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HomeMy WebLinkAbout20171292 Ver 1_PCN_CompassPoint_Submittal 2nd copy_20190612 302 Jefferson Street, Suite 110 Raleigh, NC 27605 Corporate Headquarters 6575 West Loop South, Suite 300 Bellaire, TX 77401 Main: 713.520.5400 res.us June 6, 2019 Steven Kichefski U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 RE: Nationwide 27 Permit Application- Compass Point Mitigation Site Dear Mr. Kichefski, The Compass Point Mitigation Site (the “Project”) is a stream, project located within a rural watershed dominated by agricultural, forested and low-intensity residential land use in eastern Yadkin County, North Carolina, approximately 4.5 miles northeast of Boonville. 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 and enhancement of three streams Yadkin River Basin. 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 0.05 acres. Total stream impacts resulting from the proposed project are 3,380 linear feet. The attached PCN package includes PCN Form, PCN supplemental information, supporting figures, an updated PJD with an updated aquatic resource inventory table and Waters of the US Map. Thank you for your prompt attention to this important project. Please contact me at 919-209-1066 or kcarrere@res.us if you have any questions or require any additional information. Sincerely, Resource Environmental Solutions, LLC Kasey Cararre Project Manager Page 1 of 10 PCN Form – Version 1.4 January 2009 Office Use Only: Corps action ID no. _____________ DWQ project no. _______________ Form Version 1.4 January 2009 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: Section 404 Permit Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? Yes No 1d. Type(s) of approval sought from the DWQ (check all that apply): 401 Water Quality Certification – Regular Non-404 Jurisdictional General Permit 401 Water Quality Certification – Express Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: Yes No For the record only for Corps Permit: Yes 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 No 1g. Is the project located in any of NC’s twenty coastal counties. If yes, answer 1h below. Yes No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No 2. Project Information 2a. Name of project: 2b. County: 2c. Nearest municipality / town: 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Compass Point Site Yadkin Boonville Winnie Wagoner 18E/051 4650 Pulliam Road Boonville, NC 27011 27 Page 2 of 10 4. Applicant Information (if different from owner) 4a. Applicant is: Agent Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: RES 302 Jefferson Street, Suite 110 Raleigh, NC 27605 (239)233-7570 Page 3 of 10 PCN Form – Version 1.4 January 2009 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1b. Site coordinates (in decimal degrees): Latitude: Longitude: 1c. Property size: acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: 2b. Water Quality Classification of nearest receiving water: 2c. River basin: 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: 3b. List the total estimated acreage of all existing wetlands on the property: 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3d. Explain the purpose of the proposed project: 3e. Describe the overall project in detail, including the type of equipment to be used: 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Yes No Unknown Comments: 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): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? Yes No Unknown 5b. If yes, explain in detail according to “help file” instructions. 6. Future Project Plans 6a. Is this a phased project? Yes No 6b. If yes, explain. 5912705289 -80.638 16.5 Yadkin River Class C Yadkin River Basin - 03040101 See the Supplemental Information and the existing conditions maps (Figure 1: Project Service Area and Vicinity Map, Figure 2: Existing Conditions, Figure 3: NWI, Figure 4: NRCS Soils Map, Figure 5: USGS Map, and Figure 6: FEMA Map). 0.21 See Supplemental Information See Supplemental Information Confirmed PJD received on 3/6/18 36.2671 5,442 SAW-2017-01465 RES - Jeremy Schmid Page 4 of 10 PCN Form – Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): Wetlands 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 W2 W3 W4 W5 W6 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 S2 S3 S4 S5 S6 3h. Total stream and tributary impacts 3i. Comments: Stream Relocation Choose one No Corps 0.01 No Corps 0.03 No Corps 0.01 Yes/No - Yes/No - Yes/No - 0.05 Wetland impacts associated with stream restoration efforts occurs adjacent to the existing wetlands will be minimized by the restoration plan. The realignment of existing stream 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. Stream Relocation DW2-B PER Corps 13 306 DW2-B 13 40 DW1-B 13 1,955 DW1-C 20 604 DW1-C 20 32 DW1-C 20 28 3,380 To continue the table above,S7 has 415ftof permanent stream relocation impacts