HomeMy WebLinkAbout20191416 Ver 1_USACE Jurisdictional Determination_20191127PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD:
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Michael Brame, Pilot Environmental, Inc.
Post Office Box 128, Kernersville, North Carolina 27285
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
SAW-2019-01252 (Rogers Springs / Shugart Homes / Rogers road / Graham / Alamance County / residential)
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The site is located east of Rogers Road, NC.
The site contains wooded land and fields. 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: Alamance City: Graham
Center coordinates of site (lat/long in degree decimal format): Lat.: 36.025837' Long.:-79.406239'
Universal Transverse Mercator: WGS 84
Name of nearest waterbody: Little Alamance Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): July 9, 2019
TABLE OF AQUATIC RESOURCES INREVIEWAREA 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
a licable
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
SA
36.0237700
-79.4063570
1,400 linear feet
Perennial Stream
Section 404
SAA
36.0243230
-79.4072090
100 linear feet
Perennial Stream
Section 404
SAB
36.0230200
-79.4047520
100 linear feet
Perennial Stream
Section 404
SB
36.0205630
-79.4036740
700 linear feet
Perennial Stream
Section 404
SC
36.0289120
-79.4088910
150 linear feet
Perennial Stream
Section 404
SCA
36.0289360
-79.4087290
75 linear feet
Perennial Stream
Section 404
SCB
36.0289920
-79.4087060
50 linear feet
Perennial Stream
Section 404
SC2
36.0281280
-79.4090900
225 linear feet
Perennial Stream
Section 404
SD
36.0285190
-79.4052690
3,900 linear feet
Perennial Stream
Section 404
WA 1-12
36.0239850
-79.4039230
0.5 Acres
Wetland - PFO
Section 404
WA 13-44
36.0232920
-79.4056440
0.55 Acres
Wetland - PFO
Section 404
WB 1-10
36.0214820
-79.4032680
0.17 Acres
Wetland - PFO
Section 404
WC 1-4
36.0287620
-79.4088370
0.01 Acres
Wetland - PFO
Section 404
WC 5-7
36.0288660
-79.4090170
0.015 Acres
Wetland - PFO
Section 404
WC
36.0284950
-79.4089060
0.04 Acres
Wetland - PFO
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:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Aerial, soils, and topo maps (PEI)
® 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
❑ 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:
® Other information (please specify): LiDAR (NC Flodmaps)
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
rintorminatinnc
A , Date: 2019.1 1.27
10:56:26-05'00'
Signature and date of Regulatory
staff member completing PJD
114.1 -7 A October 30, 2019
Signature and date of person
requesting PJD (REQUIRED,
unless obtaining the signature
is impracticable)'
1 Districts may establish timetrames 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.
THE LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE PRELIMINARY AND APPROXIMATE. THEY HAVE NOT BEEN VERIFIED BY THE
USACE AND/OR THE NCDEQ-DWR. THEY HAVE NOT BEEN SURVEYED OR GEOLOCATED.
.iF �■
Drawing 5 :' ;.r �'., Wetland Map
Aerial Imagery from ESRI at, Approximate 106 Acre Tract
and Pilot Field Notes Rogers Road
Ok
Scale: 1" = 500' P1 T, Graham, Alamance County, NC
Date:7.10.19 PI L 0i [M1VIRDNMEKfAI INC Pilot Project3815
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THE LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE PRELIMINARY AND APPROXIMATE. THEY HAVE NOT BEEN VERIFIED BY THE
USACE AND/OR THE NCDEQ-DWR. THEY HAVE NOT BEEN SURVEYED OR GEOLOCATED.
Drawing 5.1 �� ' ` Wetland Map
Aerial Imagery from ESRI - ti Approximate 106 Acre Tract
and Pilot Field Notes Rogers Road
Scale: 1" = 100' PILOGraham, Alamance County, NC
Date:7.10.19 f Pi,ar ENVIRONMENTAE.INC Pilot Project3815
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THE LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE APPROXIMATE. THEY WERE VERIFIED BY MR. DAVID BAILEY WITH THE USACE
AND MS. SUE HOMEWOOD WITH THE NCDEQ-DWR ON JULY 10, 2019. THEY HAVE NOT BEEN SURVEYED OR GEOLOCATED.
Drawing 5.2 } , Wetland Map (Add -on)
Aerial Imagery from ESRI �. t y� ' �, Approximate 106 Acre Tract
and Pilot Field Notes - - = Rogers Road
Scale: 1" = 100' PIL01 Graham, Alamance County, NC
Date:10.7.19 PILOT ENVIRONMENTAL.INC Pilot Project3815.2