Loading...
HomeMy WebLinkAbout20171559 Ver 3_More Info Received_20220131Homewood, Sue From: Miller, Vickie M. (Raleigh) <Vickie.Miller@hdrinc.com> Sent: Monday, January 31, 2022 11:07 AM To: Homewood, Sue Cc: Wendee Smith; Masemore, Sushma; Wojoski, Paul A Subject: [External] RE: GRMS documents Attachments: Duke Energy_Agent_Authorization_form.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Good morning Sue, See below. 1. The Duke Energy Agent Authorization form is attached. 2. The Jurisdictional Determination files are large so you will see a OneDrive link in just a few minutes with all of them in in. 3. I will send this to you in a separate email due to the confidential nature of the information. 4. Ken, our water resources engineer, is in the process of backchecking, finalizing and submitting the CLOMR application. He said the plan is to submit on Thursday of this week. Everyone understands that they could not construct within the floodplain areas until that has been processed. We would like for the condition to allow construction on the site but no filling within the floodplain until that has been reviewed and approved. Ken has talked with the state reviewer and they are aware of the importance of the schedule from what he said. He also plans to give the reviewer a heads up of when it will be submitted. Let me know if you need anything else. Thanks, Vickie Vickie Miller, AICP, Pws D 919.232.6637 M 919.559.2632 hdrinc.com/follow-us From: Homewood, Sue <sue.homewood@ncdenr.gov> Sent: Monday, January 31, 2022 10:32 AM To: Miller, Vickie M. (Raleigh) <Vickie.Miller@hdrinc.com> Cc: Wendee Smith <wsmith@s2cnc.com>; Masemore, Sushma <sushma.masemore@ncdenr.gov>; Wojoski, Paul A <Paul.Wojoski@ncdenr.gov> Subject: GRMS documents CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning Vickie, 1 Thank you for the updated documents last night and this morning. As we continue to review our file I identified a few more documents/items: 1. On Sept 27, 2021 you submitted a response to the Division's Request for Additional Information that included Agent Authorization forms for some of the partners of the project. At that time you noted that the Agent Authorization Form for Duke would be forwarded separately. I have looked through my files and have been unable to find where that form was submitted. Could you please point out to me when/where it was submitted, or provide one now please. 2. Please forward a copy of the verified/approved JDs for the transportation and utility corridors. 3. On Friday you indicated that you would forward an updated Site Plan with timelines for all the buildings. The plan sent last week did not include a timeline for each of the buildings. 4. Yesterday you indicated that you would get back to us regarding the status of the Floodplain Mapping Revision process. Thank you, Sue Homewood Division of Water Resources, Winston Salem Regional Office Department of Environmental Quality 336 776 9693 office 336 813 1863 mobile Sue.Homewood@ncdenr.gov 450 W. Hanes Mill Rd, Suite 300 Winston Salem NC 27105 urn cofrespondonoe tod!Ns seams issubject to /iv Myth Cave* Akio taw and froy t re disdosedlqp milt ,patios. 2 AGENT AUTHORIZATION FORM I, Andrew Tate, representing the Duke Energy, hereby certify that I have authorized Vickie Miller, representing HDR Engineering, Inc. of the Carolinas, to act on my behalf in the processing, issuance, and acceptance of the verification of jurisdictional waters of the U.S. and Section 404/401 permitting associated with infrastructure for the Greensboro Randolph Megasite, located in Randolph County, North Carolina. Owner's Contact Information: Andrew Tate, Director, North Carolina Economic Development Duke Energy Owner's Address: 411 Fayetteville Street Raleigh, NC 27601-1849 Telephone Number. 828-808-2817 Email address: Andrew.Tate@duke-energy.com Owner's signature September 30, 2021 Date Agent's Contact Information: Vickie Miller, AICP, PWS HDR Engineering Inc. of the Carolinas Agent's Address: 555 Fayetteville Street, Suite 900 Raleigh, NC 27601 Telephone Number. 919-232-6600 Email address: Vickie.miller@hdrinc.com U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2015-01268 County: Randolph County U.S.G.S. Quad: Climax NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: HDR Vickie Miller Address: 555 Fayetteville Street, Suite 900 Raleigh, North Carolina 27601 Telephone Number: 919-232-6637 Size (acres) 41 (approximately) Nearest Town Liberty Nearest Waterway Sandy Creek River Basin Cape Fear USGS HUC 03030003 Coordinates Latitude: 35.890614 Longitude: -79.631629 Location description: GREENSBORO RANDOLPH MEGASITE ELECTRIC UTILITY CORRIDOR. The site extends from the existing Duke Energy corridor west of Hockett Road and north of the intersection of Hockett and Whitt Hunt Roads, eastward across Raccine Road, NC 22, Old Red Cross Road, Shiloh Road and US 421 to the Greensboro Randolph Megasite (See attached maps). 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 law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Page 1 of 2 SAW-2015-01268 _ 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. