SW4240902_Wetland Determination/Report_20241004

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-01557 County:Davidson U.S.G.S. Quad:NC-Welcome
GENERAL PERMIT (REGIONAL AND NATIONWIDE)VERIFICATION
Permittee: Clinard Farm Partners,LLC
Robert Kye Bunker
Address: 3608 W.Friendly Ave,Suite 202
Greensboro,NC 27410
Telephone Number: 919-279-7280
E-mail: kye(aleoterradevelopment.com
Size(acres) 204.6 Nearest Town Lexington
Nearest Waterway Fryes Creek River Basin Upper Pee Dee
USGS HUC 03040101 Coordinates Latitude:35.969137
Longitude:-80.277591
Location description: The review area is located The review area is located on the east side of Mt.Olivet Church Road;
approximately 1.1 miles north of the intersection of Mt.Olivet Church Road and Community Road.PINs: 6820-01-29-1719
and 6821-03-40-1560.Reference review area description shown in Pre-Construction Notification entitled"Figure 1,USGS
Topo Map"and Printed Date of 06/06/2018.
Description of projects area and activity: This verification authorizes the permanent impacts to 115 linear feet of stream channel
along with temporary impacts to 15 linear feet of stream channel and 0.05 acres of wetlands for the construction of a
residential subdivision and its associated roads and utility connections.Temporary stream and wetland impacts will be
restored to pre-construction contours after the completion of construction.
Applicable Law(s): ® Section 404(Clean Water Act,33 USC 1344)
❑ Section 10(Rivers and Harbors Act,33 USC 403)
Authorization: NWP 12.Utility Line Activities and NWP 29.Residential Developments
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions,your application signed and dated 10/23/2019, and the enclosed plans Impact Map dated July 2019.Any violation
of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order,a restoration
order,a Class I administrative penalty,and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,suspended
or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this
verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified
nationwide permit. If the nationwide permit authorization expires or is suspended,revoked,or is modified,such that the activity would
no longer comply with the terms and conditions of the nationwide permit,activities which have commenced(i.e.,are under construction)
or are under contract to commence in reliance upon the nationwide permit,will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permit's expiration,modification or revocation,unless discretionary authority has
been exercised on a case-by-case basis to modify,suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources(telephone [phone])to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act(CAMA),prior
to beginning work you must contact the N.C.Division of Coastal Management Morehead City,NC,at(252)808-2808.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits.
If there are any questions regarding this verification,any of the conditions of the Permit,or the Corps of Engineers regulatory program,
please contact Bryan Roden-Reynolds at 704-510-1440or bryan.roden-reynolds(ausace.army.mil.

RODENREYNOLDS.BRYAN.KENNETH.1263385574 Digitally signed byRODENREYNOLDS.BRYAN.KENNETH.1263385574
Corps Regulatory Official: Da°e.2°19.1z.16133)7.°^-°5'DB' Date: 12/16/2019
Expiration Date of Verification: 03/18/2022
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so,please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cmapex/f?p=136:4:0
Copy furnished:
Agent: Sage Ecological Services,Inc.
Sean Clark
Address: 3707 Swift Drive
Raleigh,NC 27606
Telephone Number: 919-559-1537
E-mail: sclark( sageecological.com

Action ID Number: SAW-2019-01557 County: Davidson
Permittee: Clinard Farm Partners, LLC, Robert Kye Bunker
Project Name: Bryson Park Subdivision
Date Verification Issued: 12/16/2019
Project Manager: Bryan Roden-Reynolds
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Bryan Roden-Reynolds
Charlotte Regulatory Office
U.S Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte,North Carolina 28262
or
[e-mail]
Please note that your permitted activity is subject to a compliance inspection by a U. S.Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date

