20240001 Ver 1_Wilsons Mills Storage PCN Package_20231215

PCN Application Additional Information Package
Name: Wilsons Mills Storage
County: Johnston
Date: 12/15/23

Table of Contents
I)Agent Letter
2) Maps
A)Soils
B) Quad
3)Project Drawings
a) Design and Impact Sheet
4) Endangered Species
5)SHPO Documents
6) Preliminary Wetland Map (COE AJD)
7)Neuse Buffer Letter

December 14, 2023
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Mr. Mark Martin
Re: Wilson's Mills Storage, Johnston County
I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do
authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon
the property herein described (PIN # 168600-68-8392 ) for the purpose of conducting on -site
investigations and issuing a determination associated with Waters of the U.S. subject to Federal
jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of
1899.
Also, Mr Wyatt Brown of Brown's Environmental Group, Inc or his subcontractor, has my permission to
act as my agent on this property concerning wetlands and streams.
0-
David S. Orringer Member/Manager
Wilson Mills Storage, LLC

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* * * DISCLAIMER * * *
Johnston County assumes no legal responsibility for the information represented here.
Result
id:
17JO7013C
Tag:
17JO7013C
NCPi n :
168600-77-4976
Mapsheet No:
1686
Owner Name 1:
EASTOVER 96, LLC
Owner Name 2:
Mail Address 1:
276 BENNING CIR
Mail Address 2:
Mail Address 3:
CLAYTON, NC 27527-5286
Site Address 1:
Site Address 2:
Book:
06451
Page:
0156
Market Value:
556270
Assessed Acreage:
34.110
Calc. Acreage:
34.110
Sales Price:
0
Sale Date:
2023-04-06

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Roy Cooper, Governor
■■■■ NC DEPARTMENT OF
■■�■� NATURAL AND CULTURAL RESOURCES
■ MEN
December 7, 2023
wyatt brown
Brown's Environmental Group, inc
242 Batten Farm Road
Selma, NC 27576
RE: Wilson Mills Storage
Dear wyatt brown:
fl_ Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Afogram
N CN H DE-24263
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
httos://www.fws.ciov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact the NCNHP at natural.heritageC�dncr.nc.aov.
Sincerely,
NC Natural Heritage Program
DEPARTMENTO F NATURAL AND CULTURAL RESOURCES
1P1 W JONE5 STREET. RALF15H. NC 17603 - 16SI MAR -;EWF-F CENTER. RALEIGH. NC 27699
& OFC9*7D7.9120 • FAX 91S7079121

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12/7/23, 9:36 PM IPaC: Explore Location resources
IPaC U.S. Fish & Wildlife Service
IPaC resource list
This report is an automatically generated list of species and other resources such as critical
habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's
(USFWS) jurisdiction that are known or expected to be on or near the project area referenced
below. The list may also include trust resources that occur outside of the project area, but
that could potentially be directly or indirectly affected by activities in the project area.
However, determining the likelihood and extent of effects a project may have on trust
resources typically requires gathering additional site -specific (e.g., vegetation/species
surveys) and project -specific (e.g., magnitude and timing of proposed activities) information.
Below is a summary of the project information you provided and contact information for the
USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to
each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI
Wetlands) for additional information applicable to the trust resources addressed in that
section.
Location
Johnston County, North Carolina
1
Local office
11�1 J
�0.0
Raleigh Ecological Services Field Office
t. [phone]
JEJ [phone]
https://ipac.ecosphere.fvvs.gov/location/5DQGW5UQBFCV7G43ZKJ3B7SVDY/resources 1 /16

12/7/23, 9:36 PM
MAILING ADDRESS
IPaC: Explore Location resources
Post Office Box 33726
Raleigh, NC 27636-3726
PHYSICAL ADDRESS
551 Pylon Drive, Suite F
Raleigh, NC 27606-1487
https://ipac.ecosphere.fvvs.gov/location/5DQGW5UQBFCV7G43ZKJ3B7SVDY/resources 2/16

