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HomeMy WebLinkAbout20221175 Ver 1_BP7.R021_Draft_PJD_Package_08092022_20220831STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Roy COOPER GOVERNOR August 9, 2022 U.S. Army Corps of Engineers Raleigh Regulatory Field Office ATTN: David Bailey 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 J. ERIC BOYETTE SECRETARY SUBJECT: Preliminary Jurisdictional Determination (PJD) Package for the following Natural Resources Technical Memorandum: NCDOT Project No. BP7.R021: Proposed Removal of Bridge No. 780233 on SR 1964 (Mebane Bridge Road) over the Dan River in Eden, Rockingham County, North Carolina. Mr. Bailey: The North Carolina Department of Transportation (NCDOT) proposes to remove Bridge No. 780233 on SR 1964 (Mebane Bridge Road) over the Dan River in Eden, Rockingham County, North Carolina (Appendix A, Figure 1). Relocation of a utility line currently on the existing bridge is also proposed as part of this project. Below and attached are a brief description of the project, figures depicting all features, and appropriate forms. Three Oaks Engineering, Inc. (Three Oaks) staff members Byron Levan (MS) and Trevor Hall conducted the site investigation within the study area on January 28, 2022. Three potential jurisdictional streams were identified within the study area (Table 1; Appendix A, Figures 2-4). No potential jurisdictional open waters, non -stream surface waters (e.g., tributaries), or wetlands were identified during this site investigation. This project is located in the Roanoke River Basin (United States Geological Survey [USGS] Hydrologic Unit Code [HUC] 03010103). North Carolina Division of Water Resources (NCDWR) Stream Identification forms were completed for streams where jurisdictionality was in question. North Carolina Stream Assessment Method (NCSAM) forms were not completed for any streams since none possessed characteristics conducive to them receiving lower mitigation ratios and/or functional rating values. Since no potential wetlands were identified, a United States Army Corps of Engineers (USACE) Wetland Determination form was completed to provide data representative of the lowest -lying upland areas within the project study area. A USACE ORM Data Entry form, USACE Jurisdictional Determination Request form, USACE PJD form, and a USACE Waters Upload Spreadsheet (January 30, 2022 version) are also included with this submittal (Appendix C), along with landscape photographs of the site (Appendix D). LOCATION. NC DEPARTMENT OF TRANSPORTATION HIGHWAY DIVISION 7 1584 YANCEYVILLE STREET GREENSBORO, NC 27415 Telephone: (336) 487-0000 Customer Service: 1-877-368-4968 Website: www.ncdot.gov MAILING ADDRESS PO BOX 14996 GREENSBORO, NC 27415-4996 Please see the following PJD Package: Table 1. Potential jurisdictional streams in the study area Stream NCDWRBest Usage NCSAM Name Map ID Index Classification Classification Rating' Length Number Dan River Dan River 22-(39) C Perennial * 254 Unnamed Tributary SA 22-(39) C Perennial * 700 (UT) to Dan River UT to Dan SB 22-(39) C Intermittent * 41 River Total 995 ' — NCSAM forms were not completed for streams possessing qualities conducive to them receiving moderate or higher mitigation ratios and/or functional rating values. These features are represented by an asterisk (*). If you have any questions, require additional information, or would like to schedule a site visit, please contact me by phone at (336) 256-2063 or email at japarker3@ncdot.gov. Alternatively, you may also contact James Mason at Three Oaks by phone at (704) 604-8358 or email at james.mason(2threeoaksen ing eering com. This is a request for concurrence with our assessment. We appreciate your assistance on this project. Sincerely, Jerry Parker North Carolina Department of Transportation Division 7 Environmental Supervisor Cc: Ryan Conchilla Appendix A Figures - IrIq r tO Sources::Esri, HERE,-Garmin� .11 ) USGS, Intermap, INCREIVIENTP, 04�I ff1h NRCan, Esri Japan, METI, ESri }China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (9)*' Legend Study Area — Streets 4 IF J Al-rr K J� r t kr� A ly 14 a J AP .4 s d i5m 4� 07J, 4 x LE opt, I -47 AM* IM.?l IW' .1 q, Prepared For: OF NORTH OF I Proposed