HomeMy WebLinkAbout20171288 Ver 1_bridge 422 PJD_20171019TIP 17BP.6.R.107 (Bridge 770422) Robeson County
PRELIMINARY JURISDICTIONAL DETERMINATI(�N FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DA E F R PRELIMINARY JURISDICTiONAL
DETERMINATION (JD): � v � � �r�� � �'
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
James J. Rerko, PWS NCDOT Box 1105 Fayetteville, NC 28302
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: �� �,U r�C� ����`Z. I��
D. PROJECT LOCATION(S� AND BACKGROUND INFORMATION: Bridge
is along Judge Road {SR 2105 ) which is off SR 10�2 (Old Allenton Road) 1.13
mile south of the intersec#ion of NC 41 and SR 1002.
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES
AT DIFFERENT SITES)
State:NC CountylparishlboroughRobeson Ci#y: Lumberton
Center coordinates of site (lat/long in degree decimal format): Lat. 34.6340°
Pick List, Long. -79.9146° Pick List.
Universal Transverse Mercator:
Name of nearest waterbody: Jackson Swamp
Identify (estimate} amount of waters in the review area:
Non-wetland waters: 63 linear feet: ft.width (ft) and/or
Cowardin Class: Riverine
Stream Flow: Perennial
Wetlands: 0.02 acres.
Cowardin Class: forested
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
APPLI�:
i Desk} Determination. Date: 1� (� ��
ield Determination. Date(s): ( p � � j� �...- s� �.� �� � �� � �-
[
1. The Corps of Engineers believes that there may be juris ictional wa#ers o e
United States on the subject site, and the permit applicant or other affected party
• • — � _. _. — r ... . .. . . �. J � . . . ._ J �. �.. . ... ... ... .. . . ..... ... . . . ... � v tr a. v . � tv
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:
2
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 sh ets prepared/submitted by or on behalf of the
applica 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: Lillington, NC.
❑ USDA Natural Resources Conservation Service Soil Survey. Citation:
❑ National wetlands inventory map{s). Cite name:
❑ State/Local wetland inventory map(s): .
❑ FEMA/FIRM maps: .
❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum
of 1929}
❑ Photographs: ❑ Aerial (Name & Date):
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify): .
IMPORTANT NOTE: The information recorded on this form has not
necessarilv been verified bv the Coras and should not be relied upon for
later iurisdictional determinations.
� 7 �
� � c� /
at e d ate of
�
Regulat Project Manager
{REQUIRED)
/
Sig�iature and date of � "
pe{ son requ�esting preliminary JD
( �EQUIRED, unless obtainin
9
h signature is impracticable)
�• v■ . v• w� ��w v•• v•�i. �\VU4�7V1) VVUI IL
Estimated
Site . . Cowardin amount of Class.of
number Latitude Long�tude Class aquatic aquatic
resource in resource
review area
1 34.6340 -79.9146 Riverine 0.02 acre Non-section 10
-wetland
1 34.s340 -79.9146 Riverine 63LF Non-section 10
non— wetland