12/7/23, 9:36 PM IPaC: Explore Location resources
Endangered species
This resource list is for informational purposes only and does not constitute an analysis of
project level impacts.
The primary information used to generate this list is the known or expected range of each
species. Additional areas of influence (AOI) for species are also considered. An AOI includes
areas outside of the species range if the species could be indirectly affected by activities in
that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at
the dam site, may indirectly impact the species by reducing or eliminating water flow
downstream). Because species can move, and site conditions can change, the species on this
list are not guaranteed to be found on or near the project area. To fully determine any
potential effects to species, additional site -specific and project -specific information is often
required. W t%
Section 7 of the Endangered Species Act requires Federal agencies to "request of the
Secretary information whether any species which is listed or proposed to be listed may be
present in the area of such proposed action" for any project that is conducted, permitted,
funded, or licensed by any Federal agency. A letter from the local office and a species list
which fulfills this requirement can only be obtained by requesting an official species list from
either the Regulatory Review section in IPaC (see directions below) or from the local field
office directly. C
For project evaluations that require USFWS concurrence/review, please return to the IPaC
website and request an official species list by doing the following:
1. Draw the project location and click CONTINUE.
2. Click DEFINE PROJECT.
3. Log in (if directed to do so).
4. Provide a name and description for your project.
5. Click REQUEST SPECIES LIST.
Listed species and their critical habitats are managed by the Ecological Services Program of
the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic
and Atmospheric Administration (NOAA Fisheries ).
Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown
on this list. Please contact NOAA Fisheries for species under their jurisdiction.
1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also
shows species that are candidates, or proposed, for listing. See the listing status page for
more information. IPaC only shows species that are regulated by USFWS (see FAQ).
https://ipac.ecosphere.fvvs.gov/location/5DQGW5UQBFCV7G43ZKJ3B7SVDY/resources 3/16

