20200207 Ver 1_04a_Potts-Sloan PJD_SAW-2015-01444_20200210

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WILMINGTON DISTRICT
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JURISDICTIONALNOTIFICATION OF 1ETERMINATION
Properly Owner/Agent: Doug Wright, Town Of Davidson
Address: 216 South Main Street Davidson, North Carolina 28036
Telephone No.: 704 940 962S
Property description:
Size (acres): 44.4 acres
Nearest Town: Davidso
Nn
earest Waterway: South Prong West Branch Rocky River River Basin: Upper Catawba
Coordinates: 35.502426,-80.850772 Hydrologic Unit Code: 03050101
Mooresville
Location Description: The proposed project consists of roadway corridor improvements along a combination of Beaty St.,
Sloan St., and Potts St., in the town of Davidson, Mecklenburg County, NC
Indicate Which of the Following Apply:
A. Preliminary Determination
X Based on preliminary information, there may be waters and wetlands on the above described property. We strongly
suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be
considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). ). If you
wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction.
Also, you may provide new information for further consideration by the Corps to reevaluate the JD.
_ 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 and Section 404 of the Clean Water Act. Unless there is a change in the 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 and 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 the 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 strongly suggest you have the waters and wetlands on your property delineated. Due to the size of your property
and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a
snore timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by
the Corps.
_ The waters and 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, provided there is no change in the law or our published regulations, may be relied upon for a period not to
exceed five years.
_ The waters and 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 the 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 the 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.
1

Action Id.: SAW-2015-01444
Placement of dredged or fill material within waters %J the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact William Elliott at 828-271-7980.
C. Basis For Determination
The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the Interim
Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and Piedmont Region. These
wetlands are adjacent to stream channels located on the property that exhibit indicators of ordinary high water marks. The
stream channel on the property is an unnamed tributary to South Prong West Branch Rocky River which flows into the Upper
Catawba River.
D. Remarks: Jurisdictional "Waters of the US" have been identified on this property as depicted
by submitted Jurisdictional Request Package on file.
E. Attention USDA Program Participants
This delineation/determinationbas been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The de lineation/ determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved
jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a 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: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
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 within 60 days of the issue date below.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. * * / �,,�
Corps Regulatory Official
Issue Date: August 11, 2015
William Elliott
Expiration Date: August 10, 2020
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 the Customer Satisfaction Survey located at our website at http://pert.nwp.usace.anny.miUsurve_y.html
to complete the survey online.

CF: Chris Tinklenberg, 2000 South Boulevard Suite 440, Charlotte, NC 28203-5047
3

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION;
If you have questions regarding this decision and/or the appeal
If you only have questions regarding the appeal process you may
process you may contact:
also contact.
William Elliott, Project Manager
Mr. Jason Steele, Administrative Appeal Review Officer
USACE, Asheville Regulatory Field Office
CESAD-PDO
151 Patton Ave
U.S. Army Corps of Engineers, South Atlantic Division
RM 208
60 Forsyth Street, Room 10M15
Asheville, NC 28801
Atlanta, Georgia 3030M801
828-271-7980
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number.
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: William Elliott, 69 Darlington Avenue, Wilmington,
North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]
5

ATTACHMENT A
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
REPORT COMPLETION DATE FOR PRELIMINARY
DETERMINATION (JD): WC %/ ; 2 013
JURISDICTIONAL
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Kimley-Horn ATTN: Chris Tinklenberg on behalf of the Town of Davidson
2000 South Boulevard Suite 440; Charlotte, NC 28203-5047
C. DISTRICT OFFICE, FILE Nr97S
E, AND NUMBER:
r'_LF .) it/�§�;- // -YZOil-
D. PROJECT LOCATIONS) AND BACKGROUND INFORMATION:
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT
SITES)
State: NC County/parish/borough: Mecklenburg County
Clty: Davidson
Center coordinates of site (lat/long in degree decimal format):
Lat. 35.502426 ON; Long. -80b850772
Universal Transverse Mercator: 17
Name of nearest waterbody: Lake Norman
Identify (estimate) amount of waters in the review area:
Non -wetland waters:
1,165'
linear feet: 2-6'
Cowardin Class: Riverine
Stream Flow: Intermittent (9Z2), Perennial (S1, S3)
Wetlands: 0.03
Cowardin Class: Palustrine
acres.
width (ft) and/or
N/A
ow
acres.
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal: N/A
Non -Tidal:
N/A
0/5
1

E. REVIEW PERFORMED FOR SITE
APPLY):
Office (Desk) Determination. Date:
❑ Field Determination. Date(s):
EVALUATION (CHECK ALL THAT
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: Kimley-Horn
❑ 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.
F-1 Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
1-1 USGS NHD data
❑ USGS 8 and 12 digit HUC maps
ZU.S. Geological Survey map(s). Cite scale & quad name: Mooresville and Cornelius Quads (1:24k)
❑ USDA Natural Resources Conservation Service Soil Survey.
Citation: Mecklenburg County (1980)
National wetlands inventory map(s). Cite name:
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
FX-1
100-year Floodplain Elevation is:_
(National Geodectic Vertical
Datum of 1929)
❑✓ Photographs: F✓ Aerial (Name &Date): Mecklenburg Aerial (5/23/2014) or
Ej Other (Name & Date):
❑ Previous determination (s). File no. and date of response letter:
❑ Other information (please specify):
2

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 J D 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 J D 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.
3

This preliminary JD finds that there "maybe" 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:
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�/ r
Signature and date of
Regulatory Project Manager
(REQUIRED)
Ali
Digitally signed by
_— [e-mail]
DN: cn=[e-mail]
Date: 2015.03.12 13:48:30 -04'00'
Signature and date of
person requesting preliminary J D
(REQUIRED, unless obtaining
the signature is impracticable)
11

Estimated
Site
Latitude
Longitude
Cowardin Class
amount of
aquatic
Class aquatic
number
resource
c
resource in
review area
Sl
35.508285
-80.847237
Riverine
234 linear feet
non -section 10 —
non -tidal
S2
35.503069
-80.853212
Riverine
145 linear feet
non -section 10 —
non -tidal
S3
35.499662
-80.851772
Riverine
786 linear feet
non -section 10 —
non -tidal
wl
35.499664
-80.851756
Palustrine
0.03 acres
no 10 —
wetland