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HomeMy WebLinkAbout20130765 Ver 2_Site Plan_20140127APPROVED 3URISDICTIONAL DETERMINATION FORM U.S. Army Corps of Enj,#neers, This forn) should be completed by lJollowing tile instructions provided in Section IV of theJI) Forut Instructional Guidebook. SECTION 1: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDicTIONAL DETERMINATION (JD): 1110/13 EL DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMA710M Stdte!NC Craven City. Township 97 Center c(x)t-ditaatLNot'site(latAoitgitidegrLv&-ciiittilf'oniii,il): 1.4it.35.t1541'N,I,(j[ig -77 01)040W, UniversalTransver-o. Mercator Name of ncart-.it waterbody: Reedy Branch Name of nearest'l"Taditional Navigable Water (TNW) into which the aquatic resource flows: Itcedy Branch Name of %vatcrshW or I lydrologic Unit C(xlc (I IUQ: 03020204 Check il'other sites (e.g., offisite untigalion sites, disposal si[LN, dc...) are amA).iated with this action mid are recorded can as diffierent JI) form, D. REVIEW PERFORMED FOR SITE EVAI,UA'FION((tiECK ALL 'rilA,r APPLY): Office (Desk) Detennination. Date: FieldIXI-ternrination, Date(s).8/19/13„818/2(V]3, 8/22113,9013,10129/13 SECTION If: SUMMARV OF FINDINGS A. RIIA SECTION 10 DETERMINATION OF JURISDICTION. There Are no "navigable waters of the (4& " within Rivers- and I larbors, Act (R IA) jurisdiction (as defined by 33 Clap, part 329) in the review area. [Requiml] Cj Waters subject to the ebb and flow of the tide. 0 Waters are presently nsLd, Or have bVecri used in the 1xist, or may be susceptible lbr rise to transport intLrstatcor foreign commerce, Explain: B, CWA SECTION 404 DETERMINATION OF JURISDICTION. 11wrc Are no "waters qj,die US." within cleall Watcr Act (CWA) jurisdiction (as definW 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): 0 TNWs, including territorial scas El Wetlands adjacent toTNWs, El Relatively pennanent wawrs2 (RI'Ws) that flow directly or indirectly intoTNWs E] Non-RPWs that flow directly or nuliTectly intoTNWs El WetlaruLs directly atanfing RI)Ws that flow directly or indirectly intoTNWs, El Wetlands adjacent to but not directly abutting RI)Ws that flow directly or indirectly into'INWs E] Wetlands adjacent to non-R,11%, that flow directly or indirectly intoTNWs, E3 Impoundments o1jurisdicfional waters Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (emstjmate) six orwaters of the U.S. in the review area: Non-wetland waters: liticar feet width (fl) andlor acres. Wedluids'- acres, c. Limits (boundaries) of jurisdiction Need ow Pick ust IiIcvation of establLshal Of IWM (if known): 2. Non-regulated waters /wetlands (check if applicable)? el llt)tciitiijllyjtiri.,xiiefiotiaiI waters and/or wetlands were assessed within lite review area and detennined to N- notjuriidictional. Explairy Tire nine wetland areas identified on this site am, found in natural depressions and have been found to have no hydrological connection to each other or to "waters of the US". The wetlands were founf to be isolated; thercrom round to be non -jurisdictional. 1 Mus diccked below shill be supported by completing the approlgialc scdiong in Section III bolow, 'For purposes of this lonn, an RIIW is defined as as trilmuiry that is not a'I*NW and (Nit typically Ilows year-round or has continuous flow at lewd "StAsonally" r'v IV IvnivAIV 1 "InC1010 SECTION Ill: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to *I'NWs. If the aquatic resource is as TNW, complete Section IILAA and Section 1ILD.I. only; if the aquatic resource is awelland adjacent to a TNW, complete Sections, TILAA and 2 and Section 111D. I.; otherwise, see Section [H.B below. 1. TNW ldentify'INW: Stunmariz& ratiotude sulTxnting detenninatiorr: Weiland adjacent to TNW Surrunarizk- rationale supporting conclusion that wetland is "adjaccttf": K 01ARACTERISTICS 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 Rolmnos have been met The agencies will assert jurisdiction over nou-navigatile tributaries of TNWs whem 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. Tr the aquatic re-source is not a TNW, but has year-round (perennial) How, skip to Section M.