20171291 Ver 1_PCN Form Submission_20190612

302 Jefferson Street, Suite 110
Raleigh, NC 27605

Corporate Headquarters
6575 West Loop South, Suite 300
Bellaire, TX 7740
Main: 713.520.5400

res.us

June 10, 2019

Mac Haupt
NC DWR, 401 & Buffer Permitting Branch
512 North Salisbury St.
Raleigh, NC 27604

RE: Nationwide 27 Permit Application for The Gideon Mitigation Site

Dear Mr. Haupt,
Resource Environmental Solutions (RES) is pleased to submit a Nationwide Permit 27 Pre-Construction
Notification (PCN) for the Gideon Mitigation Site (Project). The Project is located within a watershed
dominated by agricultural, forested and low-density residential land use in eastern Yadkin, North Carolina,
approximately ten miles north of Elkin. The Project area exhibits reduced hydrology and habitat value as a
result of past and on-going agricultural activities. The Project will involve the restoration, enhancement,
and preservation of three streams in the Yadkin River Basin. The Project has been designed in concurrence
with the NCDMS Little Sebastian Mitigation Bank. The Little Sebastian site lies just upstream and just
downstream of the Project.
The objective for this mitigation project is to restore and design natural waterways through stream
complexes with appropriate cross-sectional dimension and slope that will provide function and meet the
appropriate success criteria agreed upon in the mitigation plan. Accomplishing this objective entails the
restoration of natural stream characteristics, such as stable cross sections, planform, and in-stream habitat.
The floodplain areas will be hydrologically reconnected to the channel to provide natural exchange and
storage during flooding events. Total wetland impacts resulting from the proposed project are 0.568 acres.
Total stream impacts resulting from the proposed project are 2,105 linear feet. There are no regulated DWR
buffers on this Project but the project will overall benefit riparian buffers.

Thank you for your prompt attention to this important project. Please contact me at 919-209-1062 or
[e-mail] if you have any questions or require any additional information.

Sincerely,

Brad Breslow
Regulatory Manager
Resource Environmental Solutions, LLC

DR
02*10n of Water R"Ourc"
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
Initial Review
Has this project met the requirements for acceptance into the review process?*
r Yes
r No
Is this project a public transportation project?*
r Yes r No
Change only if needed.
BIMS # Assigned *
Version#*
20171291
1
Is a payment required for this project?*
* No payment required
What amout is owed?*
* Fee received
r $240.00
r Fee needed - send electronic notification
r $570.00
Reviewing Office* Select Project Reviewer*
Central Office - [phone] Mac Haupt:eads\dmhaupt
Information for Initial Review
1a. Name of project:
Gideon
1a. Who is the Primary Contact?*
Brad Breslow
1 b. Primary Contact Email:*
[e-mail]
Date Submitted
6/12/2019
Nearest Body of Water
Mill Creek
Basin
Yadkin-PeeDee
Water Classification
CLass C, TR, & ORW
Site Coordinates
Latitude:
36.39659
A. Processing Information
County (or Counties) where the project is located:
Surry
Is this project a public transportation project?*
r Yes r No
Longitude:
-80.85833
1a. Type(s) of approval sought from the Corps:
V Section 404 Permit (wetlands, streams and waters, Clean Water Act)
F Section 10 Permit (navigable ureters, tidal waters, Rivers and Harbors Act)
1 b. What type(s) of permit(s) do you wish to seek authorization?
P Nationwide Permit (NWP)
F- Regional General Permit (RGP)
r- Standard (IP)
1c. Primary Contact Phone:*
[phone]

1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
P 401 Water Quality Certification - Regular
F Non -404 Jurisdictional General Permit
F Individual Permit
27 - Restoration
F 401 Water Quality Certification - Express
F Riparian Buffer Authorization
1e. Is this notification solelyfor the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
19. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
Owner W Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
O Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Jimmy Edward Nixon & Vivian J Life Estate
2b. Deed book and page no.:
2c. Responsible party:
2d. Address
Street Address
621 Ed Nixon Road
Address Line 2
City
Thurmond
Pbstal / Zip Code
28683-8033
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Brad Breslow
State / Rwince / lbjion
North Carolina
Country
United States
2f. Fax Number
r Yes r No
rYes rNo

