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HomeMy WebLinkAbout20210816 Ver 1_SAW-2014-02098 PJD Form_20220727Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 7/27/2022 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Brad Luckey, Pilot Environmental, Inc. 743 Park Lawn Ct., Kernersville, NC 27284 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: SAW, Project 350 South / Sandy Ridge Road / Adkins Road / Joe Drive / Greensboro / Guilford County, SAW-2014-02098 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) PJD Review Area shown on the enclosed figures, labeled Delineation Figures 1-5. State: NC County/parish/borough: Guilford County City: Colfax Center coordinates of site (lat/long in degree decimal format): Lat.: 36.08011 ° Long.:-80.0014740 Universal Transverse Mercator: 17 Name of nearest waterbody: Deep River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: x❑ Field Determination. Date(s): 8/17/2021 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 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM 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 Pond DPA 36.08276 -79.99829 2.464 acres Section 404 Stream BSA 36.0794 -80.0042 112 feet Non -wetland waters Section 404 Stream DSA 36.07835 -79.99679 1870 feet Non -wetland waters Section 404 Stream DSB 36.07894 -79.99684 170 feet Non -wetland waters Section 404 Stream DSC 36.08237 -79.99934 120 feet Non -wetland waters Section 404 Stream DSE 1 36.082997 -79.99568 160 feet Non -wetland waters Section 404 Stream DSE 2 36.082684 -79.995994 360 feet Non -wetland waters Section 404 Stream DSF 36.075281 -80.003223 570 feet Non -wetland waters Section 404 Stream MSA 36.081268 -80.003355 2000 feet Non -wetland waters Section 404 Stream MSB 36.079643 -80.004469 250 feet Non -wetland waters Section 404 Stream MSC 36.081686 -80.006758 560 feet Non -wetland waters Section 404 Wetland BW 36.0815 -80.0027 0.042 acres Wetland Section 404 Wetland BWB 36.0794 -80.0043 0.0008 acres Wetland Section 404 Wetland DWA 1-10 36.079813 -79.998931 0.027 acres Wetland Section 404 Wetland DWB 1-5 36.079121 -79.997976 0.028 acres Wetland Section 404 Wetland DWC 1-8 36.07836 -79.996927 0.026 acres Wetland Section 404 Wetland DWD 1-6 36.078781 -79.997036 0.011 acres Wetland Section 404 Wetland DWE 1-39 36.082759 -79.997051 0.953 acres Wetland Section 404 Wetland DWF 1-6 36.082742 -79.995807 0.013 acres Wetland Section 404 Wetland DWG 1-11 36.075361 -80.003353 0.054 acres Wetland Section 404 Wetland MWA 1-9 36.081304 -80.003082 0.117 acres Wetland Section 404 Wetland MWB 1-20 36.080599 -80.004572 0.049 acres Wetland Section 404 Wetland MWD 1-10 36.079728 -80.007275 0.047 acres Wetland Section 404 Wetland MWE 1-12 136.079493 80.006997 10.032 acres I Wetland I 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. Page 2 of 4 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. Page 3 of 4 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM 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: X K9 Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Aerial, soils, and topo maps (PEI). 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: USGS NHD data. _ USGS 8 and 12 digit HUC maps. X U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000 Guilford/Kernersville Quads. X Natural Resources Conservation Service Soil Survey. Citation: Guilford Co. Soil Survey. 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) X Photographs: X Aerial (Name & Date): _ or _ Other (Name & Date): X Previous determination (s). File no. and date of response letter: AJD issued 11/14/2014 under SAW- 2014-02098. X Other information (please specify): QL2 LiDAR (NC SDD website). 