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section 11I.D.4. A wetland that is adjacent to but that does not directly abut an RPW requirLs a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existerim- 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 waterbody4 is not an RPW, or a wetland directly abutting an RPW, aJD 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 analytical purposes, the tributary and all of its adjacent wetlands Is used whether the review area identified in the JD request is the tributary, or Its adjacent wetlands, or both. If the JD covers tributary with adjacent wetlands, complete Section III.B. I for the tributary, Section 111.112 for any onsite wetlands, and Section 11I.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.0 below. Characteristics of non-TNWs that flow directly or indirectly into TNW (I) General Area Conditions- Water%beci Size: Pick List Dminage area: Fick'List Average arinual rainfid]: inclies, Average annual snowfall- inches (H) Physical Characteristics: (it) l?e1alionshinwith TNW-. Fl Tributary flows, directly into TNW. rl Tributary flows through Pick List tributaries before entefingTNW. Prej L%t waters are Pick List river miles from TNW, Project widers, are Plekilsi river miles from RPW. Project waters, are Pick fist aerial (straight) rnikN- froruTNW. Project %watersare Pick List aerial (.straight) miles, from MIW Project waters croons or serve as state boundaries, Explain: Identify flow route to'I-NW": f-ributary strea, rn order, if knolvn: 'Note that the Imanictional Cuidebook contains additionzal inFormatim regarding swales, diwhes,wasbc%, and crosional Features gencrally anal in the afid west. ' Mow route can be dcuribed by idLritirying, c.&, tributary a, which flows through the review area, to flow into tritmary b, which t1wrt flows into TNW. (b) C,!gllcnil'trilxitairvCharacteristig,,iLqhq L(,hy_t_qpp_]yj.. Tributary is: Natural Artificial (titan-niade), Explain: F-1 Manipulated (man-allered). Explain: Tributary properties with respect to top of bank (csfirnatc): Average width: feet Average depth: feet Average side slopes: Pick 'Llist. F'rinuiry tributary substrate composition (check all that apply): El silts Q Saruls ❑ Concrete El Cobbles ❑ Gravel El Muck El I ic*ock E]Vcgetation. TypeA/o cover: El Other. Exphtin: Tributary condition/stability [c. g,, highly croding, sloughing banks]. Explain: 1'resence of nin/riffle/pool complexes. Explain 'I'libiltUry geornetry: Pic ;List Tributary gradient (approximate average slopc): % (c) ljow: Tributary provides for: Pick, List E'stunate average number of flow events in review areafycar. Pick List. Descrit-me flow reginte: Other intbrniation on duration and volunic: Surface flow is- Pick Ust. Characteristics: Subsurface flow. Pick List. ENplain findings: [I Qye (or other) test perfornimL Tributary has (check all that apply): ❑ Bed and banks 0(dl ,IWM 6 (check all indicators that apply): n clear, natural line imptesset! on the 1xink ❑ the presence of litter and debris ❑ changes in the character of soil ❑ destruction of terrestrial vegetation ❑ shelving [I the presence of Nmick line n vegetation niatted down, bent, or ab-Anit ❑ sediment sorting ❑ le at' latter disturbed or washed away scour 0 sediment dLIK)sition ❑ multiple observed or predicted flow events water staining ❑ abrupt change in plant community other (list): r_1 Discontinuous OFIWM.7 Explaill: If factors other dian the OHWM %Nerc used to detertnine lateral extent of CWA jurisdiction (check all that apply): I lighTide Line indicated by: ❑ Mcan Iligh Water Mark indicated by: E] oil or scum line along shorc ob.iccts ❑ survey to available datuin; 0 line shell or debris deposits (foreshore) ❑ physical inarkings; [:1 physical ruarkingstcharacteTistics ❑ vegetation lines/changes in vegetation types. 