3b. Business Name:
RES
3c.Address
Street Address
302 Jefferson Street
Address Line 2
Suite 110
City
Raleigh
Postal / Zip Code
27605
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
tb. Subdivision name:
(ff appropriate)
1c. Nearest municipality / town:
Elkin
2. Project Identification
State / Frminoe / fbgion
North Carolina
Country
United States
3e. Fax Number:
2a. Property Identification Number:
2b. Property size:
495600381791
11.22
2c. Project Address
Street Address
Address Line 2
City
State / Frminoe / Region
Postal / Zip Code
Country
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Mill Creek
3b. Water Resources Classification of nearest receiving water:*
CLass C, TR, & ORW
3c. What river basin(s) is your project located in?*
Yadkin-PeeDee
3d. Please provide the 12 -digit HUC in which the project is located.
03040101
4. Project Description and History
4a. 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 Gideon Mitigation Project ('Project') is a stream mitigation project located within a primarily rural watershed in Surry County, North Carolina. The Site is located within the Yadkin
River Basin (HUC 03040101, TLW 03040101080020) and in the Middle Mitchell River Watershed, a Targeted Local Watershed (TLW). The Middle Mitchell River TLW encompasses 25
square miles of watershed area. Within the 3,191 -acre drainage area of the project, the primary land use within the drainage area consists of approximately 89 percent forest, 10
percent agricultural land, and less than one percent of the total watershed is impervious surface.
The Project area is comprised of one easement areas along Mill Creek; totaling 11.22 acres and 4,614 existing linear feet of stream. This project lies between the western and eastern
portion of the North Carolina Division of Mitigation Services ("NCDMS") Little Sebastian Mitigation Project. There are three easement breaks; one between JN4-A and JN4-B, that is an
existing road that will be maintained, and is approximately 73 feet wide; the second easement break is between JW -A and JW -B, that is an existing road that will be maintained, and is
approximately 28 feet wide; the third easement break is between JN6-B and JN6-C, that will be a culvert, and is approximately 31 feet wide. The stream channels include Mill Creek and
three unnamed tributaries, split into eight reaches based on proposed treatment type. The US Fish and Wildlife Service (USFWS) National Wetland Inventory Map (NWI) does not depict
any potential wetland areas within the Project, but there is freshwater pond mapped northwest of the project.
In general, all or portions of JN4-A, JN4-B, JNS, JN6-B, JW -C, MC2-A, and MC2-B do not function to their full potential; whereas JN6-A seems to have functionality and is proposed for
preservation only. Current conditions demonstrate significant habitat degradation as a result of impacts from agriculture, livestock production, and lack of riparian buffer. Being heavily
eroded and incised, some of the streams do not access their floodplains as frequently as they naturally would have prior to agricultural operations. In many cases in the lower
elevations, the riparian buffer is in poor condition where much of the riparian buffer is devoid of trees or shrubs and row crops are present up to the edge of the existing channel. In
some of the higher elevation reaches, trees are present, the but understory riparian buffer has been heavily impacted by cattle. Habitat along the majority of the restoration reaches is
poor in that there is little woody debris or overhanging vegetation for fish cover or protection for other aquatic species.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes 6 No r- Unknown

4d. Attach an 8 1/2 X1 I excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
Figure 5 - USGS Map.pdf
2.49MB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Figure Soils DWR.pdf 1.07MB
4f. List the total estimated acreage of all existing wetlands on the property:
.83
4g. List the total estimated linear feet of all existing streams on the property:
4614
4h. Explain the purpose of the proposed project:*
The objective for this restoration project is to restore and design natural waterways with the appropriate cross-sectional dimension and slope that will provide function and meet the
appropriate success criteria for the existing streams. Accomplishing this objective entails the restoration of natural stream characteristics, such as stable cross sections, planform, and
in -stream habitat. The floodplain areas Wil be hydrologically reconnected to the channel to provide natural exchange and storage during flooding events. The design will be based on
reference conditions, USACE guidance (USACE, 2005), and criteria that are developed during this project to achieve success. Additional project objectives, such as restoring the
riparian buffer with native vegetation, ensuring hydraulic stability, and treating invasive species.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*

