20080983 Ver 1_Application_20080617

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STATE OF NORTH CAROLINA
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DEPARTMENT OF TRANSPORTATION -Mv
MICHAEL F. EASLEY DIVISION OF HIGHWAYS W. LYNDO TIPPETT
GOVERNOR SECRETARY
June 13, 2008
U. S. Army Corps of Engineers o80983
Asheville Regulatory Field Office Attention: Mr. Steve Lund, MS, PWS
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Subject: Secondary Road Improvements to SR 1553 (Brent Haigler Road), Union County.
WBS Element Number 10.C090030 (DWQ Minor Permit Fee $240.00).
Dear Mr. Lund:
The North Carolina Department of Transportation (NCDOT) proposes to upgrade SR 1553
(Brent Haigler Road) in Union County from an unpaved roadway to a paved roadway. The total
project length is 1.12 miles.
Transportation and highway laws of North Carolina (G.S. 136-44.6, 136-44.7, 136-44.7A, 136-
44.8 and 136-44.9) require the NCDOT to develop annual work programs for construction and
maintenance of secondary roads. These general statutes specifically set forth requirements for
annual construction and paving of existing unpaved roads. Paving of these roads is performed in
priority order as established by the NCDOT for each unpaved road within a given county. This
number is based on characteristics of each road, including number of homes, schools, churches,
businesses, industries, recreational facilities, traffic counts, presence of school bus routes, and
value as a thoroughfare. Brent Haigler Road is scheduled for paving in the 2008-2009 Secondary
Roads Construction Program.
Protected Species
The subject project has been reviewed for the presence of listed threatened and endangered
species. While the project does drain to Duck Creek, federally designated critical habitat for the
Carolina heelsplitter (Lasmigona decorata), we believe that the construction of this project will
have "No Affect" on the Carolina heelsplitter.
Other Federally Protected Species listed for Union County include Michaux's sumac (Rhus
michauxii) and Schweinitz's sunflower (Helianthus schweinitzit). A two-person hour survey for
both species was conducted on June 9, 2008 by NCDOT biologists and no individuals were
identified. A Biological Conclusion of "No Affect" was rendered for both species.

716 West Main Street, Albemarle, NC 28001 • [phone] • Fax [phone]
Impacts to Waters of the United States
This project cannot be completed without impacts to waters of the United States. This project is
located within the Yadkin River Basin (Hydrologic Unit # 03040105) and would impact an
unnamed tributary to Goose Creek. There will be approximately 14 linear feet of permanent
impacts to the existing intermittent stream channel as a result of the proposed construction.
Avoidance/Minimization
The proposed impacts to the jurisdictional areas on this project have been minimized as much as
practical. NCDOT's best management practices for the protection of wetlands and surface
waters will be applied during all phases of project construction in an effort to eliminate any
further impacts.
Summary
The purpose of this letter is to request authorization to construct the proposed project under
Section 404 Nationwide Permit (NWP) 14. Application is also made to the North Carolina
Division of Water Quality (NCDWQ) for Section 401 Water Quality Certificate (WQC) No.
GC3704 that is required for this project.
If you have any questions or need any additional information concerning this project, please feel
free to contact Mr. Larry Thompson, Division Environmental Supervisor, at [phone].
Sincerely,

