2020-01779 AJD Tearsheet - Wetlands W6 and W7.pdf

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-01779 County:Wake U.S.G.S. Quad:NC-Garner
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Terracon
Attn:Jeff Harbour
Address: 2401 Brentwood Road
Raleigh,NC 27604
E-mail: ieff.harbour(u�terracon.com
Size(acres) —14.9 Nearest Town Garner
Nearest Waterway Big Branch River Basin Neuse
USGS HUC 03020201 Coordinates 35.7173,-78.5714
Location description: The proiect area is located on the west side of Auburn Church Road,approximately 1.25 mile south of its
intersection with Jones Sausage Road,at 4100 Auburn Church Road,Garner,North Carolina.The Review Area for the
Approved Jurisdictional Determination is shown as the purple outlined"AJD Limits"on the attached figure entitled"Exhibit
No.3a."
Indicate Which of the Following Apply:
A. Preliminary Determination
❑ There appear to be waters on the above described project area/property,that may be subject to Section 404 of the Clean Water Act
(CWA)(33 USC § 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403).The waters have been
delineated,and the delineation has been verified by the Corps to be sufficiently accurate and reliable.The approximate boundaries
of these waters are shown on the enclosed delineation map dated_.Therefore this preliminary jurisdiction determination may be
used in the permit evaluation process,including determining compensatory mitigation.For purposes of computation of impacts,
compensatory mitigation requirements,and other resource protection measures,a permit decision made on the basis of a
preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they
are jurisdictional waters of the U.S.This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process(Reference 33 CFR Part 331).However,you may request an approved JD,which is an appealable
action,by contacting the Corps district for further instruction.
❑ There appear to be waters on the above described project area/property,that may be subject to Section 404 of the Clean Water Act
(CWA)(33 USC § 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC §403).However,since the waters
have not been properly delineated,this preliminary jurisdiction determination may not be used in the permit evaluation process.
Without a verified wetland delineation,this preliminary determination is merely an effective presumption of CWA/RHA
jurisdiction over all of the waters at the project area,which is not sufficiently accurate and reliable to support an enforceable
permit decision.We recommend that you have the waters on your project area/property delineated.As the Corps may not be able
to accomplish this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can
be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act(RHA)(33 USC §403)and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations,this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters on the above-described project area/property subject to the permit requirements of Section 404 of the Clean
Water Act(CWA)(33 USC§ 1344). Unless there is a change in the law or our published regulations,this determination may be
relied upon for a period not to exceed five years from the date of this notification.
❑We recommend you have the waters on your project area/property delineated. As the Corps may not be able to accomplish
this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by
the Corps.
❑The waters on your project area/property have been delineated and the delineation has been verified by the Corps.The
approximate boundaries of these waters are shown on the enclosed delineation map dated_.We strongly suggest you have this
Page 1 of 2 Form Version 10 June 2020_updated

SAW-2020-01779
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 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/property which are
subject to the permit requirements of Section 404 of the Clean Water Act(33 USC 1344). Unless there is a change in the
law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date
of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act(LAMA).
You should contact the Division of Coastal Management in Morehead City,NC,at(252)808-2808 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 E.Bailey at(919)817-2436 or
D avid.E.Bailev2(a,usace.army.mil.
C. Basis For Determination: See the attached Memorandum for Record, dated 10/24/2023.
D. Remarks: For the area within the red outlined"PJD Limits"on the attached fia_ure, see the Preliminary Jurisdictional
Determination for this property dated 7/29/2021.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants,or anticipate participation in USDA programs,you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service,prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
If you object to this determination,you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process(NAP)fact sheet and Request for Appeal(RFA)form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr.Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW,Floor M9
Atlanta,Georgia 30303-8803
Phone: [phone]
AND
PHILIP.A.SHANNIN&USACE.ARMY.MIL
In order for an RFA to be accepted by the Corps,the Corps must determine that it is complete,that it meets the criteria for appeal
under 33 CFR part 331.5,and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form,it must be received at the above address by 12/31/2023.
**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:
Date of JD: 10/24/2023 Expiration Date of JD: 10/30/2028

SAW-2020-01779
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 hrips://regulatory.ops.usace.army.mil/customer-service-survey/.
Copy Furnished:
Zachary Thomas,NCDEQ-DWR,zachary.thomasgdeq.nc.go

