20140194 Ver 2_401 Application_20180718

Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Page 1 of 10
PCN Form —Version 1.4 January 2009
Pre -Construction Notification (P oim
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 3 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes ❑X No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes ❑X No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ YesX❑ No
1h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
Roses Creek Stream Mitigation Site
2b.
County:
Burke
2c.
Nearest municipality / town:
Morganton, NC
2d.
Subdivision name:
Sisk Farm
2e.
NCDOT only, T.I.P. or state project no:
NCEEP # 96309
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Robert B. Sisk and Martha M. Sisk
3b.
Deed Book and Page No.
Original: Book 171, Pg 201 Deed of Conservation Easement: Book 2197, Pg 53-57
3c.
Responsible Party (for LLC if
applicable):
HDR Engineering of the Carolinas, Inc.
3d.
Street address:
555 Fayetteville Street, Suite 900
3e.
City, state, zip:
Raleigh, NC 27601
3f.
Telephone no.:
919-232-6600
3g.
Fax no.:
919-232-6642
3h.
Email address:
[e-mail]
Page 1 of 10
PCN Form —Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑X Other, specify: NCDEQ - Division of Mitigation Services
4b. Name:
Lin Xu
4c. Business name
(if applicable):
NCDEQ - Division of Mitigation Services
4d. Street address:
217 West Jones St, Suite 3000A Mail: 1652 Mail Service Center, Raleigh, NC 27699
4e. City, state, zip:
Raleigh, NC 27603
4f. Telephone no.:
919-707-8976
4g. Fax no.:
4h. Email address:
[e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name:
Ben Furr
5b. Business name
(if applicable):
HDR Engineering of the Carolinas, Inc.
5c. Street address:
555 Fayetteville Street, Suite 900
5d. City, state, zip:
Raleigh, NC 27601
5e. Telephone no.:
919-232-6600
5f. Fax no.:
919-232-6642
5g. Email address:
[e-mail]
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
1767479652
1 b. Site coordinates (in decimal degrees):
Latitude: 35.850953 Longitude: -81.819541
1c. Property size:
17.3 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Roses Creek
2b. Water Quality Classification of nearest receiving water:
WS -III; Tr
2c. River basin:
Catawba
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The Site is an existing stream mitigation project. Land surrounding the project is used as cattle pasture. Land use within the watershed upstream of
the Site is dominated by forested land (97 percent). Pasture on the Sisk Farm and adjacent properties accounts for approximately 3 percent of the
watershed. The reminder of the watershed (less than one percent) is comprised of small residential properties, roads and parking lots.
3b. List the total estimated acreage of all existing wetlands on the property: 0.1
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 5,829
3d. Explain the purpose of the proposed project:
The project is to repair areas of isolated bank erosion, floodplain erosion, and one failing in -stream structure on an existing stream mitigation site.
3e. Describe the overall project in detail, including the type of equipment to be used:
Standard construction equipment (CAT 320 (or equivalent) track hoes, and hand tools) will be utilized to repair the erosion and in -stream structure.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
❑X Yes ❑ No ❑ Unknown
Comments: Action ID: 2014-00517 Preliminary Determination
ry
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
Preliminary ❑ Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Ryan Smith
Agency/Consultant Company: HDR
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Site visit conducted in March 17, 2014, PJD was approved on December 16, 2014. See attachment.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑x Yes ❑ No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
Nationwide Permit 27 (USACE Action ID: SAW -2014-00517; DWR # 14-0194; Application Date: October 1, 2015; Approved Nov. 20, 2015)
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ❑X No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑X Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1
Choose one
Choose one
Yes/No
-
W2
Choose one
Choose one
Yes/No
W3
Choose one
Choose one
Yes/No
W4
Choose one
Choose one
Yes/No
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Bank Grading/Matting
Roses Creek
PER
Corps
30.5
35
S2 P
In -Stream Structure
Roses Creek
PER
Corps
30.5
17
S3 P
Soil lift
Roses Creek
PER
Corps
30.5
30
S4 -
Choose one
-
S5
Choose one
_
S6
Choose one
3h. Total stream and tributary impacts
82
3i. Comments:
Work will be conducted in the wet due to size of stream (> 5 square mile drainage area)
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indivi ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
02
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d. 5e.
Stream Impacts (feet) Upland
(acres)
Flooded Filled
Excavated
Flooded Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B1
Yes/No
B2
Yes/No
B3 -
Yes/No
B4 -
Yes/No
B5 -
Yes/No
B6 -
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The proposed work plan includes isolating construction activities to only the areas specified in the repair plans. Construction activities include repairing
eroding areas along a restored stream to prevent further destabilization of the banks.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Open channel work will be minimized to what can be completed in the same day; matting streambanks; and seeding.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ❑X No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
❑ Yes ❑X No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑X No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
0
2b. Does this project require a Stormwater Management Plan?
❑ Yes ❑X No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
There is no impervious surface within the project area, and the project will not result in the creation of any impervious surface. Disturbed areas will be
seeded and matted to minimize erosion.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e. Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. In which localgovernment's jurisdiction is thisproject?
❑ Phase II
❑ NSW
3b. Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4. DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a. Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006-246
❑Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the
Yes ❑ No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑X No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered `yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ❑X No
or Riparian Buffer Rules (15A NCAC 26 .0200)?
2b. Is this an after-the-fact permit application?
❑ Yes ❑X No
2c. If you answered `yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
El Yes ❑X No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge)
of wastewater generated from
the proposed project, or available capacity of the subject facility.
No sewage/wastewater will be generated from the proposed project.
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or TYes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ❑ YesX❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
USACE Wilmington Regulatory Website - Slopes Document and Maps for NLEB
6. Essential Fish Habitat (Corps Requirement)
... _...... —_ _
6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Correspondence with USFWS and NOAA.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Correspondence with NCSHPO. See Appendix B-2 of Mitigation Plan for documentation.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain? I ❑X Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
CLOMR documentation was submitted to the Burke County Floodplain Administration on December 12, 2014 and to FEMA on April 9, 2015. FEMA
approved the CLOMR documentation on August 21, 2015. The repairs will not result in any net change to the flood elevations submitted in the
approved CLOMR document.
8c. What source(s) did you use to make the floodplain determination?
FIRM maps of the Site.
Lin Xu U� 7/19/2018
... ... ......
Applicant/Agent's Printed Name i Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization
letter from the aoolicant is Provided.)
Page 10 of 10

