20171293 Ver 1_PCN Form Submission_20190614

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#*
20171293
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:
Green Mesa
1a. Who is the Primary Contact?*
Matt Butler
1 b. Primary Contact Email:*
[e-mail]
Date Submitted
6/14/2019
Nearest Body of Water
Deep Creek
Basin
Yadkin-PeeDee
Water Classification
Class C
Site Coordinates
Latitude:
36.213246
A. Processing Information
County (or Counties) where the project is located:
Yadkin
Is this project a public transportation project?*
r Yes r No
Longitude:
-80.718195
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 waters, 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
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:
F 401 Water Quality Certification - E)press
F Riparian Buffer Authorization
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?
C Yes r- No
2. Owner Information
2a. Name(s) on recorded deed:
Frazier Farm of North Carolina, LLC
2b. Deed book and page no.:
1048/410
2c. Responsible party:
2d. Address
Street Address
3532 Baptist Church Rd.
Address Line 2
City
Booneville
Postal / Zip Code
27011
2e. Telephone Number:
[phone]
2g. Email Address:*
green [e-mail]
3. Applicant Information (if different from owner)
......... .........
3a. Name:
Matt Butler
State / Rovince / Fbjion
NC
Country
us
2f. Fax Number:
r- Yes r No
r- Yes r No

3b. Business Name:
RES
3c.Address
Street Address
302 Jefferson St.
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
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/town:
Boonville
2. Project Identification
2a. Property Identification Number:
499000200499;499000403703;
State / Rovince / Iogicn
NC
Country
us
3e. Fax Number:
499000217656;499000310877;
2b. Property size:
499000223660;499000117958
33.46
2c. Project Address
Street Address
3532 Baptist Church Rd.
Address Line 2
City
State / Rovinoe / Edon
Boonville
NC
Postal / Zip Code
Country
27011
us
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Deep Creek
3b. Water Resources Classification of nearest receiving water:*
Class C
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.
030401011102
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 Green Mesa Mitigation Site ('Project') is located within a rural watershed in Yadkin County, approximately two miles south of Booneville. 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) 14 -digit hydrologic unit code (HUC)
03040101130010. The total drainage area for the Project is 1,011 acres (1.58 mi2). Primary land use within the rural watershed consists of approximately 28 percent forest and 62
percent agricultural land. Impervious area covers less than two percent of the total watershed. Within the agricultural land use, pastureland accounts for approximately two percent of
the area and cropland comprises 55 percent of the area. Historic and current land -use within the immediate Project area have had direct livestock access to the streams. These
activities have negatively impacted both water quality and streambank stability along the Project streams. 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 easement area and five unnamed tributaries totaling 9,316 existing linear feet, which eventually drain into the Yadkin River. In general, all or portions
of FF1-A, FF1-B, FF1-C, FF1-D, FF1-E, FF3, FF4, and FF5 do not function to their full potential; whereas FF2 seems to have functionality and is proposed for preservation only.
Current conditions demonstrate significant habitat degradation because 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 the proposed restoration areas, 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 the enhancement areas, trees are
present, but understory riparian buffer has been impacted by livestock. 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?*
f Yes 6 No r Unknown
4d. Attach an 8 1/2 X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
Figure 4 - USGS - Green Mesa.pdf
2.01 MB
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 1.52MB
4f. List the total estimated acreage of all existing wetlands on the property:
5.68
4g. List the total estimated linear feet of all existing streams on the property:
9830
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 Wit be hydrologically reconnected to the channel to provide natural exchange and storage during flooding events. The design Wit 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:*

