SAW-2024-00179 PJD verification_20240529

DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT
ASHEVILLE FIELD OFFICE
151 PATTON AVE ROOM 208
ASHEVILLE NORTH CAROLINA 28801
May 29, 2024

Regulatory Division
SAW-2024-00179

Sent Via email: [e-mail]

321 Dwell Inc
Attn: Elijah Lucas Ward
6351 Wildwood Trail
Denver, North Carolina 28037

Dear Mr. Ward:

This letter is in response to your request to the Wilmington District, Asheville Field
Office for a preliminary jurisdictional determination (PJD). The project/review area is
located off Thomas Valley Road, at Latitude 35.382010 and Longitude -83.298800; in
Whittier, Jackson County, North Carolina. The review area for this determination is
limited to an approximately 47.69 acre(s) area, which is illustrated on the enclosed site
maps. This project has been assigned the file number SAW-2024-00179 (Thomas
Valley Road Driveway). This file number should be referenced in all correspondence
concerning this project.

Based on our review of the information you furnished and other information available
to our office, we have preliminarily determined the above -referenced area may contain
approximately 1.487 acre(s) of waters of the United States under the U.S. Army Corps
of Engineers (Corps) regulatory jurisdiction. These waters are identified in the enclosed
site maps, Wetland and Stream Map Figure 5 dated December 8, 2023, and include
streams SA, SB, SC, SD, SE, SFS, SG, SH, and SJ as well as wetlands WA, WB, WC,
WD, WE, WF, WG, WH, WJ, WK, and WM. This determination was made in
accordance with the Corps regulatory authority pursuant to Section 404 of the Clean
Water Act, and based upon criteria contained in the 1987 Corps of Engineers Wetland
Delineation Manual and the Eastern Mountains and Piedmont regional supplement.

Section 404 of the Clean Water Act requires a Department of the Army (DA) permit
be obtained prior to the discharge of dredged or fill material into waters of the United
States, including wetlands. Section 10 of the Rivers and Harbors Act of 1899 requires a
DA permit be obtained for any work in, on, over or under navigable waters of the United
States.

For purposes of computation of impacts, compensatory mitigation requirements, and
other resource protection measures, a permit decision made based on a preliminary

jurisdictional determination will treat all waters including 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 jurisdictional determination, which is an appealable action, by
contacting the Corps district for further instruction s. Please sign and return the
attached PJD form within 30 days of receipt. If a signed PJD form is not received within
30 days of the date of this letter, the Corps will presume concurrence.

This determination has been conducted to identify the limits of Corps’ Clean Water
Act jurisdiction for the review area identified in this request. The 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.

You are cautioned that work performed in areas which may be waters of the United
States, as indicated in the preliminary JD, without a Department of the Army permit
could subject you to enforcement action.

If you have any questions concerning this correspondence, please contact Shannon
Healy, Regulatory Specialist of the Asheville Field Office at 828-271-7980 ext. 4233, by
mail at the above address, or by email at [e-mail]. Please take
a moment to complete our customer satisfaction survey located at
https://regulatory.ops.usace.army.mil/customer-service-survey/.

Sincerely,

Shannon Healy
Regulatory Specialist

Enclosures

cc: McKenzie Beyer, ClearWater, An EnviroScience Company (via email)

ENG FORM 6249, NOV 2023 Page 1 of 3

U.S. Army Corps of Engineers (USACE)
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD)
For use of this form, see Sec 404 CWA, Sec 10 RHA, Sec 103 MPRSA; the proponent agency is CECW-COR.
Form Approved -
OMB No. 0710-0024
Expires 2024-04-30
DATA REQUIRED BY THE PRIVACY ACT OF 1974
Authority Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research, and
Sanctuaries Act, Section 103, 33 USC 1413; Regulatory Program of the U.S. Army Corps of Engineers; Final Rule for 33 CFR
Parts 320-332.
Principal Purpose The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources
within the review area that may be subject to federal jurisdiction under the regulatory authorities referenced above.
Routine Uses This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the
public, and may be made available as part of a public notice or FOIA request as required by federal law. Your name and property
location where federal jurisdiction is to be determined will be included in any resulting jurisdictional determination (JD), which
may be made available to the public on the District's website and/or on the Headquarters USACE website.
Disclosure Submission of requested information is voluntary; however, if information is not provided, the request for a JD cannot be evaluated
nor can a PJD be issued.
The Agency Disclosure Notice (ADN)
The public reporting burden for this collection of information, 0710-0024, is estimated to average 25 minutes 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 [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.
SECTION I - BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 5/29/2024
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Attn: Elijah Lucas Ward
6351 Wildwood Trail, Denver, North Carolina 28037
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
Wilmington, Thomas Valley Road Driveway, SAW-2024-00179
D. PROJECT LOCATION AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: North Carolina County/Parish/Borough: Jackson City: Whittier

Center coordinates of site (lat/long in degree decimal format): Latitude: 35.382010° Longitude: -83.298800°
Universal Transverse Mercator: NAD 83
Name of nearest waterbody: Barkers Creek

E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):

☒ Office (Desk) Determination. Date: 5/29/2024
☐ Field Determination
Date(s):

ENG FORM 6249, NOV 2023 Page 2 of 3

TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION.

