BP6.R012.1_PJD_Package_06172022

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER J.ERIC BOYETTE
GOVERNOR SECRETARY
Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
ENVIRONMENTAL ANALYSIS UNIT
1598 MAIL SERVICE CENTER
RALEIGH, NC 27699-1598
Telephone: [phone]
Customer Service: 1-877-368-4968
Website: www.ncdot.gov
Location:
CENTURY CENTER, BUILDING A
1000 BIRCH RIDGE DRIVE
RALEIGH, NC 27610
June 17, 2022
U.S. Army Corps of Engineers
Wilmington Regulatory Field Office
ATTN: Liz Hair
69 Darlington Avenue
Wilmington, North Carolina 28403
SUBJECT: Preliminary Jurisdictional Determination (PJD) Package for the following Natural
Resources Technical Report: NCDOT WBS No. BP6.R012.1: Proposed Replacement of
Bridge No. 770444 on SR 2204 (Lovette Road) over Gum Branch Canal and the Lumber
River in Robeson County, North Carolina.
The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 770444 on
SR 2204 (Lovette Road) over Gum Branch Canal and the Lumber River in Robeson County, North
Carolina (Figure 1). Below and attached are a brief description of the project, figures depicting all
features, and appropriate forms.
Three Oaks Engineering, Inc. (Three Oaks) staff members Nathan Howell (MS, PWS) and Mary Frazer
conducted the site investigation within the study area on February 17, 2022. Two potential jurisdictional
streams were identified within the study area (Table 1; Figures 2-4). No potential open waters or non-
stream surface waters (i.e., ponds, basins, and/or tributaries) or wetlands were identified. This project is
located in the Lumber River Basin (United States Geological Survey [USGS] Hydrologic Unit Code
[HUC] 03040203).
North Carolina Division of Water Resources (NCDWR) Stream Identification forms were not completed
since both features exhibited geomorphological, hydrological, and biological characteristics indicative of
perennial streams. A North Carolina Stream Assessment Method (NCSAM) form, however, was
completed that represents both features. Additionally, a United States Army Corps of Engineers
(USACE) upland form was completed for the area adjacent to the Lumber River in the northeastern
corner of the study area (Appendix B). A USACE ORM Data Entry form, USACE Jurisdictional
Determination Request form, USACE PJD form, and a USACE Waters Upload Spreadsheet (January
2022 version) are also included with this submittal (Appendix C).
Please see the following PJD Package:

Appendix A

Figures
Prepared For:
Job No.:
Scale:
Date:
Drawn By:Checked By:
FRO
N
T

S
T
OREGON STROBESON STCEN
T
E
R

S
T
GEORGE STLOVETTE RDBIRC
H

S
T
CHU
R
C
H

S
T
PAR
K

S
T
CHICKENFOOT
R
D
Figure1
May 2022
21-625
0 10050 Ft
NDH JSM
Project
Vicinity
Map
Robeson County
North Carolina
Proposed Replacement
of
Bridge No. 770444
on
SR 2204 (Lovette Road)
over
Gum Branch Canal
& Lumber River
BP6.R012.1
¯Legend
Study Area
Streets
Sources: Esri, HERE, Garmin, USGS,Intermap, INCREMENT P, NRCan,Esri Japan, METI, Esri China (HongKong), Esri Korea, Esri (Thailand),NGCC, (c) OpenStreetMap
^_
Prepared For:
Job No.:
Scale:
Date:
Drawn By:Checked By:
Gum Branch Canal
Lumber River
FRO
N
T
Lovette RoadOREGONROBESON CEN
T
E
R
GEORGEBIRC
H
CHU
R
C
H
PAR
K
Chickenfoot Road
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, OrdnanceSurvey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, © OpenStreetMap contributors, and the GIS User Community
Figure2
May 2022
21-625
0 10050 Ft
NDH JSM
Proposed Replacement ofBridge No. 770444on SR 2204 (Lovette Road) overGum Branch Canal & Lumber River
BP6.R012.1
Jurisdictional FeaturesMap over Topographic
Robeson County North Carolina
¯Legend
Study Area
Streets
2ft Contours
Potential Nonwetland WOUS (Stream)
Culvert
Perennial
Prepared For:
Job No.:
Scale:
Date:
Drawn By:Checked By:
Gum Branch Canal
Lumber River
FR
O
N
T
Lovette RoadBIRCHCHU
R
C
H
CEN
T
E
R
GEORGEPAR
K
Chickenfoot Road
Figure3
May 2022
21-625
0 7537.5 Ft
NDH JSM
Proposed Replacement ofBridge No. 770444on SR 2204 (Lovette Road) overGum Branch Canal & Lumber River
BP6.R012.1
Jurisdictional FeaturesMap over Aerial
Robeson County North Carolina
¯Legend
Study Area
Streets
2ft Contours
Wetland Line
Potential Nonwetland WOUS (Stream)
Culvert
Perennial
Upland
Wetland
Prepared For:
Job No.:
Scale:
Date:
Drawn By:Checked By:
Gum Branch Canal
Lumber River
FRO
N
T
Lovette RoadOREGONROBESON CEN
T
E
R
GEORGEBIRC
H
CHU
R
C
H
PAR
K
Chickenfoot Road
Figure4
May 2022
21-625
0 10050 Ft
NDH JSM
Proposed Replacement ofBridge No. 770444on SR 2204 (Lovette Road) overGum Branch Canal & Lumber River
BP6.R012.1
Jurisdictional FeaturesMap over LiDAR
Robeson County North Carolina
¯Legend
Study Area
Streets
Wetland Line
2ft Contours
Potential Nonwetland WOUS (Stream)
Culvert
Perennial Upland
Wetland