0 tidal gauge-, El other (list): (iii) Chemical Characteristics: Clutracterize tributary (e.g., water color is clear, discolorLA, oily film; water qwdity; general watershed characteristics, etc.), F'Xplahv Identify specific pollutants, if known: 'A natural or rnan-nut dc discontinuity in the OHWM does not necessarily sevcrjuri�idiclion (eg., where the stream temporarily flows undergotutd, or where the OHWM his been ret roved by (tevelopnient or agricultural pnictices). Where there is break- intlic OHWNI that iSUflTd1tW to UIC Waterbody's flow regjmc(e.g., flow over a rock outcrop or through a culvert), the abtencies will kwA for indicatom orflow above and below The break. 'Ibid. (iv) Biologftal Characteristics. Channel supports (check all that apply). ❑ Riparian corridor. Characteristics (type, average width)-. Wetland fringe. Ckaracteristics. Habitat fbr: ❑ Federally Listed qxTie& Explain findings - El Fish/spawn areas. I xplain findings: 0 Other Eq)lainfindings; El Aquatictwildlitic divmsity. Emplain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics - (a) Genen.11 Wetland Characteristics,. Properties: Wetland size: acres Wetland type. Explujiv Wetland quality. Explaiw I'Miect Nvetlart& cross or stive as state boundaries. Explaiw (b) Q neral llow-lZclatioiisliijLNki!laN(ill--rNW: Flow is: Pick List. Explain: Surface flow is: Pick List Characteristics: Subsurface flow- PlckUjt- Explain findings-, ❑ Dye (or other) tcst perforined: (c) Y gtland Adjacency Dcternurptiou %ith Non. INW: El Directly abutting ❑ Not directly abutting [J' Discrete wethuid, hydrologic connection. Explain: ❑ Ecological connMion, Explain: El Separated by k-nnfixa-tier. Explain: (d) R�elationshi tai ,'YNW Project vwflands are PickUst river milt--s from TNW. Project waters are Pick List acrial (straight) miles tioniTNW. Flow is froln: Pick List~ Estimate approximate location of)velland as vithin the Pick List floodplain. (if) Chemical Characteristics* Characterize wedand System (C.g,, Water color is clear, brown, oil fibn (,)a surface; water quality; general watershed characteristics; etc.). Exploiw Identify specific pollutants, if knoww (M) Biological Characteristics. Wetland supports, (check all that apply). Rijuirian buffbi. Characteristics (type, average width);: Vegetation type/percent cover. Lxjilain: ❑ I labitat for- El Federally Usted species. Explain Findings: [I Fish/spawn areas. Explain findings: ❑ Other environmentally sensitive sj)ecies. E:splain findings: 0 Aquaficlwildlife diversity. Fxplain findings. 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysjs. Pick'AA31, Approximately acres in total are being considLred in the cumulative amlysis. For each wetland, specify (lic following: Directly abuts? (Y/N) Pirecfly—kllawut� ff/-N) Simirnarize overall biological, chemical and physical functions being pertbrined: 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 (eg. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland tics within or outside of a floodplain is not solely determinative of significant nexus. Dram, connections between the features documented and the effects, on the TNW, as Identified in the Rapanos 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 'mWs, or to reduce the amount of pollutants or flood waters reaching aTNW? • Dos the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifccycle support functions for fish and other species, such as feeding, nesting, sixivniing, or rearing young for species that acre preset in the'INW? • J)o(--s the tributary, in combination with its adjacent wetlands (if any), have the caixicity to transfer nutrients and organic carbon that support downstream foot web.V • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the'FNW? 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 -RIIW that has no adjacent wetlands and flows directly or indirectly into TNWs. 1{xplam findings of presence or absetice of significant n"us below, based on the tributary itself, then go to Section 111.13: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where: the non-RPW flows directly or indirectly into TNWs. ll'xplain findings of presence or absence of'sig pifficant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section ]H.