20180877 Ver 1_Jurisdictional_Determination_20180625

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2017-01818 County: Wilkes U.S.G.S. Quad: NC -Roaring River
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Town of North Wilkesboro
Address:
PO Bog 218
North Wilkesboro NC_ 28.659
Telephone Number:
336-667-7129
E-mail:
Size (acres)
133
Nearest Town North Wilkesboro
Nearest Waterway
Mulberry Creek
River Basin Upper Pee Dee
USGS HUC
03040101
Coordinates Latitude: 36.1905
Longitude: -81.0988
Location description: The project is located at River Liberty
Grove Church Rd/Woodside Dr. near North Wilkesboro in Wilkes
County, NC.
Indicate Which of the Following Appy:
A. Preliminary Determination
® There appear to be waters, including wetlands on the above described project area/property, 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. The approximate boundaries of these waters are shown on the enclosed delineation map dated 9/29/2017. 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 appear to be waters, including wetlands on the above described project area/property, 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).
However, since the waters, including wetlands 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, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/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 project area/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, including wetlands on the above described project area/property 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 recommend you have the waters, including wetlands on your project area/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 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
bLtp:HcoEpsmapu.usace.anny.mil/cm a ex/f? =136:4:0
Copy furnished:
Agent:
KCI Technologies
Joe Sullivan
Address:
4505 Falls of Neuse Rd. Suite 400
Ralci h NC 27606
Telephone Number:
919 278 2533
E-mail:
joe.sullivan(a kci.com

)?�' 1:I - `?.EO UE -s I' k(►R 4P'Pi!LL or 0I3JE1.7'1,UNS 'i 0 AX IN71 TAL ?KOFMKED I'ts�Mk f
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.
POIN"I" or CrW-1, V .T l-'Ok QIJE i -fit S OR NP RNIA11ON-
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: PM NAME CESAD-PDO
Select Field Office Name U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers 60 Forsyth Street, Room IOM15
Select Field Office Street Address Atlanta, Georgia 30303-8801
Select Field Office City 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 any site investigation, and will have the opportuni to participate in all site investiations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: PM NAME , 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 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

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 or 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 permit 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:

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
F Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:yicinity Map
' Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ 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.
-91 U.S. Geological Survey map(s). Cite scale & quad name: 1:24K Roaring River
❑ 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 Geodetic Vertical Datum of 1929)
L Photographs: X Aerial (Name & Date): 2014 NC Statewide Aerial Photographs
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 necessaril
been verified by the Corns and should not be relied upon for later 'urisdictiona[
determinations.
Signature and date of
Regulatory staff member
completing PJD
Joseph Sullivan LWP=M
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
1 Districts may establish timeframes for requestor to return signed PJD forms. if the requestor does not respond
Within the established time frame, the district may presume concurrence and no addit onai follow UD is
necessary prior to finalizing an action.

0
of
z
O
O
CL
w
CL
x cpcncpCpuncon
CD
0
CD
W
CD
CD
CD
a
a
0
0
r
zzzzzz
ff.
o
w
LA
O°
00�o
Nurk
w
w00
0
L/
b
l 1
CIl
LAC)
f A
00
Ul
un
cn
L"en
�+
CA
cn
O
O A
o
0
0
0 0
O
LD
tiD O
Q
H
O
F
OM
0 0
H H
►(
co 4D .
Na
N
w
cNii
v
000
'A
rJ
>>>a>�}'
'v�
in
[fi
in
w
w
w
w
w
w
w
w
w
w
w
N
P,0�
C*,57,C,
O's
o,c,o,Ca,0
00
00
00
oHo
cc
bA
w
w w
w
w
w
w w
r
P\Qa,9)F,P"9)P,�
o�
c -A
00
00 00
00
00
\O
\D �c
C
.1
�i
00
N
l0
N
I'0
w
4�,
O H
O, O,
.
C;c000000000
00
00 00
00
00
00
oa oo
Oy�
O
0 0
CJ
O
00
M M
110
1�0 O
lD
"o
to
O
O O
go
rn
00 ID
o1 N
"o
—
w
N A
o, O
o
Ul
H
.i
O
O,
N
H
W
-4
Q
CL
0
of
z
y
I�
CD
t"
Cl)
CD
d'
Q
N
O
y
CD
0
CD
W
CD
CD
CD
oa
w
LA
O°
00�o
Nurk
w
w00
0
L/
CIl
LAC)
f A
00
Ul
LA
i,n
L"en
�+
z
Na
N
w
cNii
i
000
'A
rJ
'v�
in
[fi
in
w
w
w
w
w
w
w
w
w
w
w
N
P,0�
C*,57,C,
O's
o,c,o,Ca,0
00
00
00
oHo
cc
bA
w
0
N
R'
o�
c -A
r
C;c000000000
00
w
I0
I'D
\O
—
00
',D
4h,
00
00
Ul
H
.i
O
O,
N
H
W
-4
Q
CL
y
I�
CD
t"
Cl)
CD
d'
Q
N
O
y