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Home My WebLink AboutSW3171002_SAW-2017-00718 Thales Academy Waxhaw (NWP39&14)_20171020U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2017-00718 County: Union U.S.G.S. Quad: NC -Catawba NE GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Thales Academy, Incorporated Michael Roach Address: 4641 Paragon Park Road Raleigh, NC 27616 Telephone Number: 919-270-5410 E-mail: michael.roach(&captiveaire.com Size (acres) 5_9 Nearest Town Waxhaw Nearest Waterway West Fork Twelve Mile Creek River Basin Santee USGS HUC 03050103 Coordinates Latitude: 34.993 Longitude: -80.764 Location description: The proiect are is located 220 feet west of the intersection of New Town Road and Hickory Ridge Drive. PIN: 06156007. Description of projects area and activity: This verification authorizes the placement of fill material in 0.119 acre of wetlands and 138 linear feet of stream to facilitate the construction of a private school. The Droiect would result in the loss of 0.119 acre of wetlands and 43 linear feet of stream necessary for the construction of a parking lot and roadways. The proiect would also result in temDorary imDacts to 95 linear feet of stream to facilitate the widening of a road and the relocation of a channelized. roadside intermittent stream. Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 39. Commercial and Institutional Developments and NWP 14. Linear Transportation Projects SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application signed and dated 8/8/2017, and the enclosed plans C-01 dated 7/26/2017 and C5.00 dated 8/5/2017. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact David L. Shaeffer at 704-510-1437 or david.l.shaefferAusace.army.mil. I DDat tall20y signed09by18SHAEFFE4419 R.DA00VID.LEIGH.1260]505]3 j j DN.- =US,o U.S. Government, o D,D,o PKI,o USA, Corps Regulatory Official.U--:,,t�=SNAEFFER.DAVID.LEIGH.1M0750578 Date: 9/27/2017 ae: 17..27 -04'' Expiration Date of Verification: 03/18/2022 SAW -2017-00718 Determination of Jurisdiction: A. ® There are waters including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ❑ There are waters including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued Date. Action ID: AID. Basis For Determination: See the preliminary jurisdictional determination form dated 9/27/2017. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdiction determinations as indicated in B and C above). This correspondence constitutes an approved jurisdiction determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** ^ Digitally signed by SHAEFFER.DAVID.LEIGH.1260760673 �' DH:c=UE FEE. AVID.Lmmen;ou=DOD, oo=PKI, oo-USA, Corps Regulatory Official: cn=:2017.9.271.44.4GH4'00' 60673 11 Date: 2017.09.2718:44:49 -04'00' David L. Shaeffer Date of JD: 9/27/2017 Expiration Date of JD: Nota SAW -2017-00718 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.anny.mil/cm apex/f?p=136:4:0 Copy furnished: Agent: Wetlands & Waters, Incorporated Tamp Bandy Address: 4108 LB Propst Drive Conover, NC 28613 Telephone Number: 828-302-3437 E-mail: 0tampbandYA2mail.com SAW -2017-00718 SPECIAL CONDITIONS a. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. Action ID Number: SAW -2017-00718 County: Union Permittee: Thales Academy, Incorporated, Michael Roach Project Name: Thales Academy Waxhaw Date Verification Issued: 9/27/2017 Project Manager: David L. Shaeffer Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: David L. Shaeffer Asheville Regulatory Office U.S Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date P E ACADEMY wr 2 NEW TI -N RD NE 28173 111 Mf—l— ares •a _ , _ _ �_ 7 VL 00;; ..... BID SET p GRADING & STORM DRAINAGE NOTES PIPE -BUE MN —T� GRADING LEGEND RW MMO—Bo ""OR "WEI 111 E "Mo —.T W I NIR T aomomtmm A- I— --ED JUN—N (D—L. 11 —.1. T. —T ll� D R AT -1 AT BIOREFTENTION MEDIA NOTES 1 1— --T N . L _D_ GRADING PLAN D.-- .__T.=ZA 0- -0 I—LINE L IN`T*V�L�— —5LTRNETT.- lY by M' .. C5.00 R. STEWART THALES ACADEMY sssss THALES P E ACADEMY wr 2 NEW TI -N RD NE 28173 111 Mf—l— ares •a _ , _ _ �_ 7 VL 00;; ..... BID SET p GRADING & STORM DRAINAGE NOTES PIPE -BUE MN —T� GRADING LEGEND RW MMO—Bo ""OR "WEI 111 E "Mo —.T W I NIR T aomomtmm A- I— --ED JUN—N (D—L. 11 —.1. T. —T ll� D R AT -1 AT BIOREFTENTION MEDIA NOTES 1 1— --T N . L _D_ GRADING PLAN D.-- .__T.=ZA 0- -0 I—LINE L IN`T*V�L�— —5LTRNETT.- lY by M' .. C5.00 R. STABILIZATION MAT INSTALLATION DETAIL�w�'HELej F7, STEWART THALESACADEMY RA 1.11 - smooar s- c emD THALES ACADEMY --T—D. —I-, NC.1]3 DITCH PROFILE B -B Nwv a imaan saa,a,an N:7 RoeE Imarwemer I W d—, 3o -..m, Pa•aaNal.o-.am D`O...y �,�N 1D LF Is M) e-' LF (0.003 x) Di-e-ry LF,D.DD, D,—bl a �,�l��e Ralo-1, s,�(D.DD,T) 27 1 21 C SCALE: WETLAND IMPACTS PpeM ��ma. „m,D shy. C-01 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Thales Academy, Incorporated, Michael File Number: SAW -2017-00718 Date: 9/27/2017 Roach Attached is: See Section below PROFFERED PERMIT Standard Permit or Letter of ermission A RED PERMIT Standard Permit or Letter of ermission B DENIAL C LAPPROVED JURISDICTIONAL DETERMINATION D INARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/Re ug latoryProgramandPermits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 1I of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Jason Steele, Administrative Appeal Review Officer Attn: David L. Shaeffer CESAD-PDO Asheville Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1OM15 151 Patton Avenue, Room 208 Atlanta, Georgia 30303-8801 Asheville, North Carolina 28801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportuni to participate in all site