C
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REPAIR PLAN
PERMIT DRAWINGS
LOCATION: BURKE COUNTY, NORTH CAROLINA
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NOTES:
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--------i-
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Vicinity Map Figure
Roses Creek Stream Mitigation Site 2
F)"R 'CA Burke County, North Carolina N
0 4,700 9,400 14,100 18,800 W0.
E
Feet s
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Vicinity Map Figure
Roses Creek Stream Mitigation Site 2
F)"R 'CA Burke County, North Carolina N
0 4,700 9,400 14,100 18,800 W0.
E
Feet s

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: 2014-00517 County: Burke U.S.G.S. Quad: NC -Oak Hill
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Robert and Martba Sisk
Address: 3715 Sisk Farm Road
Morganton, North Carolina 28655
Telephone Number: 828-437-3692
Size (acres): 17.33 Nearest Town: Morganton
Nearest Waterway. Roses Creek Coordinates: 35.85027° N, -81.81975 oW
River Basin/ HUC: Catawba
Location description: The project area is located off Sisk Farm Road, Morganton, Burke County, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
X Based on preliminary information, there may be waters of the U.S. including wetlands on the above described
project area. We strongly suggest you have this property inspected to determine the extent of Department of the Army
(DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33
CFR Part331). If you wish, you may request an approved JD (which maybe 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.
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 and Section 404 of the Clean Water Act. 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 waters of the U.S. including wetlands on the above described 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 strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must 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. 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 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.

X 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 to determine their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Tasha Alexander at 828-271-7980, ext. 226 or
[e-mail].
C. Basis for Determination:
The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the Regional
Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and Piedmont Region(version
2.0). These wetlands are adjacent to stream channels located on the property that exhibit indicators of ordinary high water
marks. The stream channels on the property are Roses Creek and three unnamed tributaries (UT). Roses creek eventually
flows into the Catawba River. The Catawba River is located in the Santee watershed and eventually drains to the Atlantic
Ocean. Specifically, the Catawba River joins the Santee -Cooper River in South Carolina before entering the Atlantic
Ocean. Is a Section 10 water at the Mountain Island Lake Dam on Lake Wylie in Mecklenburg County.
D. Remarks: The project site contains two wetlands (totaling approximately 0.10 acre) and 5,485 linear feet of
perennial stream channel. Site visit was conducted on March 17, 2014. Representatives from EEP, USAGE, EPA,
NCDWR, and USFWS were present. The jurisdictional features are referenced on the map labeled Figure 1,
Jurisdictional Features Map, Roses Creek Stream Mitigation Site, submitted on October 17, 2014.
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 within 60 days of the issued date below.
"It is not necessary to bmit an rm to the Div 'on Office if you do of object to the determination in this
correspondence. * *
Corps Regulatory Official: `
IN
s de
Issue Date of JD: December 16, 2014 Expiration Date: N/A