to DW1-D making the total stream and tributary impacts 3380ft.See supplemental document for more information. T T T - - - Stream Relocation Stream Relocation Choose one Choose one Choose one Choose one Choose one Choose one Choose one Choose one P T P P P T Ford installation Stream Relocation Stream Relocation Culvert installation Culvert installation PER PER PER PER PER Corps Corps Corps Corps Corps Page 5 of 10 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 individually 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) O1 O2 O3 O4 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) 5a. Pond ID number 5b. Proposed use or purpose of pond Flooded Filled Excavated Flooded Filled Excavated P1 P2 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 B2 B3 B4 B5 B6 6h.Total Buffer Impacts: 6i. Comments: Choose one Choose Choose one Yes/No - - - - Choose one Choose one Choose one Choose Choose Choose Choose one - - - - - - Yes/No Yes/No Yes/No Yes/No Yes/No ) Page 6 of 10 PCN Form – Version 1.4 January 2009 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. 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 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: Type: Type: 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: 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. See supplemental See supplemental Choose one Choose one Choose one Choose one Page 7 of 10 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 buffer mitigation? Yes No 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. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (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 8 of 10 PCN Form – Version 1.4 January 2009 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 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? Yes No 1b. 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? % 2b. Does this project require a Stormwater Management Plan? Yes No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 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 local government’s jurisdiction is this project? 3b. Which of the following locally-implemented stormwater management programs apply (check all that apply): Phase II NSW USMP Water Supply Watershed Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? Yes No 4. DWQ Stormwater Program Review 4a. Which of the following state-implemented stormwater management programs apply (check all that apply): Coastal counties HQW ORW Session Law 2006-246 Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? Yes No 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 There will be no increase in impervious surface due to this project. There will be no increase in impervious surface due to this project. Page 9 of 10 PCN Form – Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes No 1b. 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 (North Carolina) Environmental Policy Act (NEPA/SEPA)? Yes No 1c. 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 letter.) Comments: Yes No 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, or Riparian Buffer Rules (15A NCAC 2B .0200)? Yes No 2b. Is this an after-the-fact permit application? Yes 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 additional development, which could impact nearby downstream water quality? Yes No 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. 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. Page 10 of 10 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? Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? Yes No 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? 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? Yes No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 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 (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? Yes No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? Applicant/Agent's Printed Name _______________________________ Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Date Asheville USFWS IPAC and Natural Heritage Program Datbase NOAA Essential Fish Habitat Mapper NCSHPOGIS Database See Supplemental Information FEMA National Floodplain Hazard Layer PCN Supplemental Information Compass Point Mitigation Site Nationwide Permit 27 Pre-Construction Notification RES c/o Kasey Carrere 302 Jefferson Street. Suite 110 Raleigh, NC 27605 PCN Supplemental Information – Compass Point Mitigation Project B. Project Information and Prior Project History 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 Compass Point Mitigation Site (“Project”) is located within a rural watershed in Yadkin County, approximately 4.5 miles northeast of Boonville. The Project lies within the Yadkin River Basin, North Carolina Department of Water Resources (NCDWR) sub-basin 03-07-02 and United States Geological Survey (USGS) 12-digit hydrologic unit code (HUC) 030401011001. The total drainage area for the Project is 271 acres (0.42 mi2). Primary land use within the rural watershed consists of approximately 60.4 percent forest and 33.7 percent agricultural land. Impervious area covers less than one percent of the total watershed Within the agricultural land use, pastureland accounts for 62.5 percent of the area, and row crops account for approximately 37.5 percent of the area. Although the project watershed is primarily forested, the majority of the agricultural areas within the watershed are in close proximity to the Project and play a significant role in the degradation of the Project streams. These activities have negatively impacted both water quality and streambank stability along the Project streams and their tributaries. The resulting observed stressors include excess nutrient input, streambank erosion, sedimentation, livestock access to streams, channel modification, and the loss of riparian buffers. The Project area is comprised of a contiguous easement area along three unnamed tributaries that converge and drain directly to the Yadkin River. The easement has two agricultural crossings; one between DW1 -C and DW1-B, and the second easement break is on DW2-B near the confluence with DW1-A. The stream channels include the main unnamed tributary and two additional tributaries that converge from the east, then split into eight reaches based on proposed treatment type. In general, all or portions of all eight Project reaches do not function to their full potential. 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 up to the edge of the existing channel or comprised largely of invasive species. In some reaches, trees are present, 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. 3d. 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 will 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. PCN Supplemental Information – Compass Point Mitigation Project 3e. Describe the overall project in detail, including the type of equipment to be used: Stream restoration efforts along the tributaries of the Project will be accomplished through analyses of geomorphic conditions and watershed characteristics. The design approach applies a combination of analytical and reference reach-based design methods that meet objectives commensurate with both ecological and geomorphic improvements. Proposed treatment activities may range from minor bank grading and planting to re-establishing stable planform and hydraulic geometry. For reaches requiring full restoration, natural design concepts have been applied and verified through rigorous engineering analyses and modeling. The objective of this approach is to design a geomorphically stable channel that provides habitat improvements and ties into the existing landscape. The Project will include priority I and II stream restoration, enhancement I, enhancement II, and enhancement III. Stream restoration will incorporate the design of a single-thread meandering channel, with parameters based on data taken from reference sites, published empirical relationships, and best professional judgment. Engineering analysis will be performed using various hydrologic and hydraulic models to verify the design. A combination of methods will be used to estimate bankfull discharge, and larger flood events. A HEC-RAS model will then be used to simulate water surface elevations of flows generated by the hydrologic analysis. The development of the HEC model is an important component to the design; therefore, model input parameters are field verified when possible. Through this hydrologic analysis, the design discharge (typically referenced as bankfull or dominant discharge) will be determined. The subsequent design will be based on this calculated discharge. As part of the design process, a qualitative analysis of sediment supply will be performed by characterizing watershed conditions. A combination of windshield surveys, existing land use data, and historical aerial photography, followed up by ground truthing, will be analyzed to assess existing and past watershed conditions and to determine if any changes occurred that would significantly impact sediment supply. Design parameters developed through the analyses of reference reach data, watershed characterizations, and hydrologic and hydraulic modeling will be confirmed with shear stress and velocity analyses. Geomorphic and habitat studies will be performed concurrently with the engineering analyses. While stream design will be verified by simulations of hydrology and fluvial processes, analogs of desirable habitat features will be derived from reference sites and integrated into the project design. Both in-stream and riparian habitat features will be designed. 