20170239 Ver 1_2002-20667 PJD Tearsheet_20170427

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2017-00802 County: Caswell U.S.G.S. Quad: VA-DANVILLE
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Applicant: N.C. Department of Transuortation
Attn.: Philip Harris III
Address: 1598 Mail Service Center
Raleigh, NC 27699
Size (acres) �300 Nearest Town Mebane
Nearest Waterway MoAdams Creek/Mill Creek/UTs River Basin Cape Fear
USGS HCTC 03030002 Coordinates 36.100041° N, -79.287025° W
Location description: The proiect area is located along NC Highwav 119 (NC 119) from the Interstate 40/85 (I-40/I-
85) interchange southwest of downtown Mebane to the existing SR 1962 (3rd Street) Extension. The proiect area is then
proposed on new location, relocating NC 119 to the west and north of downtown Mebane before tving into existing NC
119 iust south of SR 1918 (Mrs. White Lane). The uroiect terminates iust north of Mrs. White Lane. The Proiect Area
for this proiect is limited to the area within NCDOT's Ri�ht of Wav (R/W) and/or within the Impact, Fill, Excavation,
or Clearing areas as shown on Permit Drawing Sheets 1-43 of the "Wetland and Surface Water Impacts Permit" and
Permit Drawing Sheets 1-18 of the U-3109B "Preliminary Wetland and Surface Water Impacts Permit" submitted bv
NCDOT in their "Phased Permit Apqlication for Section 404 Individual Permit and Section 401 Water Qualitv
Certitication" dated Februarv 27, 2017.
Indicate Which of the Following Applv:
A. Preliminary Determination
X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of
the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC §
403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to
be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the
permit evaluation process, including determining compensatory mitigation. For purposes of computation of
impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made
on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the
permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not
an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331).
However, you may request an approved JD, which is an appealable action, by contacting the Corps district for
further instruction.
_ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act
(CWA)(33 USC § 1344) andlor Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit
evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective
presumption of CWA/RHA jurisdiction over all of the waters at the project area, which is not sufficiently accurate and
reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property
delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to
obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC
§ 1344). Unless there is a change in 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.
Page 1 of 2

_ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to
accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
_ The waters of the U.S., including wetlands, on the above described project area have been delineated and the
delineation has been verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify
the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA
and/or RHA 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.
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 [phone] to
determine their requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit
may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material,
construction or placement of structures, or work within navigable waters of the United States without a Deparhnent of the
Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If
you have any questions regarding this determination and/or the Corps regulatory program, please contact David Bailev at
(9191 554-4884 X 30 or David.E.Bailev2(a�usace.armv.mil.
C. Basis For Determination:
The proiect area exhibits water bodies with indicators of ordinarv hi�h water marks and wetland criteria as defined in
the applicable re�ional supplement to the 1987 wetland delineation manual. The water bodies on the site are listed in
the attached table. This determination is based on field verifications bv the USACE on Januarv 26, 2010, December 5,
2012, and October 4, 2016.
D. Remarks:
The water bodies in the Proiect Area were flagged bv Baker Engineering and the NC Department of Transportation,
with changes made in the field bv the USACE, and are shown on Permit Drawin� Sheets 1-43 of the "Wetland and
Surface Water Impacts Permit" and Permit Drawing Sheets 1-18 of the U-3109B "Preliminarv Wetland and Surface
Water Imuacts Permit" submitted bv NCDOT in their "Phased Permit Application for Section 404 Individual Permit
and Section 401 Water puality Certification" dated Februarv 27, 2017.
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 delineation/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 1OM15
Atlanta, Georgia 30303-8801

