HomeMy WebLinkAbout19970100 Ver 1_Complete File_19970218State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
e��
�EHNR
February 18, 1997
Brunswick County
DWQ Project # 970100
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
A. L. Morrison Construction Co.
P.O. Box 6400
Sunset Beach, NC 28470
Dear Sirs:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
material in 0.028 acres of wetlands or waters for the purpose of constructing a home at Lot 13, Block 40 -C
Sunset Beach, NC, as you described in your application dated 7 February 1997. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Number 3106.
This certification allows you to use Nationwide Permit Number 18 when it is issued by the Corps of
Engineers.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be
valid, you must follow the conditions listed in the attached certification and any additional conditions listed
below. Applicant is reminded that a deed restriction or conservation easement shall be placed on the
remaining wetlands on this lot to prevent future fill. The N.C. Division of Coastal Management in the
Wilmington Regional Office shall be contacted regarding any needed CAMA Permit. In addition, you should
get any other federal, state or local permits before you go ahead with your project including (but not limited
to) Sediment and Erosion Control, Coastal Stormwater, Non - Discharge and Water Supply Watershed
regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless
otherwise specified in the General Certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611 -7447. This certification and its conditions
are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919- 733 -1786.
r$i ely,
s on How , Jr.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Dorney
Central Files
Paul Farley; Land Management
970100.1tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919 -733 -1786 FAX # 733 -9959
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February 7 . 1997
Mr. John Dorney
Division of Water Quality
NC Dept. of Environment, Health
and Natural Resources
44401 Reedy Creek Road
Raleigh NC, 27607
Ad C)pm AM 2522
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Dear John: Q O' S'
Enclosed is a Nationwi a 18 ermit applicatio orrison Construction Company. The
application proposes to impact approximatery 0.28 acre.5of wetlands for the purpose of home
construction. The lots were plotted prior to �t boundaries prohibit construction without
fill. An approximately 50'x40' upland area is required to complete the waste treatment system
with associated setbacks.
Thank you for your assistance in this matter. If you have questions, please feel free to contact
me.
Sincer
Paul M. Farley
Wetland Scientist
Enclosure: 7 copies of application
cc: Michael Hosey, U.S. Army Corps of Engineers
Kim Tripp, U.S. Fish and Wildlife RECEIVED
Janet Russell, N.C. Division of Coastal Management
National Marine Fisheries Service rEB 1 Q 1997
Renee Gledhill Early, S.H.P.O
Mr. Al Morrison. EKVIRONMENIAISGIENOR9
Jim Gregson, D.W.Q. �"
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9701013
401 ISSUEC?
DEM III• CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 18
PRE - CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE: RECEIVED
1. NOTIFICATION TO THE CORPS OF ENGINEERS FEB 1 0 19971
2. APPLICATION FOR SECTION 401 CERTIFICATION
3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGENWAMSCIENC59
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE
OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE
SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET).
PLEASE PRINT.
1. OWNERS NAME: A.L. Morrison Construction
2. MAILING ADDRESS: P.O. Box 6400
Sunset Beach. NC 28470
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING
ADDRESS ABOVE): Lot 13. Block 40-C Sunset Beach NC. The lot is located on North Shore Drive West
at the intersection of North Shore Drive West and 29th Street
TELEPHONE NUMBER (HOME): (WORK): (910- 579 -7870
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Paul Farlev or Craia Turner c/o Land Management Grouo. P.O. Box 2522. Wilminsaton
NC 28402 (910) 452 -0001
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Brunswick NEAREST TOWN OR CITY: Sunset Beach
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
Lot 13. Block 40C. Sunset Beach NC. Lot is located at the on the north side of the intersection of North,
Shore Drive West and 29th Street
6. IMPACTED OR NEAREST STREAM/RIVER: Atlantic Intercoastal Waterwav
RIVER BASIN: Little River
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA),
HIGH QUALITY WATERS (HOW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY
(WS -I OR WS -II)? YES [x) NO a IF YES, EXPLAIN:
The project boundary is near the intercoastal water way SA waters
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [x ]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? Zoned single family
residential by the town of Sunset Beach
6 ,
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO [x] IF YES, PROVIDE ACTION ID NUMBER OF PREVIOUS PERMIT AND
ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES [ j NO [ x] IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF Land 0.20 acres
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
0.14 acres
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0.028 acres EXCAVATION:
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0.028 acres
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): N/A
LENGTH BEFORE: FT. AFTER: FT.
WIDTH BEFORE (based on normal high water contours): FT.
AVERAGE DEPTH BEFORE: FT. AFTER: FT.
