20200782 Ver 1_USACE PJD_06052020_20200612

burnsmcd.com
June 5, 2020

Rachel Capito
USACE, Wilmington District
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587

Submitted via Email: [e-mail]

Re: Preliminary Jurisdictional Determination Request for
Piedmont Natural Gas Gum Road Regulator Station
Onslow County, North Carolina

Dear Ms. Capito:

Burns & McDonnell Consultants, Inc. (Burns & McDonnell) was retained by Piedmont Natural
Gas (PNG) to provide wetland delineation services for the Gum Branch Road Regulator Station
Project. The following sections provide information regarding the proposed Project and
summarize the completed wetland delineation.
INTRODUCTION
PNG is proposing to construct an approximately 79-feet by 20-feet access road to the existing
Gum Branch Regulator Station. The proposed new gravel road will provide access to the
southern portion of Gum Branch Regulator Station and will be accessed via the Duke Energy
power facility entrance road, a secondary road from Gum Branch Road.
The proposed Project has the potential to impact wetlands or other waterbodies that may be
under the jurisdiction of the U.S. Army Corps of Engineers as designated by Section 404 of the
Clean Water Act. In an effort to minimize potential impacts on regulated waterbodies, Burns &
McDonnell conducted a wetland and waterbody delineation survey in a targeted study area
where the installation of the access road is proposed (Survey Area) to determine the boundaries
and extent of wetlands and other waterbodies, including streams, ditches, ponds, etc.
METHODS
The following discussion summarizes the methods used to review existing data and conduct the
wetland delineation.
Existing Data Review
Burns & McDonnell reviewed available background information for the Survey Area prior to
conducting a site visit. Available background information included the U.S. Geological Survey
(USGS) 7.5-minute topographic map, U.S. Fish & Wildlife Service (USFWS) National Wetland
Inventory (NWI) map, and U.S. Department of Agriculture (USDA) Natural Resources
Rachel Capito
June 5, 2020
Page 2

Conservation Service (NRCS) 2014 Soil Survey Geographic (SSURGO) digital data for Onslow
County. Figures generated from this available data are included as Figures A-2 and A-3 in
Appendix A.
Basing the presence or absence of wetlands on NWI maps alone cannot be assumed as an
accurate assessment of potentially occurring jurisdictional wetlands. Wetland identification
criteria differ between the USACE and other agencies. As a result, wetlands shown on an NWI
map may not be under the jurisdiction of the USACE, and all USACE-jurisdictional wetlands are
not always identified on NWI maps. Therefore, a detailed field survey was conducted to identify
any wetlands or other water bodies that may be present.
Wetland Delineation Field Survey
A wetland delineation of the Survey Area was completed April 1, 2020 in accordance with the
1987 Corps of Engineers Wetlands Delineation Manual and the 2010 Regional Supplement to
the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region –
Version 2.0 (Regional Supplement). Locations of sample plots and other identified features were
surveyed using a sub-meter accurate global positioning system (GPS) unit. Representative
photographs were taken during the delineation and are included in Appendix B.
RESULTS
The following sections describe the results of the existing data review and the completed wetland
delineation.
Existing Data Review
The existing USGS topographic maps were reviewed to familiarize Burns & McDonnell wetland
personnel with the topography and potential locations of wetlands and other water bodies (Figure
A-2). The USGS topographic maps indicate the Survey Area is primarily a wooded area adjacent
to an existing Gum Branch Regulator Station.
The NWI data did not identify wetlands in the Survey Area, including (Figure A-2).
The USDA NRCS SSURGO digital data indicate the only soil map unit in the Survey Area is
Lynchburg fine sandy loam; 0 to 2 percent slopes (Figure A-3).
Wetland Delineation Field Survey
On April 1, 2020, Burns and McDonnell conducted a wetland delineation of the Survey Area to
identify the presence of wetlands, streams, and other waterbodies. The Survey Area is within the
Coastal Plain Physiographic Province of North Carolina and largely composed of a young
growth (< 10 years) forested area surrounding an existing Gum Branch Regulator Station.
Topography is generally flat and slopes gently from the center of the Survey Area east and west
Rachel Capito
June 5, 2020
Page 3

