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HomeMy WebLinkAbout20140705 Ver 3_401 Application_20161016fires October 13, 2016 Resource Environmental Solutions is pleased to submit a Nationwide Permit 27 Pre -Construction 10055 Red Run Blvd. Ms. Karen Higgins Suite 130 NC DWR, 401 & Buffer Permitting Branch Owings Mills, MD Johnston County, North Carolina, immediately North of Selma. The project streams proposed for 21117 512 North Salisbury St. 5020 Montrose Blvd. Raleigh, NC 27604 412 N. 4th St. project will involve the restoration and protection of streams in the Neuse River watershed. The Suite 300 Selma Mill Stream Mitigation Site has been designed in concurrence with the Selma Mill Riparian Baton Rouge, LA Higgins, Dear Ms. Hi gg 70802 Resource Environmental Solutions is pleased to submit a Nationwide Permit 27 Pre -Construction 100 Calhoun St. Notification (PCN) for the Selma Mill Stream Mitigation Project. The Selma Mill Stream Suite 320 Charleston, SC Mitigation Site is located within a watershed dominated by agricultural and residential land use in 29401 Johnston County, North Carolina, immediately North of Selma. The project streams proposed for 15219 restoration have been significantly impacted b channelization and agricultural practices. The � S' p Y � p 5020 Montrose Blvd. suite 650 project will involve the restoration and protection of streams in the Neuse River watershed. The Houston, TX Selma Mill Stream Mitigation Site has been designed in concurrence with the Selma Mill Riparian 77006 Buffer and Nutrient Offset Mitigation Bank. 1521 W. Main or bbreslow res.us if you have an questions or require an additional information. Y Y q q Y 1200 Camellia Blvd. Suite 220 The objective for this mitigation site is to restore and design natural waterways through Lafayette, LA stream/wetland complexes with appropriate cross-sectional dimension and slope that will provide 70508 function and meet the appropriate success criteria for the existing streams. Accomplishing this 1371/2 East Main St. objective entails the restoration of natural stream characteristics, such as stable cross sections, Suite 210 planform, and in -stream habitat. The floodplain areas will be hydrologically reconnected to the Oak Hill, WV channels where feasible to provide natural exchange and storage during flooding events. 25901 Sincerely yours, Resource Environmental Solutions, LLC Brad Breslow Ecologist 33 Terminal Way The attached PCN package includes PCN Form, supporting figures, a jurisdictional determination Suite 431 letter from the USACE, and design plans. Total stream impacts resulting from the proposed project Pittsburgh, PA are 5,835 LF and total wetland impacts are 1.12 acres. Buffer impacts resulting from project are 15219 219,03 8 square feet of buffer impact in Zone 1 and 92,161 square feet of buffer impact in Zone 2. 302 Jefferson St. Suite 110 For your reference, a copy of the approved Final Mitigation Plan has been provided with this PCN Raleigh, NC 27605 submittal. This PCN application has already been submitted to the US Army Corps of Engineers. Thank you for your prompt attention to this important project. Please contact me at 919-209-1062 1521 W. Main or bbreslow res.us if you have an questions or require an additional information. Y Y q q Y Rod Floor Richmond, VA 23220 Sincerely yours, Resource Environmental Solutions, LLC Brad Breslow Ecologist Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑X Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes X❑ No For the record only for Corps Permit: ❑ Yes ❑X No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. N Yes ❑ No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes NX No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Selma Mill Stream Mitigation Bank 2b. County: Johnston 2c. Nearest municipality / town: 2d. Subdivision name: Selma 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: See attached supplemental Information 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: Daniel Ingram 4c. Business name (if applicable): Resource Environmental Solutions 4d. Street address: 302 Jefferson Street, Suite 110 4e. City, state, zip: Raleigh, NC 27605 4f. Telephone no.: 919-622-3845 4g. Fax no.: 4h. Email address: dingram@res.us 5. Agent/Consultant Information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): See supplemental Information 1 b. Site coordinates (in decimal degrees): Latitude: 35.545544 Longitude: -78.283277 1 c. Property size: 34.23 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Mill Creek 2b. Water Quality Classification of nearest receiving water: WS IV -NSW 2c. River basin: Neuse 01- HUC 03020201100050 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: See attached supplemental information. 3b. List the total estimated acreage of all existing wetlands on the property: 4 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 5,832 3d. See Explain the purpose of the proposed project: attached supplemental information. 3e. See Describe the overall project in detail, including the type of equipment to be used: attached supplemental information. