20230959 Ver 1_SAW-2022-01393 NCDOT Bridge 20 Creeksville Rd_Northampton PJD_20230705

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-01393 County: Northampton County
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Property Owner/Applicant: NCDOT Division 1
Paul Williams
Address: 113 Airport Drive
Edenton, NC, 27932
Telephone Number: [phone]
Size (acres) 4_6 Nearest Town Jackson
Nearest Waterway Potecasi Creek River Basin Albemarle-Chowan
USGS HUC 03010204 Coordinates Latitude: 36.3921; Longitude:-77.309
Location description: The project area is located on Creeksville Road approximately 0.35 miles west of the intersection of
Jenkins Mill Road near the town of Jackson in Northampton County, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
X There appear to be waters, including wetlands, on the above described property, that may be subject to Section 404 of the Clean
Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation 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 activity on the site as if they are jurisdictional waters of the U.S. This preliminary
determination is not an appealable action under the Regulatory 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 appear to be waters, including wetlands, on the above described property, that may be subject to Section 404 of the Clean
Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation 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 activity on the site as if they are jurisdictional waters of the U.S. This preliminary
determination is not an appealable action under the Regulatory 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 appear to be waters, including wetlands, on the above described property, that may be subject to Section 404 of the Clean
Water Act (CWA)(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 over all 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., including wetlands, 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 (CWA)(33 USC §
Page 1 of 2

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 property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (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.
_ We recommend you have the waters of the U.S., including wetlands, 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 property 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, unless there is a change in law or our published regulations, may be relied upon for a period not to exceed
five years from the date of this notification.
_ 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 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 property which are subject to the permit
requirements of Section 404 of the Clean Water Act (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.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] 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 Kyle Barnes at [phone] or
Kyle.W.Barnes(a,usace.army.mil.
C. Basis For Determination: N/A. An Approved JD has not been completed.
D. Remarks:
E. 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
AND
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.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. 2023.01.26 16:51:36
Corps Regulatory Official: (`-05'00'
Date of ID: January 26, 2023 Expiration Date: N/A
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
https://re ug latory.ops.usace.army.mil/customer-service-survey_

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: January 26, 2023
B. NAME AND ADDRESS OF PERSON REQUESTING PJD:
NC Department of Transportation — Division 1: Paul Williams, 113 Airport Drive, Suite 100, Edenton,
NC 27932
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: SAW-2022-01393 NCDOT Bridge
20 Creeksville Rd Northampton
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:). The North Carolina
Department of Transportation (NCDOT) proposes to replace bridge #650020 on SR 1504 (Creeksville
Road) over Potecasi Creek in Northampton County (WBS No. 13P1.R010.1). The project study area is
located on SR 1504 (Creeksville Rd) approximately 0.3 mile west of the intersection of SR 1510 Jenkins
Mill Rd), southwest of Conway, NC.(USE THE TABLE BELOW TO DOCUMENT
MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT
DIFFERENT SITES)
State: North Carolina County/parish/borough: Northampton County City: Conway
Center coordinates of site (lat/long in degree decimal format): Lat.: 36.3921°N, 77.30901W
Universal Transverse Mercator: Zone 18S 4029926 292912
Name of nearest waterbody: Potecasi Creek
F. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date: Field
Q Determination. Date(s): 2/24/2022

TABLE OF AQUATIC RESOURCES INREVIEWAREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Type of
Estimated amount
aquatic
Geographic authority to
Latitude
Longitude
of aquatic resources
resources
which the aquatic
Site Number
(decimal
(decimal
in review area
(i.e., wetland
resource "may be"
degrees)
degrees)
(acreage and linear
vs. non-
subject (i.e., Section
feet, if applicable
wetland
404 or Section 10/404)
waters
Potecasi Creek
36.3920
-77.3089
200
Non -wetland
Section 404
Pond PA
36.3919
-77.3101
0.02
Non -wetland
Section 404
Wetland WA
36.3923
-77.3083
1.9
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 (NWT) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non -reporting NAT 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 NWT 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 fmds
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 2- PJD 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: 1:24,000 Galatia, NC Quadrangle
❑ Natural Resources Conservation Service Soil Survey. Citation:
❑ 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): NC QneMap, 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.
/ &Atk- 2023.01.26
Aja 16:52:05-05'00'
Signature and date of Regulatory staff
member completing PJD
DocuSigned by:
7�ac.� dr/.vn.2 08/17/2022
7C79B9D2941F47E...
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.

Waters —Name ardin_CodeI HGM GEdeI Meas_TypeI Amount Units I Water�Lati
Potecasi Creek NORTH CAROLINA R3 RIVERINE Linear 200 FOOT RPW 36.39200000-77.30890000 Potecasi Creek
Pond PA NORTH CAROLINA L1 DEPRESS Area 0.02 ACRE RPW 36.39190000-77.31010000 Potecasi Creek
Wetland WA NORTH CAROLINA PFO RIVERINE Area 1.9 ACRE RPWWD 36.39230000-77.30830000 Potecasi Creek

Potential Jurisdictional Features Characteristics
Table 1. Streams in the study area
Bank
Bankfull
Stream
Map ID
Classification
Length (ft.)
Height
width
Depth
Name
(in)
ft
ft
Potecasi
Potecasi
Creek
Creek
Perennial
200
3
60
24
Table 2. Surface waters in the study area
Area (ac) in Study
Surface Water
Map ID of Connection
Area
Pond PA
N/A
0.02
Table 3. Wetlands in the study area
NCWAM
NCWAM
Hydrologic
Area
Map ID
Forested
Classification
Rating
Classification
ac.
WA
Riverine Swamp Forest
High
Yes
Riparian
1.9