MEMORANDUM FOR RECORD
SUBJECT: Department of the Army Memorandum Documenting General Permit Verification
1.0 Introduction and overview: Information about the proposal subject to one or more of the
Corps regulatory authorities is provided in Section 1, detailed evaluation of the activity is found
in Sections 2 through 4 and findings are documented in Section 5 of this memorandum.
Further, summary information about the activity including administrative history of actions
taken during project evaluation is attached (ORM2 summary).
1.1 Applicant name: Clinard Farm Partners, LLC, Robert Kye Bunker
1.2 Activity location:Latitude: 35.969137 Longitude: -80.277591 Location description: The review
area is located The review area is located on the east side of Mt. Olivet Church Road;
approximately 1.1 miles north of the intersection of Mt. Olivet Church Road and
Community Road. PINs: 6820-01-29-1719 and 6821-03-40-1560. Reference review area
description shown in Pre-Construction Notification entitled "Figure 1, USGS Topo Map"
and Printed Date of 06/06/2018.
1.3 Description of activity requiring verification:This verification would authorize the permanent
impacts to 115 linear feet of stream channel along with temporary impacts to 15 linear
feet of stream channel and 0.05 acres of wetlands for the construction of a residential
subdivision and its associated roads and utility connections. Temporary stream and
wetland impacts will be restored to pre-construction contours after the completion of
construction.
1.4 Is this an After-the-Fact verification? No.
1.5 Date PCN determined complete for processing 11/4/2019
1.6 Jurisdiction Determination completed? A Preliminary JD was completed on 12/16/2019.
1.7 Permit authority: Section 404 of the Clean Water Act (33 USC 1344)
1.8 Applicable Permit: NWP 12. Utility Line Activities and NWP 29. Residential Developments
1.9 Activity requires written waiver of NWP limits? No.
1.10 Activity requires a waiver from the requirements of a regional condition(s)? No.
2.0 Evaluation of the Pre-Construction Notification
2.1 Direct and indirect effects caused by the GP activity: The direct effects of the proposed
activity in waters would include the loss of jurisdictional waters (as specified in Section
1.3) and their associated aquatic resource functions. The proposed activity also has the
potential to result in indirect effects to waters including excess sedimentation in
downstream waters, disruption and/or killing of aquatic life in the direct vicinity of the
project area, increase of downstream flows, and blocking/restricting aquatic life
passage transiting in and through the project area. These indirect effects are expected
to be minimal due to design criteria and Best Management Practices (BMPs) required by

Nationwide Permit General and Regional Conditions. Additionally, indirect effects would
be further reduced through the implementation of BMPs required by state, local, and
Federal ordinances and regulations.
2.2 Site specific factors: The review area is currently cleared for agriculture and/or in pasture.
Drainages on-site remain forested. A residential home and associated barns and
outbuildings were previously located on the largest parcel immediately west of Hege
Road but have since been removed. General land use in the vicinity consists of
residential tracts, agricultural areas, and undeveloped land as well as single-family
homes.
2.3 Coordination
2.3.1 Was the PCN coordinated with other agencies? No.
Agency coordination with the USFWS is required for the Northern Long Eared Bat.
However, the Corps is not required to wait for a response from the USFWS Asheville
Office in accordance with local procedures.
2.3.2 Was the PCN coordinated with other Corps offices? No.
2.4 Mitigation
2.4.1 Provide brief description of how the activity has been designed on-site to avoid and minimize
adverse effects, both temporary and permanent, to waters of the United States to the
maximum extent practicable at the project site:The applicant provided a detailed statement
describing their efforts to avoid and minimized impacts to waters of the United States
on the project site in the preconstruction notification. Based on this information, the
Corps believes the applicant has avoid and minimized impacts to waters of the United
State to the maximum extent practicable.
2.4.2 Is compensatory mitigation required for unavoidable impacts to jurisdictional aquatic resources
to reduce the individual and cumulative adverse environmental effects to a minimal level?
No.
Provide rationale: No compensatory mitigation is required because the applicant has
minimized impacts and the loss of stream channel associated with the activity is less
than 150 linear feet. There are no specific circumstances that would warrant
compensatory mitigation. No compensatory mitigation is required because the
applicant has minimized impacts and the loss of wetlands associated with the activity is
less than 0.10 acre. There are no specific circumstances that would warrant
compensatory mitigation.
3.0 Compliance with Other Laws, Policies and Requirements
3.1 Section 7(a)(2) of the Endangered Species Act (ESA)
3.1.1 ESA action area: The action area includes the waters of the United States that will be
directly affected by the proposed work or structures and uplands directly affected as a
result of authorizing the work or structures.

