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HomeMy WebLinkAbout20210553 Ver 1_SAW-2018-00578 PJD Form_20211101 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 5/23/2018 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Jeff Hemphill , NCDOT 1598 Mail Service Center, Raleigh, NC 27699 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: SAW-2018-00578 (NCDOT/ U5896 / 185 Business interchange with SR 1009 / High Point/ Guilford County) D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: High Point City: Guilford Center coordinates of site (lat/long in degree decimal format): Lat.: 35.934927 Long.: -79.991571 Universal Transverse Mercator: 17 Name of nearest waterbody: Richardson Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑x Field Determination. Date(s): 6/19/2018 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Latitude Longitude Estimated amount Type of aquatic Geographic authority number (decimal (decimal of aquatic resource resource (i.e.,wetland to which the aquatic degrees) degrees) in review area vs. non-wetland resource "may be" (acreage and linear waters) subject(i.e., Section feet, if applicable) 404 or Section 10/404) See Attached List Aquatic resources in the review area which "ma be" subject to regulatory jurisdiction. Estimated amount of Type of Geographic Site Number Latitude Longitude aquatic resource in aquatic authority to which review area (If& ac) resource the aquatic resource "ma be" subject Richland 2 647 linear feet Non-wetland Section 404 Creek 35.934162 -79.994250 ' SA 35.932903 -79.994572 234 linear feet Non-wetland Section 404 SB-I 35.931735 -79.997053 144 linear feet Non-wetland Section 404 SB-P 35.931949 -79.996712 328 linear feet Non-wetland Section 404 SC 35.936706 -79.993149 21 linear feet Non-wetland Section 404 SD 35.939386 -79.983413 211 linear feet Non-wetland Section 404 SE-I 35.938389 -79.988139 32 linear feet Non-wetland Section 404 SE-P 35.938152 -79.988812 143 linear feet Non-wetland Section 404 SF 35.933176 -79.994383 33 linear feet Non-wetland Section 404 SG 35.937515 -79.987504 54 linear feet Non-wetland Section 404 WA 35.937866 -79.992483 < 0.01 acres Wetland Section 404 WB 35.938373 -79.988458 0.06 acres Wetland Section 404 WC 35.932826 -79.994930 0.09 acres Wetland Section 404 WD 35.937526 -79.987367 0.02 acres Wetland Section 404 WE 35.934487 -79.993482 0.04 acres 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 should be included in subject file, Appropriately reference sources below where indicated for all checked items: ❑0 Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Aerial,soils,andt opo maps (NCOT) ❑j Data sheets prepared/submitted by or on behalf of the PJD requestor. !] Office concurs with data sheetsldelineation 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 reaps. 0 U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000 High Point East 0 Natural Resources Conservation Service Soil Survey.Citation: 1977 Guilford County Soil Survey [] National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory maps): ❑ FEMAJFIRM maps; ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) 0 Photographs; P Aerial (Name & Date): 2017 NCGIA or ❑Other(Name & Date): Previous determinations). File no. and date of response letter: Other information (please specify): LiDAR(NC Floodma s) 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:2021.11.01 11:13:36-04'00' Signature and date of 5 nat e nVd�a ofRegulatory staff member pers r uePJD completing PJD (RE UIRDs obtaining the signature is impracticable)' May 30, 2018 ' 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. .n si r, 0' k.. r iwl id r • SD WB WB h ■ WA WD �1 . r Richland �•ti Creek 4• '• •��.����.• /. - Richland . Creek WE r _ � 1 ss sF - WC SA SB `� .r•:.` r.l r .0n - :> 4 — Potential Perennial Stream _ ^"r'• s Potential Intermittent Stream — Culvert �•�.. J _ h Potential Wetland U-5896 Project Study Area .,,�-; NC Center for Geographic Information&Arralysis- �1EER� Prepared For: Reconstruct US 29/ US 70/ 1-85 Date: June 2018 Figure y 4 Business Interchange at SR 1009 Scale: 0 200 400 Feet d (South Main St) STIP U-5896 Job No.: p Jurisdictional Features Map 18-011 3 Drawn By: Checked By: Guilford County, North Carolina NMS NDH Ds �4lt/ 7/2/2018 Revised June 2018