Replacement of Bridge No. 233 on Mebane Bridge Road over the Dan River BP7.RO21 Project Vicinity Map Rockingham County North Carolina Date: August 2022 Scale: o 125 250 Ft I I I Job No.: 21-026 Drawn By: By: NDH IChecked ism Figure Legend Study Area Streets Potential Nonwetland WOTUS (Stream) Culvert Intermittent Perennial L ire I w V— ; a W o' m a_ m m 4-NJ a a w Eden Loop_Rd wrl a 0 �Zq%ftal $F � OfsRo M C_ �# Copyri�013 National Geographi Society, i-cubed *%1NEERI,y� y Q y '9 S� N1833O*^> Prepared For: Proposed Replacement of Bridge No. 233 on Mebane Bridge Road over the Dan River BP7.R021 Jurisdictional Features Map over USGS Topographic Rockingham County North Carolina Date: August 2022 Scale: 0 125 250 Ft I i I Job No.: 21-026 Drawn By: Checked By: NDH JSM Figure 2 Prepared For: Proposed Replacement of Bridge No. 233 on Mebane Bridge Road over the Dan River BP7.R021 Jurisdictional Features Map over Otrhoimagery Rockingham County North Carolina Date: August 2022 Scale: 0 125 250 Ft I i I Job No.: 21-026 Drawn By: Checked By: NDH JSM Figure �C\pKERIyG. . S r Legend 1� W Study Area o Streets 2ft Contours Prepared For: Potential Nonwetland WOTUS (Stream) of KORrN Culvert Intermittent o 9� eQ Perennial SBF�T of SPA�SQO Project Elevation SA High : 665 Low : 491 Proposed Replacement of Bridge No. 233 on Mebane Bridge Road 0 over the Dan River m BP7.R021 SA O �5—_�, Jurisdictional pp G��� ` Features Dan River Map over LiDAR - — ~� , `- Dan River . Rockingham County North Carolina t} `� `�' ,� � '.� � � � f SIN ,.: . .'"' • : %. 1 �fj! ✓'' JJ I ,1, GTON Hy I HARRIN WY — - — Date: August 2022 Scale: 0 125 250 Ft Appendix B Stream and Upland Data Forms NC DWQ Stream Identification Form Version 4.11 SA Date: 01/28/2022 Project/Site: Mebane Bridge Road Latitude: 36.472819 Evaluator:Byron Levan County: Rockingham Longitude:-79.74514 Total Points: Other: Southeast Eden Stream is at least intermittent if 34.5 Stream Determination: B.Q. Quad Name: >19 or perennial if >30 Perennial A. Geomorphology (Subtotal =15 ) Abserl Weak Moderate Strong SCORE 1a. Continuous bed and bank 0 1 2 3 1 2. Sinuosity of channel along thalweg 0 1 2 3 2 3. In -Channel structure: ex. riffle -pool, step -pool, ripple- ool se uence 0 1 2 3 1 4. Particle size of stream substrate 0 1 2 3 1 5. Active/relic flood lain 0 1 2 3 2 6. Depositional bars or benches 0 1 2 3 1 7. Recent alluvial deposits 0 1 2 3 2 8. Headcuts 0 1 2 3 1 9. Grade controls 0 0.5 1 1.5 0 10. Natural valley 0 0.5 1 1.5 1 11. Second or greater order channel No = 0 Yes = 3 3 a artificial ditches are not rated; see discussions in manual. B. Hydrology (Subtotal =11 ) Absent Weak Moderate Strong SCORE 12. Presence of Baseflow 0 1 2 3 3 13. Iron oxidizing bacteria 0 1 2 3 2 14. Leaflitter 1.5 1 0.5 0 1.5 15. Sediment on plants or debris 0 0.5 1 1.5 1 16. Organic debris lines or piles 0 0.5 1 1.5 0.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 3 C. Biology Subtotal = 8.5) Absent Weak Moderate Strong SCORE 18. Fibrous roots in streambed 3 2 1 0 3 19. Rooted upland plants in streambed 3 2 1 0 3 20. Macrobenthos note diversity and abundance 0 1 2 3 1 21. Aquatic Mollusks 0 1 2 3 0 22. Fish 0 0.5 1 1.5 0 23. Crayfish 0 0.5 1 1.5 0.5 24. Amphibians 0 0.5 1 1.5 1 25. Algae 0 0.5 1 1.5 0 26. Wetland plants in streambed FACW=0.75; OBL=1.5 Other=0 0 perennial stream may also be identified using other methods. See p.35 of manual. Notes: -variety of ephemeroptera and odonota larva -Crayfish burrows and adult frogs seen on exposed banks Bank Height (feet) 8 Bankfull Width (feet) 4 Water Depth inches 2-4 Channel Substrate ebble/Sand Velocity: ast Clarity: hlear NC DWQ Stream Identification Form Version 4.11 1SIB Date: 01/28/2022 Project/Site: Mebane Bridge Road Latitude: 36.473643 Evaluator:Byron Levan County: Rockingham Longitude:-79.745087 Total Points: Southeast Eden Other: Stream is at least intermittent if � g Stream Determination: B.Q. Quad Name: >19 or perennial if >30 Intermittent A. Geomorphology (Subtotal =9 ) Absent7 Weak Moderate Strong SCORE 1a. Continuous bed and bank 0 1 2 3 1 2. Sinuosity of channel along thalweg 0 1 2 3 0 3. In -Channel structure: ex. riffle -pool, step -pool, ripple- ool se uence 0 1 2 3 1 4. Particle size of stream substrate 0 1 2 3 1 5. Active/relic flood lain 0 1 2 3 1 6. Depositional bars or benches 0 1 2 3 1 7. Recent alluvial deposits 0 1 2 3 2 8. Headcuts 0 1 2 3 1 9. Grade controls 0 0.5 1 1.5 0 10. Natural valley 0 0.5 1 1.5 1 11. Second or greater order channel No = 0 Yes = 3 0 a artificial ditches are not rated; see discussions in manual. B. Hydrology (Subtotal =6.5) Absent Weak Moderate Strong SCORE 12. Presence of Baseflow 0 1 2 3 1 13. Iron oxidizing bacteria 0 1 2 3 1 14. Leaflitter 1.5 1 0.5 0 0.5 15. Sediment on plants or debris 0 0.5 1 1.5 0.5 16. Organic debris lines or piles 0 0.5 1 1.5 0.