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 toes, 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 50-foot conservation easement which will be fenced to exclude livestock as needed. PCN Supplemental Information – Compass Point Mitigation Project The Project has been broken into the following design reaches: Reach DW1-A - This reach begins on the southwest end of the Project, flows northeast to a confluence with DW1-B and DW2-B, and totals 288 linear feet of Enhancement II. Open pasture is located adjacent to the reach. Enhancement activities will include improving habitat through livestock exclusion fencing and riparian planting. The livestock exclusion fencing will provide wildlife corridors throughout the Project area and will remove livestock access to the riparian areas. A flow gauge will be installed midway on the reach to monitor hydrology. Reach DW1-B - This reach begins on the southern end of the Project from DW1-A and DW2-B, flows north to DW1-C, and totals 1,922 linear feet of Priority I/II restoration. Actively managed pasture is located adjacent to the reach on the upstream end. The downstream end is surrounded by intermittently grazed pasture and disturbed secondary growth in an area with previous timber harvest. Restoration activities will include constructing a new channel within the natural valley with appropriate dimensions and pattern and backfilling the abandoned channel. 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. Proposed buffer activities will improve riparian areas that will filter runoff from adjacent pastures, thereby reducing nutrient and sediment loads to the channel. Reach DW1-C – This reach begins on the north end of the Project from DW1-B, and flows northeast to a culvert crossing and DW1-D. This reach totals 566 linear feet of Priority I/II restoration, beginning immediately downstream of a bedrock drop structure at the bottom of DW1-B. Any sections of the existing road will be decommissioned in the easement and planted. Intermittently active pasture and disturbed woodland is located adjacent to the reach. Restoration activities will include constructing a new channel within the natural valley with appropriate dimensions and pattern, cutting a floodplain bench and backfilling the abandoned channel. 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. Livestock exclusion fencing will provide wildlife corridors throughout the Project area and will remove livestock access to the riparian areas. Reach DW1-D - This reach begins at the downstream end of DW1-C and proposed culvert crossing in the northern end of the Project, and flows northeast to DW1-E. The reach totals 759 linear feet of Priority I/II restoration. Restoration activities will include constructing a floodplain bench to aid in connectivity to the existing floodplain and constructing a new channel with appropriate dimensions and pattern. When possible, bed material will be harvested and reused to create stable bed features post-construction. 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. Proposed buffer activities will improve riparian areas that will filter runoff from adjacent pastures, thereby reducing nutrient and sediment loads to the channel. Reach DW1-E - This reach begins on the north end of the Project, from DW1 -D and flows north until it drains to the Yadkin River. This reach totals 432 linear feet of Enhancement III. Managed cropland is located adjacent to the reach. Enhancement activities will include improving habitat through livestock exclusion fencing and installing a boulder grade control structure at the top of the reach where DW1-D enters to prevent further upstream channel erosion during Yadkin River flood events. Reach DW2-A - This reach begins on the southeast end of the Project, and flows west to DW2-B. The totals 968 linear feet of Enhancement I. Sparse woodland and actively managed pasture is located PCN Supplemental Information – Compass Point Mitigation Project adjacent to the reach. Enhancement activities will include targeted bank stabilization, riparian buffer planting, and installation of livestock exclusion fencing. An existing ford crossing will also be removed. Proposed buffer activities will improve riparian areas that will filter runoff from adjacent pastures, thereby reducing nutrient and sediment loads to the channel. Reach DW2-B - This reach begins at the downstream end of DW2-A, and flows north to the confluence with DW1-A to become DW1-B. This reach totals 277 linear feet of Priority I 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 ford crossing will be installed along this reach (Figure 10). Proposed buffer activities will improve riparian areas that will filter runoff from adjacent pastures, thereby reducing nutrient and sediment loads to the channel. Reach DW3 - This reach begins on the south end of the Project at the adjacent powerline easement, and flows north to DW2-A. This reach totals 93 linear feet of Enhancement I. Disturbed woodland, intermittently grazed pasture, and a maintained powerline easement is located adjacent to the