Appendix B

Stream and Upland Forms
Project/Site:
Applicant/Owner:State:Sampling Point:
Investigator(s):
Subregion (LRR or MLRA):Lat:Long:
Soil Map Unit Name:
X
Are Vegetation , Soil , or Hydrology Yes X No
Are Vegetation , Soil , or Hydrology
SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc.
X No
No X X
No X
X
Yes X
Yes X
Yes X No X
U.S. Army Corps of Engineers
WETLAND DETERMINATION DATA SHEET – Atlantic and Gulf Coastal Plain Region
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R
OMB Control #: 0710-xxxx, Exp: Pending
Requirement Control Symbol EXEMPT:
(Authority: AR 335-15, paragraph 5-2a)
NWI classification:
Water Marks (B1)
Sampling Date:Robeson
NCNCDOT
NCDOT STIP BP6.R012 City/County:
Slope (%):
None
NE-Quad Upland
Convex
Section, Township, Range:Nathan Howell & Mary Frazer
Primary Indicators (minimum of one is required; check all that apply)
Are climatic / hydrologic conditions on the site typical for this time of year?
5Local relief (concave, convex, none):Landform (hillside, terrace, etc.):
Yes
Johns sandy loam
34.610523
2/17/2022
-79.016138
No
Lumberton
Remarks:
This upland plot is located on a ridge/terrace of the Lumber River. The flora within this plot is mixed and typical of levee/terrace natural
communities. Although Vaccinium elliottii and Arundinaria tecta are categorized as FACW species, they both commonly exist on sandy river
levees and terraces lacking wetland hydrology and soils. This area is best represented by the following natural community type (Schafale 2012
4th Approx.): Blackwater Bottomland Hardwoods (High Subtype).
HYDROLOGY
NAD 83
Is the Sampled Area
within a Wetland?Yes
(If no, explain in Remarks.)
significantly disturbed?
naturally problematic?
Blackwater River Terrace
Yes
LRR P, MLRA 133A Datum:
Surface Soil Cracks (B6)
Drainage Patterns (B10)
Aquatic Fauna (B13)
Marl Deposits (B15) (LRR U)
Yes
Remarks:
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Field Observations:
Water Table Present?No
No
Depth (inches):
Depth (inches):
Depth (inches):
No
(includes capillary fringe)
0
>12
>12
Surface Water Present?
Wetland Hydrology Present?
Moss Trim Lines (B16)
Dry-Season Water Table (C2)
Crayfish Burrows (C8)
Saturation Visible on Aerial Imagery (C9)
Geomorphic Position (D2)
Shallow Aquitard (D3)
FAC-Neutral Test (D5)
Sphagnum Moss (D8) (LRR T, U)
Hydrogen Sulfide Odor (C1)
Oxidized Rhizospheres on Living Roots (C3)
Presence of Reduced Iron (C4)
Drift Deposits (B3)
Algal Mat or Crust (B4)
Sediment Deposits (B2)
Saturation Present?
Water-Stained Leaves (B9)
Recent Iron Reduction in Tilled Soils (C6)
Thin Muck Surface (C7)
Other (Explain in Remarks)Iron Deposits (B5)
Inundation Visible on Aerial Imagery (B7)
Saturation (A3)
Sparsely Vegetated Concave Surface (B8)
Are “Normal Circumstances” present?
Wetland Hydrology Present?
Surface Water (A1)
High Water Table (A2)
Yes
Hydrophytic Vegetation Present?
Hydric Soil Present?
Yes
Secondary Indicators (minimum of two required)Wetland Hydrology Indicators:
(If needed, explain any answers in Remarks.)
No
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain – Version 2.0
Sampling Point:
(Plot size:
1.
2.
3.
4.
5.
6.(A/B)
7.
8.
x 1 =
50% of total cover: 20% of total cover: x 2 =
Sapling/Shrub Stratum (Plot size: x 3 =
1. x 4 =
2. x 5 =
3. Column Totals:(B)
4.
5.
6.
7. X
8.
50% of total cover: 20% of total cover:
Herb Stratum (Plot size:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
50% of total cover: 20% of total cover:
Woody Vine Stratum (Plot size:
1.
2.
3.
4.
5.
50% of total cover: 20% of total cover: X
30' radius )
20
20 YesSmilax rotundifolia FAC
)
Vaccinium arboreum
Magnolia grandiflora
Tree Stratum
Betula nigra
Quercus nigra
Liquidambar styraciflua
Pinus taeda
Percent of Dominant Species
That Are OBL, FACW, or FAC:
Total % Cover of:
Prevalence Index worksheet:
Dominant
Species?
(A)
Prevalence Index = B/A =
100
20
Multiply by:
UPL species
)
=Total Cover
1 - Rapid Test for Hydrophytic Vegetation
Problematic Hydrophytic Vegetation1 (Explain)
FACU
2 - Dominance Test is >50%
5
FACW
Yes
Yes
FAC
FACW
Yes
No
20
FAC
FAC
NE-Quad Upland
8
9
FACU species
Total Number of Dominant
Species Across All Strata:
Dominance Test worksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC:
Yes
(B)Yes FAC
Indicator
Status
30
VEGETATION (Four Strata)– Use scientific names of plants.
OBL species
FACW species
FAC species
88.9%
(A)
10
Arundinaria tecta
Mitchella repens
Absolute
% Cover
30
Yes
)5' radius
20
20
Hydrophytic Vegetation Indicators:
9
Sapling/Shrub – Woody plants, excluding vines, less
than 3 in. DBH and greater than 3.28 ft (1 m) tall.
Yes
FACW
Herb – All herbaceous (non-woody) plants, regardless
of size, and woody plants less than 3.28 ft tall.
=Total Cover
Definitions of Four Vegetation Strata:
Tree – Woody plants, excluding vines, 3 in. (7.6 cm) or
more in diameter at breast height (DBH), regardless of
height.
Yes
50
FACU
15' radius
23
45
10
4
4
10
10
=Total Cover