The design approach for the Gideon Mitigation Project is to combine the analog method of natural channel design with analytical methods to evaluate stream flows and hydraulic
performance of the channel and Floodplain. The analog method involves the use of a "template" stream adjacent to, nearby, or previously in the same location as the design reach. The
template parameters of the analog reach are replicated to create the features of the design reach. The analog approach is useful when watershed and boundary conditions are similar
between the design and analog reaches. Hydraulic geometry was developed using analytical methods in an effort to identify the design discharge.
The Project will include priority I stream restoration, enhancement I, enhancement III, and preservation. Stream restoration will incorporate the design of a single -thread meandering
channel, with parameters based on data taken from reference sites, published empirical relationships, regional curves developed from existing project streams, and NC Regional
Curves. Analytical design techniques are also a crucial element of the project used to determine the design discharge and to verify the design as a whole.
Engineering analyses were performed using various hydrologic and hydraulic models to verify the reference reach based design and to estimate bankfull flows, and flows corresponding
to other significant storm events. As part of the design process, a qualitative analysis of sediment supply was performed by characterizing watershed conditions through a study of
existing land use data and historical aerial photography, followed up by ground truthing. Design parameters developed through the analyses of reference reach data, watershed
characterizations, and hydrologic and hydraulic modeling were confirmed using HEC -RAS in conjunction with shear stress and velocity analyses.
Geomorphic and habitat studies were performed concurrently with the engineering analyses. While the stream design was verified by simulations of hydrology and fluvial processes,
analogs of desirable habitat features were derived from reference sites and integrated into the project design. In -stream structures will be used throughout the project to act as grade
control and for bank stabilization by dissipating and redirecting the stream's energy. Bank stability may further be enhanced through the installation of brush mattresses, live stakes and
cuttings bundles.
Sections of abandoned stream channel will be backfilled with material excavated from on site to the elevation of the floodplain in areas adjacent to the new channel, installing channel
plugs where necessary. The floodplain will be planted with native species creating a vegetated buffer, which will provide numerous water quality and ecological benefits. Stream banks
will be stabilized using a combination of grading, erosion control matting, bare -root plantings, native material revetment techniques (i.e., bioengineering), structure placement, and sod
transplants where possible. The stream and adjacent riparian areas will be protected by a minimum 30 -foot conservation easement which will be fenced to exclude livestock as needed.
In conjunction with the stream restoration, adjacent wetland hydrology will be enhanced through raising the channel bed. No wetland mitigation credits will be generated from the
enhancement of these wetland areas; however, the enhancement and protection of these currently degraded wetlands will store excess water during flood events, prevent erosion of
stream banks, and reduce in -stream sedimentation and nutrients.
The Project has been broken into the following design reaches:
Reach JN4-A - This reach begins on the southwest end of the project, flows east to JN4-B, and totals 213 linear feet of Enhancement III. Woodland is located adjacent to the reach.
Enhancement activities will include improving habitat through livestock exclusion fencing and light supplemental planting. The livestock exclusion fencing will provide wildlife corridors
throughout the Project area and will remove livestock access to the riparian areas.
Reach JN4-B - This reach begins on the southwest end of the project from JN4-A, flows east to JN5, and totals 264 linear feet of Enhancement 1. Actively managed pasture is located
adjacent to the reach. Enhancement activities will include removing pipe in old channel, fixing current culvert, grading banks, installing grade control structures, planting the buffer, and
rattle exclusion. The livestock exclusion fencing will provide wildlife corridors throughout the Project area and will remove livestock access to the riparian areas.
Reach JN5 — This reach begins on the southern end of the project, and flows northeast to MC2-B. This reach totals 248 linear feet of Enhancement 1. Actively managed pasture is
located adjacent to the reach. Enhancement activities will include improving habitat through supplemental buffer plantings and livestock exclusion fencing. Minimal bank grading and
buffer re-establishment is also proposed along the downstream end, and a grade control structure will be installed at the tie-in with MC2-A. The restoration of the riparian areas at the
downstream end will filter runoff from adjacent pasture, reduce sediment loads, and provide wildlife corridors throughout the Project area.
Reach JN6-A - This reach begins on the northern end of the project, near Wetland G, and flows south to J1\16-13. The reach totals 508 linear feet of Preservation. Dense woodland is
located adjacent to the reach. Preservation activities will include improving habitat through the construction of livestock exclusion fencing and supplemental planting of the left bank.
There will be no impact to Wetland G, as the reach is Preservation and will not have any ground disturbance.
An easement break is proposed at the break with JN6-A and JN6-B and is an old road. Stabilization measures on the road will likely include installing one to two water bars, and possibly
some minor grading and stone.
Reach JN6-B - This reach begins on the north end of the project, from JN6-A and flows south to JN6-C through Wetland D. This reach totals 707 linear feet of Enhancement III. Dense
woodland is located adjacent to the reach. Enhancement activities will include improving habitat through livestock exclusion fencing, and removing the livestock crossing. The livestock
exclusion fencing will provide wildlife corridors throughout the Project area and will remove livestock access to the riparian areas. There might be temporary impacts in Wetland D, due
to the removal of the livestock crossing at the end of Reach JW -B. However, Wetland D will ultimately have a functional uplift, increasing hydraulic function in the wetland due to the
crossing removal. All wetland impacts will be accounted for in the Pre -Construction Notification form.
Reach JN6-C - This reach begins on the southern end of the project, from JN6-B, and flows southeast to MC2-B through Wetland E. This reach will be 1,243 linear feet of Restoration
and the southern portion of JN6-C will be realigned through Wetland F back to its historic location. Sparse woodland and actively managed pasture is located adjacent to the reach.
Restoration activities will include constructing a new channel with appropriate dimensions and pattern and backfilling the abandoned channel. In -stream structures such as log sills, log
toes, and log vanes will be installed for stability and to improve habitat. Habitat will further be improved through buffer plantings and livestock exclusion. Proposed buffer activities will
improve riparian areas that will filter runoff from adjacent pastures, thereby reducing nutrient and sediment loads to the channel.
There will be temporary impacts in Wetland E and Wetland F, due to the construction activities of JN6-C. Cattle currently have access to these wetland areas and will be fenced out post
construction. The reach and wetlands are degraded from cattle access and pasture -use. While this project is not claiming any wetland credit, the raised channel bed should enhance
the wetlands' hydrology by reconnecting the floodplain wetlands to the stream. Three gauges will be installed along this reach to monitor the wetland hydrology and will be reported in
the yearly monitoring reports. All wetland impacts will be accounted for in the Pre -Construction Notification form.
An easement break is proposed near the upper end of the reach to improve a crossing. The existing culvert will be removed and replaced with 24 linear feet of 30" RCP. Additionally,
the two small buildings located adjacent to the easement break will be removed.
Reach JN7 — Reach JN7 begins downstream of Wetland F adjacent to the floodplain of MC2-B. Realignment of Reach JN6-C will include the jurisdictional length of JN7 in its entirety.
Reach MC2-A - This reach begins at the west end break of the NCDMS Little Sebastian Site, and flows southeast to MC2-B. This reach totals 1,045 linear feet of restoration. Actively
managed pasture is present on both sides of the reach. Restoration activities will include constructing a new channel within the natural valley with appropriate dimensions pattern and
backfilling the abandoned channel. Native bed material will be harvested when possible. In -stream structures such as log sills, brush toes, and log vanes will be installed for stability and
to improve habitat. Habitat will further be improved through buffer plantings and livestock exclusion. A crossing with a culvert wi11 be installed along this reach. Proposed buffer activities
will improve riparian areas that will filter runoff from adjacent pastures, thereby reducing nutrient and sediment loads to the channel. The NCDMS Little Sebastian Site will be constructed
in tandem with the project.
Reach MC -213 -This reach begins on the east end of the project, from MC2-C, and flows east to MC3-A on the Little Sebastian Mitigation Site. This reach totals 578 linear feet of
Enhancement III. Woodland is located adjacent to the reach. Enhancement activities will include improving habitat through livestock exclusion fencing and planting the buffer on the left
bank. The livestock exclusion fencing will provide wildlife corridors throughout the Project area and will remove livestock access to the riparian areas. The Little Sebastian Site will be
constructed in tandem with the project.
4j. Please upload project drawings for the proposed project.
20190528_ Gideon Stream Mitigation Site.pdf 9.84MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes
f No
Comments:
The PJD
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r NIA
Corps AID Number:
SAW -2017-01462
5c. If Sa is yes, who delineated the jurisdictional areas?
O Unknown

