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Home My WebLink About20200103 Ver 1_USACE Jurisdictional Determination_20200317ATTACHMENT PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): 3/17/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Michael Brame/Pilot Environmental, Inc., 743 Park Lawn Court, Kernersville, NC 27284 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington Regulatory Field Office, White Oak Subdivision, SAW- D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: NC Highway 150 West, Greensboro, NC - Lat/Long = 36.218297/-79.817633 The site contains wooded land and fields. (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: Guilford City: Greensboro Center coordinates of site (lat/long in degree decimal format): Lat. 36.218297' N, Long.-79.817633' W. Universal Transverse Mercator: wgs 84 Name of nearest waterbody: Mears Fork Creek Identify (estimate) amount of waters in the review area: Non -wetland waters: 2,600 linear feet: 6 width (ft) and/or 0.36 acres. Cowardin Class: Riverine Stream Flow: Perennial Wetlands: 1.5 acres. Cowardin Class: Bottomland Hardwood 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: 7/6/2016 ❑ 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 "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: 2 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: Aerial, soils, and topo maps. ® 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: View Drawing 1 ❑ USDA Natural Resources Conservation Service Soil Survey. Citation: View Drawings 2 and 2A. ❑ National wetlands inventory map(s). Cite name: View Drawing 3. ❑ State/Local wetland inventory map(s): ® FEMA/FIRM maps: View Drawing 4. ❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): View Drawing 5. or ❑ Other (Name & Date): ❑ Previous determination (s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessaril been verified by the Corps and should not be relied upon for later jurisdictional determinations. Date:2020.03.17 .cr 06:50:49-04'00' 06.13.2016 Signature and date of Regulatory Project Manager (REQUIRED) Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) Feature Table Site number Latitude Longitude Cowardin Class Estimated amount of aquatic resource in review area Class of aquatic resource 1 — SA 36.222005 -79.817539 Riverine 700 Feet Perennial Stream 2 — SAA 36.220791 -79.819005 Riverine 1,900 Feet Perennial Stream 3—WA 36.221651 -79.818192 Bottomland Hardwood 1.5 Acres Wetland Site Boundary Perennial Stream Wetlands SA 1-5 Flag Number DP-1 Data Point rILAN. ® , ■ 6 *: SAA 1-112 FLAG NUMBERS/INFO WETLAND FLAGS = STREAM FLAGS = Stream Flags = 134 Wetland Flags = 80 Total Flags = 214 A y J 101 _ � a t � _ F � 4L �. i15 � . THE LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE PRELIMINARY AND APPROXIMATE. THEY WERE OFFICE VERIFIED BY MR. ; DAVID BAILEY WITH THE USACE AND FIELD VERIFIED BY MS. SUE HOMEWOOD WITH THE NCDEQ-DWR ON JULY 7Y-% 2016. THEY HAVE NOT BEEN SURVEYED OR GEOLOCATED. Drawing 5 N Wetland Map 2015 Imagery from Google Earth , J Approximate 42.12 Acre Tract and PEI Field Notes N h 1CO Scale: 1" = 500' Date: 07.07.2016 610 C Hig way 5 West Greensboro, Guilford County, NC PEI Project 2015