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HomeMy WebLinkAbout20210513 Ver 1_SAW-2020-0153 JD_20210430Requestor: Address: Telephone Number: E-mail: Property Owner: Address: Telephone Number: E-mail: Size (acres) Nearest Waterway USGS HUC U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-01531 County: Alamance U.S.G.S. Quad: NC- Gibsonville NOTIFICATION OF JURISDICTIONAL DETERMINATION Timmons Lauren Norris -Heflin 5410 Trinity Road, Suite 102 Raleigh, NC 27607 919-866-4983 Lauren. no rris-heflin(a(timmons.com Carolyn Y. Pulley 1431 Kirkpatrick Road Burlington, NC 27215 336-229-5457 cy2pulley4,yahoo.com 79.8 Nearest Town Elon Travis Creek River Basin Cape Fear 03030002 Coordinates L atitude: 36.12478 Longitude: -79.5264 Location description: The Manning Avenue Site is located on the east side of Gibsonville-Ossippee Road, north of its intersection with North Manning Avenue, north of the Towns of Gibsonville and Elon, in Alamance County, NC. Indicate Which of the Following Apply: A. Preliminary Determination There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map via email on 11/18/2020 and dated 8/6/2020. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way 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 request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. E There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the 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 peunit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters at the project area, which is not sufficiently accurate and reliable to support an enforceable peunit 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 consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the peunit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be 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 subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend 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 consultant to conduct a delineation that can be verified by the Corps. ❑ The waters on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not 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 may be 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 subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the 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 regarding this determination and/or the Corps regulatory program, please contact Christopher Hopper at (919) 554-4884 (x35) or christopher.d.hopper(&,usace.army.m C. Basis For Determination: See the approved jurisdictional determination form dated 11/18/2020 and the attached exhibits "Figure 6: Preliminary Wetlands and Waters of the U.S. Delineation Map". D. Remarks: Both a preliminary and an approved jurisdictional determination are being issued within the project area. The Preliminary Jurisdictional Determination applies to the area contained within the pink polygon labeled `Project Study Limits' and the Approved Jurisdictional Determination applies to the area contained within the red polygon labeled `AJD Area'. A USACE site visit was conducted on 10/13/2020 to verify the boundaries and extents of delineated resources. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be 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 (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request 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 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 01/17/2021. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.* Corps Regulatory Official: DAI LEY.SAMANT DAILEY.SAMANTHA.J.1387 567948 HA.J.1387567948 2020.11.18 15:21:16 -05'00' Date of JD: 11 /18/2020 Expiration Date of JD: 11 /17/2025 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/Pp=136:4:0 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND mei REQUEST FOR APPEAL Applicant: Timmons, Lauren Norris -Heflin File Number: SAW-2020-01531 Date: 11/18/2020 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D g PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION Additional or the I - The following identifieour rights and options regarding an administrative appeal information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx of the above decision. 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 your work 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 appeal the permit, including its terms and conditions, and approved jurisdictional determinations 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 your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of 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 evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED • signature rights permit. • this PERMIT: You may accept or appeal the permit ACCEPT: If you received a Standard Permit, you may sign the permit document and return authorization. If you received a Letter of Permission (LOP), you may accept the LOP and on the Standard Permit or acceptance of the LOP means that you accept the permit to appeal the permit, including its terms and conditions, and approved jurisdictional APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of you may appeal the declined permit under the Corps of Engineers Administrative Appeal form and sending the form to the division engineer. This form must be received by it to the district engineer for final your work is authorized. Your in its entirety, and waive