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Andrew Williams at (919) 554-4884 or Andrew.E.Williams2(ausace.army.mil. C. Basis For Determination: N/A. An Approved JD has not been completed. D. Remarks: This PJD is for the Electrical Utility Corridor associated with the Greensboro Randolph Megasite and does not include other components of the project. E. Attention USDA Program Participants The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work. F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above) 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: Mr. Philip A Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND PHILIP.A.SHANNIN@USACE.ARMY.MIL SAW-2015-01268 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: Not Applicable. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. /��`^) �� Date:2021.12.10 Corps Regulatory Official: T �14:22:29 -05'00' Date: December 10, 2021 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. Legend 1 Study Area 0 Feet F�2 AERIAL MAP DUKE ENERGY 100KV TRANSMISSION LINE STUDY AREA FIGURE 2 PATH: Z:IGISIPROJECTS1995119 CITYOFGREENSBOR019259114 GBOROMSWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIPERMIT FIGURESIOUKEIFIG 2 DUKE AERIAL MAP.MXO - USER: JGARVEY - OATE: 1113912917 fA LEGEND Study Area Matchlines Megasite Boundary F�2 J �• ,141 Potential Non -Wetland Water (Perennial) 0 Upland Data Point Potential Non -Wetland Water (Intermittent) 0 Wetland Data Point Potential Wetland Potential Non -Wetland Water (Open Water) 0 Feet 200 A PATH: IICLTSMAINIGIS OATAIGISIPRGJECTS1998119 CITYGFGREENSBURU19259114 GBGRGMSWATER-SEWERENVIRUIMAP OUCSIMXOIGRMS NEPAIPERMIT FIG 88911810UKEIFIG 4 OUKE JO USGSSTREAMS MAP PJO 953918.MXU - USER: JGARVEY - DATE: 513912018 _ _ _ _ _ _ _ _ _ _ _ _ _ _ POTENTIAL JURISDICTIONAL FEATURES MAP DUKE ENERGY 100KV TRANSMISSION LINE STUDY AREA FIGURE 4 - PAGE 1 OF 13 i, . "IN1=MINIr', .fig WISP LEGEND Study Area Matchlines Megasite Boundary fA Potential Non -Wetland Water (Perennial) 0 Upland Data Point Potential Non -Wetland Water (Intermittent) 0 Wetland Data Point Potential Wetland Potential Non -Wetland Water (Open Water) 0 Feet 200 A r F�2 ITO POTENTIAL JURISDICTIONAL FEATURES MAP DUKE ENERGY 100KV TRANSMISSION LINE STUDY AREA FIGURE 4 - PAGE 2 OF 13 PATH: IICLTSMAINIGIS OATAIGISIPRGJECTS1998119 CITYGFGREENSBURU19259114 GBGRGMSWATER-SEWERENVIRUIMAP OUCSIMXOIGRMS NEPAIPERMIT FIG 88911810UKEIFIG 4 OUKE JO USGSSTREAMS MAP PJO 953918.MXU - USER: JGARVEY - DATE: 513912018 _ _ _ _ _ _ _ _ _ _ _ _ _ _ 44•1=P ? "Wia LEGEND Study Area Matchlines Megasite Boundary fA Potential Non -Wetland Water (Perennial) 0 Upland Data Point Potential Non -Wetland Water (Intermittent) 0 Wetland Data Point Potential Wetland Potential Non -Wetland Water (Open Water) 0 Feet 200 A F�2 POTENTIAL JURISDICTIONAL FEATURES MAP DUKE ENERGY 100KV TRANSMISSION LINE STUDY AREA FIGURE 4 - PAGE 3 OF 13 PATH: IICLTSMAINIGIS OATAIGISIPRGJECTS1998119 CITYGFGREENSBURU19259114 GBGRGMSWATER-SEWERENVIRUIMAP OUCSIMXOIGRMS NEPAIPERMIT FIG 88911810UKEIFIG 4 OUKE JO USGSSTREAMS MAP PJO 953918.MXU - USER: JGARVEY - DATE: 513912018 _ _ _ _ _ _ _ _ _ _ _ _ _ _ j;- f _;c ',?Ifit LEGEND Study Area Matchlines Megasite Boundary fA Potential Non -Wetland Water (Perennial) 0 Upland Data Point Potential Non -Wetland Water (Intermittent) 0 Wetland Data Point Potential Wetland Potential Non -Wetland Water (Open Water) 0 Feet 200 A F�2 POTENTIAL JURISDICTIONAL FEATURES MAP DUKE ENERGY 100KV TRANSMISSION LINE STUDY AREA FIGURE 4 - PAGE 4 OF 13 PATH: IICLTSMAINIGIS OATAIGISIPRGJECTS1998119 CITYGFGREENSBURU19259114 GBGRGMSWATER-SEWERENVIRUIMAP OUCSIMXOIGRMS NEPAIPERMIT FIG 88911810UKEIFIG 4 OUKE JO USGSSTREAMS MAP PJO 953918.MXU - USER: JGARVEY - DATE: 513912018 _ _ _ _ _ _ _ _ _ _ _ _ _ _ %~. .4W -qb.' r Study Area Matoh|ineo MegaoiteBoundary Potential Non -Wetland Water (Pevannia0 O Upland Data Point Potential Non -Wetland Water (Intermittent) D Wetland Data Point Potential Wetland �------- | � PotenUa|Non-VVeUandVVater(Open VVate� o Feet 000 /�� 01 POTENTIAL JURISDICTIONAL FEATURES MAP DUKE ENERGY 1OOK#TRANSMISSION LINE STUDY AREA FIGURE «' PAGE smp10 Potential Non -Wetland Water (Perennial) Potential Non -Wetland Water (Intermittent) Potential Non -Wetland Water (Open Water) FY2 PATH: IICLTSMAINIGIS OATAIGISIPRGJECTS1998119 CITYGFGREENSBURU19259114 GBGRGMSWATER-SEWERENVIRUIMAP OUCSIMXOIGRMS NEPAIPERMIT FIG 88911810UKEIFIG 4 OUKE JO USGSSTREAMS MAP PJO 953918.MXU - USER: JGARVEY - DATE: 513912018 _ _ _ _ _ _ _ _ _ _ _ _ _ _ POTENTIAL JURISDICTIONAL FEATURES MAP DUKE ENERGY 100KV TRANSMISSION LINE STUDY AREA FIGURE 4 - PAGE 6 OF 13 Lsoswo U Study Area Matoh|ineo MegaoiteBoundary r 01 Potential Non -Wetland Water (Pevannia0 O Upland Data Point Potential Non -Wetland Water (Intermittent) D Wetland Data Point Potential Wetland �----------- | �& PotenUa|Non-VVeUandVVater(Open VVate� o Feet 000 /s� POTENTIAL JURISDICTIONAL FEATURES MAP DUKE ENERGY 1OOK#TRANSMISSION LINE STUDY AREA FIGURE «' PAGE rmp10 Study Area Matchlines Megasite Boundary fA Potential Non -Wetland Water (Perennial) 0 Upland Data Point Potential Non -Wetland Water (Intermittent) 0 Wetland Data Point Potential Wetland Potential Non -Wetland Water (Open Water) 0 Feet 200 A F�2 PATH: IICLTSMAINIGIS OATAIGISIPRGJECTS1998119 CITYGFGREENSBURU19259114 GBGRGMSWATER-SEWERENVIRUIMAP OUCSIMXOIGRMS NEPAIPERMIT FIG 88911810UKEIFIG 4 OUKE JO USGSSTREAMS MAP PJO 953918.MXU - USER: JGARVEY - DATE: 513912018 _ _ _ _ _ _ _ _ _ _ _ _ _ _ POTENTIAL