2019-00840 AJD-PJD Tearsheet.pdf

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-00840 County: Guilford U.S.G.S. Quad: NC -Guilford
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: NCDOT
Attn: Jerry Parker
Address: 1584 Yancevville Street
Greensboro, NC 27415-4996
Size (acres) -50.5 Nearest Town Greensboro
Nearest Waterway East Fork Deep River River Basin Cape Fear
USGS HUC 03030002 Coordinates 36.068155,-79.951649
Location description: The project area is located along Gallimore Dairy Road, from NC 68 (Eastchester Drive) to iust south of
Airpark Road in Greensboro, Guilford County, North Carolina.
The Approved Jurisdictional Determination Review Area is shown as the area within the yellow -outlined "Approved
Jurisdictional Determination Area" on the attached map entitled "Potential Water Resources Mad', (Figure 3).
The Preliminary Jurisdictional Determination Review Areas are shown as the areas within red -outlined "Study Area
(Preliminary Jurisdictional Determination Review Area)" on the attached map entitled "Potential Water Resources Mad',
Fi ure 3).
Indicate Which of the Following Apply:
A. Preliminary Determination
® 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). 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 within the above -described PJD
Review Area on the enclosed delineation map. 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.

SAW-2019-00840
❑ 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.
® 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 _.
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 on _. 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 within the above -described AJD Review Area 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 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 David E. Bailey at [phone] or
David.E.Bailev2(a,usace. armv.mil.
C. Basis For Determination: See the ADDroved and Preliminary Jurisdictional Determination forms, dated 10/20/2022.
D. Remarks: Note that the features labeled "Stormwater Wetland", "Stormwater Pond PA", and "Stormwater Pond PB"
are not subject to Section 404 of the Clean Water Act.
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.SHANNIN &USACE.ARMY.MIL

SAW-2019-00840
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
Date of JD: 10/20/2022
jj Date: 2022.10.20 09:10:59-04'00'
Expiration Date of Approved JD: 10/19/2027
Expiration Date of Preliminary JD: Not applicable
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 our Customer Satisfaction Survey, located online at https://re ug latoly.ops.usace.gM.mil/customer-service-survey/.
Electronic Copies Furnished:
Ryan Conchilla, NCDWR

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n pit Care
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001.
!4 Stormwater Wetland Stormwater Pond PB •
(Non -jurisdictional) (Non -jurisdictional)
it
r4 � P SC
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jr4w' * _ � Q iL + ^' /� NORTH CAROLINA DEPARTMENT OF
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PA` ► ` � Q Study Area Determination Review Area)
+ In -line Stormwater Pond PA � � � � Potential Wetland Waters of the US PROJECT STIP U-4015A
• + �. (Non -jurisdictional, see GALLIMORE DAIRY ROAD WIDENING PROJECT
SAW-2008-00581) - _ Potential Non -Wetland Waters (Perennial Stream) GUILFORD COUNTY
r 200 400 800 1, 200 Potential Non -Wetland Waters (Intermittent Stream)
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Feel Stormwater Management Facility
T .r ' Es `" 0N POTENTIAL WATER RESOURCES MAP FIGURE 3

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: NCDOT (Attn: Jerry Parkerl File Number: SAW-2019-00840 Date: 10/20/2022
Attached 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
❑X
APPROVED JURISDICTIONAL DETERMINATION
D
0
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.g.M.mil/Missions/CivilWorks/Re u to ProgramandPermits.aspx
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 Administrative 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 Administrative 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.
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.
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: David E. Bailey
ADMINISTRATIVE APPEAL REVIEW OFFICER
Raleigh Regulatory Office
CESAD-PDS-O
U.S Army Corps of Engineers
60 FORSYTH STREET SOUTHWEST, FLOOR M9
3331 Heritage Trade Drive, Suite 105
ATLANTA, GEORGIA 30303-8803
Wake Forest, North Carolina 27587
PHONE: [phone]; FAX [phone]
EMAIL: PHILIP.A.SHANNIN(&USACE.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 opportuni to participate in all site investi 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: David E. Bailey, 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: [phone]

