The URL can be used to link to this page

Home My WebLink Aboutfnal counter signed PJD formPRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 12/2/2021 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: NCDOT Highway Division 3 5501 Barbados Blvd. Castle Hayne, NC 28429 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, BR 0139, SAW-2017-02322 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: NC 133 pipe replacement on NC 133 near intersection of Funston Rd SE (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Brunswick City: Center coordinates of site (lat/long in degree decimal format): Lat.: 34.09749' Long.:-77.96772° Universal Transverse Mercator: 18S 226205 3776942 Name of nearest waterbody: Sand Hill Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): X Office (Desk) Determination. Date: 12/2/2021 ® Field Determination. Date(s): 10/26/17 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Latitude (decimal Longitude Estimated amount of Type of aquatic Geographic authority to Number degrees) (decimal degrees) aquatic resources in resources (i.e., which the aquatic resource review area (acreage wetland vs. non- "may be" subject (i.e., and linear feet, if wetland waters) Section 404 or Section applicable 10/404 WA 34.09701 -77.96759 1.767 ac Wetland Section 404 W13 34.09708 -77.96738 1.352 ac Wetland Section 404 WC 34.09620 -77.96713 0.166 ac Wetland Section 404 WD/CWD 34.10021 -77.96968 4.048 ac Wetland (includes Section 404 coastal wetland) WE/CWA 34.10027 -77.96938 1.457 ac Wetland (includes Section 404 coastal wetland) WF 34.10381 -77.97121 0.672 ac Wetland Section 404 WG 34.10535 -77.97231 0.003 ac Wetland Section 404 WH 34.10518 -77.97279 0.011 ac Wetland Section 404 WI 34.09181 -77.96453 0.154 ac Wetland Section 404 SA 34.09708 -77.96738 Non -wetland 93 ft. waters (Perennial Section 404 stream) 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: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ 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: Carolina Beach, NC1:24,000 ® Natural Resources Conservation Service Soil Survey. NRCS Soil Survey of Brunswick Count,, ❑ 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): 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 necessarilv been verified by the Coms and should not be relied upon for later jurisdictional determinations. Digitally signed by Brad Digitally signed by Brad Shaver Shaver "2x / Y Mason Herndon Date: 2021.12.02 13:00:51 Date: 2021.11.24 -05'00' 13:02:04-05'00' Signature and date of Regulatory staff member completing PJD 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. KrB Lo a "4 k ,yKg$r;�B .. Ti I1rM s � Soil Mapping Units BaB Baymeade fine sand, 1-6 % slopes BnB Blanton fine sand, 0-5 % slopes ' DO Dorovan muck Lo Leon fine sand BnB = B-1039 Addendum Project Study Area ti a B-1039 Original Project Study Area NRCS Soil Boundary Sources; NC OneMap High ResoluTon NC Statevnde Orthoimagery, CGIA, 2016; NRCS digital Soil Survey of Brunsvnck County, 2009; w0 Prgeot Study Area provided by NCDOT Disclaimer The information depictetl on this figure is for ihrmational purpcees only and was not prepared for and is not s,B bi, for legal or engineering purposes.This informationp..nt d is not for regulatory view antl is intendetl for use only by a Professional Land Surveyor prior [o regulatory review. Project: 20217039 NRCS Soils Brunswick C3 Date: Nov2021 +n� tt 1 Brunswick County, North Carolina Dnvn/Chkd: KT/RT T.I.P. BR-0139 Figure: 2 a, C WH Le .. - xs OB-1039 Addendum Project Study Area B-1039 Original Project Study Area Potential Wetland Waters of the US ® Potential Wetland Waters of the US (CAMA) Potential Non -Wetland Waters of the US (Stream) a zoo aoo 7.P.f ee[Souresgh-Resolution NC St,be de Odhoic o,om,p Server; Rojod Sp,mded by NCDOT. Discbimer The indepiN d on this figure b for ikrmati...Ip.rp— only and repared for and is -..B ble for kgal or engineering puryo.e.—i-p—ted i. not for regubtory reviewand i. intended fby a Profe..i...I Land Surveyor prior to regubtory review. ° Potential Wetlands/Waters Project: 70217039 Brunswick C3 Date: Nov2021 Brunswick County, North Carolina Drwn/Chkd: KT/RT �TM T.I.P. BR-0139 Figure: 3