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HomeMy WebLinkAbout20070566 Ver 2_401 Application_20071007Y ~ L ENGINEERS 1 PLANNERS I SURVEYORS 111 MacKenan Drive CARY, NORTH CAROLINA, 27511 (919) 469-3340 FAX (919) 467-6008 TO: ~ C -- ~1 V 1 j1(Xl ~ ~ ~ bid ~~~('l.\ ~~ ~- z3zi C'~~~~-~G C~~~a. L~c~~ ~ tJ C', a~l ~oo~ WE ARE SENDING YOU ^ Shop Drawings ^ Copy of Letter ~c~~~~a o~ ~aQa~~a~~a~ DATE ~-,~-; Z ZGO-l JOB NO. z0 ]C~Z~, ATTENTION ~j ~ ~ ~~ ~ r ~, PHONE# RE: ~ ~( ~ ~1 l/~"~"~ 5 p ^ Attached via the following items: ^ Prints ^ Plans ^ Samples ^ Specifications ^ Change order ^ Diskette ^ COPIES DATE NO. DESCRIPTION D THESE ARE TRANSMITTED as checked below: ^ For approval ^ Approved as submitted For your use ^ Approved as noted As requested ^ Returned for corrections ^ For review and comment ^ ^ FOR BIDS DUE 20 ^ PRINTS RETURNED AFTER LOAN TO US REMARKS: ~~~~SC r'ca\ ...~~-a-h ~_ ~n~1~v.r~;~,c ~~ c~c- CCU"`_c c ~1S DENR - WATER ttuAU I r WETiAND3 ANf) STOitlrq"MTER BRANCH ^ Resubmit copies for approval ^ Submit copies for distribution ^ Return corrected prints ~_ ~~./ COPY TO: ~'~\~ SIGNED: /f enclosures are not as noted, kindly notify us at once. +. WITHERS ~~~ RAVENEL EN61NEER5 I PLANNERS I SURVEYORS October 24, 2007 US Army Corps of Engineers Attn: Mr. Jamie Shern 6508 Falls of Neuse Road, Suite 120 Raleigh, NC 27615 Re: Norwood Bluffs ~xp o~ - 05 ~ b Y 2 NC-Division of Water Quality Attn: Ms. Cyndi Karoly 2321 Crabtree Blvd. Raleigh, NC 27604 D ~~~0'~f~~ Request for 404/401 Certification and Buffer Compliance W&R Project Number - 02070280 DWQ Exp#: 07-0566 Dear Mr. Shern and Ms. Karoly: ~;(t5 ~J L5u v ~ ~~~~ W IJ OCT 2 4 2007 f~NR • WA7Ek (lU~U7Y WETLMD3 AND $TORMWATER BRANCH On behalf of Weisgerber Group we are requesting authorization from the USACE to use NWP's 29 for the construction of a residential subdivision. We are also requesting 4o1-Certification and Buffer Compliance from the NC-DWQ for impacts to jurisdictional waters and wetlands. The subject property is approximately 30.6 acres in size and is located immediately northwest of the intersection of Six Forks Road (SR 1005) and Norwood Road (SR 1834) at Latitude: 35.9443946°N and Longitude: 78.6441539°W in Bayleaf, Wake County, North Carolina. The site contains unnamed tributaries to Lower Barton Creek and is located in the Neuse River Basin. The Water Quality Classification for these features is: WS-IV; NSW, CA, the Cataloging Unit for this site is: 03020201, and the Stream Index number is: 27-16-(2). Project History Wetlands were delineated by Withers & Ravenel during August 2007. A site meeting was conducted with the NC-DWQ on April 11, 2007 (DWQ EXP# 07-0566) to verify stream origin points and make intermittent/perennial determinations. A copy of the NC-DWQ letter is attached. We have also included a survey of the wetland delineation for review and approval by the USACE. Proposed Impacts The proposed permanent impacts consist of 195 linear feet of jurisdictional stream channel (101 1. F. unimportant/intermittent channel + 94 l.F. of important/perennial channel), 0.001 acres of wetland, and 10,909 S.F (Z1: 6,891 SF, Z2: 4,018) of riparian buffer impact for road construction. An additional 1,58o SF of Zone 2 will be temporarily (i.e. graded and re-vegetated) for the installation of BMP's and level spreaders. The impacts are summarized on the overall map as well as the PCN form. Avoidance and Minimization Prior to site plan development, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and `waters' could be minimized. In order to access the northern portion of the property, stream and buffer impacts could not be avoided. However, impacts were minimized by crossing the channel at a nearly perpendicular angle and through the use of steeper fill slopes at the stream crossings. The crossing of the non-buffered feature is necessary to meet minimum lot size criteria and not disturb suitable soils needed to provide septic drain fields. Relocating this roadway to avoid this impact would result in the loss of at least i4% of the project's total. As a condition of the sale of the land the purchaser is further required to keep the roadway as far as practicable away from the property to the east, which is occupied by an elderly couple. stormwater Management Plan The proposed impervious for this project is expected to be approximately 16.31%, therefore, we do not believe that apre-approved stormwater management is required. In order to protect downstream water quality the applicant will provide stormwater treatment through a combination of detention ponds followed by level spreaders. During construction the applicant will utilize sediment basins to prevent sediment from entering jurisdictional stream channels or wetlands. Mitigation Because impacts to perennial channels are less than 150 linear feet, wetland impacts are less than o.s acres, and buffer impacts are less than i/3 acre, we do not believe that mitigation will be required. Please feel free to call if you have questions or require additional information. Sincerely, WITHERS ~RAVENEL, INC.. -T Todd Preuninger Attachments - i) PCN Form 2) Site plans 3) Agent Authorization 4) USGS Quadrangle Map 5) Wake County Soil Survey Map 6) NC-DWQ Buffer Letter 7) Data Forms (2) 8) 1D Forms C y y~, . 1 t ~ CD ~~r~i' ~f /~!~ % Y'4'~ t ~`i J ~ ~s ~ r ~ ~ ~'h ~ +~ ~ 1 ~ ~ ~+~ ;~' i( ~~` ~''.w i~ ~~'F o ' ,,~. q~~ ~ ! ~ t' 'r *~ s +° ~ ~ t ~ y~~.; ~~~ t~ i l~, ~ Q. i ~ l yyAyAyAyj~~ x ~, ~ ~ G'"' N . ~ * ~ `rte, z....R ~ t* ~ ~'4 1 - M ~ ~ ~Y l c c '~ ~ . P 'E "f'~~1~ 1~*'` r ., ~ C/~ ~ ~~ r . ~,!t Tq a' ~ ~, ~, ~ h It? •' a ~ .`3 ~~ ~t'i '~ ~~. i t f"~ i ~ ~ t~ Y IY r ~ ~~ r ~~ , ' r-. o ~,~< ~ .... ~ ~~~x'~' ~ A~. ~~ ~`t V:'v.. ~ ` }, r~ l ~~~, ~ ~ ~~p~p ! ~ Q o ~ `q ~; f f~.. ~t yf~~.f , ;444Ai~ t ~ ~'^.. ~ fl f~~ ~ r~ ~l ~<±~ I Y+ ~ ': S f ~~~ ~3 ~ . `" ~ ~ ~<ha~cas~ ~r ~~..y 0 ^~ ~+ C '-t a c~ 0 C7 r~ 0 ~Q ~-t Q. 0 0 a ~c .~ ~, b a~ ~. t~. a~ a~ ^c3 a~ 0 a 0 Q, ~. 3 0 3 x 0 0 ~, >, c~ 3 b 0 0 0 3 a~ ~. v a~ ~. _~ a~ a~ 0 3 ~, ~. p., 0 a 0 ~. a 0 3 0 a~ ~. a~ 3 ~, Q Office Use Only: Form Version March OS USACE Action ID No. DWQ No. _~Cn O 1 ~ ~ l0 1i? Z (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing ~P~ID 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: NWP 29 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 M t„ Environmental Concern (see the top of page 2 for further details), the U II. Applicant Information 0~j 2 4 2007 1. Owner/Applicant Information p~Ni~' WAY~k GtJ~l.l'tY vrEn~sM-o s~lw~n~ Name: Weis~erber Group Attention: Rick Grote Mailing Address: 1426 Wall Road Wake Forest NC 27587 Telephone Number: 919-570-0418 Fax Number: 919-570-0419 E-mail Address: bstinc(a,nc.rr.com 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: Todd Preunin~er Company Affiliation: Withers & Ravenel Inc. Mailing Address: 114 MacKenan Drive Carv, NC. 27511 Telephone Number: 919-469-3340 Fax Number: 919-535-4545 E-mail Address: tpreuninger(cr~,withersravenel.com III. 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 Page 1 of 8 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 boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Norwood Bluffs 2. T.I.P. Project Number or State Project Number (NCDOT Only): NA 3. Property Identification Number (Tax PIN): 1709580837, 1709593022, 1709592596, 1709593995 4. Location County: Wake Nearest Town: Bayleaf Subdivision name (include phase/lot number): Norwood Bluffs Directions to site (include road numbers/names, landmarks, etc.): the site is located northwest of the intersection of Six Forks Road (SR 1005) and Norwood Road (SR 1834) in northern Wake County. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.9441539°N ; 78.6441539°W 6. Property size (acres): 30.6 acres 7. Name of nearest receiving body of water: Unnamed tributaries to Lower Barton Creek 8. River Basin: Neuse River Basin (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/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site is currently wooded with two residential structures. 10. Describe the overall project in detail, including the type of equipment to be used: This project consists of the construction of roads and BMP devices that will provide-the infrastructure for a residential subdivision. Typical heave equipment, such as excavators, will be utilized during construction. Page 2 of 8 11. Explain the purpose of the proposed work: The proposed work is intended to meet the rig demand for housing in the area. 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 NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. Wetlands were delineated by Withers & Ravenel during August 2007. A site meeting was conducted with the NC-DWQ on April 11, 2007 (DWQ EXP# 07-0566) to verify stream on ig_n points and make intermittent/perennial determinations. A copy of the NC- DWQ letter is attached. We have also included a survey of the wetland delineation for review and approval by the USACE. 