In arder far 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 that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by N/A.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.** f���� DigitallysignedbyBAILEY.DAVID.E.1379283736
� DN: c=US, o=U.S. Government, ou=DoD, ou=PKl,
ou=USA, cn=BAILEY.DAVID.E.1379283736
Corps Regulatory Official: �ate:zon.oa.z� ie:z9:io-oa�oo�
Date: April 27, 2017
The Wilmington District is committed to providing the highest level of support to the publia To help us ensure we continue to
do so, please complete our Customer Satisfaction Survey, located online at
http:Ucorpsmapu.usace.army.miUcm apex/f?p=136:4:0.
Copy furnished:
Dave Wanucha, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: Apri127, 2017
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Philip Harris III, 1598 Mail Service Center, Raleigh, NC
27699.
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, NCDOT / NC 119 / MEBANE BYPASS / U3109
/ Alamance County / Division 7, SAW-2002-20667
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project area is located along NC Highway
119 (NC 119) from the Interstate 40/85 (I-40/I-85) interchange southwest of downtown Mebane to the existing SR 1962
(3rd Street) Extension. The project area is then proposed on new location, relocating NC 119 to the west and north of
downtown Mebane before tying into existing NC 119 just south of SR 1918 (Mrs. White Lane). The project terminates just
north of Mrs. White Lane. The Review Area for this project is limited to the area within NCDOT's Right of Way (R/W)
and/or within the Impact, Fill, Excavation, or Clearing areas as shown on Permit Drawing Sheets 1-43 of the "Wetland and
Surface Water Impacts PermiY' and Permit Drawing Sheets 1-18 of the U-3109B "Preliminary Wetland and Surface Water
Impacts Permit" submitted by NCDOT in their "Phased Permit Application for Section 404 Individual Permit and Section
401 Water Quality Certification" dated February 27, 2017.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parisWborough: Alamance City: Mebane
Center coordinates of site (ladlong in degree decimal format): Lat.: 36.100041336272° Long.:-79.2870249936612°
Universal Transverse Mercator:
Name of nearest waterbody: MoAdams Creek and 12 UTs, Mill Creek and 4 UTs, UT to Mill Creek (Forest Lake), 5 UTs
to Back Creek (Graham-Mebane Reservoir), and 3 impoundments (ponds)
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
� Field Determination. Date(s): January 26, 2010, December 5, 2012, and October 4, 2016
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Latitude Longitude Estimated amount of Type of aquatic Geographic authority to
Site Number (decimal (decimal aquatic resources in resources (i.e., which the aquatic resource
degrees) degrees) review area (acreage and wetland vs. non- "may be" subject (i.e., Section
linear feet, if applicable wetland waters) 404 or Section 10/404)
Phase A- Permit Site 1:
SB(I) (UT2) 36.07690186 -79.29338860 247 linear feet non-wetland water Section 404
Phase A- Permit Site 1:
SB(P) (UT2) 36.07746855 -79.29313321 200 linear feet non-wetland water Section 404
Phase A- Permit Site 2:
SC (UT3) 36.07856852 -79.29409560 544 linear feet non-wetland water Section 404
Phase A- Permit Site 3:
SD (UTl) 36.07856730 -79.29324688 1009 linear feet non-wetland water Section 404
Phase A- Permit Site 4:
OWA 36.08127106 -79.29486077 2.19 acre wetland Section 404
Phase A- Permit Site 5:
SF (UT4) 36.08080559 -79.29370681 136 linear feet non-wetland water Section 404
Phase A- Permit Site 6:
SG 36.08304219 -79.29335116 473 linear feet non-wetland water Section 404
Phase A- Permit Site 7:
MoAdams Cr 36.08555815 -79.29353324 1882 linear feet non-wetland water Section 404
Phase A- Permit Site 7A:
SH (UT5) 36.08507151 -79.29282436 82 linear feet non-wetland water Section 404
Phase A- Permit Site 8A:
SJ (UT6) 36.09020129 -79.29241423 792 linear feet non-wetland water Section 404