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): October 20, 2022
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, NCDOT / U-4015A / Gallimore Dairy Road
Improvements / Guilford County / Transportation / Greensboro NC, SAW-2019-00840
C. PROJECT LOCATION AND BACKGROUND INFORMATION: The project area is located along Gallimore Dairy Road,
from NC 68 (Eastchester Drive) to just south of Airpark Road in Greensboro, Guilford County, North Carolina.
State: North Carolina County/parish/borough: Guilford County City: Greensboro
Center coordinates of site (lat/long in degree decimal format): Lat. 36.0688645945016°N, Long.-79.9519413299017' W
Universal Transverse Mercator: 17 594378.47 3992094.83
Name of nearest waterbody: East Fork Deep River
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows:
Name of watershed or Hydrologic Unit Code (HUC): Deep, 03030003
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
❑ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different
JD form:
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 4/25/2019
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
❑ Waters subject to the ebb and flow of the tide.
❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Is "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply):
❑ TNWs, including territorial seas
❑ Wetlands adjacent to TNWs
® Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
❑ Non-RPWs that flow directly or indirectly into TNWs
❑ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
® Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
❑ Impoundments of jurisdictional waters
❑ Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non -wetland waters: 877 linear feet, 5-20 wide, and/or acres.
Wetlands: 0.012 acres.
c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if known):
Non -regulated waters/wetlands (check if applicable):3
® Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain: There are 2 waterbodies within the AJD Review Area that were constructed as stormwater treatment ponds
or wetlands; these features are not subject to CWA Section 404 jurisdiction, per 33 CFR § 328.3: "Waste treatment
systems, including treatment ponds or lagoons designed to meet the requirements of CWA (other than cooling ponds
as defined in 40 CFR 423.11(m) which also meet the criteria of this definition) are not waters of the United States."
The Stormwater Wetland is shown as a designed treatment feature on the "Grading and Erosion Control Plan"
(Sheet C-21) for the Greensboro Pipe Company (see attached plan).
' Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
s Supporting documentation is presented in Section III.F.

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Stormwater Pond PA is also known as Regency Lake, and was constructed as an in -line treatment pond for
Piedmont Center (see attached "Grading Plan" and Site Plan" and SAW-2008-00581).
Another water body, Stormwater Pond PB, is a pond constructed in uplands, based on my site visit and review of remotely sensed
resources including QL2 LiDAR, aerial photos, and topo maps. There are no features with Ordinary High Waters
Marks or hydric soils or hydrology indicators above the feature which drain into the featured. Further, the areas
immediately below the feature had neither hydric soils, hydrology indicators, or indicators of Ordinary High Water
Marks. As such, per Federal Register pg. 41218, Vol. 51, No. 219, 11/13/1986, Stormwater Pond PB constructed in
uplands is not considered waters of the US.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section IILA.1 and Section III.D.1, only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.1.; otherwise, see Section III.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent':
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.0 below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Pick List
Drainage area: Pick List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
❑ Tributary flows through Pick List tributaries before entering TNW.
° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.