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. Additional impacts may needed for driveway crossings, however; individual builders/homeowners will apply for these impacts if, and when, the lots are sold. VI. Proposed Impacts to Waters of the United StateslWaters 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 below (e.g., 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 identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation -forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for 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: The proposed permanent impacts consist of 195 linear feet of jurisdictional stream channel (101 L.F. unimportant/intermittent channel + 94 L.F. of important/perennial channel), 0.001 acres of wetland, and 10,909 S.F (Z1: 6,891 SF, Z2: 4,018) of riparian buffer impact for road construction. An additional 1,580 SF of Zone 2 will be temporaril. (~i.e• gxaded and re-ve eg tom) for the installation of BMP's and level spreaders. Page 3 of 8 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 Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) (yes/no) (linear feet) Impact 2 Permanent/fill forested no 2ft 0.001 Total Wetland Impact (acres) 0.001 3. List the total acreage (estimated) of all existing wetlands on the property: 0.384 acres 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, multi ly length X width, then divide b 43,560. Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Stream Width Length Impact (indicate on ma) Intermittent? Before Im act (linear feet) (acres) Impact 1 UT Lower Barton Culvert Intermittent 1-2ft 101 ft 0.0057 Creek Impact 9 UT Lower Barton Culvert Perennial 2-3 ft 94 ft 0.007 Creek Total Stream Impact (by length and acreage) 195 ft 0.0127 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, floodin ,drainage, bulkheads, etc. Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on ma) ocean, etc.) (acres NA NA NA NA NA Total Open Water Impact (acres) NA 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.0127 Wetland Impact (acres): 0.001 Open Water Impact (acres): NA Total Impact to Waters of the U.S. (acres) 0.0137 Total Stream Impact (linear feet): 195 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Page 4 of 8 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.): NA Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): NA Current land use in the vicinity of the pond: NA Size of watershed draining to pond: NA VII. Impact Justification (Avoidance and Minimization) Expected pond surface area: NA Specifically describe measures taken to avoid the proposed impacts. It maybe 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 were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Prior to site plan development, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and `waters' could be minimized. In order to access the northern portion of the property, stream and buffer impacts could not be avoided. However, impacts were minimized by crossing the channel at a nearlyperpendicular angle and through the use of steeper fill slo ep s at the stream crossings. The crossing of the non-buffered feature is necessary to meet minimum lot size criteria and not disturb suitable soils needed to provide septic drain fields. Relocating this roadway to avoid this impact would result in the loss of at least 14% of the project's total. As a condition of the sale of the land the purchaser is further required to keep the roadway as far as practicable away from the property to the east, which is occupied by an elderly couple. 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 effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted Page 5 of 8 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/strm~ide.html. 1. 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 description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Because impacts to perennial channels are less than 1501inear feet and wetland impacts are less than 0.1 acres we do not believe that mitigation will be required. 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 (919) 715-0476 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): NA Amount of buffer mitigation requested (square feet): NA Amount of Riparian wetland mitigation requested (acres): NA Amount ofNon-riparian wetland mitigation requested (acres): NA Amount of Coastal wetland mitigation requested (acres): NA 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)? Page 6 of 8 Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 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 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 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ^ 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. * Impact I Required Zone , ~,_~_~ r ~~~ Multiplier ,~,~,,., ~~,~~ 1 6,891 3 (2 for Catawba) NA 2 5,850 1.5 NA Total I 12,741 I I NA * Zone 1 extends out 30 feet perpendicular from the top of the near 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. NA 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 impervious level. The proposed impervious for this project is e_pected to be approximately 16 31% therefore we do not believe that ire-approved Stormwater management is required. In order to protect downstream water quality the applicant will provide stormwater treatment through a combination of Page 7 of 8 detention ponds followed by level spreaders. During construction the applicant will utilize sediment basins to prevent sediment from enteringjurisdictional stream channels or wetlands. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The site will utilize individualize septic systems. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No 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 http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This is a complete project with no additional phases anticipated. BMP's will be utilized during and after construction to prevent sediment from entering stream and wetlands. Any development within the proximity of this site will also be required to provide diffuse flow into the buffers, as well as any additional requirements by the City, therefore, we do not believe that this project will lead to additional development that could impact downstream water quality. 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). NA a Applicant/Agent's Signature ~ Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 +- Filter Strip, Restored Riparian Buffer and Level Spreader Inspection and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important maintenance procedures: - Immediately after the filter strip is established, any newly planted vegetation will be watered twice weekly if needed until the plants become established (commonly six weeks). - Once a year, the filter strip will be reseeded to maintain a dense growth of vegetation - Stable groundcover will be maintained in the drainage area to reduce the sediment load to the vegetation. - Two to three times a year, grass filter strips will be mowed and the clippings harvested to promote the growth of thick vegetation with optimum pollutant removal efficiency. Turf grass should not be cut shorter than 3 to 5 inches and may be allowed to grow as tall as 12 inches depending on aesthetic requirements (NIPC,1993). Forested filter strips do not require this type of maintenance. - Once a year, the soil will be aerated if necessary. - Once a year, soil pH will be tested and lime will be added if necessary. After the filter strip is established, it will be inspected quarterly and within 24 hours after every storm event greater than 1.0 inch (or 1.5 inches if in a Coastal County). Records of inspection and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential roblem: How I will remediate the roblem: The entire filter strip Trash/debris is present. Remove the trash/debris. s stem The flow splitter device The flow sputter device is Unclog the conveyance and dispose (if applicable) clo ed. of an sediment off-site. The flow sputter device is Make any necessary repairs or damaged. replace if damage is too large for re air. BMP element: Potential roblem: How I will remediate the roblem: The Swale and the level The swale is clogged with Remove the sediment and dispose lip sediment. of it off-site. The level lip is cracked, Repair or replace lip. settled, undercut, eroded or otherwise dama ed. There is erosion around the Regrade the soil to create a berm end of the level spreader that that is higher than the level lip, and shows stormwater has then plant a ground cover and bypassed it. water until it is established. Provide lime and aone-time fertilizer a lication. Trees or shrubs have begun Remove them. to grow on the swale or just ' downslo a of the level li . The bypass channel Areas of bare soil and/or Regrade the soil if necessary to erosive gullies have formed. remove the gully, and then reestablish ro er erosion control. Turf reinforcement is Study the site to see if a larger damaged or ripap is rolling bypass channel is needed (enlarge if downhill. necessary). After this, reestablish the erosion control material. The filter strip Grass is too short or too long Maintain grass at a height of if a licable . a roximatel three to six inches. Areas of bare soil and/or Regrade the soil if necessary to erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer a lication. Sediment is building up on Remove the sediment and the filter strip. restabilize the soil with vegetation if necessary. Provide lime and a one- time fertilizer a lication. Plants are desiccated. Provide additional irrigation and fertilizer as needed. Plants are dead, diseased or Determine the source of the dying. problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide aone-time fertilizer a lication. Nuisance vegetation is Remove vegetation by hand if choking out desirable species. possible. If pesticide is used, do not allow it to get into the receiving water. The receiving water Erosion or other signs of Contact the NC Division of Water damage have occurred at the Quality local Regional Office, or the outlet. 