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67 <br />1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the <br />review area, and the requestor of this PJD is hereby advised of his or her option to request <br />and obtain an approved JD (AJD) for that review area based on an informed decision after <br />having discussed the various types of JDs and their characteristics and circumstances when <br />they may be appropriate. <br />2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide <br />General Permit (NWP) or other general permit verification requiring "pre- construction <br />notification" (PCN), or requests verification for a non - reporting NWP or other general permit, <br />and the permit applicant has not requested an AJD for the activity, the permit applicant is <br />hereby made aware that: (1) the permit applicant has elected to seek a permit authorization <br />based on a PJD, which does not make an official determination of jurisdictional aquatic <br />resources; (2) the applicant has the option to request an AJD before accepting the terms and <br />conditions of the permit authorization, and that basing a permit authorization on an AJD could <br />possibly result in less compensatory mitigation being required or different special conditions; <br />(3) the applicant has the right to request an individual permit rather than accepting the terms <br />and conditions of the NWP or other general permit authorization; (4) the applicant can accept <br />a permit authorization and thereby agree to comply with all the terms and conditions of that <br />permit, including whatever mitigation requirements the Corps has determined to be necessary; <br />(5) undertaking any activity in reliance upon the subject permit authorization without <br />requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a <br />permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in <br />reliance on any form of Corps permit authorization based on a PJD constitutes agreement that <br />all aquatic resources in the review area affected in any way by that activity will be treated as <br />jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial <br />compliance or enforcement action, or in any administrative appeal or in any Federal court; <br />and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed <br />as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and <br />conditions contained therein), or individual permit denial can be administratively appealed <br />pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to <br />make an official determination whether geographic jurisdiction exists over aquatic resources <br />in the review area, or to provide an official delineation of jurisdictional aquatic resources in <br />the review area, the Corps will provide an AJD to accomplish that result, as soon as is <br />practicable. This PJD finds that there "may be" waters of the U.S. and /or that there "may be" <br />navigable waters of the U.S. on the subject review area, and identifies all aquatic features in <br />the review area that could be affected by the proposed activity, based on the following <br />information: <br />