12/7/23, 9:36 PM
IPaC: Explore Location resources
2. 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.
The following species are potentially affected by activities in this location:
Mammals
NAME
Tricolored Bat Perimyotis subflavus
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/10515
Birds
NAME
Red -cockaded Woodpecker Picoides borealis
STATUS
Proposed Endangered
44
STATUS 4NO\
Endangered
Wherever found
No critical habitat has been designated for this species. 00W.
https://ecos.fws.gov/ecp/species/7614
N)1)0-
Amphibians
NAME don
Neuse River Waterdog Necturus ewisi
Wherever found % -,.p
There is final critical habitat for this species. Your location does
not overlap the critical habitat.
https://ecos.fws.gov/ecp/species/6772
Fishes
Carolina Madtom Noturus furiosus
Wherever found
There is final critical habitat for this species. Your location does
not overlap the critical habitat.
https://ecos.fws.gov/ecptspecies/528
Clams
NAME
STATUS
Threatened
STATUS
Endangered
STATUS
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Atlantic Pigtoe Fusconaia masoni Threatened
Wherever found
There is final critical habitat for this species. Your location does
not overlap the critical habitat.
https://ecos.fws.gov/ecp/species/5164
Dwarf Wedgemussel Alasmidonta heterodon Endangered
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/784
Green Floater Lasmigona subviridis Proposed Threatened
Wherever found
There is proposed critical habitat for this species. Your location
does not overlap the critical habitat.
https://ecos.fws.gov/ecp/species/7541
Insects
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/9743
Critical habitats
Potential effects to critical habitat(s) in this location must be analyzed along with the
endangered species themselves.
There are no critical habitats at this location.
You are still required to determine if your project(s) may have effects on
all above listed species.
Bald &Golden Eagles
Bald and golden eagles are protected under the Bald and Golden Eagle Protection Act' and
the Migratory Bird Treaty Act2.
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Any person or organization who plans or conducts activities that may result in impacts to
bald or golden eagles, or their habitats', should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
Additional information can be found using the following links:
• Eagle Managment https://www.fws.gQv//program/eagle-management
• Measures for avoiding and minimizing impacts to birds
https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take-
migratory-birds
• Nationwide conservation measures for birds
https://www.fws.gov/sites/default/files/documents/nationwide-standard-conservation-
measures.pdf
• Supplemental Information for Migratory Birds and Eagles in IPaC "PM&
https://www.fws.gov/media/supplemental-information-migratory-birds-and-bald-and-
golden-eagles-may-occur-project-action
There are bald and/or golden eagles in your project area.
For guidance on when to schedule activities or implement avoidance and minimization
measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF
PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be
present and breeding in your project area.
NAME J
Bald Eagle Haliaeetus leucocephalus
This is not a Bird of Conservation Concern (BCC) in this area,
but warrants attention because of the Eagle Act or for potential
susceptibilities in offshore areas from certain types of
development or activities.
Probability of Presence Summary
BREEDING SEASON
Breeds Sep 1 to Jul 31
The graphs below provide our best understanding of when birds of concern are most likely
to be present in your project area. This information can be used to tailor and schedule your
project activities to avoid or minimize impacts to birds. Please make sure you read and
understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before
using or attempting to interpret this report.
Probability of Presence (■)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s)
your project overlaps during a particular week of the year. (A year is represented as 12 4-
week months.) A taller bar indicates a higher probability of species presence. The survey
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effort (see below) can be used to establish a level of confidence in the presence score. One
can have higher confidence in the presence score if the corresponding survey effort is also
high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events
for that week. For example, if in week 12 there were 20 survey events and the Spotted
Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in
week 12 is 0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week
12 (0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
0% % N
To see a bar's probability of presence score, simply hover your mouse cursor over the bar.
Breeding Season( )
i 1
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds
across its entire range. If there are no yellow bars shown for a bird, it does not breed in your
project area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of
surveys performed for that species in the 10km grid cell(s) your project area overlaps. The
number of surveys is expressed as a range, for example, 33 to 64 surveys.
To see a bar's survey effort range, simply hover your mouse cursor over the bar.
No Data ( )
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are
based on all years of available data, since data in these areas is currently much more sparse.
probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
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Bald Eagle ++++ ++++ ++++ ++++
Non -BCC
Vulnerable
What does IPaC use to generate the potential presence of bald and golden eagles in my specified
location?
The potential for eagle presence is derived from data provided by the Avian Knowledge Network (AKN),. The
AKN data is based on a growing collection of survey., banding, and citizen science datasets and is queried
and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project
intersects, and that have been identified as warranting special attention because they are a BCC species in
that area, an eagle (Eagle Act requirements may apply). To see a list of all birds potentially present in your
project area, please visit the Rapid Avian Information Locator (RAIL) Tool.
What does IPaC use to generate the probability of presence graphs of bald and golden eagles in my -
specified location? i %
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC), and other
species that may warrant special attention in your project location. & 11'1-'
The migratory bird list generated for your project is derived from data provided by the Avian Knowledge
Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science
datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid
cell(s) which your project intersects, and that have been identified as warranting special attention because
they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a
particular vulnerability to offshore activities or development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area.
It is not representative of all birds that may occur in your project area. To get a list of all birds potentially
present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool.
t.
What if I have eagles yomy 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. Please contact your local Fish and Wildlife Service Field Office if
you have questions.