401 Oversi ht Unit at 919-733-1786. I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: ~~~k GiFto'r'~ Title: 'P Address: ~ U~Cm Whct.. R-GI~ ~~~ r~oe~-f N r- 2L?58'7 Phone: ot~ 9 . ~ 7 0, • b'-1 i ~' ~~ Signature: Date: 1 ~ -tb -~,-? Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I, MA-Q,1~. L , Lp~L , a Notary Public for the State of (~O[.Itse, ,County of Wn.k£ , do hereby certify that (~~~ ~~~ personally appeared before me this day of ~~, , '1~_, and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, L. /;p~ O # "~*M*Y ~` .inn ~ U Y ~ 1. G~~ GOUK~y ~ SEAL My commission expires it u Low Density Residential Subdivisions Deed Restrictions & Protective Covenances In accordance with Title 15 NCAC 2H.1000, the Stormwater Management Regulations, deed restrictions and protective covenants are required for Low Density Residential Subdivisions where lots will be subdivided and sold. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built-upon" area consistent with the applicable regulation governing the density level. I, ~i~c CiR.a~ acknowledge and affirm by my signature below, that I will cause the following deed restrictions and protective covenants to be recorded for r~uewaue~ Biy~s prior to the sale of any lot: 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number , as issued by the Division of Water Quality under NCAC 2H.1000. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. 6. The maximum allowable built-upon area per lot is / 3, w d square feet. This allotted amount includes any built-upon area constructed within the lot property boundaries, and that portion of the right-of--way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. 7. In the case of a lot within CAMA's regulated AEC, where the Division of Coastal Management calculates a different maximum allowable built-upon area for that lot than is shown herein, the governing maximum built-upon area for that lot shall be the most restrictive of the two. 8. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings is strictly prohibited by any persons. 9. Each lot will maintain a 30 foot wide vegetated buffer between all impervious areas and surface waters. 10. All roof drains shall terminate/a~ t least 30 foot from the mean high water mark of surface waters. Signature: G=~ / 1~ Date: /C~~/~~0'7 I, Nl.~..~L t.. • t--~~1~1 , a Notary Public in the State of ~D(~'C1~ r/D~DI.ItJ~. ,County of ~,~~_. , do hereby certify that ~,1l..aL_ ~~ personally appeared before me this the b~ day of DGT~b~~g~, 20~, and acknowledge the due execution of the foregoing instrument. Witness my hand and official seal, SEAL Signature L' i My Commission expires ~ ~ 0 ~~~ Form DRPC-5 Rev.l Page 1 of 1 Permit No: (to be assigned by DWQ) `~ OF W AT~9 ~ Dy y [ > NCDENR .y o -c STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM LEVEL SPREADER, FILTER STRIP AND RESTORED RIPARIAN BUFFER SUPPLEMENT This fom- must be filled out, printed and submitted. The Required Items Checklist (Part 111) must be printed, filled out and submitted along w-th all of the required information. !. PROJECT INFflRAIATKlN Project name Norwood Bluffs Contact name Todd Preuninger Phone number 238-0352 Date October 10, 2007 Drainage area number BMP #1(Sotrthem BMP) iL s~I~ES~N'1NFE~t~iN'AT1f3N For Level Spreaders Receiving Flow From a BMP Type of BMP Level Spreader Drawdown flow from the BMP 0.29 ft'/sec For Level Spreaders Receiving Flow from the Drainage Area Do not complete this section of the worksheet. Drainage area 8.5 ~'~ c Do not complete this section of the worksheet. Impervious surface area 1.5 ~A e, Do not complete this section of the worksheet. Percent impervious 0.18 Do not complete this section of the worksheet. Rational C coefficient 0.4 Do not complete this section of the worksheet. Peak flow from the 1 inlhr storm 3• ~ft3lsec Do not complete this section of the worksheet. Rainfall intensity, 10-yr, 24-hr storm 7.22 inmr Do not complete this section of the worksheet. Peak flow from the 10-yr, 24-hr storm 2.045666667 ft'/sec Do not complete this section of the worksheet. Where Does the Level Spreader Discharge? To a bioretention cell? N (Y or N) To a wetland? N (Y or N) To a filter strip or riparian buffer? Y (Y or N) Please complete filter strip characterization below. Other (specify) Fiker Strip or Riparian Buffer Characterization (if applicable) Width of grass 0 ft Width of dense ground cover ~ ft Width of wooded vegetation 0 ft Total width ~ ft Slope (from level lip to to top of bank) 0.5 Are any draws present? N (Y or N) Level spreader cannot be located upslope of a draw. Level Spreader Design Forebay surface area ftz Feet of level lip needed per cfs 13 fU(ft3/sec) Length based on the 1 inlhr storm? N (Y or N) Length based on the 10-yr, 24-hr storm? N (Y or N) Length based on the BMP discharge rate? (Y or N) Design flow 0.29 ., ft'Isec ~ Is a bypass device provided? N (Y or N) A bypass device is not needed. Are level spreaders in series? l li f th l N (Y or N) #VALUE! 13 ft Level spreader is r t long enough. MIS L~~~ l 5 p eve e Length o ~ o.'L°1 ~~ ~ I ~ = 3.~ Sc~ ~ ~ ? 1 Form SW401-Level Spn;ader, Fitter Strip, Restored Riparian Buller-Rev.1 Parts I. and II. Design Summary, page 1 of 2 ~~ \ ~~r Permit No: (to be assigned by DWQ) 111: REQUIRED ITEMS CHECKLIST Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to indicate the following design requirements have been met. If the applicant has designated an agent, the agent may initial below. If a requirement has not been met, attach justification. Pagel Plan Initials Shee~No. ~_ ~ , 15 1. Plans (1" - 50' or larger) of the entire site showing: - Design at ultimate build-out, -Off-site drainage (if applicable), - Delineated drainage basins (include Rational C coefficient per basin), ~ ~Ec Sk1rl ~:Q°~ ~ , - Forebay (if applicable), -High flow bypass system, -Maintenance access, - Recorded drainage easement and public right of way (ROVI~, and - Boundaries of drainage easement. ~C~ ~ 2. Plan details (1" = 30' or larger) for the level spreader showing: -Forebay (if applicable), -High flow bypass system, - One foot topo lines between the level lip and top of stream bank, -Recorded drainage easement, and -Design at ultimate build-out. ~ ~_ 3. Section view of the level spreader (1" = 20' or larger) showing: - Underdrain system (if applicable), -Level lip, - Upslope channel, and - Downslope filter fabric. ~( ~ 4. An assurance that the installed system will meet design specifications upon initial operation once the project is complete and the entire drainage area is stabilized. Yt~ ~ 5. A construction sequence that shows how the level spreader will be protected from sediment until the entire drainage area is stabilized. (VILA /~'tT~H~-~ 6. The supporting calculations. ~~~ /~~r'~,RCN~(~ 7. A copy of the signed and notarized inspection and maintenance (I&M) agreement. t-S k~PCI~`~ 8. A copy of the deed restriction. Form SW401-Level Spreader, Filter Strip, Restored Riparian Buffer-Rev.1 Part III, page 1 of 1 Permit No: (fo be assigned by DWQ) ~~~ NCDENR STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM O~O~ W A T~9~G h >_ .y O C LEVEL SPREADER, FILTER STRIP AND RESTORED RIPARIAN BUFFER SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part 111) must be printed, filled out and submitted along with all of the required information. 1_ PRQJECT INFORMATION Project name Norwood Bluffs Contact name Todd Preuninger Phone number 238-0352 Date October 10, 2007 Drainage area number BMP #2 (Northern BMP) IL DESIGN INFORMATICIN For Level Spreaders Receiving Flow From a BMP Type of BMP Drawdown flow from the BMP For Level Spreaders Receiving Flow from the Drainage Area Level Spreader 0.29 ft3/sec Do not complete this section of the worksheet. Do not complete this section of the worksheet. Do not complete this section of the worksheet. Do not complete this section of the worksheet. Do not complete this section of the worksheet. Do not complete this section of the worksheet. Do not complete this section of the worksheet. Do not complete this section of the worksheet. Drainage area 0.8 ~~,c Impervious surface area 0.1 ,ftzAt.. Percent impervious 0.13 Rational C coefficient 0.4 Peak flow from the 1 in/hr storm 0~.'3~-- ~LA~€! ft3/sec Rainfall intensity, l0-yr, 24-hr storm 7.22 in/hr Peak flow from the 10-yr, 24-hr storm 0.192533333 ft'/sec Where Does the Level Spreader Discharge? To a bioretention cell? To a wetland? To a filter strip or riparian buffer? Other (specify) Filter Strip or Riparian Buffer Characterization (if applicable) (Y or N) (Y or N) (Y or N) Please complete filter strip characterization below. Width of grass 0 ft Width of dense ground cover 80 ft Width of wooded vegetation 0 ft Total width 80 ft Slope (from level lip to to top of bank) 6.5 Are any draws present? N (Y or N) Level spreader cannot be located upslope of a draw. Level Spreader Design Forebay surface area ftZ Feet of level lip needed per cfs 13 fU(ft3/sec) Length based on the 1 in/hr storm? N (Y or N) Length based on the 10-yr, 24-hr storm? N (Y or N) Length based on the BMP discharge rate? Y (Y or N) Design flow 0.29 ft3/sec Is a bypass device provided? N (Y or N) A bypass device is not needed. Are level spreaders in series? N (Y or N) #VALUE! Length of the level lip 13 ft Level spreader length OK. Form SW401-Level Spreader, Filter Strip, Restored Riparian Buffer-Rev.1 Parts I. and II. Design Summary, page 1 of 2 ~~ Permit No: (to be assigned by DWQ) lll. REQUIRED ITEMS ~HECKUST Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to indicate the following design requirements have been met. If the applicant has designated an agent, the agent may initial below. If a requirement has not been met, attach justification. Pagel Plan Initials Sheet No. Z ~ ~ 1. Plans (1" - 50' or larger) of the entire site showing: ' - Design at ultimate build-out, - Off-site drainage (if applicable), -Delineated drainage basins (include Rational C coefficient per basin), --/ ~~ ~~.