(2) STREAM CHANNEL IMPACT WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N/A
WHAT IS THE EXPECTED POND SURFACE AREA? N/A
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACHED PLANS: 8'f" X 11" DRAWINGS ONLY):
The Droposed work will allow for home construction and comDletion. Work will be done to countv building
code specifications
13. PURPOSE OF PROPOSED WORK: To allow for residential construction of a house.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
Tract boundaries orohibit home comDletion without wetland imDacts. An aDDroximately 40'x50' uDland area
is reauired for the comDletion of a seDtic system and associated setbacks. Therefore the enclosed site Dian,
is or000sed. A silt fence will be installed alona the wetland/filled wetland line to Drevent erosion into the
non - impacted wetland area.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS)
AND /OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET)
REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING
ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY
BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED:
mailed application 2/7/97 (ATTACH RESPONSES FROM THESE AGENCIES.)
I
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED: mailed application 217/97
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [ ] NO [x] (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [ ] NO [ ]
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES[ ] NO[ ]
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE
WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA
27603 -8003, TELEPHONE (910) 733 -6369.
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29 AND 38). ALL
STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP.
MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR
EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?
Zoned sinole family residential by Town of Sunset Beach
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
On -site waste treatment system desioned to NC DEHNR saecifications
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL
MANAGEMENT (WATER QUALITY) CERTIFICATION, AND,
3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA
DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH
THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM.
1
OWNER'S // /AGENT'S SIGNATURE
Paul M. Farley
Wetland Scientist
Land Management Group, Inc.
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
ATE
AUG 12 196 15:09 A.L.MORRISON CONSTRUCTION 919 579 2239 TO: P@1
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I \We, the =de,sigr_ed, hearby authorize Land Management Croup,
Inc. as agents for 404 wetlands permit work on the property
listed in the enclosed pernit application. band Management Group,
Inc. should be contacted with any questions regarding this permit
application.
Signed :•k ,)'` �-
Date IP^ 14
08/14/96 09:14 TX /RX N0.1160 P.001 0
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INTRACOASTAL WATERWAY MARSH
SITE
Lot 13,
North Shore Drive West
Sunset Beach
Brunswick County, NC
NOT TO SCALE
LAND MANAGEMENT
GROUP, INC
January 29, 1997
NWP 26 Request
Vicinity Map
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Lot 13, Block 40-C
Sunset Beach
Brunswick County, NC
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NOT TO SCALE
LAND MANAGEMENT
GROUP, INC
February 6, 1996
NWP 18 Request
Vicinity Map
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Lot 13, Block 40-C
Sunset Beach
Bladen County, NC
11
LAND MANAGEMENT
GROUP, INC
February 6, 1997
I
SCALE 1" = 2000'
NWP 18 Request
7.5 Minute Quad
USGS Topo Map
Little River Quad
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Lot 13, Block 40-C
Sunset Beach
Bladen County, NC
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LAND MANAGEMENT
GROUP, INC
February 6, 1997
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LAND MANAGEMENT GROUP, INC.
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
II i
Project/site: LOTS T2 & 13, BLOCK 40 —C
Applicant /Owner: AL MORRISON
Investigator: TURNER
Do Normal Circumstances exist on the site? P..-S No
Is the site significantly disturbed (Atypical Situation)? o�
Is the area a potential Problem Area? Yes 00
(if needed, explain on reverse.)
Pag e 1 of 2
Date: 08/15/96
County: BRUNSWICK
State: NC
Community ID: Wetland
Transect10:
Plot ID:
VEGETATION
Wetland Hydrology Indicators:
Dominant Plant Species
Stratum
Indicator
Dominant Plant Species
1. Baccharis halimifolia
Shrub
FAC
9.
i
112. Myrica cerifera
Shrub
FAC+
10.
3. Juncus roemeranus
G. Cover
OBL
11.
4. Spartina patens
G. Cover
FACW
12.
5. Toxicodendron radicans
W. Vine
FAC
13.
6. Typha augustifolia
G. Cover
OBL
14.
7. Smilax rotundifolia
W.Vine
FAC
15.
8.
I
16.
I
Percent of Dominant Species that are
OBL, FACW or FAC
(excluding FAC —)
100 percent
Remarks:
Greater than 50 percent of the dominant species are OBL. FACW, or FAC.
Stratum Indicator
HYDROLOGY _
Wetland Hydrology Indicators:
Recorded Data (Describe in Remarks):
Primary Indicators
Stream,Lake, or Tide Gauge
_Aerial Photographs
_Inundated
X Saturated in Upper 12 Inches
Marks
_Other
X No Recorded Data Available
_Water
X Drift Lines
Sediment Deposits
X Drainage Patterns in Wetlands
Feld Observations:
Secondary Indicators (2 or more required):
Oxidized Root Channels in Upper 12 inches
Depth of Surface Water: N/A (in.)
X Water— Stained Leaves
X _Local Soil Survey Data
Depth to Free Water in Pit: <_ 12 (in.)
