HomeMy WebLinkAbout20140866 Ver 1_COE Signed JD Form_20141205RECEIVE- f-
ATTACHMENT OCT 2 7 2014
PRELIMINARY JURISDICTIONAL DETERMINATION FORM REq Wt ' 1z' 0. 0'C
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD): Ia NOV ILA
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Scott King, Michael Baker Engineering, 8000 Regency Parkway - Suite 600, Cary, NC
27518. Contact information: (919) 481 -5731 or Scott.IGng@mbakercorp.com
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:CESAW -RG-X, = I� _ Q I S-�
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES
AT DIFFERENT SITES)
State:North Carolina County /parish /borough: Cumberland City:
Wade
Center coordinates of site (lat/long in degree decimal format): Lat. 35.1695° N
Long. - 78.77590 W.
Universal Transverse Mercator: 3894105.3 Northing and
702550.7 Easting
Name of nearest waterbody: UT (a drainage ditch) to the Cape Fear River located
apx. 0.78 miles downstream of the site.
Identify (estimate) amount of waters in the review area:
Non - wetland waters: 2,300 linear feet: 3 to 6 width (ft) and /or acres.
Cowardin Class: Riverine plo.S 5-00
Stream Flow: Perennial 1
Wetlands: 0.0 acres.
Cowardin Class:
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal: N/A
Non - Tidal: N/A
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 10/9/14
1. The Corps of Engineers believes that there may be jurisdictional waters of the
United States on the subject site, and the permit applicant or other affected party
who requested this preliminary JD is hereby advised of his or her option to
request and obtain an approved jurisdictional determination (JD) for that site.
Nevertheless, the permit applicant or other person who requested this
preliminary JD has declined to exercise the option to obtain an approved JD in
this instance and at this time.
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
approved JD for the activity, the permit applicant is hereby made aware of the
following: (1) the permit applicant has elected to seek a permit authorization
based on a preliminary JD, which does not make an official determination of
jurisdictional waters; (2) that the applicant has the option to request an approved
JD before accepting the terms and conditions of the permit authorization, and
that basing a permit authorization on an approved JD could possibly result in less
compensatory mitigation being required or different special conditions; (3) that
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)
that 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) that undertaking
any activity in reliance upon the subject permit authorization without requesting
an approved JD constitutes the applicant's acceptance of the use of the
preliminary JD, but that either form of JD will be processed as soon as is
practicable; (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 preliminary JD constitutes agreement that all
wetlands and other water bodies on the site affected in any way by that activity
are jurisdictional waters of the United States, and precludes 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 approved JD or a preliminary JD, that JD
will be processed as soon as is practicable. Further, an approved JD, 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,
and that in any administrative appeal, jurisdictional issues can be raised (see 33
C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary
to make an official determination whether CWA jurisdiction exists over a site, or
to provide an official delineation of jurisdictional waters on the site, the Corps will
provide an approved JD to accomplish that result, as soon as is practicable.
This preliminary JD finds that there "maybe" waters of the United States on the
subject project site, and identifies ail aquatic features on the site that could be
affected by the proposed activity, based on the following information:
SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply
- checked items should 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:
® Data sheets prepared /submitted by or on behalf of the
apg0f nt/consultant.
fi ce 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: 1:24,000,
Slocomb Quadrangle
® USDA Natural Resources Conservation Service Soil Survey.
Citation:gSSURGO data for North Carolina.
® National wetlands inventory map(s). Cite name:CONUS GIS layer.
❑ State/Local wetland inventory map(s):
® FEMA/FIRM maps:FIRM Panel 3720056100J.
❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum
of 1929)
® Photographs: ® Aerial (Name & Date):2012 and 1993.
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
lateriurisdictionai determinations.
-qv-ate of
Regulatory Project Manager
(REQUIRED)
jo�f- /4-
Signature and da16 of
person requesting preliminary JD
(REQUIRED, unless obtaining
the signature is impracticable)