HomeMy WebLinkAbout20201618 Ver 1_Attachment C-SAW-2020-01933_20210218U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-01933 County: Cabarrus U.S.G.S. Quad: NC- Harrisburg
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Town of Harrisburg
Rob Donham
Address: 4100 Main Street. Ste 101
Harrisburg, NC 28075
Telephone Number: (704) 455-0728
E-mail: rdo nha nikharrisburgnc.org
Size (acres) 7
Nearest Waterway Mallard Creek
USGS HUC 03040105
Nearest Town Harrisburg
RiverBasin Upper Pee Dee
Coordinates Latitude:35.334735
Longitude:-80.667051
Location description: Project encompasses severalparcels in a sewer easement that starts just east of the Tall Tree Lane, and
Leatherwood Lane intersection, No rtheast to the confluence of Mallard Creek and Rocky River.
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appearto be waters onthe above described project area/property, thatmay be subjectto Section 404 ofthe Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been
delineated, and the delineation has beenverifiedby the Corps to be sufficiently accurate and reliable. The approximate boundaries
of these waters are shown on the enclosed delineation mapdated 1/18/2021. Therefore this preliminary jurisdiction determination
maybe used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of
impacts, compensatory mitigationrequirements, and other resource protection measures, a permit decision made on the basis of a
preliminary JD will treat a ll waters and wetlands that would be affected in anyway 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 requestan approved JD, which is an appealable
action, by contactingthe Corps district for further instruction.
❑ There appear to be waters on the above described project area/property, thatmay be subjectto Section 404 of the Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters
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 C WA/RHA
jurisdiction over allof the waters at the project area, which is not sufficiently accurate andreliable to support anenforceable
permit decision. We recommend that you have the waters 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 consultantto conduct a delineation that can
be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above describedproject area/property subjectto the permit
requirements of Section 10 of the Rivers andHarbors Act (RHA) (33 USC § 403) and Section 404 ofthe Clean WaterAct
(CWA)(33USC§ 1344). Unless there is a change in law or our published regulations, this determination maybe relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waterson the above described project area/property subjectto the permit requirements of Section 404 ofthe Clean
WaterAct(CWA)(33USC§ 1344). Unless there is a change in the law or our published regulations, this determination maybe
relied upon fora period notto exceed five years from the date ofthis notification.
❑ We recommend you have the waters on your project area/property delineated. As the Corps may notbe able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation thatcan be verified by
the Corps.
❑ The waters on yourproject area/property have been delineated and the delineation has beenverifiedby the Corps. The
approximate boundaries of these waters are shown onthe enclosed delineationmapdatedDATE. We strongly suggest youhave
this delineation surveyed. Upon completion, this surve/y should be reviewed and verified by the Corps. Once verified, this
SAW-2020-01933
survey will provide an accurate depiction of all areas subjectto CWA jurisdiction on your property which, provided there is no
change in the law or our published regulations, maybe relied upon for a periodnot to exceed five years.
❑ The waters have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official
identified below onDATE. Unless there is a change in the law or our published regulations, this determination maybe 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 subj ectto the
permit requirements of Section404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination maybe relied upon for a period notto exceed five years from the date of this notification.
❑ The property is located in one ofthe 20Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of CoastalMa nagement in Morehead City, NC, at (252) 808-2808 to determine their
requirements.
Placement of dredged or fill materialwithin waters of the US, in cludin g wetlands, without a Department ofthe Army permit may
constitute a violation of Section301 of the Clean WaterAct (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters ofthe 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
rega rdin g this determination and/or the Corps regulatory program, please contact Krystynka B Stygar at 252-545-0507 or
krystynka.b.stygar&gsace.army.mil.
C. Basis For Determination: Basis For Determination: Based on information submitted by the applicant
and available to the U.S. Army Corps of Engineers, the proiect area exhibits criteria for waters of the
U.S. as defined in 33 CFR 328, the 1987 Wetland Delineation Manual, and/or the Regional
Supplement to the 1987 Manual: Eastern Piedmont and Mountains v 2.0. See the Dreliminary
urisdictional determination form dated January 29, 2021 included in the file.