FAC— Neutral Test
__
Other (Explain in Remarks)
Depth to Saturated Soil: < 12 (in.)
Remarks:
Primary and secondary wetland hydrology indicators were observed.
SOILS
Proiect /Site: LOTS 12 & 13. BLOCK 40 —C
Paqe 2 of 2 wetland
Map Unit Name
I
(Series and Phase):Duckston
Drainage Class: vpd
Field Observations
Taxonomy (Subgroup):Typic Psammaquent
Confirm Mapped Type?
Yes No
Profile Description:
Depth
Matrix Color
Mottle
Texture Concretions ,
(inches) Horizon
(Munsell Moist)
Abundance /Contrast
Structure, etc.
Ls; v. fr; weak
0-12 A
10Y 4/1
—
med. gr. structure
sand;s. grained; loose
12-20 CG1
10YR 6/2
—
clear wavy boundary
Hydric Soil Indicators:
_Histosol
_Histic Epipedon
Sulfidic Odor
X Aquic Moisture Regime
X Reducing Conditions
X Gleyed or Low — Chroma Colors
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes No (Circle)
Wetland Hydrology Present? Yes No
Hydric Soils Present? Yes No
Remarks:
Wetland line flagged in pink /black ribbon.
OWNER'S NAME:
AL MORRISON
418 33rd ST.
SUNSET BEACH, NC
28468
910 - 579 -9720
_Concretions
_High Organic Content in Surface Layer in Sandy Soils
Organic Streaking in Sandy Soils
X Listed on Local Hydric Soils List
Listed on National Hydric Soils List
Other (Explain in Remarks)
(Circle)
Is this Sampling Point Within a Wetlan . Yes No
Approved by HOUSACE 3/92
Land Management Group, Inc.
Post Office Box 2522
Wilmington, N.C. 28402
0- 452 -0001
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LAND MANAGEMENT GROUP, INC.
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Paae 1 of 2
Project/Site: LOTS 12 & 13, BLOCK 40 —C
Applicant /Owner: AL MORRISON
Investigator: TURNER
Do Normal Circumstances exist on the site?
Is the site significantly disturbed (Atypical Situation)?
Is the area a potential Problem Area?
(If needed, explain on reverse.)
VEGETATION
Date:
Dominant Plant Species
Stratum
i
1. Baccharis halimifolia
Shrub
2. Myrica cerifera
Shrub
3. Juncus roemeranus
i
G. Cover
4. Spartina patens
G. Cover
5. Toxicodendron radicans
W. Vine
6. Typha augustifolia
G. Cover
7. Smilax rotundifolia
W.Vine
i8.
r
Dominant Plant Species
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC —)
9.
Remarks:
FAC+
1HYDROLOGY
100 percent
Greater than 50 percent of the dominant species are OBL, FACW, or FAC.
_Recorded Data (Describe in Remarks):
Stream,Lake, or Tide Gauge
_Aerial Photographs
_Other
X No Recorded Data Available
Field Observations:
Depth of Surface Water: N/A (in.)
Depth to Free Water in Pit: < 12 (in.)
Depth to Saturated Soil: < 12 (in.)
Wetland Hydrology Indicators:
Primary Indicators
_Inundated
X Saturated in Upper 12 Inches
_Water Marks
X Drift Lines
_Sediment Deposits
X Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
_Oxidized Root Channels in Upper 12 inches
X Water — Stained Leaves
X Local Soil Survey Data
_FAC — Neutral Test
_Other (Explain in Remarks)
Remarks:
Primary and secondary wetland hydrology indicators were observed.
Date:
08/15/96
County:
BRUNSWICK
State:
NC
Ye No
Community ID:
Wetland
es o
TransectID:
Yes o
Plot ID:
Indicator
Dominant Plant Species
Stratum Indicator
FAC
9.
FAC+
10.
OBL
11.
FACW
12.
FAC
13.
OBL
14.
FAC
15.
16.
100 percent
Greater than 50 percent of the dominant species are OBL, FACW, or FAC.
_Recorded Data (Describe in Remarks):
Stream,Lake, or Tide Gauge
_Aerial Photographs
_Other
X No Recorded Data Available
Field Observations:
Depth of Surface Water: N/A (in.)
Depth to Free Water in Pit: < 12 (in.)
Depth to Saturated Soil: < 12 (in.)
Wetland Hydrology Indicators:
Primary Indicators
_Inundated
X Saturated in Upper 12 Inches
_Water Marks
X Drift Lines
_Sediment Deposits
X Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
_Oxidized Root Channels in Upper 12 inches
X Water — Stained Leaves
X Local Soil Survey Data
_FAC — Neutral Test
_Other (Explain in Remarks)
Remarks:
Primary and secondary wetland hydrology indicators were observed.