JURISDICTIONAL FEATURES MAP DUKE ENERGY 100KV TRANSMISSION LINE STUDY AREA FIGURE 4 - PAGE 8 OF 13 Potential Non -Wetland Water (Perennial) Potential Non -Wetland Water (Intermittent) Potential Non -Wetland Water (Open Water) F�2 - POTENTIAL JURISDICTIONAL FEATURES MAP DUKE ENERGY 100KV TRANSMISSION LINE STUDY AREA FIGURE 4 - PAGE 9 OF 13 PATH: IICLTSMAINIGIS OATAIGISIPRGJECTS1995119 CITYGFGREENSBURU19259114 GBGRGMSWATER-SEWERENVIRUIMAP OUCSIMXOIGRMS NEPAIPERMIT FIG U5911910UKEIFIG 4 OUKE JO USGSSTREAMS MAP PJO 95391S.MX0 - USER: JGARVEY - DATE: 51391291E _ _ _ _ _ _ _ _ _ _ _ _ _ _ LEGEND Study Area Matchlines Megasite Boundary fA Potential Non -Wetland Water (Perennial) 0 Upland Data Point Potential Non -Wetland Water (Intermittent) 0 Wetland Data Point Potential Wetland Potential Non -Wetland Water (Open Water) 0 Feet 200 A 1p Red Ma IM P el. t l� 4- .r r �1 F�2 414 POTENTIAL JURISDICTIONAL FEATURES MAP DUKE ENERGY 100KV TRANSMISSION LINE STUDY AREA FIGURE 4 - PAGE 10 OF 13 PATH: IICLTSMAINIGIS OATAIGISIPRGJECTS1998119 CITYGFGREENSBURU19259114 GBGRGMSWATER-SEWERENVIRUIMAP OUCSIMXOIGRMS NEPAIPERMIT FIG 88911810UKEIFIG 4 OUKE JO USGSSTREAMS MAP PJO 953918.MXU - USER: JGARVEY - DATE: 513912018 _ _ _ _ _ _ _ _ _ _ _ _ _ _ LEGEND Study Area Matchlines Megasite Boundary WV." WMINIIMIF- • -,'"JIIMIEN Potential Non -Wetland Water (Perennial) 0 Upland Data Point Potential Non -Wetland Water (Intermittent) 0 Wetland Data Point Potential Wetland Potential Non -Wetland Water (Open Water) • :" • , j! • I 0 Feet 200 A 1 V Tii.' , • 1 ( ,, ,': •!I ... . ..,.....„.. ,.„.•.,, A : ,i . .1,, .1.1 ',...4E- _.. .., .•.' e.4,,,. i .. .'i •I 1 :I ,-Pr • • . •• • '. -;.. ' : ' .- . ' ••••ilij. • ',..7.'....ir'': 'y!: . ..e ,....., . . •,. r. N . . •r-: 0; I.• jr: .. , . . . ii • f . 7 - ; .4 - ; rf : 1" t .1 ' -: . :1 '1 '-' .4:: '' 4 ..• . ; j . . ...•:',..'.:,:. I '. ;2r • .1,0 • .; :V: ' • ., ..• cLe FY PATH: . - USER: JGARVEY - DATE: 513012018 POTENTIAL JURISDICTIONAL FEATURES MAP DUKE ENERGY 100KV TRANSMISSION LINE STUDY AREA FIGURE 4 - PAGE 11 OF 13 fA r LEGEND Study Area Matchlines Megasite Boundary F�2 Potential Non -Wetland Water (Perennial) Potential Non -Wetland Water (Intermittent) Potential Wetland Potential Non -Wetland Water (Open Water) Upland Data Point Wetland Data Point Feet 200 PATH: IICLTSMAINIGIS OATAIGISIPRGJECTS1998119 CITYGFGREENSBURU19259114 GBGRGMSWATER-SEWERENVIRUIMAP OUCSIMXOIGRMS NEPAIPERMIT FIG 88911810UKEIFIG 4 OUKE JO USGSSTREAMS MAP PJO 953918.MXU - USER: JGARVEY - DATE: 513912018 _ _ _ _ _ _ _ _ _ _ _ _ _ _ POTENTIAL JURISDICTIONAL FEATURES MAP DUKE ENERGY 100KV TRANSMISSION LINE STUDY AREA FIGURE 4 - PAGE 12 OF 13 r Win: l ' a�+►r . f���i i lei •<��rFk' .tea, } �' LEGEND Study Area Matchlines Megasite Boundary fA Potential Non -Wetland Water (Perennial) 0 Upland Data Point Potential Non -Wetland Water (Intermittent) 0 Wetland Data Point Potential Wetland Potential Non -Wetland Water (Open Water) 0 Feet 200 afic F�2 0 O CL a Corridor continues onto Megasite. Additional features are covered on Megasite figures. POTENTIAL JURISDICTIONAL FEATURES MAP DUKE ENERGY 100KV TRANSMISSION LINE STUDY AREA FIGURE 4 - PAGE 13 OF 13 PATH: IICLTSMAINIGIS OATAIGISIPRGJECTS1998119 CITYGFGREENSBURU19259114 GBGRGMSWATER-SEWERENVIRUIMAP OUCSIMXOIGRMS NEPAIPERMIT FIG 88911810UKEIFIG 4 OUKE JO USGSSTREAMS MAP PJO 953918.MXU - USER: JGARVEY - DATE: 513912018 _ _ _ _ _ _ _ _ _ _ _ _ _ _ SAW-2015-01268 PROCESS AND NOTIFICATION OF ADNIINISTRATIVE APPEAL OPTIONS AND REQUEST FOR APPEAL Applicant: Vickie Miller, HDR File Number: SAW-2015-01268 Date: December 10, 2021 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 7 PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION Additional Corps I - The following identifies your rights and options regarding an administrative information may be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx appeal of the above decision. or regulations at 33 CFR Part 331. A: • • INITIAL PROFFERED PERMIT: You may accept ACCEPT: If you received a Standard Permit, you may sign authorization. If you received a Letter of Permission (LOP), or object to the permit. the permit document and return you may accept the LOP and your you accept the permit in its entirety, determinations associated it to the district engineer for final work is authorized. Your signature and waive all rights to appeal the with the permit. therein, you may request that the to the district engineer. Your or you will forfeit your right to appeal and may: (a) modify the or (c) not modify the permit objections, the district engineer on the Standard Permit or acceptance of the LOP means that permit, including its terms and conditions, and approved jurisdictional OBJECT: If you object to the permit (Standard or LOP) permit be modified accordingly. You must complete Section objections must be received by the district engineer within the permit in the future. Upon receipt of your letter, the district permit to address all of your concerns, (b) modify the permit having determined that the permit should be issued as previously will send you a proffered permit for your reconsideration, because of certain terms and conditions II of this form and return the form 60 days of the date of this notice, engineer will evaluate your objections to address some of your