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 priorities I and II stream restoration, enhancement I, enhancement 11, 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 will also be a crucial element of the project and will be used to determine the design discharge and to verify the design
as a whole.
Current stream conditions along the proposed restoration reaches exhibit habitat degradation as a result of impacts from livestock and channelization performed to promote agricultural
activities. Additionally, the riparian buffer is in poor condition throughout the sections of FF4-B and parts of FF1-D, where much of it is devoid of trees or shrubs, and active pasture is
present up to the edge of the existing channel.
The Project design approach began with a thorough study of existing conditions, including the onsite streams, valleys, and watershed. Design parameters, including active channel,
habitat and Floodplain features were developed from analyses performed on the reference site data. Analytical design techniques were used to determine the design discharge and to
verify the design as a whole.
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 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) and structure placement. The
stream and adjacent riparian areas will be protected by a minimum 50 -foot conservation easement (where feasible) which will be fenced to exclude livestock as needed.
The Project has been broken into the following design reaches:
Reach FF1-A - This reach begins on the southwest end of the project, flows east to FF1-B, and totals 1,118 linear feet of Enhancement II. Sparse woodland is located on the left bank,
and actively managed pasture lies just outside of the wood line. Enhancement activities will include improving habitat through riparian buffer planting and livestock exclusion. While there
are areas for spot stabilization, this is the best approach based on the amount of bedrock in this reach. Moreover, this reach will have riparian buffers wider than the 50 -foot minimum
and up to 125 -feet in some places.
Reach FF1-B - This reach begins on the southwest end of the project from FF1-A, flows east to an impoundment, and totals 922 linear feet of Enhancement III. Enhancement activities
will include improving habitat through supplemental planting, protection of fringe wetlands, livestock exclusion, and beaver removal. Moreover, this reach will have riparian buffers wider
than the 50 -foot minimum, and up to 150 -feet in some places.
Reach FF1-C — This reach begins downstream of the impoundment that FF1-B flows into. This reach flows north to FF1-D. This reach totals 740 linear feet of Enhancement 11. This
reach is broken up into multiple sections due to the presence of a powerline easement and an existing agricultural crossing. Actively managed pasture is located adjacent to the reach.
Enhancement activities will include improving habitat through buffer plantings and livestock exclusion fencing. Minimal bank grading and buffer re-establishment is also proposed along
this reach. There is a large stone wall intact on this reach that will remain in place. The restoration of the riparian areas and buffers along this reach will filter runoff from adjacent
pasture, reduce sediment loads, and provide wildlife corridors throughout the Project area.
Reach FF1-D - This reach begins on the north end of the project, just downstream of Baptist Church Road and Reach FF4-B and totals 1,391 linear feet of Restoration. Actively
managed pasture is located adjacent to the reach. 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 constructed riffles, brush toes, boulder riffles, and j -hooks will be installed for stability and to improve habitat. Habitat will
further be improved through buffer plantings, livestock exclusion, and invasive species treatment. Proposed buffer activities will improve riparian areas that will filter runoff from adjacent
pastures, thereby reducing nutrient and sediment loads to the channel. There are four easement breaks along this reach to account for crossings associated with a Duke Power
transmission line and a telephone line. The riparian buffer will be less than the minimum 50 -feet due in some locations due to the presence of the aforementioned utility lines and their
rights-of-way. However, there are also portions of the buffer that exceed the minimum 50 -feet and reach up to 125 -feet in width in some areas.
Reach FF1-E - Reach FF1-E is 59 linear feet and is last segment of Reach FF1 on the Project. The left bank is pasture and the right bank is wooded. This reach for the Project ends at
the property boundary.
Reach FF2 - This reach begins on the south end of the project, flows north to FF1-B. This reach totals 602 linear feet of Preservation. Dense woodland is located adjacent to the
bedrock controlled reach. Preservation activities will include improving habitat through livestock exclusion fencing. The livestock exclusion fencing will provide wildlife corridors
throughout the Project area and will remove livestock access to the riparian areas. Moreover, this reach will have riparian buffers wider than the 50 -foot minimum, and up to 75 -feet in
some places.
Reach FF3 - This reach begins on the south end of the project and flows north to the pond impoundment on site. The totals 1,943 linear feet of Enhancement III. Enhancement activities
will include improving habitat through livestock exclusion, invasive species treatment, and supplemental buffer planting. The downstream section of this reach will be enhancing wetland
areas, but no credit for wetlands is being claimed. The livestock exclusion fencing will provide wildlife corridors throughout the Project area and will remove livestock access to the
riparian areas. Moreover, this reach will have riparian buffers wider than the 50 -foot minimum, up to 150 -feet in some places.
Reach FF4-A— This reach begins on the west end of the project, and flows southeast to FF4-B. This reach totals 474 linear feet of Enhancement I. Actively managed pasture is present
on both sides of the reach. Enhancement activities will include improving habitat through livestock exclusion, buffer plantings, and the installation of in -stream structures such as log sills
and brush toes. Additional enhancement activities will include constructing a floodplain bench along the right bank and laying back the left bank at the upstream end of the reach.
Moreover, this reach exceeds the 50 -foot minimum buffer requirement on the left bank.
Reach FF4-B - This reach begins on the west end of the project at a power line easement break just downstream of reach FF4-A and flows east to Baptist Church Road. This reach
totals 444 linear feet of restoration and begins at the bedrock section. 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 constructed riffles, brush toes, boulder riffles, and j -hooks 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.
Moreover, portions of this reach will have riparian buffers wider than the 50 -foot minimum, up to 125 -feet in some places.
Reach FF5 -This reach begins on the southeast end of the project and flows north to FF1-D. This reach totals 1,586 linear feet of Enhancement III and 56 linear feet of restoration at
the tie-in with FF1-D. Woodland and actively managed pasture is located adjacent to the reach. Enhancement activities will include improving habitat through livestock exclusion,
invasive species treatment, removal of approximately 90 percent of the black walnut stems, and buffer planting in areas where black walnut has been removed. Planted stems along FF5
will be black walnut tolerant; these species are indicated on the planting plan (K -State Research and Extension, 2015). Moreover, this reach will have riparian buffers wider than the 50 -
foot minimum.
4j. Please upload project drawings for the proposed project.
20190526_Green Mesa Stream Mitigation Site.pdf 22.57MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes
r No
Comments:
PJD was received July 23, 2018
5b. If the Corps made a jurisdictional determination, what type of determination was made?
r Preliminary r Approved r Not Verified r Unknown r WA
Corps AID Number:
O Unknown