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Project waters are Pick List river miles from TNW.
Project waters are Pick List river miles from RPW.
Project waters are Pick List aerial (straight) miles from TNW.
Project waters are Pick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW':
Tributary stream order, if known:
(b) General Tributary Characteristics (check all that apply):
Tributary is: ❑ Natural
❑ Artificial (man-made). Explain:
❑ Manipulated (man -altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Pick List.
Primary tributary substrate composition (check all that apply):
❑ Silts ❑ Sands
❑ Cobbles ❑ Gravel
❑ Bedrock ❑ Vegetation. Type/% cover:
❑ Other. Explain:
❑ Concrete
❑ Muck
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: Pick List
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: Pick List
Estimate average number of flow events in review area/year: Pick List
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pick List. Characteristics:
Subsurface flow: Pick List. Explain findings:
❑ Dye (or other) test performed:
Tributary has (check all that apply):
❑ Bed and banks
❑ OHWM6 (check all indicators that apply):
❑ clear, natural line impressed on the bank
❑ the presence of litter and debris
❑ changes in the character of soil
❑ destruction of terrestrial vegetation
❑ shelving
❑ the presence of wrack line
❑ vegetation matted down, bent, or absent
❑ sediment sorting
❑ leaf litter disturbed or washed away
❑ scour
❑ sediment deposition
❑ multiple observed or predicted flow events
❑ water staining
❑ abrupt change in plant community
❑ other (list):
❑ Discontinuous OHWM.7 Explain:
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
❑ High Tide Line indicated by: ❑ Mean High Water Mark indicated by:
❑ oil or scum line along shore objects ❑ survey to available datum;
❑ fine shell or debris deposits (foreshore) ❑ physical markings;
s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.
'A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.

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❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types.
❑ tidal gauges
❑ other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
(iv) Biological Characteristics. Channel supports (check all that apply):
❑ Riparian corridor. Characteristics (type, average width):
❑ Wetland fringe. Characteristics:
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
❑ Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Pick List. Explain:
Surface flow is: Pick List
Characteristics:
Subsurface flow: Pick List. Explain findings:
❑ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
❑ Ecological connection. Explain:
❑ Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the � floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
❑ Riparian buffer. Characteristics (type, average width):
❑ Vegetation type/percent cover. Explain:
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
❑ Aquatic/wildlife diversity. Explain findings:

-5-
Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick List
Approximately acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section I1I.1):
Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section 11I.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section I1I.1):
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
❑ TNWs: linear feet, wide, Or acres.
❑ Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: East Fork Deep River and Stream SA both include numerous OHWM indicators, are visible on
all available aerial photography, and were determined to be perennial by the delineating consultant (RK&K).

-6-
❑ Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
® Tributary waters: 877 linear feet 5-20 wide.
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
❑ Tributary waters: linear feet, wide.
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
® Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that
tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW:
Wetland WA extends to the banks of Stream SA. Wetland WC is directly connected to East Fork Deep River via
a wet culvert
❑ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: 0.012 acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres
Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
❑ Demonstrate that impoundment was created from "waters of the U.S.," or
❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
❑ Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):"
❑ which are or could be used by interstate or foreign travelers for recreational or other purposes.
❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
❑ which are or could be used for industrial purposes by industries in interstate commerce.
'See Footnote # 3.
' To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
'"Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.

-7-
❑ Interstate isolated waters. Explain:
❑ Other factors. Explain:
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
❑ Tributary waters: linear feet, wide.
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
❑ Wetlands: acres.
F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
❑ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
® Other: (explain, if not covered above): There are 2 waterbodies within the AJD Review Area that were constructed as
stormwater treatment ponds or wetlands; these features are not subject to CWA Section 404 jurisdiction, per 33 CFR §
328.3: "Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA (other
than cooling ponds as defined in 40 CFR 423.11(m) which also meet the criteria of this definition) are not waters of the
United States."
The Stormwater Wetland is shown as a designed treatment feature on the "Grading and Erosion Control Plan" (Sheet C-
21) for the Greensboro Pipe Company (see attached plan).
Stormwater Pond PA is also known as Regency Lake, and was constructed as an in -line treatment pond for Piedmont
Center (see attached "Grading Plan" and Site Plan" and SAW-2008-00581).
Another water body, Stormwater Pond PB, is a pond constructed in uplands, based on my site visit and review of remotely
sensed resources including QL2 LiDAR, aerial photos, and topo maps. There are no features with Ordinary High Waters
Marks or hydric soils or hydrology indicators above the feature which drain into the featured. Further, the areas
immediately below the feature had neither hydric soils, hydrology indicators, or indicators of Ordinary High Water
Marks. As such, per Federal Register pg. 41218, Vol. 51, No. 219, 11/13/1986, Stormwater Pond PB constructed in uplands
is not considered waters of the US.
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
❑ Non -wetland waters (i.e., rivers, streams): linear feet, wide.
® Lakes/ponds: 1.75 acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
® Wetlands: 0.1 acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
❑ Non -wetland waters (i.e., rivers, streams): linear feet, wide.
❑ Lakes/ponds: acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
❑ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Aerial, soils, and topo maps (RK&K)
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: 1:24K; Guilford