3.1.2 Has another federal agency taken steps to document compliance with Section 7 of the ESA
and completed consultation(s) as required? No.
3.1.3 Known species/critical habitat present? No. The Corps has determined that it has fulfilled
its responsibilities under Section 7(a)(2) of the ESA.
IPAC Species in Davidson County:
Name: Northern Long-Eared Bat (Myotis septentrionalis) Status: Threatened
Name: Schweinitz's sunflower (Helianthus schweinitzii) Status: Endangered
Effect determination(s), including no effect, for all known species/habitat, and basis for
determination(s): The Corps has determined the proposed activity will not directly or
indirectly affect any species subject to the ESA.
Based on the latest version of the Natural Heritage Program's NHEO data, there are no
protected species located within or in the vicinity of the action area.
3.1.4 Consultation with either the National Marine Fisheries Service and/or the U.S. Fish and Wildlife
Service was initiated and completed as required, for any determinations other than "no effect"
(see the attached "Summary" sheet for begin date, end date and closure method of the
consultation).
The USACE reviewed this project in accordance with (lAW) the NLEB Standard Local
Operating Procedures for Endangered Species (SLOPES) between the USACE,
Wilmington District, and the Asheville and Raleigh U.S. Fish and Wildlife Service
(Service) Offices, and determined that the action area for this project is located outside
of the highlighted areas/red 12-digit HUCs and activities in the action area do not
require prohibited incidental take; as such, this project meets the criteria for the 4(d)
rule and any associated take is exempted/excepted. IAW the NLEB SLOPES, the USACE
sent a Situation 1 email to the Service on November 4, 2019, informing them about this
project.
Service Concurrence: as established in the NLEB SLOPES, this project does not require
prohibited intentional take of the NLEB and it meets the criteria for the 4(d) rule;
therefore any associated take is exempt and it is not necessary for the USACE to wait
30 days for the Service to object or concur.
Based on a review of the information above, the Corps has determined that it has fulfilled its
responsibilities under Section 7(a)(2) of the ESA.
3.2 Magnuson-Stevens Fishery Conservation and Management Act, Essential Fish Habitat
(EFH) The NWPs/RGPs were coordinated with the NMFS during the permit renewal
process. NMFS coordination/EFH consultation is required if the activity affects SAV.
This activity does not affect SAV. Therefore, NMFS coordination/EFH consultation has
been completed.
3.2.1 Has another federal agency taken steps to comply with EFH provisions of Magnuson-Stevens
Act? No.
3.2.2 Did the proposed project require review under the Magnuson-Stevens Act? No.
3.3 Section 106 of the National Historic Preservation Act (Section 106)

3.3.1 Section 106 permit area:The permit area includes those areas comprising waters of the United
States that will be directly affected by the proposed work or structures, as well as activities
outside of waters of the U.S. because all three tests identified in 33 CFR 325, Appendix
C(g)(1) have been met.
Final description of the permit area: All three test have been met and portions of the larger
project undertaken outside of waters of the U.S. are in the permit area. Activities
undertaken outside WOUS are included in the permit area because those activities are
directly associated and integrally related with the authorized work and those activities
would not occur but for the authorization of the work within the WOUS.
3.3.2 Has another federal agency taken steps to comply with Section 106 of the National Historic
Preservation Act and completed consultation(s) as required? No.
3.3.3 Known cultural resource sites present and/or survey or other additional information needed?
No. Based on the NCDCR "HPOWEB" service, aerial photographs, and a site visit, there
are no known historic properties located in the permit area or in close proximity to the
permit area.
Effect determination and basis for that determination: The Corps has determined the
proposed activity has no potential to cause effects to properties listed or eligible for
listing in the National Register of Historic Places, because the project is located in areas
that have been extensively modified. This activity is so limited in nature and scope that
there is little likelihood of impinging upon a historic property even if such properties
were present within the affected area(s).
3.3.4 Consultation was initiated and completed as required with the appropriate agencies, tribes
and/or other parties for any determinations other than "no potential to cause effects" (see the
attached "Summary" sheet for consultation type, begin date, end date and closure method of
the consultation). The Corps has determined that it has fulfilled its responsibilities under
Section 106 of the NHPA.
3.4 Tribal Trust Responsibilities
3.4.1 Was government-to-government consultation conducted with Federally-recognized Tribe(s)?
No. There are no known tribal interests in the project area.
Provide a description of any consultation(s) conducted including results and how concerns
about significant effects to protected tribal resources, tribal rights and/or Indian lands were
addressed. The Corps has determined that it has fulfilled its tribal trust responsibilities.
3.4.2 Other Tribal including any discussion of Tribal Treaty rights? N/A
3.5 Section 401 of the Clean Water Act — Water Quality Certification (WQC)
3.5.1 Is a Section 401 WQC required, and if so, has the certification been issued or waived? A
general WQC has been issued for this permit.
3.6 Coastal Zone Management Act (CZMA)