Migratory birds
Certain birds are protected under the Migratory Bird Treaty Act' and the Bald and Golden
Eagle Protection Act2.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats' should follow appropriate regulations and
consider implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
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2. The Bald and Golden Eagle Protection Act of 1940.
Additional information can be found using the following links:
• Eagle Management https://www.tws.gov//program/eagle-management
• Measures for avoiding and minimizing impacts to birds
https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take-
migratory-birds
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
• Supplemental Information for Migratory Birds and Eagles in IPaC
https://www.fws.gov/media/supplemental-information-migratory-birds-and-bald-and-
golden-eagles-may-occur-project-action
The birds listed below are birds of particular concern either because they occur on theA
USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your h %
project location. To learn more about the levels of concern for birds on your list and how
this list is generated, see the FAQ . This is not a list of every bird you may find in this
location, nor a guarantee that every bird on this list will be found in your project area. To see
exact locations of where birders and the general public have sighted birds in and around
your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date
range and a species on your list). For projects that occur off the Atlantic Coast, additional
maps and models detailing the relative occurrence and abundance of bird species on your
list are available. Links to additional information about Atlantic Coast birds, and other
important information about your migratory bird list, including how to properly interpret and
use your migratory bird report, can be found below.
For guidance on when to schedule activities or implement avoidance and minimization
measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF
PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be
present and breeding in your project area.
NAME
American Kestrel Falco sparverius paulus
This is a Bird of Conservation Concern (BCC) only in particular
Bird Conservation Regions (BCRs) in the continental USA
https://ecos.fws.gov/ecp/species/9587
Bald Eagle Haliaeetus leucocephalus
This is not a Bird of Conservation Concern (BCC) in this area,
but warrants attention because of the Eagle Act or for potential
susceptibilities in offshore areas from certain types of
development or activities.
BREEDING SEASON
Breeds Apr 1 to Aug 31
Breeds Sep 1 to jul 31
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Brown -headed Nuthatch Sitta pusilla
IPaC: Explore Location resources
Breeds Marl to jul 15
This is a Bird of Conservation Concern (BCC) only in particular
Bird Conservation Regions (BCRs) in the continental USA
Chimney Swift Chaetura pelagica
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Eastern Whip -poor -will Antrostomus vociferus
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Prairie Warbler Dendroica discolor
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Prothonotary Warbler Protonotaria citrea
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Probability of Presence Summary
Breeds Mar 15 to Aug 25
Breeds May 1 to Aug 20
Breeds May 1 to Jul 31 44
Breeds Apr 1 to Jul 31
l_
Breeds May 10 to Sep 10
Breeds May 10 to Aug 31
The graphs below provide our best understanding of when birds of concern are most likely
to be present in your project area. This information can be used to tailor and schedule your
project activities to avoid or minimize impacts to birds. Please make sure you read and
understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before
using or attempting to interpret this report.
Probability of Presence( )
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s)
your project overlaps during a particular week of the year. (A year is represented as 12 4-
week months.) A taller bar indicates a higher probability of species presence. The survey
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effort (see below) can be used to establish a level of confidence in the presence score. One
can have higher confidence in the presence score if the corresponding survey effort is also
high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events
for that week. For example, if in week 12 there were 20 survey events and the Spotted
Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in
week 12 is 0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week
12 (0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
0% % N
To see a bar's probability of presence score, simply hover your mouse cursor over the bar.
Breeding Season( )
i 1
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds
across its entire range. If there are no yellow bars shown for a bird, it does not breed in your
project area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of
surveys performed for that species in the 10km grid cell(s) your project area overlaps. The
number of surveys is expressed as a range, for example, 33 to 64 surveys.
To see a bar's survey effort range, simply hover your mouse cursor over the bar.
No Data ( )
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are
based on all years of available data, since data in these areas is currently much more sparse.
probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
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American ++++ +++++++ ++++ + •+++ ++++ ++++ ++++ ++++ ++++
Kestrel
BCC - BCR
Bald Eagle ++++ ++++ ++++ ++++ + I I I I 1 1 •+++ +++0 ++++ ++++ ++++ ++++
Non -BCC
Vulnerable
Brown -headed 1111 1111 1111 1�1� 1111 111�'�11 1111 1111 1111 1111 1'11
Nuthatch
BCC - BCR
Chimney Swift I 1-++ 1 1 1 BCC Rangewide q1A pill 2A 111+ 11 . . ++++ ++++ ++++
(CON)
Eastern Whip- +++++
poor -will
BCC Rangewide
(CON)
Prairie Warbler
.0e
BCC Rangewide ++++ ++++ ++i l III 1 11 11 I I I I 11 1 1+++* +++ ++N + ++ ++++
(CON)
Prothonotary ++++ +i l l F+i l 1 I 1 I 1 1 1 I ill IF + +++++ ++++ ++++
Warbler MENE
BCC Rangewide
(CON)
Red-headed ++++ ++++ ++++ +++ +i 'r++ +++, +1++ ++++ ++++ ++++
Woodpecker
BCC Rangewide
(CON)
Wood Thrush F+++ ++++ ++++ ffil++++ ++ F+ ++++ ++++
BCC Rangewide
(CON) 001
Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory
birds.
Nationwide Conserve in Measures describes measures that can help avoid and minimize impacts to all
birds at any location year round. Implementation of these measures is particularly important when birds
are most likely to occur in the project area. When birds may be breeding in the area, identifying the
locations of any active nests and avoiding their destruction is a very helpful impact minimization measure.
To see when birds are most likely to occur and be breeding in your project area, view the Probability of
Presence Summary. Additional measures or permits may be advisable depending on the type of activity
you are conducting and the type of infrastructure or bird species present on your project site.
What does IPaC use to generate the list of migratory birds that potentially occur in my specified
location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC), and other
species that may warrant special attention in your project location.
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The migratory bird list generated for your project is derived from data provided by the Avian Knowledge
Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science
datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid
cell(s) which your project intersects, and that have been identified as warranting special attention because
they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a
particular vulnerability to offshore activities or development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area.
It is not representative of all birds that may occur in your project area. To get a list of all birds potentially
present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds potentially
occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data provided by
the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey., banding, and
citizen science datasets.
Probabilityof presence data is continuous) being updated as new and better information becomes
P Y g P
available. To learn more about how the probability of presence graphs are produced and how to interpret
them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link.
How do I know if a bird is breeding, wintering or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering,
migrating or year-round), you may query your location using the RAIL Tool and look at the range maps
provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird
on your migratory bird species list has a breeding season associated with it, if that bird does occur in your
project area, there may be nests present at some point within the timeframe specified. If "Breeds
elsewhere" is indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their
range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin
Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in
the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either
because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in
offshore areas from certain types of development or activities (e.g. offshore energy development or
longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in
particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of
rangewide concern. For more information on conservation measures you can implement to help avoid and
minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
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For additional details about the relative occurrence and abundance of both individual bird species and
groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data
Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to
you in your project review. Alternately, you may download the bird model results files underlying the portal
maps through the NOAA NCCOS IntegrativE catistical Modeling and Predictive Mapping of Marine Bird
Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use throughout the
year, including migration. Models relying on survey data may not include this information. For additional
information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact
Caleb Spiegel or Pam Loring.
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. \0\4
Proper Interpretation and Use of Your Migratory Bird Report ir
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.
Facilities
National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system must
undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the
individual Refuges to discuss any questions or concerns.
There are no refuge lands at this location.
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Fish hatcheries
There are no fish hatcheries at this location.
Wetlands in the National Wetlands Inventory
(NWI)
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under
Section 404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to
determine the actual extent of wetlands on site. OP&&
This location overlaps the following wetlands: �N
k�O
FRESHWATER POND
PUBHh
A full description for each wetland code can be found at the National Wetlands Inventory_
website
0011
NOTE: This initial screening does not replace an on -site delineation to determine whether
wetlands occur. Additional information on the NWI data is provided below.
Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level
information on the location, type and size of these resources. The maps are prepared from the analysis of
high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A
margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular
site may result in revision of the wetland boundaries or classification established through image analysis.
The accuracy of image interpretation depends on the quality of the imagery, the experience of the image
analysts, the amount and quality of the collateral data and the amount of ground truth verification work
conducted. Metadata should be consulted to determine the date of the source imagery used and any
mapping problems.
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Wetlands or other mapped features may have changed since the date of the imagery or field work. There
may be occasional differences in polygon boundaries or classifications between the information depicted
on the map and the actual conditions on site.
Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the limitations of
aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or
submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and
nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also
been excluded from the inventory. These habitats, because of their depth, go undetected by aerial
imagery.
Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe
wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or
products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local
government or to establish the geographical scope of the regulatory programs of government agencies.
Persons intending to engage in activities involving modifications within or adjacent to wetland areas should
seek the advice of appropriate Federal, state, or local agencies concerning specified agency regulatory
programs and proprietary jurisdictions that may affect such activities.
�o�
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SAW-2023-00786
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2023-00786 County: Johnston U.S.G.S. Quad: NC -Selma
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Requestor: Brown Environmental Group, Inc
Wyatt Brown
Telephone Number: 919-524-5956
E-mail: brownenvgr 0i mail.com
Size (acres) —52 Nearest Town Wilson's Mills
Nearest Waterway Poplar Creek River Basin Neuse
USGS HUC 03020201 Coordinates Latitude: 35.58287
Longitude:-78.36762
Location description: The property is located at 5081 Wilsons Mill Road, Wilson's Mills, North Carolina. The proiect area
consists of Johnston Countv nronertv Darrel PIN 168600-77-4976. This document onlv aDDlies to the area labeled "AJD Area"
on the attached may.
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 DATE. Therefore this preliminary jurisdiction determination
may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of
impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a
preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they
are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable
action, by contacting the Corps district for further instruction.
❑ There appear to be WATERS 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 WATERSon 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 DATE. We strongly suggest you have
this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey