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Potential Tributary (T) Ws W7 Wetlands ,
Location and Extent is Approximate. .
0 250 500
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Source:Latest High-Resolution NC Statewide Orthoimagery,NC + ~ *• -
OneMap Server;411 Contours,Wake County; Site Boundaries N•?
acquired from Wake County GIS parcel data,2020. sW1
Note:Vegetation removal or alteration of soils or hydrology after initial site evaluation
atchline
can affect jurisdictional status and may require re-evaluation of wetland boundaries.
Disclaimer.The information depided on this figure is for informational puposes
only antl was not prepared for,antl is not suitable for legal or engineenng �•='
purposes.This information presented is not for regulatory review antl is intended
for use only by a Professional Land Surveyor prior to regulatory review.
N Project No: Potential Wetlands and Waters EXHIBIT
HL207210
Scale:
1 in=500ft Irerracon
File Name: Eagle Crest Industrial Property
aerial Jan2021 Wake County, 3a
Date: 2401 Brentwood Road,Suite 107 Raleigh,NC 27604 North Carolina
0 Neuse River Basin 2/4/2021 Phone: [phone] Fax: [phone]

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Terracon, Attn: Jeff Harbour File Number: SAW-2020-01779 Date: 10/24/2023
Attached is: See Section below
❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B
❑ PERMIT DENIAL WITHOUT PREJUDICE C
❑ PERMIT DENIAL WITH PREJUDICE D
❑x APPROVED JURISDICTIONAL DETERMINATION E
❑ PRELIMINARY JURISDICTIONAL DETERMINATION F
SECTION I
The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at https://www.usace.army.mil/Missions/Civil-Works/Regulatory-
Program-and-Permits/appeals/ 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. Upon receipt of your letter, the district engineer will
evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the
permit to address some of your objections, or (c) not modify the permit having determined that the
permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the
district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept
the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the
LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit,
including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms
and conditions therein, you may appeal the declined permit under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the
division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.

C. PERMIT DENIAL WITHOUT PREJUDICE: Not appealable
You received a permit denial without prejudice because a required Federal, state, and/or local
authorization and/or certification has been denied for activities which also require a Department of the
Army permit before final action has been taken on the Army permit application. The permit denial without
prejudice is not appealable. There is no prejudice to the right of the applicant to reinstate processing of
the Army permit application if subsequent approval is received from the appropriate Federal, state, and/or
local agency on a previously denied authorization and/or certification.
D: PERMIT DENIAL WITH PREJUDICE: You may appeal the 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.
E: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information for reconsideration
• 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.
• RECONSIDERATION: You may request that the district engineer reconsider the approved JD by
submitting new information or data to the district engineer within 60 days of the date of this notice. The
district will determine whether the information submitted qualifies as new information or data that
justifies reconsideration of the approved JD. A reconsideration request does not initiate the appeal
process. You may submit a request for appeal to the division engineer to preserve your appeal rights
while the district is determining whether the submitted information qualifies for a reconsideration.
F: PRELIMINARY JURISDICTIONAL DETERMINATION: Not appealable
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.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision you If you have questions regarding the appeal process,
may contact: or to submit your request for appeal, you may
District Engineer, Wilmington Regulatory Division contact:
Attn: David E. Bailey Philip Shannin
Raleigh Regulatory Office Regulatory Appeals Review Officer
U.S Army Corps of Engineers South Atlantic Division
3331 Heritage Trade Drive, Suite 105 60 Forsyth St SW, Floor M9
Wake Forest, North Carolina 27587 Atlanta, Georgia 30303-8803
Philip.A.Shannin2(a�usace.army.mil
404-562-5136
SECTION 11 — REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT

REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. Use additional pages as necessary.
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.
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.
Date:
Signature of appellant or agent.
Email address of appellant and/or agent: Telephone number:

DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS,WILMINGTON DISTRICT
69 DARLING AVENUE
' WILMINGTON, NORTH CAROLINA 28403
[SAW-RG-R] [24 October 2023]
MEMORANDUM FOR RECORD
SUBJECT: US Army Corps of Engineers (Corps) Approved Jurisdictional Determination
in accordance with the "Revised Definition of `Waters of the United States"'; (88 FR
3004 (January 18, 2023) as amended by the "Revised Definition of `Waters of the
United States'; Conforming" (8 September 2023) ,' [SAW-2020-01779] [(MFR 1 of 1]2
BACKGROUND. An Approved Jurisdictional Determination (AJD) is a Corps document
stating the presence or absence of waters of the United States on a parcel or a written
statement and map identifying the limits of waters of the United States on a parcel.
AJDs are clearly designated appealable actions and will include a basis of JD with the
document.3 AJDs are case-specific and are typically made in response to a request.
AJDs are valid for a period of five years unless new information warrants revision of the
determination before the expiration date or a District Engineer has identified, after public
notice and comment, that specific geographic areas with rapidly changing
environmental conditions merit re-verification on a more frequent basis.4
On January 18, 2023, the Environmental Protection Agency (EPA) and the Department
of the Army ("the agencies") published the "Revised Definition of `Waters of the United
States,"' 88 FR 3004 (January 18, 2023) ("2023 Rule"). On September 8, 2023, the
agencies published the "Revised Definition of `Waters of the United States';
Conforming", which amended the 2023 Rule to conform to the 2023 Supreme Court
decision in Sackett v. EPA, 598 U.S., 143 S. Ct. 1322 (2023) ("Sackett').
This Memorandum for Record (MFR) constitutes the basis of jurisdiction for a Corps
AJD as defined in 33 CFR §331.2. For the purposes of this AJD, we have relied on
Section 10 of the Rivers and Harbors Act of 1899 (RHA),5 the 2023 Rule as amended,
While the Revised Definition of"Waters of the United States"; Conforming had no effect on some
categories of waters covered under the CWA, and no effect on any waters covered under RHA, all
categories are included in this Memorandum for Record for efficiency.
2 When documenting aquatic resources within the review area that are jurisdictional under the Clean
Water Act (CWA), use an additional MFR and group the aquatic resources on each MFR based on the
TNW, the territorial seas, or interstate water that they are connected to. Be sure to provide an identifier to
indicate when there are multiple MFRs associated with a single AJD request(i.e., number them 1, 2, 3,
etc.).
333CFR331.2.
a Regulatory Guidance Letter 05-02.
a USACE has authority under both Section 9 and Section 10 of the Rivers and Harbors Act of 1899 but for
convenience, in this MFR,jurisdiction under RHA will be referred to as Section 10.

[SAW-RG-R]
SUBJECT: 2023 Rule, as amended, Approved Jurisdictional Determination in Light of
Sackett v. EPA, 143 S. Ct. 1322 (2023), [SAW-2020-01779]
as well as other applicable guidance, relevant case law, and longstanding practice in
evaluating jurisdiction.
1. SUMMARY OF CONCLUSIONS.
a. Provide a list of each individual feature within the review area and the
jurisdictional status of each one (i.e., identify whether each feature is/is not a
water of the United States and/or a navigable water of the United States).
Name of Aquatic Resource JD or Non-JD Section 404/Section 10
W6 Non-JD NA
W7 Non-JD NA
2. REFERENCES.
a. "Revised Definition of `Waters of the United States,"' 88 FIR 3004 (January 18,
2023) ("2023 Rule")
b. "Revised Definition of `Waters of the United States'; Conforming" 88 FR 61964
(September 8, 2023))
c. Sackett v. EPA, 598 U.S. _, 143 S. Ct. 1322 (2023)
3. REVIEW AREA. The Review Area for the Approved Jurisdictional Determination is
shown as the purple outlined "AJD Limits" on the figure entitled "Exhibit No. 3a."
A. Project Area Size (in acres): -14.9
B. Center Coordinates of the Project Site (in decimal degrees)
Latitude: 35.7173 Longitude: -78.5714
C. Nearest City or Town: Garner
D. County: Wake
E. State: North Carolina
F. Other associated Jurisdictional Determinations (including outcomes): PJD for
remainder of Eagle Crest Industrial Park issued on 7/28/2021 under SAW-2020-
01779. Note also that an AJD was also processed for Wetlands W6 and W7 on
7/28/2021, under the NWPR; this AJD is no longer valid.
4. NEAREST TRADITIONAL NAVIGABLE WATER (TNW), THE TERRITORIAL SEAS,
OR INTERSTATE WATER TO WHICH THE AQUATIC RESOURCE IS
CONNECTED. [Include the name of the nearest downstream TNW, the territorial
2

