HomeMy WebLinkAbout20211607 Ver 1_Meeting Request Review Doc Attachment_20211103 (2)SAW-2019-00578
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-00578 County: Rockingham U.S.G.S. Quad: NC-Mayodan
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: NCDOT Division 7
Attn: Jerry Parker
Address: PO Box 14996
Greensboro, NC 27415
Size (acres) 132 Nearest Town Mayodan
Nearest Waterway UTs to Dan River River Basin Roanoke
USGS HUC 03010103 Coordinates 36.416678, -79.938218
Location description: The project area for NCDOT TIP I-5898 is located approximately 0.68 mile East/West and 1.67 miles
North/South from the existing US Highway 220 at NC Highway 135 interchange, near Mayodan, Rockingham County, North
Carolina. The project area is shown as the red-outlined “Study Area” on the attached “Figure 3: Aerial Imagery & Features
Map.”
Indicate Which of the Following Apply:
A.PreliminaryDetermination
܈ There appear to be waters, including wetlands 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, including wetlands 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
dated April 2019. 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.
܆ There appear to be waters, including wetlands 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, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be
used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an
effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not
sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including
wetlands 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 permit
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 waters, including wetlandson 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, including wetlands 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, including wetlands 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 . We strongly suggest you
have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this
SAW-2019-00578
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, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on . 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 David E. Bailey at (919) 554-4884 X 30 or
David.E.Bailey2@usace.army.mil.
C. Basis For Determination: See the preliminary jurisdictional determination form dated 08/12/2021.
D.Remarks:
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)
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: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PHILIP.A.SHANNIN@USACE.ARMY.MIL
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 Not applicable.
**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: ______________________________________________________
Date of JD: 08/12/2021 Expiration Date of JD: Not applicable
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 our Customer Satisfaction Survey, located online at https://regulatory.ops.usace.army.mil/customer-service-survey/.
Copy Furnished:
Ray Bode, JMT, 1130 Situs Court Suite #200, Raleigh, NC 27606
Ryan Conchilla, NCDEQ- DWR, 1617 Mail Service Center, Raleigh, NC 27699-1617
Date: 2021.08.12 13:23:18 -04'00'
Wetland Data PointStreams (Potential Non-Wetland Waters of the US)IntermittentPerennialStudy AreaPotential Wetland Waters of the USPotential Wetland Waters of the US - Revised 4/2/19Proposed Improvements to Future I-73/U.S. 220 at the U.S. 331and N.C. 135 Interchange and Replacement of Bridge No. 780074STIP No. I-5898Rockingham County, NCSource: NC OneMap (2018)SASB Reach 1SB Reach 2SC Reach 1SC Reach 2SC Reach 3SD Reach 1SD Reach 2SE Reach 1SE Reach 2SD Reach 2WAWASFSGSGSHSHSI Reach 1SI Reach 2SI Reach 1SI Reach 2WB*SJ±0500 1,000250FeetFigure 3: Aerial Imagery & Features MapWB-DPUWB-DPWWA-DPWWA-DPUWB* was expanded per comments on PJD Site Visit on April 2, 2019. Expanded area was flagged on site and area was drawn in based on field measurements, LIDAR, and aerial imagery.April 201902550Feet010020050FeetWB*
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: NCDOT Division 7 (Attn: Jerry Parker)File Number: SAW-2019-00578 Date:08/12/2021
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
܈ PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
x 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.
x 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 PERMIT: You may accept or appeal the permit
x 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.
x APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer 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.
x 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.
x 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.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
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 FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division
Attn: David E. Bailey
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. PHILIP A. SHANNIN
ADMINISTRATIVE APPEAL REVIEW OFFICER
CESAD-PDS-O
60 FORSYTH STREET SOUTHWEST, FLOOR M9
ATLANTA, GEORGIA 30303-8803
PHONE: (404) 562-5136; FAX (404) 562-5138
EMAIL:PHILIP.A.SHANNIN@USACE.ARMY.MIL
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 investigations.
________________________________________
Signature of appellant or agent.
Date: Telephone number:
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division,Attn: David E. Bailey, 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. Philip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
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.
Page 1 of 4
BACKGROUND INFORMATION
A.REPORT COMPLETION DATE FOR PJD: 12-AUG-2021
B.NAME AND ADDRESS OF PERSON REQUESTING PJD:
Parker, Jerry
NCDOT Division 7
P O Box 14996
Greensboro, NC 27415
C.DISTRICT OFFICE, FILE NAME, AND NUMBER:
SAW, NCDOT / I-5898 / improve US 220 at NC 135 Interchange / Bridge 74 / Rockingham County /
transportation, SAW-2019-00578
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: Rockingham County City: Mayodan
Center coordinates of site (lat/long in degree decimal format):
Lat.: 36.415319o Long.: -79.937131o
Universal Transverse Mercator: 17
Name of nearest waterbody: UTs to Dan River
E.REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
Field Determination. Date(s): 4/2/2019 [
Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
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.
Page 2 of 4
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION.
Site Number Latitude (decimal
degrees)
Longitude
(decimal degrees)
Estimated amount
of aquatic
resource in review
area (acreage and
linear feet, if
applicable)
Type of aquatic
resource (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)
SA 36.495531 -79.745132 219 feet Non-wetland waters Section 404
SB Reach 1 36.412405 -79.937316 169 feet Non-wetland waters Section 404
SB Reach 2 36.412121 -79.938485 161 feet Non-wetland waters Section 404
SC Reach 1 36.413606 -79.937389 206 feet Non-wetland waters Section 404
SC Reach 2 36.414302 -79.938716 112 feet Non-wetland waters Section 404
SC Reach 3 36.415888 -79.940678 46 feet Non-wetland waters Section 404
SD Reach 1 36.415466 -79.937179 1228 feet Non-wetland waters Section 404
SD Reach 2 36.417561 -79.937018 211 feet Non-wetland waters Section 404
SE Reach 1 36.417465 -79.931876 90 feet Non-wetland waters Section 404
SE Reach 2 36.417794 -79.932009 31 feet Non-wetland waters Section 404
SF 36.423061 -79.934603 67 feet Non-wetland waters Section 404
SG 36.424643 -79.932603 140 feet Non-wetland waters Section 404
SH 36.42535 -79.931799 133 feet Non-wetland waters Section 404
SI Reach 1 36.426052 -79.931313 47 feet Non-wetland waters Section 404
SI Reach 2 36.426494 -79.932011 111 feet Non-wetland waters Section 404
SJ 36.421707 -79.937426 116 feet Non-wetland waters Section 404
WA 36.418243 -79.937209 0.009 acres Wetland Section 404
WB 36.425893 -79.93292 0.245 acres Wetland Section 404
Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
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.
Page 3 of 4
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:
+.5
Y
-J%"3 /$'MPPENBQT
Date: 2021.08.12
12:55:45 -04'00'