Barry S. Moose, PE
Division Engineer
BSM/LBT
cc: John Dorney, NCDWQ
Polly Lespinasse, NDWQ
Troy Wilson, USFWS
Marla Chambers, NCWRC
David Gillette, CUE
Area Field Operations Unit
File
2
SR 1553 (Brent Haigler Road)
Union county
Office Use Only: Form Version March 05
USAGE Action ID No. DWQ No. 2 0 8 0 9 8 3
(If any particular item is not applicable to this project, please enter "Not Applicable" or "Al/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section. VIII,
and check here:. ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
H. Applicant Information
1. Owner/Applicant Information
Name: Bann Moose P. E.
Company Affiliation: Division Engineer
Mailing Address: N. C. Department of Transportation.
716 West Main Street
Albemarle NC 28001
Telephone Number: [phone] Fax Number: (704 982-3146
E-mail Address: bmoose@,dot.state.nc.us
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Barry Moose P. E.
Company Affiliation: Division Engineer
Mailing Address: N C Department of Transportation
716 West Main Street
Albemarle. NC 28001
Telephone Number: [phone] Fax Number: (7041982-3146
E-mail Address: bmoosenadot.state.nc.us
Page 1
SR 1553 (Brent Haigler Road)
Union County
M. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
howndaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so Iong as the property is clearly defined. For administrative and distribution purposes, the
USAGE requires information to be submitted on sheets no larger than Ii -by 17-inch If-Onnat;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
ra:.ings rather -t1i an a sew 'en-- sheet version of the t..ll-s.ze plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant vvill be informed that
tlia nrn:at•t has been placed on hold until decipherable man are provided.
fv?... r.?....
1. Name of project: SR. 1553 (Brent Hailrler Road) Union County
2. T.I.P. Project Number or State Project Number (NCDOT Only): WBS # 10.109011
3. Property Identification Number (Tax PIN):
4. Location
County: Union Nearest Town: Fairview
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From the intersection of
US 601 and NC 218 ?av'el vv'est on NC 21 R .3 miles to the inte"soot.^n of l.Tr 115,2 and S
155,3 (Brent Haialer Road).
cite eoorc+.nates ffi r linear prppects. such as a road or utility i.ne. attach a sheet that
Ceparately lists the coordinates for each crossing of a distinct waterb )dv.1
ilr ritual i 5aanaae !A di-Yitc mi im 2
11m ?S 1 Qdd70 S
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5. Property size (acres):
6. Name of nearest receiving body of water: Goose Creek
?. R?.ver Basin: Yadkin r1-lvdrolog.c Unit 03040105)
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 2
SR 1553 (Brent Haigler Road)
Union County
8. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: SR 1553 Brent Hai er Road) is an unpaved secondary road
in Union County that serves a single family residence and at least three business operations
The general land use is primarily for agricultural purposes
9. Describe the overall project in detail, including the type of equipment to be used: The
project consists of grading Brent Haigler Road, building a new base and paving the roadway
The work area will be cleared as needed and erosion control measures installed. There is a
iurisdictional stream crossing located at Sta. 29+83 that needs to be upgraded from a 24" x
36' reinforced concrete Dine (RCP) to a 36" x 50' corrugated metal pipe (CMP) The
following eauipment will be required in order to construct this prolect: trackhoe gcder
dump trucks, vibratory roller and paving_equipment
10. Explain the purpose of the proposed work: The purpose of the proposed work is to hnprove
the level of service of SR 1553 Brent Hai er Road) in order to support the business
operations that use this road.
IV. Prior Project History
if jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDO T project,
list and describe permits issued for prior segments of the same T.I.P. project, along W;th
construction schedules. N/ A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables beln xxr (e n culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed. and must be labeled and clearly ;dentiliahie na an
accompanving site plan. All wetlands and waters, and all streams (intermittent and perer?ial)
Sl;n:xn: on a neat.^n Mar). urhetfher nr not umna?tS are proposed to these SVStPms
Wetland and stream evaluation and delineation forms 1 should be included as aop_rorr-ate:
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
Page 3
SR 1553 (Brent Haigler Road)
Union County
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: There will be 14 feet of permanent
impacts as a result of this project being constructed.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property:
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma
Stream Name
Type of Impact
Perennial t
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
Replace
Sta. 29+83 UT to Goose Creek 36' x 24" RCP Intermittent Approx. 3 Feet 14 Feet .0009
with a
50'x 36" CUT
Total Stream Impact (by length and acreage) .0009
Page 4
SR 1553 (Brent Haigler Road)
Union County
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
indicate on m
(' ) Name of Waterbody

( applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,

ocean, etc.) Area of
Impact

(acres)