objections, written. After evaluating your as indicated in Section B below. B: • • PROFFERED PERMIT: You may accept or appeal ACCEPT: If you received a Standard Permit, you may sign authorization. If you received a Letter of Permission (LOP), the permit the permit document and return you may accept the LOP and your you accept the permit in its entirety, determinations associated it to the district engineer for final work is authorized. Your signature and waive all rights to appeal the with the permit. terms and conditions therein, you by completing Section II of this form within 60 days of the date of on the Standard Permit or acceptance of the LOP means that permit, including its terms and conditions, and approved jurisdictional APPEAL: If you choose to decline the proffered permit may appeal the declined permit under the Corps of Engineers (Standard or LOP) because of certain Administrative Appeal Process and sending the form to the division engineer. This form must be received by the division engineer 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 provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Appeal Process by completing Section II of this form and sending the form to the division engineer. This the division engineer within 60 days of the date of this notice. approved JD or 60 days of the date of JD. Engineers Administrative form must be received by SAW-2015-01268 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. ■ 1 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: Andrew Williams 3331 Heritiage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 andrew.e.williams2(ausace.army.mil If you only have questions regarding also contact: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin the appeal process you may Officer Administrative Appeal Review 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 PHILIP.A. SHANNIN (a,USACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Andrew Williams, 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. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, FLOOR M9, Atlanta, Georgia 30303-8803 Phone: (404) 562-5136 EMAIL: PHILIP.A.SHANNIN@USACE.ARMY.MIL U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2015-01268 County: Randolph County U.S.G.S. Quad: Climax NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: Address: Telephone Number: Size (acres) Nearest Waterway USGS HUC North Carolina Department of Transportation, Division 8 Patrick Norman, Division Engineer 121 DOT Drive Carthage, North Carolina 28327 (910)773-8000 675 (approximately) Nearest Town Liberty Sandy Creek River Basin Cape Fear 03030003 Coordinates Latitude: 35.886902 Longitude: -79.645924 Location description: GREENSBORO RANDOLPH MEGASITE TRANSPORTATION CORRIDOR. The site begins approximately 400 feet southeast of the Big Buck Road, Harold Meadows Road intersection and extends along US 421 and adjacent to the Greensboro Randolph Megasite and ends approximately 2000 feet southwest of the Troy Smith Road, Starmount Road intersection in Randolph County, North Carolina. (See attached maps). 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 law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Page 1 of 2 SAW-2015-01268 _ 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. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Andrew Williams at (919) 554-4884 or Andrew.E.Williams2(ausace.army.mil. C. Basis For Determination: N/A. An Approved JD has not been completed. D. Remarks: This PJD is for the Transportation Corridor associated with the Greensboro Randolph Megasite and does not include other components of the project. E. Attention USDA Program Participants The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work. F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above) 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: Mr. Philip A Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND PHILIP.A.SHANNIN@USACE.ARMY.MIL SAW-2015-01268 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: Not Applicable. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. /444Date: 2021.12.10 Corps Regulatory Official: 17:09:11 -05 00 Date: December 10, 2021 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 (via email): HDR Vickie Miller 555 Fayetteville Street, Suite 900 Raleigh, North Carolina 27601 V ickie.Miller@hdrinc. com Legend Interchange Study Area Streams - Intermittent and Perennial Wetlands Ponds Megasite Boundary Estimated Streams Estimated Pond Feet 1,600 Oak Hollow Lake Greensboro Guilford Liberty Siler City Dodsons Lake W-B-181-61 POTENTIAL JURISDICTIONAL FEATURES MAP F�2 FIGURE 6 PATH: GAGISIPRGJECTS199fi]]9 CITYGFGREENSBGRG19259114 GBURUMSWATER-SEWERENVIRGIMAP OGCSIMXOIGRMS NEPAIREVISEO JOIFIG fi ROADWAY JU MAP REV 29211292 NO MS GVERLAP.MXU - USER: JGARVEY - DATE: 12/2/2021 _ _ _ _ _ _ _ _ _ _ _ 4 Legend 1 1 Interchange Study Area Streams - Intermittent and Perennial Megasite Boundary Estimated Streams POTENTIAL JURISDICTIONAL FEATURES MAP F�2 FIGURE 6 - PAGE 1 OF 3 PATH: GAGISIPROJECTS199fi]]9 CITYOFGREENSBOR019259114 GBOROMSWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIREVISEO JOIFIG fi ROADWAY JO MAP REV 29211292 NO MS OVERLAP MAPBOOK. MXO - USER: JGARVEY - DATE: 12/2/2021 _ _ _ _ _ _ _ _ _ _ _ _ Legend 1 Interchange Study Area Streams - Intermittent