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HomeMy WebLinkAbout20221318 Ver 1_SAW-2021-00989 JD_20220926SAW-2021-00989 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-00989 County: Pitt U.S.G.S. Quad: NC-Robersonville West NOTIFICATION OF JURISDICTIONAL DETERNIINATION Requestor: SunEnerul Mr. Nick Tillson Address: 192 Raceway Drive Mooresville, North Carolina 28117 Telephone Number: 704-662-0375 E-mail: nick.tillsonOsunenerul.com Size (acres) 1193.8 Nearest Town Bethel Nearest Waterway Grindle Creek River Basin Pamlico USGS HUC 03020103 Coordinates Latitude: 35.791340 Longitude:-77.354001 Location description: SunEnergvl is located at 6750 NC-30 in Bethel, NC. The review area is comprised of several large parcels of agricultural fields & wooded areas east/northeast of the facility, adiacent to Grindle Creek and Suggs Branch off Big Oak Road, Ford Road, NC-30, & NC-11. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters, including wetlands on the above described moiect area/mmerty, that may be subiect to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 1/19/2022. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. SAW-2021-00989 ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Emily B. Thompson at (910)251-4629 or Emily.B.Thompson(&usace.army.mil. C. Basis For Determination: See the preliminary iurisdictional determination form dated 2/8/2022. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination 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 request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND PHILIP.A. SHANNINgUSACE.ARMY.MIL In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: -J Date of JD: 2/8/2022 Expiration Date of JD: Not applicable SAW-2021-00989 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished (via email): Agent: Davey Resource Group Mr. Wes Frvar Address: 3805 Wrightsville Avenue, Suite 15 Wilmington, North Carolina 28403 Telephone Number: 910-452-0001 ext. 1906 E-mail: Weslev.frvar(&davev.com Property Owner: via authorized agent This is not a survey. All boundaries and distances are considered approximate. This represents a preliminary sketch prepared from field notes. The delineation was field verified by Emily Thompson of the US Army Corps of Engineers on 7/21/2021 and 1/5/2022 04 7 W13 Legend M�a vluyy18, _ " Project Area—1, 193.8 Acres Potential Uplands — 947.3 ac. (79%) Potential Wetlands —235.9 ac. (20%) — Potential Waters of the US (Grindle Creek/Suggs Branch) —9.2 ac. (<1%) Potential Waters of the US (stream)—12,739 LF. Potential Waters of the US (non-stream)—26,020 LF. Potential Open Water-1.4 ac. (<1%) a ` _ 50 ft Tar Pam River Buffer 0 Data Points LN 0 500 1,000 2,000 :\WETLANDS\2020 WETLANDS FILES\LMG20.435 --- Bethel Solar, Jeff McDermott\Maps Feet Boundaries are approximate and not meant to be absolute. Map Source: 2020 NC OneMap Aerial Photography Scale applies to 11X17' print. Bethel Solar Pitt County, INC LM G Post USACE Meeting LAND MANAGEMENT GROUP U p land /Wetland Ma Date: 01/19/2022 p .DAVEY# —pny 3805 Wrightsville Avenue Delineation Sketch LMG20.435 Wilmington, NC 28403 (910) 452-0001 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND FA REQUEST FOR APPEAL licant: SunEner 1, Mr. Nick Tillson File Number: SAW-2021-00989 Date: 2/8/2022 ached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D ❑X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.mit/Missions/CivilWorks/RegulatoryProgramandPermits.asi) or the Corps regulations at.33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Admilstrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Admimistrativc AppcalProccss by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. Nor - SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division MR. PHILIP A. SHANNIN Attn: Emily B. Thompson ADMINISTRATIVE APPEAL REVIEW OFFICER Washington Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST, FLOOR M9 2407 West Fifth Street ATLANTA, GEORGIA 30303-8803 Washington, North Carolina 27889 