HomeMy WebLinkAbout20210695 Ver 1_Meeting Request Review Doc Attachment_20210406 (3)Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A.REPORT COMPLETION DATE FOR PJD:
B.NAME AND ADDRESS OF PERSON REQUESTING PJD:
C.DISTRICT OFFICE, FILE NAME, AND NUMBER:
D.PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: County/parish/borough: City:
Center coordinates of site (lat/long in degree decimal format):
Lat.:Long.:
Universal Transverse Mercator:
Name of nearest waterbody:
E.REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
Field Determination. Date(s):
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)
See Attached See Attached See Attached See Attached See Attached See Attached
May 2020
Undrea J. Major, NCDOT Rail Division, 1 South Wilmington Street, Raleigh, NC
Wilmington District, P-5740 CSX Rail Realignment and Upgrades, City of Navassa and Wilmington, Brunswick and New Hanover Counties, NC
NC New Hanover and Brunswick Navassa and Wilmington
34.245922 -77.910435
18N 232523 Easting 3193241 Northing
Cape Fear River
8/20/2020
8/11/2020
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:
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: ________________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
Data sheets prepared/submitted by or on behalf of the PJD requestor.
Office concurs with data sheets/delineation report.
Office does not concur with data sheets/delineation report. Rationale: _______BBBBBBBBBBBB.
Data sheets prepared by the Corps:________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
Corps navigable waters’ study: ____________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
U.S. Geological Survey Hydrologic Atlas: ________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
USGS NHD data.
USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name: _________BBBBBBBBBBBBBBBBBBBBBB.
Natural Resources Conservation Service Soil Survey. Citation: __________BBBBBBBBBBBBBBBBB.
National wetlands inventory map(s). Cite name: ________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
State/local wetland inventory map(s): ____________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
FEMA/FIRM maps: ________________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
100-year Floodplain Elevation is: ____BBBBBBBBBBBB.(National Geodetic Vertical Datum of 1929)
Photographs: Aerial (Name & Date): ______BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
or Other (Name & Date): ______BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
Previous determination(s). File no. and date of response letter: __________BBBBBBBBBBBBBBBB.
Other information (please specify): ______________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB.
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 Signature and date of
Regulatory staff member person requesting PJD
completing PJD (REQUIRED, unless obtaining
the signature is impracticable)
1
1 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor 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.
■
Included in packet
Castle Hayne and Wilmington 1:24K USGS Topo Quad
USDA-NRCS
USFWS-NWI
Date: 2018, Panels - 3106, 3107, 3108, 3109, 3116, 3117, 3118, 3119, 3126, 3127, 3128, 3129, 3136, 3137, 3138, 3139
ESRI Aerials Basemapping 2017
Digitally signed by Jackson Mathis
Date: 2020.06.15 16:42:26 -04'00'
Digitally signed by
SHAVER.BRAD.E.1276601756
Date: 2020.08.21 08:29:00
-04'00'