D. Remarks: See Delineation Map dated 1/18/2021, Named: Morehead West Sewer Project
E. Attention USDA Program Participants
This delineation/determinationhas been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may notbe 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 (1rhis information applies only to approvedjurisdictional determinations as indicated in B.
above)
This correspondence constitutesan approvedjurisdictional determination for the above described site. If you objectto this
determination, you may requestanadministrative appealunder Corps regulations at33 CFRPart 331. Enclosed you will find a
Notification ofAppealProcess (NAP) fact sheet andrequestfor appeal (RFA) form. Ifyonrequest 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
60Forsyth StreetSW,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, thatit meets the criteria for appeal
under 33 CFR part 331.5, andthat it has been received by the Division Office within 60 days ofthe date ofthe NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not apUlicable.
* *It is not necessary to submit anRFAform to the Division Office if you do not object to the determination in this correspondence."
Corps Regulatory Official: " L-aez
Date of JD:1/29/2021 ExpirationDate of JD: Not applicable
SAW-2020-01933
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:
Agent: Carolina Wetland Services, Inc
Megan Bollero
Address: 550 E. Westinghouse Blvd
Charlotte, NC 28273
Telephone Number: (757) 576-6433
E-mail: megankcws-inc.net
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Town of Harrisburg, Rob Donham File Number:SAW-2020-01933 Date:1/29/2021
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMITDENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
®
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies yourrights and options regarding an administrative appealof the above decision.
Additional information may be found at orhttp://www.usace.army.mil/Missions/CivilWorks/RegulatoryProaamandPermits.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 yourwork 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 appealthe permit, including its terms and conditions, and approved jurisdictionaldeterminations 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 yourright to appealthe permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a)modify the permit to address allof 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
evaluatingyour 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 appealthe 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 yourwork 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 appealthe permit, including its terms and conditions, and approved jurisdictionaldeterminations 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 appealthe declined permit underthe Corps of Engineers Administrative AppealProcess by completing Section II of
this form and sendingthe 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 appealthe denialof a permit underthe Corps of Engineers Administrative AppealProcess 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 orappealthe 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 appealthe approved JD.
• APPEAL: If you disagree with the approved JD, you may appealthe approved JD under the Corps of Engineers
Administrative AppealProcess 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 maybe appealed),
by contactingthe Corps district for further instruction. Also you may provide newinformation for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FORAPPEAL OROBJECTIONS: (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 appealis limited to a review of the administrative record, the Corps memorandum forthe
record of the appealconference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant northe Corps may add new information or analyses to the record.
However, you may provide additionalinformation 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/orthe
If you only have questions regarding the appealprocess you may
appealprocess you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Phillip Shannin, Administrative AppealReview Officer
Attn: Krystynka B Stygar
CESAD-PDO
Charlotte Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1 OM 15
8430 University Executive Park Drive, Suite 615
Atlanta, Georgia 30303-8801
Charlotte, NorthCarolina28262
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 appealprocess. You will be provided a 15-day
notice of any site investigation, and will have the opportunity to participate in all site investi yations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Krystynka B Stygar, 8430University Executive Park Drive, Suite
615, Charlotte NC 28262
For Permit denials, Proffered Permits and Approved JurzsdietionalDeterminationssend this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative
Appeal Officer, CE SAD-PDO, 60 Forsyth Street, Room 1 OM15, Atla nta, Georgia 30303-8801
Phone: (404) 562-5137
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 11/06/2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Town of Harrisburg, Rob Donham, 4100
Main Street, Ste 101, Harrisburg, NC 28075
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Morehead West Sewer
Project, SAW-2020-01933
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Project encompasses several parcels
in a sewer easement that starts just east of the Tall Tree Lane, and Leatherwood Lane intersection, Northeast
to the confluence of Mallard Creek and Rocky River.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Cabarrus City: Harrisburg
Center coordinates of site (lat/long in degree decimalformat): Latitude:35.334735 Longitude:-80.667051
Universal Transverse Mercator:
Name of nearestwaterbody: Mallard Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): January 5, 2021
TABLE OFAQUATIC RESOURCES INREVIEWAREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Site Number
Latitude
Longitude
Estimated
Type of aquatic
Geographic authority to
(decimal
(decimal
amountof
resources (i.e.,
which the aquatic
degrees)
degrees)
aquatic
wetland vs.