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not dim-city abut the RP W. Explain findings of presence or absence of significant nexus ficlow, based on the tributary in combination with all of its adjacent wetlands, then go to Section 111.1): D. DETERMINATIONS OFJURISDICTIONAL FINDINGS.'THE SUBJECT WATERS/ WETLANDS ARE (CIIECK ALL THAT APPLY)- I. TNWs and Adjacent Wetlands. Check all that al-I)IN, and provide size estimates in review aurae; 0 TNWs: linear feet wA idth (fl), Or, acres. Wetlatids adjacent to TNWs: acres, 2. RPWs that flow directly or indirectly into TNWs. Tributaries of"INWs where tributaries typically flow year-round tire j urisdiclional. Provide data and rationale indicating that tributary is perennial: 0 Tributaries ot-l-NW where tributaries have continuous flow "suisonally" (e.g., typically three months cacti year) are jurisdictional. 1),atasu:pportiTig this coticitisionislit-ovidedatScctimill.B. Provide nitionale indica ting that tributary flows, Provide estimates for jurisdictional waters in the review area (check sill tlaaat apply):. Tributary waters: linear feet wicltlt (1'.1). Other non- wetland waters:. acres. Identify type(s) of waters: lwltnn- RPWnas that flow directly or indirectly into TNWs. Waterbody that is not a °1'NiW or an RPW, but flows directly or indirectly into a `fNW, and it Naas as sig nnl%catant nnextts with at T NW is jurisdictional. Data supporting this conclusion is providc^tl at's tion 11 .C. Provide c~slinnates faarjur saiictionnatl waters wvithin the review area (clwcla all that alalwly): Tributary ry wvaaters: linc:aar fact width (11). El t. hcr non- wellaand waders. acres. Identify types) of waters: Wetlands directly abutting an RPW that flow directly or indirectly into T NWs. Wetlands directly abut ICPW and thus are jurisdictional as atliaacent wetlands. [ Wetlands directly abutting am lZPW where tributaries typically flow ycaar- round. Provide data and rationale . indicating that tributary is Perennial in Section 111.11.2, above. Provide rationale indicating that wetland is directly aabuttitng, an RPW; E] Wella;nds directly abutting an RPW where tributarioi typically flow "Seasonally." Provide data indicating that tributary is seasonal in Section 111.1:1 and rationale,. in Section 111.112, above, Provide rationale indicating that wetland is directly abutting an R11W: Provide: acreage astinnatcw lbr urisdietionnal wetlands in the review war acres,. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into T'NW's. Wetlands that do not directly abut an 'ltlwIN,, but when considered in combination with the tributary to which they are adjatccnt and with similarly situated adjacent wetlands, have a sigrttilicant nexus with a 'INW are jurisidictionxal Data supporting this cawnclosion is provided at Section 111.0. Provide acreage estimates for jurisdictional wetlands in the review anreat: acMN. Wetlands adjacent to non -RPWti that flow directly or indirectly into TN Ws. 0 Wetlands adjacent to such waters, and have when considered in connbianation with the tributary to which they arc adjacent and with similarly situated adjacent wetlands, have a significant, can , nexus with a T NW are jurisdictional. W, to Supporting this conclusion is provided at Section 1110. Provide estimates fiar juri:sylictionaal wetlands in the review arena: acr(N. Impoundments of Jurisdictional waters! As at general rule, the impoaundnnennt of a jurisdictional tributary remains jurisdictionaal. n lknnonnstrate that impoundment was created fronn "Nvaters of tine t l.y . „" or D 1De:monslralc that waiter aneets the criteria for one of the caategtories, presented al ive (1-6), or EJ lDennnornstraate tlaaat waiter is isolated ww itlt a nnexnns to conatrnerce (see l3 belcawv). E. ISOLATED [INTERSTATE OR i '"l"Ra'1.- S°lATE]'W'Ai' RS, rl'wlCI,UDING ISOLATED WETLANDS, Tl[,JE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD D eAF"F"EC:T INTERSTATE COMMERCE, Mr1IWIERCE, INC1..A1DIN ANY SUCH WATERS (CHEC K ALL THAT APPLY):" r] which tare or could be used by interstate or foreign travelers Im recreational or other purposes. [ from which fish tar Shellfish are or could be taken arid sold in inter-state or fibreign commerce. [J which are or could be used for industrial purposes by industries in interstate commerce.. ® lnterstatie astalaalw cl waiters. 