20191529 Ver 1_USACE Jurisdicitional Determination_20200312

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 3/12/2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Justin Milstein; 1501 Lakestone Village Lane, suite 205, Fuquay-Varina, NC 27526
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
SAW-2019-00947 (Glencoe Mill parking lot / River Road / Burlington / Alamance County / commercial)
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Alamance City: Burlington
Center coordinates of site (lat/long in degree decimal format):
Lat.: 36.139495 Long.:-79.428515
Universal Transverse Mercator: 17 S 641395.96 mE 4000555.06m N
Name of nearest waterbody: UT to Haw River
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
x❑ Field Determination. Date(s): 5/29/2019
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (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)
WA
36.139488
-79.428406
46 sq ft
Palustrine Forested Wetland
Section 404
WB
36.139527
-79.428447
35 sq ft
Palustrine Forested Wetland
Section 404
SA
36.139327
-79.428484
275 LF
Intermittent Stream
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 (Mitchell Env.)
❑■ Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑x 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:
Lake Burlington QUAD 7.5 Minute Topo
❑m Natural Resources Conservation Service Soil Survey. Citation: Alamance County Map Sheet No. 10
❑ National wetlands inventory map(s). Cite name:
El
❑■
State/local wetland inventory map(s):
FEMA/FIRM maps: Alamance County GIS
❑ 100-year Floodplain Elevation is:
❑■ Photographs: ❑■ Aerial (Name & Date):
.(National Geodetic Vertical Datum of 1929)
Alamance County GIs, 2018
or ❑■ Other (Name & Date): Site Photographs, MEPA 1/26/2019
❑ 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.
Date: 2020.03.12
09:26:08-04'00'
Signature and date of
Regulatory staff member
completing PJD
11`1�— 2019-04-0418:08:25
Signature and 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.

LEGEND Vicinity Map
Q Existing Iron Pipe (E#P)
0 New Iron Wipe (NIP)
Eric Miles certify that this plat was drawn under` / Property line
y peevision from an actual survey made under i / — Adjoiner's Property line
s Msion (deed description recorded in Book / Right of Way line
/
6 e 747,); that the boundaries not surveyed �`` Calculated Point (CP)
PK Nail (Found)
a c rly indicated as drawn from information found
in ok 269 Page 747; that the ratio of precision �24 PK Nail (Set)
as c Icula is 1.10,000; that this plat was prepared 20
0
' in accor G.S. 47--30 as amended; that the ~'`_ ca oc
survey is o existing parcel or parcels of 05
land and d t c ate a new street or change an
existing street; g''
Witness m rigi si u e 's ra ' n n ber
and al 1 day • ,2
P fess no al Land Surveyor \�
5 /
0!� y� I S
�O
,�. 3,5
��Rebar � g s.00.. (tot
_ 6�0 e!
Rebar .20•$�
N ' . , Glencoe Mill Village '� ' -� - Property Information:
�R jG Subdivision, Phase I Ditch nfc;ncge
P.B. 64 PG. 64 Owner. Glencoe mill, LLC.
Owners Address; P.G. Box 12929,
Raleigh, NC 27605
�- D.B. 2697 PG. 747
* P.B. 76 PG. 436
Parcel ID: 172412
�1
May 30, 2019 �°� ' 0 1" E#P
Wetlands shown as green in color 0 °
have not been surveyed and are
approximately represented. Stream
and wetland delineation completed �`�% WB1-3
by Mitchell Environmental staff and / r`v
has been approved b NC DWR ` Common Area 1 WB1-2
pp Y V
and U.S. Army Corps of Engineers, P.B. 76 PG. 436 -_J WA1_0
per site visit on May 29, 2019.
WA1-1
WA1— 2� 10
NJA1/ l Wetlan�d'!j 1
Common Area 3 Ov
P.B. 76 PG. 436 '� //', WA1--2�.
�r t.�
\o WA1_3
eir `
Unit 1 �_
P.B. 76 PG. 436
pipe I\J s, ,
\ rert
1" ElPCuh
j Ov
�. 40
Ov}� .•..
Rebar
SURVE OWS CERTOCP<itION
Line
Bearing
Distance
L1
S
31 ° 13'09"
W
1.19'
L2
S
44°46'41
"
W
16.70'
L 3
S
38° 44'
40"
W
22.25'
L4
S
73*26'
19"
W
15.14'
L5
S
26° 1543"
W
17.41 '
L6
'
58'2.0'04"
W
7.33'
L7
S
65037'51
"
W
16.96'
L8
S
36046'52"
W
10.19,
L9
S
220 41 '
S8"
W
7.09'
L10
S
03°50'38
E
8.12'
L11
S
19°2323
W
8.19'
L12
S
33'36'05'_
W
14.41'
L13
S
26e27'35"
W
17.88'
L14
S
06958'05"
W
15.40'
L15
S
17006'42"
W
21.95'
L16
S
36°48'20
W
13.22'
L17
S
41'30'07
W
7.46'
L18
S
1 1 *46'43"
W
15.74'
L19
S
25'16'10'
E
7.32'
L20
S
40°35'51
"
E
16.15'
L21
S
27°50'04"
E
3.48'
L22
S
01 ° 14'40"
E
4.94'
� a
m
14AA
Common Area 2 �`--
\ P.B. 76 PG. 436 Final Plat Survey for
\ Division of
Unit 2 Community Store Lot
P.B. 76 PG. 436 � � Glencoe Mill Village
Subdivision "le-ie Mill
\ P.B. 68 PG. 269 nc.
Stream Location
Notes:
1) No title search was performed by this firm . Faucette Township, Alamance County, North Carolina
during the course of this survey. ( 2 1
2) The property shown hereon is subject to all � � � '`--� \, J. Eric Mlles L--�-498
easements of record affecting same. \, Final Plat Firm License Number 664
3) This firm makes no guarantee as to the \ Property of \
existence or location of any burial sites, #� y 30 0 15 30
underground improvements, or utilities across this Sheet One of Two -' I
� � -� �,,
property. Any underground utilities or t3 �. � GRAPHIC SCALE (IN FEET)
improvements shown hereon have been located The Historic Preservation Foundation _ _--
from visible evidence and available information. \, of North Carolina, Inc. BOSWELL SURVEYORS, INC. [date: 3/7/19
4) No internal inspection of this property was `.
made by this firm during the, course of this P° 72 P�'• �� 505 East Davis Street
survey. Burlington, NC 27215
5) Areas ore calculated by coordinate geometry. SCale� 1 "= 30 '
336.227.8723 (phone) Drawn
6) No geodetic monuments were found within 336.222.9171�faxj y: JGW
p p y T �j
�000' of the subject ro ert . ,�L__..._�"�.