Name (if known): Jeremy Schmid
Agency/Consultant Company: RES
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Ajurisdictional determination request was sent to the USACE on October 26, 2017. The PJD was approved on May 22,2018. An update was sent the Corps on November 7, 2018 (See
supplemental for reach ID summary).
5d1. Jurisdictional determination upload
Approved PJD-Gldeon.pdf 745.41 KB
6. Future Project Plans
6a. Is this a phased project?*
Yes r No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory u
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
® Wetlands ® Streams -tributaries r Buffers
❑ Open Waters 17 Pond Construction
2. Wetland Impacts
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.436 0.132
2g. Total Wetland Impact
0.568
2h. Comments:
Wetland impacts associated with restoration efforts occurring adjacent to the epsting wetlands will be minimized by the restoration plan. Creating a
new stream channel and enhancing eAsting channels will only impact wetlands slightly and will provide an overall increase in wetland function with the
addition of native trees and shrubs along the stream banks. There will be a total of 0.568 acres of wetland impacts, of which 0.436 acres will be
temporary impacts, and 0.132 acres will be permanent impacts.
3. Stream Impacts
2a1 Reason(?)
2b. Impact type * M
2c. Type of W. *
2d. W. name *
2e. Forested *
2f. Type of
Jurisdicition*(?)
2g. Impact
area*
W1
Crossing Installation
P
Bottomland Hardwood Forest
W1
No
Corps
0.009
length
S1
Relocation
Permanent
Relocation
MC2-A
(acre)
W2
Stream Restoration
T
Bottomland Hardwood Forest
W2
No
Corps
0.304
Average (feet)
(linear feet)
S2
Culvert
Permanent
(acres)
W3
Stream Restoration
P
Bottomland Hardwood Forest
W3
No
Corps
0.044
Average (feet)
(linear feet)
S3
(acres)
W4
Stream Restoration
T
Bottomland Hardwood Forest
�W4Yes
Corps
0.132
Average (feet)
(acres)
WS
Stream Restoration
P
Bottomland Hardwood Forest ]ff7
JN6-C
f=�forps
19:::]
6
964
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.436 0.132
2g. Total Wetland Impact
0.568
2h. Comments:
Wetland impacts associated with restoration efforts occurring adjacent to the epsting wetlands will be minimized by the restoration plan. Creating a
new stream channel and enhancing eAsting channels will only impact wetlands slightly and will provide an overall increase in wetland function with the
addition of native trees and shrubs along the stream banks. There will be a total of 0.568 acres of wetland impacts, of which 0.436 acres will be
temporary impacts, and 0.132 acres will be permanent impacts.
3. Stream Impacts
3a. Reason for impact (?)
3b.lmpact type *
3c. Type of impact*
3d. S. name *
3e. Stream Type *
3f. Type of
width *
3h. Impa*ct
❑
M
Jurisdiction*
length
S1
Relocation
Permanent
Relocation
MC2-A
Perennial
Cors
P
17
1, 110
Average (feet)
(linear feet)
S2
Culvert
Permanent
Culvert
JN6-C
Perennial
Corps6
24
Average (feet)
(linear feet)
S3
Culvert
Tem ora
P rY
Culvert
JN6-C
Perennial
Corps6
7
Average (feet)
linear feet)
Relocation
Permanent:]
Relocation
JN6-C
Perennial
Corps
6
964
Average (feet)
linear feet)

31. Total jurisdictional ditch impact in square feet:
31. Total permanent stream impacts: 31. Total temporary stream impacts:
2,098 7
31. Total stream and ditch impacts:
996
3j. Comments:
Impacts due to the relocation of the stream to natural valley will provide a net gain in ecological function to the stream and wetland system. Active
pasture and wooded active pasture is located adjacent to all project reaches. Restoration is proposed along these reaches to address channel
degradation and bank erosion caused by cattle access. For stream relocation and impacts: Stream Impact 1, the existing length is 1,110 linear feet
(LF), and the new length will be 1,045 LF; Stream Impact 4 the ebsting stream length is 964 LF and the new length will be 1,243 LF; Stream Impact 5,
the eAsting stream length for the entire reach is 55 LF however, due to the re -alignment of JN6-C will include the jurisdictional length of JN7 its
entirety.
Impacts that are due to the installation of culverts (S2 and S3), where the permanent impacts include the installation of a 24 LF of 30 -inch pipe, and
the temporary impacts include a minimum of seven -foot area adjacent to where the culvert will be installed.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Due to the nature of this project, complete avoidance is not possible. Both stream and wetland impacts were considered when designing the Gideon
Mitigation project. This project should uplift the ecological quality of streams and wetlands on site. In one instance, instead of working within Wetland F
and causing significant temporary impacts, restoration work will stop once JN6-C is within the Wetland F, and be allowed to restore naturally. Although
we are showing permanent impacts along the centerline of JN6-C within Wetland F, it is anticipated that ecological uplift will occur within Wetland F by
providing additional hydrologic connectivity.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Impacts are minimized using a staged construction approach. Where possible the channel will be constructed prior to turning stream flow into a
segment. This approach allows minimization of the impact of each stage during the project construction. Additionally, all work in wetlands and streams
Will be conducted during dry conditions and/or with mats to protect soil structure. Efforts will be made to preserve individual high value trees located
Within the stream restoration area.
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?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
If no, explain why:
There will be no increase in impervious surface due to this project.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r No
Comments:
There will be no increase in impervious surface due to this project.
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
2. Violations (DWR Requirement)