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: 2022.07.27 08:39:12-04'00' Signature and date of Regulatory staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' 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 4 of 4 I Delineation Figure 1 9 FLAG NUMBERS/INFORMATION Drawing 5.1 WETLAND FLAGS = STREAM/POND FLAGS = Wetland Flags = 142 Stream/Pond Flags = Flagged at confluences 0 Drawing 5.2 LEGEND m Site Boundary Pond ...... Intermittent Stream Perennial Stream Wetland DP-1 O Data Point WA 1-5 Feature ID Verification Results and intersections; surveyor locate ■ Culvert THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MR. DAVID BAILEY WITH THE USACE ON AUGUST 17, 2021. MS. SUE HOMEWOOD WITH THE NCDEQ-DWR CLASSIFIED STREAM BSA AS INTERMITTENT DURING A 9.2.21 SITE VISIT. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT PERSONNEL ON 4/29/21. ■ Drawing 5 2018 Satellite Imagery from ESRI and Pilot GPS Data Scale: 1" = 700' Date: 10.11.21 rlimill P I E O T E N V I R 0 N M E N T A L, I N L Wetland Map 350 South Approximate 225-Acre Tract Colfax, Guilford County, NC Pilot Project 6791 Delineation Figure 2 MWD 1-10 (0.047 Ac) MWE 1-12 (0.032 AC) BW 1-2 0.042 AC) w MSA \ MWA1-9 (2,000 Lf) (0.117 Ac) —�MWB 1-20 (0.049 AC) DP-40 O O DP-3 MSB (250 Lf) FLAG NUMBERS/INFORMATION WETLAND FLAGS = STREAM/POND FLAGS = Wetland Flags = 142 Stream/Pond Flags = Flagged at confluences and intersections: surveyor locate BSA (112 Lf) Randleman Buffer Begins: 36.07944,-80.00423 BWB 1-2 0.0008 Ac DWG 1-11 / (0.054 Ac) DSA (1,870 Lf) E LEGEND Site Boundary Pond ...... Intermittent Stream Perennial Stream Wetland DP-1 O Data Point WA 1-5 Feature ID Verification Results ■ Culvert THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MR. DAVID BAILEY WITH THE USACE ON AUGUST 17, 2021. MS. SUE HOMEWOOD WITH THE NCDEQ-DWR CLASSIFIED STREAM BSA AS INTERMITTENT DURING A 9.2.21 SITE VISIT. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT PERSONNEL ON 4/29/21. Drawing 5.1 2018 Satellite Imagery from ESRI and Pilot GPS Data Scale: 1" = 300' Date: 10.11.21 PILOTPIRMT ENV I R O N M E N T A L, I N L Wetland Map 350 South Approximate 225-Acre Tract Colfax, Guilford County, NC Pilot Project 6791 .......... DSA (1,870 Lf) DWA 1-10 (0.027 Ac) FLAG NUMBERS/INFORMATION DSE 1 — (160 Lf) DWF 1-6 (0.013) Delineation Figure 3 LEGEND Site Boundary DWB 1-5 (0.028 AC) Pond / DSB (170 Lf) ■ ■ ■ ■ ■ ■ Intermittent Stream \ Perennial Stream Wetland WETLAND FLAGS — DP-1 O Data Point STREAM/POND FLAGS = DWD1-6 WA 1-5 Feature ID Wetland Flags = 142 (0.011AC) DWC 1-8 SA 1-5 Verification Results Stream/Pond Flags = Flagged at confluences (0.026AC) and intersections; surveyor locate ■ Culvert THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MR. DAVID BAILEY WITH THE USACE ON AUGUST 17, 2021. MS. SUE HOMEWOOD WITH THE NCDEQ-DWR CLASSIFIED STREAM BSA AS INTERMITTENT DURING A 9.2.21 SITE VISIT. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT PERSONNEL ON 4/29/21. W 7 Drawing 5.2 Wetland Map 2018 Satellite Imagery from ESRI L H 350 South and Pilot GPS Data `" .' Approximate 225-Acre Tract Scale: 1" = 200' — o ,,, = Colfax, Guilford County, NC Date: 10.11.21 Pilot Project 6791 P I E 0 T E N V I R 0 N M E N T A L I N L Delineation Figure 4 LEGEND Site Boundary sa 1-s Flag Number DP-1 Data Point N E LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE PRELIMINARY AND APPROXIMATE. THEY HAVE NOT BEEN VERIFIED BY THE USACE D/OR THE NCDEQ-DWR. THEY HAVE NOT BEEN SURVEYED. Drawing 5 Wetland Map Satellite Imagery from ESRI v` Gallimore Dairy Road and Pilot GPS Data Scale: 1" = 200' - 1`�;1` 'y` I ������� ?' ,�' , Approximate 8.75-Acre Tract Colfax, Guilford County, NC Date:11.2.21 ""°T EN"'"°NME"T"`.'"` Pilot Project6791.1 Delineation Figure 5 DP-1 LEGEND Site Boundary DP-1 o Data Point STREAMS AND WETLANDS WERE NOT IDENTIFIED ON THE SITE DURING THE DELINEATION. THE DELINEATION HAS NOT BEEN VERIFIED BY THE USACE AND/OR THE NCDEQ-DWR. Drawing 5 Wetland Map Satellite Imagery from ESRI s'�r�. r. 8545 Adkins Road and Pilot GPS Data}1<_;;1 Approximate 5.10-Acre Tract Scale: 1 = 100 Colfax, Guilford County, NC Date: 5.18.22 Pilot Project 6791.5 .- ii LU1 LhV h0YMi N7.5 L. tit