3.6.1 Is a CZMA consistency concurrence required, and if so, has the concurrence been issued,
waived or presumed? N/A, a CZMA consistency concurrence is not required.
3.7 Wild and Scenic Rivers Act
3.7.1 Is the projectlocated in a component of the National Wild and Scenic River System, or in a
river officially designated by Congress as a "study river" for possible inclusion in the system?
No. According to http://www.rivers.gov, the proposed project area is not within a
designated or study river.
3.8 Effects on Corps Civil Works Projects (33 USC 408)
3.8.1 Does the applicant also require permission under Section 14 of the Rivers and Harbors Act (33
USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil
Works project? No, there are no Corps Civil Works project(s) in or near the vicinity of the
proposal.
4.0 Special Conditions
4.1 Are special conditions required to ensure minimal effects, protect the public interest and/or
ensure compliance of the activity with any of the laws above? No.
If no, provide rationale: The terms and conditions of the general permit are sufficient to
ensure no more than minimal adverse effects, and no conditions are needed for
compliance with other laws or to protect the public interest.
5.0 Determination
5.1 Waiver request conclusion, if required or select N/A: N/A.
5.2 The activity will result in no more than minimal individual and cumulative adverse effects on
the aquatic environment and will not be contrary to the public interest.
5.3 This activity, as described, complies with all terms and conditions of the permit identified in
Section 1.5.
PREPARED BY:
RODEN Digitally signed by RODEN
REYNOLDS.BRYAN.KEN N ETH.1 REYNOLDS.BRYAN.KENNETH.126338557
263385574 Date:2019.12.16 13:36:44-05'00' Date: 12/16/2019
Bryan Roden-Reynolds

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L101XV

SAW-2019-01557
A. Preliminary Determination
® There appear to be waters,including wetlands 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,including wetlands 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 11/21/2019. 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,including wetlands 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,including wetlands 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,including wetlands at the project area,which
is not sufficiently accurate and reliable to support an enforceable permit decision.We recommend that you have the waters,
including wetlands on your project area/property delineated.As the Corps may not be able to accomplish this wetland
delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act(RHA)(33 USC §403)and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations,this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters,including wetlandson 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,including wetlands 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,including wetlands 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 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,including wetlands 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.
❑ 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(252)808-2808 to determine their
requirements.
Placement of dredged or fill material within waters of the US,including wetlands,without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act(33 USC § 1311). Placement of dredged or fill material,construction or
placement of structures,or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act(33 USC§401 and/or 403).If you have any questions
regarding this determination and/or the Corps regulatory program,please contact Bryan Roden-Reynolds at 704-510-1440 or
bryan.roden-reynolds(a,usace.army.mil.

