20200698 Ver 1_final signed PJD form_20200527

ATTACHMENT A
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD):
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Sean Farrell, 5501 Barbados Blvd., Castle Hayne, NC 28429
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
Wilmington District
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
1-40 North and South of the NECFR crossing in Castle Hayne/Rocky Point NC
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT
SITES)
State: NC County/parish/borough: New Hanover/ Pender City. Castle Hayne! Rocky Point
Center coordinates of site (lat/long in degree decimal format):
Lat. 35.263297 ON; Long.-78.332507
I TIM
Universal Transverse Mercator: NAD 83
Name of nearest waterbody: Northeast cape Fear River
Identify (estimate) amount of waters in the review area:
Non -wetland waters:
362 linear feet: width (ft) and/or _ acres.
Cowardin Class: N/A
Stream Flow: LOW TO NONE
Wetlands: 5.154 acres.
Cowardln Class: PFO1/2F, Palustrine Freshwater Forested Shrub
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal: N/A
Non -Tidal: NIA

E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL
APPLY):
❑ Office (Desk) Determination. Date:
FZField Determination. Date(s): 09124/2019
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:
❑✓ Data sheets prepared/submitted by or on behalf of the
app ' nt/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:
❑ USDA Natural Resources Conservation Service Soil Survey.
Citation:
✓❑ National wetlands inventory map(s). Cite name:
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 1 DO -year Floodplain Elevation is:
(National Geodectic Vertical Datum of 1929)
✓❑ Photographs: 0 Aerial (Name & Date): 2016 NcoNEMap or
W1 Other (Name & Date): Sept -Oct. 2019 Representative Photos
❑ 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 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:
IMPORTANT NOTE: The information recorded on this form has not
necessarily been verified by the Corps and should not be relied upon for
later 'urisdictional determinations.
Digitally signed by
S H A V E R. B RA D. E.1276601756
Date: 2019.12.02 10:52:20
-05'00'
Signature and date of
Regulatory Project Manager
(REQUIRED)
4
Z617
-A-"'- u13/ Signs re and date of
person requesting preliminary JD
(REQUIRED, unless obtaining
the signature is impracticable)

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
Roy COOPER
GOVERNOR
Table of Aquatic Resources
JAMES H. TROGDON, III
SECRETARY
Site
Lattitude
Longitude
Estimated
Type of
Cowardin
Geographic
amount of
Aquatic
Class
Authority
aquatic
Resource
resource in
Study
WA
34.369988
-77.886982
224,008 sq.
Wetland
Palustrine,
Section 404
ft. (5.143
Freshwater
acres)
Forested
Shrub
WB
34.362315
-77.888672
500 sq. ft.
Wetland
Palustrine,
Section 404
(0.011 acres)
Freshwater
Forested
Shrub
SA
34.362315
-77.888672
362 If
Non-
N/A
Section 404
Wetland
Water

NC DWQ Stream Identification Form Version 4.11
Date: 10/03/2019
Project/Site: 1-40 Hurricane Repairs
MM 413-415, SA
Latitude: 34.362315
Evaluator: Sean Farrell
County: New Hanover
Longitude:-77.888672
Total Points:
19.5
Stream Deter (circle one)
Other
Stream is at least intermittent
Ephemeral termitten Perennial
e.g. Quad Name:
if>_ 19 or erennial if 30`
A. Geomorphology (Subtotal = 7 )
Absent
Weak
Moderate
Strong
1" Continuity of channel bed and bank
0
1
2
3
2. Sinuosity of channel along thalweg
0
1
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
1
2
3
4. Particle size of stream substrate
0
Q
2
3
5. Active/relict floodplain
0
1
2
3
6. Depositional bars or benches
0
1
2
Q
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
0
1
2
3
9. Grade control
M
0.5
1
1.5
10. Natural valley
0
0.5
1
1.5
11. Second or greater order channel
o =
Yes = 3
Q artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal = 3.5 )
12. Presence of Baseflow
0
1
Q2
3
13. Iron oxidizing bacteria
0
1
2
Q
14. Leaf litter
1.5
1
0.
0
15. Sediment on plants or debris
OQ
0.5
1
1.5
16. Organic debris lines or piles
0.5
1
1 1.5
17. Soil -based evidence of high water table?
No = 0
Yes = 3
C. Biology (Subtotal =
18. Fibrous roots in streambed
3
2
1
Q
19. Rooted upland plants in streambed
3
G)
1
0
20. Macrobenthos (note diversity and abundance)
Q
1
2
3
21. Aquatic Mollusks
(2)
1
2
3
22. Fish
(D
0.5
1
1.5
23. Crayfish
Q
0.5
1
1.5
24. Amphibians
G)
0.5
1
1.5
25. Algae
0
0.5
1
Q
1 1.5
26. Wetland plants in streambed
FACW = 0.75; OBL
= 1.5 Other = 0
*perennial streams may also be identified using other methods. See p. 35 of manual.
Notes: Form is representative of area of confluence
with feature from off r/w.
Stream has been significantly
disturbed and
has been
previously impacted downstream by concrete lined ditching associated with the original construction of 1-40.
Sketch: stream off r/w
ditch (concrete)
Area of Assessment
ditch (concrete)

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Sources: Esri, HERE. Garmin, USGS'Inntermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong)., Esri Korea, Esri (Thailand), NGCC,
OpenStreetMap contributors, and the G'IS User Community
This ExhibR m for planning purposes only and shown herein does not meet NC 47-30 Req—.— and
therefore Is not for design, construction, or recording or transfer of thle. The Exhibit was —piled from
avellabielydormation obtained Rom the sou— lstea below_
Figure 1 - Vicinity/Street Map
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snpmee,
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` �U S. Fish and Wildlife
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National Wetlands Inventor
1-40 NWI MAP FIGURE 2
November 5, 2019
This map is for general reference only. The US Fish and Wildlife
Service is not responsible for the accuracy or currentness of the
Wetlands
Freshwater Emergent Wetland
Lake
base data shown on this map. All wetlands related data should
be used in accordance with the layer metadata found on the
Estuarine and Marine Deepwater
Wetlands Mapper web site.
Freshwater Forested/Shrub Wetland
Other
Estuarine and Marine Wetland
❑ Freshwater Pond
Ej Riverine
National Wetlands Inventory (NWI)
This page was produced by the NWI mapper

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available iM—a,io, obtained from - sources listed below. Streams and wetlands: All features locoed
1 inch = 3UU feet
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upposed were centimeter accuracy, u
GRAPHIC SCALE
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