from approximately 45 feet to 42 feet in both directions. The location and extent of features
identified within the Survey Area were recorded using sub-meter-accuracy GPS.
One intermittent stream was delineated within the Survey Area. The stream appears to be a man-
made stormwater conveyance that flows south from an installed culvert beneath Gum Branch
Road. The stream flows south from Gum Branch Road and intersects with an additional culvert
positioned east to west beneath the entrance road to the Duke Energy overhead transmission
substation, south of the Survey Area. The stream extends approximately 143 feet within the
survey area and had limited flow during the site visit after a recent rain event. The stream is
influenced primarily by conveyed stormwater through a system of culverts. Stream width was
approximately 1-foot with an ordinary high-water mark of 0.5 feet. At the time of delineation,
water was observed at a depth of approximately four inches. Riparian vegetation consisted
primarily of lobolly pine (Pinus taeda) and sweetgum (Liquidambar styraciflua).
SUMMARY
Burns & McDonnell conducted a wetland delineation of the Survey Area on April 1, 2020 to
determine the presence of wetlands, stream channels, and other waterbodies. One intermittent
stream channel was identified. On behalf of Piedmont Natural Gas Company Inc., Burns &
McDonnell respectfully requests a preliminary jurisdictional confirmation of the resources
identified in the Survey Area from the USACE.
Once you’ve had an opportunity to review the attached information, please contact me by phone
at [phone] or by email at [e-mail] if you would like to schedule a
confirmation visit or discuss any questions regarding our delineation.

Sincerely,

Jesse A. Brown
Burns & McDonnell
Environmental Services

Attachments:

Appendix A: Figures
Appendix B: Site Photographs
Appendix C: USACE Jurisdictional Determination Request Form
Appendix D: Agent Authorization Form
Rachel Capito
June 5, 2020
Page 4

cc: Alicia DePalma, PNG
Anthony McMullan, B&M

Rachel Capito
June 5, 2020
Page 5

APPENDIX A – FIGURES

Source: Esri, and Burns & McDonnell Consultants, Inc.Issued: 6/2/2020
Path: Z:\Clients\TND\DukeEnrgyCar\121033_GumBranchSta\Studies\Geospatial\DataFiles\ArcDocs\ENS_PJD\GumBranch_PJD_Fig1_Vicinity.mxd kdboatright 6/2/2020Service Layer Credits: Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community
NORTH
2,000 0 2,0001,000
Scale in Feet
Figure 1Vicinity MapGum BranchOnslow County, NC
PJD Area
Source: Esri, and Burns & McDonnell Consultants, Inc.Issued: 6/2/2020
Path: Z:\Clients\TND\DukeEnrgyCar\121033_GumBranchSta\Studies\Geospatial\DataFiles\ArcDocs\ENS_PJD\GumBranch_PJD_Fig2_Topo.mxd kdboatright 6/2/2020Service Layer Credits: Copyright:© 2013 National Geographic Society, i-cubed
NORTH
1,000 0 1,000500
Scale in Feet
Figure 2Topographic MapGum BranchOnslow County, NC
PJD Area
Source: Esri, USGS-SSURGO Soils Database, and Burns & McDonnell Consultants, Inc.Issued: 6/2/2020
Path: Z:\Clients\TND\DukeEnrgyCar\121033_GumBranchSta\Studies\Geospatial\DataFiles\ArcDocs\ENS_PJD\GumBranch_PJD_Fig3_Soils.mxd kdboatright 6/2/2020Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
NORTH
300 0 300150
Scale in Feet
Figure 3Soils MapGum BranchOnslow County, NCMajor RdMaynard BlvdGum Branch Rd
Ra
Ra
CrB
Ly
Ly
Ly
Ly
Ra
GpB
Ur
PJD Area
SSURGO Soils Map Unit
Map Unit Symbol & Name
CrB - Craven fine sandy loam, 1 to 4 % slopes*
GpB - Goldsboro-Urban land com plex, 0 to 5 % slopes
Ly - Lynchburg fine sandy loam, 0 to 2 % slopes, Atlantic Coast Flatwoods*
Ra - Rains fine sandy loam , 0 to 2 % slopes, Atlantic Coast Flatwoods*
Ur - Urban land Asterisk (*) indicates hydric soils.
Source: Esri, and Burns & McDonnell Consultants, Inc.Issued: 6/4/2020
Path: Z:\Clients\TND\DukeEnrgyCar\121033_GumBranchSta\Studies\Geospatial\DataFiles\ArcDocs\ENS_PJD\GumBranch_PJD_Fig4_Delineation.mxd kdboatright 6/4/2020Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
NORTH
0 5025
Scale in Feet
Figure 4Delineation MapGum BranchOnslow County, NC
#*
WET_PFO_03
WET_PFO_01
WET_PFO_01
WET_PFO_02
WET_PEM_01
WET_PEM_01
WET_PEM_04WET_PEM_05 Gum Branch Rd
S-4
S-2
S-5
S-1
S-3
Survey Area
#*Culvert
Upland Sample Plot
Wetland Sample Plot
Stream (S)
Intermittent
Perennial
Ephemeral (Non-Jurisdictional)
Wetland (W)
PEM
PFO
Rachel Capito
June 5, 2020
Page 6

