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Home My WebLink About20210465 Ver 1_SAW-2019-01242 PJD Form_20210601 (2) ATTACHMENT PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): 6/1/2021 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: North Carolina Department of Transportation, Highway Division 7 1584 Yanceyville Street, Greensboro, 27415-4996 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: SAW-2019-01242 (NCDOT/ Bridge 106 /SR 1902/ Dibrell Road / Rockingham County/transportation) D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Replace 17BP.7.R.126 Bridge No. 106 over Wolf Island Creek on SR 1902 (Dibrell Road) (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: North Carolina County/parish/borough: Rockingham County City: Pelham Center coordinates of site (lat/long in degree decimal format): Lat. 36.498439 °, Long. -79.541766° Name of nearest waterbody: Wolf Island Creek Identify (estimate) amount of waters in the review area: Non-wetland waters: 634 linear feet: 20-80 width (ft) Cowardin Class: R3UB2 Stream Flow: Perennial Wetlands: 0.80 acres Cowardin Class: PEM2/PFO1 Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: 0 Non-Tidal: 0 E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): x Office (Desk) Determination. Date: 3/25/2020 Field Determination. Date(s): 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 1 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): O Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Aerial, soils, and topo maps (Axiom) ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. 0 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: Ruffin and Brosville, NC (2002) 7.5-minute topographic quadrangle. ® USDA Natural Resources Conservation Service Soil Survey. Citation: Web Soil Survey (online at http://websoilsurvey.nrcs.usda.gov), and Soil Survey of Rockingham County (1977) ❑ 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): NC OneMap 2014 Orthoimagery. or ❑ Other (Name & Date): . ❑ 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. Date: g 2021.06.01 11:05:25 -04'00' Signature and date of Signature and date of Regulatory Project Manager person requesting preliminary JD (REQUIRED) (REQUIRED, unless obtaining the signature is impracticable) 3 Estimated amount Cowardin of aquatic Class of Class resource in review aquatic Site number Latitude Longitude area resource 1. Wolf Island 278 feet length, non-section 10 Creek 36.498570 -79.541721 R3UB2 60-80 feet avg —non-wetland width 356 feet length, non-section 10 2. Stream SA 36.498669 -79.542429 R3UB2 10-20 feet avg —non-wetland width 3. Wetland WA 36.497731 -79.541286 PFO1 0.64 acre non-section 10 wetland 4. Wetland WB 36.500045 -79.542934 PFO1 0.04 acre non-section 10 wetland 5. Wetland WC 36.499500 -79.542865 PEM2 0.06 acre non-section 10 wetland 6. Wetland WD 36.499384 -79.542867 PEM2 0.06 acre non-section 10 wetland 4 Wetland WB iAi 6. Y' .,:. ,, Wetland WC Obi ,di":•w l i - a •_ ). 'yWetland WD Stream.SA) .' 'Villi .: -. -- ''' ,...... 1.' j- �°'a `r ' i,r +,. ; -1`LY .,,~ • . [ _ l N.. -h .r ,•- .. < ,\'-4 f.1 M O••S.'v-;v- `lit" a • yam -y •- ,�i.'S ,+''R .` �� y� .v. -, -r *; ,�'. ,��:•Wolf Island Creek• _��. = S.r. �� 5-, ;, L. -" -1 4 r- ti T� ' • , ° .. d'` ` - • Wetland WA'.. ;.i '4 Legend . N. . Q Study area ' •t V.- 7.tl;;: Potential wetland waters y fy , '' ,r AL, ay' . 4 Potential non-wetland waters(perennial) ,n "�•. ;,.: ' • �` ;*,! - • •• il. ►'- -► Direction of flow . '"O,=,Y ' ^4 - :max• : '` • - o Wetland data form location ' +.� ` • Stream data form location •y, iF{ t * 100 50 0 100 200 NCDOT roads —�� Feet Prepared for: Project: Title: Drawn by: AEK WBS 17BP.7.R.126 et.,,,toRr� Date: Dec 2018 A ... 1%) Replace Bridge No. 106 on Potential Scale: 1:2400 Dibrell Road Jurisdictional Project No.:18-007.04 over Wolf Island Creek Areas ra � Rockingham County, NC FIGURE Axiom ErwIronm•nial•Inc. Background Imagery:2014 aerial photography provided by the NC OneMap Program (online,supported by the N.C.Geographic Information Coordination Council).