Latitude Longitude Estimated amount of Type of aquatic Geographic authority to
Site Number (decimal (decimal aquatic resources in resources (i.e., which the aquatic resource
degrees) degrees) review area (acreage and wetland vs. non- "may be" subject (i.e., Section
linear feet, if applicable wetland waters) 404 or Section 10/404)
Phase A- Permit Site 8B:
SK 36.08968635 -79.29229021 129 linear feet non-wetland water Section 404
Phase A- Permit Site 9:
WB (WL2) 36.09061263 -79.29241740 0.22 acre wetland Section 404
Phase A- Permit Site 10:
SM (UT7) 36.09391874 -79.29309570 473 linear feet non-wetland water Section 404
Phase A - Permit Site
10A: SN (UT7A) 36.09410999 -79.29410419 151 linear feet non-wetland water Section 404
Phase A- Permit Site 11:
SO (UT8) 36.09589067 -79.29425728 597 (inear feet non-wetland water Section 404
Phase A- Permit Site 12:
OWB 36.10207258 -79.29631596 0.13 acre wetland Section 404
Phase A- Permit Site 12:
WD 36.10161563 -79.29586589 0.08 acre wetland Section 404
Phase A - Permit Site
12A: WE 36.10206095 -79.29610722 0.003 acre wetland Section 404
Phase A - Permit Site
126: S1 36.10250423 -79.29682276 112 linear feet non-wetland water Section 404
Phase A - Permit Site
12C: S2 36.10234464 -79.29680909 13 linear feet non-wetland water Section 404
Phase A- Permit Site 13:
OWC 36.10383565 -79.29596588 1.96 acre wetland Section 404
Phase A- Permit Site 13:
WF (WL4) 36.10332854 -79.29505447 0.008 acre wetland Section 404
Phase A - Permit Sites
13/16: SR (UT10) 36.10302769 -79.29461323 1215 linear feet non-wetland water Section 404
Phase A- Permit Site 14:
SS 36.10305663 -79.29396117 111 linear feet non-wetland water Section 404
Phase A- Permit Site 15:
ST (UT11) 36.10572696 -79.29016605 660 linear feet non-wetland water Section 404
Phase A- Permit Site 17:
SU (UT14) 36.10878391 -79.28341418 294 linear feet non-wetland water Section 404
Phase A- Permit Site 18:
MoAdams Cr (SI) 36.08899723 -79.28378692 236 linear feet non-wetland water Section 404
Phase A- Permit Site 19:
WA (WL11) 36.08924809 -79.28410986 0.11 acre wetland Section 404
Phase A- Permit Site 20:
SL (UT25) 36.09160079 -79.28496874 352 linear feet non-wetland water Section 404
Phase A- Permit Site 20:
WC (WL13) 36.09117236 -79.28461841 0.26 acre wetland Section 404
Phase A- SA 36.07256886 -79.29156053 126 linear feet non-wetland water Section 404
Phase A- SP 36.09601490 -79.29408570 97 linear feet non-wetland water Section 404
Phase B- Permit Site 1:
SA (UT14) 36.11209925 -79.2844603 458 linear feet non-wetland water Section 404
Phase B- Permit Site 1:
SC (UT17) 36.12123304 -79.2782289 228 linear feet non-wetland water Section 404
Phase B- Permit Site 2:
MILL CREEK 36.1171126 -79.28194516 376 linear feet non-wetland water Section 404
Phase B- Permit Site 3:
SB (UT16) 36.11883411 -79.28100314 649 linear feet non-wetland water Section 404
Phase B- Permit Site 4:
WA 36.12145049 -79.27862372 0.01 acre wetland Section 404
Phase B- Permit Site 5:
WB 36.12229868 -79.27734934 0.19 acre wetland Section 404
Phase B- Permit Site 6:
WC 36.12290192 -79.27602711 0.27 acre wetland Section 404
Phase B- Permit Site 7:
WD-1 36.12595623 -79.27601742 0.19 acre wetland Section 404
Phase B- Permit Site 8:
WE-1 36.12916234 -79.27473478 0.43 acre wetland Section 404
Phase B- Permit Site 9:
WE-2 36.12922857 -79.27546399 0.11 acre wetland Section 404
Phase B- Permit Site 10: 36.12089900 -79.27668200 339 linear feet non-wetland water Section 404
SI (UT 29)

Site Number
Phase B- Permit Site 10:
WG
Phase B- Permit Site 11:
SJ (UT 28)
Phase B - S-F
Phase B - S-G
Phase B - W-D2
Phase B - W-E3
Phase B - W-F
Phase B - OW-A
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
36.12078700 -79.27668200
36.12051900 -79.27583100
36.12931494 -79.27545595
36.13236199 -79.2761368
36.12626434 -79.27586916
36.12948592 -79.27552513
36.13209184 -79.27535307
36.12604614 -79.27625682
Estimated amount of Type of aquatic
aquatic resources in resources (i.e.,
review area (acreage and wetland vs. non-
linear feet, if applicable wetland waters)
0.01 acre wetland
369 linear feet non-wetland water
168 linear feet non-wetland water
240 linear feet non-wetland water
0.32 acre wetland
0.25 acre wetland
0.83 acre wetland
0.1 acre non-wetland water
Geographic authority to
which the aquatic resource
"may be" subject (i.e., Section
404 or Section 10/404)
Section 404
Section 404
Section 404
Section 404
Section 404
Section 404
Section 404
Section 404

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
A licant: N.C. Department of Transportation File Number: SAW-2002-20667 Date: Auri127, 2017
Attached is: See Section below
❑ INITIAL PROFFERED PERMIT Standard Pernut or Letter of ermission A
❑ PROFFERED PERMIT Standard Permit or Letter of ermission B
❑ PERMIT DENIAL C
I—I APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I- The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.mil/Missions/CivilWorks/Re ug lato .ryPro�ramandPermits.aspx or
Corns re�ulations 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 ar 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
pernut.
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 obj ections 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 pernut 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 wark 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 pernut 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: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• 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 J URISDICTIONAL 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.
SECTION II - RE UEST FOR APPEAL or OBJECTIONS TO AN ITiITIAL 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.)
ADDITIONAL INFORMATION: 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.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may
appeal process you may contact: also contact:
District Engineer, Wilmington Regulatory Division Mr. Jason Steele, Administrative Appeal Review Officer
attn: David E. Bailey CESAD-PDO
Raleigh Regulatory Field Office U.S. Army Corps of Engineers, South Atlantic Division
3331 Heritage Trade Drive, Suite 105 60 Forsyth Street, Room 1OM15
Wake Forest, North Carolina 27587 Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of 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 an site investi ation, and will have the o ortuni to artici ate in all site investi ations.
Date: Telephone number:
Si nature of a ellant or a ent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, David Bailey, 69 Darlington Avenue, Wilmington, North
Carolina 28403
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: [phone]