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HomeMy WebLinkAbout20190298 Ver 1_PJD Request 3-6-19_20190306PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: County/parish/borough: City: Center coordinates of site (lat/long in degree decimal format): Lat. ° , Long. ° Universal Transverse Mercator: Name of nearest waterbody: Identify (estimate) amount of waters in the review area - Non -wetland waters: linear feet: width (ft) and/or acres: Cowardin Class: Stream Flow: Wetlands: acres Cowardin Class: Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: Non -Tidal: Unnamed Tributary to Mill Creek (Hammond's Creek?) 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 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 "maybe" 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: ® USDA Natural Resources Conservation Service Soil Survey. Citation: 2 ❑ National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ® FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: (National ® Photographs: ® Aerial (Name & Date): or ❑ Other (Name & Date): Geodectic Vertical Datum of 1929) ® Previous determination(s). File no. and date of response letter: 2004-00702, 2006- 00250, 2006-00240 (Permits and USACE correspondence) ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory Project Manager (REQUIRED) Q� Signature and date of Person requesting Preliminary JD (REQUIRED, unless obtaining the signature is impracticable) 3 SAMPLE Site number Latitude Longitude Cowardin Class Estimated amount of aquatic resource in review area Class of aquatic resource 1 0.1 acre section 10 —tidal 2 100 linear feet section 10 — non -tidal 3 15 square feet non -section 10 — wetland 4 0.01 acre non -section 10 — non - wetland WETLAND DETERMINATION DATA SHEET — Atlantic and Gulf Coastal Plain Region Project/Site: 335 Dolphin Drive City/County: Jacksonville, Onslow County Sampling Date: 9/27/2018 Applicant/Owner: Mr. Samir Patel State: NC Sampling Point: Wetland Investigator(s): David Scibetta, SEGi Section, Township, Range: NA Landform (hillside, terrace, etc.): bottomland hardwood forest Local relief (concave, convex, none): concave Slope (%): 0 Subregion (LRR or MLRA): LRR T, MLRA 153A Lat: N 34.7925 Long: W 77.409612 Datum: NAD83 Soil Map Unit Name: Muckalee loam NWI classification: NI Are climatic / hydrologic conditions on the site typical for this time of year? Yes No X (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: The area had experienced excessive amounts of rain associated with Hurricane Florence HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) _Surface Soil Cracks (B6) _Surface Water (Al) _Aquatic Fauna (B13) _Sparsely Vegetated Concave Surface (B8) X High Water Table (A2) _ Marl Deposits (B15) (LRR U) X Drainage Patterns (1310) X Saturation (A3) X Hydrogen Sulfide Odor (Cl) _Moss Trim Lines (616) —Water Marks (B1) —Oxidized Rhizospheres on Living Roots (C3) _ Dry -Season Water Table (C2) —Sediment Deposits (B2) —Presence of Reduced Iron (C4) —Crayfish Burrows (C8) _ Drift Deposits (B3) —Recent Iron Reduction in Tilled Soils (C6) —Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (B4) _Thin Muck Surface (C7) X Geomorphic Position (D2) _ Iron Deposits (135) —Other (Explain in Remarks) —Shallow Aquitard (D3) _ Inundation Visible on Aerial Imagery (137) X FAC -Neutral Test (D5) X Water -Stained Leaves (139) Sphagnum Moss (D8) (LRR T,U) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes X No Depth (inches): 4 Saturation Present? Yes X No Depth (inches): 0 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: The wetland is directly connectly to an unnamed tributary/stream. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region – Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: Wetland Remarks: (If observed, list morphological adaptations below.) US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0 Absolute Dominant Indicator Tree Stratum (Plot size: 50' L x 10' W ) % Cover Species? Status Dominance Test worksheet: 1. Salix nigra 50 Yes OBL Number of Dominant Species 2. That Are OBL, FACW, or FAC: 4 (A) 3. Total Number of Dominant 4. Species Across All Strata: 5 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 80.0% (A/B) 7. Prevalence Index worksheet: 8. Total % Cover of: Multiply by: 50 =Total Cover OBL species x 1 = 50% of total cover: 25 20% of total cover: 10 FACW species x 2 = Sapling/Shrub Stratum (Plot size: 50' L x 10' W ) FAC species x 3 = 1. Morella cerifera 40 Yes FAC FACU species x 4 = 2. Alnus serrulata 20 Yes FACW UPL species x 5 = 3. Clethra alnifolia 10 No FACW Column Totals: (A) (B) 4. Prevalence Index = B/A = 5. Hydrophytic Vegetation Indicators: 6. _ 1 - Rapid Test for Hydrophytic Vegetation 7. X 2 - Dominance Test is >50% 8. 3 - Prevalence Index is :53.01 70 =Total Cover _ -Problematic Hydrophytic Vegetation' (Explain) 50% of total cover: 35 20% of total cover: 14 Herb Stratum (Plot size: 50' L x 10' W ) 1. Panicum spp. 50 Yes 'Indicators of hydric soil and wetland hydrology must be 2. Scirpus cyperinus 30 Yes OBL present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. 4. Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5, more in diameter at breast height (DBH), regardless of 6 height. 7. Sapling/Shrub - Woody plants, excluding vines, less 8. than 3 in. DBH and greater than 3.28 ft (1 m) tall. 9. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 12. 80 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 40 20% of total cover: 16 height. Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5. Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes X No Remarks: (If observed, list morphological adaptations below.) US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0 SOIL Sampling Point: Wetland Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Types Loc2 Texture Remarks 0-12 10YR 2/1 Mucky Sand Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: _ Histosol (Al) —Thin Dark Surface (S9) (LRR S, T, U) _ 1 cm Muck (A9) (LRR O) _ Histic Epipedon (A2) —Barrier Islands 1 cm Muck (S12) _ 2 cm Muck (A10) (LRR S) —Black Histic (A3) (MLRA 1538, 153D) —Coast Prairie Redox (A16) —Hydrogen Sulfide (A4) —Loamy Mucky Mineral (F1) (LRR O) (outside MLRA 150A) —Stratified Layers (A5) _ Loamy Gleyed Matrix (F2) —Reduced Vertic (F18) —Organic Bodies (A6) (LRR, P, T, U) _ Depleted Matrix (F3) (outside MLRA 150A, 1508) X 5 cm Mucky Mineral (A7) (LRR P, T, U) _ Redox Dark Surface (F6) —Piedmont Floodplain Soils (F19) (LRR P, T) _ Muck Presence (A8) (LRR U) —Depleted Dark Surface (F7) _Anomalous Bright Floodplain Soils (F20) _ 1 cm Muck (A9) (LRR P, T) _ Redox Depressions (F8) (MLRA 15313) _ Depleted Below Dark Surface (A11) —Marl (F10) (LRR U) —Red Parent Material (F21) _Thick Dark Surface (Al2) _Depleted Ochric (F11) (MLRA 151) _Very Shallow Dark Surface (F22) _ Coast Prairie Redox (A16) (MLRA 150A) Iron -Manganese Masses (F12) (LRR O, P, T) (outside MLRA 138,152A in FL, 154) —Sandy Mucky Mineral (S1) (LRR O, S) _ Umbric Surface (F13) (LRR P, T, U) _ Barrier Islands Low Chroma Matrix (TS7) —Sandy Gleyed Matrix (S4) _ Delta Ochric (F17) (MLRA 151) (MLRA 1538, 153D) —Sandy Redox (S5) —Reduced Vertic (F18) (MLRA 150A, 1506) —Other (Explain in Remarks) —Stripped Matrix (S6) —Piedmont Floodplain Soils (F19) (MLRA 149A) X Dark Surface (S7) (LRR P, S, T, U) Bright Floodplain Soils (F20) _Anomalous _ Polyvalue Below Surface (S8) (MLRA 149A, 153C, 153D) 3Indicators of hydrophytic vegetation and (LRR S, T, U) —Very Shallow Dark Surface (F22) wetland hydrology must be present, (MLRA 138, 152A in FL, 154) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): I Hydric Soil Present? Yes X No Remarks: This data sheet is revised from Atlantic and Gulf Coastal Plain Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region – Version 2.0