final signed U-5534S_PJD Form_Signed.pdf

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD:
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Christopher Dustin — SEPI Engineering and Construction
5030 New Centre Drive, Suite B, Wilmington NC, 28403.
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Coral Drive, Wrightsville Beach NC,
New Hanover County.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: New Hanover City: Wrightsville Beach
Center coordinates of site (lat/long in degree decimal format): Lat.: 34.212227° Long.:-77.79887°
Universal Transverse Mercator:
18S E 242136 N 3789230
Name of nearest waterbody: Lees Cut
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Deternunation. Date:
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site Latitude (decimal Longitude Estimated amount of Type of aquatic Geographic authority to
Number degrees) (decimal degrees) aquatic resources in resources (i.e., which the aquatic resource
review area (acreage wetland vs. non- "may be" subject (i.e.,
and linear feet, if wetland waters) Section 404 or Section
a licable 10/404)
TriSuAtary 34.212268 -77.799058 138 ft. NoWwe�sand Section 404/10

1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his ar her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
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 AJD for the activity, the pernut applicant is
hereby made aware that: (1) the permit applicant has elected to seek a permit authorization
based on a PJD, which does not make an official determination of jurisdictional aquatic
resources; (2) the applicant has the option to request an AJD before accepting the terms and
conditions of the permit authorization, and that basing a permit authorization on an AJD could
possibly result in less compensatory mitigation being required or different special conditions;
(3) 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) 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) undertaking any activity in reliance upon the subject permit authorization without
requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (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 PJD constitutes agreement that
all aquatic resources in the review area affected in any way by that activity will be treated as
jurisdictional, and waives 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 AJD or a PJD, the JD will be processed
as soon as practicable. Further, an AJD, 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. If, during an administrative appeal, it becomes appropriate to
make an official determination whether geographic jurisdiction exists over aquatic resources
in the review area, or to provide an official delineation of jurisdictional aquatic resources in
the review area, the Corps will provide an AJD to accomplish that result, as soon as is
practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be"
navigable waters of the U.S. on the subject review area, and identifies all aquatic features in
the review area that could be affected by the proposed activity, based on the following
information:

SUPP(JRTING DATA. Data reviewed for PJD (check al[ that apply)
Checked items shauld be included in subject file. Apprapriately reference sources below where
indicated for all c�ecked items:
� Maps, plans, plots or plat su6mitted by or on behalf of the PJD requestor:
twlap:
� Data sheets preparecl/submitted by or on behalf of the PJD requestar.
❑ Qffice concurs with data sheets/delineatian report.
❑ �ffice does not concurwith data sheets/delineatian report. Rationale:
❑ Data sheeis prepared by ihe Corps:
❑ Corps navigable waters' study:
� U.S. Geologicat Survey Hydrologic Atlas:
[� USGS NHD data.
❑ US+GS 8 and 12 digit HUC maps.
� U.S. Geological Survey map(s). Cite scale & quad name: i:24,0�0 Wrightsville Beach_
0 Natural Resources Conse�-vation Service Soi] Survey. Citation:
❑ National wetlands inventory map(s). Cite nam�:
❑ State/local wetland inventory rr�ap(sj:
� FEIvIA/FIRM maps: _
❑ 100-year Floodpiain Elevation is: {National Geodetic Vertical Datum of 1924)
� Photographs: �Aerial (Name & Date): NC One Map
ar �Other (Name & Dat�):LiDAR
❑ Previous determination(s). File no. and cfate af response letter:
❑ �ther �nformation (please specify):
IMPORTANT NOTE: The infarmation recorded �n this farm has not necessaril been
verified 6v the Corus and shoutd not be relied uoo� for later iurisdictianal
deferminations.
SHAVER.BRAD� Digitallysignedby
SHAVER.B RAD.E.1276601756
DN: c=US, o=U.S. Government, ou=DoD,
E.1276601756 ou=PKl,ou=USA, l
rn=SHAVER.BRAD.E.7276601756 � � �' �___. a I�
Date:2017.09.2007:43:41 -04'00' �"�y � L��t~�� � w
Signature and date af Regulatory Signature and date of person
staff inember cornpleting PJD requesting PJD (REQUIRED,
unless obtaining the signature
is irnpracticable) �
� Districts may establish eimeframes for requester to retum signed PJD forms. iFthe reqaester does not respond within the
established time frame, the district may presume coneurrence and no additional follow up is necessary prior to finalizing
an action.