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://re ug latoa.usacesurvgy.com/.
Copy furnished:
ICA Engineering, Inc.
Ben Furr
5121 Kingdom Way, Suite 100
Raleigh, North Carolina 27607
Paul Wiesner
N.C. Ecosystem Enhancement Program
5 Ravenscroft Dr., Suite 102
Asheville, NC 28801

NOTIFICATION OF ADMnIISTRATIVE APPEAL OPTIONS AIN'D PROCESS AND
REQUEST FOR APPEAL
Applicant. Robert and Martha Sisk File Number: SAW -2014-00517 Date: December 16, 2014
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 - ` he following identiifsees your rights and options regaling an administrative appeal of the above decision,.
Additional information may be found at httn : fA',+.K°.usace.army_nuL','%ii1Zsion&0CiNilWorkRe�ulatcrEPrRmmgidPe t M?: or
CvrarcguL�jior:s ai i3 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.
SF.CIrION II - REQU S7' FOR _APPE APPEAL or OBJI CTIONS *10 AN INI ll.kL PROFFERRI) PMfIT__
_
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.
PONT Or CONTACT FFR QUl=STJONS 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: Tasha Alexander
CESAD-PDO
828-271-7980
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room l OM 15
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 investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn.: Tasha Alexander, 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]

ATTACHMENT A 4;: ?� - 1N
PRELIMINARY JURISDICTIONAL DETERMINATION FORM ek •
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD):
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Ben Furr - ICA Engineering, Inc.
5121 Kingdom Way, Suite 100, Raleigh, NC 27607
C. DISIR�T OF`l IC, ILE Nj/,- , AND-2a
_N2D NUMBER: C/
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
Roses Creek - Sisk Fann Road, Morganton, NC (Stream Mitigation Project for NCEEP)
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT
SITES)
State: NC
County/parish/borough: Burke
City: Morganton
Center coordinates of site (lat/long in degree decimal format):
Lat. 35.85027 ON; Long. -81.81975
f
Universal Transverse Mercator: 17N
Name of nearest waterbody: Rases creek
Identify (estimate) amount of waters in the review area:
Non -wetland waters:
5465 linear feet: 5 to 25 width (ft) and/or acres.
Cowardin Class: R3UBM
Stream Flow: Perennial
Wetlands: 0.36 acres.
Cowardin Class: PEM1
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal:
Non -Tidal:

E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY):
❑ Office (Desk) Determination. Date:
�eld Determination. Date(s): 3 r 1 % —1
zl
SUPPORTING DATA. Data reviewed for preliminary JD
(check all that apply - checked items should be included in case file and,
where checked and requested, appropriately reference sources below):
✓❑ Maps, plans, plots or plat submitted by or on behalf of the
applicant/consultant: Jurisdictional Features Map, USGS Topographic Map, NRCS Soils Map
❑✓ Data eets prepared/submitted by or on behalf of the
app consultant.
Office concurs with data sheets/delineation report.
Office does not concur with data sheets/delineation report.
❑ 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:_
❑✓ USDA Natural Resources Conservation Service Soil Survey.
Citation: 2006- Soil Survey of Burke County, North Carolina. USDA. NRCS.
❑ National wetlands inventory map(s). Cite name:
❑ State/Local wetland inventory map(s)-
FEMA/FIRM maps: FEMA Map Number 3710176600J, Panel 1766, Effective Data 9/5/2007
❑ 100 -year Floodplain Elevation is:
(National Geodectic Vertical Datum of 1929)
❑✓ Photographs: ❑✓ Aerial (Name & Date): Taken by ICA with UAV -2014 or
W1 Other (Name & Date): site Photographs taken by ICA- 2013, 2014
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
2