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): .0009
Wetland Impact (acres): N/A
Open Water hn act (acres): N/A
Total Impact to Waters of the U.S. (acres) NIA
Total Stream Impact (linear feet): 14 Feet
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected. pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
Page 5
SR 1553 (Brent Haigler Road)
Union County
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The proposed stream impacts
have been limited to that which is necessary in order to reestablish a shoulder slope that can be
properly stabilized. The current crossin d? oes not have stable shoulder slopes Elevations have
been recorded for the existin pipe as well as the ro osed re lacement i in an effort to
minirr?. stream destabilization upon the installation of the new CMP The exist n avel base
averages 20 feet in width and the nLoposed paved roadway width is the same width
With the current post-construction rules that are in effect for Union County the NCDOT does
not anticipate nesative impacts to Goose Creek as a result of this project being constructed
Surface waters not affected by the construction of this project will be protected from unnecessary
encroachment. The staging of construction equipment will not be allowed in or near
jurisdictional stream crossings. Sediment and erosion control devices will be monitored and
maintained during all phases of project construction
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse erects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stn-ngide.html
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
Page 6
SR 1553 (Brent Haigler Road)
Union County
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Any requests received for mitigation will be routed through the NC Ecosystem Enhancement
Proaram.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. . Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ?
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No Z
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
Page 7
SR 1553 (Brent Haigler Road)
Union County
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No 0
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
*
Zone Impact
(square feet)
Multiplier Required
Mitigation
1 3 (2 for Catawba)
2 1.5
Total
{ none 1 extends out 30 feet perpendicular from the top of the new bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater
controls proposed in order to protect surface waters and wetlands downstream from the property. If
percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed
imperviouslevel. The existing gravel base averages 20 feet in width and the proposed paved roadwav
width is the same. There will be not be an increase of impervious area as a result of this project being
constructed
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (nonrdischarge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
X 11H. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes El No
Is this an after-the-fact permit application? Yes ? No
Page 8
SR 1553 (Brent Haigler Road)
Union County
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
htt2://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
June 10, 2008
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9
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APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section W of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish/borough: Union City: Fairview
Center coordinates of site (lat/long in degree decimal format): Lat. 35.139+147° N, Long. -80.544316° W.
Universal Transverse Mercator:
Nance ofnearest waterbody: Goose Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Goose Creek
Name of watershed or Hydrologic Unit Code (HUC): Yadkin (Hydrologic Unit 03040105)
Check if map/diagram of review area and/or potential jurisdictional areas islare available upon request
Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date: June 5, 2008
Field Determination. Date(s): June 9, 2008
SECTION H-. SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Pick Lisi "navigable waters of the U.S. within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Xequireal
Waters subject to the ebb and flow of the tide.
Q Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area.. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): '
? TNWs, including territorial seas
Wetlands adjacent to TNWs
® Relatively permanent waters (RPWs) that flow directly or indirectly into TNWs
Non-RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
Impoundments of jurisdictional waters
[l Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: 60 linear feet: 3 width (ft) and/or acres.
Wetlands: 0 acres.
c. Limits (boundaries) of jurisdiction based on: Established by OHWM.
Elevation of established OHWM (if known):Unknown.
2. Non-regulated waters/wetlands (check if applicable):3
[Q Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
' Boxes checked below shall be supported by completing the appropriate sections in Section III below.
x For purposes of this form, an RPW is defined as a tributary that is not a TidW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentation is presented in Section III.F.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section IMA.1 and Section IH.D.L only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections IIIA.1 and 2
and Section III.D.1.; otherwise, see Section III.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is ,adjacent':
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i e. tributaries that typically flow year-round or have continuous flow at least seasonally (e g„ typically 3
months) A wetland that directly abuts an RPW is also jurisdictionaL If the aquatic resource is not a TNW, but has year-round
(perennial) flow, ship to Section III D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section HLDA.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water; even
though a significant nexus finding is not required as a matter of law.
If the waterbodyl is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines; for
anAytkal numosea the tributarv and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributarv. or its adiacent wetlands. or both. If the.ID covers a tributary with adiacent wetlands- complete Section 111.13.1 for
tt.o tribntarv Carfinn ll i R 3 for env ensito wntl-nd an.l Qnrtinn III R I ;"rail watlanda attiarpnt to that t»bntarv (anfFe nncitg
and offsite. The determination whether a significant nexus exists is defermv_nort rn Cgrtinn lit r h-e--.
Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) general Area Conditions:
Watershed size: 27,045.7 acres
Drainage area: 148 acres
Average antlual rainfall: 15.65 inches
Average annual snowfall: 0 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
