HomeMy WebLinkAbout20190158 Ver 1_2019-00126 PJD Tearsheet_20200714SAW-2019-00126
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-00126 County: Alamance U.S.G.S. Quad: NC -Crutchfield Crossroads
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Axiom Environmental
Attn: Grant Lewis
Address: 218 Snow Avenue
Raleigh, NC 27603
Size (acres) —21 Nearest Town Snow Camp
Nearest Waterway Reedy Branch River Basin Cape Fear
USGS HUC 03030002 Coordinates 35.854859 N,-79.411459 W
Location description: The project area is located along unnamed tributaries to Reedy Branch, on the south side of Clark Road
approximately 0.7 mile west of its intersection with Crutchfield Road, near Snow Camp, Alamance County, North Carolina.
The Proiect Area is shown as the "Brahma Mitigation Site Easement" on the attached Figures 3, 3A, and 3B, titled "Potential
Jurisdictional Areas."
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters including wetlands, on the above described project area, that may be subject to Section 404 of
the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently
accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated
August 2018. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process,
including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation
requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat
all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional
waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an
appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters including wetlands, on the above described project area/property, that may be subject to Section 404 of
the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However,
since the waters including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be
used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an
effective presumption of CWA/RHA jurisdiction over all of the waters including wetlands, at the project area, which is not
sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters including
wetlands, on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a
timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in 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 including wetlands, on the above described project area/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 recommend you have the waters including wetlands, on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
❑ The waters including wetlands, on your project area/property have been delineated and the delineation has been verified by the
Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated MAP DATE. If you wish to
have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will
SAW-2019-00126
provide an accurate depiction of all areas subject to CWA and/or RHA 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 including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on SURVEY SIGNED DATE. 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 project area/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.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact David Bailey at (919) 554-4884 X 30 or
David.E.Bailev2(&us ace. army.mil.
C. Basis For Determination: See the Preliminary Jurisdictional Determination form dated 12/12/2019.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/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)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and 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: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 1OM15
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 by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
ii�"-" Date: 2019.12.12 16:21:23
Corps Regulatory Official:-05'00'
Date of JD: 12/12/2019 Expiration Date of JD: Not applicable
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 our Customer Satisfaction Survey, located online at http://cor2smapu.usace.army.miUcm_apex/f?p=136:4:0.
Copy furnished:
Sue Homewood, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105
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SAW-2019-00126
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Axiom Environmental (Attn: Grant Lewisl File Number: SAW-2019-00126
Date: 12/12/2019
Attached
is:
See Section below
❑
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
❑
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
❑
PERMIT DENIAL
C
❑
APPROVED JURISDICTIONAL DETERMINATION
D
®
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.miUMissions/CivilWorks/RegulatoryProgramandPermits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
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.
SAW-2019-00126
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
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Phillip Shannin, Administrative Appeal Review Officer
attn: David E. Bailey
CESAD-PDO
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers, South Atlantic Division
3331 Heritage Trade Drive, Suite 105
60 Forsyth Street, Room 1OM15
Wake Forest, North Carolina 27587
Atlanta, Georgia 30303-8801
Phone: 404 562-5137
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 opportuni to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, David Bailey, 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: (404) 562-5137
Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 12/12/2019
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Grant Lewis, Axiom Environmental 218 Snow Ave, Raleigh, NC 27603
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: SAW-2019-00126 (NCDMS ILF - Brahma Mitigation
Site)
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: Snow Camp
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.8540 Long.:-79.4106
Universal Transverse Mercator:
Name of nearest waterbody: Reedy Branch
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
0 Field Determination. Date(s): 7/9/2019
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)
See
attached
table of
aquatic
resources
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: Figures 1, 2, 3, & 3A-3B
0 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:
❑ 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: 1 30,000 Cruchfield Crossroads &Snow Camp
❑■ Natural Resources Conservation Service Soil Survey. Citation: Alamance County 1960
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
■❑ Photographs: ❑■ Aerial (Name & Date): NC One Map 2014 Orthoimagery
or ❑ Other (Name & Date):
❑ 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:2019.12.12
16:08:26-05'00'
Signature and date of
Regulatory staff member
completing PJD
W. Grant Lewis us
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.
