signed pjd form.pdf

ATTACHMENT A
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD): 7/26/2018
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Mason Herndon,Environmental Program Supervisor
NCDOT-Highway Division 3 5501 Barbados Blvd.,Castle Hayne,NC 28429
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
Wilmington , U-5862, SAW-2018-01233
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
Interchange Improvements to the Shallotte Bypass(US 17)/SR 1357(Smith Avenue)Intersection
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT
SITES)
State: NC County/parish/borough: Brunswick City: Shallotte
Center coordinates of site (lat/long in degree decimal format):
Lat. 33.983479 ON; Long. -78,382949 OW,
Universal Transverse Mercator:
Name of nearest waterbody: Woodward Branch
Identify (estimate) amount of waters in the review area:
Non-wetland waters:
6,758 linear feet: width (ft) and/or acres.
Cowardin Class: Riverine(R-UB12,R3UB2,R4SB4)
Stream Flow: Tributary,Intermittent and Perennial
Wetlands: 10.41 acres.
Cowardin Class: Forested(PF02)and Emergent(PEM2)
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal:
Non-Tidal:
1

E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY):
❑ Office (Desk) Determination. Date:
❑ Field Determination. Date(s): 6/28/2018
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
appli nt/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:24K snauoea,NC
❑ USDA Natural Resources Conservation Service Soil Survey.
Citation:
❑✓ National wetlands inventory map(s). Cite name: NWT wetlands
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is:
(National Geodectic Vertical Datum of 1929)
❑ Photographs: ❑ Aerial (Name & Date): or
❑ Other (Name & Date):
❑ Previous determi nation(s). File no. and date of response letter:
❑ Other information (please specify):
2

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.
3

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:
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.
Digitally signed by Mason
Herndon
MATTHEWS.MONTE.K.1284 �/ DN:cn=Mason Herndon,
'�- ��"— ��o=NCDOT,ou=Division 3,
111 867633 email=[e-mail],
2018.07.26 11:19:58-04'00' c=US
Date:2018.07.25 09:00:13-04'00'
Signature and date of Signature and date of
Regulatory Project Manager person requesting preliminary JD
(REQUIRED) (REQUIRED, unless obtaining
the signature is impracticable)
4

Waters Name Cowardin Code HGM Code Area (acres) Linear ft Waters Types Latitude dd Longitude dd
Woodward Branch R3UB2 824 RPW 33.979616 -78.377087
SA Tributary R-UB2 1116 RPW 33.984808 -78.388415
SA Intermittent R4UB2 187 RPW 33.984420 -78.390464
SB Tributary R-UB2 27 RPW 33.986857 -78.390598
SC Tributary R-UB2 9 RPW 33.983693 -78.384493
SC Intermittent R4UB2 1,792 RPW 33.982602 -78.383234
SC Perennial R3UB2 1,500 RPW 33.979654 -78.377464
SD Tributary R-UB2 340 RPW 33.982377 -78.382498
SE Tributary R-UB2 287 RPW 33.981149 -78.379392
SF Tributary R-UB2 270 RPW 33.984811 -78.382317
SG Intermittent R4UB2 258 RPW 33.984986 -78.390632
SG Perennial R3UB2 148 RPW 33.984188 -78.390857
WA PFO2 RIVERINE 1.8 RPWWN 33.986594 -78.390451
WB PEM2 RIVERINE 0.54 RPWWN 33.983100 -78.383963
WC PFO2 RIVERINE 0.08 RPWWD 33.983981 -78.384840
WD PEM2 RIVERINE 1.25 RPWWN 33.979955 -78.377449
WE PFO2 RIVERINE 0.17 RPWWN 33.982812 -78.382109
WF PEM2 RIVERINE 0.31 RPWWN 33.980284 -78.376710
WG PFO2 MINSOILFLT 0.03 ISOLATE 33.982788 -78.379983
WH PFO2 MINSOILFLT 0.95 ISOLATE 33.983634 -78.380541
WJ PFO2 RIVERINE 4.3 RPWWN 33.988452 -78.391066
WK PFO2 RIVERINE 0.02 RPWWN 33.989754 -78.383061
WL IPF02 MINSOILFLT 0.96 RPWWN 33.989448 -78.386711