2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B.0200)?*
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r^ Yes r No
3b. If you answered "no," provide a short narrative description.
This project will not result in an additional development that would impact water quality downstream. Ultimately, there will be an increase in water
quality within the project, due to the restoration and enhancement of project streams, planting of the riparian buffer, excluding livestock, and the
establishment of a conservation to be protected in perpetuity.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
rYes rNo0NYA
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r' No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r' No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
r' Yes r No r Unknown
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut anytrees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWS IPAC and Natural Heritage Program Database
Consultation Documentation Upload
USF W S_Letter. pdf 271.65KB
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA Essential Fish Habitat Mapper
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 status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
NC SHPO GIS Database and confirmation from coordination with SHPO.
7c. Historic or Prehistoric Information Upload
SHPO.pdf 288.75KB
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?*

O Yes O No
8b. If yes, explain how project meets FEMA requirements:
According to the North Carolina Floodplain Mapping Information System, the Project includes a portion of Mill Creek within the FEMA 100 -year flood
zone (Zone AE, one percent annual chance of flooding. No regulated floodway is mapped. Hydraulic modeling will be required to determine whether
restoration activities will have an effect on 100 -year flood elevations downstream. The design and permitting of the mitigation will include coordination
with the Surry County Floodplain Administrator and a No -Rise Certification or CLOMR/LOMR will be secured. No hydrologic trespass will be permitted
to adjacent properties upstream or downstream of the project. The Project can be found on Flood Insurance Rate Map (FIRM) Panel 4946 (map
number 3710494600J), effective date August 18, 2009.
8c. What source(s) did you use to make the floodplain determination?*
FEMA FIRM Panel 4946 Map # 3710494600J
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
Gideon—PCN Final.pdf 2.84MB
Gideon—PCN Cover Letter DWR.pdf 187.21 KB
Signature
m By checking the box and signing below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Brad Breslow
Signature
ri'"LOW
Date
6/12/2019
u

Landowner Authorization Form
Site:
Property Legal Description
Deed Book: $36 Page: 1044 County: Surly
Parcel ID Number: 495600381791
Street Address: 0 Ed Nixon Road
Thurmond, NC 28683
Property Owner (please print:) Stephen & Amy Shore
Property Owner (please print: )Jimmy Edward Nixon & Vivian J. Lite Estate
The undersigned, registered property owners of the above property, do hereby authorize
Resource Environmental Solutions, the NC Division of Water Resources, and the US Army Corps of Engineers,
their employees, agents or assigns to have reasonable access to the above referenced property for the evaluation of
the property as a potential stream„ wetland, and or riparian Buffer restoration project, including conducting stream
and or wetland determinations and delineations, as well as issuance and acceptance of any required permit(s) or
certification(s)-
Property Owner Address.: 433 Ed Nixon Road
(if different from above) Thurmond, NC 28683
Me hereby certify the above information to be true and accurate to the best of mylour knowledge.
(Property Owner Authorized Signature)
CII
(Property Owner Authorized Signature)
-6-J-�
Date
Date

0 2,0001,000
Feet
Figure 5 - USGS Map Bottom (1973)
Gideon Mitigation Site
Surry County, North Carolina
©Date: 5/31/2019
Drawn by: MDE
Document Path: S:\@RES GIS\Projects\NC\Gideon\MXD\PCN\Figure 5 - USGS Map.mxdLegend
Proposed Easement
Drainage Area
Checked by: JRM
MC23191 ac
JN438 ac
JN650 acJN5198 ac
1 inch = 2,000 feet
0 1,000500
Feet
Figure 4 - Soils Map
Gideon Mitigation Site
Surry County, North Carolina
©Date: 6/12/2019
Drawn by: GDS
Document Path: S:\@RES GIS\Projects\NC\Gideon\MXD\PCN\Figure Soils DWR.mxdLegend
Proposed Easem ent
Checked by: JRM
1 inch = 1,000 feet
a
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona N. Bartos, Administrator ,
Clot -error Roy Cooper
Secretary Suss If. [Ianodmn
November 7, 2017
Daniel Ingram
Resource Environmental Solutions
302 Jefferson Street, #110
Raleigh, NC 27605
Re: RES Yadkin 01 Stream and Wetland Umbrella Mitigation Bank, ER 17-1991
Dear Mr. Ingram:
Thank you for your letter of July 7, 2017, concerning the above project.
Office of Arcluves and History
Dcpnry Secretary Kecin Cherry
We have conducted a review of the project and are aware of no historic resources which would be
affected by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
please contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or
[e-mail]. In all future communication concerning this project, please cite the
above -referenced tracking number.
Sincerely,
OR amona M. Bartos
Location: 109 hast (ones Street, Raleigh NC 27601 Mailing Address: 4617 Nail Sen -ice Center, Raleigh NC 27699-0@77 Telephone/Fax: [phone]-6599