SAW -2017-01466
5c. If 5a is yes, who delineated the jurisdictional areas?
......... .......... I...., ........... ........1.
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
May 8th, 2018 Corp visited the site and verified.
5d1. Jurisdictional determination upload
SAW -2017-01466 Green Mesa SiteJD.pdf 205.62KB
6. Future Project Plans
6a. Is this a phased project?*
r 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
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
171 Wetlands j7 Streams -tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
3. Stream Impacts
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 31. Total temporary stream impacts:
1,872 260
3i. Total stream and ditch impacts:
681
3j. 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 three reaches to address channel degradation and bank erosion caused by
rattle access (FF4-B, FF1-D, and FF5-B). For stream relocation and impacts: Stream Impact 3, the eAsting length is 1,452 linear feet (LF), and the
new length Wil be 1,3941 LF; Stream Impact 7, the eAsting stream length is 375 LF and the new length will be 444 LF; Stream Impact 9, the eAsting
stream length is 45 LF, the new length will be 56 LF. There are two temporary impacts associated with the installation of a ford crossing. Additionally,
there are four temporary impacts associated with the improvement of four ford crossings.
3a. Reason for impact (?)
3b.lmpact type *
3c. Type of impact*
3d. S. name *
3e. Stream Type*
3f. Type of
3g. S. width *
3h. Impact
❑
(?)
Jurisdiction*
length*
gt
Ford Crossinglmprovement
Temporary
Other
Perennial
Corps
23
30
Average (feet)
(Ir�rfed)
g2
Ford Crossing Improvement
Temporary
_FA
Other Iff
Perennial
Corps
16
30
Average (fed)
(5n�rfed)
S3
Stream Relocation
Permanent
Relocation
FF1-D
Perennial
Cors
P
15
1,452Average
(fed)
(5near fed)
S4
Ford Crossing Improvement
Temporary
Other
FF2
Perennial
Corps
7
50
Average (feet)
(Gr�rfed)
S5
Ford Crossinglmprovement
Temporary
Other
FF3
Perennial
Corps
7
50
Average (feet)
(Gr�rfed)
S6
Ford Crossing Installation
Temporary
Other
FF4-A
Perennial
Corps
8
70
Average (feet)
(Wr�rfed)
S7
Stream Relocation
Permanent
Relocation
FF4-B
Perennial
Corps8
375
Average (fed)
(Inez fed)
gg
Ford Crossing Installation
Temporary
Other
FF5-A
Perennial
Corps
6
30
Average (feet)
(fnear fed)
S9
Stream Relocation
Permanent
Relocation
FF5-B
Perennial
Corps
1;;J;;J
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 31. Total temporary stream impacts:
1,872 260
3i. Total stream and ditch impacts:
681
3j. 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 three reaches to address channel degradation and bank erosion caused by
rattle access (FF4-B, FF1-D, and FF5-B). For stream relocation and impacts: Stream Impact 3, the eAsting length is 1,452 linear feet (LF), and the
new length Wil be 1,3941 LF; Stream Impact 7, the eAsting stream length is 375 LF and the new length will be 444 LF; Stream Impact 9, the eAsting
stream length is 45 LF, the new length will be 56 LF. There are two temporary impacts associated with the installation of a ford crossing. Additionally,
there are four temporary impacts associated with the improvement of four ford crossings.

