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Home My WebLink About20201510 Ver 1_B-5624 final counter signed PJD_20210603ATTACHMENT A PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Gordon Cashin, NCDOT - 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: Green Swamp Rd over Driving Creek (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: Brunswick City: Supply Center coordinates of site (lat/long in degree decimal format): Lat. 34.102668 °N; Long. -78.307920 Universal Transverse Mercator: NAD 83 US feet °W Name of nearest waterbody: Driving Creek/Green Swamp Identify (estimate) amount of waters in the review area: Non -wetland waters: 1,883.4 linear feet: 8-35 width (ft) and/or acres. Cowardin Class: See waters upload table Stream Flow: See waters upload table Wetlands: 10.5 acres. Cowardin Class: See waters upload table Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: N/A Non -Tidal: NIA 1 E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): 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): O Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Brian Dustin, CALYX Engineers and Consultants �/❑ Data sheets prepared/submitted by or on behalf of the app nt/consultant. Office concurs with data sheets/delineation report. Office does not concur with data sheets/delineation report. EP 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: 1:4800; Supply USDA Natural Resources Conservation Service Soil Survey. Citation: United States Department of Agriculture, Natural Resources Conservation Service. 1989 Soil Survey of Brunswick County, NC ❑ National wetlands inventory map(s). Cite ❑ State/Local wetland inventory map(s): ❑ FEMAIFIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ✓❑ Photographs: 0 Aerial (Name & Date): ESRI World Imagery or n Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify):_ 2 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. 3 Digitally signed by SHAVER.BRAD.E.1276601756 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=SHAVER.BRAD.E.1276601756 Date: 2016.10.26 09:52:34 -04'00' Waters Name Cowardin Code HGM Code Area (acres) Linear (ft)Waters Type Latitude (NAD83) Longitude (NAD83) Local WaterwaySA R2UB2 RIVERINE 603.75 RPW 34.102328 -78.307556 Driving CreekSB R2UB2 RIVERINE 514.08 RPW 34.102858 -78.308624 Driving CreekDriving Creek R2UB23 RIVERINE 382.81 RPW 34.101447 -78.306589 Driving CreekWA PFO RIVERINE 10.5 RPWWD 34.10196 -78.306463 Driving CreekB-5624 Waters Upload DĂƉ/EtY^ĐŽƌĞůĂƐƐŝĨŝĐĂƚŝŽŶKŶdŽƉŽDĂƉKŶ^ŽŝůƐDĂƉ^ƵďũĞĐƚƚŽƵĨĨĞƌƐŽŵŵĞŶƚƐ:ZĞǀŝĞǁĂƚĞZĞǀŝĞǁĞƌƌŝǀŝŶŐƌĞĞŬ ϰϮ͘ϱ WZEE/> z^ z^ EK^ Ϯϱ WZEE/> EK EK EK^ Ϯϱ WZEE/> EK EK EKͲϱϲϮϰ^ƚƌĞĂŵĞůŝŶĞĂƚŝŽŶƐ DĂƉ/ ĐƌĞƐEtYZĂƚŝŶŐEtDůĂƐƐŝĨŝĐĂƚŝŽŶ ŽŵŵĞŶƚƐ:ZĞǀŝĞǁĂƚĞZĞǀŝĞǁĞƌƐt ϭϬ͘ϱ ϲϲ Z/sZ/E^tDW&KZ^dͲϱϲϮϰtĞƚůĂŶĚĞůŝŶĞĂƚŝŽŶƐ