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HomeMy WebLinkAboutSAW-2020-01753 PJD Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: October 6, 2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Paul Farley,LMG,3805 Wrightsville Ave.,Ste.15,Wilmington,NC 28403 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Lennon Sand Mine, SAW-2020-01753 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Brunswick City: Bolivia Center coordinates of site (lat/long in degree decimal format): Lat.: 34.005590 Long.: -78.248558 Universal Transverse Mercator: 17 s 754101.54 m E 3766193.72 m N Name of nearest waterbody: LoCkwoods Folly River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑■ Office (Desk) Determination. Date: October 6, 2020 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Latitude Longitude Estimated amount Type of aquatic Geographic authority number (decimal (decimal of aquatic resource resource (i.e.,wetland to which the aquatic degrees) degrees) in review area vs. non-wetland resource "may be" (acreage and linear waters) subject (i.e., Section feet, if applicable) 404 or Section 10/404) A 34.004972 -78.252672 --0. 12 ac Wetland Section 404 B 34.003984 -78.252234 -V0.09 ac Wetland Section 404 C 34.004301 -78.251385 --0.03 ac Wetland Section 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: 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:Figure 7: Preliminary Wetland Sketch ❑■ 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: USGS Brunswick County GIS Mosaic ❑m Natural Resources Conservation Service Soil Survey. Citation: GIS Soils Data ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ❑■ Photographs: ❑■ Aerial (Name & Date): NAPP 1998, GIS World Imagery 2016 or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: 0 Other information (please specify): Lidar Image 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. by BEECHER.GARY g EICHER.GARYd.H1052973208 H.1052973208 Date:2020.10.0812:25:33 Paul Farley 04'00' Signature and date of Signature and date of Regulatory staff member person requesting PJD completing PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor 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. Cr hi --rc W, Opp FXC211 7 7 7 Project o y Ro 47L Ro e Area 121 NC21 A Ede o..k 5ou11.� - -- - _ ___ - Yk'uM laneSw�� _ - ____ _ n j (c)OpenStreetmapwd contributors,Creative Commons.mShare Alike License (CC-BY-SA) L:\WETLANDS\2020 WETLANDS FILESIMG20.110 --- N Lennon Sand Mine, Randy Hardee\maps 0 1,000 2,000 4,000 Boundaries are approximate and not meant to be absolute. Feet Map Source: GIS Open Street Map Lennon Sand Mine Brunswick County, NC Figure 1 Map Date: April 2020 Vicinity Map 3805 Wrightsville Avenue LMG20.11 0 Wilmington,NC 28403 (910)452-0001 1 1 " Project • L Area FIN .. w .� .�.•_�s''�ly r lei TWI E-sri, HERE,Garmin, (c)OpenStreetMap contributors,Source: E-sri, '{ _ -� DigitalGlobe,GeoEye,Earthstar Geographies,CNES/Airbus DS, USDA, • ;'tii -"'" USGS,AeroGRID, IGN,and the GIS User Community L:\WETLANDS\2020 WETLANDS FILES\LMG20.110 --- N Lennon Sand Mine, Randy Hardee\maps 0 150 300 600 Boundaries are approximate and not meant to be absolute. Feet Map Source: GIS 2016 World Imagery Layer Lennon Sand Mine Brunswick County, NC Figure 6 Map Date: April 2020 Current Aerial 3805 Wrightsville Avenue LMG20.110 Wilmington,NC 28403 (910)452-0001 NOTE: This is not a survey. All boundaries and distances are considered approximate. This represents a preliminary sketch prepared from field notes. A survey of delineated areas and review and approval by the U.S. Army Corps of Engineers is recommended prior to specific site planning. Note: wetland polygons have been obtained from Cliff Gardner's wetland survey. � • '� � Project .,•. . . Area xr �_ r Owl 25 -40 Ali .�Z =1 - 54 44 At 40 Legend Project Area: —11.3 ac .r Uplands: —11.1 ac (98%) Wetlands: —0.2 ac (2%) Wetland Upland Boundary E-sri, HE E,Garmin,(c)OpenStreetMap contributors,Source: Esri, n Data Point Locations DigifialGlobe,GeoEye,EarthstarGeographics,CNES/Airbus DS, USDA, USGS,AeroGRID, IGN,and the GIS User Community L:\WETLANDS\2020 WETLANDS FILES\LMG20.110 --- N Lennon Sand Mine, Randy Hardee\maps 0 150 300 600 Boundaries are approximate and not meant to be absolute. Feet Map Source: GIS 2016 World Imagery Layer Lennon Sand Mine Brunswick County, NC 4LMG Figure 7 LAND MANAGEMENT GROUP Preliminary Wetland Map Date: April 2020 a DAVEY .company Sketch 3805 Wrightsville Avenue LMG20.110 Wilmington,NC 28403 (910)452-0001