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases in the past? 0 Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? 0 Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Brad Breslow Agency/Consultant Company: RES Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. John T Thomas from the USACE visited the site on May 18th, 2016. JD approval letter dated May 25,2016 is attached with PCN package. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes 0 No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes 0 No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X Wetlands ❑X Streams — tributaries ❑X Buffers ❑X Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of impact Type of wetland Forested Type of jurisdiction Area of number Corps (404,10) or impact Permanent (P) or DWQ (401, other) (acres) Temporary T W1 T Excavation Bottomland Hardwood Forest Yes Corps 0.22 W2 T Excavation Bottomland Hardwood Forest Yes Corps 0.07 W3 T Excavation Bottomland Hardwood Forest No Corps 0.09 W4 T Excavation Bottomland Hardwood Forest No Corps 0.74 W5 - Choose one Choose one Yes/No W6 - Choose one Choose one Yes/No 2g. Total Wetland Impacts: 1.12 2h. Comments: Wetland impacts associated with restoration efforts occurring adjacent to the existing wetlands will be minimized by the restoration plan. Creating a new stream channel and enhancing existing channels will only impact wetlands slightly and will provide an overall increase in wetland function with the addition of native trees and shrubs along the stream banks. Construction in these areas will remove the invasive species. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact number intermittent (INT)? jurisdiction stream length Permanent (P) or width (linear Temporary (T) (feet) feet) S1 S2 S3 S4 S5 S6 3h. Total stream and tributary impacts 5,835 3i. Comments: See supplemental information. Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? X❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 219,038.74 92,161.48 61. Comments: See supplemental information. Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. See attached supplemental information. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. See attached supplemental information. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes ❑X No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ❑X No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑X_ Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. No changes in impervious acreage proposed. ❑ Yes ❑X No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0 2b. Does this project require a Stormwater Management Plan? ❑ Yes ❑X No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? ❑ Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): ❑Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ❑X No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, E] Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑Yes ❑X No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes ❑X No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. This is a stream restoration project that will be protected through a conservation easement and will not facilitate or deter surrounding development. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ❑X No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑X Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS Endangered Species Database; NC Natural Heritage Program GIS Database 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA Fisheries Essential Fish Habitat Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑x Yes ❑ No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? N.C. State Historic Preservation Office (SHPO) HPOWEB GIS Service database- The proposed project is located just outside the West Selma Historic District (JT1514).The proposed project will not have any adverse effects to historical structures or viewsheds. 8 Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑X Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: The downstream end of Reach A is within the FEMA 100 -year flood plain of Mill Creek; however, no portions of the project are located within a FEMA floodway or non -encroachment area. It is not anticipated that a No -rise or CLOMR will be required for the project. Appropriate measures were taken to eliminate hydrologic trespass of the adjacent agricultural fields and animal operations. The adjacent land use will not be affected by the proposed design, and the property property owners have been notified of any potential impacts from hydrologic trespass within existing ditches. 