20200267 Ver 1_01A PreJD app- signed_20180920

ATTACHMENT
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD):
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
North Carolina Department of Transportation, Rail Division
1553 Mail Service Center, Raleigh NC, 27699-1553
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
P-5707 Rogers Road (SR 2052) Grade Separation over CSX Railroad
(NO. 633 905 Y)
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES
AT DIFFERENT SITES)
State: North Carolina County/parish/borough: Wake Countv City: Wake
Forest
Center coordinates of site (lat/long in degree decimal format):
Lat. 35.950089°, Long. -78.519951°
Name of nearest waterbody: Smith Creek
Identify (estimate) amount of waters in the review area:
Non-wetland waters: 1576 linear feet: 3-12 width (ft)
Cowardin Class: R3UB3/4, R4SB3/4
Stream Flow: Perennial, Intermittent
Wetlands: 0.01 acres.
Cowardin Class: PF01
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal: 0
Non-Tidal: 0
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY):
❑ Office (Desk) Determination. Date:
❑ Field Determination. Date(s):

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 applicanYs 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 alI
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:
�

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
applicant/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: Wake Forest,
NC (1993) 7.5-minute quadrangle.
❑ USDA Natural Resources Conservation Service Soil Survey. Citation:
Web Soil Survey (online at http://websoilsurvey.nres.usda.gov), and Soil
Survey of Wake County (1970).
❑ 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)
� Photographs: � Aerial (Name & Date): NC OneMap 2017 Orthoimagery.
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 Corps and should not be relied upon for
later jurisdictional determinations.
Signature and date of
Regulatory Project Manager
(REQUIRED)
�1oI18
Signature and date of
person requesting preliminary JD
(REQUIRED, unless obtaining
the signature is impracticable)

Estimated amount
Cowardin of aquatic Class of
Class resource in review aquatic
Site �mmber Latitude Lon itude area resource
1. SC'eam SA 35.952477 -78.523795 R4SB3/4, 837 feet length, oon-section 10
R3UB3/4 3-8 feet av width —non-wetland
2. Stream SB 35.949135 -78.516935 R4SB3/4, 709 feet length, non-section 10
R3UB3/4 3-12 feet av width — non-weYland
3. Stream SC 35.949626 -78.515682 R4SB3/4 30 feet length, non-section 10
4 feet av w�dth —non-wetland
4. Wetland WA 35948921 -78.518734 PEM2 0.01 acre non-section 10
— wetland