Brahma Stream & Wetland Mitigation Site
Summary of Aquatic Resources which "May Be" Subject to Regulatory Jurisdiction
Site Name
Latitude
Longitude
Estimated amount
of aquatic resource
in review area
Type of aquatic
resources
Geographic authority to
which the aquatic
resource "may be"
GA/B
35.8535920
-79.4102680
2.099 ac
Wetland
Section 404
GC
35.8526340
-79.4087471
0.380 ac
Wetland
Section 404
GD
35.8518178
-79.4081920
0.162 ac
Wetland
Section 404
GE
35.8520647
-79.4085831
0.044 ac
Wetland
Section 404
GF
35.8524177
-79.4087237
0.044 ac
Wetland
Section 404
GG
35.8527315
-79.4103753
0.183 ac
Wetland
Section 404
GH
35.8521763
-79.4107963
0.123 ac
Wetland
Section 404
GI
35.8511576
-79.4119755
0.324 ac
Wetland
Section 404
GJ
35.8503974
-79.4116223
0.311 ac
Wetland
Section 404
GK
35.8535741
-79.4109917
0.065 ac
Wetland
Section 404
GL
35.8546646
-79.4112380
0.009 ac
Wetland
Section 404
GM
35.8559300
-79.4112612
0.032 ac
Wetland
Section 404
GN
35.8562315
-79.4114487
0.009 ac
Wetland
Section 404
GO
35.8571812
-79.4111174
0.024 ac
Wetland
Section 404
GP
35.8572290
-79.4101920
0.065 ac
Wetland
Section 404
GQ
35.8570276
-79.4093917
0.068 ac
Wetland
Section 404
GR
35.8574080
-79.4102480
0.044 ac
Wetland
Section 404
PA
35.8573492
-79.4122657
0.004 ac
Wetland
Section 404
PB
35.8579882
-79.4126731
0.115 ac
Wetland
Section 404
PC
35.8582765
-79.4132617
0.036 ac
Wetland
Section 404
PD
35.8584168
-79.4138930
0.004 ac
Wetland
Section 404
PE
35.8589691
-79.4142908
0.220 ac
Wetland
Section 404
PF
35.8583735
-79.4144606
0.313 ac
Wetland
Section 404
PG
35.8581309
-79.4135197
0.133 ac
Wetland
Section 404
PH
35.8577860
-79.4129722
0.079 ac
Wetland
Section 404
PI
35.8571880
-79.4120658
0.003 ac
Wetland
Section 404
Pi
35.8572599
-79.4123801
0.007 ac
Wetland
Section 404
PK
35.8574438
-79.4123959
0.003 ac
Wetland
Section 404
KA
35.8573465
-79.4120539
0.013 ac
Wetland
Section 404
KB
35.8566979
-79.4116161
0.006 ac
Wetland
Section 404
KC
35.8562022
-79.4116877
0.010 ac
Wetland
Section 404
KID
35.8560409
-79.4116632
0.022 ac
Wetland
Section 404
KE
35.8561247
-79.4114833
0.008 ac
Wetland
Section 404
KF
35.8555428
-79.4117270
0.142 ac
Wetland
Section 404
KG
35.8551877
-79.4116236
0.004 ac
Wetland
Section 404
KH
35.8500732
-79.4107677
0.056 ac
Wetland
Section 404
KI
35.8503960
-79.4112408
0.207 ac
Wetland
Section 404
UT1
35.8549995
-79.4116627
4666.2 If
Non -wetland
Section 404
UT2
35.8516171
-79.4116337
1306.9 If
Non -wetland
Section 404
UT2A
35.8500259
-79.4109798
35.0 If
Non -wetland
Section 404
UT3
35.8553031
-79.4112591
152.9 If
Non -wetland
Section 404
UT5
35.8575670
-79.4109067
618.0 If
Non -wetland
Section 404
UT6
35.8573491
-79.4108761
109.7 If
Non -wetland
Section 404
UT7
35.8548830
-79.4117365
44.9 If
Non -wetland
Section 404
Reedy Branch
35.8587557
-79.4147211
220.5 If
Non -wetland
Section 404
Open Water
35.857267
-79.409727
0.294 ac
Non -wetland
Section 404