® Tributary flows directly into TNW.
? Tributary flows through Pick List tributaries before entering TWW.
Project waters are I (or less) river miles from TNW.
Project waters are Pick List river miles from RPW.
Project waters are Pick List aerial (straight) miles from TNW.
Project waters are Pick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWs: RPW flows directy into Goose Creek (TNW).
Tributary stream order, if known: 1-.
° Note that the Inshuctional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
5 blow route can be described by identifying, a g, tributary a, which flows through the review area, to flow into tributary b, which their flows into TNW.
(b) General Tributary Characteristics (check all that anpW:
Tributary is: ® Natural
? Artificial (man-made). Explain:
® Manipulated (man-altered). Explain: Impacted by agricultural activities.
Tributary properties with respect to top of bank (estimate):
Average width: 3 feet
Average depth: 1 feet
Average side slopes: 2:1.
Prim tributary substrate composition (check all that apply):
Silts ® Sands ? Concrete
® Cobbles ? Gravel ? Muck
® Bedrock ? Vegetation. Type/% cover:
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Highly eroded.
Presence of run/rif21e/pool complexes. Explain: Run/riffle/pool complexes not easily visible.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 3 %
(c) Flow:
Tributary provides for: Intermittent but not seasonal flow
Estimate average number of flow events in review area/year: 11-20
Describe flow regime: Tributary flows during winter/spring months.
Other information on duration and volume;
Surface flow is: Overland sheetflow. Characteristics:
Subsurface flow: Unknown. Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
Bed and banks
OHWM6 (check all indicators that apply):
? clear, natural line impressed on the bank ?
changes in the character of soil ?
? shelving ?
vegetation matted down, bent, or absent ?
? leaf litter disturbed or washed away
® sediment deposition
? water staining ?
? other (list):
? Discontinuous OHWM.7 Explain:
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
High Tide Line indicated by: [] Mean High Water Mark indicated by:
? oil or scum line along shore objects ? survey to available datum;
fine shell or debris deposits (foreshore) ? physical markings;
? physical markings/characteristics ? vegetation lines/changes in vegetation types.
? tidal gauges
? other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain: No flow evident during recent visit but soils in the bottom of the bed are damp enough to support the growth of
algae.
Identify specific pollutants, if known:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground,. or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break
'ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
? Riparian corridor. Characteristics (type, average width):
? Wetland fringe. Characteristics:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
Aquatic/wildlife diversity. Explain findings:
Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Pick List. Explain:
Surface flow is: Pick List
Characteristics:
Subsurface flow: Pick List. Explain findings:
? Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
? Directly abutting
? Not directly abutting
? Discrete wetland hydrologic connection. Explain:
? Ecological connection. Explain:
? Separated by benn/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the Pick List floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
? Riparian buffer. Characteristics (type, average width):
? Vegetation type/percent cover. Explain:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick List
Approximately ( ) acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/l) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Raparnos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section I11.1): .
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERSIWETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
El TNWs: linear feet width (ft), Or, acres.
El Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial:
Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally: Tributary is known to flow seasonally from previous site visits. Tributary also shows up on USGS quad maps and
NRCS soil survey for Union County.
Provide estimates for jurisdictional waters in the review area (check all that apply):
2 Tributary waters: 4386 (60 feet in project area) linear feetl - 4 width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
Q Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section II .C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
} Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section RIB and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
[Q Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
Demonstrate that impoundment was created from "waters of the U. S.," or
? Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
? Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):"
d which are or could be used by interstate or foreign travelers for recreational or other purposes.
from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
which are or could be used for industrial purposes by industries in interstate commerce.
0 Interstate isolated waters. Explain:
Other factors. Explain:
8See Footnote # 3.
9 To complete the analysis refer to the key in Section 111.13.6 of the Instructional Guidebook.
19 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Judsdk&n FoHowing Rapanos.
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
? Tributary waters: linear feet width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
Wetlands: acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
? Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
? Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
? Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
Data sheets prepared/submitted by or on behalf of the applicant/consultant.
? Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.
Data sheets prepared by the Corps:
Corps navigable waters' study:
? U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
® USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000 - Midland.
USDA Natural Resources Conservation Service Soil Survey. Citation: Union County - January, 1996.
? National wetlands inventory map(s). Cite name:
State/Local wetland inventory map(s):
? FEMA/FMM maps:
100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date): Union County GIS Tile 5530 - 2004.
or ? Other (Name & Date):
? Previous determination(s). File no. and date of response letter:
Applicable/supporting case law:
Applicable/supporting scientific literature:
Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:
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