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G. EXPLANATION OF PRELIMINARY AND APPROVED JURISDICTIONAL <br />DETERMINATIONS: <br />1. The Corps of Engineers believes that there may be jurisdictional waters of the United <br />States on the subject site, and the permit applicant or other affected party who requested <br />this preliminary JD is hereby advised of his or her option to request and obtain an <br />approved jurisdictional determination (JD) for that site. Nevertheless, the permit <br />applicant or other person who requested this preliminary JD has declined to exercise the <br />option to obtain an approved JD in this instance and at this time. <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 "pre - <br />construction notification" (PCN), or requests verification for a non- reporting NWP or <br />other general permit, and the permit applicant has not requested an approved JD for the <br />activity, the permit applicant is hereby made aware of the following: (1) the permit <br />applicant has elected to seek a permit authorization based on a preliminary JD, which <br />does not make an official determination of jurisdictional waters; (2) that the applicant has <br />the option to request an approved JD before accepting the terms and conditions of the <br />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 <br />conditions; (3) that the applicant has the right to request an individual permit rather than <br />accepting the terms and conditions of the NWP or other general permit authorization; (4) <br />that the applicant can accept a permit authorization and thereby agree to comply with all <br />the terms and conditions of that permit, including whatever mitigation requirements the <br />.Corps has determined to be necessary; (5) that undertaking any activity in reliance upon <br />the subject permit authorization without requesting an approved JD constitutes the <br />applicant's acceptance of the use of the preliminary JD, but that either form of JD will be <br />processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a <br />proffered individual permit) or undertaking any activity in reliance on any form of Corps <br />permit authorization based on a preliminary JD constitutes agreement that all wetlands <br />and other water bodies on the site affected in any way by that activity are jurisdictional <br />waters of the United States, and precludes any challenge to such jurisdiction in any <br />administrative or judicial 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 <br />approved JD or a preliminary JD, that JD will be processed as soon as is practicable. <br />Further, an approved JD, a proffered individual permit (and all terms and conditions <br />contained therein), or individual permit denial can be administratively appealed pursuarit <br />to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be <br />raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes <br />necessary to make an official determination whether CWA jurisdiction exists over a site, <br />onto provide an official delineation of jurisdictional waters on the site, the Corps will <br />provide an approved JD to accomplish that result, as soon as is practicable. <br />