Site Number Lat Long Estimated Amount of Aquatic Resource in Review Area Type of Aquatic Resource Geographic Authority to Which the Aquatic Resource "May Be" SubjectBurnt Mill Creek 34.2495 -77.9291 125.79 non-wetland waters Section 10/404Burnt Mill Creek 34.2305 -77.9073 52.50 non-wetland waters Section 10/404Cape Fear River 34.2596 -77.9883 216.51 non-wetland waters Section 10/404Northeast Cape Fear River 34.2589 -77.9497 220.80 non-wetland waters Section 10/404SA 34.2624 -77.9802 222.16 non-wetland waters Section 404SB 34.2611 -77.9695 293.09 non-wetland waters Section 404SC 34.2578 -77.9444 128.18 non-wetland waters Section 404SD 34.2577 -77.9448 438.55 non-wetland waters Section 404SE 3ϰ.2526 -77.9353 654.54 non-wetland waters Section 404SF 34.2460 -77.9108 101.14 non-wetland waters Section 404SG 34.2458 -77.9099 100.28 non-wetland waters Section 404SH 34.2401 -77.8981 1082.03 non-wetland waters Section 404SI 34.2388 -77.8959 103.68 non-wetland waters Section 404SJ 34.2346 -77.8988 105.47 non-wetland waters Section 404SK 34.2296 -77.9110 21.84 non-wetland waters Section 404Toomers Creek 34.2623 -77.9838 151.80 non-wetland waters Section 10/404WA 34.2614 -77.9859 1.08 wetland Section 404WB 34.2613 -77.9856 2.01 wetland Section 404WC 34.2625 -77.9823 1.42 wetland Section 404WD 34.2623 -77.9820 1.27 wetland Section 404WE 34.2624 -77.9797 0.20 wetland Section 404WF 34.2617 -77.9742 3.26 wetland Section 404WG 34.2616-77.9751 4.60 wetland Section 404WH 34.2613 -77.9696 0.03 wetland Section 404WI 34.2607 -77.9652 3.01 wetland Section 404WJ 34.2605 -77.9650 6.96 wetland Section 404WK 34.2602 -77.9603 1.32 wetland Section 404WL 34.2599 -77.9585 3.14 wetland Section 404WM 34.2580 -77.9446 0.05 wetland Section 404WN 34.2580 -77.9452 0.01 wetland Section 404WO 34.2579 -77.9449 0.001 wetland Section 404WP 34.2575 -77.9445 0.005 wetland Section 404WQ 34.2511 -77.9336 0.12 wetland IsolatedWR 34.2494 -77.9290 1.17 wetland Section 404WS 34.2456 -77.9094 0.41 wetland Section 404WT 34.2397 -77.8974 0.53 wetland Section 404WU 34.2393 -77.8966 0.04 wetland Section 404WV 34.2385 -77.8959 0.09 wetland Section 404
EXHIBIT 3-1M&N Project No.Title:Client:Approved By:Date:Drawn By:MLHJRMMLH10436-02Project:Checked By:^Site LocationPOTENTIAL WATERSOF THE US MAPLegendSite BoundaryPotential Waters of the U.S. (Wetlands)Wetlands - 30.74 acPotential Waters of the U.S. (Rivers, Streams, Tribs)River - 437.31 LFStream - 1,718.15 LFTributary - 1871.99 LF1 in = 433 ft8/17/2020³WILMINGTON BELTLINEUPGRADESWILMINGTON, NC34.257881, -77.944846M&N PERFORMED A WOTUS DELINEATION AND GPS LOCATING ON 04 MAY 2020. M&N’sDELINEATION HAS NOT BEEN VERIFIED BY THE USACE OR THE NCDWR. OUR FINDINGS HAVE NOTBEEN SURVEYED AND OUR EXHIBITS DO NOT REPRESENT A SURVEY. THIS EXHIBIT SHOULD BEUSED FOR PRELIMINARY PLANNING PURPOSES. STATE BUFFERS ARE NOT APPLICABLE.HOWEVER, LOCAL STREAM/STORMWATER BUFFER REQUIREMENTS ARE APPLICABLE. LOCALBUFFER AND STORMWATER REQUIREMENTS ARE NOT DEPICTED ON THIS EXHIBIT.
Cape F
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r Toomers CWBWAEXHIBIT 3-2M&N Project No.Title:Client:Approved By:Date:Drawn By:MLHJRMMLH10436-02Project:Checked By:^Site LocationPOTENTIAL WATERSOF THE US MAPLegendSite BoundaryPotential Waters of the U.S. (Wetlands)Wetlands - 30.74 acPotential Waters of the U.S. (Rivers, Streams, Tribs)River - 437.31 LFStream - 1,718.15 LFTributary - 1871.99 LF1 in = 433 ft8/17/2020³WILMINGTON BELTLINEUPGRADESWILMINGTON, NC34.257881, -77.944846M&N PERFORMED A WOTUS DELINEATION AND GPS LOCATING ON 04 MAY 2020. M&N’sDELINEATION HAS NOT BEEN VERIFIED BY THE USACE OR THE NCDWR. OUR FINDINGS HAVE NOTBEEN SURVEYED AND OUR EXHIBITS DO NOT REPRESENT A SURVEY. THIS EXHIBIT SHOULD BEUSED FOR PRELIMINARY PLANNING PURPOSES. STATE BUFFERS ARE NOT APPLICABLE.HOWEVER, LOCAL STREAM/STORMWATER BUFFER REQUIREMENTS ARE APPLICABLE. LOCALBUFFER AND STORMWATER REQUIREMENTS ARE NOT DEPICTED ON THIS EXHIBIT.