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 3 C. Biology Subtotal = 3.5) Absent Weak Moderate Strong SCORE 18. Fibrous roots in streambed 3 2 1 0 1 19. Rooted upland plants in streambed 3 2 1 0 1 20. Macrobenthos note diversity and abundance 0 1 2 3 0 21. Aquatic Mollusks 0 1 2 3 0 22. Fish 0 0.5 1 1.5 0 23. Crayfish 0 0.5 1 1.5 0.5 24. Amphibians 0 0.5 1 1.5 1 25. Algae 0 0.5 1 1.5 0 26. Wetland plants in streambed FACW=0.75; OBL=1.5 Other=0 0 perennial stream may also be identified using other methods. See p.35 of manual. Notes: Bank Height (feet) 2 -variety of ephemeroptera and odonota larva Bankfull Width (feet) 4 -Crayfish burrows and adult frogs seen on exposed banks Water Depth inches 0-4 -lower area confluence has water, but it seeps out of a bench. Channel Substrate ebble/Sand Velocity: 5low Cl U.S. Army Corps of Engineers OMB Control #: 0710-0024, Exp:1113012024 WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT.• See ERDC/EL TR-12-9; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: NCDOT Project BP7.R021 City/County: Eden/Rockingham Sampling Date: 01/28/2022 Applicant/Owner: NCDOT State: NC Sampling Point: NEQuae_Uplane Investigator(s): Byron Levana and Trevor Hall Section, Township, Range: Eden Landform (hillside, terrace, etc.): Floodplain Local relief (concave, convex, none): Convex Slope (%): 3 Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 36.472379 Long:-79.744993 Datum: NAD 83 Soil Map Unit Name: Dan River loam, 0-2% slopes, frequently flooded NWI classification: None Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: This upland plot is located within the floodplain of Stream SA and the Dan River. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) —Surface Soil Cracks (136) —Surface Water (Al) —True Aquatic Plants (1314) —Sparsely Vegetated Concave Surface (138) _ High Water Table (A2) —Hydrogen Sulfide Odor (Cl) —Drainage Patterns (1310) —Saturation (A3) —Oxidized Rhizospheres on Living Roots (C3) —Moss Trim Lines (1316) —Water Marks (131) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) _Sediment Deposits (132) _Recent Iron Reduction in Tilled Soils (C6) _Crayfish Burrows (C8) _ Drift Deposits (133) _Thin Muck Surface (C7) —Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Other (Explain in Remarks) _Stunted or Stressed Plants (D1) —Iron Deposits (135) X Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (137) —Shallow Aquitard (D3) —Water-Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (1313) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): 0 Water Table Present? Yes No X Depth (inches): >12 Saturation Present? Yes No X Depth (inches): >12 Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: NE Quad _upland Absolute Dominant Indicator Tree Stratum (Plot size: 30' ) % Cover Species? Status Dominance Test worksheet: 1. Platanus occidentalis 30 Yes FACW Number of Dominant Species 2. Fraxinus pennsylvanica 30 Yes FACW That Are OBL, FACW, or FAC: 8 (A) 3. Acernegundo 30 Yes FAC Total Number of Dominant 4. Species Across All Strata: 10 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 80.0% (A/B; 7. Prevalence Index worksheet: 90 =Total Cover Total % Cover of: Multiply by: 50% of total cover: 45 20% of total cover: 18 OBL species x 1 = Sapling/Shrub Stratum (Plot size: 15' ) FACW species x 2 = 1. Asimina triloba 20 Yes FAC FAC species x 3 = 2. Lindera benzoin 20 Yes FAC FACU species x 4 = 3. Acernegundo 20 Yes FAC UPL species x 5 = 4. Column Totals: (A) (B 5. Prevalence Index = B/A = 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. X 2 - Dominance Test is >50% 9. 