HomeMy WebLinkAbout20230499 Ver 1_Fortune_PJDForm_20230331O.PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 3/31/2023
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Wildlands Engineering, Inc., Julie Bernstorf, 167-B
Haywood Road, Asheville, NC 28806
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Asheville Regulatory Field Office, Not filed to date
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: 34 Chestnut Hill Rd, Black Mountain, NC
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: North Carolina County: Buncombe City: Black Mountain
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.5685594 Longitude:-82.2993744
Universal Transverse Mercator: UTM 17
Name of nearest waterbody: Broad River
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 2/24/23
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAYBE" SUBJECT TO REGULATORY
JURISDICTION.
Estimated amount of
Type of aquatic
Geographic authority
Latitude
Longitude
aquatic resources in
resources ( wetland
to which the aquatic
Site Number
(decimal
(decimal
review area (acreage
vs. non -wetland
resource "may be"
degrees)
degrees)
and linear feet, if
waters)
subject (i.e., Section
applicable
404 or Section 10/404)
1. Broad River
35.568266
-82.299506
250-300 LF
Non -wetland waters
Section 404
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 (AID) 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 (NWT) 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:
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: USGS Topo�ranhic
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑ 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.
® U. S. Geological Survey map(s). Cite scale & quad name: 1:24,000 Scale Black Mountain. NC quadrangle
® Natural Resources Conservation Service Soil Survey. Citation: NRCS Web Soils Survey Website
❑ 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)
® Photographs: ®Aerial (Name & Date): current conditions aerial is used on planset background
or ®Other (Name & Date): Representative site photos with submittal.
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
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.
Julie Bernstorf
Signature and date of Regulatory 3/31/23
staff member completing PJD Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
DATE impracticable)
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.