Site Number Latitude
(decimal
degrees)
Longitude
(decimal degrees)
Estimated amount of aquatic
resources in review area
(acreage and linear feet, if
applicable
Type of aquatic resources (i.e.,
wetland vs. non-wetland
waters)
Geographic authority to which
the aquatic resource “may be”
subject (i.e., Section 404 or
Section 10/404)
SA 35.379424 -83.297978 1474 LF (0.450 Ac) Non-Wetland Waters Section 404
SB 35.382529 -83.2988 1235 LF (0.258 Ac) Non-Wetland Waters Section 404
SC 35.382367 -83.298099 53 LF (0.008 Ac) Non-Wetland Waters Section 404
SD 35.380411 -83.299243 1023 LF (0.125 Ac) Non-Wetland Waters Section 404
SE 35.380609 -83.300322 272 LF (0.035 Ac) Non-Wetland Waters Section 404
SF 35.380573 -83.300098 57 LF (0.009 Ac) Non-Wetland Waters Section 404
SG 35.379024 -83.300373 1454 LF (0.142 Ac) Non-Wetland Waters Section 404
SH 35.379436 -83.301693 131 LF (0.014 Ac) Non-Wetland Waters Section 404
SJ 35.378908 -83.301652 370 LF (0.049 Ac) Non-Wetland Waters Section 404
WA 35.382953 -83.300755 0.003 Wetland Section 404
WB 35.382139 -83.297407 0.004 Wetland Section 404
WC 35.381461 -83.297468 0.203 Wetland Section 404
WD 35.380198 -83.298096 0.119 Wetland Section 404
WE 35.379929 -83.298209 0.007 Wetland Section 404
WF 35.379897 -83.29862 0.019 Wetland Section 404
WG 35.380668 -83.300153 0.004 Wetland Section 404
WH 35.380753 -83.300578 0.001 Wetland Section 404
WJ 35.378833 -83.301961 0.005 Wetland Section 404
WK 35.378933 -83.301389 0.008 Wetland Section 404
WM 35.378532 -83.298785 0.025 Wetland Section 404
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby
advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed
the various types of JDs and their characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit
verification requiring "preconstruction notification" (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit
applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has selected to seek a
permit authorization based on a PJD or no JD whatsoever, which do not make an official determination of jurisdictional aquatic resources; (2) the
applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has
the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authoriza tion; (4) the
applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that per mit, including whatever
mitigation requirements the USACE has determined to be necessary; (5) undertaking any activity in reliance upon the subject p ermit authorization
without requesting an AJD constitutes the applicant's acceptance of the use of the PJD or reliance on no JD whatsoever; (6) accepting a permit
authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of USACE permit authorization based on
a PJD or no JD whatsoever constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as
jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement act ion, or in any
administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon
as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individ ual permit denial can be
administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official
determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official del ineation of jurisdictional
aquatic resources in the review area, the USACE will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there
"may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in
the review area that could be affected by the proposed activity, based on the following information:
F. SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items:
☒ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Wetland and Stream Map Figure 5 dated 12/8/2023

☒ Data sheets prepared/submitted by or on behalf of the PJD requestor.
☒ Office concurs with data sheets/delineation report.
☐ Office does not concur with data sheets/delineation report.

ENG FORM 6249, NOV 2023 Page 3 of 3

Rationale:
☐ Data sheets prepared by the USACE:

☐ Corps navigable waters' study:
☒ U.S. Geological Survey Hydrologic Atlas:

☐ USGS NHD data.

☐ USGS 8 and 12 digit HUC maps.

☒ U.S. Geological Survey map(s). Cite scale & quad name:

1:24,000 Scale; Whittier Quad

☐ USDA Natural Resources Conservation Service Soil Survey.
Citation:

☒ National Wetlands Inventory map(s).

☐ State/Local Wetland Inventory map(s):

☐ FEMA/FIRM maps:

100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
☒ Photographs: ☒ Aerial (Name & Date): NCCGIA 2019 (CW Photolog: February 8, 2023)
or ☐ Other (Name & Date):

☐ Previous determination(s). File no. and date of response letter:

☐ Other information (please specify):

IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the USACE and should not be relied upon
for later jurisdictional determinations.
Name of Regulatory Staff Member Completing PJD
Shannon Healy
Date
5/29/2024
Signature of Regulatory Staff Member Completing PJD

Name of Person Requesting PJD Date Signature of Person Requesting PJD (REQUIRED, unless
obtaining the Signature is Impracticable
Signature on file
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the
district may presume concurrence and no additional follow up is necessary prior to finalizing an action.

