20110182 Ver 1_Application_20110223

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
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EUGF, ,,E A. CONTI, JR.
SECRETARY
Asheville Regulatory Field Office r
US Army Corps of Engineers ®?
Attn: Ms. Liz Hair
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Subject: Union County - Relocation of Weddington School Road (U-2510B)
WBS Element No. W022260
Dear Ms. Hair:
The North Carolina Department of Transportation (NCDOT) proposes to improve the
safety and service level of the intersection located at Weddington School Road and Old
Providence Road (NC 16) in Union County by relocating Weddington School Road
further south of the NC 84 intersection.
In order to construct this project there will be impacts to open water as well as a
headwater forest. The NCDOT proposes to fill 0.320 acre of a man-made pond (Varda
Lake) and 0.075 acre of headwater forest wetland. Varda Lake overflows into a tributary
to Six-Mile Creek, a Class C water located within the Catawba River Basin, Hydrologic
Unit 03050103.
The NCDOT anticipates that this project will be authorized under a Section 404
Nationwide Permit No. 14 and, by way of this letter, we are requesting authorization
from the North Carolina Division of Water Quality to utilize the corresponding 401
Water Quality Certification GC3820.
If you have any questions or need any additional information regarding this request,
please contact Mr. Larry Thompson, Division Environmental Supervisor, at (704) 982-
0101. Thank you for your assistance.
Sincerely,
,,AA Barry S. Moose, PE
Division Engineer
BSM/LBT
716 West Main Street, Albemarle, NC 28001 9 [phone] • Fax [phone]
BEVERLY EAVES PERDUE
GOVERNOR
February 21, 2011
cc: Ms. Polly Lespinasse, NCDWQ
Mr. Randy Bowers, DDC
Mr. Phil Suggs, FOE
Mr. Larry Thompson, DES
File
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y
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O Y
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.0 November 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1a . Type(s) of approval sought from the
Corps:

