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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