20201533 Ver 1_RGL_08-02_App_A_Prelim_JD_Form_10152020_20201120

ATTACHMENT A
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD):November4,2020
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Jesse A Brown
Burns and McDonnell 3650 Mansell Rd, Suite 300, Alpharetta GA, 30022
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
Wilmington District - No file number assigned
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
Midland, NC
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT
SITES)
State: NC County/parish/borough: Cabarrus/Stanly City: Midland
Center coordinates of site (lat/long in degree decimal format):
Lat. 35.229236 ON; Long.-80.482468 OW.
Universal Transverse Mercator: 17 S 546988.43, E 3898625.49 N
Name of nearest waterbody: Rocky River
Identify (estimate) amount of waters in the review area:
Non -wetland waters:
6 linear feet: 1,263 width (ft) and/or acres.
Cowardln Class: Perennial and Intermittent
Stream Flow:
Wetlands: 0.8558 acres.
Cowardin Class: PFO and PEM
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal: N/A
Non -Tidal: N/A
1

E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL
APPLY):
0 Office (Desk) Determination. Date: May 28, 2020
0 Field Determination. Date(s): March 2-4, 2020 and April 20, 2020
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):
0 Maps, plans, plots or plat submitted by or on behalf of the
applicant/consultant:
0 Data sheets prepared/submitted by or on behalf of the
applicant/consultant.
0 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:
0 USGS NHD data
❑ USGS 8 and 12 digit HUC maps
❑ U.S. Geological Survey map(s). Cite scale & quad name:
0 USDA Natural Resources Conservation Service Soil Survey.
Citation:
0 National wetlands inventory map(s). Cite name: USGS, SSURGo, ESRI, PNG
❑ State/Local wetland inventory map(s):
0 FEMA/FIRM maps:
100-year Floodplain Elevation is:
(National Geodectic Vertical Datum of 1929)
0 Photographs: ❑✓ Aerial (Name & Date): 2020
Other (Name & Date): Site Photos, 2020
❑ Previous determination (s). File no. and date of response letter:
Other information (please specify): Resource Table (Attached)
or
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.
3

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 jurisdictional determinations.
Signature and date of
Regulatory Project Manager
(REQUIRED)
Digitally signed by Jesse A.
Jesse A. Brown Brown
Date: 2020.10.15 10:33:23-04'00'
Signature and date of
person requesting preliminary JD
(REQUIRED, unless obtaining
the signature is impracticable)
il

SAMPLE
Estimated
amount of
Class of
Site
Cowardin
number
Latitude
Longitude
Class
aquatic
aquatic
resource in
resource
review area
1
0.1 acre
Non -section 10
— non -wetland
2
100 linear feet
Non-section10
— wetland
3
15 square feet
Non -section 10
— wetland
4
0.01 acre
Non -section 10
— non -wetland