302 Jefferson Street, Suite 110
Raleigh, NC 27605
Corporate Headquarters
5020 Montrose Blvd. Suite 650
Houston, TX 77006
Main: 713.520.5400
res.us
January 4, 2018
Mrs. Janet Mizzi
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Subject: Project Scoping for Gideon Mitigation Project in Surry County
Dear Mrs. Mizzi,
Resource Environmental Solutions (RES) requests review and comment from the United States Fish and
Wildlife Service (USFWS) on any possible concerns they may have with regards to the implementation of
the Gideon Stream Mitigation Bank Project (36°23'47.9"N 80°51'25.2"W). The proposed project involves
the restoration and enhancement of approximately 4,092 linear feet of stream. The Site is currently in
agricultural use, specifically as pasture.
The US Fish and Wildlife Service (USFWS) database (accessed 29 December 2017) lists one endangered
species for Surry County, North Carolina: Schweinitz’s sunflower (Helianthus schweinitzii), and two
threatened species: Northern long-eared bat (Myotis septentrionalis) and Small whorled pogonia (Istoria
medeoloides). No protected species or potential habitat for protected species was observed during
preliminary site evaluations. A review of the NHP database that there are known occurrences of the Brook
floater (Alasmidonta varicose) in the Mitchell River approximately 0.5 miles downstream of the Project
area. Based on initial site investigations, no impacts to federally protected species are anticipated as a result
of the proposed project. Based on initial site investigations, no impacts to federally protected species are
anticipated as a result of the proposed project.
Please provide comments on any possible issues that might emerge with respect to endangered species,
migratory birds, or other trust resources from the planting of a stream enhancement project on the subject
property. Maps showing the location and approximate limits of the conservation easement are enclosed.
We thank you in advance for your timely response and cooperation. You may return the comment to my
attention at the address below. Please feel free to contact me at [e-mail] with any questions that
you may have concerning the extent of site disturbance associated with this project.
Sincerely,
Eric Teitsworth | Ecologist
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801

January 30, 2018

Mr. Eric Teitsworth
Resource Environmental Solutions
302 Jefferson Street, Suite 110
Raleigh, North Carolina 27605

Dear Mr. Teitsworth:
Subject: Gideon Mitigation Site; Surry County, North Carolina
Log No. 4-2-18-120

The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your
correspondence received via email dated January 4, 2018. We submit the following comments in
accordance with the provisions of the Fish and Wildlife Coordination Act, as amended
(16 U.S.C. 661-667e); the National Environmental Policy Act (42 U.S.C. §4321 et seq.); and
section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act).

Project Description
According to your correspondence, you are seeking our scoping comments to inform a NEPA
document for a proposed mitigation bank near Union Hill, North Carolina. The proposed bank
would entail restoration and enhancement of approximately 4,092 linear feet of Mill Creek and
its unnamed tributaries. The proposed project would be located approximately 0.8 river miles
upstream from the Mitchell River. Adjacent land use is dominated by pasture and row crops.

Federally Listed Endangered and Threatened Species
According to Service records, suitable summer roosting habitat may be present in the project
area for the federally threatened northern long-eared bat (Myotis septentrionalis). However, the
final 4(d) rule (effective as of February 16, 2016), exempts incidental take of northern long-eared
bat associated with activities that occur greater than 0.25 miles from a known hibernation site,
and greater than 150 feet from a known, occupied maternity roost during the pup season (June 1
– July 31). Based on the information provided, the project (which may or may not require tree
clearing) would occur at a location where any incidental take that may result from associated
activities is exempt under the 4(d) rule. Although not required, we encourage you to avoid
any associated tree clearing activities during the maternity roosting season from May 15 –
August 15.

You indicated that no potential habitat for protected species was observed during a site
reconnaissance. Additionally, the Service has no record of federally protected species or
respective habitats in the project vicinity. Based on this information, we do not believe the
proposed project would impact federally protected species.

2

However, the proposed project would occur less than one river mile upstream from a reach of the
Mitchell River with recent occurrences for the brook floater mussel (Alasmidonta varicosa). The
brook floater is a federal species of concern and is not currently afforded legal protection under
the Act. However, incorporating proactive conservation measures may help preclude the need to
list this species in the future. Like most freshwater mussels, this species is a sessile benthic
filter-feeder that is highly sensitive to aquatic habitat modifications. Eutrophication- and
sedimentation-mediated impacts are likely among this species’ greatest threats. Agricultural
runoff may transport toxins that impact both juveniles and adults. Attenuating these threats may
benefit this species.

The Service supports responsible and sustainable stream restoration activities and we offer the
following comments in the interest of protecting fish and wildlife resources:

Stream Buffers
Natural, forested riparian buffers are critical to the health of aquatic ecosystems. They
accomplish the following:

1. catch and filter runoff, thereby helping to prevent nonpoint-source pollutants
from reaching streams;
2. enhance the in-stream processing of both point- and nonpoint-source
pollutants;
3. act as “sponges” by absorbing runoff (which reduces the severity of floods)
and by allowing runoff to infiltrate and recharge groundwater levels (which
maintains stream flows during dry periods);
4. catch and help prevent excess woody debris from entering the stream and
creating logjams;
5. stabilize stream banks and maintain natural channel morphology;
6. provide coarse woody debris for habitat structure and most of the dissolved
organic carbon and other nutrients necessary for the aquatic food web; and
7. maintain air and water temperatures around the stream.

Forested riparian buffers (a minimum 50 feet wide along intermittent streams and 100 feet wide
along perennial streams [or the full extent of the 100-year floodplain, whichever is greater])
should be created and/or maintained along all aquatic areas. Within the watersheds of streams
supporting endangered aquatic species, we recommend undisturbed, forested buffers that are
naturally vegetated with trees, shrubs, and herbaceous vegetation and extend a minimum of
200 feet from the banks of all perennial streams and a minimum of 100 feet from the banks of
all intermittent streams, or the full extent of the 100-year floodplain, whichever is greater.)
Impervious surfaces, ditches, pipes, roads, utility lines (sewer, water, gas, transmission, etc.), and
other infrastructures that require maintained, cleared rights-of-way and/or compromise the
functions and values of the forested buffers should not occur within these riparian areas.

