20241341 Ver 1_JD File_20240927

PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD): February 11, 2016
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Carol Harper, PO
Box 1087, Beaufort, NC 28516
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Carol Harper Project,
SAW-2016-00202
D. PROJECT LOCATIONS) AND BACKGROUND INFORMATION:
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT
DIFFERENT SITES)
State: NC County/parish/borough: Craven City: Vanceboro
Center coordinates of site (lat/long in degree decimal format): Lat. 35.30423' Pick List, Long. _
77.19741' Pick List. Universal Transverse Mercator:
Name of nearest water body: Swift Creek
Identify (estimate) amount of waters in the review area:
Non -wetland waters: linear feet: width (ft) and/or acres.
Cowardin Class:
Stream Flow:
Wetlands:.5+/- acres.
Cowardin Class: Palustrine
Name of any water bodies on the site that have been identified as Section 10 waters:
Tidal:
Non -Tidal:
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLIES):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): February 2.2016
1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the
subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby
advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that
site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to
exercise the option to obtain an approved JD in this instance and at this time.
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 approved JD for the activity, the permit applicant is hereby made aware of the following: (1)
the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not
make an official determination of jurisdictional waters; (2) that the applicant,has the option to request an
approved JD before accepting the terms and conditions of the permit authorization, and that basing a
permit authorizationon an approved JD could possibly result in less compensatory mitigation being
required or different special conditions; (3) that 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) that

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) that undertaking any activity in reliance upon the subject permit authorization without
requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that
either form of JD will be processed as soon as is practicable;
(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 preliminary JD constitutes
agreement that all wetlands and other water bodies on the site affected in any way by that activity are
jurisdictional waters of the United States, and precludes 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 approved JD or a preliminary JD, that
JD will be processed as soon as is practicable. Further, an approved JD, 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, and that in any administrative appeal, jurisdictional issues can be
raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an
official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of
jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon
as is practicable.
This preliminary JD finds that there "may be" waters of the United States on the subject project site, and
identifies all aquatic features on the site that could be affected by the proposed activity, based on the
following information:
SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items
should be included in case file and, where checked and requested, appropriately reference sources
below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
❑ Data sheets prepared/submitted by or on behalf of the applicant/consultant.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ 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:
® USDA Natural Resources Conservation Service Soil Survey. Citation: Vanceboro
® National wetlands inventory map(s). Cite name: Vanceboro
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ❑ Aerial. (Name & Date): Goggle Earth 1993-2015.
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.
2

Digitally signed by
BEECHER.GARYBEECHERGARY.H.1052973208
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cn=BEECHERGARYN.1052973208
Dale: 2016.02.11 09:32:21-05'00'
Signature and date of
Regulatory Project Manager
(REQUIRED)
is
Signature and date of
person requesting preliminary JD
(REQUIRED, unless obtaining -the signature
Impracticable)