~.~,~; ~~-4?'}(< -~ . - Forebay (if applicable), -High flow bypass system, -Maintenance access, - Recorded drainage easement and public right of way (ROW), and - Boundaries of drainage easement. V~l-c ~ 2. Plan details (1" = 30' or larger) for the level spreader showing: - Forebay (if applicable), -High flow bypass system, -One foot topo lines between the level lip and top of stream bank, -Recorded drainage easement, and - Design at ultimate build-out. '~'~ ~ ~/ 3. Section view of the level spreader (1" = 20' or larger) showing: - Underdrain system (if applicable), - Level lip, - Upslope channel, and - Downslope filter fabric. M `~- V 4. An assurance that the installed system will meet design specifications upon initial operation once the project is complete and the entire drainage area is stabilized. ~1i 1~ _~ 5. A construction sequence that shows how the level spreader will be protected from sediment until the entire drainage area is stabilized. M--S /~~CPcN~~ 6. The supporting calculations. ~N'LS ~TT~~ 7. A copy of the signed and notarized inspection and maintenance (I&M) agreement. f-'1L~i ~~{ (~ f 8. A copy of the deed restriction. Form SW401-Level Spreader, Filter Strip, Restored Riparian Buffer-Rev.1 Part III, page 1 of 1 ENGINEERS ! PLANNERS I SURVEYORS Site Access/Agent Authorization Form Project Name: IV n~~OUrJ ~LUF~ S Property Owner/Contract Purchaser: ~~(SC(~ef3~~ C~d2 d~P Address: 112-(- W,A~I-t_ ~.ol.~-D ~•4~ ~Q~ T NL Z?'S~7 Phone: °~ lq- ~?v ' ~~-{ 1 ~ Fax: °!~ ~• 570 • o y ~ 9 EmaiL• ~S"T tN~, ~ -~C.- R2- Gam I hereby grant Withers and Ravenel, INC permission to conduct environmental studies on the property described above. In addition, I authorize Withers and Ravenel to act on my behalf as my agent when conducting site meetings and/or correspondence (i.e. permit applications etc.) with the USACE and the NC -Division of Water Quality, if necessary. Property Owner: ~ 1~ L~2aT~ (Print Name) (Signature) Date: tG -o q-o'J \ `~ `\ \ \ \ \1 . ; I I 1 \ \ \ \ ~ \ \ . ` . \ \ \ ` ~ ~ I I \ ~ \ \ \ \ ~ , \ \ \ \ \ \ \ \ \ ~ \ t 1 \ \ \ \ \ \ \ \ \ ` \ \ \ \ ~ \ ~\ \ j\ \ \ \ \ \ \ \ \ \ ` `~ \ \ \ ` O \ \ \ -~. ~----- ------ \ \ \ \ \ \ \ \ \ l \ \ \ \ \ \ \ \ \ •• \\ \ \ \ \ \ \ \ \ \ ` \ 1 \ \ \ Y \ \~ 1 • \ \ \ \ \ \ `\ \ \ \ \ 1 \ `\ \ ~\ , \ \ \, \\ \\ \ 1 \ \\ ` \ 1\\ \ \ • • ~ \ • \ , \ \ \ \ \\ \ \ \ •, \ `\ \, ~ \ \ \,i , \ •~ \_ ~ \ \ ~ \ \ \ \ \ \ \ \ \ .1 \ • ~, \• \ \ \ \ . \ , \ \ \ \ \ \ \ T • \ ,,..,\..\ ~\ ~ '. •• •~ LOT 11 • ~ • ~ \ • • • • ~. • • •• 1 •~ \• ~• • • / \ , \ \ \ \ • • ~ O • • • •• ~• \ \ \, / 1 • \ \ . ~__._. .__---_ _- - ~TT-T'X I \ li 1• 1 ' r 1 1 1 \ \ \ \ \ \ . \ \ ~~~~ V ~ -\ ~ V A \ \ \ _ \ \ \~ -j_ _ • \ 5 \ \ \ \ \ \° \_ _\ ~ , , \ \ \ ~ \ \ \ 1 \\ \ ,1\ \ 1 ~ ~ ~ I \,,.; ~ >/ \~1 LOT 12 IMPACT '~,' ~ ~ ~;\=~, ~~ _ _ 1\ .. , , 1 ~ I 1 r \ ~~ r ,il \ it r / ~ Ili , 1 ~ ~ \ II ' 1 I ~' \ I" ' l\ 11 11 \' I 1 ~ ' I , lire `A ._ ~ ~ 1 1 1 ~ I Q l~ LOT4 ~ ~ ~ I 1 '_ .• 1 ', ~~,I I l i l \ y 1 I ~ / 1 Y,co r r \I.r,l , Or ~ ~ r ' ~ ' ~ '~~ 1 1 w~~; 11 r ~ , ~ ~~ I \ 1t1 r '' / I / / / // /' ,,,, ,~ IMPACT ' vv~''I' ~' '~ ~'~ ~ \ V I ~~ , 1 I ~~ _ ~ _ \ , , 1~ ; I ; f ID , ; , , ,- , ~ ___ _ I ~ - \ -- - - I r a / I / ~ i // i / ~ r INTERMITTENT STREAM IMPACT ~ ~ + ~ v~~ ~ ~, '~ i , d. i '// / ~ { i /~ rr d, rr _ WETLAND IMPACT I I 1 ~ \\L ~~ '`~ ~ \ I rr ~, \ ''r/ 1. / ~ /~ ~ ,~, . / / !/ 'l i r ~ lr 1 ®ZONE 2 BUFFER IMPACT PERMANENT IMPACTS Z IMPACT #1 : STREAM IMPACT - 101 LF (0.0057 AC) IMPACT #2 : WETLAND IMPACT - 67 SF {0.001 AC) IMPACT #3 : BUFFER IMPACT {ZONE 2) - 78 SF (0.002 AC) IMPACT #4 : BUFFER IMPACT (ZONE 2) - 1221 SF {0.028 AC) IMPACT #5: BUFFER IMPACT {ZONE 2) - 281 SF {0.006 AC) O x GRAPHIC SCALE 50 0 25 50 100 1 inch - 50 ft. NORWOOD BLUFFS ENVIRONMENTAL IMPACTS WITHERS ~(' RAVENEL SHEET A ENi1NEERf 1 PLAMNERf I fURVEVORS Ralei Wake Coun North Carolina mwe noma mm~unr~.~ n d:n >ke».vame ... I\ LOT 7 ~ \ fMPACT ~ ~ #b ~ ~, ~ ~~ ~ ~ ~ `- - ,~~` ~` f (~i -_- ~ ~ ate. ~ ~ Cr ` \ `~~ \. \` _~ ~:. ti~ ~, ~" ~ :`.~ ~ ,1 (M PACT ~ ' ~'' ~~ ~~~ (MPACI~ -'- ~ ~ ~ - i~ - i ~. ' ~ .: ~\ ~ ~ ~ ` \ \' ~, , ' ` ' ~ ~ ~ ~ LOT 8 .~ , ~ - , ~, ~ , ~~ ~~ ~~'~ ~ `. --370- ~ ~' ~ ~ ~ ~ '~ ~, , , . ~.,,, ., -- , . , , , ,.,, , . - , , . , ~ ,; _ ~ ~. „ ~ '. ~. ~ . ` ~ ~ ~ ~, ~ `,, LET 9 ~ ~ , , , i ~ \ i ~ 1 ` ,~ ~ ` ~ ~ 1 ~-l 1 ,~ ..~ ' ~ '- a----_ . , , ~ - , ,_ .~.. , ,.:~ , - ' %I - ~ t; ~\- ~~V /~ NF ~ _ ZpNF2 ~ - ~, ,~ ' ~' ~ / `\/ PF~IV CE' ~' , ' .' _ _ - ~ _ ~ I ~~`~' ~ ~ ~ i / i' i -- ~" ~'~ ~~'~';~' --- - ~ ~ IMPACT ' _ - - - - ~ y, 1 - ~ - _ _- - ~~ #8 ~, w -' /~, J_^-_ cl ~ti_' -- _ _~ WELL LOT J '- "~ ---- ~ ' ~ / `'' 1 PERENNIAL STREAM IMPACT ZONE 1 BUFFER IMPACT ® ZONE 2 BUFFER IMPACT ~ PERMANENT IMPACTS ~ IMPACT #6 : BUFFER {ZONE2) IMPACT - 2006 SF {0.0460 AC) ~ GRAPHIC SCALE IMPACT #7 : BUFFER (ZONE1) IMPACT - 6,891 SF {0.1582 AC) 50 0 25 50 100 IMPACT #8 : BUFFER {ZONE2) IMPACT - 2012 SF {0.0461 AC) IMPACT #9 : STREAM IMPACT - 94 LF {307 SF) 1 inch - 50 ft. NORWOOD BLUFFS ENVIRONMENTAL IMPACTS WITHERS ~ RAVENEL SHEET B ENi1MEERS 1 PLANNERS I SURVEYORS Ralei Wake Coun No~Gmlina „, wvn`..n mrw wmnt.AUU~n„ ev s,s~ssaw a~s,s+v+me w..~.ro.v.wrmm . o nnn r~i a vroT rnuru~tu INVERT UPSTREAM SECTION w~ ni+n ni ii ~i~C]T 1\V~ LV INVERT DOWNSTREAM SECTION NORWOOD BLUFFS AQUATIC LIFE PASSAGE DETAIL AQUATIC LIFE PASSAGE (EXISTING & PROPOSED ELEVATIONS) LOCATION EX~STIN ROPOSED INVERT ~ GRADE ( ELEV. REAM 359.00 ~ 358.00 ! -j---- ~TREAM ~ 356.00 355.00 I SINGLE 48" CULVERT -IMPACT AREA 'B' NOT TO SCALE NOT TO SCALE WITHERS ~ RAVENEL ENGINEERS 1 PLANNERS 1 SURV EVOtS 1/~ y; ~~ ,_ ~;! ;"- ~`~ ,~ ~~~ `~ ~~i I U - _ ~ I / '',`~ ~{ fem.- I.\ (L' I ~, , ~,,.. ,1 / ~ _ \ a. .._~ a~" `rY~ ., ~ ~ r ~~ I - ~ ~~ ~,;~--t °-- _,,•~,~.,~yr-~~ `. u ~ ` fir' rr - :;r_ar ~~' ,-. ;: '+-~-~,-- `~B3 ,~~ ~ der- ~ ~ ~ i~i ~, 41 ' ~- p a, -~-~'~ 1 -` ~ ~ •a ! "` -~ ,, ".~ -~ T.~ `.,.i r~ ~'. it ~''1 r \. -~ ....r~ v 1 \ --a - ~ ~ ,i+. ~ ~^ i • ' 'YIMY ,' j j • 11--~'~.,. ~+ttt,111 ~ T ,~~ ` ~-, ~ x + '~' ~~Y J ~ !~ t ~ ` ~ l as } ` • J _ \ ,~: V ~ t # Or _ a ~ ~ ,,~ r. ~ '. , ,~ ,_ .! f III ` ~ / ~ ~ - ~` ~~,,;~ .--. ,`'~ ~_, i' ~ j / ~+ ~~ , ~ ~~ 1' ~ ~~ r . ~..I ///''''''~~~ ' .~ ~ ~ ~~ _ Y ,~ r ~! _ _- , . ~, ~ .~ - , ~ FIGURE 1: USG$ Drawn By: Scale: 1 Figure No.: WITHERS ~`~- RAV E N E L TOPOGRAPHIC QUADRANGLE cr ~ ° = 2000 7 ENGINEERS i PLANNERS I SURVEYORS Norwood Road Site 111 MacKenan Drive Cary, North Carolina 27511 Wake County, North Carolina Approved By: Date: Job Number: te1:919-469-3340 fax:919-467-6008 08/03/07 TP 02070280 www.withersravenel.com Bayleaf Quadrangle WITHERS L~~ RAVENEL ENGINEERS PLANNEP,S I SURVEYORS 111 MacKenan Drive Cary, North Carolina 27511 te1:919-469-3340 fax:919-467-6008 www. withersravenel. com Wake County Soil Survey Map Norwood Road Tract Norwood Road 8 Six Forks Road BAYLEAF, NORTH CAROLINA Tne su~fen progeny is approximately 3] acres m size ana s locafea on me noon sme of Norwootl Roaa f5R 1 BJ41,'imme0ialely west of Ine mfersecbon Oi Norwootl ROatl an0 Si+ Forks RoaO !SR 1005). al LaliWtle ~59a4~996 N. anG LOngifutle ]8644t5B9W Drawn By: Scale: Figure No-: ENC 1" = 1320' Z Approved By: Date: Job Number: TP 8/1 /2007 02070280.00 K907\07-02801070280-Grote - Norwoord\GIS15oils.mxtl P-1— Innen - r ro;at:i LOOZ 'W N ,.o 'fnPPanl-CP'd� I�PdW\OVOOIM\SdVn 1JVd"I\OV7\P---N - �IaO-OgZOLO\OBZO-LO\LO\�N O~O~ W A T ~9pG r > ~ O `C Withers and Ravenel Attn: Mr. Todd Preuninger 111 MacKenan Drive Cary, NC 27511 Subject Property: Norwood Road Site Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources April 12, 2007 ~C~f~ q'°~ F® ~1,~h~~s 18700, ~,p ~e/I e~ Alan W. Klimek, P.E. Director Division of Water Quality DWQ EXP# 07-0566 Durham County On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules (ISA NCAC 2B .0233)-EXPRESS REVIEW PROGRAM On April 11, 2007, at your request, an on-site determination was conducted to review four stream features located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The