HomeMy WebLinkAbout20221692 Ver 1_USACE Jurisdictional Determination_20230313PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 3/13/2023
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: David Brame, Pilot Environmental, Inc.
Post Office Box 128, Kernersville, North Carolina 27285
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Beckett Townes subdivision /
4321 Johnson Street / High Point, SAW-2022-01124
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The site is located at 4414 Johnson St
in High Point, NC. Several buildings and fields are located on the eastern portion of the site. The remainder of
the site contains wooded land. The site is proposed for residential development.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: North Carolina County/parish/borough: Guilford County City: High Point
Center coordinates of site (lat/long in degree decimal format): Lat.: 36.039393° Long.: -80.022643°
Universal Transverse
Mercator: WGS 84
Name of nearest waterbody: UT to West Fork Deep River (Oak Hollow Reservoir)
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
13 Office (Desk) Determination. Date: 8/8/2022
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES INREVIEW 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)
WA 1-13
36.041533°
-80.021017°
0.203 acres
Wetland
404
WB 1-17
36.041481°
-80.023425°
0.366 acres
Wetland
404
WC 1-12
36.039606°
-80.023839°
0.174 acres
Wetland
404
WD 1-32
36.038784°
-80.024645°
1.037 acres
Wetland
404
WE 1-21
36.037982°
-80.022042°
0.597 acres
Wetland
404
WF 1-28
36.037038°
-80.020640°
2.275 acres
Wetland
404
SA
36.041402°
-80.022944°
135 linear feet
Non -wetland
404
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)
SB1
36.041678°
-80.023355°
5 linear feet
Non -wetland
404
SB2
36.040580°
-80.023615°
855 linear feet
Non -wetland
404
SC
36.037464°
-80.021353°
395 linear feet
Non -wetland
404
SD
36.036516°
-80.021347°
490 linear feet
Non -wetland
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: Aerial, soils, and topo maps (Pilot Environmental Inc.)
® 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: Drawing 1
® Natural Resources Conservation Service Soil Survey. Citation: Drawings 2 & 2A
® National wetlands inventory map(s). Cite name: Drawing 3
E State/local wetland inventory map(s):
FEMA/FIRM maps: Drawing 4
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): Drawing 5
or ❑Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
FR Other information (please specify): QL2 LiDAR (NC SDD website)
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.
Date: 2023.03.13
11:35:33 -04'00'
Signature and date of Regulatory
staff member completing PJD
Aid„,/7 _ May 17, 2022
Signature and date of person
requesting PJD (REQUIRED,
unless obtaining the signature
is impracticable)1
1 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.
855 LF
WD 1-32
,, Am 1.037 Ac.
SB1
5 LF
WB 1-17
0.366 Ac.
LEGEND
Site Boundary
Intermittent Stream
Perennial Stream
411 Wetland
SA 1-5 Flag Number/Feature ID
Data Point
■ Culvert
DP-1 0
WC 1-12
0.174 Ac.
SA
135 LF
WE 1-21
0.597 Ac.
SD
490 LF
WA 1-13
0.203 Ac.
SC
395 LF
WF 1-28
2.275 Ac.
THE LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE PRELIMINARY. THEY HAVE NOT
BEEN VERIFIED BY THE USACE AND ARE SUBJECT TO CHANGE. THIS MAP INCLUDES GPS
LOCATIONS OF DELINEATED FEATURES.
Drawing 5
Aerial Imagery from ESRI
and Pilot GPS Data
Scale: 1" = 300'
Date: 2.26.21
PILOT"" i
P I LOT ENIIRONMETALINC
Wetland Map
Johnson Street
Approximate 44.5-Acre Tract
High Point, Guilford County, NC
Pilot Project 6573