Stream Channel and Bank Restoration
A natural, stable stream system is one that is able to transport a wide range of flows and
associated bed load (sediment) while maintaining channel features and neither degrading
(accelerating the erosion of banks and scour of the channel bed) nor aggrading (accelerating the
3

deposition of sediment within the channel). Alterations to the dimension (cross-sectional view of
the channel), pattern (the sinuosity of the channel), or profile (longitudinal slope) of the stream
channel as well as changes to streambank vegetation, floodplains, hydrology, or sediment input
can significantly alter this equilibrium. Accordingly, we recommend the following:

1. Only the absolute minimum amount of work should be done within stream channels to
accomplish necessary reconstruction. The amount of disturbance to in-stream and
riparian areas should not exceed what can be stabilized by the end of the workday.
Restoration plans should account for the constraints of the site and the opportunities to
improve stream pattern, dimension, and profile with minimal disturbance.

2. All reconstruction work should follow natural channel design methodologies that are
based on the bank-full, or channel-forming, stage of the stream. Bank-full stage
maintains the natural channel dimensions and transports the bulk of sediment over time
(Doll et al. 2003). Natural channel conditions should be identified using a reference
reach (nearby stream reaches that exemplify restoration goals). Restoration design
should match the pattern, dimension, and profile of the reference reach to ensure the
project’s success. The Service is available to assist with the identification of reference
reaches.

3. All work in or adjacent to stream waters should be conducted in a dry work area to the
extent possible. Sandbags, cofferdams, bladder dams, or other diversion structures
should be used to prevent excavation in flowing water. These diversion structures should
be removed as soon as the work area is stable. When practical, a pump-around operation
shall be used to divert flow during construction.

4. Equipment should not be operated in the stream unless absolutely necessary. Machinery
should be operated from the banks in a fashion that minimizes disturbance to woody
vegetation. Equipment should be: (a) washed to remove any contaminant residue prior
to project construction, (b) in good working order, and (c) checked to ensure there are no
leaks of potential contaminants (such as oil or other lubricants) prior to and during
construction.

5. Streambanks with deep-rooted woody vegetation are the most stable, and stream
restoration efforts should incorporate the use of native vegetation adapted to the site
conditions. Biodegradable erosion-control materials may be incorporated into
bank-restoration design in order to stabilize soils as vegetation becomes established.
Live dormant stakes (such as black willow) may be used to reestablish root structure in
riparian areas. In areas where banks are severely undercut, high, and steep, whole-tree
revetment or rock may be used as a stabilization treatment (small rock, gravel, sand, and
dirt are not recommended due to their erosive nature), and it should not extend above the
bank-full elevation (the elevation of the channel where the natural floodplain begins).
Deep-rooting woody vegetation should be established along banks where any channel
work is accomplished. Tree and shrub plantings should be spaced at intervals no greater
than 10 feet along banks. Vegetated riparian zone widths should be as wide as practical
but should extend at least 30 feet from the stream channel.
4

6. Adequate measures to control sediment and erosion must be implemented prior to any
ground-disturbing activities in order to minimize effects on downstream aquatic
resources. In North Carolina, non-cohesive and erosion-prone soils are most common in
the felsic-crystalline terrains of the mountain and upper piedmont regions (Miller and
Kochel 2010). Therefore, reconstruction work should be staged such that disturbed areas
would be stabilized with seeding, mulch, and/or biodegradable (coir) erosion-control
matting prior to the end of each workday. No erosion-control matting or blankets should
contain synthetic (netting) materials. Matting should be secured in place with staples;
stakes; or, wherever possible, live stakes of native trees. If rain is expected prior to
temporary seed establishment, additional measures should be implemented to protect
water quality along slopes and overburden stockpiles (for example, stockpiles may be
covered with plastic or other geotextile material).

7. Woody debris, detritus, and other vegetative materials are the main sources of nutrients
and carbon necessary for primary productivity in stream ecosystems. Removal of this
material can impact the production of higher trophic levels, including fish. The Service
does not recommend the removal of woody debris within the stream channel or
floodplain unless it is causing a debris blockage (logjam) or will affect the ability to
achieve bank stability along a specific reach of stream. Woody debris that must be
removed should be chipped on the site.

8. At each restoration site, cross-sections (at intervals based on restoration reach size),
longitudinal profiles, and stream-pattern plans should be measured and mapped prior to
and immediately following any channel work. In addition, photographs should be taken
to document the condition of the project site prior to initiating the work and upon
completion of the work. However, since a project’s restoration success does not
necessarily equate to biological success, the ecological goals of the project should be
clearly defined and assessed for improvement after construction is completed (Palmer
et al. 2005).

The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron
Hamstead of our staff at 828/258-3939, Ext. 225, if you have any questions. In any future
correspondence concerning this project, please reference our Log Number 4-2-18-120.

Sincerely,

- - original signed - -

Janet Mizzi
Field Supervisor

5

References

Doll, B.A., G.L. Grabow, K.R. Hall, J. Halley, W.A. Harman, G.D. Jennings, and
D.E. Wise. 2003. Stream Restoration: A Natural Channel Design Handbook.
North Carolina Stream Restoration Institute, North Carolina State University.
128 pp.

Hall, K. 2003. Recommended Native Plant Species for Stream Restoration in North
Carolina. Raleigh: North Carolina Stream Restoration Institute, North Carolina
State University.

Miller, J.R., and Kochel, R.C. 2010. Assessment of channel dynamics, in-stream
structures and post-project channel adjustments in North Carolina and its
implications to effective stream restoration. Environmental Earth Sciences, 59(8),
pp. 1681-1692.

Palmer, M.A., E.S. Bernhardt, J.D. Allan, P.S. Lake, G. Alexander, S. Brooks, J. Carr,
S. Clayton, C.N. Dahm, J. Follstad Shah, and D.L. Galat. 2005. Standards for
ecologically successful river restoration. Journal of Applied Ecology, 42(2),
pp. 208-217.