Section 404 Permit El Section 10 Permit
I
1b . Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number:
1c . Has the NWP or GP number been verified by the Corps? ? Yes ® No
1d . Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
le . Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ® No
If. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ? No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Waddington School Road
2b. County: Union
2c. Nearest municipality / town: Waddington
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state
project no: U-25106 (W02260)
3. Owner Information
3a. Name on Recorded Deed:
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable):
3d. Street address:
3e. City, state, zip:
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Page 1 of 12
PCN Form - Version 1.0 November 2008 Version
Section A. Applicant Information, continued
4. Applicant Information (if different from owner)
4a. Applicant is: ® Agent ? Other, specify:
4b. Name: Barry S. Moose, PE
4c. Business name
(if applicable):
NC Department of Transportation
4d. Street address: 716 W. Main Street
4e. City, state, zip: Albemarle, NC 28001
4f. Telephone no.: 704-982-0101
4g. Fax no.: 704-982-3146
4h. Email address: [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name:
51b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2 of 12
PCN Form - November 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 06150039
1 b. Site coordinates (in decimal degrees): 35.019069'N - 80.765042'W
1c. Property size: 1.77 (ROW area for project) - Parcel Size is 15.81 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project:
Varda Lake - tributary to Six Mile Creek
2b. Water Quality Classification of nearest receiving water: C
2c. River basin: Catawba
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The project area is located within the Town of Weddington. The proposed new location of Weddington School Road
would be on property that is currently owned by Weddington United Methodist Church, Inc. There is a day school that is
located adjacent to the project, a man-made pond that the roadway would cross and a cellular tower located near the
northwest corner of the parcel. The majority of the project area has been previously impacted and is vegetated with
recessional growth. There is a headwater forest that has developed around the fringe of the man-made pond and a
mature pine forest that is located at southeast corner of the parcel adjacent to Old Providence Road (NC 16).
3b. List the total estimated acreage of all existing wetlands on the property:
0.235 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
0
3d. Explain the purpose of the proposed project:
The proposed project will provide better separation of the Weddington Church Road intersection and the NC 84
Intersection, and eliminate the public road through the center of Weddington United Methodist Church's campus, where
the church operates a school with several hundred students.
General purpose traffic from Weddington Church road tends to cut through the campus to access NC 16 at the Church's
drive opposite of the NC 84 intersection, where there is a signal. The realignment will allow enough separation between
NC 84 and Weddington Church Road for a signal to be installed at Weddington Church Road and will separate general
purpose traffic from the School traffic within the church/school's campus area. The church's access at the NC 16/NC 84
signal will become ingress only. This will allow for reduced phasing at the signal, thus allowing that intersection to
operate more efficiently.
This project was originally planned and designed by NCDOT's Roadway Design Unit and reviewed in a public hearing on
July 22, 2003 where it received support to move forward by the community. Division 10 has modified the original
Roadway Design plans to reduce the weltand impacts associated with the project.
3e. Describe the overall project in detail, including the type of equipment to be used:
This project will be constructed on new location and will require that a rock causeway (with pipe) be constructed across
Varda Lake. The rock causeway will be constructed with a 1.5:1 shoulder slope in an effort to reduce impacts to open
water and wetlands. The project area will be graded with erosion control measures being installed simultaneously. A
roadway base will be constructed using clean fill material and washed stone and a final surface layer of asphalt will be
added. Construction equipment will consist of trackhoes, bulldozer, motor grader, dump trucks, vibratory roller and
paving equipment.
Page 3 of 12
PCN Form - Version 1.0 November 2008 Version
B. Project Information and Prior Project History
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
® Yes ? No ? Unknown
4b. If the Corps made the jurisdictional determination, what type
.of determination was made? ? Preliminary ? Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Polly Lespinasse Agency/Consultant Company:
Other: NC Division of Water Quality
4d. If yes, list the dates of the Corps jurisdictional determinations o
July 20, 2010 r State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? ? Yes ®No ? Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? ? Yes ®No
6b. If yes, explain.
Page 4 of 12
PCN Form - November 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
la. Which sections were completed below for your project (check all that apply):
® Wetlands ? Streams - tributaries ? Buffers
® Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number- Type of Type of wetland Forested (Corps - 404, Area of impact (acres)
Permanent (P) or impact (if known) DWQ - non-404, other)
Temporary
W1 ®P ? T Fill Headwater Forest ® Yes ? No ® Corps
® DWQ 0.075 acres
W2 ? P ? T ? Yes ? No ? Corps
? DWQ
W3 El P F-1 T E] Yes ? No El Corps
? DWQ
W4 ? P ? T ? Yes ? No ? Corps
? DWQ
W5 ? P ? T ? Yes ? No E:1 Corps
? DWQ
W6 El P ? T El Yes E] No ? Corps
? DWQ
2g. Total wetland impacts 0.075 acres
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f.
Stream impact Type of Stream name Perennial (PER) or Average stream width (feet) Impact
number- impact intermittent(INT)? length
Permanent (P) or (linear feet)
Temporary (T)
S1 ? P ? T ? PER ? INT
S2 ? P ? T ? PER ? INT
S3 ? P ? T ? PER ? INT
S4 ? P ? T ? PER ? INT
S5 ? P ? T ? PER ? INT
S6 ? P ? T ? PER ? INT
3g. Total stream and tributary impacts
3h. Comments:
Page 5 of 12
PCN Form - Version 1.0 November 2008 Version
C. Proposed Impacts Inventory, continued
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual) list all o en water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of
impact number waterbody Type of impact Waterbody type Area of impact (acres)
- Permanent (if
(P) or applicable)
Temporary
01 ®P ? T Varda Lake Fill - Causeway Pond 0.320 acres
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts 0.320 acres
4g. Comments:
Page 6 of 12
PCN Form - November 2008 Version
C. Proposed Impacts Inventory, continued
5. Pond.or Lake Construction
If and or lake construction pro osed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or (acres)
number purpose of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
6f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWC)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then ou MUST fill out Section D of this form.
6a.
? Neuse ?Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
61b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact (square Zone 2 impact
Permanent (P) for impact Stream name mitigation feet) (square feet)
or Temporary required?
T
B1 ?P?T ?Yes ?No
B2 ? PEI T ? Yes ? No
B3 ?P?T ?Yes ?No
6h. Total buffer impacts
6i. Comments:
Page 7 of 12
PCN Form - November 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The Division has shifted the roadway alignment further south of the original NCDOT Roadway Design Unit's proposal in
order to reduce the amount of headwater forest impacts. The original alignment proposed by our Roadway Unit would
have impacted 0.20 acre of wetland versus the proposed 0.075 acre that is proposed. The currently proposed alignment
has reduced wetland impacts by 38%.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The proposed causeway will be constructed with 1.5:1 shoulder slopes to minimize the proposed impacts (NCDOT
Hydraulics Unit has specfied a minimum causeway pipe size of 42-inches to maintain hydraulic connectivity).
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ® Yes ? No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ® Corps

