20160576 Ver 1_Jurisdictional Determination_20160608

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Cumberland Coanty
PRELIMINARY JUR(SDICTIONAL DETERMINATION FORM
BACKGROUNDINPORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDlCTIONAL
DETERM►NATION (JD): �`��� �' '�-1�;; � �,
B. N,�4ME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
James J. Rerko, PWS NGDOT Box 1105 Fayetteville, NC 28302
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: �€ �t-(.i ��� v-7 �
U7-5`�0� u� � �,�- �cG�, - t�(�-�{ S
D. PROJECT LOCATION(S) AND BAGKGROUND INFORMATION;0.85
mile south of the interchange of 1-95 and SR 2241 along SR 2241,
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES
AT DIFFERENT SITES)
State:NC CountylparishlboroughCumberland City: Hope Milis
Genter coordinates of site (lat/long in degree decimal format): Lat. 34.9293°
Pick List, Long. -78.9111 ° Pick List.
Universal Transverse Mercator:
Name of nearest waterbody: Grays Creek
Identify (estimate) amount of waters in the review area:
Nqn-wetland waters: :115 ft.width (ft) and/or
Cowardin Class: Riverine
Stream Flow: Perennial
Wetiands: 0.90 acres.
Cowardin Class: forested
Name df any water bodies on the site that have been identified as Section 10
waters:
Tidal:
Non-Tidal:
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK A!L THAT
APPLY):�-
��Office (Desk) Determination. Date: `� I�'�-,�: ; l l.0
❑ Field Determination. Date(s): `1
1. The Corps of Engineers believes that fhere may be jurisdictional waters of the
United States on fhe subject site, and the permit applicant or other affected party
who requesfed 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 #o exercise the option to obtain an approved JD in
this instance and at this time.
2. In anyaircums#ance where a permit applicanf obtains an individual permit, or
a Nationwide General Permit (NWP) or o#her general permit verification requiring
"pre-construction notificafion" {PCN), or requests verificafion 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
#hat basing a permit aufhorization on an approved JD could possibly result in less i
compensafory mitigation being required or different special conditions; (3} that
the appiicant has the right to request an indiyidual permit rather than accepting
the terms and conditions of the NWP or other general permit authorizaiion; (4)
thaf 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 constltutes 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 perinit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a preliminary JD constitutes agreemenk that ail
wetlands and other wa#er bodies on the site affected in any way by that activity
are jurisdic#ional waters of #he United States, and precludes any chailenge to
such jurisdiction in any administrative orjudicial 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, tha# JD
wili be processed as soon as is practicable. Further, an approved JD, a proffered
individual permit (and all terms and conditions contained thereinj, or individual
permit denial can be adminis#ratively appealed pursuant to 33 C.F.R. Part 339,
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 determinafion whether CWAjurisdiction exists over a site; or
to provide an official delineation ofijurisdictional waters on the site, the Corps will
provide an approved JD to accomplish that result, as soon as is practicable.
This preliminary JD finds thaf there "may be"waters of the United States on the
subject project site, and iclentifies all aqaatic features tln the site fhat could be
affecfed by the propo.sed 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, appropriateiy refecence sources beiow):

� Maps, plans, plots or plat submitted by or on behalf of the
a ppl icant/consultant: .
� Data sheets prepared/submitted by or on behalf of the
appl icant/consultant.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ Data sheets prepared kiy the Corps: .
❑ Corps navigable waters' study: .
� U.S. Geological Survey Hydrologic Atlas: .
❑ USGS NHD data.
❑ USGS 8 and 12 digit MUC maps.
� U.S. Geological Survey map(s). Cite seale & quad name: Tabor City, NC.
❑ USDA Natural Resources Conservation Service Soil Survey, Citation:
❑ 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): .
or � Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify): .
�
Sig7��re'and date of � ;
Regulatory Project Manager
(REQUIRED)
�?
erson (�questing preliminary JD
REQU(RED, unless obtaining
the signature is impracticable)

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