1. ^.xplain: El t~ltfner factors'. 1: xl larin: Identify water body and cummarice rationale supporting determination: "Set Footnota 4 :l. s To a eni-plcte the analysis refer to the key in Section 111.1D.6 or the Ttnstruclionaal Guidctamaaala. "'Prior to awwrting or declining ("WA Juris tlrrtcm 6 sotely on this category, C, *tats Distarfrtxa will tlevate the action tin Corps and EPA 11Q for a° ie w consistent with tlrc roce." described in list C..'oM -JEPwA klemoraawaRaaaaa irl,rg ar~r%ar1; t "'ll it liat Jaza^is&rWan FouGleaiaring Ri'afrurrrrrs. Provideesthrudes for jnaa isdicticanad waateMrs in the review area (check till that apply): n 1ributary waters: linear feet width (fl), 0 Other non-wellmid waters: acres. Identify tyl-w(s) of waters: 0 Wetlan&c acres, F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALI, THAT APPLY). C] If potential Nvetlarids were assessed within the rcview arm, these areas did not ranee t the criteria in the 1987 Corps of E'tigi nee rs Welland Delineation Manual and/or appropriate Regional Suppletrients, Review area included, isolated waters %vith no substantial nee is to uncNate (or foreign) commerce. 0 Prior to the Jan 2001 Supreme Court decision in ".5117AWY11 " the review area would have be an regulated based solely on the "Migratory Bird Rule" (M R). Waters do not inect the "Significant Nexus" stinukird, where such as finding is requi red for jurisdiction. 11"Nplaill: Other: (explain, Knot covered alyjvc): Provide acreage csfirinfles for non-jurisdictional watm in the review area, where the sole potential basis ot'jurisdiction is the M13R factors (i.e., ptesLmcc of migratory birds, presence of endangered species,, itse of waiter for irrigated agriculture), using best prolessional judgirwin (check all duct apply): El Noji-wetiaiidkvfjtei's(i.c., rivers, StrCallIS): linear feel Width (fl). 0 IA-es/pon& acres. 0 Other non-Nvetland wutcm acres. List type of aquatic resourcc: Wetlands: A( 0.98 tic), 13(0.22 ac), Q0.48 ac), JX0.05 ac), EX0,12 ac), F(0,54 ac), 6(0,33 ac), 1(0.'1.2 ac), J(0.07 ac), Total 2,91 acres. Provide acmige cstimati—z for nmjmisdictional waters in the revie-w area that do not to the "Significant Nmi,is"standard, where such a finding is required far jurisdiction (check all that apply): 0 Non-wetland waters (i.e., rivers, strcarns): linear fect, width (11). [I Lakes/porids: acres. El Otlier nou-Nvetland watcrs: acres. List tyTA: ofaqualic resou= El Wetlarids: 11cres. SECTION IV.- DATA SOURCES. A. SUPPORTING DATA. Dnta revicived for JD (check all that apply - OiLcked iterns shall be included in case file and, where checked and rex1twsted, appropriately reference sources below): Mal-is, plarts, plots or plat submitted by or on behal for the applicant/consultant: Data sheets preparmllsubinifiLd by or on bLlialf or the applicant/cortsultant. Office conctwswith data shcets/detincation report,, 0111ce does not concur with data shects/delitmition repom Data sheets prepared, by the Coq)s: Corps riavigable waters' study: U.S. Geological Survey I lydrologic Atlas: [I USES NVID data. El USGS 8 aiid 12 digit I JUC maps, U.S. Geological Survey rtiaP(s). Cite scale & qtuid name; 1:24,000, New peril Qua& USDA Natund Resources Conservation Service Soil Survey, Citation:Craven County Soil Survey, National wetlands inventory rnalXs). Cite narne: USFVS NW Maps. El Statc/Local wetland inventory tnap(s): [I rEMA/FIRM maps: 0 100-year Flotx1plain I'devation is: (Natiortal Gemlectic Ver-tical Datuin of 1929) Photographs: 0 Aerial (Naine & Datc):Google Earth, 2012. or n Other (]Warne & Date): E] Previous deten'nination(s). File no. and date Of response letter: 0 Applicable/supporting case law: Al,)I)Iicable/stil)poilijig.sciciiii tic literature: Other information (Pleal se spccitv): rpm CCld q'� 1".T 1w; W� UI IM% WIAI x"YROU, PCV. 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