8c. What source(s) did you use to make the floodplain determination? FEMA Floodplain GIS Data. Brad Breslow 10-05-16 Applicant/Agent's Printed Name ApplicanbR gent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 PCN Narrative Selma Mill Stream Mitigation Project Nationwide Permit 27 Pre -Construction Notification Name and address of the Applicant: Resource Environmental Solutions c/o Daniel Ingram 302 Jefferson Street. Suite 110 Raleigh, NC 27605 PCN Narrative- Selma Stream Mitigation Project A. Applicant Information 3. Owner Information Landowner Pin County Deed Book and Page Number Parcel Acreage Protected Acreage HOWARD, PAUL H 261514-44-4014 Johnston 00656-0466 95.86 26.22 HOWARD, PAUL H 261514-33-0517 Johnston 00444-0216 2.45 2.45 HOWARD, PAUL H 261514-33-2842 Johnston -- 1.35 0.48 HOWARD, PAUL H 261514-33-2955 Johnston 00595-0433 0.37 0.15 HOWARD, PAUL H 261514-34-2063 Johnston 00595-0434 0.84 0.43 HOWARD, PAUL H 261514- 34-2163 Johnston -- 0.79 0.023 HOWARD, PAUL H 261514-34-2360 Johnston 00488-0026 1.9 0.720 HOWARD, PAUL H 261514-33-1137 Johnston 00634--0465 .22 .140 EBX- NEUSE I LLC 261514-44-4614 Johnston 04534-0780 13.74 3.45 B. Proiect Information and Prior Proiect History la. Property Identification no. (tax Pin or Parcel ID): See table owner information above. 3a. Describe the existiniz conditions on the site and the zeneral land use in the vicinity of the proiect at the time of this application: The Selma Mill Stream Mitigation Project is located within an agricultural watershed in Johnston County, North Carolina, immediately North of Selma. The project is located within the Neuse River Basin (8 -digit USGS HUC 03020201, 14 -digit USGS HUC 03020201100050 (USGS, 2012) and the NCDWQ Cape Fear 03-04-02 sub - basin (NCDWQ, 2002). The 2010 Neuse River Basin Plan identified HUC 03020201100050 as a Targeted Local Watershed. The watershed is characterized by 37 percent agricultural land use area, including thirteen animal operations. Approximately 52 percent of the area is developed with roughly 35 percent impervious total. The site consists of agricultural fields, cattle pastures and wooded areas. The total easement area is 34.2 acres. The wooded areas along the easement corridor designated for restoration activities are classified as mixed pines and hardwoods. Invasive species are present throughout the wooded areas. Channels proposed for restoration are degraded to a point where they no longer access their floodplain, lack riparian buffers, allow livestock access, and aquatic life is not supported. Little aquatic habitat is available to support aquatic life. The project area is comprised of a contiguous easement area along three tributaries that flow into Mill Creek. The easement is separated by a crossing at NC Hwy 96, one agricultural crossing, and two co -located utility crossings. The western portion of the project originates at the intersection of Hwy 96 and West Chestnut Street and includes Reach Al, Reach A2, and Reach B3. The eastern portion of the project originates in the agricultural field to the east of Hwy 96 and includes Reach B1, Reach B2, and Reach C. Wetland delineations 5 PCN Narrative- Selma Stream Mitigation Project identified four riparian wetlands in the project area. John Thomas, USACE, performed a JD site visit on May 18, 2016. The Selma project consists of stream restoration and enhancement on tributaries that drain directly to Mill Creek. The project presents 7,115 linear feet of Stream Restoration. 3d. Explain the Purpose of the proposed proiect. The objective for this restoration project is to restore and design natural waterways through stream/wetland complexes with appropriate cross-sectional dimension and slope that will provide function and meet the appropriate success criteria for the existing streams. Accomplishing this objective entails the restoration of natural stream characteristics, such as stable cross sections, planform, and in -stream habitat. The floodplain areas will be hydrologically reconnected to the channel to provide natural exchange and storage during flooding events. The design will be based on reference conditions, USACE guidance (USACE, 2005), and criteria that are developed during this project to achieve success. Additional project objectives, such as restoring the riparian buffer with native vegetation, ensuring hydraulic stability, and eradicating invasive species. 3e. Describe the overall proiect in detail, including the type of equipment to be used. The design approach for the Selma Mill Site is to combine the analog method of natural channel design with analytical methods to evaluate stream flows and hydraulic performance of the channel and floodplain. The analog method involves the use of a "template" stream adjacent to, nearby, or previously in the same location as the design reach. The template parameters of the analog reach are replicated to create the features of the design reach. The analog approach is useful when watershed and boundary conditions are similar between the design and analog reaches. Hydraulic geometry was developed using analytical methods in an effort to identify the design discharge. The Selma Mill Site will include Priority Level 1 and 2 restoration and headwater valley restoration. Priority 1 and 2 restoration reaches will incorporate the design of a single -thread meandering channel, with parameters based on data taken from the reference site, published empirical relationships, NC Coastal Plain Regional