features are labeled as "A" through "D" on the attached map, initialed by Lia Myott on April 12, 2007. The Division of Water Quality (DWQ) has determined that the following: • Feature "A " is an intermittent and a perennial stream and is therefore subject to the Neuse Buffer Rule. From Flag "Al" to Flag "A2" the feature is an intermittent stream. From Flag "A2" to "A3"Feature "A" is not subject to the Neuse Buffer Rule because the stream becomes a drainage pattern in a wetland (a former pond bed). At Flag "A3", the feature reforms into an intermittent stream and then transitions to a perennial stream at Flag "A4". At the base of the dam of the old pond, an intermittent stream (Feature E) exists but it is not subject to the Neuse Buffer Rule. Stream Feature E is a tributary to Stream Feature A. • Feature "B" is an intermittent stream and is therefore subject to the Neuse Buffer Rule from the flag labeled "B 1" to the flag labeled "BZ". At flag "B2" the stream becomes a drainage pattern in a wetland. Feature B scored a 22.25 on the NCDWQ Stream Identification Form. • Feature "C" is an intermittent stream and a perennial stream and is therefore subject to the Neuse Buffer Rule from the flag labeled "Cl". Flag "Cl" is the ephemeral/intermittent point in the stream. At Flag "C2", the intermittent stream becomes a perennial stream at the confluence of two intermittent streams. Feature C scored a 35 on the NCDWQ Stream Identification Form at a point immediately downstream of Flag "C2". The second stream (Feature F) is an intermittent stream that is not subject to the Neuse Buffer Rule since it is shown on neither the USGS Topographic Map nor the Wake County Soil Survey. • Feature "D" is an intermittent stream and is therefore subject to the Neuse Buffer Rule. Stream "D" is intermittent from the flag labeled "Dl". This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWQ that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o Cyndi Karoly, DWQ 401 Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the affected party (including downstream and adjacent landowners} is notified of this decision. This determination is final and binding unless you ask for a hearing within 60 days. This letter only addresses the applicability to the buffer rules of the stream features listed above and does not approve any activity within the buffers or address features that were not observed during the site visit. Nor does 401 Oversight /Express Review Permitting Unit 1650 Maii Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevazd, Suite 250, Raleigh, North Carolina 27604 _ Phone: 919-733.1786 /FAX 919-733-6893 / Internet: http:/lh2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycledll0% Post Consumer Paper N~OC Carolina ~atura!!y Norwood Road Site Page 2 of 2 April 12, 2007 this letter approve any activity within Waters of the United States or Waters of the State. If you have any questions, please contact Lia Myott at 919.733.9502. Sincerely, ~~ Alan W. Klimek, P.E. AWIC/cbk/lem Attachments: NRCS Soil Survey Map, USGS Topo Quad Map, NCDWQ Stream Identification Forms cc: DWQ Raleigh Regional Office File Copy Central Files TopoZone -USGS Bayleaf (NC) Topo Map Page 1 of 1 -~ 0 0.1 0.2 4.3 4.4 0.5 km G G~ro~l~ ~"'1i"^i';i^`?f^j 0 0.09 0.18 0.27 0.36 0.45 mi ~ ~ UTM 17 712172E 3980344N (NAD27) ~j-si~i~ ~>< ~.~~'_.~..; ~ USGS Bayleaf (NC) Quadrangle M=-12.662 FOt ~" Ne,~..Se _ " "~~~° projection is UTM Zone 17 NAD83 Datum G=1.382 ~ A ri b :;; 0"I http://www.topozone.com/print.asp?lat=3 5.94625& lon=-78.64773 &s=25&size=l&u=4&la... 4/ 12/2007 .~ North Carolina Division of Water Quality -Stream Identification Form; Version 3.1 Date: Project: `= . Latitude: Evaluator: Site: ~, Longitude: Total Points: Other ' Stream is at least Intermittent ~ 2 County: e.g. Quad Name: If >_ 19 ar perennial if 230 /~ A. Geomor holo (subtotal = - - _ -,.~' ' ~~ ..:~ ._ ~ -_ - _ . 1a. Continuous bed and bank 0 1. 3 2. Sinuosit ~ 0 ~ 3 3. In-channel structure: riffle-pool sequence 0 1 3 4. Soil texture or stream substrate sorting 0 2 3 5. Acctive/relic floodplain 0 3 6. Depositional bars or benches 2 3 7. Braided channel ; ~1 ~ 2 3 8. Recent alluvial deposits 1 2 3 98 Natural levees 1 2 3 10. Headcuts 2 3 11. Grade controls 0 0. ~ 1 1.5 12. Natural valley or drainageway 0 0.5 1 1.5 13. Second or greater order channel on i n USGS or NRCS map or other documented evidence. No 0 - Yes = 3 Man-made dftches are not rated; ser~e ((d~~lscussions In manual R Hvrlminrtv fSuhtntal = `"i'' 1 .~ 14. Groundwater flow/discharge 0 2 3 15. Water in channel and > 48 hrs since rain, o~ Water in channel - d or rowin season 0 2 3 16. Leaflitter. ~ ~ °1 0.5 0 17. Sediment on lasts or debris .5 1 1.5 18.Organicdebrisiines or piles (Wrack lines) 0 1: .: 1.5 19. Hydric soils (redoximorphic features) present? No = 0 ~ Yes C. Bioloav (Subtotal = ` 20 . Fibrous roots in channel 3 1 0 21 . Rooted plants in channel 3 2 0 22..Crayfish 0 0.5 1.5 23. Bivalves D 1 2 ' ~'3 24. Fish 0.5 1 1:5 25. Amphibians 0.5 1.5~ . 26. Macrobenthos (note diversity and abundance) 0 0. 1 1.5 27. Filamentous algae; periphyton 2 3 28. Iron oxidizing bacteria/fungus. .5 1 1.5 29 . Wetland plants in streambed FAC = 0.5; FACW 0 OBL =1.5 SAV = 2.0; Other = 0 "Items 20 and 21 focus on the presence of upland plants, Item 29 focuses on the pre3'8fica of aquatid or wetland plants. Sketch: Notes: (use back side of this form for additional notes.) .. 1 _ ~- - - - -- - i_ 0~ `~~ ~~ ~:. _ ` '" . . '='~~Y _; ~. North Carolina Division of Water Quality -Stream Identification Form; Version 3.1 Date: Project: Latitude: Evaluator: Site: .. ~~~~~ ongitude: Total Points: Other Stream is at leasf Intermittent ~ County: e.g, Quad Name• if t 19 or erennlai>T 230 A. Georn~r hold subtotal - -~ ~~ - - -- 1a. Continuous bed and bank 0 1 2 - 2. Sinuosity 0 1 3. In-channel structure: riffle-pool sequence 0 1 3 4. Soil texture or stream substrate sorting 0 1 5. Active/relic floodplain 0 2 6. Depositional bars or benches 0 '1 3 7. Braided channel ; 1 2 3 8. Recent alluvial deposits 0 1 3 9 a Natural levees 1 2 3 10. Headcuts 1 2 3 11. Grade controls ~ 1 1.5 12. Natural valley or drainageway 0 1 13. Second or greater order channel on existing l1SGS or NRCS map or other documented evidence. ~ No Yes = 3 ° Man-made ditches are not rated; see dlscusslons m manual Q tJve+rninnv /C .ti+n+~l - 7 1 14. Groundwater flow/discharge 0 1 2 15. Water in channel and > 48 hrs since rain, os Water in channel - d or rowin season 0 1 2 3 16. Leaflitter: ~ 1.5 0.5 0 17. Sediment on plants or debris 0 1 1.5 18.Organic debris lines or Iles (Wrack lines) 0 0.5 1.5 19. Hydric soils (redoximorphic features} present? No = 0 Yes 1. v f _ Rinlnnv /Snhtnfal o I ~ 1 20 . Fibrous rooms in channel 2 1 0 21 . Rooted plants in channel 3 2 1 0 22..Crayflsh ~ 0 0.5 1.5 23. Bivalves 0 ~ 1 3 24. Fish 0.5 1.5. 25. Amphibians 0.5 1 1.5 26. Macrobenthos (note diversity and abundance) 0.5 1.5 27. Filamentous algae; periphyton 1 2 3 28. Iron oxidizing bacteria/fungus. 0 1 1.5 29 . Wetland plants in streambed FAC = 0.5; FACW = 0.75; OBL = t. SAV = 2.0; Other = 0 "Items 20 and 21 focus on the presence of upland plants, Item 29 focuses on the presence of aqualic'6r wenand plants. Sketch: Notes: (use back side of this fonn for addftionai notes.) 1 ~S ~~~ i~ •,~ ~~~ N1A. North Carotins FsvirortMeRtai �, Management Goma!,-don 1 Jiv' 0n Cs'{:r�,rr �',� CO Ca A = Subject from flag Al to A2 (Intermittent), Not Subject from flag A2 to A3 (Wetland), Subject at flag A3 00 (Intermittent), flag A4 is the Intermittent/Perennial point. 00 B = Subject from flag 131 to B2 (Intermittent), at flag B2 VY m E ME the feature becomes a wetland. V C = Subject at flag C1 (Intermittent), Perennial at flag C2. D = Subject at flag D1 (Intermittent). QD E = Not Subject — Intermittent stream begins at base of ; ;( old pond dam, but feature A is deemed more important. APC F =Not Subject — Intermittent stream, but consultant / a agrees with DWQ that stream C is more important. ICn . ApC2 Ly o r, �� • Ag B2 N • ) 0 PD Ce82 i V'' B2 �,}i •: .5 Y 3 ApB2 C2 l M ^ y bti r 1fM $lerl MI. ChJ 1 f 03 Stap Cn --__.,. /~ f03 Start CA N1- Flags 33-37 / \ f06 Stop Cn J __ ~ ___.___-._-_.._ -_-___ , fUT Stets Ch 1 AI Stsrt Perennls! Channel 7t ~ --- \ • A Z \ i()B Slop Ch yyL Flags ~ --\ ~ ~\ ~ i ~ ~~ (( i •~-• • 1 •. 1 39b TT PL ,, - ~ r i. __._.__.___... ._.... -r; _ ~ ~ - 102 SI~Ch I `.._1-Z.-- ~\J ~ t,w. t ~ ' ~ lNL FI s - -_~.- ~ WL FI 29GL-32CL ~ ~ -~ I~ ~' CMnrtel Starts ofl ^,~_ Property of Flaq Al ~ I.. 729 Ti B2A _ 1 ~ ~~~.~ _..__ 50 Foot Neuse Riparian 9ul-er - \B_ ~~~. \ 39A TT CH ~~ - - J ~•'~ ~~ FMp as SfW Charlrrel I `~ Irrf Ch Sfaris at II ! ~~ I B 1 ann Stcws of 6Y_J t _ .... ;:. ~D •t~ _.~ ~. \ ~ Start Perennial OA~ J -, _ ---- D1,f0f startCh , ~ . •, C,~ . r \ •...~ \ • ~~ \ _ •~ \~ SetK _ ~ too Skirt m1 cn (Hot BufTerea/ \ --:~ ~ ~Cii ~ ~ ' ~~' C1 SfAA /nl Ch WL FIegs OtnS i Inset `. ~ 27-28 ~ i ~ -22.2 J ~ ~--- `. 