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® USGS NHO data, ❑ USGS 8 and 12 digit HUG maps. <br />❑ <br />U.S. Geological Survey map(s). Cite scale & quad name: <br />❑ <br />USDA Natural Resources Conservation Service Soil Survey. Citation: <br />® <br />National wetlands inventory map(s). Cite name: <br />❑ <br />State/Local wetland inventory map(s): <br />❑ <br />FEMA/FIRM maps: . <br />' <br />❑ <br />100-year Floodplain Elevation Is: (National Geodetic Vertical Datum of 1929) <br />❑ <br />Photographs: ❑ Aerial (Name & Date): <br />❑ <br />Previous determination(s). File no., date (and findings) of response letter (determination and coordination): <br />❑ <br />Other information (please specify): <br />' 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 <br />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, <br />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 <br />instance and at this time. <br />2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification <br />requiring "pre -construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not <br />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 <br />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 <br />an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could <br />possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual <br />permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit <br />authorization and thereby agree to comply with all the terms and conditions of that permit, Including whatever mitigation requirements the Corps has <br />determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes <br />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 <br />authorization (e.g., signing a proffered individual permit) or undertaking any activity In reliance on any form of Corps permit authorization based on a <br />preliminary JD constitutes agreement that all wetlands and otherwater bodies on the site affected In any way by that activity are jurisdictional waters of the <br />United States, and precludes any challenge to such jurisdiction in any administrative or judiclal compliance or enforcement action, or in any administrative <br />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 <br />is practicable, Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or Individual permit denial can be <br />' 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. <br />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 <br />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, <br />This preliminary JD finds that there "maybe" wafers of the United States on the subject project site, and Identifies all aquatic features on the site that could <br />be affected by the proposed activity, based on the information in this document, <br />IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later <br />lurlsdIctional determinations. <br />Slgnaful,e: <br />5- <br />Erin Legge, Regulato - R oject Manager Date <br />Person' Requesting Preliminary JD Date <br />I Permit applicant, landowner, a lease, easement or option holder, or Individual with Identifiable and substantial legal interest in the property; this signature is not required for <br />preliminary JDs associated with enforcement actions, <br />