-8-
® USDA 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 Geodectic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date): 2018 NCCGIA
or ❑ Other (Name & Date):
® Previous determination(s). File no. and date of response letter: SAW-2008-00581
❑ Applicable/supporting case law:
❑ Applicable/supporting scientific literature:
® Other information (please specify): QL2 LiDAR; "Grading Plan" and Site Plan" and email correspondence in SAW-2008-
00581 Admin. Record; "Grading and Erosion Control Plan" (Sheet C-21) for the Greensboro Pipe Company
B. ADDITIONAL COMMENTS TO SUPPORT JD:
The form applies only to the features shown within the Approved Jurisdictional determination Area" on the sketch entitled
"Potential Water Resources Map Figure 3."

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Tugwell, Todd J SAW
From: Tugwell, Todd J SAW
Sent: Tuesday, June 20, 2006 2:49 PM
To: 'DERRICK BOONE'
Subject: RE: Regency Lake Regional Stormwater Basiri4.F�e-send
�74w-'''"fir
Derrick,
I have reviewed the information. As we discussed earlier by phone, the lake was cIear l� constructed as a
treatment lake and is therefore not subject to Sect ian 404 permitting requirements. Please note that this
determination extends only to the ordinary high water for the pond (i.e., to the edge of jurisdiction for the
impounded area), and not upstream or downstream from the pond. Based on the submitted plans, it 15 not
clear whether excavation and/or fill (including riprap) is required at the outlet of the pipe. If sediment
removal activities require any discharge of material into these areas, a permit will be required. Also, plans
suggest that wetlands may be present near the outlet, which would also be subject to permitting
requirements.
Please consider this email as verification that the work within the lake does not need a Corps permit. Let
me know if you have any other questions, a if you need permits for other portions of tie work,
Todd J. Tugwell
Regulatory Project Manager
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
work: 919-876-8441 ext. 26
fax: [phone]
www.sow.usece.army.miI/WETLAN1)S/index.htmI
From: DERRICK BOONE[mailto:[e-mail]]
Sent: Tuesday, June 20, 2006 2:30 PM
To: Tugwell, Todd J SAW
Subject: Regency Lake Regional Stormwater Basin- Re -send
Todd,
I apologize, but it appears that not ail of my previous e-mail was sent.
I talked with you earlier this week in regards to Regency Lake. You mentioned that if I provided documentation
that Regency Lake was designed for stormwater detention/treatment you would provide in writing that sediment
removal was exempt from permitting requirements.
1). l have attached a copy of the construction plans for Regency Lake. Hatched in red are :he areas where
sediment will be removed from the upper pool and also directly downstream of the spillway. Neither the existing
wetlands downstream of the upper control wall or the natural channel upstream and downstream of the upper
pool will be disturbed.
6/20/2006

MATCH
EXISTING
CHANNF1
E 1861,43
LIMIT OF BERM
ARMAMENT
LOWER
CONTROL WALL
PLACE CONSTRUCTION
TOW EL 796.0
SAFETY FENCE ALONG )too. . ..... 4
WETLAND BOUNDARY
AS DIRECTED BY lD10 V
ENGINEER 0 00
(P 'b
tl(7 END CONTROL WALL
N 413,98
E 1962.39
LIMIT OF BERM
ARMAMENT