SAW-2023-00786
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 onDATE. Unless there is a change in the law or our published regulations, this determination may be
relied upon for a period not to exceed five years from the date of this notification.
❑X 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 (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Matthew K. Martin at [phone] or
Matthew.KMartin(a)usace. army.mil.
C. Basis For Determination: Basis For Determination: See the approved jurisdictional determination
form dated 08/23/2023.
D. Remarks: N/A
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. SHANNINgUSACE.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 10/22/2023.
**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: 08/23/2023 Expiration Date of JD: 08/21/2028

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Brown Environmental Group, Inc,
File Number: SAW-2023-00786
Date: 08/23/2023
W att Brown
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
0
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: Matthew K. Martin
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
[e-mail]
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:

US ARMY CORPS OF ENGINEERS (USACE)
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
2023 RULE
OMB Control Number: 0710-0024
Expiration Date: 09/30/2023
AGENCY DISCLOSURE NOTICE
The public reporting burden for this collection of information, 0710-0024, is estimated to average 4 hours per response,
including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed,
and completing and reviewing the collection of information. Send comments regarding the burden estimate or burden
reduction suggestions to the Department of Defense, Washington Headquarters Services, at whs.mc-alex.esd.mbx.dd-
[e-mail]. Respondents should be aware that notwithstanding any other provision of law, no
person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently
valid OMB control number.
I. ADMINISTRATIVE INFORMATION
Completion Date of Approved Jurisdictional Determination (AJD): 8/23/2023
ORM Project Name: Toler Tract / Wilsons Mills
ORM Identification Number: SAW-2023-00786
❑ Other sites (e.g., offsite mitigation sites, disposal sites or other review areas, etc.) are associated with
this action and are recorded on a different jurisdictional determination (JD) form(s).
Associated JD Names and Numbers: N/A
Review Area Location: State/Territory: NC City: Wilsons Mills
County/Parish/Borough: Johnston
Center Coordinates of Review Area: Latitude: 35.58287 ° N, Longitude:-78.36762 ' W
Limits of review area: See Attached Map, review is limited to area labeled "AJD Area"
II. SUMMARYZ
Check all that apply. At least one box from the following list MUST be selected. Complete the
corresponding tables in Section III., summarize data sources in Section IV., and attach completed
Appendices A and/or B when specified.
❑ The review area is comprised entirely of dry land (i.e., there are no waters such as streams, rivers,
wetlands, lakes, ponds, tidal waters, ditches, and the like in the entire review area). Rationale: Provide
Rationale for Dry Land Determination
❑ There are "navigable waters of the United States" within Rivers and Harbors Act jurisdiction within the
review area (complete the table in Section III.A.).
❑ There are "waters of the United States" within Clean Water Act jurisdiction within the review area
(complete appropriate tables in Section III.B. and complete and attach appendices as appropriate).
❑X Potentially jurisdictional waters and/or features were assessed within the review area and determined to
be non jurisdictional (complete appropriate tables in Section III.C. and complete and attach appendices as
appropriate).
The final rule "Revised Definition of `Waters of the United States"' (2023 Rule) was published in the Federal Register on
18 January 2023 and the effective date is 20 March 2023. See
https://www.federalregister.gov/documents/2023/01 /18/2022-28595/revised-definition-of-waters-of-the-united-states.
2 Map(s)/figure(s) or descriptions of the review area and any jurisdictional waters are attached to the AJD provided to the
requestor.

US ARMY CORPS OF ENGINEERS (USACE)
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
2023 RULE
III. FINDINGS IN THE REVIEW AREA
A. Jurisdictional under the Rivers and Harbors Act of 18991 (Section 10)4
Section 10 Waters
Section 10 water name
Section 10 size in
review area
Type of Section 10 water
.1A
N/A
Rationale for determination: N/A
B. Jurisdictional under the Clean Water Act
Paragraph (a)(1) waters:5 Waters which are: (i) Currently used, or were used in the past, or may be
susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and
flow of the tide (Traditional Navigable Waters); (ii) The territorial seas; or (iii) Interstate waters, including
interstate wetlands
(a)(1) water name
(a)(1) size in review
Type of paragraph (a)(1) water
area
N/A
N/A
N/A
Rationale for determination: N/A
Paragraph (a)(2) waters: Impoundments of waters otherwise defined as waters of the United States under
this definition, other than impoundments of waters identified under paraciraph (a)(5)
(a)(2) water name
(a)(2) size in review
area
Type of paragraph (a)(2) water
N/A
N/A
Rationale for determination: N/A
3 If the navigable water of the United States is not subject to the ebb and flow of the tide and not included on the district's
list of Rivers and Harbors Act (RHA) Section 10 navigable waters of the United States list do NOT use this form 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 procedure 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 Rivers and Harbors Act.
4 USACE has authority under both Section 9 and Section 10 of the Rivers and Harbors Act of 1899 but for convenience, in
this AJD form, jurisdiction under RHA will be referred to as Section 10.
5 A stand-alone TNW determination for a water that is not subject to Section 9 or 10 of 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. A stand-alone
TNW determination should be completed following applicable guidance and should NOT be documented on the AJD
Form.

US ARMY CORPS OF ENGINEERS (USACE)
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
2023 RULE
Paragraph (a)(3) waters: Tributaries of waters identified in paragraph (a)(1) or (2): (i) That are relatively
permanent, standing or continuously flowing bodies of water; or (ii) That either alone or in combination with
similarly situated waters in the region, significantly affect the chemical, physical, or biological integrity of
waters identified in paracraph (a)(1)
(a)(3) water name
(a)(3) size in review
Type of paragraph (a)(3) water
area
,v/A
N/A
N/A
Rationale for determination: N/A
Paragraph (a)(4) waters: Wetlands adjacent to the following waters: (i) Waters identified in paragraph
(a)(1); or (ii) Relatively permanent, standing or continuously flowing bodies of water identified in paragraph
(a)(2) or (a)(3)(i) and with a continuous surface connection to those waters; or (iii) Waters identified in
paragraph (a)(2) or (3) when the wetlands either alone or in combination with similarly situated waters in
the region, significantly affect the chemical, physical, or biological integrity of waters identified in paragraph
(a)(1)
(a)(4) water name
(a)(4) size in review area
Adjacency criteria
N/A
Type of paragraph
N/A
(a)(4) water
Rationale for determination: N/A
Paragraph (a)(5) waters: Intrastate lakes and ponds, streams, or wetlands not identified in paragraphs
(a)(1) through (4): (i) That are relatively permanent, standing or continuously flowing bodies of water with a
continuous surface connection to the waters identified in paragraph (a)(1) or (a)(3)(i); or (ii) That either alone
or in combination with similarly situated waters in the region, significantly affect the chemical, physical, or
biological integrity of waters identified in paraciraph (a)(1).6
(a)(5) water name
(a)(5) size in review area
Type of paragraph (a)(5) water
IV/!l
Rationale for determination: N/A
6 In implementing the significant nexus standard, the agencies generally intend to analyze waters under paragraph (a)(5)
individually to determine if they significantly affect the chemical, physical, or biological integrity of a paragraph (a)(1)
water.