Remarks: (If observed, list morphological adaptations below.)
Hydrophytic
Vegetation
Present?Yes No
3 - Prevalence Index is ≤3.01
1Indicators of hydric soil and wetland hydrology must be
present, unless disturbed or problematic.
Woody Vine – All woody vines greater than 3.28 ft in
height.
=Total Cover
20
20
30' radius
Vaccinium elliottii
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain – Version 2.0
Sandy Mucky Mineral (S1) (LRR O, S)
Reduced Vertic (F18) (MLRA 150A, 150B)
Depth (inches): X
(LRR S, T, U)
(MLRA 138, 152A in FL, 154)
Piedmont Floodplain Soils (F19) (MLRA 149A)
(outside MLRA 138, 152A in FL, 154)
(MLRA 153B, 153D)
Other (Explain in Remarks)
Anomalous Bright Floodplain Soils (F20)
Very Shallow Dark Surface (F22) wetland hydrology must be present,
unless disturbed or problematic.
Redox Dark Surface (F6)
Loamy Mucky Mineral (F1) (LRR O)
Depleted Matrix (F3)
(outside MLRA 150A)
Coast Prairie Redox (A16)Black Histic (A3)
Sandy Redox (S5)
Stripped Matrix (S6)
Remarks:
Coast Prairie Redox (A16) (MLRA 150A)
Sandy Gleyed Matrix (S4)
SOIL Sampling Point:
Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils
3:
1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.2Location: PL=Pore Lining, M=Matrix.
1 cm Muck (A9) (LRR O)
2 cm Muck (A10) (LRR S)
Reduced Vertic (F18)
NoYes
Hydrogen Sulfide (A4)
Stratified Layers (A5)
Organic Bodies (A6) (LRR P, T, U)
5 cm Mucky Mineral (A7) (LRR P, T, U)
Muck Presence (A8) (LRR U)
1 cm Muck (A9) (LRR P, T)
NE-Quad Upland
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
(inches) Color (moist)
10YR 5/3 1008-12
0-8 10010YR 5/4
Loc2 Texture Remarks
Loamy/Clayey
Loamy/Clayey
%
Histosol (A1)
Barrier Islands Low Chroma Matrix (TS7)
Depleted Below Dark Surface (A11)
Thin Dark Surface (S9) (LRR S, T, U)
Histic Epipedon (A2)
%
Matrix
Color (moist) Type
1
Redox FeaturesDepth
Loamy Gleyed Matrix (F2)
Restrictive Layer (if observed):
Type:
(outside MLRA 150A, 150B)
Piedmont Floodplain Soils (F19) (LRR P, T)
Very Shallow Dark Surface (F22)
Anomalous Bright Floodplain Soils (F20)
3Indicators of hydrophytic vegetation and
Hydric Soil Present?
(MLRA 149A, 153C, 153D)
Marl (F10) (LRR U)
Depleted Ochric (F11) (MLRA 151)
(MLRA 153B)
Red Parent Material (F21)
Redox Depressions (F8)
Umbric Surface (F13) (LRR P, T, U)
Thick Dark Surface (A12)
Iron-Manganese Masses (F12) (LRR O, P, T)
Barrier Islands 1 cm Muck (S12)
(MLRA 153B, 153D)
Depleted Dark Surface (F7)
Delta Ochric (F17) (MLRA 151)
Dark Surface (S7) (LRR P, S, T, U)
Polyvalue Below Surface (S8)
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain – Version 2.0
NC SAM FIELD ASSESSMENT RESULTS
Accompanies User Manual Version 2.1
USACE AID #: NCDWR #:
INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5 -minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same prope rty, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the “Notes/Sketch” section if supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant.
NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area).
PROJECT/SITE INFORMATION: 1. Project name (if any): NCDOT STIP BP6.R012 2. Date of evaluation: 2/17/2022
3. Applicant/owner name: NCDOT 4. Assessor name/organization:
Nathan Howell - Three Oaks Engineering 5. County: Robeson 6. Nearest named water body on USGS 7.5-minute quad: Lumber River 7. River basin: Lumber 8. Site coordinates (decimal degrees, at lower end of assessment reach): 34.609716, -79.016558
STREAM INFORMATION: (depth and width can be approximations)
9. Site number (show on attached map):
Gum Branch Canal 10. Length of assessment reach evaluated (feet): 93 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 6-10 Unable to assess channel depth. 12. Channel width at top of bank (feet): 20-30 13. Is assessment reach a swamp steam? Yes No 14. Feature type: Perennial flow Intermittent flow Tidal Marsh Stream
STREAM CATEGORY INFORMATION: 15. NC SAM Zone: Mountains (M) Piedmont (P) Inner Coastal Plain (I) Outer Coastal Plain (O)
16. Estimated geomorphic 19 valley shape (skip for Tidal Marsh Stream):
A B
(more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope)
17. Watershed size: (skip Size 1 (< 0.1 mi2) Size 2 (0.1 to < 0.5 mi2) Size 3 (0.5 to < 5 mi2) Size 4 (≥ 5 mi2)
for Tidal Marsh Stream)
ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? Yes No If Yes, check all that apply to the assessment area. Section 10 water Classified Trout Waters Water Supply Watershed (I II III IV V) Essential Fish Habitat Primary Nursery Area High Quality Waters/Outstanding Resource Waters Publicly owned property NCDWR Riparian buffer rule in effect Nutrient Sensitive Waters Anadromous fish 303(d) List CAMA Area of Environmental Concern (AEC) Documented presence of a federal and/or state listed protected species within the assessment area. List species: Designated Critical Habitat (list species) 19. Are additional stream information/supplementary measurements included in “Notes/Sketch” section or attached? Yes No

