20210722 Ver 1_01B_PJD_form-signed_20181112

ATTACHMENT
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD):
B. NAME AND ADDRESS OF PERSON REQUESTING P
North Carolina Department of Transportation, Rail Division
1553 Mail Service Center, Raleigh NC, 27699-1553
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
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D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
P-5726 Salisbury Station Track Improvements
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES
AT DIFFERENT SITES)
State: North Carolina County/parish/borough: Rowan County City: Salisburv
Center coordinates of site (lat/long in degree decimal format):
Lat. 35.667452°, Long. -80.465335 °
Name of nearest waterbody: Town Creek
Identify (estimate) amount of waters in the review area:
Non-wetland waters: 182 linear feet: 4-6 width (ft)
Cowardin Class: R3UB1/2
Stream Flow: Perennial
Wetlands: 0 acres.
Cowardin Class: N/A
Name of any water bodies on the site that have been identified as Section 10
wate rs :
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 wafiers of the
United States on the subject site, and the permit applicant or other affected party
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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 insfiance 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 notifiication" (PCN), or requests verification for a non-reporting
NWP or other general permit, and the permit applicant has not requested an
approved JD fior the acfiivity, the permit applicant is hereby made aware of fihe
fiollowing: (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
fihe terms and condifiions of the NWP or other general permif 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 accepfiance 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 fihe United States, and precludes any challenge to
such jurisdiction in any administrative or judicial compliance or enforcement
acfiion, 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. Furfiher, 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 jurisdicfiion 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 resulfi, 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 feafiures on the site that could be
affected by the proposed activity, based on the following infiormation:
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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: Salisbury, NC
(1977) 7.5-minute topographic quadrangle.
� USDA Natural Resources Conservation Service Soil Survey. Citation:
Web Soil Survey (online at http://websoilsurvey.nres.usda.gov), and Soil
Survey of Rowan County (2004).
❑ 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 2014 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.u�on for
later iurisdictional determinations.
Signature and date of
Regulatory Project Manager
(REQUIRED)
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person requesting pre�iminary
(REQUIRED, unless obtaining
the signature is impracticable)
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Estimated amount
Cowardin of aquatic Class of
Class resource in review aquatic
Site number Latitude Lon itude area resource
l. Stream SA 35.667010 -80.465670 R3UB1/2 182 feet length, non-section 10
2-6 feet av width — non-wetland
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