HomeMy WebLinkAbout20220203_PJDU.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-01293 County: Robeson County U.S.G.S. Quad: Parkton
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant:
Address:
Telephone Number:
E-mail Address:
Autry Grading Inc
5124 US-301
Hone Mills. NC, 28348
(910)612-3100
www.autrygrading.com
Size (acres) 11 acres
Nearest Waterway Big Swamp
USGS HUC 03030004
FEB 0 3 2022
Nearest Town Parkton, NC
River Basin Cape Fear
Coordinates Latitude: 34.940422
Longitude:-79.027767
Location description: This project is located on Davis Brid a Road in Parkton Robeson County NC
(Parcel ID: 949312288400)
Indicate Which of the Following Apply:
A. Preliminary Determination
X
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 activitv on the site as if they are
turisdictional waters of the U.S. This preliminary determination is not an appealable action under the Re ulatory
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 (C WA)(33
USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the
permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective
presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently
accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your
property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to
obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (C WA)(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-2021-01293
_ 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 Gary Beecher at (910) 251-4694 or
Gary.H.Beecher ib.usace.army.mil.
C. Basis For Determination: Based on the review there may be potential wetlands and Jurisdictional non -wetland
waters on the 11 acre proiect site.
D. Remarks: A desk ton review was performed on this application using Corps generated Lidar Maps and information
obtained from the Consultant (ECS Southeast).
F. 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
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 N/A.
sAw-2021-01293
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. Digitally signed by Gary H. Beecher
Corps Regulatory Official: Gary H . Beecher Date: 2021.11.02 10:57:49-04'00'
Date: November 2.2021 Expiration Date: PJD does not expire
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/Pp=136.4.0.
Copy Furnished via e-mail to:
Consultant:
Jonathan Grubb
ECS Southeast
(910) 686-9114
igrubbQ)ecslim ited.com
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 6/8/2021 Corps reviewed and completed on November 1, 2021
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: ECS, Jonathan Grubb, 7614 Netherlands Drive,
Wilmington, NC 28405
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, 805 Oyster Landing, ECS:
49:13685 Corps project number: SAW-2021-01293
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION Davis Bridge Road, Parkton, Robeson
County NC
(USE THE TART,F, BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: North Carolina County: Robeson City: Parkton
Center coordinates of site (lat/long in degree decimal format): Latitude: 34.940422 Longitude:-79.027767
Universal Transverse Mercator: 18
Name of nearest waterbody: Cape Fear River
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑x Office (Desk) Determination. Date: November 2, 2021
❑ Field Determination. Date(s): April 141h
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site Number
Latitude (decimal
degrees)
Longitude (decimal
degrees)
Estimated amount of
aquatic resources in
review area (acreage
and linear feet, if
applicable
Type of aquatic
resources (i.e.,
wetland vs. non-
wetland waters)
Geographic authority to
which the aquatic resource
"may be" subject (i.e.,
Section 404 or Section
10/404)
W1
34.940437
-79.027006
10 Acres
Wetland
404
T1
34.940292
-79.025854
1,357 Linear Feet
Non -Wetland
404
a
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: ECS Figures 1-6
® 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: Figure 2 Robeson County
® Natural Resources Conservation Service Soil Survey. Citation: Figure 3 Robeson County
® National wetlands inventory map(s). Cite name: Figure 4
❑ State/local wetland inventory map(s):
® FEMA/FIRM maps: Figure 5
❑ 100-year Floodplain Elevation is:
(National Geodetic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): Figure 6
or ®Other (Name & Date): ECS Photolog_
❑ Previous determination(s). File no. and date of response letter:
0 Other information (please specify): USACE Corps QL2 Lidar Map
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.
Digitally signed by Gary H.
Gary H. Beecher Beecher
Date: 2021.11.021057:22-04'00'
Signature and date of Regulatory
staff member completing PJD
DATE
6/08/2021
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable) 1
I Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the
established time frame. the district may presume concurrence and no additional follow up is necessary prior to finalizing an
action.
Legend N
Robeson Project Study Area
Client:
L ow 1.
King Rd
R--kfi!,h Rri V, Autry Grading Inc
Project:
DAMS BRIDGE ROAD
ROBESON COUNTY
NORTH CAROLINA
Title
SITE
LOCATION MAP
1 in = 1 mile
ROBESON COUNTY
yr
Parkton Drawn By: Checked By:
V-4
JDG JDG
Approved By: Date:
WBF 04122/2021
I I ECS Project No.
49:13685
Lumber Bridge
FIGURE 1
Legend
ORobeson Project Study Area
Potential Tributary
Potential Wetland
Potential Welland 1
Approx. 10 Acres
Potential Tributary 1
Approx. 1,357
Linear Feet
Autry Grading Inc
DAVIS BRIDGE ROAD
ROBESON COUNTY
iwm.' I NORTH CAROLINA
Potential Wetlands and
Waters of the U.S. Map
L 1. JURISDICTIONAL WATERS
OF THE US WERE DELINEATED
w.,.r BY ECS ON APRIL 14.2021
..
2. FEATURES DEPICTED ON
3M THIS MAP HAVE NOT BEEN
VERIFIED BY THE USACE.
3. THIS MAP SHOULD ONLY BE
USED FOR PRELIMINARY
PLANNING PURPOSES.
y Drawn By: Checked By:
JDG WBF
Approved By: Date:
WBF 04/21/2021
ECS Project No,
49:13686
150 300 600 FIGURE 6 '
********************************************************************************
----Lateral Effect Program Summary ----
Application of Skaggs Method
Copyright 2006-2014. Brian D Phillips, R Wayne Skaggs, G M Chescheir
North Carolina State University Dept of Biological & Agricultural Engineering
Version: 2.8.1.0
Project Run Date and Time: 5/19/2021 10:06:56 AM
Output Filename: C:\LateralEffect\outputs\Lateral_Effect_Summary.txt
********************************************************************************
Project Information
Project : Parkton Borrow Pit
User: Daniel Anderson
Company / Agency: Anderson Engineering
Department:
Project Location: Davis Bridge Rd
Project Coordinates: 34.9404,-79.0282
Soil ID: Field Tested
Notes:
Site Parameters
State: North Carolina
County / Parish: Robeson
Surface Storage: 1_inch_(2.5_cm)
Ditch Depth or Depth to Water Surface: 1 ft
Depth to Restrictive Layer: 3 ft
Drainable Porosity: 0.04
Hydroperiod: 14 days
User defined T25 or Default T25: DEFAULT
T25 value: 12.4 days
User Conductivity or Soil Survey Conductivity: USER
Weighted Hydraulic Conductivity: 15.5608 in/hr
Hydraulic Conductivity Data by Layer
Bottom Depth in Conductivity in/hr
Layer 1 35 16
Layer 2 36 •19 Layer 3 0 0 FEB 0 3 1011
Layer 4 0 0
Layer 5 0 0
Layer 6 0 0
Layer 7 0 0
Layer 8 0 0
----------------------------------------------
Lateral Effect: 43.0 ft