APPENDIX B – SITE PHOTOGRAPHS

PHOTOGRAPH B-1: PNG Gum Branch Station Access Road Project - Stream 1; General Photograph at
proposed access road crossing.

PHOTOGRAPH B-2: PNG Gum Branch Station Access Road Project: Stream 1 – Facing east at proposed
point of access road installation.

PHOTOGRAPH B-3: PNG Gum Branch Station Access Road Project – Stream 1 culvert for utility station
access road north and outside of Survey Area.

PHOTOGRAPH B-4: PNG Gum Branch Station Access Road Project – Stream 1 Culvert access point on
north side of existing access road. Culvert appeared to continue north under Gum Branch Road.
Rachel Capito
June 5, 2020
Page 7

APPENDIX C – USACE JURISDICTIONAL DETERMINATION
REQUEST

Jurisdictional Determination Request
Version: May 2017 Page 1

This form is intended for use by anyone requesting a jurisdictional determination (JD) from the
U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting
information, as described within each category, with your request. You may submit your request
via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project
manager of the county in which the property is located. A current list of project managers by
assigned counties can be found on-line at:
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/Contact/CountyLocator.aspx,
by calling 910-251-4633, or by contacting any of the field offices listed below. Once your
request is received you will be contacted by a Corps project manager.

ASHEVILLE & CHARLOTTE REGULATORY
FIELD OFFICES
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
General Number: [phone]
Fax Number: [phone]

RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
General Number: [phone]
Fax Number: [phone]
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
General Number: [phone]
Fax Number: [phone]

WILMINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
General Number: 910-251-4633
Fax Number: [phone]