1. Channel Water – assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) A Water throughout assessment reach. B No flow, water in pools only. C No water in assessment reach.
2. Evidence of Flow Restriction – assessment reach metric A At least 10% of assessment reach in-stream habitat or riffle-pool sequence is severely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates , debris jams, beaver dams). B Not A
3. Feature Pattern – assessment reach metric A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). B Not A
4. Feature Longitudinal Profile – assessment reach metric A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). B Not A
5. Signs of Active Instability – assessment reach metric
Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down-cutting (head-cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). A < 10% of channel unstable B 10 to 25% of channel unstable C > 25% of channel unstable
6. Streamside Area Interaction – streamside area metric
Consider for the Left Bank (LB) and the Right Bank (RB). LB RB A A Little or no evidence of conditions that adversely affect reference interaction B B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access , disruption of flood flows through streamside area , leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) C C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide
7. Water Quality Stressors – assessment reach/intertidal zone metric
Check all that apply. A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) B Excessive sedimentation (burying of stream features or intertidal zone) C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem D Odor (not including natural sulfide odors) E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in “Notes/Sketch” section. F Livestock with access to stream or intertidal zone G Excessive algae in stream or intertidal zone H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc) I Other: (explain in “Notes/Sketch” section) J Little to no stressors
8. Recent Weather – watershed metric (skip for Tidal Marsh Streams) For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours B Drought conditions and rainfall exceeding 1 inch within the last 48 hours C No drought conditions
9. Large or Dangerous Stream – assessment reach metric Yes No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition).
10. Natural In-stream Habitat Types – assessment reach metric 10a. Yes No Degraded in-stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in-stream hardening [for example, rip-rap], recent dredging, and snagging)
(evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12)
10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) A Multiple aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) B Multiple sticks and/or leaf packs and/or emergent vegetation C Multiple snags and logs (including lap trees) D 5% undercut banks and/or root mats and/or roots in banks extend to the normal wetted perimeter E Little or no habitat
F 5% oysters or other natural hard bottoms G Submerged aquatic vegetation H Low-tide refugia (pools) I Sand bottom J 5% vertical bank along the marsh K Little or no habitat