reach. Enhancement activities will include improving habitat through livestock exclusion fencing, and riparian buffer planting. The livestock exclusion fencing will provide wildlife corridors throughout the Project area and will remove livestock access to the riparian areas. PCN Supplemental Information – Compass Point Mitigation Project C. Proposed Impacts Inventory 3. Stream Impacts *CONTINUED* 3a. Stream Impact Number Permanent (P) of Temporary (T) 3b. Type of Impact 3c. Stream Name 3d. Perennial (PER) of Intermittent (INT) 3e. Type of Jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S7 Temp Stream Relocation DW1-D Per Corps 30 415 3i. Comments Impacts due to the relocation of the stream to natural valley will provide a net gain in ecological function to the stream system. Active pasture is located adjacent to all project reaches. Restoration is proposed along several reaches to address channel degradation and bank erosion caused by cattle access (DW1-B, DW1- C, DW1-D, and DW2-B). For stream relocation and impacts: Stream Impact 1, the existing length is 306 linear feet (LF), and the new length will be 277 LF; Stream Impact 4, the existing stream length is 2,014 LF and the new length will be 1,922 LF; Stream Impact 5, the existing stream length is 600 LF, the new length will be 566 LF; Stream Impact 8, the existing stream length is for the entire reach is 741, however, only 487 LF will be impacted. There are two impacts associated with the installation of a culvert (S6 and S7), where the permanent impacts include the installation of a 24-inch pipe, and the temporary impacts are due to earthwork movement adjacent to culvert location. Additionally, there is one permanent impact (S2) associated with the installation of a ford crossing. D. Impact Justification and Mitigation 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project: Due to the nature of this project, complete avoidance is not possible. Both stream and wetland impacts were considered when designing the Compass Point Mitigation project. This project should uplift the ecological quality of streams and wetlands on site. The existing project channel length is 5,350 LF. The proposed project will result in 5,.304 LF of stream. 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. F. Supplementary Information 8b. If yes, explain how project meets FEMA requirements PCN Supplemental Information – Compass Point Mitigation Project According to the North Carolina Floodplain Mapping Information System, the Project includes a portion of the of Project within the FEMA 100-year flood zone (Zone AE, one percent annual chance of flooding). Reaches DW1-E and DW1-D, where the Project connects to the Yadkin River, is in a regulated floodway zone. 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 Yadkin 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 37171C (map number 3710590000K), effective date August 18, 2009. Aquatic Resources Table Update Stream IDs have changed during the design process. From the original JD submittal, DW1-A has been broken out into the design reaches DW2-B and DW1-B. This change in naming changed the subsequent naming convention along the main tributary of the project. From the original submittal the following have been changed: DW1-B is now DW1-C; DW1-C is now DW1-D; DW1-D is now DW1-E; DW2 is now DW1-A; DW6 is now DW2-A; and DW3 was added into the project. Original PJD Reach ID Revised PJD ID Latitude Longitude Length (ft)/ Area (ac) DW1-A DW2-B DW1-B 36.26465 -80.6386 306 ft 36.26729 -80.6386 2014 ft DW1-B DW1-C 36.27037 -80.6382 600 ft DW1-C DW1-D 36.27099 -80.6366 741 ft DW1-D DW1-E 36.27201 -80.6352 432 ft DW2 DW1-A 36.26464 -80.6393 288 ft DW6 DW2-A 36.26394 -80.6364 968 ft -- DW3 36.26388 -80.6378 93 ft WA WA 36.2675 -80.6385 0.05 ac WB WB 36.2698 -80.6386 0.03 ac WC WC 36.2702 -80.6377 0.13 ac Total Existing Wetlands 0.21 ac Total Existing Stream Length 5,442 ft * Lengths have been updated to reflect the surveyed length of the streams 0 1,000500 Feet Figure 1 - Project Vicinity Compass Point Mitigation Project Yadkin County, North Carolina Legend Proposed Easem ent Service Area - 03040101 ©Date: 2/22/2019 Drawn by: GDS Checked by: MDE Document Path: S:\@RES GIS\Projects\NC\Compass Point\MXD\PCN\Figure 1 - Vicinity Map.mxd1 inch = 1,000 feet Compass PointMitigation Project DW1-E271 ac DW1-A96 ac DW328 ac DW2-B90 ac DW2-A83 ac DW1-B237 ac DW1-C256 ac DW1-D269 ac 0 2,0001,000 Feet Figure 2 - USGS QuadrangleCopeland 2016 Legend Proposed Easem ent Drainage Area ©Date: 2/22/2019 Drawn by: GDS Checked by: MDE Document Path: S:\@RES GIS\Projects\NC\Compass Point\MXD\PCN\Figure 2 - USGS Map.mxd1 inch = 2,000 feet Compass PointMitigation Project Yadkin County, North Carolina TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTDW1-EDW1-D DW1-CDW1-BDW1-ADW2-A D W 3DW2 - B WA WB WC 0 500250 Feet Figure 3 - Existing Conditions Compass Point Mitigation Project