-1-

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL

Applicant: Attn: Elijah Lucas Ward, 321 Dwell Inc File Number: SAW-2024-00179 Date: 5/29/2024
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
☐ 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 - 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.

-2-

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
may contact:

District Engineer, Wilmington Regulatory Division
Attn: Shannon Healy
Wilmington District U.S. Army Corps of Engineers
151 Patton Ave Room 208
Asheville, North Carolina 28801
If you have questions regarding the appeal process, or
to submit your request for appeal, you may contact:

Krista Sabin
Regulatory Administrative Appeal Review Officer
U.S. Army Corps of Engineers
South Atlantic
60 Forsyth Street Room M9
Atlanta, Georgia 30303-8801

Phone: [phone]
Email: [e-mail]
SECTION II – REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT

-3-

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.

_______________________________
Signature of appellant or agent.
Date:
Email address of appellant and/or agent: Telephone number:
0 200 400100 Feet
0 40 80 12020 Meters
SA
SB
SD
SFSE
SGSH
SJ
WC
WD
WE
WG
WM
DP-
W
E
T
Potential Wetland
Waters of the US
WA - (0.003 Ac)
WB - (0.004 Ac)
WC - (0.203 Ac)
Potential Non-Wetland
Waters of the US
SD - 1023 L.F. (0.125 Ac)
SE - 272 L.F. (0.035 Ac)
SF - 57 L.F. (0.009 Ac)
SG - 1454 L.F. (0.142 Ac)
SH - 131 L.F. (0.014 Ac)
SJ - 370 L.F. (0.049 Ac)
Potential Wetland
Waters of the US
WD - (0.119 Ac)
WE - (0.007 Ac)
WF - (0.019 Ac)
WG - (0.004 Ac)
WH- (0.001 Ac)
WJ - (0.005 Ac)
WK - (0.008 Ac)
WM - (0.025 Ac)
Author: MKB Date: 12/08/2023 Project #: 17449
Wetland and Stream Map
Delineated on 02/08/2023
Figure 5
Project Boundary
Wetland
Stream
Culvert
Contours 4 ft
Data Forms
Project Boundary
Jurisdictional wetlands and waters identified on this map have been located within sub-
meter accuracy utilizing a Trimble mapping grade Global Positioning System (GPS) and
the subsequent differential correction of that data. GPS points may demonstrate
uncorrectable errors due to topography, vegetative cover, and/or multipath signal error.
Note: The illustrated wetland and stream locations are approximate. These areas have
been flagged in the field; however, they have not been surveyed. Although
EnviroScience is confident in our assessment, the US Army Corps of Engineers (Corps)
is the only agency that can make final decisions regarding jurisdictional wetland and
waters of the US delineations. Therefore, all preliminary determinations are subject to
change until written verification is obtained. EnviroScience strongly recommends that
written verification be obtained from the Corps prior to closing on the property, beginning
any site work, or making any legal reliance on this determination.
This map was prepared by EnviroScience using the best information available to
EnviroScience at the time of production. This map is for informational purposes only and
should not be used to determine precise boundaries, roadways, property boundary lines,
nor legal descriptions. This map shall not be construed to be an official survey of any
data depicted.
Source Data: Project Boundary - Jackson County; Contours and Aerial Imagery - NC
OneMap
DP-
U
P
L
SA
Potential Non-Wetland
Waters of the US
SA - 1474 L.F. (0.450 Ac)
SB - 1235 L.F. (0.258 Ac)
SC - 53 L.F. (0.008 Ac)
Ba
s
e
m
a
p

c
o
u
r
t
e
s
y

o
f

N
C

O
n
e
M
a
p

(
2
0
1
9
)
.
NAD 1983 2011 StatePlane North Carolina FIPS 3200 Ft US
Jackson A-Frames
(+/- 47.69 Ac)
Jackson County, NC.±
SC
SD
SG
WA
WB
WF
WH
WJ WK
Linear
Feet
Acres
(stream bed)Acres
SA 1474 0.450 WA 0.003
SB 1235 0.258 WB 0.004
SC 53 0.008 WC 0.203
SD 1023 0.125 WD 0.119
SE 272 0.035 WE 0.007
SF 57 0.009 WF 0.019
SG 1454 0.142 WG 0.004
SH 131 0.014 WH 0.001
SJ 370 0.049 WJ 0.005
WK 0.008
WM 0.025
Total 6,069 1.090 Total 0.397
Potentially Jurisdictional Waters of the US
Stream Wetland