US ARMY CORPS OF ENGINEERS (USACE)
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
2023 RULE
C. Waters or features that are not jurisdictional under the Clean Water Act
Waters analyzed under paragraph (a)(3)(ii), (a)(4)(iii), or (a)(5)(ii) and determined non jurisdictional:
Tributaries of waters identified in paragraph (a)(1) or (2); and/or wetlands adjacent to waters identified in
paragraph (a)(2) or (3); and/or intrastate lakes and ponds, streams, or wetlands not identified as (a)(1)
through (4) waters; that either alone or in combination with similarly situated waters in the region, do not
significantly affect the chemical, physical, or biological integrity of waters identified in paragraph (a)(1).
Water name
Water size in
Type of water for which significant nexus was not met:
review area
J/A
N/A
I N/A
N/A
Rationale for determination: N/A
(b)(1) — (b)(8) Excluded Features'
Excluded feature name
Excluded feature size in
Exclusion$
review area
Open Water
0.041
Acre(s)
(b)(1) Waste treatment systems, including treatment
ponds or lagoons, designed to meet the
requirements of the Clean Water Act
Rationale for determination: N/A
IV. SUPPORTING INFORMATION
A. Paragraph (a)(1) water that is outside the review area:
a. Provide the name of the paragraph (a)(1) water: N/A or Name of (a)(1) Water.
b. Type of paragraph (a)(1) water: N/A.
c. Provide the rationale for jurisdiction of the paragraph (a)(1) water: N/A or Provide Additional
Discussion as Appropriate.
B. Significant nexus analyses
❑ Appendix A is attached and includes the significant nexus analysis for any waters in the review area that
were evaluated under paragraph (a)(3)(ii) and/or paragraph (a)(4)(iii).
❑ Appendix B is attached and includes the significant nexus analyses for any waters in the review area
that were evaluated under paragraph (a)(5)(ii).
❑ There are no waters in the review area that require evaluation under the significant nexus standard.
Therefore, neither Appendix A nor Appendix B are included with this form
Transient features on the landscape that are difficult to document due to their non -permanent nature, such as rills and
gullies, may not be specifically identified on the AJD form unless a requestor specifically asks a USACE district to do so.
USACE districts may, in case -by -case instances, elect to document any such feature on a case -by -case basis, such as
when the feature is relevant to analysis of the jurisdictional status of another water.
8 Note the full text of the exclusions for (b)(1)-(6) and (b)(8) are included in the dropdown list, while the text for the (b)(7)
exclusion is truncated due to space limitations. The full text of the (b)(7) exclusion is as follows: (b)(7) Waterfilled
depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose of
obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting
body of water meets the definition of waters of the United States