*********************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS****************************
11. Bedform and Substrate – assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)
11a. Yes No Is assessment reach in a natural sand-bed stream? (skip for Coastal Plain streams)
11b. Bedform evaluated. Check the appropriate box(es). A Riffle-run section (evaluate 11c) B Pool-glide section (evaluate 11d) C Natural bedform absent (skip to Metric 12, Aquatic Life)
11c. In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach – whether or not submerged. Check
at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare (R) = present but < 10%, Common (C) = > 10-40%, Abundant (A) = > 40-70%, Predominant (P) = > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P Bedrock/saprolite Boulder (256 – 4096 mm) Cobble (64 – 256 mm) Gravel (2 – 64 mm) Sand (.062 – 2 mm) Silt/clay (< 0.062 mm) Detritus Artificial (rip-rap, concrete, etc.)
11d. Yes No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) Check for Tidal Marsh Streams Only
12. Aquatic Life – assessment reach metric (skip for Tidal Marsh Streams) 12a. Yes No Was an in-stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. No Water Other:
12b. Yes No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13.
1 >1 Numbers over columns refer to “individuals” for Size 1 and 2 streams and “taxa” for Size 3 and 4 streams. Adult frogs Aquatic reptiles Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) Beetles Caddisfly larvae (T) Asian clam (Corbicula) Crustacean (isopod/amphipod/crayfish/shrimp) Damselfly and dragonfly larvae Dipterans Mayfly larvae (E) Megaloptera (alderfly, fishfly, dobsonfly larvae) Midges/mosquito larvae Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) Mussels/Clams (not Corbicula) Other fish Salamanders/tadpoles Snails Stonefly larvae (P) Tipulid larvae Worms/leeches
13. Streamside Area Ground Surface Condition – streamside area metric (skip for Tidal Marsh Streams and B valley types)
Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB A A Little or no alteration to water storage capacity over a majority of the streamside area B B Moderate alteration to water storage capacity over a majority of the streamside area C C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction, livestock disturbance, buildings, man-made levees, drainage pipes)
14. Streamside Area Water Storage – streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types)
Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB A A Majority of streamside area with depressions able to pond water ≥ 6 inches deep B B Majority of streamside area with depressions able to pond water 3 to 6 inches deep C C Majority of streamside area with depressions able to pond water < 3 inches deep
15. Wetland Presence – streamside area metric (skip for Tidal Marsh Streams)
Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB Y Y Are wetlands present in the streamside area? N N
16. Baseflow Contributors – assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams)
Check all contributors within the assessment reach or within view of and draining to the assessment reach. A Streams and/or springs (jurisdictional discharges) B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) C Obstruction passing flow during low-flow periods within the assessment area (beaver dam, leaky dam, bottom -release dam, weir) D Evidence of bank seepage or sweating (iron in water indicates seepage) E Stream bed or bank soil reduced (dig through deposited sediment if present) F None of the above
17. Baseflow Detractors – assessment area metric (skip for Tidal Marsh Streams)
Check all that apply. A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) B Obstruction not passing flow during low-flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) C Urban stream (≥ 24% impervious surface for watershed) D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach E Assessment reach relocated to valley edge F None of the above
18. Shading – assessment reach metric (skip for Tidal Marsh Streams)
Consider aspect. Consider “leaf-on” condition. A Stream shading is appropriate for stream category (may include gaps associated with natural processes) B Degraded (example: scattered trees) C Stream shading is gone or largely absent
19. Buffer Width – streamside area metric (skip for Tidal Marsh Streams)
Consider “vegetated buffer” and “wooded buffer” separately for left bank (LB) and right bank (RB) starting at the top of bank out
to the first break. Vegetated Wooded LB RB LB RB A A A A ≥ 100 feet wide or extends to the edge of the watershed B B B B From 50 to < 100 feet wide C C C C From 30 to < 50 feet wide D D D D From 10 to < 30 feet wide E E E E < 10 feet wide or no trees
20. Buffer Structure – streamside area metric (skip for Tidal Marsh Streams)
Consider for left bank (LB) and right bank (RB) for Metric 19 (“Vegetated” Buffer Width). LB RB A A Mature forest B B Non-mature woody vegetation or modified vegetation structure C C Herbaceous vegetation with or without a strip of trees < 10 feet wide D D Maintained shrubs E E Little or no vegetation
21. Buffer Stressors – streamside area metric (skip for Tidal Marsh Streams)
Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet).
If none of the following stressors occurs on either bank, check here and skip to Metric 22: Abuts < 30 feet 30-50 feet LB RB LB RB LB RB A A A A A A Row crops B B B B B B Maintained turf C C C C C C Pasture (no livestock)/commercial horticulture D D D D D D Pasture (active livestock use)
22. Stem Density – streamside area metric (skip for Tidal Marsh Streams)
Consider for left bank (LB) and right bank (RB) for Metric 19 (“Wooded” Buffer Width). LB RB A A Medium to high stem density B B Low stem density C C No wooded riparian buffer or predominantly herbaceous species or bare ground
23. Continuity of Vegetated Buffer – streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide. LB RB A A The total length of buffer breaks is < 25 percent. B B The total length of buffer breaks is between 25 and 50 percent. C C The total length of buffer breaks is > 50 percent.
24. Vegetative Composition – streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contribute s to assessment reach habitat. LB RB A A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. B B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. C C Vegetation is severely disturbed in terms of species diversity or proport ions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non-characteristic species or communities inappropriately composed of a single spec ies or no vegetation.
25. Conductivity – assessment reach metric (skip for all Coastal Plain streams) 25a. Yes No Was conductivity measurement recorded? If No, select one of the following reasons. No Water Other:
25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). A < 46 B 46 to < 67 C 67 to < 79 D 79 to < 230 E ≥ 230
Notes/Sketch: This form represents Gum Branch Canal, which occurs on the west side of Lovette Road. Once Gum Branch Canal flows underneath the Lovette Road culvert, it becomes part of the Lumber River system. Due to identical hydrologic, geomorphic, and biologic chara cteristics, the Lumber River reach is also represented by this form.
Draft NC SAM Stream Rating Sheet
Accompanies User Manual Version 2.1 Stream Site Name NCDOT STIP BP6.R012 Date of Assessment 2/17/2022
Stream Category Ia1 Assessor Name/Organization Nathan Howell - Three Oaks Engineering Notes of Field Assessment Form (Y/N) NO Presence of regulatory considerations (Y/N) NO Additional stream information/supplementary measurements included (Y/N) YES NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Perennial
Function Class Rating Summary USACE/
All Streams
NCDWR
Intermittent (1) Hydrology LOW (2) Baseflow MEDIUM (2) Flood Flow LOW (3) Streamside Area Attenuation MEDIUM (4) Floodplain Access MEDIUM (4) Wooded Riparian Buffer LOW (4) Microtopography HIGH (3) Stream Stability LOW (4) Channel Stability LOW (4) Sediment Transport LOW (4) Stream Geomorphology MEDIUM (2) Stream/Intertidal Zone Interaction NA (2) Longitudinal Tidal Flow NA (2) Tidal Marsh Stream Stability NA (3) Tidal Marsh Channel Stability NA (3) Tidal Marsh Stream Geomorphology NA (1) Water Quality LOW (2) Baseflow MEDIUM (2) Streamside Area Vegetation MEDIUM (3) Upland Pollutant Filtration HIGH (3) Thermoregulation LOW (2) Indicators of Stressors NO (2) Aquatic Life Tolerance LOW (2) Intertidal Zone Filtration NA (1) Habitat LOW (2) In-stream Habitat LOW (3) Baseflow MEDIUM (3) Substrate LOW (3) Stream Stability LOW (3) In-stream Habitat LOW (2) Stream-side Habitat LOW (3) Stream-side Habitat LOW (3) Thermoregulation LOW (2) Tidal Marsh In-stream Habitat NA (3) Flow Restriction NA (3) Tidal Marsh Stream Stability NA (4) Tidal Marsh Channel Stability NA (4) Tidal Marsh Stream Geomorphology NA (3) Tidal Marsh In-stream Habitat NA (2) Intertidal Zone NA Overall LOW