and Perennial Wetlands Ponds Megasite Boundary Estimated Streams Estimated Pond 0 Feet b2b a POTENTIAL JURISDICIROURES MAP F�2 FIGURE 6 - PAGE 2 OF 3 PATH: G:IGISIPROJECTS1995119 CITYOFGREENSBOR019259114 GBOROMSWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIREVISEO JOIFIG fi ROADWAY JO MAP REV 29211292 NO MS OVERLAP MAPBOOK. MXO - USER: JGARVEY - DATE: 12/2/2021 _ _ _ _ _ _ _ _ _ _ _ _ Legend Interchange Study Area Streams - Intermittent and Perennial Wetlands Ponds Megasite Boundary Estimated Streams Estimated Pond Feet b2b +� F�2 PATH: GAGISIPROJECTS199fi]]9 CITYOFGREENSBOR019259114 GBOROMSWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIREVISEO JOIFIG fi ROADWAY JO MAP REV 29211292 NO MS OVERLAP MAPBOOK. MXO - USER: JGARVEY - DATE: 12/2/2021 _ _ _ _ _ _ _ _ _ _ _ _ Dodsons Lake W-B-1 81-6 W-A-190-1) SU (Sandy Creek) POTENTIAL JURISDICTIONAL FEATURES MAP FIGURE 6 - PAGE 3 OF 3 SAW-2015-01268 PROCESS AND NOTIFICATION OF ADNIINISTRATIVE APPEAL OPTIONS AND REQUEST FOR APPEAL Applicant: Patrick Norman, NCDOT Division 8 File Number: SAW-2015-01268 Date: December 10, 2021 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 7 PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION Additional Corps I - The following identifies your rights and options regarding an administrative information may be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx appeal of the above decision. or regulations at 33 CFR Part 331. A: • • INITIAL PROFFERED PERMIT: You may accept ACCEPT: If you received a Standard Permit, you may sign authorization. If you received a Letter of Permission (LOP), or object to the permit. the permit document and return you may accept the LOP and your you accept the permit in its entirety, determinations associated it to the district engineer for final work is authorized. Your signature and waive all rights to appeal the with the permit. therein, you may request that the to the district engineer. Your or you will forfeit your right to appeal and may: (a) modify the or (c) not modify the permit objections, the district engineer on the Standard Permit or acceptance of the LOP means that permit, including its terms and conditions, and approved jurisdictional OBJECT: If you object to the permit (Standard or LOP) permit be modified accordingly. You must complete Section objections must be received by the district engineer within the permit in the future. Upon receipt of your letter, the district permit to address all of your concerns, (b) modify the permit having determined that the permit should be issued as previously will send you a proffered permit for your reconsideration, because of certain terms and conditions II of this form and return the form 60 days of the date of this notice, engineer will evaluate your objections to address some of your objections, written. After evaluating your as indicated in Section B below. B: • • PROFFERED PERMIT: You may accept or appeal ACCEPT: If you received a Standard Permit, you may sign authorization. If you received a Letter of Permission (LOP), the permit the permit document and return you may accept the LOP and your you accept the permit in its entirety, determinations associated it to the district engineer for final work is authorized. Your signature and waive all rights to appeal the with the permit. terms and conditions therein, you by completing Section II of this form within 60 days of the date of on the Standard Permit or acceptance of the LOP means that permit, including its terms and conditions, and approved jurisdictional APPEAL: If you choose to decline the proffered permit may appeal the declined permit under the Corps of Engineers (Standard or LOP) because of certain Administrative Appeal Process and sending the form to the division engineer. This form must be received by the division engineer 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 provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Appeal Process by completing Section II of this form and sending the form to the division engineer. This the division engineer within 60 days of the date of this notice. approved JD or 60 days of the date of JD. Engineers Administrative form must be received by SAW-2015-01268 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. ■ 1 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: Andrew Williams 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 andrew.e.williams2(ausace.army.mil If you only have questions regarding also contact: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin the appeal process you may Officer Administrative Appeal Review 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 PHILIP.A. SHANNIN (a,USACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Andrew Williams, 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. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, FLOOR M9, Atlanta, Georgia 30303-8803 Phone: (404) 562-5136 EMAIL: PHILIP.A.SHANNIN@USACE.ARMY.MIL U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2015-01268 County: Randolph County U.S.G.S. Quad: Climax NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: City of Greensboro, Department of Water Resources Virginia Spillman, Assistant Director Address: 2602 S. Elm -Eugene Street Greensboro, North Carolina 27406 Telephone Number: 336-373-2055 Size (acres) 140 (approximately) Nearest Town Liberty Nearest Waterway Sandy Creek River Basin Cape Fear USGS HUC 03030003/03030002 Coordinates Latitude: 35.902755 Longitude: -79.649437 Location description: GREENSBORO RANDOLPH MEGASITE WATER/WASTEWATER UTILITY CORRIDOR. The site for the water and sewer utilities begins at the intersection of Bora Drive and Liberty Road and follows Liberty Road southeast to the northern portion of the GRMS. At the intersection with Julian Airport Road, the water main corridor continues along Old US 421 to the north of the GRMS site and terminates at the Old US 421, Bowman Dairy Road intersection. The force main sewer alignment corridor continues along Julian Airport Road, and proceeds southeast along US 421 to the intersection with Starmount Road. The force main corridor terminates approximately 1300 feet northwest of the Starmount Road, Herman Husband Road intersection near Liberty, North Carolina. (See attached maps). 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 law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Page 1 of 2 SAW-2015-01268 _ There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. _ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Andrew Williams at (919) 554-4884 or Andrew.E.Williams2(ausace.army.mil. C. Basis For Determination: N/A. An Approved JD has not been completed. D. Remarks: This PJD is for the Water/Wastewater Utility Corridor associated with the Greensboro Randolph Megasite and does not include other components of the project. E. Attention USDA Program Participants The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work. F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above) 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: Mr. Philip A Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 SAW-2015-01268 Atlanta, Georgia 30303-8803 AND PHILIP.A.SHANNIN@USACE.ARMY.MIL 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: Not Applicable. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. 4M (t) y� Date: 2021.12.10 Corps Regulatory Official: 16:04:53-05'00' Date: December 10, 2021 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 (via email): HDR Vickie Miller 555 Fayetteville Street, Suite 900 Raleigh, North Carolina 27601 V ickie.Miller@hdrinc. com Legend City of Greensboro Wastewater Extension City of Greensboro Water Extension Megasite Boundary 0 Feet 2,500 �s. :•ton -Sale m -gpti Guilford Occaneechi Saponi Sdtsa Burlington Greensboro • Alamante i855 High Poinl RandolpID T,: Id ,on ❑e,:. 1r- Asheboro Miles 20 F�2 AERIAL PHOTOGRAPHY MAP PROPOSED WATER MAIN AND FORCE MAIN SEWER FIGURE 2 PATH: Z:IGI SIPROJECTS1998119 CITYOFGREENSBOR019259114 GBOROM SWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIPERMIT FIG 9891181WATER SEWER GRMS PORTIONIFIG 2 WS AERIAL MAP 952218.MX0 - USER: JGARVEY - DATE: 5/25/2018 _ _ _ _ _ _ _ _ _ Legend Study Area Map Pages Megasite Boundary Guilford Occ aneec hi Saponi Sdtsa Burlington - Greensboro 40W Alamance High Point Rand olp 1154fr Ded��� Asheboro Miles 20 F�2 40 i-Ir and Chatham 8 Everett Jor d ar. Lake POTENTIAL JURISDICTIONAL FEATURES MAP PROPOSED WATER MAIN AND FORCE MAIN SEWER FIGURE 5 - OVERVIEW SHEET PATH: IICLTSMAINIGIS OATAIGISIPRGJECTS1008110 CITYOFGREENSBOR010259114 GBGRGMSWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIPERMIT FIG 0801181WATER SEWER GRMS PORTIONIFIG 5 WS JD FEATURES 052118 OVERVIEW.MXU - USER: JGARVEY - DATE: 6/442018 _ _ _ _ _ _ _ _ _ _ _ _ • Potential Non -Wetland Water (Open Water) Potential Non -Wetland Water (Perennial) Potential Non -Wetland Water (Intermittent) F�2 Liberty Rd POTENTIAL JURISDICTIONAL FEATURES MAP PROPOSED WATER MAIN AND FORCE MAIN SEWER FIGURE 5 - PAGE 1 OF 15 PATH: Z:IGI SIPROJECTS1998119 CITYOFGREENSBOR019259114 GBOROM SWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIPERMIT FIG 9891181WATER SEWER GRMS PORTIONIFIG 5 WS JD FEATURES 952118.MX0 - USER: JGARVEY - DATE: 513912018 _ _ _ _ _ _ _ _ _ _ r Potential Non -Wetland Water (Open Water) Potential Non -Wetland Water (Perennial) Potential Non -Wetland Water (Intermittent) F�2 POTENTIAL JURISDICTIONAL FEATURES MAP PROPOSED WATER MAIN AND FORCE MAIN SEWER FIGURE 5 - PAGE 2 OF 15 PATH: Z:IGI SIPROJECTS1998119 CITYOFGREENSBOR019259114 GBOROM SWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIPERMIT FIG 9891181WATER SEWER GRMS PORTIONIFIG 5 WS JD FEATURES 952118.MX0 - USER: JGARVEY - DATE: 513912018 _ _ _ _ _ _ _ _ _ _ Potential Non -Wetland Water (Open Water) Potential Non -Wetland Water (Perennial) Potential Non -Wetland Water (Intermittent) FY2 fr- 1 i POTENTIAL JURISDICTIONAL FEATURES MAP PROPOSED WATER MAIN AND FORCE MAIN SEWER FIGURE 5 - PAGE 3 OF 15 PATH: Z:IGI SIPROJECTS1998119 CITYOFGREENSBOR019259114 GBOROM SWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIPERMIT FIG 9891181WATER SEWER GRMS PORTIONIFIG 5 WS JD FEATURES 952118.MX0 - USER: JGARVEY - DATE: 513912018 _ _ _ _ _ _ _ _ _ _ LEGEND Potential Wetland Potential Non -Wetland Water (Open Water) Potential Non -Wetland Water (Perennial) Potential Non -Wetland Water (Intermittent) F�2 Upland Data Point Wetland Data Point Study Area Megasite Boundary Er«' Liberty. Rd Skyline Ave 4 rt W-D-182-3 (Isolated) Old 421 POTENTIAL JURISDICTIONAL FEATURES MAP PROPOSED WATER MAIN AND FORCE MAIN SEWER FIGURE 5 - PAGE 4 OF 15 PATH: Z:IGI