Yadkin County, North Carolina Legend Proposed Easem ent Project Parcel T T Pow erline Existing Wetlands Existing Streams ©Date: 2/22/2019 Drawn by: GDS Checked by: MDE Document Path: S:\@RES GIS\Projects\NC\Compass Point\MXD\PCN\Figure 3 - Existing Conditions Map.mxd1 inch = 500 feet 0 1,000500 Feet Legend Proposed Easem ent ©Date: 2/22/2019 Drawn by: GDS Checked by: MDE Document Path: S:\@RES GIS\Projects\NC\Compass Point\MXD\PCN\Figure 4 - Soils Map.mxd1 inch = 1,000 feet Figure 4 - NRCS Soil Survey (1962) Compass PointMitigation Project Yadkin County, North Carolina TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT T T TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTR2UBH DW3DW1-CDW2-A D W 2-BDW1-ADW1-ED W2 -A D W 1 -D DW1-B0 500250 Feet Legend Proposed Easem ent NWI Wetlands ©Date: 2/22/2019 Drawn by: GDS Checked by: MDE Document Path: S:\@RES GIS\Projects\NC\Compass Point\MXD\PCN\Figure 5 - NWI Map.mxd1 inch = 500 feet Figure 5 - National Wetland Inventroy Compass PointMitigation Project Yadkin County, North Carolina DW3DW1-CDW2-A D W 2-BDW1-ADW1-ED W2 -A D W 1 -D DW1-B0 500250 Feet Legend Proposed Easem ent Existing Streams FEM A Zone AE ©Date: 2/22/2019 Drawn by: GDS Checked by: MDE Document Path: S:\@RES GIS\Projects\NC\Compass Point\MXD\PCN\Figure 6 - FEMA Map.mxd1 inch = 500 feet Figure 6 - FEMA Map Compass PointMitigation Project Yadkin County, North Carolina WA WB WC D W 3 D W 2-BDW1-ADW1-EDW1-DDW1-CDW 2-ADW1-BW1 W2 W3 S2S3 S4 S5 & S6 S7 S1 0 400200 Feet Figure 7 - Project Impacts Compass Point Mitigation Project Yadkin County, North Carolina Legend Proposed Easment Existing TOB Existing Wetland Proposed TOB Temporary Wetland Impact ©Date: 5/29/2019 Drawn by: MDE Checked by: JRM Document Path: S:\@RES GIS\Projects\NC\Compass Point\MXD\PCN\Figure 7 - Project Impacts.mxd1 inch = 400 feet Impact ID Temp/Perm Aquatic Resource Area/Length S1 Perm DW2-B 306 ft S2 Tem p DW2-B 40 ft S3 Perm DW1-B 1,955 ft S4 Perm DW1-C 604 ft S5 Perm DW1-C 32 ft S6 Tem p DW1-C 28 ft S7 Perm DW1-D 415 ft W1 Tem p WA 0.01 ac W2 Tem p WB 0.03 ac W3 Tem p WC 0.01 ac U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID: SAW -2017-01465 County: Yadkin U.S.G.S. Quad: Copeland NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Donnie Wagoner Address: 4650 Pulliam Rd. Boonville, NC 27011 Telephone Number: Size (acres): 14 Nearest Town Boonville Nearest Waterway: UT to Yadkin River Coordinates: 36.269624, 4013914.995077 River Basin/ HUC: Upper Pee Dee Location description: The site is located at 4650 Pulliam Rd. in Boonville, NC. Indicate Which of the Following Apply: A. Preliminary Determination X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. There are wetlands on the above described 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 overall 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 of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in 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 recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. _ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. X 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). 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. 4225 or amanda.jones@usace.army.mil. C. Basis for Determination: See attached preliminary jurisdictional determination form. 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. D. Remarks: The potential waters of the U.S., at this site, were verified on-site by the Corps on 1/24/2018 and are as approximately depicted on the attached Potential Wetland/Waters Map (dated 11/29/2017) 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 1OMI 5 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by N/A (Preliminary -JD). **It is not necessary to submit an RFA form to the Division Of if you do object to the determination in this correspondence.** Corps Regulatory Official: William Elliott Issue Date of JD: March 6, 201 Expiration Date: N/A Preliminary JD 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://corpsmapu.usace.anny.mil/cm apex/f?y=136:4:0. Copy furnished: Jeremy Schmid, 302 Jefferson Street, Suite 110, Raleigh, NC 27605 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Donnie Wagoner File Number: SAW -SAW -2017-01465 Date: March 6, 2018 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A PROFFERED PERMIT (Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www usace army.mil/Missions/CivilWorks/RegulatoryProgramandPerrnits aspxx or 4Co, s 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 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. :SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. EMMEME ON: 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: William Elliott CESAD-PDO 151 Patton Avenue, Room 208 U.S. Army Corps of Engineers, South Atlantic Division Asheville, North Carolina 28801-5006 60 Forsyth Street, Room 10M15 828-271-7980, ext. 4232 