Appendix C

Preliminary ORM Data Sheet
JD Request Form
PJD Form
Waters Upload Sheet

Preliminary ORM Data Entry Fields for New Actions
SAW – 20Ϯ Ͳ BEGIN DATE [Received Date]:
Prepare file folder
1.Project Name [PCN FŽƌm A2a]:
2.Work Type: Private Commercial
4.Property Owner / Applicant [PCN Form A3 or A4]:
5.Agent / Consultant [PCN Form A5 – or ORM Consultant ID Number]:
6.Related Action ID Number(s) [PCN Form B5b]:
8.Project Location - Tax Parcel ID [PCN Form B1a]:
9.Project Location – County [PCN Form A2b]:
10.Project Location – Nearest Municipality or Town [PCN Form A2c]:
11.Project Information – Nearest Waterbody [PCN Form B2a]:

ϭϮ͘tĂƚĞƌƐŚĞĚͬϴͲŝŐŝƚ,LJĚƌŽůŽŐŝĐhŶŝƚŽĚĞ΀WE&ŽƌŵϮĐ΁͗
Authorization: Section 10 Section 404
Regulatory Action Type:
Standard Permit
Nationwide Permit #
Regional General Permit #
Jurisdictional Determination Request
Revised 20150602
3.Project Description / Purpose [PCN Form B3d and B3e]:
7.Project Location - Coordinates͕^ƚƌĞĞƚĚĚƌĞƐƐ͕ĂŶĚͬŽƌ>ŽĐĂƚŝŽŶĞƐĐƌŝƉƚŝŽŶ[PCN Form B1b]:
/ŶƐƚŝƚƵƚŝŽŶĂů Government
Section 10 & 404
Pre-Application Request
Unauthorized ĐƚŝǀŝƚLJ
Compliance
EŽWĞƌŵŝƚZĞƋƵŝƌĞĚ
2
NCDOT WBS No. BP6.R012.1
Proposed Replacement of Bridge No. 770444 on SR 2204 (Lovette Road) over Gum Branch Canal/Lumber River
NCDOT/ Gordon Cashin
James Mason- Three Oaks Eng.
34.609754, -79.016175
Multiple
Robeson
Lumberton
Gum Branch Canal/Lumber River
03040203
X
Jurisdictional Determination Request
Version: May 2017
Page 1