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHILIP.A.SHANNIN(aUSACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportum to participate in all site invest] ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Emily B. Thompson, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 02/07/2022 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: SunEnergyl, Mr. Nick Tillson, 192 Raceway Drive, Mooresville, North Carolina 28117 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Bethel Solar/Big Oak Rd and NC 30/SunEnergyl/Pitt, SAW-2021-00989 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: SunEnergyl is located at 6750 NC- 30 in Bethel, NC. The review area is comprised of several large parcels of agricultural fields & wooded areas cast/northeast of the facility, adjacent to Grindle Creek and Suggs Branch off Big Oak Road, Ford Road, NC- 30, & NC-11. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Pitt City: Bethel Center coordinates of site (lat/long in degree decimal format): Latitude: 35.791340 Longitude:-77.354001 Universal Transverse Mercator: 18 Name of nearest waterbody: Grindle Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ®Field Determination. Date(s): July 21, 2021 & January 5, 2022 TABLE OF AQUATIC RESOURCES IN REVIEWAREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude Longitude Estimated Type of aquatic Geographic (decimal (decimal amount of resource (i.e., authority to degrees) degrees) aquatic resource wetland vs. non- which the in review area wetland waters) aquatic resource (acreage and "may be" subject linear feet, if (i.e., Section 404 applicable) or Section 10/404 SAW-2021-00989 35.790085 -77.359879 0.156 acres Non -wetland Section 404 01 waters SAW-2021-00989 35.797249 -77.34771 0.325 acres Non -wetland Section 404 02 waters SAW-2021-00989 35.804996 -77.356255 0.701 acres Non -wetland Section 404 03 waters SAW-2021-00989 35.802151 -77.361839 0.183 acres Non -wetland Section 404 04 waters SAW-2021-00989 35.8053 -77.3633 2.83 acres Non -wetland Section 404 R1 waters SAW-2021-00989 35.793999 -77.361702 791.11 feet Non -wetland Section 404 R10 waters SAW-2021-00989 35.789902 -77.365997 3664.14 feet Non -wetland Section 404 R11 waters SAW-2021-00989 35.792099 -77.369904 436.87 feet Non -wetland Section 404 R12 waters SAW-2021-00989 35.7947 -77.3582 4.56 acres Non -wetland Section 404 R2 waters SAW-2021-00989 35.7977 -77.3647 1.77 acres Non -wetland Section 404 R3 waters SAW-2021-00989 35.801601 -77.362602 1858.85 feet Non -wetland Section 404 R4 waters SAW-2021-00989 35.803902 -77.347 877.62 feet Non -wetland Section 404 R5 waters SAW-2021-00989 35.799702 -77.346802 2694 feet Non -wetland Section 404 R6 waters SAW-2021-00989 35.7966 -77.348999 485.43 feet Non -wetland Section 404 R7 waters SAW-2021-00989 35.7953 -77.3508 885.59 feet Non -wetland Section 404 R8 waters SAW-2021-00989 35.792599 -77.361198 1045.46 feet Non -wetland Section 404 R9 waters SAW-2021-00989 35.807499 -77.3591 319.01 feet Non -wetland Section 404 S 1 waters SAW-2021-00989 35.8008 -77.359901 48.99 feet Non -wetland Section 404 S 10 waters SAW-2021-00989 35.797798 -77.357697 796.56 feet Non -wetland Section 404 S 11 waters SAW-2021-00989 35.797501 -77.347298 283.57 feet Non -wetland Section 404 S 12 waters SAW-2021-00989 35.796501 -77.344803 302.42 feet Non -wetland Section 404 S 13 waters SAW-2021-00989 35.7957 -77.352997 1348.6 feet Non -wetland Section 404 S 14 waters SAW-2021-00989 35.793598 -77.3535 898.11 feet Non -wetland Section 404 S 15 waters SAW-2021-00989 35.793999 -77.363098 707.33 feet Non -wetland Section 404 S 16 waters SAW-2021-00989 35.7939 -77.3666 311.44 feet Non -wetland Section 404 S 17 waters SAW-2021-00989 35.7911 -77.369202 482.19 feet Non -wetland Section 404 S 18 waters SAW-2021-00989 35.793201 -77.362198 238.62 feet Non -wetland Section 404 S 19 waters SAW-2021-00989 35.8064 -77.358299 156.9 feet Non -wetland Section 404 S2 waters SAW-2021-00989 35.790798 -77.361 324.49 feet Non -wetland Section 404 S20 waters SAW-2021-00989 35.790798 -77.359001 627.43 feet Non -wetland Section 404 S21 waters SAW-2021-00989 35.7878 -77.360901 3650.87 feet Non -wetland Section 404 S22 waters SAW-2021-00989 35.789101 -77.363098 646.33 feet Non -wetland Section 404 S23 waters SAW-2021-00989 35.7896 -77.363899 435.16 feet Non -wetland Section 404 S24 waters SAW-2021-00989 35.7882 -77.364197 1797.06 feet Non -wetland Section 404 S25 waters SAW-2021-00989 35.785599 -77.360603 332.89 feet Non -wetland Section 404 S26 waters SAW-2021-00989 35.783401 -77.358704 402.76 feet Non -wetland Section 404 S27 waters SAW-2021-00989 35.804699 -77.352997 4199.02 feet Non -wetland Section 404 S3 waters SAW-2021-00989 35.801701 -77.350899 988.95 feet Non -wetland Section 404 S4 waters SAW-2021-00989 35.801399 -77.351898 994 feet Non -wetland Section 404 S5 waters SAW-2021-00989 35.804401 -77.345596 2364.72 feet Non -wetland Section 404 S6 waters SAW-2021-00989 35.802399 -77.344002 2321.11 feet Non -wetland Section 404 S7 waters SAW-2021-00989 35.802799 -77.362999 977.72 feet Non -wetland Section 404 S8 waters SAW-2021-00989 35.803001 -77.365097 63.48 feet Non -wetland Section 404 S9 waters SAW-2021-00989 35.808292 -77.360641 8.92 acres Wetland Section 404 W1 SAW-2021-00989 35.795635 -77.362648 13.35 acres Wetland Section 404 W10 SAW-2021-00989 35.796051 -77.364349 0.05 acres Wetland Section 404 W11 SAW-2021-00989 35.798923 -77.365242 0.02 acres Wetland Section 404 W12 SAW-2021-00989 35.798027 -77.357483 0.58 acres Wetland Section 404 W13 SAW-2021-00989 35.794014 -77.355354 33.08 acres Wetland Section 404 W14 SAW-2021-00989 35.792908 -77.360252 0.26 acres Wetland Section 404 W15 SAW-2021-00989 35.794353 -77.350639 11.67 acres Wetland Section 404 W16 SAW-2021-00989 35.796913 -77.349037 1.2 acres Wetland Section 404 W17 SAW-2021-00989 35.800297 -77.343498 52.4499 acres Wetland Section 404 W18 SAW-2021-00989 35.803013 -77.343788 0.29 acres Wetland Section 404 W19 SAW-2021-00989 35.805855 -77.36306 10.61 acres Wetland Section 404 W2 SAW-2021-00989 35.786827 -77.351692 9.64 acres Wetland Section 404 W20 SAW-2021-00989 35.787243 -77.358658 28.21 acres Wetland Section 404 W21 SAW-2021-00989 35.783352 -77.358574 0.35 acres Wetland Section 404 W22 SAW-2021-00989 35.784084 -77.365173 1.19 acres Wetland Section 404 W23 SAW-2021-00989 35.806789 -77.356766 3.16 acres Wetland Section 404 W3 SAW-2021-00989 35.808403 -77.355255 0.85 acres Wetland Section 404 W4 SAW-2021-00989 35.805744 -77.347694 59.5699 acres Wetland Section 404 W5 SAW-2021-00989 35.802689 -77.365196 0.07 acres Wetland Section 404 W6 SAW-2021-00989 35.802563 -77.365364 0.08 acres Wetland Section 404 W7 SAW-2021-00989 35.800957 -77.365349 0.05 acres Wetland Section 404 W8 SAW-2021-00989 35.799904 -77.365517 0.2 acres Wetland Section 404 W9 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 AID 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 are included in the administrative record and are appropriately cited: ®Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Davey Resource Group Map: Post USACE Meeting Upland/Wetland Delineation Sketch, 1-19-2022 ®Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ® 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: USACE National Regulatory Viewer — SAD — NC ❑USGS 8 and 12 digit HUC maps: ® U.S. Geological Survey map(s). Cite scale & quad name: USGS Pitt County GIS Mosaic ®Natural Resources Conservation Service Soil Survey. Citation: USGS Pitt County GIS Mosaic ® National wetlands inventory map(s). Cite name: USACE National Regulatory Viewer — SAD — NC ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): NAPP 1998, 2020 NC One Map or ❑ Other (Name & Date): El Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): Gen2 LiDAR; Antecedent Precipitation Tool 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. -3. �jelt4el Signaturcauid date of Regul Cory staff member completing PJD 2/8/2022 W&90 A r- yAr 2/8/22 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 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.