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Home My WebLink About20171527 Ver 2_USACE JD_20200806U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2016-02542 County: Person U.S.G.S. Quad: NC- Roxboro NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Person County Business and Industrial Center, Inc. Attn: Phillip Allen Address: P.O. Box 1824 Roxboro, NC 27573 Size (acres) ~168 Nearest Town Roxboro Nearest Waterway UTs to Marlowe Creek & Storys Creek River Basin Roanoke USGS HUC 03010104 Coordinates 36.475075, -78.989899 Location description: The project area is located on approximately 175 acres located immediately south of the intersection of Edwin Robertson Road and Country Club Road, north of Roxboro in Person County, North Carolina. The project area, a portion of the Person County Mega Site, is limited to the area within the Limits of Disturbance (LOD) on the attached map entitled “Figure 6: Wetlands and Waters of the U.S. Delineation Map”, Sheet Nos. 1 and 2. Indicate Which of the Following Apply: A.PreliminaryDetermination ܈ 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). 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 11/25/2019. 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 wetlandson 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 . We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA 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. SAW-2016-02542 ܆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 . 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 (CAMA). 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 E. Bailey at (919) 554-4884 X 30 or David.E.Bailey2@usace.army.mil. C. Basis For Determination: See the Preliminary Jurisdictional Determination Form dated 08/06/2020. D. Remarks: None. E. Attention USDA Program Participants The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center, 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 10M15 Atlanta, Georgia 30303-8801 AND PHILIP.A.SHANNIN@USACE.ARMY.MIL 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.** Corps Regulatory Official: ______________________________________________________ Date of JD: 08/06/2020 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 the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Sue Homewood, NCDEQ-DWR, 450 W. Hanes Mill Rd., Suite 300, Winston Salem NC 27105 Susan Morrison, Timmons Group, 5410 Trinity Road, Suite 102, Raleigh, North Carolina 27607 Date: 2020.08.06 13:48:00 -04'00' DOLDOLDOL DOLDOL DOLDOLDOLDOLDOLDOLDOL DOLDOLDOL DOLSheet 2 Woodsdal eRdFairwayDrCharlie Jay R d Cavel-Chub Lak e RdChubLakeLoopRd B o s t o n R d Mc ghees Mill Rd CountryClubRdOakGrove-M tZ io n RdMcghees Mill RdChu b L a k e R d Royster-Clay Rd Morton PulliamRd NorthParkDrShilohChurchRdJackHambrickRdC arte rLn Carver-Holt R d BerryhillRd C rowderF a rmRd OakGroveRdMunday RdHagersRidgeRdHaywoodBaileyRd CommunityHouseRd L aw s o n Farm R d E d win R o b erts o n Rd Path: Y:\805\39329 Person County MegaSite\GIS\Wetland Delineation\39329-WTDM_NewBoundary.mxdLegend Project Study Limits - 1,350.0 Acres DOLDOLLimits of Disturbance - 168.0 Acres Perennial Stream (R3) Intermittent Stream (R4) Palustrine Emergent (PEM) Wetlands Palustrine Forested (PFO) Wetlands Palustrine Open Water (POW) Wetland Topographic Contours 10 Foot 5 Foot ³ 0 2,400 4,8001,200 Feet 1. Waters of the U.S. within the project study limits have been located using submeter, Bluetooth GPS antennas by others. 2.Waters of the U.S. have been confirmed by the U.S. Army Corps of Engineers. 3. Project limits are approximate. 