all determinations associated with the certain terms and conditions therein, Process by completing Section II of the division engineer within 60 days of the date of this notice. C: PERMIT completing engineer DENIAL: You may appeal the denial of a permit under the Corps of Engineers Section II of this form and sending the form to the division engineer. This form Administrative Appeal Process by must be received by the division within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the 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 appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process 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 may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. lir SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT i• REASONS FOR APPEAL OR OBJECTIONS: (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 appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FORTUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division Attn: Christopher Hopper Raleigh Regulatory Office U.S Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 If you only have questions regarding the appeal process you may also contact: Mr. Phillip Shannin, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 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 appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportunity to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Christopher Hopper, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE I. ADMINISTRATIVE INFORMATION Completion Date of Approved Jurisdictional Determination (AJD): 11/18/2020 ORM Number: SAW-2020-01531 Associated JDs: N/A Review Area Location': State/Territory: City: Elon County/Parish/Borough: Alamance Center Coordinates of Review Area: Latitude 36.12478 Longitude -79.5264 II. FINDINGS A. Summary: Check all that apply. At least one box from the following list MUST be selected. Complete the corresponding sections/tables and summarize data sources. ❑ The review area is comprised entirely of dry land (i.e., there are no waters or water features, including wetlands, of any kind in the entire review area). Rationale: N/A or describe rationale. ❑ There are "navigable waters of the United States" within Rivers and Harbors Act jurisdiction within the review area (complete table in Section II.B). ❑ There are "waters of the United States" within Clean Water Act jurisdiction within the review area (complete appropriate tables in Section II.C). There are waters or water features excluded from Clean Water Act jurisdiction within the review area (complete table in Section II.D). B. Rivers and Harbors Act of 1899 Section 10 (§ 10)2 § 10 Name § 10 Size § 10 Criteria Rationale for § 10 Determination N/A. N/A. ,.,,, N/A. N/A. C. Clean Water Act Section 404 Territorial Seas and Traditional Navigable Waters ((a)(1) waters):3 (a)(1) Name (a)(1) Size (a)(1) Criteria Rationale for (a)(1) Determination N/A. N/A. N/A. Tributaries ((a)(2) waters): (a)(2) Name (a)(2) Size (a)(2) Criteria Rationale for (a)(2) Determination N/A. N/A. nI/A N/A. N/A. Lakes and ponds, and impoundments of jurisdictional waters ((a)(3) waters): (a)(3) Name (a)(3) Size (a)(3) Criteria Rationale for (a)(3) Determination N/A. N/A. N/A. Adjacent wetlands ((a)(4) waters): (a)(4) Name (a)(4) Size (a)(4) Criteria Rationale for (a)(4) Determination N/A. N/A. N/A. N/A. 1 Map(s)/figure(s) are attached to the AJD provided to the requestor. 2 If the navigable water is not subject to the ebb and flow of the tide or included on the District's list of Rivers and Harbors Act Section 10 navigable waters list, do NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to make a Rivers and Harbors Act Section 10 navigability determination. 3 A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific segment of river or stream or other type of waterbody, such as a lake, where upstream or downstream limits or lake borders are established. A stand-alone TNW determination should be completed following applicable guidance and should NOT be documented on the AJD Form. Page 2 of 2 Form Version 10 June 2020 updated U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE D. Excluded Waters or Features Excluded waters ((b)(1) — (b)(12)):4 Exclusion Name Exclusion Size Exclusions Rationale for Exclusion Determination Wetland N 0.01 acre(s) (b)(1) Non- adjacent wetland. Wetland N is not adjacent to an a(1), a(2), or a(3) water. Wetland N is not inundated by flooding from an a(1), a(2), or a(3) water during a typical year. There is no natural berm, artificial barrier, or culvert between Wetland N and Stream L, the nearest a(2) water. III. SUPPORTING INFORMATION A. Select/enter all resources that were used to aid in this determination and attach data/maps to this document and/or references/citations in the administrative record, as appropriate. Z Information submitted by, or on behalf of, the applicant/consultant Wetland and upland data forms, site photographs, and delineation exhibit (attached). This information is sufficient for purposes of this AJD. Rationale: N/A or describe rationale for insufficiency (including partial insufficiency). ❑ Data sheets prepared by the Corps: Title(s) and/or date(s). Z Photographs: Aerial and Other: NC OneMap 2017 Orthoimagery; Site photographs Z Corps site visit(s) conducted on: 10/13/2020 ❑ Previous Jurisdictional Determinations (AJDs or PJDs): ORM Number(s) and date(s). Z Antecedent Precipitation Tool: provide detailed discussion in Section I11.B. Z USDA NRCS Soil Survey: Alamance County Soil Survey (1960) ❑ USFWS NWI maps: Title(s) and/or date(s). Z USGS topographic maps: Gibsonville NC (2016) USGS 7.5 min quadrangle Other data sources used to aid in this determination: Data Source (select) Name and/or date and other relevant information USGS Sources N/A. USDA Sources N/A. NOAA Sources N/A. USACE Sources Antecedent Precipitation Tool State/Local/Tribal Sources N/A. Other Sources N/A. B. Typical year assessment(s): The APT tool was run for this property for the date of the USACE visit (October 13, 2020). At the time of the visit, the site was in `Wetter than Normal' condition with the 30-day rolling total approximately 1.5 inches above the normal range (30th to 70th percentile). The APT tool for July 28, 2020 (initial site visit) documents that the site was within normal range with 5.3 inches in the past 30-days. Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requestor specifically asks a Corps district to do so. Corps districts may, in case -by -case instances, choose to identify some or all of these waters within the review arca. Because of the broad nature of the (b)(I) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)( I) exclusion, tour sub- categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub -categories are not new exclusions, but are simply administrative distinctions and remain (b)(1) exclusions as defined by the NWPR. Page 2 of 2 Form Version 10 June 2020_updated U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE C. Additional comments to support AJD: Wetland N occurs within the abandoned bed of an old pond. It is forested and has been drained for a long period of time. Wetland data forms completed below the pond document no connection to downslope resources. Discontinuous portions of drainage swale were noted, but did not contain hydric soil, ordinary high water marks, or other indicators of intermittent or perennial flow. Page 2 of 2 Form Version 10 June 2020_updated PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 11/18/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Timmons, Lauren Norris -Heflin, 5410 Trinity Road, Suite 102, Raleigh, NC 27607 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Manning Avenue, SAW- 2020-01531 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The Manning Avenue Site is located on the east side of Gibsonville-Ossippee Road, north of its intersection with North Manning Avenue, north of the Towns of Gibsonville and Elon, in Alamance County, NC. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Alamance City: Elon Center coordinates of site (lat/long in degree decimal format): Latitude: 36.12478 Longitude: -79.5264 Universal Transverse Mercator: Name of nearest waterbody: Travis Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ▪ Field Determination. Date(s): 10/13/2020 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (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) Wetland A 36.12478700 -79.52640200 332 sf Wetland Section 404 Wetland B 36.12480200 -79.52383800 1847 sf Wetland Section 404 Wetland C 36.12338100 -79.52599000 195 sf Wetland Section 404 Wetland D 36.12454100 -79.52366800 426 sf Wetland Section 404 Wetland E 36.12315500 -79.52274800 1664 sf Wetland Section 404 Wetland F 36.12224200 -79.52247700 19686 sf Wetland Section 404 Wetland G 36.12470600 -79.51897300 1751 sf Wetland Section 404 Wetland H 36.12447200 -79.51901700 170 sf Wetland Section 404 Wetland I 36.12416100 -79.51950000 8673 sf Wetland Section 404 Wetland 1 36.12314100 -79.52023400 10158 sf Wetland Section 404 Stream K 36.12443100 -79.51900300 404 If Non -Wetland Water Section 404 Stream L 36.12485200 -79.52462400 1232 If Non -Wetland Water Section 404 Stream M 36.12337600 -79.52299400 854 If Non -Wetland Water Section 404 Wetland N 36.12248500 -79.52585500 467 sf Wetland Section 404 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 are included in the administrative record and are appropriately cited: ▪ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Lauren Norris -Hefter Map: Vicinity, HUC, Environmental Inventory, Parcel, NRCS Soils, Delineation Map Z Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ▪ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ▪ 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: Gibsonville, NC (2016) 7.5 min cluadrande ❑X Natural Resources Conservation Service Soil Survey. Citation: Alamance County Soil Survey (1960) ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑X FEMA/FIRM maps: 3710884600L (eff. 11/17/2020) ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ❑ Photographs: X❑ Aerial (Name & Date): NC OneMap Orthoimnery (2017) or ® Other (Name & Date): Site Photos provided by applicant ❑ Previous determination(s). File no. and date of response letter: ▪ 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. DAILEY.SAMANT DAILEY.SAMANTHA.J. HA.J.138756794 1387567948 2020.11.18 15:21:56 8-05'00' Signature and date of Regulatory staff member completing PJD 11/18/2020 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable) 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester 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. 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