1 - --- l 24-26 J ~ , -, _ _~, '~ 20-21 ',~: , ,; _ ,~. I I 100 Start Channel 101 TT Ch l ~~ l ti TT Ch ~______ ___~ ~~'i!' .. ~, ~ __ .l. ~. •-- --- - - ,~_. , -~ C1 Start Ch, All features shown on this Wetland Sketch Map are approximations and are subject to change upon completion o/site meetings with the NC-DWQ and USACE or as the result of additional /field work. WITHERS ~~ RAVENEL EN(iINF.ERS I PLANNERS i SURVEYORS 1 l7 MacKenan Dove Cary. North Car[Alna 27,517 felyl9-J69-3340 lax.919-467-6008 www wrthersravenalcorn a f.opend • ~ • Fletremeal Sfreem CmM1mtW ny f/le NGDWQ; rnusl be cvnflmred 6y fbe USACE • • ~ Intsrnwfeut Stream CartTimred by tM HC-0W0: rrruW be cvnhrrrtsrl by B>. USACE •-- -+ Inprrrlreera Stream Nd Subpd fa tM Buller 17uNs Currermed by Ilte HC-pWb: must ne cnnPoneA ny tha USAGE '~ ~ ~ NMlarrds Must !re conM1rntecl by the USACE FIGURE 3: Wetland °'eW" ey `"B'® Flqule "" Sketch Map l.T ,~~ _ ~~~~ 3 Norwood Road Slte Wake County, North Carolina Approved By. Defe Job Number TP fl/U1/07 (12U7UZf~U DATA FORM #1 ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project /Site: W&R Project # - Date: 8-1-7 Applicant/Owner: County: Wake State: NC Investigator: Elizabeth Cartier Do normal circumstances exist on the site? Yes ~ IVo /s the site significantly disturbed (Atypical situation)? Yes [~ IVo ~ Community ID Is the area a potential problem area? Yes II IVo Transect ID: -- (explain on reverse if needed) PIotID: Inside WL Flag 15 VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Boehmeria cyclindrica Herb FACW+ 9. _ 2. Cornus amomum Tree FACW+ 10. 3. Eulalia viminea Herb FAC 11. 4. Magnolia virginiana Tree FACW+ 12. 5. Juncus sp. Herb FACW 13. 6. Liquidambar styraciflua Tree FAC 14. 7. liriodendron tulipifera Tree FAC 15. _ 8. Alnus semzlata Shrub FACW+ 16. _ Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC ). 100 Remarks: Hydrophytic Vegetation Present HYDROLOGY II Recorded Data (Describe In Remarks): Wetland Hydrology Indicators II Stream, Lake, or Tide Gauge II Aerial Photographs Primary Indicators: L1 Other II Inundated Saturated in Upper 12" No Recorded Data Available II Water Marks II Drift Lines Field Observations: II Sediment Deposits II Drainage Patterns in Wetlands Depth of Surface Water: NA (in.) Secondary Indicators: Depth to Free Wafer in Pit: NA (in.) ~ Oxidized Roots Channels in Upper 12" II Water-Stained Leaves Depth to Saturated Soil: 06 (in.) II Local Soil Survey Data FAC-Neutral Test II Other (Explain in Remarks) Remarks: Hydrology Indicators Present SOILS Map Unit Name (Series and Phase): CeD Cecil Sandy Loam Drainage Class: Well Drained Taxonomy (Subgroup): Typic hapludults Confirm Mapped Type? Yesr] NoII Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Norizon (Munsel/ Moistl (Munsell Moist) Abundance/Contrast Structure, etc. 0-4" l OYR 4/2 7.SYR 4/4 Sandv Loam 5-12" lOYR 5/1 lOYR 5/6 Sandv Loam Hydric Soil Indicators: II Histoso/ II Concretions II Histic Epipedon II High Organic Content in Surface Layer in Sandy Soils II Sultidic Odor Organic Streaking in Sandy Soils II Aquic Moisture Regime Listed On Local Hydric Soils List Reducing Conditions Listed on National Hydric Soils List Gleyed or Low-Chroma Colors II Other (Explain in Remarks) Remarks: Hydric Soils Present WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes ~ No II Wetland Hydrology Present? Yes ~ No II Hydric Soi/s Present? Yes ~ No ^ Is the Sampling Point Within a Wetland? Yeses NoII Remarks: DATA FORM #2 ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project/ Sife: W&R Project # - Date: 8-1-7 Applicant /Owner: County: Wake State: NC Investigator: Elizabeth Cartier Do normal circumstances exist on the site? Yes ~ No II Is the site significantly disturbed (Atypical situation)? Yes II IVo ~ Community ID /s the area a potential problem area? Yes II No Transect ID: -- (explain on reverse if needed) PIotID: Outside WL Flab 15 VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Acer rubrum Herb FAC 9. 2. Liriodendron tulipifera Tree FAC 10. _ 3. Eulalia viminea Herb FAC 11. 4. Vitis rotundifolia Vine FAC 12. _ 5. Ouercus alba Tree FACU 13. 6. Polystichum acrostichoides Herb FAC 14. 7. _ 15. _ 8. _ 16. _ _ Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC ). 83% Remarks: Hydrophytic Vegetation Present HYDROLOGY II Recorded Data (Describe In Remarks): Wetland Hydrology Indicators II Stream, Lake, or Tide Gauge ^ Aerial Photographs Primary Indicators: II Other II Inundated Saturated in Upper 12" No Recorded Data Available [~ Water Marks II Drift Lines Field Observations: II Sediment Deposits II Drainage Patterns in Wetlands Depth of Surface Wafer: NA (in.) Secondary Indicators: Depth to Free Water in Pit: NA (in.) II Oxidized Roots Channels in Upper 12" II Water-Stained Leaves Depth to Saturated Soil: NA (in.) ^ Local Soil Survey Data FAC-Neutral Test II Other (Explain in Remarks) Remarks: Hydrology Indicators Absent SOILS Map Unit Name (Series and Phase): CeD Cecil Sandy Loam Drainage Class: Well Drained Taxonomy (Subgroup): Typic hapludults Confirm Mapped Type? Yesr] NoII Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moistl (Munsell Moist) Abundance/Contrast Structure, etc. 0-10" 7.SYR 5/6 Clay Loam 10-12" 7.SYR 5/3 Clay Loam Hydric Soil Indicators: [l Histoso/ ^ Concretions Histic Epipedon ^ High Organic Content in Surface Layer in Sandy Soils Sultidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime [Listed On Local Hydric Soils List Reducing Conditions [Listed on National Hydric Soils List Gleyed or Low-Chroma Colors II Other (Explain in Remarks) Remarks: Hydric Soils Absent WETLAND DETERMINATION Hydrophyfic Vegetation Present? Yes ~ No II Is the Sampling Point Wetland Hydrology Present? Yes II No ~ Within a Wetland? YesII Nom Hydric Soils Presenf? Yes II No ~ Remarks: WITf-IEIaS ~~ RAVEI®tE1.6 ENGINEERS ! PLANNERS I SURVEYORS 111 MacKenan Drive Cary, North Carolina 27511 te1:919-469-3340 fax:919-467-6008 wv/w.withersravenel.com Wake County Soil Survey Map Norwood Road Tract Norwood Road & Six Forks Road BAYLEAF, NORTH CAROLINA Tne sutl~tei properly is approximately J] acres in size cacao co ine oorrn sae or No~+ooo Roatl IsR 1 oaar. ~mmeo~aiely .~esi or ine ~orersecuon or N~nvcctl Roatl antl Six Forks Roatl i5R 10051. al Latiw Je 159PJ~9~5 N, antl Longilutle id 6~-11519 `.v Drawn By: Scale: Figure No.: ENC 1" = 1320' 2 Approved By: Date: Job Number: TP 8/1/2007 02070280.00 K: \U /\U /-028U\O /U2tlU-Grote - NorwoorA\G IS\SOilS.mxtl D7/101 SI .` lliset '~.~ 27-28 ---._ i `-~-,, . •` - ~ 124-26 j .` i" J •~ ~`~-- ~._.___ _____ , fi„ 16 TT Ch . - ,~, . • .,,~ ,t i __ ~ u art Ch _:.:~ - ~, -._ ,ili« ! 22-23 { _1 ~ 17-19 ~ ~~ .. 20-21 r-'~l J----_ _,~ _~ 100 Start Channel I All features shown on this Wetland Sketch Map are approximations and are subject to change upon completion of site meetings with the NC-DWQ and USACE or as the result of additional field work, WITHERS ~~~ RAVENEL ENGINEERS I PLANNERS ~ SURVEYORS 111 MacKenan Drive Cary, North Carolina 27511 tel; 919-469-3340 (ax: 919-467-6008 www withersravenel. com Legend • ~ • Perennial Stream Con/firmed by the NC-DWQ; must be confirmed by the USACE. • • ~ Intermitent Stream Confirmed by the NC-DWQ; must be confirmed by the USACE. - ~ Intermittent Stream Not Subject to the Butter Rules Con/firmed by fhe NC-DWQ; must be confimed by the USACE. ~~.' _._ Wetlands Must be confirmed by the USACE. FIGURE 3: Wetland Drawn By: Scale Figure No Sketch Map ~T ,..=200. 3 Norwood Road Site Wake County, North Carolina Approved By: Date: Job Number: TP 8/01/07 02070280 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV 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: Wake City: Bayleaf Center coordinates of site (lat/long in degree decimal format): Lat. 35.9443946° ,Long. 78.6441539°. Universal Transverse Mercator: Name of nearest waterbody: Lower Bartons Creek Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: Neuse River Name of watershed or Hydrologic Unit Code (HUC): 03020201 Check if map/diagram of review area and/or potential jurisdictional areas is/are 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: ^ Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Appear to be no "navigable waters of the U.S."within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required) ^ Waters subject to the ebb and flow of the tide. ^ Waters are presently used, or have been used in the past, or maybe susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There ire "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 waters2 (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 ^ 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: l OO linear feet: ] -2width (ft) and/or NA acres. Wetlands: <1 acres. c Limits (boundaries) of jurisdiction based on: X987 Delinegt3on. Manual Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):' Potentially jurisdictional waters and/or wetlands were assessed within the review area and detemuned to be not jurisdictional. Explain: Boxes checked below shall be supported by completing the appropriate sections in Section III below. z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). ' 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 III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. TNW Identify TNW: NA. Summarize rationale supporting determination: Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": NA. 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, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. 