Curves, and hydrologic and hydraulic analyses. Headwater valley restoration will follow current regulatory guidance and published research. A combination of Priority 1 and 2 restoration is proposed for Reach A to address existing impairments, particularly the channelized and oversized channel and lack of bedform diversity. The design approach will include constructing a meandering channel within the natural valley, excavating a floodplain bench at the elevation of the proposed channel, and backfilling the existing stream. The watershed that drains to the upper end of the project is approximately 260 acres, and land use is primarily residential. Runoff from the watershed is conveyed through a closed system that outfalls through multiple RCP pipes just downstream of the intersection of W Chestnut St and Hwy 96. The primary 72 -inch stormwater pipe has the lowest invert elevation of the existing pipes, and therefore controls the upstream elevation of the project. Since the pipe invert elevation is at a minimum of 6 feet below existing ground surface, Priority 1 restoration is not possible. If the proposed channel bed were to be raised, the increase in water surface elevations would result in hydrologic trespass on properties upstream. The design approach will include constructing a meandering channel within the natural valley, excavating a floodplain bench at the elevation of the proposed channel, and backfilling the existing stream. Priority 1 Restoration is proposed for the reach downstream of the easement break. The existing ditch will be backfilled, and the channel will be relocated such that it meanders within the existing valley to the east. A combination of Priority 1 and 2 restoration is proposed for Reach B to address existing impairments, particularly the channelized and oversized channel and lack of bedform diversity. Priority 1 restoration is not possible along the upper end of this reach due to elevation constraints at the culverts under Pollock Street PCN Narrative- Selma Stream Mitigation Project (HWY 301). If the proposed channel bed were to be raised, the increase in water surface elevations would result in hydrologic trespass on properties upstream of Pollock St. The design approach will include meandering the proposed channel within the natural valley, excavating a floodplain bench, and backfilling the existing stream. Headwater valley restoration is proposed for Reach C. The construction of a depressional area just upstream of Reach C is proposed to provide a hydrologic connection between the reach and an existing wetland located north and east of the farm pond. Currently, the flowpath from the wetland is blocked by both a farm path associated with the pond and a small berm located along the existing tree line. Restoration will involve redirecting channel flow to the natural valley, plugging and backfilling the existing ditch such that cut and fill is balanced, and planting the buffer with native vegetation. C. Proposed Impacts Summary 3a. Stream Impact 3d. Permanent Perennial 3f. 3g. (P) or 3b. 3c. (PER) or 3e. Average Impact Temporary Type of Stream Intermittent Type of Stream length (T) Impact name INT)? Jurisdiction Width (feet) (linear feet) S1- P Relocation Reach A PER Corps 20 2,144 S2- P Culvert Reach A PER Corps 20 30 S3- P Relocation Reach A PER Corps 20 571 S4- P Relocation Reach B PER Corps 15 1,803 S5- P Relocation Reach B PER Corps 15 405 HWV S6- P Restoration Reach C INT Corps 10 852 S7- T Culvert Reach A PER Corps 20 30 3h. Total Stream and tributary impacts 5,835 PCN Narrative- Selma Stream Mitigation Project 6b. Buffer Impact Number - Permanent (P) 6e. Buffer 6f. Zone 1 6g. Zone 2 or 6c. Reason for 6d. Stream mitigation Impact Impact (square Temporary(T) impact Name required? (square feet) feet) Stream BI- P Restoration Reach A No 27,091.63 16,638.12 Stream 132- P Restoration Reach A No 42,620.28 21,377.95 Stream 133- P Restoration Reach A No 11,479.25 6,744.46 Stream 134- P Restoration Reach A No 3,759.89 1,792.91 Stream 135- P Restoration Reach A No 13,854.71 6,318.91 Stream B6 -P Restoration Reach B No 6,296.02 Stream 137-P Restoration Reach B No 51,908.12 28,603.51 Stream B8 -P Restoration Reach B No 6,808.38 Stream B9 -P Restoration Reach B No 11,578.31 3,258.70 HWV B10 -P Restoration Reach C No 17,105.33 HWV BI I -P Restoration Reach C No 12,536.39 B 12-P Fill Pond No 14,000.44 7,426.92 TOTAL: 219,038.74 92,161.48 D. Impact Justification and Mitigation la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing proiect. Due to the nature of this project, complete avoidance is not possible. Both stream and wetland impacts were considered when designing the Selma Mill project. This project should uplift the ecological quality of streams and wetlands on site. The existing channel length is 5,775 LF with two stream crossings. The proposed project will result in 6,771 LF of stream with three stream crossings. PCN Narrative- Selma Stream Mitigation Project Reach (mitigation type) Existing Length (LF) Proposed Length (LF) A (PI/P2 Restoration) 2,144 2,639 A (P1 Restoration) 571 685 B (P2 Restoration) 741 845 B (PI/P2 Restoration) 1,062 1,223 B (P2 Restoration) 405 504 C (HVW Restoration) 852 875 TOTAL 5,775 6,771 Ib. Specifically describe measures taken to avoid or minimize the proposed impacts throu,-h construction techniques: Impacts are minimized using a staged construction approach. Where possible the channel will be constructed prior to turning stream flow into a segment. This approach allows minimization of the impact of each stage during the project construction. Additionally all work in wetlands and streams will be conducted during dry conditions and/or with mats to protect soil structure. Efforts will be made to preserve individual high value trees located within the stream restoration area. Figure 1. Resource 0 O.Projebf Vicinity Mao Environmental Selma Mill Mitigation Site Solutions Miles JOHNSTON COUNTY 1 in = 1.5 miles Scale: NTS Legend • 0 Streams op 0 39 =103020201100050 Interstate Highway NC Highway Local Road Selma Mill Site 301 % 'R 1. r7 jIIID R 210 Figure 1. Resource 0 O.Projebf Vicinity Mao Environmental Selma Mill Mitigation Site Solutions Miles JOHNSTON COUNTY 1 in = 1.5 miles Scale: NTS Legend • Proposed Easement Streams op =103020201100050 Interstate Highway NC Highway Local Road Figure 1. Resource 0 O.Projebf Vicinity Mao Environmental Selma Mill Mitigation Site Solutions Miles JOHNSTON COUNTY 1 in = 1.5 miles Scale: NTS .. Ch rDrainage Area- 583 acres f r�• s { ;t 1. r °<. e + • JJ I • f� r CL Myrtle `-��'=TLQ'���f U�I�+p�,Q + • r y� o-� ..IVFr ,, -(Cernebefyl �+ ;'i fall" pildk Source�.'Selma'Quadrangle f; -g % % Copyright:© 2013 National Geographic Society, i -cubed Resource Environmental Solutions Figure 2. USGS Topographic Map Selma Mill Mitigation Site 0 1,000 2,000 4,000 Feet 1 inch = 2,000 feet Proposed Easement Ile Drainage area Streams s •t' t + n; N .. Ch rDrainage Area- 583 acres f r�• s { ;t 1. r °<. e + • JJ I • f� r CL Myrtle `-��'=TLQ'���f U�I�+p�,Q + • r y� o-� ..IVFr ,, -(Cernebefyl �+ ;'i fall" pildk Source�.'Selma'Quadrangle f; -g % % Copyright:© 2013 National Geographic Society, i -cubed Resource Environmental Solutions Figure 2. USGS Topographic Map Selma Mill Mitigation Site 0 1,000 2,000 4,000 Feet 1 inch = 2,000 feet Proposed Easement Ile Drainage area Streams ALlR•' .� it >v p + ki Y VN • t CO. �p a tt J N s � ;LU Z R U F LU N U).. ; ' [ A t; u_ y !y qVF `' pF . W CHESTNUT ST A,. 41 W V '✓L' `jam �- „ P �O<O Q� DIXIE9DF�1R �' �' 1�C _: �►a, f % r Soil Symbol Name Soil Symbol Name u GoA Goldsboro sandy loam, 0 - 2% slopes Ra Rains sandy loam pF Ly Lynchburg sandy loam RbA Rains -Urban land complex, 0 - 2% slopes <y NoA Norfolk loamy sand, 0 - 2% slopes Ud Udor[hents, loamy .9 NoB Norfolk loamy sand, 2 - 6% slopes WaB Wagram loamy sand, 0 - 6% slopes frequently flooded Source: NRCS�Soil Data, Johnston County NuA Norfolk -Urban land complex, 0-3%slopes Wt Wehadkee loam, Figure 3. Resource Soils Map Roads Environmental Selma Mill Mitigation Site streams Solutions Proposed Easement 0 250 500 1,000 Feet Johnston County Soils 1 inch = 500 feet N Z � 3 � t _ S Nor f F :/ %r /"/ . +� //Wetland 4 "i /. :r. 1, If as r ■■■ ■■■ ■■■ ■■'I ■ Reach B3 �e t/a Reach e? ���- � ►�� Reach A2 � ana3 , rr ,.. o i r■■■■■■■■■i■■■■ +s". Wet/ah R@ ■■■::::■■■ 1 6 I a? aC e� w �, t iii �rOFe A�O�i - at iii S=r t. r F40 if M .� to MEN AM:.j Al Oy f �. f t R/qNO W CHESTNUT ST r", � � R dL Riparian Buffer Conditions •411[, v O F Target Community Present Marginal Absent �Q Absent • ���' /y �Rj ti c ��Y ami No Fill ; Present u •N I I I I I �LOq, s�x+",r - r�-' yST�� F j_r 1 •$ Sj. •�/l�jF , . �` q�17 c Common ---- Resource Figure 4. Proposed Easement Existing Conditions Environmental Wetlands Solutions Selma Mill Mitigation Site Existing Streams 0 250 500 1,000 Feet Roads 1 inch = 500 feet fires Figure 5. Conceptual Design Plan Selma Mill Mitigation Site 175 350 700 Feet 1 inch = 350 feet Proposed Easement Priority 1 Restoration Priority 2 Restoration Headwater Valley Restoration Crossing Existing Wetlands fires Figure 6. Jurisdictional Water Impacts Map Selma Mill Mitigation Site 175 350 700 Feet 1 inch = 350 feet U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2015-00710 County: Johnston U.S.G.S. Quad: NC-SELMA NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Resource Environmental Solutions Brad Breslow Address: 302 Jefferson Street, Suite 110 Ralei¢h, NC, 27605 Telephone Number: 919 829-9909 Size (acres) 34.2 Nearest Town Selma Nearest Waterway Bawdy Creek River Basin Uoaer Neuse USGS IfUC 03020201 Coordinates Latitude: 35.5455443010203 Longitude: -78.2836714338408 Location description: Proposed Selma Mill / Four Oak mitigation easement located off of NC 96 adjacent to tributaries of Bawdy Creek, north of Selma, in Johnston County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination X Based on preliminary information, there may be waters of the U.S. including wetlands on the above described project area . We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part331). If you wish, you may request an approved JD (which maybe appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. Please see remarks section in reslard to this Jurisdictional Determination B. Approved Determination There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are waters of the U.S. including wetlands on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the waters of the U.S. including wetlands on your project area delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to C WA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. Page 1 of 2 _ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on _. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Andrea Huehes at 919-846-2564 or Andrea.W.Huehesna usace armv mil. C. Basis For Determination: Site includes tributaries ofBawdy Creek Atlantic ocean. which Jlows to the Neuse River and at to the D. Remarks: The Corps concurs with the preliminary jurisdictional determinations depicted on provided maps Included in aeents/applicants review reauest and site Inspection conducted on May 18 2016 E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delmeation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room IOM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and th it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA , it must be received at the above address by 7/25/2016. **It is not necessary to submit an A orm to the D' inion Office if on do not object to the determination in this correspondence.** Corps Regulatory Official: Date: May 25, 2016 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://regulatoll.iisacesuuey.com/. NOTIFICATION OF ADMUMM ISTRATIVE APPEAL OPTIONS AND P120G QUEST FOR APPEAL Applicant: Brad Breslow File Number: SAW -2015-00710 Date: May 25, 2016 Resource Environmental Solutions Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of ermission) A PROFFERED PERMIT (Standard Permit or Letter ofpermission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D ® PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION 1- The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at bttu://www.usace armv mil/Missions/CivilWorks/RegulatoryProg amandPermits aspx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPRO' information. You may accept or appeal the approved JD or provide new • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. or,t,-I1UN 1t -REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) r "Ul i i"NAI, INrURMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. rvuN 1 ter CONTACT FOR QUESTIONS OR INFOR If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division, Attn: Andrea Hughes If you only have questions regarding the appeal process you may also contact: Mr. Jason Steele, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room l OM 15 Atlanta, Georgia 30303-8801 14AA RIGHT OF ENTRY: Your signature below grants the right of entry t Corps Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation and will have the opportunity to participate in all site invectinatinn. Date: or For appeals on Initial Proffered Permits send this form to: Telephone number: District Engineer, Wilmington Regulatory Division, Andrea Hughes, For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 ATTACHMENT A PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Brad Breslow, Resource Environmental Solutions, 302 Jefferson Street, Suite 110, Raleigh, NC 27605 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: Johnston City: Selma Center coordinates of site (lat/long in degree decimal format): Lat. 35.547353 °N; Long. 78.282503 Universal Transverse Mercator: NAD83 Name of nearest waterbody: Mill creek Identify (estimate) amount of waters in the review area: Non -wetland waters: 5,832 linear feet: 15 width (ft) and/or acres. Cowardin Class: Riverine .Stream Flow: Perennial and Intermittent Wetlands: 6.6 acres. Cowardin Class: PalusMne Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: Non -Tidal: E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): 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 appnt/consultant. Office 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: ❑ USDA Natural Resources Conservation Service Soil Survey. Cifnflnn- ❑ National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM mans: Ell 00 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ❑ Photographs: ❑ Aerial (Name & Date): ElOther (Name & Date): or ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): 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 pen -nit 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 all aquatic features on the site that could be affected by the proposed activity, based on the following information: and date of" 1 V Project Manager Brad BreslowD111W1•gl^d°6011^are=I� DabM160115065557-0400- Signature 160115065657-0400' Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) Site number I Latitude C Longitude Cowardin csnmated amount of Class aquatic resource in Class of aquatic review area resource Rrvenne 2685 LF I u,._..e,..:__ acres acres acres J.63 acres Non -section 1.4 acres Non -section