SAW-2019-01557
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 12/16/2019.
D. Remarks: None.
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)
This correspondence constitutes an approved jurisdictional determination for the above described site. 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: Jason Steele,Review Officer
60 Forsyth Street SW,Room 10M15
Atlanta,Georgia 30303-8801
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 DATE.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
RODEN REYNOLDS.BRYAN.KENNETH.1263385574 Digitally signed by RODEN REYNOLDS.BRYAN.KENNETH.1263385574
Corps Regulatory Official: Date:2019.12.1613:34:25-05'00'
Date of JD: 12/16/2019 Expiration Date of JD:12/25/2024
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so,please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Clinard Farm Partners,LLC,Robert Kye File Number: SAW-2019-01557 Date: 12/16/2019
Bunker
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 C
❑ APPROVED JURISDICTIONAL DETERMINATION D
• PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I-The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit(Standard or LOP)because of certain terms and conditions therein,you may request
that the permit be modified accordingly.You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice,or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter,the district engineer will evaluate your
objections and may: (a)modify the permit to address all of your concerns, (b)modify the permit to address some of your
objections,or(c)not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections,the district engineer will send you a proffered permit for your reconsideration,as indicated in
Section B below.
B: PROFFERED PERMIT:You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 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: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice,means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish,you may request an approved JD(which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
V
SECTION II-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. 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.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may
appeal process you may contact: also contact:
District Engineer,Wilmington Regulatory Division Mr.Jason Steele,Administrative Appeal Review Officer
Attn: Bryan Roden-Reynolds CESAD-PDO
Charlotte Regulatory Office U.S.Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers 60 Forsyth Street,Room 10M15
8430 University Executive Park Drive,Suite 615 Atlanta,Georgia 30303-8801
Charlotte,North Carolina 28262 Phone: [phone]
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: Telephone number:
Signature of appellant or agent. I
For appeals on Initial Proffered Permits send this form to:
District Engineer,Wilmington Regulatory Division,Attn: Bryan Roden-Reynolds,69 Darlington Avenue,Wilmington,North
Carolina 28403
For Permit denials,Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer,Commander,U.S.Army Engineer Division,South Atlantic,Attn:Mr.Jason Steele,Administrative Appeal
Officer,CESAD-PDO,60 Forsyth Street,Room 10M15,Atlanta,Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 12/16/2019
B.NAME AND ADDRESS OF PERSON REQUESTING PJD: Clinard Farm Partners, LLC,Robert Kye Bunker,
3608 W. Friendly Ave, Suite 202,Greensboro,NC 27410
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District,Bryson Park Subdivision, SAW-
2019-01557
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located The review area
is located on the east side of Mt. Olivet Church Road; approximately 1.1 miles north of the intersection of Mt. Olivet
Church Road and Community Road.PINs: 6820-01-29-1719 and 6821-03-40-1560. Reference review area description
shown in Pre-Construction Notification entitled"Figure 1,USGS Topo Map"and Printed Date of 06/06/2018.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State:NC County: Davidson City:Lexington
Center coordinates of site (lat/long in degree decimal format):Latitude: 35.969137 Longitude: -80.277591
Universal Transverse Mercator:
Name of nearest waterbody: Fryes Creek
E. REVIEW PERFORMED FOR SITE EVALUATION(CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 11/21/2019
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH"MAY BE"SUBJECT TO REGULATORY
JURISDICTION.
Estimated amount of Geographic authority to
Type of aquatic
aquatic resources in which the aquatic resource
Feature Latitude(decimal Longitude(decimal review area (acreage resources(i.e., may be"subject(i.e.,
degrees) degrees) wetland vs. non-
and linear feet, if Section 404 or Section
applicable wetland waters) 10/404)
SEE ATTACHED TABLE
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review
area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an
approved JD (AJD) for that review area based on an informed decision after having discussed the
various types of JDs and their characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General
Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or
requests verification for a non-reporting NWP or other general permit, and the permit applicant has
not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit
applicant has elected to seek a permit authorization based on a PJD, which does not make an official
determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD
before accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being required or
different special conditions; (3) the applicant has the right to request an individual permit rather than
accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant
can accept a permit authorization and thereby agree to comply with all the terms and conditions of that

permit, including whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without requesting an AJD
constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g.,
signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area
affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such
jurisdiction in any administrative or judicial compliance or enforcement action, or in any
administrative appeal or in any Federal court; and (7)whether the applicant elects to use either an AJD
or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual
permit (and all terms and conditions contained therein), or individual permit denial can be
administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic jurisdiction exists over
aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic
resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is
practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be"
navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the
review area that could be affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD(check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
®Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Figures 1-3
®Data sheets prepared/submitted by or on behalf of the PJD requestor.
®Office concurs with data sheets/delineation report.
❑Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters'study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑USGS NHD data.
❑USGS 8 and 12 digit HUC maps.
®U.S.Geological Survey map(s).Cite scale&quad name; Figure 1,USGS Topo Map (1:24,000 Welcome,NC)
®Natural Resources Conservation Service Soil Survey. Citation: Figure 2,NRCS Soils Map(Soil Survey of Davidson
County,Sheet 1,Dated 1994)
❑National wetlands inventory map(s). Cite name:
❑State/local wetland inventory map(s):
❑FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
®Photographs: ®Aerial(Name & Date):Figure 3,Preliminary Jurisdictional Determination Wetland Sketch Map
(Dated 11/21/2019)
or®Other(Name&Date): Photographs 1-8
❑Previous determination(s). File no. and date of response letter:
❑Other information(please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later jurisdictional determinations.
RODEN Digitally signed by RODEN
REYNOLDS.BRYAN.KE REYNOLDS.BRYAN.KENNETH.126
3385574
N N ETH.1263385574 Date:2019.12.16 13:34:03-05'00'
Signature and date of Regulatory
staff member completing PJD Signature and date of person requesting PJD
12/16/2019 (REQUIRED, unless obtaining the signature is
impracticable)1
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.