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 waterbody° 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 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 a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.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.C below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 14 acres Drainage area: 14 acres Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ^ Tributary flows directly into TNW. ® Tributary flows through tributaries before entering TNW. Project waters are 5=1,0 river miles from TNW. Project waters are ~ {nir-~Icss) river miles from RPW. Project waters are Z<5 acnal (straight) miles from TNW. Project waters are j (or;fes&) aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: N/A. Identify flow route to TNWS: Stream flows into Bartons Creek which flows into the Nesue River in Falls Lake. Tributary stream order, if ]mown: I st. ° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid West. 5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. (b) General Tributary Characteristics (check all that aoolv): Tributary is: ®Natural ^ Artificial (man-made). Explain: ^ Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: 1-2 feet Average depth: <1 feet Average side slopes: 2:7~. Primary 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: Presence of run/riffle/pool complexes. Explain: Few. Tributary geometry: Meab7er n , Tributary gradient (approximate average slope): N/A (c) Flow: Tributary provides for: i[htermitteht~ut nokseasonal ilow~ Estimate average number of flow events in review area/year: Zll-(orgreater) Describe flow regime: Flows outside the growing season. Other information on duration and volume: Surface flow is: Confined. Characteristics: Subsurface flow: LJnlcnown. Explain findings: ^ Dye (or others 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.' 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: Water color was clear. 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 undergound, 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: wetlands are abutting the stream channel. ^ Habitat for: ^ Federally Listed species. Explain findings: ^ Fish spawn areas. Explain findings: ^ Other environmentally-sensitive species. Explain findings: ^ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size:<1 acres Wetland type. Explain:Forested/herb.. Wetland quality. Explain: moderate quality, they formed in the foot print of drained pond. Project wetlands cross or serve as state boundaries. Explain: N/A. (b) General Flow Relationship with Non-TNW: Flow is: lnterr~}ittentftow Explain: Surface flow is: IOverland sheetflow Characteristics: Subsurface flow: [inknown. 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 berm/barrier. Explain: (d) Proximity_(Relationshipl to TNW Project wetlands arc 5-10 river miles from TNW. Project waters arc ~-5 acrid fstraiehtl miles from TNW. Flow is from: Wetland to navigable waters. Estimate approximate location of wetland as within the 500-,year or greater 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: Clear. Identify specific pollutants, if known: N/A. (iii) Biological Characteristics. Wetland supports (check all that apply): ® Riparian buffer. Characteristics (type, average width): ® Vegetation type/percent cover. Explain:100%. ^ 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 an ) All wetland(s) being considered in the cumulative analysis: Approximately (<1) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N2 Size (in acres) less than 1 Y 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 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 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: 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 III.D: 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: 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 WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ^ TNWs: linear feet width (ft), Or, acres. ^ Wetlands adjacent to TNWs: acres. 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: Provide estimates for jurisdictional waters in the review area (check all that apply): g{ Tributary waters: 100 linear feet i-2 width (ft). ^ Other non-wetland waters: acres. Identify type(s) of waters: Non-RPWsB that flow directly or indirectly into TNWs. 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 III.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: 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 III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Presence of hydric soil, hydrology, and hydrophytic vegetation were present. Provide acreage estimates for jurisdictional wetlands in the review area: <1 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. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ^ 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. Impoundments of jurisdictional waters.9 Ac 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):10 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. ^ Interstate isolated waters. Explain: ^ Other factors. Explain: Identify water body and summarize rationale supporting determination: $See Footnote # 3. 9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10 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 Jurisdiction Following Rapanos. 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: Bayleaf Quad. ® USDA Natural Resources Conservation Service Soil Survey. Citation: . ^ National wetlands inventory map(s). Cite name: ^ State/Local wetland inventory map(s): ^ FEMA/FIRM maps: ^ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ^ Photographs: ^ Aerial (Name & Date): 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: This form is for Feature Al on the attached sketch map upstream of its confluence with feature B. This form outlines a Intermittent Stream with Abutting wetlands. Intermittent determination was made by Lia Myott of the NC-DWQ. APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV 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: Wake City: Center coordinates of site (lat/long in degree decimal format): Lat. 35.9443946° ~±, Long. 78.6441539° V1'. Universal Transverse Mercator: Name of nearest waterbody: Bartons Creek Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: Neuse River Name of watershed or Hydrologic Unit Code (HUC): 03020201 Check if map/diagram of review area and/or potential jurisdictional areas is/are 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: Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Appear to be no "navigable waters of the U.S."within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the revic~~ area. [Required] ^ Waters subject to the ebb and flow of the tide. Waters are presently used, or have been used in the past, or maybe 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 waters2 (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 ^ 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: 75 linear feet: 1-2width (ft) and/or NA acres. Wetlands: <I/2 acres. c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Itlanual Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):' ^ 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. ~ For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). ' 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 III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: NA. Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": NA. 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 Rapanoshave 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, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. 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 waterbody° 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 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 a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.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.C below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 20 acres Drainage area: 20 acres Average annual ratntall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ^ Tributary flows directly into TNW. ® Tributary flows through 3' tributaries before entering TNW. Project waters are 5-10 river miles from TNW. Project waters are 1 (orless) river miles from RPW. Project waters are 2-5 acri,~l (straight) miles from TNW. Project waters are 1 (or less) aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: N/A. Identify flow route to TNWS: Stream flows into Bartons Creek which flows into the Nesue River in Falls Lake. Tributary stream order, if known: 1st. ° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the grid West. s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. (b) General Tributary Characteristics (check all that apnlv): Tributary is: ®Natural ^ Artificial (man-made). Explain: ^ Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: 1-3 feet Average depth: <1 feet Average side slopes: Pick List. Primary 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: Presence of run/riffle/pool complexes. Explain: Very Few. Tributary geometry: Meandering: Tributary gradient (approximate average slope): N/A (c) Flow: Tributary provides for: Seasonal flow Estimate average number of flow events in review area/year: 20 (or greater) Describe flow regime: Flows throughout the majority of the year. Other information on duration and volume: Surface flow is: Confined. Characteristics: Subsurface flow: tlnknonn. 