Agenda - 04-03-2018 8-e - Major Subdivision Preliminary Plat Application – Morgan Ridge Subdivision

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59 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW- 2017 -01482 County: Chatham U.S.G.S. Quad: Bynum NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner /Applicant: Soil & Environmental Consultants, PA Steven Ball Address: 8412 Falls of Neuse Road Suite 102 Raleigh. North Carolina 27615 Telephone Number: 919- 846 -5900 Size (acres) 52 (approximately) Nearest Waterway Meadow Branch USGS HUC 03030002 Nearest Town Chapel Hill River Basin Cape Fear Coordinates Latitude: 35.8651387440617 Longitude: - 79.1562090417338 Location description: The site is located approximately 750 feet northeast of the Jones Ferry Road, Storybook Farm Lane Road in Chatham County, North Carolina on Parcel Number 9757 -30 -5510. Both Approved and Preliminary jurisdictional determinations (JDs) were conducted at this site. The specific waters that were reviewed under the Approved JD are identified as follows: A single pond shown on the attached map as "Non Jurisdictional Pond" This feature is bounded by a yellow polygon (project area) approximately 1 acre in size. The specific waters that were reviewed under the Preliminary JD are as follows: Streams A,B,C,D,E and F. Wetlands W1, W2 W3 W4 WS W6 W7 W8 W9 W10 These 6 stream and 10 wetland features are also shown on the attached map and include all potential waters not reviewed under the approved JD. The project area for these waters are bounded by a red polygon (approximately 51 acres), excluding area bounded by the yellow polygon described above. Indicate Which of the Following Apply: A. Preliminary Determination X 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). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. 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. There are wetlands on the above described property, 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). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA /RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination _ There are Navigable Waters of the United States within the above described property 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 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. Page 1 of 2