20190443 Ver 1_final counter signed PJD B 5308_20150915

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PRELIMINARY JURfSDICTI�NAL DETERMINATIDN FQRM
BACKGRaUMD INFD�MATI4N
A. REP�RT COMPLETIQN DATE FOR PRELIMINARY JURIS�ICTI�NAL
❑ETERMINATI�N (JDj:
B. NAME AND ADDRESS �F PERS�N REQLIESTING RRELIMINARY JD:
Tina Sekula, 6Qi Cascade Pointe Lane, 5ulta 1p1, Cary, NC
C. ❑lSTRICT �FFICE, FILE NAME, AND NUM�ER:
Wilmington Regulatory Field Qffioe
D. PR�JECT L�CATI�N�S) AND BACKGRQUND INF�RMATION:
Replace Bridge 152 on SR 1455 (Payton Oaniels Road] qver Caesar 5wamp
�USE THE ATTACHED TABLE TO DflCUMENT MUL7IPLE WATERBaDIES AT DIFFERENT
5�7ESy
S�ate: NC C�untylp2��EshlbOroUgh: samRson Cj�; Salemburg
Cen#er coordinates of site (latllong in degree decimal format}:
Lat. ss.��a�ss °N; Long, aa.sz�4zs °W.
Universa{ Transverse Mercator: uTM t�; NAa&3
Nali'1@ �� I1B�C�St WafBCE78C�]I: CaesarSwarnp
Identify {estima#e} amount of waters in the review area:
Non-wetland waters;
s� An��ed Taeie e linear feet: width �ft) andlor acres.
�owarc�in Glass:
Stream Flaw:
Wetlancls: acres.
Cowardin Class:
Name of any water badies on the site ti�at ha�e been identified as 5ection 10
waters:
Tidal: Na�e
N�II-Yldal: None

E. REVIEW PERFORMED FOR SITE EVALIJATION �CHECI�C ALL THAT
APPLY�:
� �ffice �Desk} Determinatian. Date:
� Field Deterrnination. Da#e(s}:
SUPPORTING DATA. Data reviewed for preliminary JD
�che�k all that apply - checked items should be included in case file and,
where checked and requested, appropriately reference sources belowj:
� Maps, plans, plots or plat submitted by ar on �ehalf af the
applicanticonsui#ant: �E� �o�s��f��a
� �ata sheets preparedlsubmitted by vr vn behalf of the
app ' nticonsultant.
�ffice conc�rs wit� data sheetsldelineation report.
�ffice dves not concur with data sheetsldelineation report.
❑ Data sheets prepared by the Carps:
❑ C�rps navigable waters' study:
❑ U.S. Geol�gical Sur�sy Hydrologic Atlas:
� USGS NHD data
� L1SGS 8 and 12 digit HUC maps
�❑ U.S. Geological 5urvey map(s). Cite scale & quad name:1:z4,��o; M�n�. se�me��
�❑ USDA Natural Resources Conservatian Service S�il 5urvey.
Cltatl0tl: USDA Web 5oil Survey; USDA Sai� Sur�ey of 5ampsan County, AEC, 1985
�❑ National wetlands in�entory map(sj. Cite name: usFws w�t�a�a M�ppQr
❑ StatelLoGal wetland inventory map�s}:
❑ FEMAIFIRM maps:
� 10�-year �loadplain Ele�atian is: _ _
(Natianal Geadectic Vertical Da#um of � 929}
QPhatographs: ❑� Aerial (Name & Date): NA�p �0�2 ar
� Other (Name 8� ❑ate}:
� Previaus determinatian(s). File no. and da#e af response letter:
❑ Other infvrmatian [please specify):
2

1. The Corps of Engineers believes that there may be jurisdictional waters of the
lJnited States on the subjeGt site, and the permit applicant ar ather affected party
who requested this preliminary J❑ is hereby advised of his or her option to
request and obtain an appraved jurisdictional determination (J�) for that site.
Neve�#heless, the permit appli�ant or other persan who requested tl�is
preliminary JD has declined ta exercise the option fo obtain an appraved JD in
this instance and a# this time.
2. In any circumstanc� where a permit applicant obtains an indi�idual permit, or
a Nationwide General Permit {NWP) ar 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
appraved JD for the activity, the permit applican# is hereby made aware of ths
following: {1 } the pemnit applicant has elected ta seek a permit authorization
based an a preliminary J�, which does not make an officiai determinatian of
jurisdictional waters; (2} that the applicant has the aption to request an appravet!
J❑ before accepting the terms and canditions of the permit authorization, and
that basing a permit authorFzation on an approued JD cQuld possihly result in less
compensatory mitigation being required ar di�ferent special conditions; (3} that
the applicant has t�e right to request an indi�idual permit rather than ac�epting
the terms and �onditi�ns of the NWP or other general permit authorization; (4}
that the applicant can accept a permit autharization and thereby agree to comply
with all the terms and conditions nf that permit, including whatever mitigation
requirements the Corps has determined to be necessary; (5) that undertaking
any acti�ity in reliance upan the subject permit authorization without requesting
an approved JO canstitutes the applican#'s acceptance of the use of #he
preliminary JD, but that either form of JD will be processed as saon as is
practicable; (fi} accepting a permit authorization (e.g., signing a proffere�
individual permit} ar undertaking any activity in reliance on arty form af Carps
permit authorizatian based on a prefiminary JD constifutes agreement that all
wetlands and ather water badies an the site affected in any way by that acti�ity
are jurisdictional waters of the United States, and precludes any challenge to
such jurisdiction in any administrative ar judicial campliance or enforcement
action, or in any administrative appeal or in any Fede�al court; and (7) whether
the applicant elects ta use either an approved JD �r a preliminary J�, that JD
will be processed as soon as is pracficable. Further, an approved JD, a proffered
individual permit �and all terms and cflnditions contained therein), or individual
permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331,
and that in any adrninistrative appeal, jurisdictional issues can be raised (see 33
C.F.R. 331.5(a}{2)}. if, during that adrninistrative appeal, �t hecomes ne�essary
ta make an official determination whether CWA jurisdiction exists over a site, or
to provide an afficial delineafion af jurisdictional waters on the site, the Cvrps will
provide an appraved JD to accamplish that resul#, as soon as is practicable.

This preliminary J❑ finds fhat there "may be�wa#ers of #he Uni#ed Sta#es an the
subject pro�ecf site, and identifies alf aquatic features on the site that could ��
affecte� by the praposed activity, based nn the following in#ormatian:
1MPC3RTANT NaTE: The informat�on recorded an this form has not
necessarifY been verified by the Corps and should nat be relied u�or� fior
later �urlsciic#ional deferminations.
^ � DigitallysignedbySHAVER.BRAD.E.1276601756
:� � j � DN: c=US, o=U.S. Governmen[, ou=DoD, ou=PKl,
1y� ou=USA, rn=SHAVER.BRAD.E.1276601756
t� � � Date:2015.09.15 10:10:31 -04'00'
Signature an� date of
Regu�atory Prvject Manager
�REQLJERED}
person requesting preiiminary JD
{REQLIIRE�, unless ahtaining
the signature is impractica�Ee)
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