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 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 an site investigation, and will have the opportunity to artici ate 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.: 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 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (JD) FORM U.S. Army Corps of Engineers BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JD: March 6, 2018 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Donnie Wagoner 4650 Pulliam Rd. Boonville, NC 27011 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESAW-RG-A, SAW -2017-01465, D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The site is located at 4650 Pulliam Rd. in Boonville, NC. State: NC County/parish/borough: Yadkin City: Boonville Center coordinates of site (lat/long in degree decimal format): 36.269624, 4013914.995077 Universal Transverse Mercator: N/A Nameof nearest waterbody: UT to Yadkin River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: March 6, 2018 Field Determination. Date(s): Use the table below to document aquatic resources and/or aquatic resources at different sites TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Centered Coordinates Estimated Amount Type of Aquatic Geographic Number (decimal degrees) of Aquatic Resource Resources Authority to Which in Review Area Aquatic Resource Latitude Longitude (linear feet or acre) "May Be" Subject DWI -A 36.267474 -80.638581 2374 ❑ Wetland [D Section 404 ® Non -wetland Waters ❑ Section 10/404 DWI -B 36.270364 -80.638258 510 ❑ Wetland ® Section 404 Non -wetland Waters ❑ Section 10/404 DWI -C 36.270969 -80.637379 733 ❑ Wetland 0 Section 404 0 Non -wetland Waters ❑ Section 10/404 DWI -D 36.271846 -80.635361 414 ❑ Wetland ® Section 404 El Non -wetland Waters ❑ Section 10/404 DW -2 36.264420 -80.639616 342 ❑ Wetland ® Section 404 ® Non -wetland Waters ❑ Section 10/404 DW -6 36.263885 -80.637124 652 ❑ Wetland ® Section 404 ® Non -wetland Waters ❑ Section 10/404 WA 36.2675 -80.6385 0.05 Wetland Z Section 404 Non -wetland Waters ❑ Section 10/404 WB 36.2698 -80.6386 0.03 Wetland ®Section 404 [] Non -wetland Waters 0 Section 10/404 WC 36.2702 -80.6377 0.13 ® Wetland M Section 404 1 Non-wetland Waters ® Section 10/404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "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 asjurisdictional, and waives any challenge to such jurisdiction in any administrative orjudicial 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 preliminary JD (check all that apply) - Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: 0 Maps, plans, plots or plat submitted by or on behalf of preliminary JD requester: Vicinity, USGS, NWI, Soil, Existing conditions WOUS Data sheets prepared/submitted by or on behalf of preliminary JD requester. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rational: Data sheets prepared by the Corps: Corps navigable waters' study: U.S. Geological Survey (USGS) Hydrologic Atlas: 24k Copland ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ❑ USGS map(s). Cite scale & quad name: Copeland. ❑ Natural Resources Conservation Service (MRCS) Soil Survey. Citation: Yadkin County, NC ® National wetlands inventory (NWI) map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ Federal Emergency Management Agency (FEMA) / Flood Insurance Rate Map (FIRM) maps: ❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ❑ Photographs: ❑ Aerial (Name & Date): or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Applicable/supporting scientific literature: ❑ 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 i.urisdic Tonal determinations. 2 William Elliott, March 6, 2018 Jeremy Schmid Signature and date of Regulatory Signature and date of person requesting staff member completing preliminary JD (REQUIRED, unless obtaining the preliminary JD signature is impracticable) Two copies of this Preliminary JD Form have been provided. Please sign both copies. Keep one signed copy for your record and return a signed copy to the Asheville Regulatory Field Office by mail or e-mail. US Army Corps of Engineers -Wilmington District Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC28801-5006 I 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. SiI J � ( M : .. .4 ([AOq Y A �( 0 44 amw IVA 4 r s 1 a .......... ... _ �. • ..==_.ill" M``aM``aD W 1 -B D W 3 D W 1-C DW2-ADW2-BD W 1-A DW1-E DW2-ADW1-DD W 1-B WAWB WC DP-1 DP-2 DP-3DP-4 ©0 300150 Feet Date: 3/11/2019 Drawn by: MDE Checked by: JRM Document Path: S:\@RES GIS\Projects\NC\Compass Point\MXD\JD\CompassPoint_WOUS_11x17-revised.mxdLegend Proposed Easement(16.50 ac) ``a Upland Data Point M Wetland Data Point Wetland Area InsideEasement (0.10 ac) Wetland Area Outsideof Easement (0.11 ac) Existing Streams Potential Wetland or Non-Wetland Waters of the U.S. Map Compass PointMitigation Project Yadkin County, North Carolina 1 in = 300 feet Revisions: 1