E. Impact Justification and Mitigation
1. Avoidance and Minimization
Ia. 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 Green
Mesa Mitigation project. The only impacts associated with this project are stream impacts, and wetland impacts were completely avoided. This project
should uplift the ecological quality of streams and wetlands on site. The eAsting project channel length is 9,316 LF. The proposed project will result in
9,335 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.
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?
f 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. Stomiwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
C Yes O No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
O Yes C No
Comments:
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?*
C Yes O 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, and the establishment of a
conservation easement to be protected in perpetuity.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r' No r N/A

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?*
f 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
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
Sf. 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
r Unknown
51. 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 & Natural Heritage Program Database
Consultation Documentation Upload
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 SHPO coordination
7c. Historic or Prehistoric Information Upload
ExistingConditions_Green Mesa_Packet.mxd.pdf 3.69MB
SHPO Response GM 062918.pdf 100.69KB
SHPO Response GM 071718.pdf 100.64KB
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
Flood Insurance Rate Map (FIRM) Panel 4990 (map number 37110499000J) and Panel 4888 (map number 3710488800J), effective date May 18,
2009
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
GreenMesa_PCN_FINAL PRINT.pdf 1.9MB
GMesa_PCN Cover Letter DWR.pdf 179.9KB
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:
Matt Butler
Signature
Date
6/14/2019

Landowner Authorization Form
Site: Frazier Farm
Property Legal Description
Deed Book: 1084 Page: 41 County: Yadkin
Parcel ID Number: NIA
Street Address: 3532 Baptist Church Road, Boonville, NC 27011
Property Ower: Frazier Farm of North Carolina, LLC, a North Carolina limited liabilityeompany
The undersigned, registered property owner ofthe 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 strewn
and or wetland determinations and delineations, as well as issuance and acceptance of any required permit(s) or
certification(s).
Property Owner Address: 3532 Baptist Church Road Boonville, NQ 27011
I/We hereby certify the above information to be true and accurate to the best of myiour knowledge.
(Property Owner Authorized Signature)
(Property Owner Printed Name)
7/ 0
Date
Date

