SAW-2021-01324PJDform1.pdf

ATTACHMENT A
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD): 11 January 2022
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Amy Euliss,375 Silas Creek Parkway,Winston-Salem INC,27127
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
SAW-2021-01324 (NCDOT/U-5899/Bethania-Rural Hall Rd/Division9)
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
U-5899;Forum Parkway Connector from SR 3955(Forum Parkway)to NC 66(University Parkway)
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT
SITES)
State: NC County/parish/borough: Forsyth City: Rural Hall
Center coordinates of site (lat/long in degree decimal format):
Lat. 36.212443 ON; Long. -80.288348 °W.
Universal Transverse Mercator: 17S
Name of nearest waterbody: Grassy creek
Identify (estimate) amount of waters in the review area:
Non-wetland waters:
3,586 linear feet: width (ft) and/or acres.
Cowardin Class: R3SB and R4SB
Stream Flow: Perennial and intermittent
Wetlands: 0.66 acres.
Cowardin Class: PEM, PSS, PFO
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal: NA
Non-Tidal: NA
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E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY):
❑x Office (Desk) Determination. Date: 11 January 2022
x❑ Field Determination. Date(s): 07 December 2021
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):
✓❑ Maps, plans, plots or plat submitted by or on behalf of the
applicant/consultant: Consultants delineation report entitled: U-5899 PJD packet_final_12092021
❑✓ Data sheets prepared/submitted by or on behalf of the
applicant/consultant.
X 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:
x] USGS NHD data : USACE digital GIS data from NCOne Map
❑ USGS 8 and 12 digit HUC maps
❑✓ U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000; Rural Hall
✓❑ USDA Natural Resources Conservation Service Soil Survey.
Citation:Web Soil Survey
❑x National wetlands inventory map(s). Cite name: USACE digital data from NCOne Map
❑ State/Local wetland inventory map(s):
X❑ FEMA/FIRM maps: USACE digital data from NC Flood Risk Information System
❑ 100-year Floodplain Elevation is:
(National Geodectic Vertical Datum of 1929)
Unnamed/Undated delineation base map layer
Photographs: l Aerial (Name & Date): or
❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify): LiDAR; WebSoil Survey--Flooding Frequency Class, Depth to
Water Table; USACE Antecedent Precipitation Tool; DWR
Stream Identification Forms Version 4.11
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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.
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This preliminary JD finds that there "maybe"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:
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: 2022.01 .11
13:06:52 -05'00' 4 November 5, 2021
Signature and date of Signai6re and date of
Regulatory Project Manager person requesting preliminary JD
(REQUIRED) (REQUIRED, unless obtaining
the signature is impracticable)
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Site Latitude Longitude Class Estimated Class of aquatic
amount of resource
aquatic resource
in review area
SA (Grassy 36.213396 -80.288875 R3SB1/3 3,153 linear ft. Non-section 10;
Creek) non-wetland
SB 36.213422 -80.287707 R4SB4 386 linear ft. Non-section 10;
non-wetland
SC 36.211211 -80.288271 R4SB3 47 linear ft. Non-section 10;
non-wetland
WA 36.213323 -80.288114 PEM1A 0.15 acre Non-section 10;
wetland
WB 36.215754 -80.288537 PSS1A 0.06 acre Non-section 10;
wetland
WC 36.211181 -80.288497 PFO1A 0.04 acre Non-section 10;
wetland
WD 36.211501 -80.288563 PF01A 0.12 acre Non-section 10;
wetland
WE 36.212827 -80.288946 PF01A 0.11 acre Non-section 10;
wetland
WF 36.213825 -80.289303 PF01A 0.13 acre Non-section 10;
wetland
WG 36.211491 -80.288375 PF01A 0.05 acre Non-section 10;
wetland