2c.
If yes, which mitigation option will be used for this

project? ? Mitigation bank

®Payment to in-lieu fee program

? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ® Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: warm, cool, cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: 0.150 acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h.. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 8 of 12
PCN Form - Version 1.0 November 2008 Version
D. Impact Justification and Mitigation, continued
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) -required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ®No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone Reason for impact Total impact
(square feet) Multiplier Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
Total buffer mitigation required:
6c. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6d. Comments:
Page 9 of 12
PCN Form - November 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1b. If yes, then is a diffuse flow plan included? ? Yes ? No
2. Determination if the Project Re uires a Stormwater Management Plan
2a. Does the project require a Non-404 Jurisdictional General Permit? ? Yes ® No
2b. Is the project subject to General Certification 3704 or 3705? ? Yes ® No
3. Determination of Stormwater Review Jurisdiction
3a. Is this project subject to any of the following state-implemented stormwater ? Coastal counties
management programs (check all that apply)? . ? HOW
? ORW
If so, attach one copy of the approval letter from the DWQ and one copy of the ? Session Law 2006-246
approved stormwater management plan. ® Other: NCDOT NCS000250
3b. In which local government's jurisdiction is this project? Union County
3c. Is this local government certified to implement a state stormwater program? ? Yes ® No
If so, attach one copy of the approval letter from the local government and one copy
of the approved stormwater management plan (or one copy of the approved
Stormwater management plan stamped as approved).
4. I nformation Required for DWQ 401 Unit Stormwater Review
4a. What is the overall percent imperviousness according to the most current site plan. 4% increase in impervious area
(compared to parcel size
4b. Does this project contain any areas that meet the criteria for "high density" per ? Yes ® No
General Certifications 3704 and 3705?
4c. If the site is over 24% impervious and/or contains high density areas, then provide a brief narrative description of the
stormwater management plan.
4d. Has a completed BMP Supplement Form with all required items been submitted ? Yes ® No
for each stormwater BMP?
Page 10 of 12
PCN Form - Version 1.0 November 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No
use of public (federal/state) land?
1b. If you answered yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ? Yes ? No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H.0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ®No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Page 11 of 12
PCN Form -Version 1.0 November 2008 Version
F. Supplementary Information, continued
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?

Raleigh
?
Sc. If yes, indicate the USFWS Field Office you have contacted.
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Natural Heritage GIS data layer and a field review conducted by NCDOT biologists.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
South Atlantic Fishery Management Council
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ®No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NCDOT GIS data layer and National Register of Historic Places
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ®No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? North Carolina Floodplain Mapping Program