1. The Corps of Engineers believes that there may be jurisdictional waters of the
United States on the subject site, and the permit applicant or other affected party
who requested this preliminary JD is hereby advised of his or her option to
request and obtain an approved jurisdictional determination (JD) for that site.
Nevertheless, the permit applicant or other person who requested this
preliminary JD has declined to exercise the option to obtain an approved JD in
this instance and at this time.
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
approved JD for the activity, the permit applicant is hereby made aware of the
following: (1) the permit applicant has elected to seek a permit authorization
based on a preliminary JD, which does not make an official determination of
jurisdictional waters;. (2) that the applicant has the option to request an approved
JD before accepting the terms and conditions of the permit authorization, and
that basing a permit authorization on an approved JD could possibly result in less
compensatory mitigation being required or different special conditions; (3) that
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)
that 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) that undertaking
any activity in reliance upon the subject permit authorization without requesting
an approved JD constitutes the applicant's acceptance of the use of the
preliminary JD, but that either form of JD will be processed as soon as is
practicable; (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 preliminary JD constitutes agreement that all
wetlands and other water bodies on the site affected in any way by that activity
are jurisdictional waters of the United States, and precludes 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 approved JD or a preliminary JD, that JD
will be processed as soon as is practicable. Further, an approved JD, 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,
and that in any administrative appeal, jurisdictional issues can be raised (see 33
C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary
to make an official determination whether CWA jurisdiction exists over a site, or
to provide an official delineation of jurisdictional waters on the site, the Corps will
provide an approved JD to accomplish that result, as soon as is practicable.

This preliminary JD finds that there °maybe°waters of the United States on the
subject project site, and identifies all aquatic features on the site that could be
affected by the proposed activity, based on the following information:
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.
LQ
6AW&C v
i) C�u
ature ahYdate of Sign re and date of
ulatory Project Manager person requesting preliminary JD
DUIRED) (REQUIRED, unless obtaining
the signature is impracticable)
4

Table 1. Jurisdictional Features Table
Site Number
Latitude
Longitude
Cowardin
Estimated
Class of
Class
amount of
aquatic
aquatic
resource
resource in
review area
W1
35.8490
-81.81635
PEM1
0.26 acre
Non -Section
10 wetland
W2
35.85366
-81.82057
PEM1
0.1 acre
Non -Section
10 Wetland
Roses Creek
35.85027
-81.8197
R3UB1
3,388 linear
Perennial
feet
Stream
UT 1
35.85309
-81.82132
R3UB1/2
930 linear
Perennial
feet
Stream
UT 2
35.85116
-81.81927
R3UB1/2
609 linear
Perennial
feet
Stream
UT 3
35.84866
-81.81688
R3UB1/2
558 linear
Perennial
feet
Stream
Total
Stream
5,485 linear
feet
Wetland
0.36 acre

McKeithan, Katie
From: Turner, Herb
Sent: Thursday, April 17, 2014 8:33 AM
To: Besler, Doug A.
Cc: Deaton, Shannon L.; Wood, Chris J.; Russ, W. Thomas; Loftis, C. Scott; McKeithan, Katie
Subject: RE: Roses Creek Stream Mitigation Site
Doug,
Thank you for your review and comments on the above referenced project.
Regards,
Herb
W. Herbert Turner, Jr., PE, CFM
ICA Engineering, Inc.
5121 Kingdom Way, Suite 100, Raleigh, NC 27607
T 919.851.6066 1 D 919.900.1640
From: Besler, Doug A. [maiIto: doug.besler(a)ncwildlife.org]
Sent: Wednesday, April 16, 2014 2:50 PM
To: Turner, Herb
Cc: Deaton, Shannon L.; Wood, Chris J.; Russ, W. Thomas; Loftis, C. Scott
Subject: Roses Creek Stream Mitigation Site
Good afternoon Ms. McKeithan,
I was forwarded your letter requesting review and comment on any possible issues that might emerge with respect to fish
and wildlife associated with the proposed Roses Creek Stream Mitigation Project, Burke County, NC. I have reviewed
the location map and consulted with several colleagues. In general, we support the stream restoration work and
conservation easement as Roses Creek is severely degraded in many locations and this particular site looks to be a good
location for stream restoration and enhancement activities. There are no trout resources at this location so we would not
request the trout spawning moratorium. There are however, two State listed mussel species (Villosa delumbis &
Alasmidonta varicosa) that have been located downstream in Warrior Fork by agency staff. We have not sampled the
project location, but have plans to sample in the watershed, perhaps in 2014 if schedules allow. If mussels of concern are
found on site, they could potentially be relocated during the construction phase and returned as conditions allow.
Please let me know if you have any additional questions or if we can provide additional information. We look forward to
commenting on the project as it enters permitting.
Thanks,
Doug
Doug Besler
Mountain Region Fisheries Supervisor
North Carolina Wildlife Resources Commission
645 Fish Hatchery Rd.
Marion, NC 28752
828-659-8684 Ext. 221 (Office)
919-818-7886 (Mobile)
dou .b�(a,ncwildlife.org

Email correspondence to and from this sender is subject to the N.C. Public Records Law and maybe disclosed to third parties.