INSTRUCTIONS:
All requestors must complete Parts A, B, C, D, E, F and G.
NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part H.
NOTE ON PART D – PROPERTY OWNER AUTHORIZATION: Please be aware that
all JD requests must include the current property owner authorization for the Corps to
proceed with the determination, which may include inspection of the property when
necessary. This form must be signed by the current property owner(s) or the owner(s)
authorized agent to be considered a complete request.
NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for
JD requests associated with North Carolina Department of Transportation (NCDOT)
projects will be conducted according to the current NCDOT/USACE protocols.
NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD
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 also request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
Jurisdictional Determination Request
Version: May 2017 Page 2
A. PARCEL INFORMATION
Street Address: _______________________________________________
City, State: _______________________________________________
County:
Parcel Index Number(s) (PIN):
B. REQUESTOR INFORMATION
Name:
Mailing Address:
_________________________________________
Telephone Number: _________________________________________
Electronic Mail Address: ________________________________________
Select one:
I am the current property owner.
I am an Authorized Agent or Environmental Consultant1
Interested Buyer or Under Contract to Purchase
Other, please explain. ________________________________________
__________________________________________________________
C. PROPERTY OWNER INFORMATION2
Name:
Mailing Address:
Telephone Number:
Electronic Mail Address:
_______________________________________________________________________________________________________________________
1 Must provide completed Agent Authorization Form/Letter.
2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record).
Jurisdictional Determination Request
Version: May 2017 Page 3
D.PROPERTY ACCESS CERTIFICATION3,4
By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on-
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duly authorized agent of the owner of record of the property.
Print Name
Capacity: Owner Authorized Agent5
Date
Signature
E.REASON FOR JD REQUEST: (Check as many as applicable)
I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all aquatic resources.
I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources under Corps authority.
I intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps, and the JD would be used to avoid and minimize
impacts to jurisdictional aquatic resources and as an initial step in a future permitting
process.
I intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
I intend to construct/develop a project or perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
A Corps JD is required in order obtain my local/state authorization.
I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
I believe that the site may be comprised entirely of dry land.
Other:___________________________________________________________________
_______________________________________________________________________
3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
4 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
5 Must provide agent authorization form/letter signed by owner(s).
Jurisdictional Determination Request
Version: May 2017 Page 4

F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One)

I am requesting that the Corps provide a preliminary JD for the property identified herein.

A Preliminary Jurisdictional Determination (PJD) provides an indication that there may
be “waters of the United States” or “navigable waters of the United States”on a property.
PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all
waters and wetlands on the property will be treated as if they are jurisdictional “waters of
the United States”. PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is
“preliminary” in the sense that an approved JD can be requested at any time. PJDs do
not expire.

I am requesting that the Corps provide an approved JD for the property identified herein.

An Approved Jurisdictional Determination (AJD) is a determination that
jurisdictional “waters of the United States” or “navigable waters of the United
States” are either present or absent on a site. An approved JD identifies the limits of
waters on a site determined to be jurisdictional under the Clean Water Act and/or
Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit
decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be
posted on the Corps website. A landowner, permit applicant, or other “affected
party” (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years
(subject to certain limited exceptions explained in Regulatory Guidance Letter 05-
02).

I am unclear as to which JD I would like to request and require additional information
to inform my decision.

G. ALL REQUESTS

Map of Property or Project Area. This Map must clearly depict the boundaries of the
review area.

Size of Property or Review Area acres.

The property boundary (or review area boundary) is clearly physically marked on the site.

Jurisdictional Determination Request
Version: May 2017 Page 5

H. REQUESTS FROM CONSULTANTS

Project Coordinates (Decimal Degrees): Latitude: ______________________
Longitude: ______________________

A legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than 11x17 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved).6
 North Arrow
 Graphical Scale
 Boundary of Review Area
 Date
 Location of data points for each Wetland Determination Data Form or tributary
assessment reach.
For Approved Jurisdictional Determinations:
 Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404
wetlands, etc. Please include the acreage of these features.
 Jurisdictional non-wetland features (i.e. tidal/navigable waters, tributaries,
impoundments) should be labeled as Non-Wetland Waters of the US, stream, tributary,
open water, relatively permanent water, pond, etc. Please include the acreage or linear
length of each of these features as appropriate.
 Isolated waters, waters that lack a significant nexus to navigable waters, or non-
jurisdictional upland features should be identified as Non-Jurisdictional. Please
include a justification in the label regarding why the feature is non-jurisdictional (i.e.
“Isolated”, “No Significant Nexus”, or “Upland Feature”). Please include the acreage
or linear length of these features as appropriate.
For Preliminary Jurisdictional Determinations:
 Wetland and non-wetland features should not be identified as Jurisdictional, 404,
Waters of the United States, or anything that implies jurisdiction. These features can be
identified as Potential Waters of the United States, Potential Non-wetland Waters of
the United States, wetland, stream, open water, etc. Please include the acreage and
linear length of these features as appropriate.