Fear RiverToomers CreekWCWBWAWDSAWEWGWFEXHIBIT 3-3M&N Project No.Title:Client:Approved By:Date:Drawn By:MLHJRMMLH10436-02Project:Checked By:^Site LocationPOTENTIAL WATERSOF THE US MAPLegendSite BoundaryPotential Waters of the U.S. (Wetlands)Wetlands - 30.74 acPotential Waters of the U.S. (Rivers, Streams, Tribs)River - 437.31 LFStream - 1,718.15 LFTributary - 1871.99 LF1 in = 433 ft8/17/2020³WILMINGTON BELTLINEUPGRADESWILMINGTON, NC34.257881, -77.944846M&N PERFORMED A WOTUS DELINEATION AND GPS LOCATING ON 04 MAY 2020. M&N’sDELINEATION HAS NOT BEEN VERIFIED BY THE USACE OR THE NCDWR. OUR FINDINGS HAVE NOTBEEN SURVEYED AND OUR EXHIBITS DO NOT REPRESENT A SURVEY. THIS EXHIBIT SHOULD BEUSED FOR PRELIMINARY PLANNING PURPOSES. STATE BUFFERS ARE NOT APPLICABLE.HOWEVER, LOCAL STREAM/STORMWATER BUFFER REQUIREMENTS ARE APPLICABLE. LOCALBUFFER AND STORMWATER REQUIREMENTS ARE NOT DEPICTED ON THIS EXHIBIT.
WGWFSBWHEXHIBIT 3-4M&N Project No.Title:Client:Approved By:Date:Drawn By:MLHJRMMLH10436-02Project:Checked By:^Site LocationPOTENTIAL WATERSOF THE US MAPLegendSite BoundaryPotential Waters of the U.S. (Wetlands)Wetlands - 30.74 acPotential Waters of the U.S. (Rivers, Streams, Tribs)River - 437.31 LFStream - 1,718.15 LFTributary - 1871.99 LF1 in = 433 ft8/17/2020³WILMINGTON BELTLINEUPGRADESWILMINGTON, NC34.257881, -77.944846M&N PERFORMED A WOTUS DELINEATION AND GPS LOCATING ON 04 MAY 2020. M&N’sDELINEATION HAS NOT BEEN VERIFIED BY THE USACE OR THE NCDWR. OUR FINDINGS HAVE NOTBEEN SURVEYED AND OUR EXHIBITS DO NOT REPRESENT A SURVEY. THIS EXHIBIT SHOULD BEUSED FOR PRELIMINARY PLANNING PURPOSES. STATE BUFFERS ARE NOT APPLICABLE.HOWEVER, LOCAL STREAM/STORMWATER BUFFER REQUIREMENTS ARE APPLICABLE. LOCALBUFFER AND STORMWATER REQUIREMENTS ARE NOT DEPICTED ON THIS EXHIBIT.
SBWHWIWJWKWJEXHIBIT 3-5M&N Project No.Title:Client:Approved By:Date:Drawn By:MLHJRMMLH10436-02Project:Checked By:^Site LocationPOTENTIAL WATERSOF THE US MAPLegendSite BoundaryPotential Waters of the U.S. (Wetlands)Wetlands - 30.74 acPotential Waters of the U.S. (Rivers, Streams, Tribs)River - 437.31 LFStream - 1,718.15 LFTributary - 1871.99 LF1 in = 433 ft8/17/2020³WILMINGTON BELTLINEUPGRADESWILMINGTON, NC34.257881, -77.944846M&N PERFORMED A WOTUS DELINEATION AND GPS LOCATING ON 04 MAY 2020. M&N’sDELINEATION HAS NOT BEEN VERIFIED BY THE USACE OR THE NCDWR. OUR FINDINGS HAVE NOTBEEN SURVEYED AND OUR EXHIBITS DO NOT REPRESENT A SURVEY. THIS EXHIBIT SHOULD BEUSED FOR PRELIMINARY PLANNING PURPOSES. STATE BUFFERS ARE NOT APPLICABLE.HOWEVER, LOCAL STREAM/STORMWATER BUFFER REQUIREMENTS ARE APPLICABLE. LOCALBUFFER AND STORMWATER REQUIREMENTS ARE NOT DEPICTED ON THIS EXHIBIT.
