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HomeMy WebLinkAbout20190614 Ver 1_USACE Jurisdictional Determination_20191028Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 10/25/2019 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Applicant: Mr. Bob Lewis Cameron General Contractors 7101 S. 82nd Street Lincoln, NE 68516 Consultant: Ms. Mary Murray Terracon Consultants, Inc. 2701 Westport Road Charlotte, NC 28206 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: SAW-2018-01939 (The Pilot at Sedgefield / Senior Living Facility / 5300 High Point Road / Tract 4 / Greensboro / Guilford County / residential) D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project is located at 5300 High Point Road in Greensboro, NC on the southeastern portion of the parcel. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: North Carolina County/parish/borough: Guildford City: Greensboro Center coordinates of site (lat/long in degree decimal format): Lat.: 36.0203970 Long.:-79.883408' Universal Transverse Mercator: NAD 83 Name of nearest waterbody: Reddick's Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): 10/2/2018 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. ��a....u.�.. u........ . yr. — c..q...ua.., vcvy. u,....., —...... y — of aquatic resource resource (i.e., which the aquatic in review area wetland vs. non- resource "may be" Site Number Latitude Longitude (acreage and linear wetland waters) subject (i.e., Section 404 feet, if applicaple) or Section 10/404) Stream 1 36.020911 -79.88344 1,329 linear feet Non -wetland waters Section 404 Stream 2 36.021510 -79.882239 335 linear feet Non -wetland waters Section 404 Wetland A 36.020335 -79.883206 0.04 acres Wetland Section 404 Linear Wetland 36.020408 -79.883212 0.03 acres 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 (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: A-1 Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Terracon Consultants Map: Depiction of Aquatic Resources n 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: d USGS NHD data. USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: Natural Resources Conservation Service Soil Survey. Citation: SSURGO Soil Data: Enon National wetlands inventory map(s). Cite name: USFWS NWI 1994 State/local wetland inventory map(s): FEMA/FIRM maps: _ ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ice' Photographs: I§� Aeriai (Name & Date): 'Cooglc al th Pro Or ❑■ Other (Name & Date): Photos provided by Terracon dated 8/7/18 ❑ Previous determination(s). File no. and date of response letter: x❑ Other information (please specify): LiDAR (NC Floodmaps) 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. 10/25/2019 Signature and date of Regulatory staff member completing PJD "Wa". '/,- '?-n un/t4-w, 1�1,, Signature end 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. PM: MCM 71187811 Project No. Depiction of Aquatic Resources EXHIBIT NO. N Drawn By: Scale: Irerracon TPD Aashown 5300 High Point Road, Tract 4 W E Checked By: File Path: Consulting Engineers & Scientists 0 100 200 400 JAR Greensboro, Guilford County, North Carolina S Feet Approved By: Date: 2701 Wesport Road Charlotte, NC 28216 JAR Dec. 2018 phone: 704.509.1777 Fax: 704.509.1888