4. Cowardin Stream Classifications are based solely on field observations. No formal Stream assessment methodology was completed to determine these Cowardin Classifications.These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not limited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP.EnvironmentalJOB NUMBER CHECKED BY SCALE SHEET NO. DATE DESIGNED BY DRAWN BYYOUR VISION ACHIEVED THROUGH OURSSite DevelopmentResidentialInfrastructureDATEREVISION DESCRIPTIONTHIS DRAWING PREPARED AT THE1001 Boulders Parkway, Suite 300 | Richmond, VA 23225TEL 804.200.6500 FAX 804.560.1648 www.timmons.comCORPORATE OFFICETechnologyPERSON COUNTY MEGASITEFIGURE 6: WETLANDS AND WATERS OF THE U.S. DELINEATION MAP39329PERSON COUNTY, NORTH CAROLINA11/25/2019 L. CARSON L. CARSON S. LAW 1 OF 2 1 " = 2,500 'DOLDOLDOLDOL DOL2 PFO (sq ft) PSS (sq ft) PEM (sq ft) POW (sq ft) R3 (lf) R4 (lf) R6 (lf) Ditch (lf) S23 Site A 59 NT/NV S32 Site A 939 NT/NV S33 1,450 NT/NV S34 85 NT/NV S35 139 NT/NV S36 120 NT/NV S37 384 NT/NV S39 463 NT/NV S43 110 NT/NV SM 1,574 NT/NV SO 220 NT/NV SP 143 NT/NV SR 1,245 NT/NV SS 163 NT/NV ST 63 NT/NV SU 17 NT/NV P1 14,742 NT/NV W6 25,986 NT/V W7 Site A 24,119 NT/V S8 Site A 3,275 NT/V WG 1,146 NT/V Total 51,251 0 3,275 14,742 2,897 4,277 0 0 * T=Tidal; NT=Non-tidal; V=Vegetated; NV=Non-Vegetated; PFO=Palustrine Forested Wetland; PSS=Palustrine Scrub-Shrub Wetland; PEM=Palustrine Emergent Wetland; POW= Palustrine Open Water; EIW= Estuarine Intertidal Wetlands; R3= Upper Perennial Streams; R4=Intermittent Streams; R6 = Ephemeral Streams Resource Identification Confirmation Resource Description Notes* Total Wetland Area = Total Stream Length = 69,268 sq ft 7,174 lf 1.59 ac K>K>K>K>K>K>K>K>K>K>K>K>K> K >K>K>K>K> K>K> K>K>K>K>K>K>K> K> K> K> K>K> K>K>K>K>K>K>K>K>K>K>K>K>K>K> K >K>K>K>K>K>K>K>K>K> K >K> K >K>K>K>K>K>K>K>K>K>K>K>K>K>K>K>K> K> K> K> K>K>K>K>K>K>K>K>K>K>K>K>68 66LWH$ 67 6 62 6 6 62 6 63 66 6 6 66LWH$ 65 6 60 Edwin Robertson Rd Country Club Rd: :* :6LWH$ :6LWH$ 3 3DWK<??3HUVRQ&RXQW\0HJD6LWH?*,6?:HWODQG'HOLQHDWLRQ?:7'0B1HZ%RXQGDU\P[G/HJHQG 3URMHFW6WXG\/LPLWV$FUHV K>K>/LPLWVRI'LVWXUEDQFH$FUHV 3HUHQQLDO6WUHDP5 ,QWHUPLWWHQW6WUHDP5 3DOXVWULQH(PHUJHQW3(0:HWODQGV 3DOXVWULQH)RUHVWHG3)2:HWODQGV 3DOXVWULQH2SHQ:DWHU32::HWODQG 7RSRJUDSKLF&RQWRXUV )RRW )RRW ³ )HHW :DWHUVRIWKH86ZLWKLQWKHSURMHFWVWXG\OLPLWVKDYHEHHQ ORFDWHGXVLQJVXEPHWHU%OXHWRRWK*36DQWHQQDVE\RWKHUV :DWHUVRIWKH86KDYHEHHQFRQILUPHGE\WKH86$UP\ &RUSVRI(QJLQHHUV 3URMHFWOLPLWVDUHDSSUR[LPDWH &RZDUGLQ6WUHDP&ODVVLILFDWLRQVDUHEDVHGVROHO\RQILHOG REVHUYDWLRQV1RIRUPDO6WUHDPDVVHVVPHQWPHWKRGRORJ\ZDV FRPSOHWHGWRGHWHUPLQHWKHVH&RZDUGLQ&ODVVLILFDWLRQV7KHVHSODQVDQGDVVRFLDWHGGRFXPHQWVDUHWKHH[FOXVLYHSURSHUW\RI7,00216*5283DQGPD\QRWEHUHSURGXFHGLQZKROHRULQSDUWDQGVKDOOQRWEHXVHGIRUDQ\SXUSRVHZKDWVRHYHULQFOXVLYHEXWQRWOLPLWHGWRFRQVWUXFWLRQELGGLQJDQGRUFRQVWUXFWLRQVWDNLQJZLWKRXWWKHH[SUHVVZULWWHQFRQVHQWRI7,00216*5283(QYLURQPHQWDO-2%180%(5 &+(&.('%< 6&$/( 6+((712 '$7( '(6,*1('%< '5$:1%<<2859,6,21$&+,(9('7+528*+28566LWH'HYHORSPHQW 5HVLGHQWLDO ,QIUDVWUXFWXUH'$7(5(9,6,21'(6&5,37,217+,6'5$:,1*35(3$5('$77+(1001 Boulders Parkway, Suite 300 | Richmond, VA 23225TEL 804.200.6500 FAX 804.560.1648 www.timmons.com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ored Stream NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Person County Business and Industrial Center, Inc. (Attn: Phillip Allen) File Number: SAW-2016-02542 Date: 08/06/2020 Attached is: See Section below ☐ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A ☐ PROFFERED PERMIT (Standard Permit or Letter of permission) 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.mil/Missions/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. 