R-2597_PrelimJDForm_revised

PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD):
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
North Carolina Department of Transportation; Natural Environment Section;
1598 Mail Service Center; Raleigh, NC 27699 -1598
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
US 221 Improvements from North of SR 1366 to US 221/NC 226
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES)
State: NC County /parish /borough: Rutherford & McDowell City:
Center coordinates of site (lat /long in degree decimal format):
Lat. 35.458631 N, Long. 81.978307 W.
Universal Transverse Mercator:
Name of nearest waterbody: Mountain Creek, Cathey's Creek, Second Broad River, Scrub
Grass Branch, Stanfords Creek, Goose Creek, North Muddy Creek, Hicks Branch, Corpening Creek,
Youngs Fork
Identify (estimate) amount of waters in the review area:
Non - wetland waters: 18633 linear feet, width (ft), and /or acres.
Cowardin Class: Riverine /Lacustrine
Stream Flow: Intermittent /Perennial
Wetlands: o.91 acres.
Cowardin Class: Emergent /Forested
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): 08/02/2012 and 09/27/2012
1

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
"may be" 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:
2

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:
Attached.
® 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: 1:24000; Rutherfordton
North, Glenwood, Marion East .
❑ 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 Geodetic Vertical Datum of
1929)
® Photographs: ® Aerial (Name & Date): Statewide Orthoimagery from CGIA, 2010.
or ❑ Other (Name & Date):
® Previous determination(s). File no. and date of response letter: 200431349, March
22, 2005.
❑ Other information (please specify):
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)
3
Signature and date of
person requesting preliminary JD
(REQUIRED, unless obtaining
the signature is impracticable)