WKWLWJNortheast Cape Fear River EXHIBIT 3-6M&N Project No.Title:Client:Approved By:Date:Drawn By:MLHJRMMLH10436-02Project:Checked By:^Site LocationPOTENTIAL WATERSOF THE US MAPLegendSite BoundaryPotential Waters of the U.S. (Wetlands)Wetlands - 30.74 acPotential Waters of the U.S. (Rivers, Streams, Tribs)River - 437.31 LFStream - 1,718.15 LFTributary - 1871.99 LF1 in = 433 ft8/17/2020³WILMINGTON BELTLINEUPGRADESWILMINGTON, NC34.257881, -77.944846M&N PERFORMED A WOTUS DELINEATION AND GPS LOCATING ON 04 MAY 2020. M&N’sDELINEATION HAS NOT BEEN VERIFIED BY THE USACE OR THE NCDWR. OUR FINDINGS HAVE NOTBEEN SURVEYED AND OUR EXHIBITS DO NOT REPRESENT A SURVEY. THIS EXHIBIT SHOULD BEUSED FOR PRELIMINARY PLANNING PURPOSES. STATE BUFFERS ARE NOT APPLICABLE.HOWEVER, LOCAL STREAM/STORMWATER BUFFER REQUIREMENTS ARE APPLICABLE. LOCALBUFFER AND STORMWATER REQUIREMENTS ARE NOT DEPICTED ON THIS EXHIBIT.
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erSC SDSmith CreekMartiWNWOWPWMEXHIBIT 3-7M&N Project No.Title:Client:Approved By:Date:Drawn By:MLHJRMMLH10436-02Project:Checked By:^Site LocationPOTENTIAL WATERSOF THE US MAPLegendSite BoundaryPotential Waters of the U.S. (Wetlands)Wetlands - 30.74 acPotential Waters of the U.S. (Rivers, Streams, Tribs)River - 437.31 LFStream - 1,718.15 LFTributary - 1871.99 LF1 in = 433 ft8/17/2020³WILMINGTON BELTLINEUPGRADESWILMINGTON, NC34.257881, -77.944846M&N PERFORMED A WOTUS DELINEATION AND GPS LOCATING ON 04 MAY 2020. M&N’sDELINEATION HAS NOT BEEN VERIFIED BY THE USACE OR THE NCDWR. OUR FINDINGS HAVE NOTBEEN SURVEYED AND OUR EXHIBITS DO NOT REPRESENT A SURVEY. THIS EXHIBIT SHOULD BEUSED FOR PRELIMINARY PLANNING PURPOSES. STATE BUFFERS ARE NOT APPLICABLE.HOWEVER, LOCAL STREAM/STORMWATER BUFFER REQUIREMENTS ARE APPLICABLE. LOCALBUFFER AND STORMWATER REQUIREMENTS ARE NOT DEPICTED ON THIS EXHIBIT.SCSDWNWOWPWM
Smith CreekMartin Luther King Jr PkwySESEEXHIBIT 3-8M&N Project No.Title:Client:Approved By:Date:Drawn By:MLHJRMMLH10436-02Project:Checked By:^Site LocationPOTENTIAL WATERSOF THE US MAPLegendSite BoundaryPotential Waters of the U.S. (Wetlands)Wetlands - 30.74 acPotential Waters of the U.S. (Rivers, Streams, Tribs)River - 437.31 LFStream - 1,718.15 LFTributary - 1871.99 LF1 in = 433 ft8/17/2020³WILMINGTON BELTLINEUPGRADESWILMINGTON, NC34.257881, -77.944846M&N PERFORMED A WOTUS DELINEATION AND GPS LOCATING ON 04 MAY 2020. M&N’sDELINEATION HAS NOT BEEN VERIFIED BY THE USACE OR THE NCDWR. OUR FINDINGS HAVE NOTBEEN SURVEYED AND OUR EXHIBITS DO NOT REPRESENT A SURVEY. THIS EXHIBIT SHOULD BEUSED FOR PRELIMINARY PLANNING PURPOSES. STATE BUFFERS ARE NOT APPLICABLE.HOWEVER, LOCAL STREAM/STORMWATER BUFFER REQUIREMENTS ARE APPLICABLE. LOCALBUFFER AND STORMWATER REQUIREMENTS ARE NOT DEPICTED ON THIS EXHIBIT.