20190631_final signed PJD request form_20190408

IREVISED: 04/05/2019
ATTACHMENTA
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD): 4/8/2019
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Susan WestberTy - SEPI Engineering
5030 New Centre Drive, Suite B, Wilmington NC, 28403
C. DISTRICT OFFICE, FILE NAME AND NUMBER:
Wilmington, SAW-2016-0002, B 5631
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
B-5631, Sampson County
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT
SITES)
State: NC County/parish/borough: Sampson
City: Dunn
Center coordinates of site (lat/long in degree decimal format):
Lat. 35.280377 - 0 N; Long. 78.563179
ow,
Universal Transverse Mercator: GCS_North—Amencan_1983—NAD-1983_St�tePlane_North_Carolina_FIPS_320()_FeeI
Name of nearest waterbody: Big Juniper Run
Identify (estimate) amount of waters in the review area:
Non -wetland waters:
280 linear feet: See table width (ft) and/or acres.
Cowardin Class: See table
Stream Flow: See table
Wetlands: 0.09 acres.
Cowardin Class: PF01
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal: N/A
Non -Tidal- N/A

E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY):
Office (Desk) Determination. Date:
I —XI Field Determination. Date(s)
5/11/2016
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):
V/ Maps, plans, plots or plat submitted by or on behalf of the
applicant1consultant:
F-4 Data sheets prepared/submitted by or on behalf of the
ap p nt/consultant.
Office concurs with data sheets/delineation report.
Office does not concur with data sheets/delineation report.
1-1 Data sheets prepared by the Corps�
[_1 Corps navigable waters' study,
F-1 U.S. Geological Survey Hydrologic Atlas:
1:1 USGS NHD data
F-1 USGS 8 and 12 digit HUC maps
FV_1 U.S. Geological Survey map(s). Cite scale & quad name: 1�24,000 Dunn. NC
121 USDA Natural Resources Conservation Service Soil Survey.
Citation: 1985 Soil Survey of S@rnpson County, North Carolina
F-1 National wetlands inventory map(s). Cite name:
ElState/Local wetland inventory map(s):
0 FEMA/FIRM maps-
17 100-year Floodplain Elevation is:
(National Geodectic Vertical Datum of 1929)
rV_/1
Photographs: 17 Aerial (Name& Date): ESRI Ae6al [magery
F—] Other (Name& Date):
Previous determination(s). File no. and date of response letter:
Other information (please specify)- UDAR
or

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
11 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:
IMPORTANT NOTE: The information recorded on this form has not
necessarily been verified by the Corps and should not be relied upon for
later iurisdictional determinations.
Digitally signed by
MATTHEWS.MON MATrHEWS.MONTE.K.128486763
TE.K.1284867633 'Date: 2019.04.0811:12:38-04'00'
Signature and date of
Regulatory Project Manager
(REQUIRED)
4
Digitally signed by Mason Herndon
DN —Mason Herndon, o=NC
Department of Transportation,
Division 3,
email—[e-mail],
-us
Date: 2019.04.05 16:11:58 -04'00'
Signature and date of
person requesting preliminary JD
(REQUIRED, unless obtaining
the signature is impracticable)

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