20170905 Ver 1_USACE jd_20170123

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2016-02023 County: Alamance U.S.G.S. Quad: NC-MEBANE
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Owner: Mr. Henderson Scott
Address: 1400 North Jim Minor Road
Haw River, NC 27258
Size (acres) —35 Nearest Town Haw River
Nearest Waterway UT to Back Creek River Basin Caper Fear
USGS HUC 03030002 Coordinates 36.073100 N, -79.348125 W
Location description: The proiect area is located on the south side of Trollingwood Road and at the eastern terminus
of RalDh Scott Road. in Graham, Alamance Countv. North Carolina. The Proiect Area is shown as the "Site Boundarv"
on the attached "Figure 5, Wetland Delineation."
Indicate Which of the Following Apply:
X There are waters, including wetlands, on the above described project area, 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. 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.
B. Approved Determination
There are Navigable Waters of the United States within the above described 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 of the U.S., including wetlands, on the above described project area 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 of the U.S. on your 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 of the U.S., including wetlands, on your project area have been delineated and the delineation has been
verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon
completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA
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 of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
There are no waters of the U.S., to include wetlands, present on the above described project area 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.
Page 1 of 2

_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(LAMA). You should contact the Division of Coastal Management in Morehead City, NC, at [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 David Bailey at
[phone] X 30 or David.E.Bailev2(ii),usace.armv.mil.
C. Basis For Determination:
The proiect area exhibits water bodies with indicators of ordinary high water marks and wetland criteria as defined in
the applicable regional supplement to the 1987 wetland delineation manual. The water bodies on the site are listed in
the attached table. This determination is based on a field verification by David E. Bailey (USACE) on 10/5/2016.
D. Remarks:
The water bodies in the Prosect Area were flagged by Headwater Environmental with changes made by David E. Bailey
(USACE), and are approximated on the attached "Figure 5, Wetland Delineation."
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 1OM15
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 N/A.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. * * Digitally o BAILEY .
D: =US, =U.S. Government, o=Doo, ou=PKI
,
ou=USA, cn=BAILEY.DAVID.E.1379283736
Corps Regulatory Official: Date: 2016.12.0917:20:02-05'00'
Date: 12/9/2016
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to
do so, please complete our Customer Satisfaction Survey, located online at
http://corpsmgpu.usace.qLmy.mil/cm apex/Pp=136:4:0.
Copy furnished:
Sue Homewood, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105
Paul Pascarosa, Headwater Environmental, Inc., 512 Sweetbay Court, Wilmington, NC 28405

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Henderson Scott File Number: SAW -2016-02023
Date: December 9, 2016
Attached is:
See Section below
❑ INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
❑ PROFFERED PERMIT Standard Permit or Letter ofpermission)
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 http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPem-iits.aspx 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.
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 1I 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.
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 rovide 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: David E. Bailey
CESAD-PDO
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers, South Atlantic Division
3331 Heritage Trade Drive, Suite 105
60 Forsyth Street, Room 1OM15
Wake Forest, North Carolina 27587
Atlanta, Georgia 30303-8801
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 oragent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: David Bailey, 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]

This is not a survey. All locations depicted on this figure are approximate. This Wetland Delineation was conducted by Headwater
Environmental, Inc. (HEnv). The location of the streams and wetland were verified in the field by Mr. David Bailey of the U.S. Army
Corps of Engineers and Ms. Sue Homewood of the North Carolina Division of Water Resources (DWR) on October 5, 2016.
The site drains to Back Creek. Back
Creek is located within the Lake
Jordan watershed. A 50 -foot
vegetated buffer is required along
Stream A, Stream B, and Stream C.
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SCOTT
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W -D1 to W -D8 % •DP-3`�r"�'"'�
• W -A1
W -C1 to W -C9 L DP -2
!i VV -65 0 0
_ /,• W -A25
W -B18 rl%%
W-1315
W -B10
LEGEND
Site Boundary - - - Non -jurisdictional ephemeral feature Wetland
Perrenial Stream = _ Access Road 50 -foot buffer
Intermittent Stream = Culvert • DP - Data Point
Feet • WA - Weltland Flagging
0 285 570 1,140
HEADWATER ENVIRONMENTAL, INC.
512 Sweetbay Court
Wilmington, North Carolina
Date:
Rev:
Prepared by:
09/13/2016
10/6/2016
DFH
Source:
ESRI
World Base Map Imagery
Graham, INC
Scale 1 "-300'
I I � 10
FIGURE 5
WETLAND DELINEATION
Melville -Burnt Site
Bakatsias Soalr Farm, LLC
831 Trollingwood Road
Graham, Alamance County, INC
HEnv Project #201605

TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAYBE" 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)
WA
36.071595
-79.347302
0.8 ac
Wetland
Section 404
WB
36.071010
-79.348263
0.4 ac
Wetland
Section 404
WC
36.071132
-79.348956
0.1 ac
Wetland
Section 404
WD
36.072717
-79.348352
0.07 ac
Wetland
Section 404
WP
36.074725
-79.346645
0.1 ac
non -wetland
Section 404
S1
36.071227
-79.349274
9501f
non -wetland
Section 404
S2
36.071603
-79.347642
330 1f
non -wetland
Section 404
S3
36.072965
-79.348530
700 If
non -wetland
Section 404

Homewood, Sue
From: Bailey, David E CIV USARMY CESAW (US) <[e-mail]>
Sent: Thursday, August 03, 2017 12:04 PM
To: Homewood, Sue
Subject: RE: Graham Drive Inn (Alamance Drive Inn); SAW -2017-01582 Request for Additional
Information
Attachments: 2016-02023 AJD Tearsheet.pdf, 20160621 Field Notes and Sketch.pdf
Hi Sue. I met with Wyatt for the Drive In site in June of 2016; the small wetland closer to 1-40 was verified with Wyatt during the
June 2016 delineation for the Drive In site (see my 6/21/2016 field notes and sketch). Shortly after that, I/we(?) met with Paul
Pascarosa for the Bakatsias solar site (attached) that encompassed all of the proposed road impacts and superseded all
overlapping delineations I did with Wyatt.
Basically, the wetlands and streams shown on the Drive In PCN plans for the road crossing areas should have been surveyed from
the Bakatsias JD. The wetland impacted by one of the drive in theaters should have been surveyed from Wyatt's delineation.
Clear as mud?
-Dave Bailey
David E. Bailey, PWS
Regulatory Project Manager
US Army Corps of Engineers
CE -SAW -RG -R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone], Ext. 30.
Fax: [phone]
Email: [e-mail]
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at:
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Thank you for taking the time to visit this site and complete the survey.
-----Original Message -----
From: Homewood, Sue [mailto:[e-mail]]
Sent: Thursday, August 3, 2017 11:28 AM
To: Bailey, David E CIV USARMY CESAW (US)<[e-mail]>
Subject: [Non-DoD Source] RE: Graham Drive Inn (Alamance Drive Inn); SAW -2017-01582 Request for Additional Information
Hey David,
Part of this project is on a site that I think you did the delineation and I warn' t there. Do you happen to have a map that shows
what you delineated? Figured it was easier to ask you.
Thanks,

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