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 appeal process you may contact: District Engineer, Wilmington Regulatory Division Attn: David E. Bailey Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 If you only have questions regarding the appeal process you may also contact: MR. PHILIP A. SHANNIN ADMINISTRATIVE APPEAL REVIEW OFFICER CESAD-PDS-O 60 FORSYTH STREET SOUTHWEST, FLOOR M9 ATLANTA, GEORGIA 30303-8803 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHILIP.A.SHANNIN@USACE.ARMY.MIL 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 opportunity to participate in all site investigations. ________________________________________ Signature of appellant or agent. Date: Telephone number: For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: David E. 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. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester 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. Page 1 of 4 BACKGROUND INFORMATION $ REPORT COMPLETION DATE FOR PJD: 6 % NAME AND ADDRESS OF PERSON REQUESTING PJD: Allen, Phillip Person County Business and Industrial Center, Inc. P O Box 1824 Roxboro, NC 27573 DISTRICT OFFICE, FILE NAME, AND NUMBER: SAW, Person County Economic Development / Project Trace / Project Cronos / Country Club Road / Roxboro / industrial, SAW-2016-02542 &PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is limited to the area within the Limits of Disturbance (LOD) on the attached map entitled “Figure 6: Wetlands and Waters of the U.S. Delineation Map”, Sheet Nos. 1 and 2. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Person County City: Roxboro Center coordinates of site (lat/long in degree decimal format): Lat.: 36.478665o Long.: -78.99309o Universal Transverse Mercator: 17 Name of nearest waterbody: Marlowe Creek D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: Field Determination. Date(s): July 28, August 4, and August 5, 2016 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) Bored Stream 36.4711 -78.9967 86 feet Non-wetland waters Section 404 Stream S23 Site A 36.473 -78.9863 241 feet Non-wetland waters Section 404 Stream S32 Site A 36.4747 -78.9863 1203 feet Non-wetland waters Section 404 Stream S33 36.4762 -78.9884 1450 feet Non-wetland waters Section 404 Stream S34 36.475 -78.9872 85 feet Non-wetland waters Section 404 Stream S35 36.4747 -78.9872 139 feet Non-wetland waters Section 404 Stream S36 36.4759 -78.985 701 feet Non-wetland waters Section 404 Stream S37 36.4784 -78.9861 397 feet Non-wetland waters Section 404 Stream S39 36.4777 -78.9855 463 feet Non-wetland waters Section 404 Stream S43 36.4782 -78.9945 139 feet Non-wetland waters Section 404 Stream SM 36.4731 -78.994 1769 feet Non-wetland waters Section 404 Stream SO 36.476 -78.9957 548 feet Non-wetland waters Section 404 Stream SR 36.4749 -78.9936 1245 feet Non-wetland waters Section 404 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester 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. Page 2 of 4 Stream SS 36.4751 -78.9928 163 feet Non-wetland waters Section 404 Stream ST 36.4752 -78.9929 63 feet Non-wetland waters Section 404 Stream SU 36.4748 -78.9922 17 feet Non-wetland waters Section 404 Wetland W6 36.4756 -78.9877 0.597 acre Wetland Section 404 Wetland W7 Site A 36.4779 -78.9896 0.554 acre Wetland Section 404 Wetland WG 36.4765 -78.9954 0.026 acre Wetland Section 404 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester 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. Page 3 of 4 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: Date: 2020.08.06 12:11:07 -04'00'