This form is intended for use by anyone requesting a jurisdictional determination (JD) from the
U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting
information, as described within each category, with your request. You may submit your request
via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project
manager of the county in which the property is located. A current list of project managers by
assigned counties can be found on-line at:
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/Contact/CountyLocator.aspx,
by calling 910-251-4633, or by contacting any of the field offices listed below. Once your
request is received you will be contacted by a Corps project manager.
ASHEVILLE & CHARLOTTE REGULATORY
FIELDOFFICES
US ArmyCorps of Engineers
151 Patton Avenue,Room 208
Asheville, North Carolina28801-5006
GeneralNumber: [phone]
Fax Number: [phone]
RALEIGHREGULATORYFIELDOFFICE
US ArmyCorps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina27587
GeneralNumber: [phone]
Fax Number: [phone]
WASHINGTONREGULATORYFIELDOFFICE
US ArmyCorps of Engineers
2407 West Fifth Street
Washington, North Carolina27889
GeneralNumber: [phone]
Fax Number: [phone]
WILMINGTONREGULATORYFIELDOFFICE
US ArmyCorps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
GeneralNumber:910-251-4633
Fax Number: [phone]
INSTRUCTIONS:
All requestors must complete Parts A, B, C, D, E, F and G.
NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part H.
NOTE ON PART D – PROPERTY OWNER AUTHORIZATION: Please be aware that
all JD requests must include the current property owner authorization for the Corps to
proceed with the determination, which may include inspection of the property when
necessary. This form must be signed by the current property owner(s) or the owner(s)
authorized agent to be considered a complete request.
NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for
JD requests associated with North Carolina Department of Transportation (NCDOT)
projects will be conducted according to the current NCDOT/USACE protocols.
NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD
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 also request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
Jurisdictional Determination Request
Version: May 2017
Page 2
A. PARCEL INFORMATION
Street Address: _______________________________________________
City, State: _______________________________________________
County:
Parcel Index Number(s) (PIN):
B. REQUESTORINFORMATION
Name:
Mailing Address:
_________________________________________
Telephone Number: _________________________________________
Electronic Mail Address: ________________________________________
Select one:
I am the current property owner.
I am an Authorized Agent or Environmental Consultant
1
Interested Buyer or Under Contract to Purchase
Other, please explain. ________________________________________
__________________________________________________________
C. PROPERTY OWNER INFORMATION
2
Name:
Mailing Address:
Telephone Number:
Electronic Mail Address:
_______________________________________________________________________________________________________________________
1 Must provide completed Agent Authorization Form/Letter.
2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record).
Multiple Parcels
Lumberton, NC 28360
Robeson
Multiple PIN No.'s
Gordon Cashin
1598 Mail Service Center
Raleigh, NC 27699-1598
919-707-6107
[e-mail]
NCDOT Project
Multiple Property Owners
Multiple Addresses
Lumberton, NC 28360
Multiple
Multiple
✔
Jurisdictional Determination Request
Version: May 2017
Page 3
D. PROPERTY ACCESS CERTIFICATION
3,4
By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on-
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duly authorized agent of the owner of record of the property.
Print Name
Capacity: Owner Authorized Agent5
Date
Signature
E. REASON FOR JD REQUEST:(Check as many as applicable)
I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all aquatic resources.
I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources underCorpsauthority.
I intendto construct/develop a project or perform activities on this parcelwhich may
require authorization from the Corps, andthe JDwould beusedto avoid and minimize
impacts tojurisdictional aquatic resources and as aninitialstep in a future permitting
process.
I intendto construct/develop a project or perform activities on this parcelwhich may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
I intendto construct/develop a project or perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
A Corps JD is required in order obtain my local/state authorization.
I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
I believe that the site may be comprised entirely of dry land.
Other:___________________________________________________________________
_______________________________________________________________________
3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
4 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
5 Must provide agent authorization form/letter signed by owner(s).
✔
Jurisdictional Determination Request
Version: May 2017
Page 4

F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One)
I am requesting that the Corps provide a preliminary JD for the property identified herein.
A Preliminary Jurisdictional Determination (PJD) provides an indication that there may
be “waters of the United States” or “navigable waters of the United States”on a property.
PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all
waters and wetlands on the property will be treated as if they are jurisdictional “waters of
the United States”. PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is
“preliminary” in the sense that an approved JD can be requested at any time. PJDs do
not expire.
I am requesting that the Corps provide an approved JD for the property identified herein.
An Approved Jurisdictional Determination (AJD) is a determination that
jurisdictional “waters of the United States” or “navigable waters of the United
States” are either present or absent on a site. An approved JD identifies the limits of
waters on a site determined to be jurisdictional under the Clean Water Act and/or
Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit
decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be
posted on the Corps website. A landowner, permit applicant, or other “affected
party” (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years
(subject to certain limited exceptions explained in Regulatory Guidance Letter 05-
02).
I am unclear as to which JD I would like to request and require additional information
to inform my decision.
G. ALL REQUESTS
Map of Property or Project Area. This Map must clearly depict the boundaries of the
review area.
Size of Property or Review Area acres.
The property boundary (or review area boundary) is clearly physically marked on the site.
3.7
✔
✔
✔
Jurisdictional Determination Request
Version: May 2017
Page 5

H. REQUESTS FROM CONSULTANTS
Project Coordinates (Decimal Degrees): Latitude: ______________________
Longitude: ______________________
A legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than 11x17 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved).6
ƒNorth Arrow
ƒGraphical Scale
ƒBoundary of Review Area
ƒDate
ƒLocation of data points for each Wetland Determination Data Form or tributary
assessment reach.
For Approved Jurisdictional Determinations:
ƒJurisdictional wetland features should be labeled as Wetland Waters of the US, 404
wetlands, etc. Please include the acreage of these features.
ƒJurisdictional non-wetland features (i.e. tidal/navigable waters, tributaries,
impoundments) should be labeled as Non-Wetland Waters of the US, stream, tributary,
open water, relatively permanent water, pond, etc. Please include the acreage or linear
length of each of these features as appropriate.
ƒIsolated waters, waters that lack a significant nexus to navigable waters, or non-
jurisdictional upland features should be identified as Non-Jurisdictional. Please
include a justification in the label regarding why the feature is non-jurisdictional (i.e.
“Isolated”, “No Significant Nexus”, or “Upland Feature”). Please include the acreage
or linear length of these features as appropriate.
For Preliminary Jurisdictional Determinations:
ƒWetland and non-wetland features should not be identified as Jurisdictional, 404,
Waters of the United States, or anything that implies jurisdiction. These features can be
identified as Potential Waters of the United States, Potential Non-wetland Waters of
the United States, wetland, stream, open water, etc. Please include the acreage and
linear length of these features as appropriate.
Completed Wetland Determination Data Forms for appropriate region
(at least one wetland and one upland form needs to be completed for each wetland type)
____________________________________________________________________________
6 Please refer to the guidance document titled “Survey Standards for Jurisdictional Determinations” to ensure that the
supplied map meets the necessary mapping standards.http://www.saw.usace.army.mil/Missions/Regulatory-Permit-
Program/Jurisdiction/
34.609754
-79.016175
✔
✔
Jurisdictional Determination Request
Version: May 2017
Page 6

Completed appropriate Jurisdictional Determination form
x PJDs,please complete a Preliminary Jurisdictional Determination Form7 and include the
Aquatic Resource Table
x AJDs, please complete an Approved Jurisdictional Determination Form
8
Vicinity Map
Aerial Photograph
USGS Topographic Map
Soil Survey Map
Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
Landscape Photos (if taken)
NCSAM and/or NCWAM Assessment Forms and Rating Sheets
NC Division of Water Resources Stream Identification Forms
Other Assessment Forms
_____________________________________________________________________________
7 www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/JD/RGL_08-02_App_A_Prelim_JD_Form_fillable.pdf
8 Please see http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Jurisdiction/
Principal Purpose:The information thatyouprovide will beusedinevaluating your requestto determine
whether thereareany aquatic resources within the project areasubjecttofederaljurisdictionunder the regulatory
authorities referencedabove.
RoutineUses:Thisinformation maybeshared with the Departmentof Justice andotherfederal, state,and local
government agencies, and the public,andmaybe made available aspartof a public notice as required byfederal
law. Your nameandproperty location wherefederal jurisdiction is to bedetermined will beincluded in the
approved jurisdictional determination (AJD),which will bemade available tothe public on the District's website
andontheHeadquartersUSAGEwebsite.
Disclosure:Submission ofrequested information is voluntary; however, ifinformation is notprovided, the
requestforanAJD cannot beevaluatednorcananAJD be issued.
✔
✔
✔
✔
✔
✔
Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A.REPORT COMPLETION DATE FOR PJD:
B.NAME AND ADDRESS OF PERSON REQUESTING PJD:
C.DISTRICT OFFICE, FILE NAME, AND NUMBER:
D.PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: County/parish/borough: City:
Center coordinates of site (lat/long in degree decimal format):
Lat.:Long.:
Universal Transverse Mercator:
Name of nearest waterbody:
E.REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
Field Determination. Date(s):
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)
See Attached List
Gordon Cashin, 1598 MSC, Raleigh, NC 27699-1598
NC Robeson Lumberton
34.609754 -79.016175
17
Gum Branch Canal/Lumber River
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:
Waters_Name State Cowardin_Code HGM_Code Meas_Type Amount Units Waters_Type Latitude Longitude Local_Waterway
Lumber River NORTH CAROLINA R2UB RIVERINE Linear 96 FOOT RPW 34.610043 -79.016129 Lumber River
Gum Branch Canal NORTH CAROLINA R2UB RIVERINE Linear 93 FOOT RPW 34.609716 -79.016558 Lumber River