SIPROJECTS1998119 CITYOFGREENSBOR019259114 GBOROM SWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIPERMIT FIG 9891181WATER SEWER GRMS PORTIONIFIG 5 WS JD FEATURES 952118.MX0 - USER: JGARVEY - DATE: 513912018 _ _ _ _ _ _ _ _ _ _ LEGEND Potential Wetland Potential Non -Wetland Water (Open Water) Potential Non -Wetland Water (Perennial) Potential Non -Wetland Water (Intermittent) Feet F�2 Upland Data Point Wetland Data Point Study Area Megasite Boundary POTENTIAL JURISDICTIONAL FEATURES MAP PROPOSED WATER MAIN AND FORCE MAIN SEWER FIGURE 5 - PAGE 5 OF 15 PATH: Z:IGI SIPROJECTS1998119 CITYOFGREENSBOR019259114 GBOROM SWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIPERMIT FIG 9891181WATER SEWER GRMS PORTIONIFIG 5 WS JD FEATURES 952118.MX0 - USER: JGARVEY - DATE: 513912018 _ _ _ _ _ _ _ _ _ _ LEGEND Potential Wetland O Potential Non -Wetland Water (Open Water) 0 Potential Non -Wetland Water (Perennial) Potential Non -Wetland Water (Intermittent) Feet 0 F�2 Upland Data Point Wetland Data Point Study Area Megasite Boundary POTENTIAL JURISDICTIONAL FEATURES MAP PROPOSED WATER MAIN AND FORCE MAIN SEWER FIGURE 5 - PAGE 6 OF 15 PATH: Z:IGI SIPROJECTS1998119 CITYOFGREENSBOR019259114 GBOROM SWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIPERMIT FIG 9891181WATER SEWER GRMS PORTIONIFIG 5 WS JD FEATURES 952118.MX0 - USER: JGARVEY - DATE: 513912018 _ _ _ _ _ _ _ _ _ _ LEGEND fA Potential Wetland Potential Non -Wetland Water (Open Water) 0 Potential Non -Wetland Water (Perennial) Potential Non -Wetland Water (Intermittent) 0 Feet 200 0 Upland Data Point Wetland Data Point Study Area Megasite Boundary .119 a it .�4S�FF ■ s F�2 POTENTIAL JURISDICTIONAL FEATURES MAP PROPOSED WATER MAIN AND FORCE MAIN SEWER FIGURE 5 - PAGE 7 OF 15 PATH: Z:IGI SIPROJECTS1998119 CITYOFGREENSBOR019259114 GBOROM SWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIPERMIT FIG 9891181WATER SEWER GRMS PORTIONIFIG 5 WS JD FEATURES 952118.MX0 - USER: JGARVEY - DATE: 513912018 _ _ _ _ _ _ _ _ _ _ LEGEND fA Potential Wetland 0 Upland Data Point Potential Non -Wetland Water (Open Water) 0 Wetland Data Point Potential Non -Wetland Water (Perennial) Study Area Potential Non -Wetland Water (Intermittent) Megasite Boundary 0 0 Feet 200 F�2 POTENTIAL JURISDICTIONAL FEATURES MAP PROPOSED WATER MAIN AND FORCE MAIN SEWER FIGURE 5 - PAGE 8 OF 15 PATH: Z:IGI SIPROJECTS1998119 CITYOFGREENSBOR019259114 GBOROM SWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIPERMIT FIG 9891181WATER SEWER GRMS PORTIONIFIG 5 WS JD FEATURES 952118.MX0 - USER: JGARVEY - DATE: 513912018 _ _ _ _ _ _ _ _ _ _ LEGEND Potential Wetland 0 Upland Data Point Potential Non -Wetland Water (Open Water) 0 Wetland Data Point Potential Non -Wetland Water (Perennial) Study Area Potential Non -Wetland Water (Intermittent) Megasite Boundary 0 Feet 200 7 F�2 POTENTIAL JURISDICTIONAL FEATURES MAP PROPOSED WATER MAIN AND FORCE MAIN SEWER FIGURE 5 - PAGE 9 OF 15 PATH: Z:IGI SIPROJECTS1998119 CITYOFGREENSBOR019259114 GBOROM SWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIPERMIT FIG 9891181WATER SEWER GRMS PORTIONIFIG 5 WS JD FEATURES 952118.MX0 - USER: JGARVEY - DATE: 513912018 _ _ _ _ _ _ _ _ _ _ LEGEND Potential Wetland Potential Non -Wetland Water (Open Water) 0 Potential Non -Wetland Water (Perennial) Potential Non -Wetland Water (Intermittent) 0 Feet i F�2 200 0 Upland Data Point Wetland Data Point Study Area Megasite Boundary goki- PATH: Z:IGI SIPROJECTS1998119 CITYOFGREENSBOR019259114 GBOROM SWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIPERMIT FIG 9891181WATER SEWER GRMS PORTIONIFIG 5 WS JD FEATURES 952118.MX0 - USER: JGARVEY - DATE: 513912018 _ _ _ _ _ _ _ _ _ _ • Ksr POTENTIAL JURISDICTIONAL FEATURES MAP PROPOSED WATER MAIN AND FORCE MAIN SEWER FIGURE 5 - PAGE 10 OF 15 Potential Non -Wetland Water (Open Water) Potential Non -Wetland Water (Perennial) Potential Non -Wetland Water (Intermittent) FY PATH: LIG! SIPROJECTS1006770_CITY0FGREENSBOR010259114_GBOROM SWATER-SEWERENVIROMAP_DOCSIMXDIGRM S_NEPAIPERMIT_FIG_0601181WATER_SEWER_GRMS_PORT1ONIFIG 5 WS JD FEATURES_052118.MXD - USER: JGARVEY - DATE: 5/30/2018 POTENTIAL JURISDICTIONAL FEATURES MAP PROPOSED WATER MAIN AND FORCE MAIN SEWER FIGURE 5 - PAGE 11 OF 15 Potential Wetland Potential Non -Wetland Water (Open Water) Potential Non -Wetland Water (Perennial) Potential Non -Wetland Water (Intermittent) Feet A F�2 Upland Data Point Wetland Data Point Study Area Megasite Boundary PATH: Z:IGI SIPROJECTS1998119 CITYOFGREENSBOR019259114 GBOROM SWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIPERMIT FIG 9891181WATER SEWER GRMS PORTIONIFIG 5 WS JD FEATURES 952118.MX0 - USER: JGARVEY - DATE: 513912018 _ _ _ _ _ _ _ _ _ _ POTENTIAL JURISDICTIONAL FEATURES MAP PROPOSED WATER MAIN AND FORCE MAIN SEWER FIGURE 5 - PAGE 12 OF 15 LEGEND A Potential Wetland 0 Upland Data Point Potential Non -Wetland Water (Open Water) 0 Wetland Data Point Potential Non -Wetland Water (Perennial) Study Area Potential Non -Wetland Water (Intermittent) Megasite Boundary I I z& 0 Feet 200 F�2 POTENTIAL JURISDICTIONAL FEATURES MAP PROPOSED WATER MAIN AND FORCE MAIN SEWER FIGURE 5 - PAGE 13 OF 15 PATH: Z:IGI SIPROJECTS1998119 CITYOFGREENSBOR019259114 GBOROM SWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIPERMIT FIG 9891181WATER SEWER GRMS PORTIONIFIG 5 WS JD