investi ations. Date: Telephone number: Signature of appellant oragent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: David L. Shaeffer, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 Compensatory Mitigation Responsibility Transfer Form Permittee: Thales Academy, Incorporated, Michael Roach Action ID: SAW -2017-00718 Project Name: Thales Academy Waxhaw County: Union Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8 -digit HUC and Basin: 03050103, Catawba River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.119 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8 -digit HUC and Basin: 03050103 Expanded Service Area Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.357 Mitigation Site Debited: NCDMS (List the name of the bank to be debited. For umbrella banks, also list the specific site. acceptance letter identifies a specific site, also list the specific site to be debited). For NCDMS, list NCDMS. If the NCDMS Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from NCDMS, confirming their willing and able to accept the applicants compensatory mitigation responsibility, dated 8/18/2017was included with the preconstruction notification. This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC27587 (email: todd.tugwell@usace.army. mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: David L. Shaeffer USACE Field Office: Asheville Regulatory Office US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 Email: david.l.shaeffer@usace.army.mil Digitally signed by SHAEFFER.DAVID.LEIGH.1260750573 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=SHAEFFER.DAVID.LEIGH.1260750573 Date: 2017.09.27 18:45:58 -04'00' 9/27/2017 USACE Project Manager Signature Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 9/27/2017 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Thales Academy, Incorporated, Michael, Roach, 4641 Paragon Park Road, Raleigh, NC, 27616 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Thales Academy Waxhaw, SAW - 2017 -00718 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project are is located 220 feet west of the intersection of New Town Road and Hickory Ridge Drive. PIN: 06156007. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Union City: Waxhaw Center coordinates of site (lat/long in degree decimal format): Latitude: 34.993 Longitude: -80.764 Universal Transverse Mercator: Name of nearest waterbody: West Fork Twelve Mile Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: 09/27/2017 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Estimated amount of Geographic authority to Type of aquatic aquatic resources in which the aquatic resource Latitude (decimal Longitude (decimal resources (i.e., Site Number review area (acreage 'may be" subject (i.e., degrees) degrees) wetland vs. non - and linear feet, if Section 404 or Section wetland waters) applicable 10/404) Non -wetland Trib A 34.99242 -80.76432 500 If Section 404 water Non -wetland Trib B 34.99157 -80.76334 200 If Section 404 water Non -wetland Trib C 34.99187 -80.76309 50 If Section 404 water WL A 34.99297 -80.76414 0.138 acre Wetland -water Section 404 34.99242 WL B -80.76432 0.064 acre Wetland -water Section 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 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 AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) 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) 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) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (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 PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives 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 AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, 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. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map:20Figure 1 dated 3/10/2017 ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ 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: ❑ Natural Resources Conservation Service Soil Survey. Citation:_ ❑ 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): or ❑Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ 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. Digitally signed by SHAEFFER.DAVI D.LEIG 11.1260750573 • r DIV: KUGovernment, ou=DoD, ou=Pl,ou=SA, cn=SHAEF F ER.DAVI D.LEIGH.1260750573 Date: 2017.09.27 18:46:32 -04'00' Signature and date of Regulatory staff member completing PJD 9/27/2017 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Features Trib A - Intermittent Stream —500 If Trib B - Diversion Ditch —200 If Trib C - Intermittent Stream — 50 If UPland� WL A - wetland 0.138 ac q DF IWIL B - wetland 0.064 ac Wetland �\\ DF I � e `JNEo , WL -A WI -B j, Tributary - A f� a F�opOp NN,y(o — MgRcus&c NiF f. PQ 3j� pI ST/NF ', 06 6016 ( lV , 5�3 2 0. 598zs3>1� 1 Intermittent /Nk 5g, 58 1607o8 s Tributary - C 95' R44- m -p O Ditch / Relocated Intermittent Tributary - B *Wetland Sketch provided for illustrative purposes for preliminary planning use only. Not intended to be relied upon for exact location, dimensions, or orientation. All findings and assessments made by wetland consultants regarding limits ofjurisdiction or permitting requirements are subject to verification by the US Army Corps of Engineers and other appropriate state and local authorities. Base map supplied by Stewart, Inc. 1 Project Name: Thales Academy Wet I ands Owner /Developer: Stewart �. & Waters City / County: Marvin / Union Tax PIN(s): 06156007 Figure 1: Approximate Depiction Coordinates: Scale: Date: of Waters and Wetlands Lat: 34.99268 Long: -80.76383 not to scale 03/10/17