US ARMY CORPS OF ENGINEERS (USACE)
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
2023 RULE
C. Data, models, and other relevant methods Select/enter all resources that were used to support this
determination and include data/maps and/or references/citations in the administrative record, as
appropriate.
❑X Aquatic resources delineation submitted by, or on behalf of, the requestor: Wyatt Brown, Brown
Environmental Group, Inc. 04/11/23
The aquatic resources delineation submitted by or on behalf of the requestor is sufficient for purposes
of this AJD Yes
Rationale: N/A
❑ Aquatic resources delineation prepared by the USACE: Title(s) and Date(s)
❑ Wetland field data sheets prepared by the USACE: Title(s) and Date(s)
❑ OHWM data sheets prepared by the USACE: Title(s) and Date(s)
❑X USACE site visit: Date(s) of site visit(s): 05/10/23, Matt Martin USACE
❑ Previous Jurisdictional Determinations (AJDs or PJDs) addressing the same (or portions of the same)
review area: ORM Number(s) and Date(s)
❑ Photographs: Source(s), Title(s) and Date(s)
❑X Aerial Imagery: Johnston County GIS aerial, 2021
❑ LiDAR: Source(s), Title(s) and Date(s)
❑X USDA NRCS Soil Survey: Johnston County Soil Survey, 10/1994
❑ USFWS NWI maps: Title(s) and Date(s)
❑X USGS topographic maps: Selma Quad, 2019
❑ USGS NHD data/maps: Title(s) and Date(s)
❑ USGS Dynamic Surface Water Extent: Title(s) and Date(s)
❑ Section 10 navigability resource used: Title(s) and Date(s)
Other data sources or models used to aid in this determination:
Data source or model (Select)
Name, date, and other relevant information
USGS Sources
N/A
USEPA Sources
N/A
USDA Sources'
N/A
NOAA Sources
N/A
USACE Sources
N/A
State/Local/Tribal Sources
N/A
Other Sources
N/A
D. Additional comments to support AJD: N/A or Provide Additional Discussion as Appropriate.
9 Including Certified Wetland Determination from the NRCS.

A
j"
fie
Additional Wetland Area
0.50 Acres
VV
--,� /,� IPA
low,

DocuSign Envelope 10: F6C1E4F3-49CFAA71-9ED8-F6955A675D89
ROY COOPER
Governor
ELIZABETH S. BISER.
Secretary
RICHARD E. ROGERS, JR.
Director
Charles and Leah Gordon
276 Benning Cir
Clayton, NC 27527
NORTI1 CAROLINA
Environmental Quality
October 12, 2022
Subject: Buffer Determination Letter
NBRRO # 22-389
Johnston
Determination Type:
Buffer
Intermittent/Perennial
® Neuse (15A NCAC 2B .0714)
❑ Tar -Pamlico (15A NCAC 2B .0734)
❑ Intermittent/Perennial Determination (where local
buffer ordinances apply)
❑ Jordan (15A NCAC 2B .0267) (governmental
and/or interjurisdictional projects)
Project Name
Toler Tract
Address/Location: 5081 Wilson's Mills Rd., NC
Stream(s); UTs to Little Poplar Creek
Determination Date: October 11, 2022 Staff:./. Chris Smith
Feature
E/I/Pm
Not rat
Subject
Subject
Start @
Stop @
Soil
Survey
USGS
To o
A
P
X
Present Throughout
X
X
B
t
X
Present Throughout
X
X
C
NP
X
N/A
X
Pond 1
NIA
X
N/A
X
(1) E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, N/A=Not Applicable
(2) Refers to State riparian buffer rules only. Stream, wetland, or pond impacts are still subject to applicable water
quality standards and permitting requirements.
Explanation: The streams)/pond(s) listed above has been located on the most recent published NRCS Soil Survey
of Johnston County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1: 24,000 scale.
Each feature that is checked "Not Subject" has been determined to not be an intermittent stream, perennial stream, a
pond connected to a stream feature, or the feature is determined not to be present. Stream features that are checked
"Subject" have been located on the property and possess characteristics that qualify them to be subject to the buffer
rules. There may be other streams located on the property that are not depicted on the maps referenced above and
are therefore not subject to the buffer rules. However, if the stream features are present on the tract they are subject

DocuSign Envelope 10: F6C1E4F3-49CFAA71-9ED8-F6955A675D89
Toler Tract
Johnston
October 12, 2022
Page 2 of 2
to all other applicable North Carolina stream standards and permitting requirements as outlined in 15A NCAC 42B,
and may be considered jurisdictional according to the US Army Corps of Engineers.
This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWR may request a determination by the Director. An
appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the
Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Paul Wojoski; DWR
— 401 & Buffer Permitting Unit; I617Mai! Service Center; Raleigh, NC 27699-1617. If sending via delivery
service (UPS, FedEx, etc): Paul Wojoski; DWR — 401 & Buffer Permitting Unit; 512 N. Salisbury Street;
Raleigh, NC 27604.
This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60)
days.
This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884.
If you have questions regarding this determination, please feel free to contact J. Chris Smith at [phone].
Sincerely,
Es
Oocu5igned by:
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BCDA8ne2604A46d
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: Laserfiche
Contact via e-mail at brownenvgMg)gmail.com
North Carolina Department of Environmental Quality 1 Division of Water Resources i Raleigh Regional office
3800 Barrett Drive 1 1628 Mail Service Center I Rai eigh, North Carolina 27699-1628
919,791,4200

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