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1) The Corps of Engineers believes that there may be jurisdictional aquatic resources <br />in the review area, and the requester of this PJD is hereby advised of his or her <br />option to request and obtain an approved JD (AJD) for that review area based on <br />an informed decision after having discussed the various types of JDs and their <br />characteristics and circumstances when they may be appropriate. <br />2) In any circumstance where a permit applicant obtains an individual permit, or a <br />Nationwide General Permit (NWP) or other general permit verification requiring <br />"pre-construction notification" (PCN), or requests verification for a non-reporting <br />NWP or other general permit, and the permit applicant has not requested an AJD <br />for the activity, the permit applicant is hereby made aware that: (1) the permit <br />applicant has elected to seek a permit authorization based on a PJD, which does <br />not make an official determination of jurisdictional aquatic resources; (2) the <br />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 <br />AJD could possibly result in less compensatory mitigation being required or <br />different special conditions; (3) the applicant has the right to request an individual <br />permit rather than accepting the terms and conditions of the NWP or other general <br />permit authorization; (4) the applicant can accept a permit authorization and <br />thereby agree to comply with all the terms and conditions of that permit, including <br />whatever mitigation requirements the Corps has determined to be necessary; (5) <br />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) <br />accepting a permit authorization (e.g., signing a proffered individual permit) or <br />undertaking any activity in reliance on any form of Corps permit authorization <br />based on a PJD constitutes agreement that all aquatic resources in the review area <br />affected in any way by that activity will be treated as jurisdictional, and waives any <br />challenge to such jurisdiction in any administrative or judicial compliance or <br />enforcement action, or in any administrative appeal or in any Federal court; and <br />(7) whether the applicant elects to use either an AJD or a PJD, the JD will be <br />processed as soon as practicable. Further, an AJD, a proffered individual permit <br />(and all terms and conditions contained therein), or individual permit denial can be <br />administratively appealed pursuant to 33 C.F.R. Part 331. If, during an <br />administrative appeal, it becomes appropriate to make an official determination <br />whether geographic jurisdiction exists over aquatic resources in the review area, <br />or to provide an official delineation of jurisdictional aquatic resources in the review <br />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 <br />"may be" navigable waters of the U.S. on the subject review area, and identifies all <br />aquatic features in the review area that could be affected by the proposed activity, <br />based on the following information: