20211535 Ver 3_SAW-2021-01544 PJD Form_20220701

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 01-JUL-2022
B. NAME AND ADDRESS OF PERSON REQUESTING PJD:
Timmons Group, attn: Matt Michel, 428 Eastwood Road, Wilmington, NC 28403
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
SAW, Alamance Medical Site / Gibsonville NC / Guilford County, SAW-2021-01544
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: Guilford County City: Gibsonville
Center coordinates of site (lat/long in degree decimal format):
Lat.: 36.084241 ° Long.:-79.5596650
Universal Transverse Mercator: 17
Name of nearest waterbody: Rock Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
x❑ Field Determination. Date(s): 9/1/2021
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION.
Site Number
Latitude (decimal
Longitude
Estimated amount
Type of aquatic
Geographic
degrees)
(decimal degrees)
of aquatic
resource (i.e.,
authority to which
resource in review
wetland vs. non-
the aquatic
area (acreage and
wetland waters)
resource "may be"
linear feet, if
subject (i.e.,
applicable)
Section 404 or
Section 10/404
Stream B
36.0856
-79.5599
732 feet
Non -wetland waters
Section 404
Stream C
36.0824
-79.5599
368 feet
Non -wetland waters
Section 404
Stream D
36.0859
-79.5593
159 feet
Non -wetland waters
Section 404
Wetland A
36.0824
-79.5605
0.0021 acres
Wetland
Section 404
Wetland E
36.0824
-79.5604
0.0142 acres
Wetland
Section 404
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.
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Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
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:
' 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.
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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:Vicinity, HUC, environmental inventory, parcel, NRCS soils, delineation map
0 Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑x 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: 030300020305 (Cape Fear River Basin)
❑ USGS NHD data.
0 USGS 8 and 12 digit HUC maps.
❑■ U.S. Geological Survey map(s). Cite scale & quad name: Gibsonville, 2019; 1:24,000
❑■ Natural Resources Conservation Service Soil Survey. Citation: Guilford County, 1977
❑■ National wetlands inventory map(s). Cite name: USFWS NWI North Carolina 2018
❑ State/local wetland inventory map(s):
❑■ FEMA/FIRM maps: #3710883500K and 3710883400K (effective date June 18, 2007)
❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
❑■ Photographs: ■❑ Aerial (Name & Date): NC OneMap Orthoimagery 2017
or ■❑ Other (Name & Date): Landscape
❑ Previous determination(s). File no. and date of response letter:
x❑ Other information (please specify): QL2 LiDAR (NC SDD)
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:2022.07.01
10:59:41-04'00'
Signature and date of
Regulatory staff member
completing PJD
oNy=�g„ad ,aaM��ne�
Matt Michel o,; @on,Mso4 om CH -„ 11MI 1
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
' 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.