HomeMy WebLinkAbout20170626 Ver 1_17BP-10-C-1 Preliminary JD_20170522ATTACHMENT
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD):
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
NC Department of Transportation
Mr. Larry Thompson
716 West Main Street
Albemarle, NC, 28001
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
SR 1128 (McWhorter Road) over Waxhaw Creek. Pipe extension and bank stabilization
activities.
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT
DIFFERENT SITES)
State: NC County/parish/borough: Union City: Jackson (Waxhaw)
Center coordinates of site (lat/long in degree decimal format): Lat. 34.878138° N,
Long. -80.671195° W.
Universal Transverse Mercator: 17S 530013,3859648
Name of nearest waterbody: Waxhaw Creek
Identify (estimate) amount of waters in the review area:
Non-wetland waters: approximately 192 linear feet: 20 feet wide and/or
acres.
Cowardin Class: Riverine
Stream Flow: Perennial
Wetlands: 0.02 acres
Cowardin Class: Forested
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal:
Non-Tidal:
1
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY):
❑ Office (Desk) Determination. Date:
❑ Field Determination. Date(s):
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 authorization on 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: Waxhaw.
� USDA Natural Resources Conservation Service Soil Survey. Citation:NRCS
USDA — Union County Soil Survey (2014).
❑ National wetlands inventory map(s). Cite name: .
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps: .
❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of
1929)
� Photographs: � Aerial (Name & Date): .
or � Other (Name & Date):Consultant's site photographs.
❑ Previous determination(s). File no. and date of response letter:
� Other information (please specify):Information from site visit.
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified bv the Corps and should not be relied upon for later
jurisdictional determinations.
Signature and date of Signature and date of
Regulatory Project Manager person requesting preliminary JD
(REQUIRED) (REQUIRED, unless obtaining the
signature is impracticable)
SAMPLE
Estimated
Site Cowardin amount of Class of
number Latitude Longitude Class aquatic aquatic
resource in resource
review area
S1 34.878778 -80.671588 Riverine 192 Linear Feet Section 404
S4 34.878778 -80.671588 Riverine 179 Linear Feet Section 404
W 1 34.877857 -80.670894 Forested 0.09 Acres Section 404