20230309_ADI_Received-PJD

vARELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD:#CURRENT DATE TRADITIONAL#
B. NAME AND ADDRESS OF PERSON REQUESTING PJD:Adam Carter,Wetland Solutions, LLC PO Box 244
Bunnlevel,NC 28323
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington,#FOLDER_NAME#,
#FOLDER_DA_NUMBER#
PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Tick Bite Road
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State:NC County/parish/borough: Lenoir City: Griffon
Center coordinates of site (lat/long in degree decimal format): Lat.: 35.345967'Long.: -77.4314300
Universal Transverse Mercator: 17N
RECEIVED
HUC:Neuse/Contentnea Creek: 0302020307
Name of nearest waterbody:Neuse River(Class:C;NSW) MAR 0 9 1013
D. REVIEW PERFORMED FOR SITE EVALUATION(CHECK ALL THAT Az ` 14UALITY
`':ROGRANi
❑ Office (Desk) Determination. Date:
[_] Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH"MAYBE"SUBJECT TO REGULATORY
JURISDICTION.
Site Latitude(decimal Longitude Estimated amount of Type of aquatic Geographic authority to
Number degrees) (decimal degrees) aquatic resources in resources(i.e., which the aquatic resource
review area(acreage wetland vs.non- "may be"subject(i.e.,
and linear feet, if wetland waters) Section 404 or Section
applicable 10/404
W 1 35.344232 -77.431400 5.82 acres Wetland Section 404
W2 35.345354 -77.439595 0.51 acre Wetland Section 404
W3 35.348125 -77.418447 14.06 acres Wetland Section 404
Total 20.39 acres

J
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit(NWP) or other general permit verification requiring "pre-construction
notification" (PCN), or requests verification for a non-reporting NWP or other general permit,
and the permit applicant has not requested an AJD for the activity, the permit applicant is
hereby made aware that: (1)the permit applicant has elected to seek a permit authorization
based on a PJD,which does not make an official determination of jurisdictional aquatic
resources; (2)the applicant has the option to request an AJD before accepting the terms and
conditions of the permit authorization, and that basing a permit authorization on an AJD could
possibly result in less compensatory mitigation being required or different special conditions;
(3)the applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can accept
a permit authorization and thereby agree to comply with all the terms and conditions of that
permit, including whatever mitigation requirements the Corps has determined to be necessary;
(5) undertaking any activity in reliance upon the subject permit authorization without
requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a
permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in
reliance on any form of Corps permit authorization based on a PJD constitutes agreement that
all aquatic resources in the review area affected in any way by that activity will be treated as
jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial
compliance or enforcement action, or in any administrative appeal or in any Federal court;
and (7)whether the applicant elects to use either an AJD or a PJD,the JD will be processed
as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and
conditions contained therein), or individual permit denial can be administratively appealed
pursuant to 33 C.F.R. Part 331. If,during an administrative appeal, it becomes appropriate to
make an official determination whether geographic jurisdiction exists over aquatic resources
in the review area, or to provide an official delineation of jurisdictional aquatic resources in
the review area,the Corps will provide an AJD to accomplish that result, as soon as is
practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be"
navigable waters of the U.S.on the subject review area, and identifies all aquatic features in
the review area that could be affected by the proposed activity, based on the following
information:

SUPPORTING DATA. Data reviewed for PJD(check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
❑Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:
®Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑Office concurs with data sheets/delineation report.
❑Office does not concur with data sheets/delineation report. Rationale:
❑Data sheets prepared by the Corps:
❑Corps navigable waters'study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑USGS NHD data.
❑USGS 8 and 12 digit HUC maps.
®U.S.Geological Survey map(s).Cite scale&quad name: 24K; Grifton Quad
®Natural Resources Conservation Service Soil Survey. Citation: SSURGO 20220912
®National wetlands inventory map(s). Cite name:USFWS 20221006
❑State/local wetland inventory map(s):
®FEMA/FIRM maps: FIRM Panels: 3720456800 & 3720457800
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
®Photographs: ®Aerial (Name & Date): Vivid Standard US24 22Q4-4/22/2021
or❑Other(Name&Date):
❑ Previous determination(s). File no. and date of response letter:
❑Other information(please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later jurisdictional
determinations.
Signature and date of Regulatory Signature and date of person
staff member completing PJD requesting PJD(REQUIRED,
unless obtaining the signature
is impracticable)'
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.

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Q Tick-Bite-Parcels - 1,219 acres Delineation Flags
Prelim sec 404 Wetlands - 20.39 acres • Bl - B33
Upland Ditch • D1 - D10
Q Project-Area - 139.18 acres o F1 - F53
• K1 - K50
® Ditch tie in
N
Project Name: Tick Bite Mine
Location: Tick Bite` Road, Lenoir County, NC �� Figure: 2
P.O.Box 244 0 500 1,000 1,500 2,000 2,500 Feet 27 Feb 2023
Bunnlevel,NC 28323 1 1 1 1 1 1