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Home My WebLink About20181440_final signed PJD request_20170113ATTACHMENT 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: NCDOT Division 3- Mason Herndon 5501 Barbados Blvd. Castle Hayne, NC 28429 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (W-5602) NC-172 Widening to 3 Lanes, Onslow County (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: onsioW Clty: Sneads Ferry Center coordinates of site (lat/long in degree decimal format): Lat. 34.556227 °N; L011g. -�7.406832 °W. Un�VerSa� TransVerse MerCat�r. GCS_North_American_1983_NAD_1983_StatePlane_North_Carolina_FIPS_3200_Feet Nalll@ Of fl@al'@St Wat@1'fJOC�y: Everett Creek/New River Identify (estimate) amount of waters in the review area: Non-wetland waters: 461 linear feet: width (ft) and/or acres. COWaPC�lll C�aSS: See attached NC172_JD Table Stl'eall'1 FIOW: Perennial, Intermittent, Tributary Wetlands: 2�11 acres. COWaC'dlll C�aSS: See attached NC172_JD Table Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: NiA Non-Tidal: N�A 1 E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): � Office (Desk) Determination. Date: � Field Determination. Date(s): sePtembe� 2s, 2015 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 appl�nt/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:1:2a,000 Sneads Ferry, Nc ❑✓ USDA Natural Resources Conservation Service Soil Survey. Cltat1011: 1992. Soil Survey of Onlsow County, North Carolina. ❑ 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): Nc oneMap Zo�2 or Q Other (Name & Date): ��oAR � Previous determination(s). File no. and date of response letter: � Other information (please specify): ��dar � 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 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 "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: IMPORTANT NOTE: The information recorded on this form has not necessarilv been verified bv the Corps and should not be relied upon for later jurisdictional determinations. S H AV E R. 6 RA D. DHAVEIR.BRA E.�1276601756 DN: r—U5, o=U.S. Government, ou=DoD, E.1276601756 ou=PKI,oU-�SA, c n=S H AV E R. B R A D. E.1276601756 Date: 2017.01.13 09:24:03 -OS'00' Signature and date of Regulatory Project Manager (REQUIRED) � Digitally signed by Mason Herndon DN: cn=Mason Herndon, o=NCDOT, ��_ ��.�� ou=Division 3, email=tmherndon@ncdot.gov, c=US Date: 2017.01.10 16:0023 -OS'00' Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) NC 1721D Tables - WETLAND AND STREAM DELINEATIONS - COASTAL Estimated amount of Section Site ID Latitude Longitude Cowardin Code aquatic resurce in Class of aquatic resource r v' r WA 34.563523 -77.40068 PFO-PALUSTRINE, FORESTED 0.03 acre Non-Section 10 -Wetland WB 34.5532 -77.41418 PFO-PALUSTRINE, FORESTED 0.02 acre Non-Section 10 -Wetland WC 34.561362 -77.401438 PFO-PALUSTRINE, FORESTED 0.05 acre Non-Section 10 -Wetland � WD 34.561375 -77.401413 PFO-PALUSTRINE, FORESTED 0.003 acre Non-Section 10 -Wetland � a� WE 34.558009 -77.403853 PFO-PALUSTRINE, FORESTED 0.03 acre Non-Section 10 -Wetland 0 1 � S WG 34.553298 -77.414139 PFO-PALUSTRINE, FORESTED 0.08 acre Non-Section 10 -Wetland � � WI 34.552157 -77.416777 PFO-PALUSTRINE, FORESTED 1.6 acre Non-Section 10-Wetland � O WJ 34.553737 -77.412027 PFO-PALUSTRINE, FORESTED 0.3 acre Non-Section 10 -Wetland � V z SA 34.552243 -77.41672 R2U62 67 linear feet Non-Section 10 - Non- N Wetland � Non-Section 10 - Non- SA-1 34.55182 -77.416696 R45B4 51 linear feet Wetland L,:i � � SB 34.553387 -77.413889 R2UB2 68 linear feet Non-Section 10 - Non- Wetland 58-1 34.553323 -77.413644 R45B4 24 linear feet Non-Section 10 - Non- Wetland SC 34.56145 -77.401861 R2UB2 113 linear feet Non-Section 10 - Non- Wetland Non-Section 10 - Non- Tributary SD 34.557332 -77.405636 R6 138 linear feet N/etland