MEMORANDUM OF AGREEMENT
This Memorandum of Agreement (this "Memorandum"), dated ALA r: ti s T J/ , 2017,
is made for the purpose of providing recordable evidence of that certain written Agreement
Regarding Proposed Mitigation Project with the Effective Date of JL4 L4+� , 2017 (as
amended, modified or supplemented from time to time, the " ment"), by and between
FRAZIER FARM OF NORTH CAROLINA, LLC, a North Carolina limited liability company,
with a mailing address of 3532 Baptist Church Road, Boonville, NC 27011 ("Owner"), and
COLONEL LAND, LLC, a Delaware limited liability company, with a mailing address of 302
Jefferson Street, Suite 110, Raleigh, NC 27605 ("CLL").
RECITALS
WHEREAS, Owner owns certain real estate located in Yadkin County, North Carolina,
consisting of 273.44 acres, more or less, which land is more particularly described and/or depicted
on Exhibit A attached hereto and made a part hereof (the "Property 1);
WHEREAS, CLL is engaged in a business operation for the location, establishment,
approval and maintenance of ecological restoration and/or conservation sites;
WHEREAS, the Property, or a portion thereof, includes certain features or resources,
which may be suitable for qualification and approval by CLL under applicable law as a ecological
restoration mitigation and/or conservation site (the "Project"); and
WHEREAS, on the terms and conditions set forth in the Agreement, Owner and CLL have
entered into the Agreement to, among other things, (i) establish a due diligence period to allow
CLL to evaluate the Property (or portions thereof) for development of the Project, (ii) allow CLL
to pursue approvals for the Project from applicable state, federal, and local regulatory authorities,
on the terms and conditions of the Agreement, (iii) provide CLL, and certain third parties as
provided in the Agreement, access rights over and across the Property for purposes set forth in the
Agreement, (iv) if and when required under the Agreement, require the future execution by Owner
of a perpetual conservation easement in the form required by the Agreement (the "Conservation
Easement"), and (v) set forth the various payments and consideration to be paid by the parties in
connection with the foregoing.

NOW, THEREFORE, Owner and CLL hereby agree to execute this Memorandum of
Agreement for purposes of stating the following with respect to the Agreement and putting third
parties on notice of the existence and terms thereof -
Recitals: The foregoing recitals are incorporated by reference into this Memorandum and
shall be binding on the parties hereto.
2. Owner: The name and address of Owner are as set forth above.
3. CLL: The name and address of CLL are as set forth above.
4. Date of Agreement: The date of the Agreement is ✓ u 1-h 6- Lon
5. Option for Conservation Easement. CLL shall have the option to require Owner to execute,
deliver and record against a portion of the Property, the Conservation Easement.
6. Property Description: The Property, or a portion thereof, affected by the Agreement is the real
property described and/or depicted on Exhibit A attached hereto.
7. Conflicts. In the event of any conflict between the terms of this Memorandum and the terms
of the Agreement, the terms of the Agreement shall prevail.
8. Hold Harmless Agreement. At all times that this Memorandum, the Agreement, or the
Conservation Easement remains effective, CLL agrees that it shall hold Owner harmless
from liability for any damages caused by any activities conducted by CLL on the Property,
other than to the extent such damages are caused by the negligence, willful misconduct or
breach of this Agreement, the Conservation Easement or the Memorandum of Agreement by
Owner or any party acting by, through or under Owner. At all times that this Memorandum,
the Agreement, or the Conservation Easement remains effective and for so long as the
Conservation Easement affects the Property, Owner agrees that it shall hold CLL harmless
from liability for any damages caused by any activities conducted by Owner or Owner's
invitees on the Property, other than to the extent such damages are caused by the negligence,
willful misconduct or breach of this Agreement, the Conservation Easement or the
Memorandum of Agreement by CLL or any party acting by, through or under CLL.
9. Successors and Assigns. The Agreement shall be a covenant that runs with the land and shall
be binding on all of Owner's successors and assigns. Any party who acquires all or any portion
of the Property, or any interest therein, whether by sale, foreclosure sale, deed in lieu of
foreclosure, or in any other manner, shall take the Property (or such interest therein) subject to
all of the provisions of the Agreement.
[SIGNATURE PAGES FOLLOW]
2