3 - Prevalence Index is !2.01 60 =Total Cover 4 - Morphological Adaptations' (Provide supportin 50% of total cover: 30 20% of total cover: 12 data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5' ) -Problematic Hydrophytic Vegetation' (Explain) 1. Allium vineale 30 Yes FACU Indicators of hydric soil and wetland hydrology must t 2. Hexastylis arifolia 15 Yes FAC present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. 4. Tree - Woody plants, excluding vines, 3 in. (7.6 cm) c 5. more in diameter at breast height (DBH), regardless o 6 height. 7. Sapling/Shrub - Woody plants, excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft 9 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 45 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 23 20% of total cover: 9 height. Woody Vine Stratum (Plot size: 30' ) 1. Lonicera japonica 30 Yes FACU 2. Smilax rotundifolia 20 Yes FAC 3. 4. 5. Hydrophytic 50 =Total Cover Vegetation 50% of total cover: 25 20% of total cover: 10 Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) SOIL Sampling Point: NE Quad _upland Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Types Loc2 Texture Remarks 0-12 10YR 5/6 100 Loamy/Clayey Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: _ Histosol (Al) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _2 cm Muck (A10) (MLRA 147) Histic Epipedon (A2) _Thin Dark Surface (S9) (MLRA 147, 148) _Coast Prairie Redox (A16) _Black Histic (A3) _Loamy Mucky Mineral (F1) (MLRA 136) (MLRA 147, 148) —Hydrogen Sulfide (A4) —Loamy Gleyed Matrix (F2) —Piedmont Floodplain Soils (F19) —Stratified Layers (A5) _ Depleted Matrix (F3) (MLRA 136, 147) _ 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) —Red Parent Material (F21) _ Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) (outside MLRA 127, 147, 148) _Thick Dark Surface (Al2) _Redox Depressions (F8) _Very Shallow Dark Surface (F22) _Sandy Mucky Mineral (S1) _Iron -Manganese Masses (F12) (LRR N, _Other (Explain in Remarks) —Sandy Gleyed Matrix (S4) MLRA 136) —Sandy Redox (S5) _ Umbric Surface (F13) (MLRA 122, 136) 3Indicators of hydrophytic vegetation and —Stripped Matrix (S6) _ Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, Dark Surface (S7) Red Parent Material (F21) (MLRA 127, 147, 148) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No X Remarks: ENG FORM 6116-4, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 Appendix C Preliminary ORM Data Sheet JD Request Form PJD Form Waters Upload Sheet Preliminary ORM Data Entry Fields for New Actions SAW — 202 2 - BEGIN DATE [Received Date]: Prepare file folder ❑ ❑ I. Project Name [PCN Form A2a]: NCDOT Project No. BP7.R021 2. Work Type: Private ❑ Institutional ❑ Government FEW Commercial ❑ 3. Project Description / Purpose [PCN Form 133d and 133e]: Proposed Removal of Bridge No. 780233 on Mebane Bridge Road over the Dan River in Eden, NC 4. Property Owner / Applicant [PCN Form A3 or A4]: NCDOT 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: James Mason- Three Oaks Eng. 6. Related Action ID Number(s) [PCN Form 135b]: 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]: 36.472249,-79.745289 8. Project Location - Tax Parcel ID [PCN Form 131a]: Multiple 9. Project Location —County [PCN Form A2b]: Rockingham 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Eden 11. Project Information — Nearest Waterbody [PCN Form 132a]: Dan River 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03010104 Authorization: Section 10 ❑ Section 404 ❑E Section 10 & 404 ❑ Regulatory Action Type: ❑Standard Permit Nationwide Permit # ❑ Regional General Permit # 0 Jurisdictional Determination Request R Pre-Application Request Unauthorized Activity 0 Compliance ❑ No Permit Required ZT410-To 9% urisdictional Determination Reauest US Army Corps of Engineers Wilmington District This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www.saw.usace.g my.mil/Missions/Re ul�atoiyPermitProgram/Contact/Coun!yLocator.aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 INSTRUCTIONS: WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page 1 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: Multiple Parcels City, State: Eden, NC 27288 County: Rockingham Parcel Index Number(s) (PIN): Multiple PIN No.'s B. REQUESTOR INFORMATION Name: Jerry