20191084 Ver 1_17-10-04_NCDOT_Warren BR 135_SR1609_PowellsMillRd_PJD Form_20190814

ATTACHMENT A
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A.
REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD):
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Authorized Aaent: Heather Smith. Proiect Scientist. Ecoloaical Enaineerin
LLP 1151 SE Cary Parkway, Suite 101, Cary, NC 27518
On Behalf Of: Lisa B. Gilchrist, Bridge Program Manager, NCDOT Division 5
Bridge Program, 4809 Beryl Rd. Raleigh, NC 27606
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: NC County/parish/borough: Warren City: Warrenton
Center coordinates of site (lat/long in degree decimal format):
Lat. 36.339232 °N; Long.-78.128324 °W.
Universal Transverse Mercator:
Name of nearest waterbody: Fishing Creek
Identify (estimate) amount of waters in the review area:
Non -wetland waters:
400 linear feet: Avg. 20' width (ft) and/or
5197717T eIfime]RON0V
Stream Flow: Perennial
Wetlands: 0.04 acres.
Cowardin Class: PF01 C
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal:
Non -tidal:
acres.

E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
❑ Field Determination. Date(s):
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:
Jurisdictional Resources
❑ 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:
❑ USGS Geological Survey Hydrologic Atlas:
❑ USGS NHD data
❑ USGS 8 and 12 digit HUC maps
❑ U.S. Geological Survey map(s). Cite scale & quad name: 1:24k Afton & InezNC
Quadranales
® USDA Natural resources Conservation Service Soil Survey.
Citation: 2016 USDA Web Soil Survey
❑ 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): 2013 NCOneMap or
❑ Other (Name & Date):
❑ Previous determination(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 had 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 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 "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.
MATTHEWS.MON MAITTHEigned by
WS.MONTE.K.1284867633
DN: c=US, o=U.S. Government, ou=DOD, ou=PKI,
TE.K.1284867633 oDae2017°;04 5"o zo°^o ooE.K.'28'86'633
Signature and date of
Regulatory Project Manager
(REQUIRED)
/- 2017-03-07
Signature and date of
person requesting preliminary JD
(REQUIRED, unless obtaining the
signature is impracticable)

Site
No.
Feature ID
Latitude
Longitude
Cowar in
Class
Estimated amount of aquatic
resource in study area
Class of aquatic
resource
Stream Flow
1
Fishing Creek (S1)
36.339111' N
-78.128872' W
R3
400 LF
non -section 10
Perennial
2
Wetland A (WA)
36.339232' N
-78.128324° W
PF01C
<0.01 acres
wetland
N/A
3
Wetland B (WB)
36.33933' N
-78.128559' W
PF01C
<0.01 acres
wetland
N/A
4
Wetland C (WC)
36.339616 N
-78.128925' W
PF01C
0.03 acres
wetland
N/A
5
OWA
36.339048' N
-78.128681° W
L2
400 LF
non -section 10
N/A