IN WITNESS WHEREOF, intending to be legally bound, the Parties have executed this
Memorandum the day and year fust above written.
OWNER:
Frazier Farm of North Carolina, LLC,
a North Carolina limited liability company
By: / j
Name: w. Arlehve
Title: '2'o"7 4 �
Date: 7t'
STATE OF NORTH CAROLINA
COUNTY OF r.,
On 'A , 2017, before me, a Notary Public for the state aforesaid, personally
appeared W. 1 -r -■/f kn7rc2, the D—mE4 of Frazier Farm of North
Carolina, LLC, a North Carolina limited liability company, and that he/she, in the capacity set
forth above, on behalf of Frazier Farm of North Carolina, LLC, being authorized to do so,
executed, in my presence, the within instrument, and acknowledged that he/she executed the same
for the purposes therein contained.
IN WITNESS WHEREOF, I have set my hand and official seal.
[SEAL]
Dertbi 8. Rttmatgl -
NOTARYPUBW
1Rala Coady, North CttaaAta
My CAtrtntWM Etcgres 1W05/ M
Signature of Notary Public
9,04 6. !C/1-rL5A j
Printed Name of Notary Public
My Commission Expires: 1-767-1

CLL:
Colonel Land, LLC,
a Delaware limited liability company
By: Resource Environmental Solutions,
LLC, a Louisiana limited liability
company, ma a er
By:
Name: Etfiott M. Bouillion
Title: President and CEO
Date: August 11, 2017
STATE OF TEXAS
COUNTY OF HARRIS
On August 11, 2017, before me, a Notary Public for the State aforesaid, personally appeared Elliott
M. Bouillion, who acknowledged himself to be the president and chief executive officer of
Resource Environmental Solutions, LLC, a Louisiana limited liability company, manager of
Colonel Land, LLC, a Delaware limited liability company, and that he, in the capacity set forth
above, on behalf of CLL, being authorized to do so, executed, in my presence, the within
instrument, and acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have set my hand and official seal.
CAROLJHOPPE Signal t1/�1 of Nota bblic
NOTARY PUBLIC l 2 / wne /
STATE OF TEXAS Printed Name of Not Public
;,0ft EXP. 5/11/2018 _/
My commission expires: �� }l

EXHIBIT A
to Memorandum of Agreement
Description of Property
All that certain parcel of property located in Boonville Township in Yadkin County, North Carolina,
consisting of 273.44 acres +/- with a street address of 3532 Baptist Church Road, Boonville, NC 27011, a
Parcel Id of N/A and NC PINS of 499000200499; 499000403703; 499000217656; 499000310877;
499000013900; 498000905893, and being that property conveyed to Owner by deed recorded among the
land records of Yadkin County, North Carolina in Deed Book 1084 at Page 410.
4837-92844362, v. I

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper Office of Archives and History
Secretary Susi H. Hamilton Deputy Secretary Kevin Cherry
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599

June 28, 2018

Cara Conder
Resource Environmental Solutions
302 Jefferson Street, Suite 110
Raleigh, NC 27605

Re: Identification of Stone Wall Features, Green Mesa Mitigation Site, RES Yadkin 01 Stream and
Wetland Umbrella Bank, Yadkin County, ER 17-1991

Dear Ms. Conder:

Thank you for your submission concerning the above referenced project. We have reviewed the information
provided and offer the following comments.
Two dry-stacked stone wall features were identified in the Area of Potential Effects for the proposed Green
Mesa mitigation site. Thank you for bringing these features to our attention. They have been recorded with
the North Carolina Office of State Archaeology as archaeological sites 31YD224 (Reach FF1-A) and
31YD225 (Reach FF1-C). No earthwork or heavy equipment are planned in the immediate vicinity of either
site. Based on the information provided, the proposed mitigation activities will have no effect on any historic
properties eligible for listing in the National Register of Historic Places.