Estimated amount Geographic
of aquatic authority to
Longitude resources in Type of aquaticwhich the aquatic
Feature Latitude(decimal (decimal review area resources(i.e., resource"may
degrees) wetland vs. non-
degrees) (acreage and be"subject(i.e.,
linear feet, if wetland waters) Section 404 or
applicable Section 10/404)
Wetland 35.969250°N 80.274397°W 0.1 acre Wetland 404
WA
Wetland 35.970994° N 80.273902°W 0.03acre Wetland 404
WE
Wetland 35.969334°N 80.274012°W 0.02 acre Wetland 404
WG
Wetland WJ 35.963085°N 80.279130° W 0.29 acre Wetland 404
Wetland 35.962192°N 80.280079°W 0.53 acre Wetland 404
WK
Pond 1 35.970417°N 80.274699°W 1.4 acre Non-wetland 404
Pond 2 35.968752°N 80.276617°W 2.25 acre Non-wetland 404
Stream A 35.967020°N 80.278724°W 1,585 linear feet Non-wetland 404
Stream B 35.963314°N 80.281246° W 2,408 linear feet Non-wetland 404
Stream C 35.969828°N 80.278541°W 540 linear feet Non-wetland 404
Stream E 35.969665°N 80.275235°W 85 linear feet Non-wetland 404
Stream F 35.969229°N 80.273720°W 44 linear feet Non-wetland 404
Stream G 35.969438°N 80.273953°W 34 linear feet Non-wetland 404
Stream H 35.968517°N 80.278336°W 679 linear feet Non-wetland 404
Stream I 35.972084°N 80.266808°W 518 linear feet Non-wetland 404

Estimated amount Geographic
of aquatic authority to
Type of aquatic
Longitude resources in which the aquatic
Feature Latitude(decimal (decimal review area resources(i.e., resource"may
degrees) wetland vs. non-
degrees) (acreage and be"subject(i.e.,
linear feet, if wetland waters) Section 404 or
applicable Section 10/404)
Stream J 35.96209°N 80.274529°W 307 linear feet Non-wetland 404

1 °'L._ J^thi.111 :.
.6). 1 NOTE: Location, shape and size of depicted
er i features on the evaluated site are approximate
and should be surveyed by a licensed NC
(T :' ,* surveyor for final site planning.
® � `
Unknown r •
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I.
a f,'+ tY1QiDlfA
✓ WE+/-0.030MIZG
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i(I]iC7• EL• 3
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di
Qg^ ©•4= I Non-Wetland 4 N
C CQQ,bIM Waters of the /;‘,.,
e
Q - G••+1-34 ft -
NOn-Wetland '
5ofthe US .41i ,, -1.
p( ']•2+/-2.25 acres t t . ,, . •
Potential Wetland ' '.7
` Waters of the US Potential Non-Wetland .
( _ WA+1-0.096 acres •I/ Waters of the W )
GCIIQDOhA 1 A / F+1.44 ft
., OEIMMI:133:1? °PIN ad'
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1„-
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(5523:73'.r�.CJG2112029atziaalon
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7/� a,
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.
r 'Pr'",. MIIII Intermittent Tributary
• • • . - O Wetland Data Point 1
ILli —.6,6 '''4 • '_ a O Upland Data Point
Map Location Preliminary Jurisdictional Determination Figure 3
YADKIN FORSYTH Wetland Sketch Map
</ • I GUILFORD
DAVIE Bryson Property N
(Formerly Clinard Farm) SAGE
Sage Project# 2018.35 E`ORVCES L
DAVIDSON seI
EST. 2016
411
RANDOLPH November 21, 2019
ROWAN
Sage Ecological Services, Inc.
0 500 1,000 Office:919-335-6757
Feet Cell:919-559-1537
CABARRUS / MONTGOMERY