resource "may be"
resources in
non -wetland
subject (i.e., Section404
reviewarea
waters)
or Section 10/404)
(acreage and
linear feet, if
applicable
Wetland AA
35.331224
-80.670210
0.13 acre
Wetland
Section 404
Wetland CC
35.332288
-80.668719
0.005 acre
Wetland
Section 404
Wetland DD
35.332883
-80.667708
0.22 acre
Wetland
Section 404
Stream A
35.331164
-80.671082
64 LF
Non -wetland
Section 404
wate rs
Stream B
35.332229
-80.668885
48 LF
Non -wetland
Section 404
wate rs
Stream C
35.338022
-80.662868
60 LF
Non -wetland
Section 404
wate rs
Stream D
35.334735
-80.667051
313 LF
Non -wetland
Section 404
wate rs
Stream E
35.337850
-80.665503
62 LF
Non -wetland
Section 404
Waters
1. The Corps of Engineers believes that there may bejurisdictional 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 othergeneral 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 AID 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 subjectpermit 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 orjudicial 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/orthat there "maybe" navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could
be affectedby the proposed activity, based on the following information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative
record and are appropriately cited:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Delineation Map: Fig 8 Jurisdictional boundaries. Dated 2020
® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
® Office concurs with data sheets/delineation report.
❑ Office doesnotconcurwith data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
El Corps navigable waters' study:
El U.S. Geological Survey Hydrologic Atlas:
El USGS NHD data:
❑ USGS 8 and 12 digit HUC maps:
® U.S. Geological Survey map(s). Cite scale & quad name: Figure 2. USGS Topographic Map dated 2019
® Natural Resources Conservation Service Soil Survey. Citation: Figures 4 & 5, dated 2019 & 1988
®Nationalwetlands inventory map(s). Cite name: Figure 6 National wetland Inventory, dated 2019
❑ State/local wetland inventory map(s):
® FEMA/FIRM maps: Figure 7, FEMA national Flood hazard Map dated 2018
❑ 100-yearFloodplain Elevation is: (National Geodetic Vertical Datum of 1929)
®Photographs: ® Aerial (Name & Date):
or ® Other (Name & Date): Photos 1-10 dated sept 9, 2020
❑ Previous determination(s). File no. and date of response letter:
®Other information (please specify): NCSAM classification form (SCP1 & SCP2)
IMPORTANT NOTE: The information recorded on this form has not necessarily beenverified by the Corns
and should not be relied upon for later jurisdictional determinations.
Signature and date of Regulatory
staff member completing PJD
1/29/2021
Signature and date of person requesting PJD
(REQUIRED, unless obtainingthe signature is
impracticable)'
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respondwithin the established
time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action_
IN
G`
Wetland AA
Herbaceous: 0.09 acre
Forested: 0.04 acre
Intermittent Stream E
62 if
N I—
o'er * Z)p3
1 inch = 100 feet
J f
e
1 SCP4
1 inch = 100 feet
Intermittent Stream D
313 If
DP4
IN
REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY CABARRUS
COUNTY GIS DEPARTMENT, DATED 2020.
NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED
IN THE FIELD), CLASSIFIED, AND MAPPED USING ASUB-FOOT CAPABLE GPS
UNIT BY CWS, INC., ON SEPTEMBER 9, 2020. JURISDICTIONAL FEATURES WERE
FIELD VERIFIED BY THE USACE ON JANUARY 5, 2021 (SAW-2020-01933)
SCALE: DATE:
1 inch = 400 feet 1/18/2021
CWS PROJECT NO: DRAWN BY:
2020-0074 ALH
COORDINATES: CHECKED BY:
35.334735,-80.667051 AVH
Wetland BB J
0.04 acre /
Perennial Stream C
(Rocky River)
60 If
Perennial Stream B 1 ---1
48 If Wetland CC
0.005 acre
S CP2
Wetland DID
0.22 acre
[N]
A SCP1
A
1 inch = 75 feet
TIntermittent Stream A
464Iff 400 200 0
11
CARO LI NA
WETLAND SERVICES
�
N
I
1 inch = 50 feet)
Legend
QProject Limits (7 ac.)
• Intermittent Stream
Perennial Stream
® Herbaceous Wetland
® Forested Wetland
Culvert
Roads
Tax Parcels
SDP Data Point
♦ SCP Stream Classification Point
< Indicates Flow
NPhoto Location and Direction
400 Feet
FIGURE NO.
Jurisdictional Boundaries
Morehead West Sewer Project
Cabarrus County
Harrisburg, North Carolina 8
G:\Shared drives\Consulting Team Drive\2020\2020 Consulting Projects\2020-0074 Morehead West Sewer\JD\Updates Per UASCE Site Visit\Figure8_JD.mxd