Barry S. Moose, PE
z7?*00
-00
02-21-11
Applicant/Agent's Printed Name Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant Date
is provided.)
Page 12 of 12
PCN Form - November 2008 Version
A r?
stem
E aorement
PROGRAM
February 15, 2011
Mr. Larry Thompson
Division 10 Environmental Supervision
North Carolina Department of Transportation
716 West Main Street
Albemarle, North Carolina 28001
Dear Mr. Thompson:
Subject: EEP Mitigation Acceptance Letter:
U-2510B, Weddington School Road Relocation, Union County
The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide the
compensatory riparian wetland mitigation for the subject project. Based on the information supplied by you on
February 11, 2011, the impacts are located in CU 03050103 of the Catawba River Basin in the Southern Piedmont
(SP) Eco-Region, and are as follows:
Catawba Stream Wetlands Buffer (Sq. Ft.)
03050103
Cold
Cool
Warm
Riparian Non- Coastal
Zone 1
Zone 2
SP Riparian Marsh
Impacts (feet/acres) 0 0 0 0.075 0 0 0 0
Mitigation Units 0 0 0 0.150 0 0 0 0
(Credits-up to 2:1)
EEP commits to implementing sufficient compensatory riparian wetland mitigation credits to offset the
impacts associated with this project in accordance with the N.C. Department of Environment and Natural Resources'
Ecosystem Enhancement Program In-Lieu Fee Instrument dated July 28, 2010 and consistent with the Guidance
for Expanded Service Area for Mitigating Impacts within the Lower Catawba River Basin adopted by the
PACG-TC on September 12, 2006, and renewed on October 8, 2008. If the above referenced impact amounts
are revised, then this mitigation acceptance letter will no longer be valid and a new mitigation acceptance letter will
be required from EEP.
If you have any questions or need additional information, please contact Ms. Beth Harmon at 919-715-
1929.
Since
William . Gilmore, P.E.
EEP Director
cc: Ms. Liz Hair, USACE - Asheville Regulatory Field Office
Mr. Brian Wrenn, Division of Water Quality, Wetlands/401 Unit
Mr. Greg Thorpe, Ph.D., NCDOT - PDEA
File: U-2510B
Rt storr?t9... EghA ... Protectirr? 0" Stag
&Lm-? ?
®?n
ENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
ATTACHMENT
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD):
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Barry S. Moose, PE
NC Department of Transportation
716 W. Main Street
Albemarle. NC 28001
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
Weddington School Road
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES
AT DIFFERENT SITES)
State:NC County/parish/borough: Union County City: Weddington
Center coordinates of site (lat/long in degree decimal format):
Lat. 35.019069° N, Long. 80.765042° W.
Universal Transverse Mercator: 17
Name of nearest waterbody: Varda Lake
Identify (estimate) amount of waters in the review area:
Non-wetland waters: Pond linear feet: width (ft) and/or 0.555 acres.
Cowardin Class: Palustrine aquatic
Stream Flow:
Wetlands: 0.32 acres.
Cowardin Class: NCWAM = Headwater Forest
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal:
Non-Tidal:
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY):
? Office (Desk) Determination. Date:
? Field Determination. Date(s)
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:
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
applicant/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:1:24,000 -
Weddington.
® USDA Natural Resources Conservation Service Soil Survey. Citation:
? National wetlands inventory map(s). Cite name:
? State/Local wetland inventory map(s):
? FEMA/FIRM maps:
? 100-year Floodplain Elevation is:
(National Geodectic Vertical Datum
of 1929)
® Photographs: ? Aerial (Name & Date): Weddington 2007.
or ? Other (Name & Date):
? Previous determination(s). File no. and date of response letter:
® Other information (please specify):NCDWQ site visit 07-20-10.
later jurisdictional determinations.
Signature and date of
Regulatory Project Manager
(REQUIRED)

Signature and date of
person requesting preliminary JD
(REQUIRED, unless obtaining
the signature is impracticable)
SAMPLE
Estimated
Site
number
Latitude
Longitude Cowardin
Class amount of
aquatic
resource in Class of
aquatic
resource
review area
1 Palustrine 0.555 acre section 10 -
non-tidal
2 Headwater 0.320 acre non-section 10
Forest - wetland
NCWAM

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