSECTS
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL
ABOVE LISTED SPECIES.

06/30/2023 6
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.

06/30/2023
IPAC USER CONTACT INFORMATION
Agency: Mogensen Mitigation Inc.
Name: Gerald Pottern
Address: 104 East Chestnut Ave
City:
Wake Forest
State:
NC
Zip:
27587
Email
[e-mail]
Phone:
9195568845
LEAD AGENCY CONTACT INFORMATION
Lead Agency: Army Corps of Engineers