[SAW-RG-R]
SUBJECT: 2023 Rule, as amended, Approved Jurisdictional Determination in Light of
Sackett v. EPA, 143 S. Ct. 1322 (2023), [SAW-2020-01779]
seas, or interstate water and a discussion of how it was determined the water is a
TNW, the territorial seas, or interstate water.]6
A. Name of nearest downstream TNW, Territorial Sea or interstate water: Neuse
River, which is a TNW.
B. Determination based on: This determination was made based on a review of
desktop data resources listed in Section 9 of this memorandum.
5. FLOWPATH FROM THE SUBJECT AQUATIC RESOURCES TO A TNW, THE
TERRITORIAL SEAS, OR INTERSTATE WATER. [Describe the flowpath from the
subject aquatic resources within the review area to the TNW, the territorial seas, or
interstate water (whether inside or outside the review area).] Wetlands W6 and W7
are located in a —66-acre catchment that, based on topography alone, includes all
the land that drains to these features and beyond to its nearest apparent (a)(3) water
(Tributary T8). Tributary T8 flows into another apparent (a)(3) water (Tributary T1 /
Poplar Branch) which flows off-site into another apparent (a)(3) water (Big Branch),
which flows into another apparent (a)(3) water (Walnut Creek), which flows into the
Neuse River. However, there is not a consistent surface connection or flowpath
providing evidence of surface flow between Wetlands W6 and W7 and Tributary T8,
which is located several hundred feet down-drainage.
6. SECTION 10 JURISDICTIONAL WATERS': Describe aquatic resources or other
features within the review area determined to be jurisdictional in accordance with
Section 10 of the Rivers and Harbors Act of 1899. Include the size of each aquatic
resource or other feature within the review area and how it was determined to be
jurisdictional in accordance with Section 10.8 [N/A]
7. SECTION 404 JURISDICTIONAL WATERS: Describe the aquatic resources within
the review area that were found to meet the definition of waters of the United States
in accordance with the 2023 Rule as amended, consistent with the Supreme Court's
s This MFR should not be used to complete a new stand-alone TNW determination. A stand-alone TNW
determination for a water that is not subject to Section 9 or 10 of the Rivers and Harbors Act of 1899
(RHA) is completed independently of a request for an AJD. A stand-alone TNW determination is
conducted for a specific segment of river or stream or other type of waterbody, such as a lake, where
upstream or downstream limits or lake borders are established.
33 CFR 329.9(a)A waterbody which was navigable in its natural or improved state, or which was
susceptible of reasonable improvement(as discussed in § 329.8(b)of this part) retains its character as
"navigable in law" even though it is not presently used for commerce, or is presently incapable of such
use because of changed conditions or the presence of obstructions.
8 This MFR is not to be used to make a report of findings to support a determination that the water is a
navigable water of the United States. The district must follow the procedures outlined in 33 CFR part
329.14 to make a determination that water is a navigable water of the United States subject to Section 10
of the RHA.
3

[SAW-RG-R]
SUBJECT: 2023 Rule, as amended, Approved Jurisdictional Determination in Light of
Sackett v. EPA, 143 S. Ct. 1322 (2023), [SAW-2020-01779]
decision in Sackett. List each aquatic resource separately, by name, consistent with
the naming convention used in section 1, above. Include a rationale for each aquatic
resource, supporting that the aquatic resource meets the relevant category of
"waters of the United States" in the 2023 Rule as amended. The rationale should
also include a written description of, or reference to a map in the administrative
record that shows, the lateral limits of jurisdiction for each aquatic resource,
including how that limit was determined, and incorporate relevant references used.
Include the size of each aquatic resource in acres or linear feet and attach and
reference related figures as needed.
a. Traditional Navigable Waters (TNWs) (a)(1)(i): [N/A]
b. The Territorial Seas (a)(1)(ii): [N/A]
c. Interstate Waters (a)(1)(iii): [N/A]
d. Impoundments (a)(2): [N/A]
e. Tributaries (a)(3): [N/A]
f. Adjacent Wetlands (a)(4): [N/A]
g. Additional Waters (a)(5): [N/A]
8. NON-JURISDICTIONAL AQUATIC RESOURCES AND FEATURES
a. Describe aquatic resources and other features within the review area identified in
the 2023 Rule as amended as not "waters of the United States" even where they
otherwise meet the terms of paragraphs (a)(2) through (5). Include the type of
excluded aquatic resource or feature, the size of the aquatic resource or feature
within the review area and describe how it was determined to meet one of the
exclusions listed in 33 CFR 328.3(b).9 [N/A]
b. Describe aquatic resources and features within the review area that were
determined to be non-jurisdictional because they do not meet one or more
categories of waters of the United States under the 2023 Rule as amended (e.g.,
tributaries that are non-relatively permanent waters; non-tidal wetlands that do
not have a continuous surface connection to a jurisdictional water).
9 88 FR 3004 (January 18, 2023)
4

