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Home My WebLink About20160825_01a_R-5745_Prelim_JD_form_20160204ATTACHMENT PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: North Carolina Department of Transportation, Highway Division 11 Heath Slaughter, Division DEO 801 Statesville Road, North Wilkesboro NC, 28659 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: R-5745, US 64/NC 90/NC 18 (Wilkesboro Boulevard) and US 64/NC 90 (Taylorsville Road) Intersection Improvements (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: North Carolina County/parish/borough: Caldwell Center coordinates of site (lat/long in degree decimal format): Lat. 35.924138°, Long. -81.503997° Name of nearest waterbody: Lower Creek Identify (estimate) amount of waters in the review area: Non-wetland waters: 310 linear feet: 6-35 width (ft) Cowardin Class: R2UB2 Stream Flow: Perennial Wetlands: none. Cowardin Class: Not Applicable Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: 0 Non-Tidal: 0 E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): 1 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 CWAjurisdiction 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 "may be"waters of the United States on the subject project site, and identifies all 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 applicant/consultant. � � � � � i� � t � �� . � �� p��r��d �� rp�: � � ��rp� r�� r�' ��y: a � �.�. ��g�� r�� d��i� ��: . � �J�� d��. � �� 12 ��gi� �� . � �,�. �eo�ogic�� ar�ey �ap{�}. �i�e ��le � q��d r��; ��ir, �� 20� 3� � l " - , ,f ;- - � - . � _ - s _ � ,s ` _ s • ', � � ,. + � i � ,. ! ` "� # " ; !.; !! . i � " # , . # _ � ��s, � �I�ti�r��l ��I��d� ir�v�ntar� �ap{s}. �i�e r��; �r�line mapping �oo� �t � ��1L��1 ��r�d ir��r��r� r��p{��: . � �E��/F�� ps: . � 10�-y��r Fl�odplair� �I��r��iar� i�: {�i�ti��l �eod��i� �l�rfii�al �a�� f '1929} . � ��1��raphs: � Aerial {N�r�e 8� �at�):�� C)f�E�A� 2�12, 20�3 �3r�h�i��gery. �r �] Other ��m� � �at�}: , � � - � i � � . # �' i . . � ! . � S ` " i i ' � " , _ � � _ � ' � � � � _ � _ � ��'�N1' �1C}�'E: �'he �nfarmat�on recorded or� this form has not necessarily been verified bv the Corps and s�ould not be relied upon fc�r later �urisdictianal determinations. Signature and da#e af Regulatary Project �anager (REQUIRED} � � Signature and da of person req�esti prelimir�ary Ja (RECC�l11RED, unless obtaining �he signature is imprac�icable} Estimated amount �Iass of Cowardin of aquatic resource aquatic Site num�er Latitude Lon itude Class in r�view area resourc� 1. Lower �reek 35.924t}3� -81.50415� B2 21 � feet length, non-seet�an 14 �� 3 5 feet w�dth — non-wetland 2�tr m A . 242 9� feet l�ngth, non-se�tion 10 . S ea S 3 5 9 18 -81. S Q3 718 R2 LTB2 � feet avg widt� — n�n-wet�and � J