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,
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,

Ramona M. Bartos

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper Office of Archives and History
Secretary Susi H. Hamilton Deputy Secretary Kevin Cherry
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599

July 17, 2018

Cara Conder
Resource Environmental Solutions
302 Jefferson Street, Suite 110
Raleigh, NC 27605

Re: Stream Bank Grading in Reach FF1-A, Green Mesa Mitigation Site in Yadkin Umbrella Bank,
Yadkin County, ER 17-1991

Dear Ms. Conder:

Thank you for your submission concerning the above referenced project. We have reviewed the information
provided and offer the following comments.
One dry-stacked stone wall feature (31YD224) is located in Reach FF1-A of the subject mitigation site. Based
on the information provided, earthwork will take place 75 feet from 31YD224, but not in the immediate
vicinity of the wall itself. We find this 75-foot distance sufficient to buffer site 31YD224 from disturbance
associated with the proposed stream bank grading. Therefore, the proposed mitigation activities will have no
effect on any historic properties eligible for listing in the National Register of Historic Places.

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,
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,

Ramona M. Bartos

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 14, 2019

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

RE: Nationwide 27 Permit Application for the Green Mesa Mitigation Project

Dear Mr. Haupt,
Resource Environmental Solutions (RES) is pleased to submit a Nationwide Permit 27 Pre-Construction
Notification (PCN) for the Green Mesa Mitigation Site (Project). The Green Mesa Mitigation Site 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 two miles south of
Booneville. 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 five 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. There will be zero wetland and open water impacts associated with this
project. Total stream impacts resulting from the proposed project are 2,132 linear feet. There are no
NCDWR regulated buffers on this Project.
Thank you for your prompt attention to this important project. Please contact me at 919-209-1067 or
[e-mail] if you have any questions or require any additional information.

Sincerely,

Matt Butler, PMP
Project Manager
Resource Environmental Solutions, LLC

FF263 ac
FF372 ac
FF4242 ac
FF535 ac
FF11011 ac
0 2,0001,000
Feet
Figure 4 - USGS QuadrangleYadkinville (1967)
Green Mesa Mitigation Site
Yadkin County, North Carolina
Legend
Proposed Easem ent
Drainage Area
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0 600300
Feet
Figure 3 - Mapped Soils
Green Mesa Mitigation Site
Yadkin County, North Carolina
Legend
Proposed Easem ent
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F
F
5
FF3FF2FF1-A
FF1-D
FF1-B
FF4
FF1-C0 500250
Feet
Existing Conditions
Green Mesa Mitigation Site
Yadkin County, North Carolina
Legend
Proposed Easement
Project Streams
©Date: 6/12/2018
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Historic Crossing
Relic Wall
Inset A
Inset B
FF1-C0 5025
Feet
Existing Conditions - Inset A
Green Mesa Mitigation Site
Yadkin County, North Carolina
Legend
Proposed Easement
Project Streams
©Date: 6/12/2018
Drawn by: MDE
Checked by: xxx
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Historic Crossing
FF1-A
0 5025
Feet
Existing Conditions - Inset B
Green Mesa Mitigation Site
Yadkin County, North Carolina
Legend
Proposed Easement
Project Streams
©Date: 6/12/2018
Drawn by: MDE
Checked by: xxx
Document Path: S:\@RES GIS\Projects\NC\Green Mesa (Frazier Farms)\MXD\SHPO Figures\ExistingConditions2_GreenMesa.mxd1 inch = 50 feet
Relic Wall
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action ID: SAW-2017-01466 County: Yadkin U.S.G.S. Quad: Yadkinville
NOTIFICATION OF JURISDICTIONAL DETERMINATION

Property Owner: Frazier Farm of North Carolina, LLC
Address: 3532 Baptist Church Road
Boonville, NC 27011
Telephone Number:

Size (acres): 20 acres Nearest
Town: Boonville
Nearest Waterway: Tanyard Creek Coordinates: 36.213246, -80.718195
River Basin/ HUC: Upper Yadkin

Location description: The site is located
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 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 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 wetland s 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

2
jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied
upon for a period not to exceed five years.
The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.