Parker. Division 7 Env. Sur). Mailing Address: PO BOX 14996 Telephone Number: Electronic Mail Address Select one: Greensboro, NC 27415-4996 1-336-256-2063 japarker3@ncdot.gov I am the current property owner. I am an Authorized Agent or Environmental Consultanti Interested Buyer or Under Contract to Purchase Other, please explain. NCDOT Project C. PROPERTY OWNER INFORMATION Name: Multiple Property Owners Mailing Address: Multiple Addresses Eden, NC 27288 Telephone Number: Multiple Electronic Mail Address: Multiple 1 Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION',4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Print Name Capacity: ❑ Owner ❑ Authorized Agents Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. 0 I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ❑ I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: 3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. a If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) ZI am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. ❑ I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). ❑ I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the I I review area. ✓❑ Size of Property or Review Area 12.4 acres. ❑ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: 36.472249 Longitude:-79.745289 zA legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 1 Ix 17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 ■ North Arrow ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ■ Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) 6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. http://www.saw.usace.army.mil/Missions/Regulatoiy-Permit- Pro gram/Juri sdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request F4Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDS• please complete an Approved Jurisdictional Determination Forma W1 Vicinity Map zAerial Photograph z USGS Topographic Map Soil Survey Map zOther Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) zLandscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets ❑✓ NC Division of Water Resources Stream Identification Forms �J Other Assessment Forms ' www.saw.usace.army.mil/Portals/59/docs/regulatory/readocs/JD/RGL 08-02 App A Prelim JD_ Form_fillable.pdf s Please see http://www.saw.usace.4M.mil/Missions/Regulatory-Permit-Program/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: B. NAME AND ADDRESS OF PERSON REQUESTING PJD: .ferry Parker, PO Box 14996, Greensboro, NC 27415-4996 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: 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: Rockingham City Eden Center coordinates of site (lat/long in degree decimal format): Lat.: 36.472249 Long.:-79.745289 Universal Transverse Mercator: 17 Name of nearest waterbody: Dan River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): 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 resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (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) See Attached List 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: Vicinity Map, Topo Map, Aerial Map, LiDAR Map 0 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: 1-24,000 1977 Southeast Eden, NC ❑ Natural Resources Conservation Service Soil Survey. Citation: 1992 Rockingham County soil survey ❑ 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): NCOneMap Orthoimagery 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 staff member completing PJD Signature and date of person requesting 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. Waters_Name Dan River State Cowardin_Code NORTH CAROLINA R3UB HGM_Code RIVERINE Meas_Type Linear Amount 254 Units FOOT Waters_Type Latitude DELINEATE 36.472132 Longitude -79.745337 Local _Waterway Dan River SA NORTH CAROLINA RSUB RIVERINE Linear 700 FOOT DELINEATE 36.472819 -79.74514 Dan River SB NORTH CAROLINA R4SB RIVERINE Linear 41 FOOT DELINEATE 36.473643 -79.745087 Dan River Appendix D Site Photographs Photo 1: Confluence of Stream SA and the Dan River. Photo 2: Confluence of Streams SA and SB at a roadside culvert outlet on the east side of Mebane Bridge Road, north of the Dan River. Photo 3: Intermittent stream SB, above the culvert outlet/confluence area shown in Photo 2.