S 86*11'05" E'*;
31.85'
NCDOT
CLASS 11
RIP RAP
MATCH
EXISTING
CHANNEL
0
25"
NCDOT
CLASS 11
RIP RAP
S 78*47'44* W
11.10'
....... ....
%NN
%IN ..........
411114", ff .... ...... .....
AWG #8 OF CABLE DIRECT
EXISTING MANHOLEnn
BURIED 30" BELOW GRADE
(120VAC TO SAMPLER NO. 1) PAD MOUNTED TRANSFORMER
INFLOW SAMPLER 120/240V SINGLE PHASE .... ..... ......
...... ...... ..... . ... ..... ..... .....
(SAMPLER NO. 1)
PROPOSED PROPERTY LINE UNDERGROUND PRIMARY
......... ......
0.069 ACRES CABLE BY DUKE ANTENNA ......... ..... ... ..... ..... ...
EXISTING M H
POWER CO.
...... ... .....
STA. 5+72.96
2 Y
N 1880.92
*410
E 2427.53 ..... ......
...... ......
.... ......
....... . .....
...........
...... .....
PLUG EXISTING
12 '09 Is, ....... ..... .....
.... ......
GENERAL NOTES
COORDINATES BASED ON ASSUMED
LOCAL PROJECT SYSYEM.
BOUNDARY SURVEY TAKEN FROM
PIEDMONT CENTRE OPEN SPACE
BY R.S.& H. LAND SURVEYORS INC.
CONSTRUCTION GRADING ACTIVITY
SHALL BE LIMITED TO OUTSIDE OF
THE WETLAND BOUNDARY.
SEE GRADING PLAN, DRAWING 2
CNN FOR ALL PROPOSED ELEVATIONS.
o SANITARY I SEWER
.29
94
........ ... .. ..
JA -OF-WAY
..... .....
%%91111 - .­ SEWER RIGHT
... ...... ......
..... ...... ......
.......... .... .......
...... ..... . .... ...
AWG­­#8 UF -CABLE ..... .... ... . ...... ...... ....
7"\ 30' TYPICAL
..........
........ ..... ...... ...... ....
3� ...... ...... .........
"111<.-1 * , .. - - - - .. ... .... ....
..... ...... ...... ..........
DIRECT BURIED 30BELOW. GRADE . ...... ...... ... ...... ...... ..... ............ ..........
ZAMPI 17P 'NO ­ A)
PROPOSED MANHOLE (190VAr POWP*R TO
HDR EngkIewing, Inc.

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 20-OCT-2022
B. NAME AND ADDRESS OF PERSON REQUESTING PJD:
Jerry Parker
NCDOT, Highway Division 7
P.O. Box 14996
Greensboro, NC 27415
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
SAW, NCDOT / U-4015A / Gallimore Dairy Road Improvements / Guilford County / Transportation /
Greensboro NC, SAW-2019-00840
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: Greensboro
Center coordinates of site (lat/long in degree decimal format):
Lat.: 36.0688650 Long.:-79.9519410
Universal Transverse Mercator: 17
Name of nearest waterbody: East Fork Deep River
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
❑ Field Determination. Date(s): 4/25/2019
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 101404
East Fork Deep
36.06656
-79.955205
679 feet
Non -wetland waters
Section 404
River
Stream SA
36.065877
-79.955699
198 feet
Non -wetland waters
Section 404
Stream SC
36.066763
-79.951309
306 feet
Non -wetland waters
Section 404
Stream SD
36.067934
-79.951275
171 feet
Non -wetland waters
Section 404
Wetland WA
I36.066015
-79.956257
10.004 acres
Wetland
Section 404
Wetland WB
136.066977
-79.952035
10.08 acres
I Wetland
I Section 404
Wetland WC
136.06612
-79.95513
10.008 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 1 of 3

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 2 of 3

i