There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.

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 [e-mail]. 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 May 8, 2018 and are as approximately
depicted on the attached Potential Wetland/Waters Map (dated 10/27/2017).

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 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 N/A (Preliminary-JD).

3

**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**

Corps Regulatory Official: ___________________________________
William Elliott

Issue Date of JD: August 23, 2018 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.army.mil/cm_apex/f?p=136:4:0.

Copy furnished:
Jeremy Schmid, 302 Jefferson Street, Suite 110, Raleigh, NC 27605

4

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL Applicant: Frazier Farm of North Carolina, LLC File Number: SAW-SAW-2017-01466 Date: August 23, 2018
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E

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

5

SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)

ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record
of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the
administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may
provide additional information to clarify the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division,
Attn: William Elliott
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
828-271-7980, ext. 4232

If you only have questions regarding the appeal process you may
also contact:
Mr. Jason Steele, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.

________________________________________
Signature of appellant or agent.
Date: Telephone number:

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: [phone]

6

7
PRELIMINARY JURISDICTIONAL DETERMINATION (JD) FORM
U.S. Army Corps of Engineers

BACKGROUND I NFORMATI ON
A. REPORT COMPLETION DATE FOR PRELIMINARY JD: August 23, 2018

B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Frazier Farm of North Carolina, LLC
3532 Baptist Church Road Boonville, NC 27011

C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
CESAW-RG-A, SAW-2017-01466,

D. PROJECT LOCATI ON(S) AND BACKGROUND INFORMATI ON:
The site is located

State: NC County/parish/borough: Yadkin City: Boonville
Center coordinates of site (lat/long in degree decimal format): 36.213246, -80.718195
Universal Transverse Mercator: NAD83
Name of nearest waterbody: Tanyard Creek

E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date: August 23,2018
Field Determination. Date(s): May 8, 2018

Use the table below to document aquatic resources and/or aquatic resources at different sites
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION

Site
Number Centered Coordinates
(decimal degrees)

Latitude Longitude
Estimated A mount
of Aquatic Resource
in R eview Area
(linear feet or acre)
Type of Aquatic
Resources
Geographic
Authority to Which
Aquatic Resource
“May Be” Subject
FF1-A 36.212223 -80.724609 1013 lf Wetland
Non-wetland Waters

Section 404
Section 10/404
FF1-B 36.212189 -80.722394 724 lf Wetland
Non-wetland Waters
Section 404
Section 10/404
FF1-C 36.213772 -80.720389 815 lf Wetland
Non-wetland Waters Section 404
Section 10/404
FF1-D 36.215554 -80.718159 1609 lf Wetland
Non-wetland Waters
Section 404
Section 10/404
FF2 36.211115 -80.723753 637 lf Wetland
Non-wetland Waters
Section 404
Section 10/404
FF3 36.210798 -80.719211 1494 lf Wetland
Non-wetland Waters
Section 404
Section 10/404
FF4 36.216467 -80.722795 1037 lf Wetland
Non-wetland Waters
Section 404
Section 10/404
FF5 36.214259 -80.716669 1442 lf Wetland
Non-wetland Waters
Section 404
Section 10/404

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WA 36.212119 -80.723091 5.4 ac lf Wetland
Non-wetland Waters
Section 404
Section 10/404
WB 36.213772 -80.720389 .28 ac Wetland
Non-wetland Waters
Section 404
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 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:

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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:

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:
USGS NHD data.
USGS 8 and 12 digit HUC maps.
USGS map(s). Cite scale & quad name: Yadkinville.
Natural Resources Conservation Service (NRCS) 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): UNK
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 jurisdictional determinations.

William Elliott, August 23, 2018
Signature and date of Regulatory
staff member completing
preliminary JD
Frazier Farm of North Carolina, LLC
Signature and date of person requesting
preliminary JD (REQUIRED, unless obtaining the
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, NC 28801-5006

______________________________________________________________________________________

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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.