[SAW-RG-R]
SUBJECT: 2023 Rule, as amended, Approved Jurisdictional Determination in Light of
Sackett v. EPA, 143 S. Ct. 1322 (2023), [SAW-2020-01779]
Aquatic Resource Resource Type Reason the AR is not jurisdictional
Name
Wetland W6 Wetland W6 is a wetland, however it would not be considered an (a)(4)
wetland as it is not adjacent. No part of this feature is abutting a TNW
or tributary with relatively permanent flow, and (despite these
features occurring within a natural topographic crenulation)there is
not a continuous surface connection or flowpath providing evidence
of surface flow between this feature and the nearest TNW or tributary
with relatively permanent flow(Tributary T8),which is located greater
than 700 linear feet down gradient. Lastly,this feature would not be
considered an (a)(5)(i)water, as it not a relatively permanent,
standing or continuously flowing body of water.
Wetland W7 Wetland W7 is a wetland, however it would not be considered an (a)(4)
wetland as it is not adjacent. No part of this feature is abutting a TNW
or tributary with relatively permanent flow, and (despite these
features occurring within a natural topographic crenulation)there is
not a continuous surface connection or flowpath providing evidence
of surface flow between this feature and the nearest TNW or tributary
with relatively permanent flow(Tributary T8), which is located greater
than 1,400 linear feet down gradient. Lastly, this feature would not be
considered an (a)(5)(i)water, as it not a relatively permanent,
standing or ontinuously flowing body of water.
9. DATA SOURCES. List sources of data/information used in making determination.
Include titles and dates of sources used and ensure that information referenced is
available in the administrative record.
a. Date(s) of Field Review (if applicable): 11/10/2020, during a time of Normal
Conditions according to the APT.
b. Data sources used to support this determination (included in the administrative
record).
❑x Aquatic Resources delineation submitted by, or on behalf of, the requestor:
Figure 3a; Jeff Harbour (Terracon), February 8, 2021
❑ Aquatic Resources delineation prepared by the USACE: Title and Date
❑ Wetland field data sheets prepared by the Corps: Title and Date
❑ OHWM data sheets prepared by the USACE: Title and Date
❑x Previous JDs (AJD or PJD) addressing the same (or portions of the same)
review area: SAW-2020-01779. Combined AJD/PJD issued 7/28/2021. Note
that AJD portion (issued under NWPR) is no longer valid.
❑x Photographs: Photos provided by Terracon of Wetlands W6 and W7, dated
2/22/2023.
❑x Aerial Imagery: Statewide Orthoimagery, NC OneMap Server; 2017
❑x LIDAR: QL2 LiDAR (NC SDD website)
❑x USDA NRCS Soil Survey: Wake County Soil Survey
❑ USFWS NWI maps: Title and Dates
5

[SAW-RG-R]
SUBJECT: 2023 Rule, as amended, Approved Jurisdictional Determination in Light of
Sackett v. EPA, 143 S. Ct. 1322 (2023), [SAW-2020-01779]
❑x USGS topographic maps: 1:24,000 Garner Quad
❑ USGS NHD data/maps: Title and Dates
❑ Section 10 resources used: Title and Dates
❑ NCDWR stream identification forms
❑ North Carolina Stream Assessment Method (NCSAM) forms
❑ North Carolina Wetland Assessment Method (NCWAM) forms
❑x Antecedent Precipitation Tool Analysis: 11/8/2020
❑ Other sources of Information: List
10.OTHER SUPPORTING INFORMATION. As shown by an aerial photo review
provided by Terracon, Wetland W7 was a water hazard during the property's use as
a golf course (prior to 2010). The soil berm dam is still in place and though
vegetated, this feature continues to hold surface water for short durations. There is
no evidence of surface or shallow subsurface flow between Wetlands W7 and W6
other than their positioning in the same topographic crenulation. Prior to current
upland development on the site and as seen during the Corps 2020 site visit, the
upland area that exists within the drainage between Wetland W6 with Tributary 8
showed no signs of surface flow. Further, soils within this area were non-hydric
throughout, providing no evidence of shallow subsurface flow. As such, it follows that
any hydrologic connection between Wetlands W6 and W7 with the nearest tributary
is extremely rare, such as perhaps only during tropical rain events (hurricanes, etc.).
Based on the lack of any evidence of surface flow between these features, the
duration and magnitude of such events appears to be very short and minor, if at all.
Note that, during the period when the previous NWPR AJD was valid, the property
owners constructed a large commercial building between Wetland W6 and the
Tributary 8, directing any surface water flows into a stormwater BMP. This further
reduces the hydrologic connection between Wetlands W6/W7 and Tributary 8.
11. NOTE: The structure and format of this MFR were developed in coordination with
the EPA and Department of the Army. The MFR's structure and format may be
subject to future modification or may be rescinded as needed to implement
additional guidance from the agencies; however, the approved jurisdictional
determination described herein is a final agency action.
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