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HomeMy WebLinkAbout20231134 Ver 1_USACE PJD_20231121PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 11/21/2023 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Dan Lacz of QTR Development Partners, 120 Village Road Green Village, NJ 07935 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Archdale Commerce Center / 1661 Kersey Valley Road / Archdale / Guilford County / commercial, SAW-2023-01050 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: 1661 Kersey Valley Rd Archdale, NC 27263 (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Guilford City: Archdale Center coordinates of site (lat/long in degree decimal format): Latitude: 35.924529' Longitude:-79.936801 ° Universal Transverse Mercator: NAD 83 Name of nearest waterbody: Richland Creek WS-IV; CA REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: 9/7/2023 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Estimated amount of Geographic authority to Type of aquatic aquatic resources in which the aquatic resource Latitude (decimal Longitude (decimal resources (i.e., Site Number review area (acreage "may be" subject (i.e., degrees) degrees) wetland vs. non - and linear feet, if wetland waters) Section 404 or Section applicable 10/404) CH 100 35.92653 -79.93235 1047 LF Non -wetland 404 CH 200 35.9259 -79.93208 224 LF Non -wetland 404 WL 1000 35.92562 -79.93264 0.004 acres Wetland 404 WL 3000 35.92453 -79.93416 0.043 Wetland 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 (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: 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: Topo, USGS Topo, Lidar, WSS, NWI, NHD, HUC 12, HUC 8, Aerial, Parcel Map (Atlas Environmental) ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑x Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ® U.S. Geological Survey Hydrologic Atlas: ® USGS NHD data. ® USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000 High Point East ® Natural Resources Conservation Service Soil Survey. Citation: GIS Database ® National wetlands inventory map(s). Cite name: GIS Database_ ❑ State/local wetland inventory map(s): ® FEMA/FIRM maps: Google Earth FEMA Tool _ ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ®Aerial (Name & Date): North Carolina GIS and 2021 Google Earth Imagery or ®Other (Name & Date): May 15, 2023_ ❑ Previous determination(s). File no. and date of response letter: [Other information (please specify): QL2 LiDAR (NC SD D website) IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. ignature and date of Regulatory staff member completing PJD 11 /21 /2023 �6m+d"� May 17, 2023 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. �I Aquatic Resources Sketch Map I _ ---. 1--------- - ---'' 1 1 1 1 Detail 1: Page 3 1 1 1 ti ti 1 3� 1 3� 1 i Detail 2: Page 4 Legend O Review Area o Streets 0 Guilford Co. Parcels Contours 2 ft. Delineation M Perennial Intermittent Wetland Rip Rap J Sketch Map provided for illustrative purposes and preliminary planning only. Not intended to be relied upon for exact location, dimension, or orientation. All findings and assessments are subject to verification from the Army Corps of Engineers, NC Division of Water Resources, and/or other appropriate local authorities. Do not reproduce map set except in its entirety. -4' �L�i 1 A Q' 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 LA1 1 0 150 300 450 600 Ft. -- - Project Name: Project Kersey Valley AS Location: 1661 Kersey Valley Rd Archdale, NC 27263 -�rmwr;&TL IRDNMENTAL For: QTR Development Partners Attn: Dan Lacz Page 1 of 4 Figure: la Coordinates: 35.924529°,-79.936801' Date: May 16, 2023 Project Name: Project Kersey Valley Location: 1661 Kersey Valley Rd Archdale, NC 27263 For: QTR Development Partners Attn: Dan Lacz e 2 of 4 Figure: lb Coordinates: 35.924529°,-79.936801' Date: May 16, 2023 Aquatic Resources Sketch Map Potential Non -Wetland CH 100, -- 1,047 LF, 0.086 Ac Potential Wetland WL 1000, - 0.004 Ac Legend 'J 1 O Review Area o Streets 0 Guilford Co. Parcels J Contours 2 ft. Delineation M Perennial Intermittent Wetland Rip Rap -- - Project Name: Project Kersey Valley Location: 1661 Kersey Valley Rd Archdale, NC 27263 -�rmwr;&TLAS IRDNMENTAL For: QTR Development Partners Attn: Dan Lacz 9 Fi ure: 1c Coordinates: 35.924529°,-79.936801' Date: May 16, 2023 Page 3 of 4 Detail 1 Potential Non -Wetland CH 2O0, - 224 LF, 0.011 Ac zz "�'. A 0 75 150 225 300 Ft. Aquatic Resources Sketch Map Potential Wetland WL 3000, — 0.043 Ac Legend O Review Area o Streets 0 Guilford Co. Parcels Contours 2 ft. Delineation M Perennial Intermittent Wetland Rip Rap I I , / /N!�! I See detail 1 1 :: z A 0 75 150 225 300 Ft. -- - Project Name: Project Kersey Valley TLJ❑UQ Location: 1661 Kersey Valley Rd Archdale, NC 27263 IRDNMENTAL For: QTR Development Partners Attn: Dan Lacz 9 Fi ure: 1d Coordinates: 35.924529°,-79.936801' Date: May 16, 2023 Page 4 of 4 Detail 2