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2017-01462 County: Surry U.S.G.S. Quad: NC- Bottom
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner:
RES
Jeremy Schmid
Address:
302 Jefferson Street, Suite 110
Raleigh, NC 28605
Telephone Number:
919-926-1473
E-mail:
ischmidAres.us
Size (acres) 27.8 Nearest Town Dodson
Nearest Waterway Mill Creek River Basin Upper Yadkin
USGS HUC 03040101 Coordinates Latitude: 36.39654
Longitude: -80.8584
Location description: The project site Gideon Mitigation site is located on Ed Nixon Road, near Thurmond, North Carolina and
is adiacent to and associated with SAW -2017- 01507 Little Sebastian Mitigation site.
Indicate Which of the Following Apply:
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 10/27/2017. 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 wetlands on 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.

SAW -2017-01462
❑ 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 on DATE. 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 [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 William Elliott at 828-271-7980 ext 4224 or
William.a.elliottCa ..usace.army.mil.
C. Basis For Determination: See the PJD jurisdictional determination form dated 5/22/2018.
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
Atte: 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 obj the de tion in this correspondence.**
Corps Regulatory Official: _William Elliott '
Date of JD: 5/22/2018 Expiration Date of JD: NONE

SAW -2017-01462
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/Pp=13 6:4:0
Copy furnished:
Byron Thomas Shaw II, Mary Beth Shaw, 227 Hawthorne Road, Elkin, NC 28621
Christopher Edward Nixon & Gwyn Dobbins Nixon, Jimmy Edward Nixon & Vivian J. Life Estate, 611 Ed Nixon Road, Thurmond, NC 28683
Stephen & Amy Shore, 433 Ed Nixon Road, Thurmond, NC 28683

NOTIMCATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR A 11"EM.
Applicant: RES. Jeremy Schmid File Number: SAW -2017-01462 1 Date: 5/22/2018
Attached is: See Section below
❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT Standard Permit_or Letter of ermission) B
PERMIT DENIAL C
❑ APPROVED JURISDICTIONAL DETERMINATION D
® PRELIMINARY JURISDICTIONAL DETERMINATION E
S I C" 1' I c 1 N I - 1 'he tol i owing identities your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or
ip;i/vN�iN,.usace.army.mWM!ssic*ns/CivilW+orks/ReeulatoryProp-rarnandPerrnits.a-spr 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 H 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.

For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: William Elliott, 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 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]
SECTION Il - 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 ar
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 of
analyses to the record. However, you may provide additional information to clarify the location of information that is
already in the administrative record.
=P.O O CT F;b
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you
appeal process you may contact:
may also contact:
District Engineer, Wilmington Regulatory. Division
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: William Elliott
CESAD-PDO
Asheville Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 10Ml.5
151 Patton Avenue, Room 208
Atlanta, Georgia 30303-8801
Asheville, North Carolina 28801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any governmeir
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 o ortunity 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: William Elliott, 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 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 5/22/2018
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: RES, Jeremy Schmid, 302 Jefferson Street, Suite
110.Raleigh, NC 28605
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, NCDMS OLF- Gideon Mitigation
Site, SAW -2017-01462
D. PROJECT LOCATIONS) AND BACKGROUND INFORMATION: The project site. Gideon Mitigation site is
located on Ed Nixon Road, near Thurmond, North Carolina and is adjacent to and associated with SAW -2017- 01507
Little Sebastian Mitigation site.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Surry City: Dodson
Center coordinates of site (lat/long in degree decimal format): Latitude: 36.39654 Longitude: -80.8584
Universal Transverse Mercator:
Name of nearest water body: Mill Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): February 27, 2018
TABLE OF AQUATIC RESOURCES INREVIEWAREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Estimated amount of
Type of aquatic
Geographic authority to
Latitude (decimal
Longitude (decimal
aquatic resources in
resources (i.e.,
which the aquatic resource
"may
Site Number
degrees)
degrees)
review area {acreage
wetland vs. non -
be„ subject (i.e.,
and linear feet, if
wetland waters)
Section 404 or Section
applicable
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:Vicinity, USGS, NWI Soil, Existing Conditions,WOUS
® 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 Cc
❑ 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:
❑ Natural Resources Conservation Service Soil Survey. Citation:
® 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): UNK
or ❑Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later jurisdictional determinations.
William Elliott
Signature and date of R u atory
staff member completing PJD
5/22/2018
Signature and date of person requesting PJD
(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.

Site
Little Sebastian
Little Sebastian
Gideon
Gideon
Gideon
Gideon
Little Sebastian
Little Sebastian
Little Sebastian
Gideon
Gideon
Gideon
Gideon
Gideon
Little Sebastian
Reach/Wetland ID
WA
WB
WC
WD
WE
WF
BS -1
JN -2
JN -3
JN -4
JN -5
JN -6
JN -7
Mill Creek
Mill Creek
Latitude Longitude
-80.859778 36.398586
-80.859642 36..397907
-80.855978 36.398336
-80.856767 36.396847
-80.856836 36.396359
-80.856058 36.394861
-80.851484 36.396111
-80.863542 36.399251
-80.859211 36.398372
-80.858733 36.395122
-80.857693 36.394568
-80.856718 36.396846
-80.855351 36.394343
-80.857033 36.394489
-80.861609 36.397017
Length (LF) /Area'(ac)
0.42
0.48
0.01
0.04
0.36
0.42
1424
1792
1363
634
78
2024
55
1855
3146