FEATURES 952118.MX0 - USER: JGARVEY - DATE: 513912018 _ _ _ _ _ _ _ _ _ _ LEGEND Potential Wetland Potential Non -Wetland Water (Open Water) Potential Non -Wetland Water (Perennial) Potential Non -Wetland Water (Intermittent) Feet F�2 Upland Data Point Wetland Data Point Study Area Megasite Boundary PATH: Z:IGI SIPROJECTS1998119 CITYOFGREENSBOR019259114 GBOROM SWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIPERMIT FIG 9891181WATER SEWER GRMS PORTIONIFIG 5 WS JD FEATURES 952118.MX0 - USER: JGARVEY - DATE: 513912018 _ _ _ _ _ _ _ _ _ _ POTENTIAL JURISDICTIONAL FEATURES MAP PROPOSED WATER MAIN AND FORCE MAIN SEWER FIGURE 5 - PAGE 14 OF 15 LEGEND Potential Wetland O Upland Data Point Potential Non -Wetland Water (Open Water) 0 Wetland Data Point Potential Non -Wetland Water (Perennial) Study Area Potential Non -Wetland Water (Intermittent) Megasite Boundary Feet 0 W-A-182-5 W-A=182=2 F�2 PATH: Z:IGI SIPROJECTS1998119 CITYOFGREENSBOR019259114 GBOROM SWATER-SEWERENVIROIMAP OOCSIMXOIGRMS NEPAIPERMIT FIG 9891181WATER SEWER GRMS PORTIONIFIG 5 WS JD FEATURES 952118.MX0 - USER: JGARVEY - DATE: 513912018 _ _ _ _ _ _ _ _ _ _ Y �w •Z,'{, • POTENTIAL JURISDICTIONAL FEATURES MAP PROPOSED WATER MAIN AND FORCE MAIN SEWER FIGURE 5 - PAGE 15 OF 15 SAW-2015-01268 PROCESS AND NOTIFICATION OF ADNIINISTRATIVE APPEAL OPTIONS AND REQUEST FOR APPEAL Applicant: Virginia Spillman, City of Greensboro File Number: SAW-2015-01268 Date: December 10, 2021 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 7 PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION Additional Corps I - The following identifies your rights and options regarding an administrative information may be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx appeal of the above decision. or regulations at 33 CFR Part 331. A: • • INITIAL PROFFERED PERMIT: You may accept ACCEPT: If you received a Standard Permit, you may sign authorization. If you received a Letter of Permission (LOP), or object to the permit. the permit document and return you may accept the LOP and your you accept the permit in its entirety, determinations associated it to the district engineer for final work is authorized. Your signature and waive all rights to appeal the with the permit. therein, you may request that the to the district engineer. Your or you will forfeit your right to appeal and may: (a) modify the or (c) not modify the permit objections, the district engineer on the Standard Permit or acceptance of the LOP means that permit, including its terms and conditions, and approved jurisdictional OBJECT: If you object to the permit (Standard or LOP) permit be modified accordingly. You must complete Section objections must be received by the district engineer within the permit in the future. Upon receipt of your letter, the district permit to address all of your concerns, (b) modify the permit having determined that the permit should be issued as previously will send you a proffered permit for your reconsideration, as because of certain terms and conditions II of this form and return the form 60 days of the date of this notice, engineer will evaluate your objections to address some of your objections, written. After evaluating your indicated in Section B below. B: • • PROFFERED PERMIT: You may accept or appeal ACCEPT: If you received a Standard Permit, you may sign authorization. If you received a Letter of Permission (LOP), on the Standard Permit or acceptance of the LOP means that permit, including its terms and conditions, and approved jurisdictional APPEAL: If you choose to decline the proffered permit may appeal the declined permit under the Corps of Engineers the permit the permit document and return you may accept the LOP and your you accept the permit in its entirety, determinations associated it to the district engineer for final work is authorized. Your signature and waive all rights to appeal the with the permit. terms and conditions therein, you by completing Section II of this form within 60 days of the date of (Standard or LOP) because of certain Administrative Appeal Process and sending the form to the division engineer. This form must be received by the division engineer 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 provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Appeal Process by completing Section II of this form and sending the form to the division engineer. This the division engineer within 60 days of the date of this notice. approved JD or 60 days of the date of JD. Engineers Administrative form must be received by SAW-2015-01268 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. ■ 1 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: Andrew Williams 3331 Heritiage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 andrew.e.williams2(ausace.army.mil If you only have questions regarding also contact: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin the appeal process you may Officer Administrative Appeal Review 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 PHILIP.A. SHANNIN (a,USACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Andrew Williams, 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. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, FLOOR M9, Atlanta, Georgia 30303-8803 Phone: (404) 562-5136 EMAIL: PHILIP.A.SHANNIN@USACE.ARMY.MIL