Completed Wetland Determination Data Forms for appropriate region
(at least one wetland and one upland form needs to be completed for each wetland type)

____________________________________________________________________________
6 Please refer to the guidance document titled “Survey Standards for Jurisdictional Determinations” to ensure that the
supplied map meets the necessary mapping standards. http://www.saw.usace.army.mil/Missions/Regulatory-Permit-
Program/Jurisdiction/
Jurisdictional Determination Request
Version: May 2017 Page 6

Completed appropriate Jurisdictional Determination form
• PJDs, please complete a Preliminary Jurisdictional Determination Form7 and include the
Aquatic Resource Table
• AJDs, please complete an Approved Jurisdictional Determination Form8

Vicinity Map

Aerial Photograph

USGS Topographic Map

Soil Survey Map

Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)

Landscape Photos (if taken)

NCSAM and/or NCWAM Assessment Forms and Rating Sheets

NC Division of Water Resources Stream Identification Forms

Other Assessment Forms

_____________________________________________________________________________
7 www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/JD/RGL_08-02_App_A_Prelim_JD_Form_fillable.pdf
8 Please see http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Jurisdiction/

Principal Purpose: The information that you provide will be used in evaluating your request to determine
whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local
government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the
approved jurisdictional determination (AJD), which will be made available to the public on the District's website
and on the Headquarters USAGE website.
Disclosure: Submission of requested information is voluntary; however, if information is not provided, the
request for an AJD cannot be evaluated nor can an AJD be issued.
Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A.REPORT COMPLETION DATE FOR PJD:
B.NAME AND ADDRESS OF PERSON REQUESTING PJD:
C.DISTRICT OFFICE, FILE NAME, AND NUMBER:
D.PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: County/parish/borough: City:
Center coordinates of site (lat/long in degree decimal format):
Lat.:Long.:
Universal Transverse Mercator:
Name of nearest waterbody:
E.REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
Field Determination. Date(s):
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)
S-1 34.804565 -77.443555 143 Intermittent Stream Section 404
6/5/2020
Sara Kent - Burns & McDonnell 3650 Mansell Rd, Suite 300, Alpharetta, GA 30022
Wilmington District, SAW-2020-00047
NC Onslow Jacksonville
34.804565 -77.443555
Zone 18N; 276469, 3854092
New River
12/06/2019
04/01/2020
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: ________________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
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: _______BBBBBBBBBBBB.
Data sheets prepared by the Corps:________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
Corps navigable waters’ study: ____________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
U.S. Geological Survey Hydrologic Atlas: ________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
USGS NHD data.
USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name: _________BBBBBBBBBBBBBBBBBBBBBB.
Natural Resources Conservation Service Soil Survey. Citation: __________BBBBBBBBBBBBBBBBB.
National wetlands inventory map(s). Cite name: ________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
State/local wetland inventory map(s): ____________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
FEMA/FIRM maps: ________________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
100-year Floodplain Elevation is: ____BBBBBBBBBBBB.(National Geodetic Vertical Datum of 1929)
Photographs: Aerial (Name & Date): ______BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
or Other (Name & Date): ______BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
Previous determination(s). File no. and date of response letter: __________BBBBBBBBBBBBBBBB.
Other information (please specify): ______________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
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.
Signature and date of Signature and date of
Regulatory staff member person requesting PJD
completing PJD (REQUIRED, unless obtaining
the signature is impracticable)
1
1 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.
Sara Kent Digitally signed by Sara Kent
Date: 2020.04.10 14:21:21 -04'00'
Rachel Capito
June 5, 2020
Page 8

APPENDIX D – AGENT AUTHORIZATION FORM



Kelsey Pace
Digitally signed by
Kelsey Pace
Date: 2020.06.04
14:03:54 -04'00'