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): 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 ^ Discontinuous OHWM.' Explain: If factors other than the OHWM were used to determ High Tide Line indicated by: ^ ^ oil or scum line along shore objects ^ fine shell or debris deposits (foreshore) ^ physical markings/characteristics ^ tidal gauges ^ other (list): ine lateral extent of CWA jurisdiction (check all that apply): Mean High Water Mark indicated by: ^ survey to available datum; ^ physical markings; ^ vegetation lines/changes in vegetation types. (iii) Cbenucal Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Water color was clear. 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: wetlands are abutting the stream channel. ® Habitat for: ^ Federally Listed species. Explain findings: ^ Fish/spawn areas. Explain findings: ^ Other environmentally-sensitive species. Explain findings: ® Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size:<1/2 acres Wetland type. Explain:Forested/herb.. Wetland quality. Explain: moderate quality, wetlands located parallel to stream channel. Project wetlands cross or serve as state boundaries. Explain: N/A. (b) General Flow Relationshiy with Non-TNW: Flow is: Perennial flow. Explain: Surface flow is: Overland sheetilow Characteristic Subsurface flow: Unknown. 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 berm/barrier. Explain: (d) Proximityy~Relationship) to TNW Project wetlands are 5-10 river miles from TNW. Project waters arc 2-5 ~icrial (straight) miles from TNW. Flow is from: Wctlaud to navigable svatcrs. Estimate approximate location of wetland as within the 500-year or greater 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: Clear. Identify specific pollutants, if known: N/A. (iii) Biological Characteristics. Wetland supports (check all that apply): ® Riparian buffer. Characteristics (type, average width): ® Vegetation type/percent cover. Explain:100%. ® 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: Approximately (<1 /2) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres Directly abuts? (Y/Nl Size (in acres) less than 1/2 Y 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 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 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: 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 III.D: 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 WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ^ TNWs: linear feet width (fl), Or, acres. Wetlands adjacent to TNWs: acres. 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: Q' 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: Provide estimates for jurisdictional waters in the review area (check al] that apply): Tributary waters: 800 linear feet 1-3 width (ft). Other non-wetland waters: acres. Identify type(s) of waters: 3. Non-RPWss that flow directly or indirectly into TNWs. ~} Waterbody that is not a TNW or an 12PW, 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 IILC. 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 1ZPW: Presence of Hydric Soil, Hydrology, and Hydrophytic vegeation. Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an 1tPW: Provide acreage estimates for jurisdictional wetlands in the review area: <I 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 1tPW, 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 IILC. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. 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 IILC. 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):10 which are or could be used by interstate or foreign travelers for recreational or other purposes. ^ from which fish or shellfish are or could betaken and sold in interstate or foreign commerce. which are or could be used for industrial purposes by industries in interstate commerce. ^ Interstate isolated waters. Explain: ^ Other factors. Explain: Identify water body and summarize rationale supporting determination: BSee Footnote # 3. v To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10 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 Jurisdiction Following Rapanos. 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 al ^ Non-wetland waters (i.e., rivers, streams ^ Lakes/ponds: acres. Other non-wetland waters: acres. ^ Wetlands: acres. SECTION IV: DATA SOURCES. that apply): linear feet, width (ft). List type of aquatic resource: 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: Lakewheeler Quad. ® USDA Natural Resources Conservation Service Soil Survey. Citation: . National wetlands inventory map(s). Cite name: ^ State/Local wetland inventory map(s): ^ FEMA/FIRM maps: ^ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ^ Photographs: ^ Aerial (Name & Date): 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 COMMENTSTO SUPPORT JD: This form is for Feature A2, downstream of the confluence of Features A and B on the attached sketch map . This form outlines a Perennial Stream with Abutting wetlands that stops (goes underground) and starts periodically. Perennial determination was made by Lia Myott of the NC-DWQ. APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV 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: Wake City: Center coordinates of site (lat/long in degree decimal format): Lat. 35.9443946° N, Long. 78.6441539° . Universal Transverse Mercator: Name of nearest waterbody: Bartons Creek Name of nearest Traditional Navigable Water (TNW) lnto which the aquatic resource flows: Neuse River Name of watershed or Hydrologic Unit Code (HUC): 03020201 ~( Check ifmap/diagram of review area and/or potential jurisdictional areas is/are 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: ^ Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Appear to be no "navigable waters of the US." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] ^ Waters subject to the ebb and flow of the tide. ^ 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 US." 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): r ^ 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 ^ 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: 75 linear feet: 1-2width (ft) and/or NA acres. Wetlands: <1/2 acres. c. Limits (boundaries) of jurisdiction based on: ]987 Delineation Manual Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable): ^! 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. Z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). ' 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 III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: NA. Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": NA. 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, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. 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 waterbody° 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 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 a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.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.C below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 5 acres Drainage area: 5 acres Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ^ Tributary flows directly into TNW. ® Tributary flows through tributaries before entering TNW. Project waters are 5-10 river miles from TNW. Project waters are 1 (orless) river miles from RPW. Project waters are 2-5 aerial (straight) miles from TNW. Project waters are 1 (or less) aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: N/A. Identify flow route to TNWS: Stream flows into Bartons Creek which flows into the Nesue River in Falls Lake. Tributary stream order, if known: 1st. ° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid West. s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. (b) General Tributary Characteristics (check all that apply): Tributary is: ®Natural ^ Artificial (man-made). Explain: ^ Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: 1-2 feet Average depth: <1 feet Average side slopes: Pict: List. Primary 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: Presence of run riffle/pool complexes. Explain: Very Few. Tributary geometry: Me.mdering Tributary gradient (approximate average slope): N/A (c) Flow: Tributary provides for: Seasonal flow Estimate average number of flow events in review area year: Pick List Describe flow regime: Flows outside the growing season. Other information on duration and volume: Surface flow is: Contined. 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.' 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; ^ ftne 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: Water color was clear. 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: wetlands are abutting the stream channel. ^ Habitat for: ^ Federally Listed species. Explain findings: ^ Fish/spawn areas. Explain findings: ^ Other environmentally-sensitive species. Explain findings: ^ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) Genera] Wetland Characteristics: Properties: Wetland size:<1/2 acres Wetland type. Explain:Forested/herb.. Wetland quality. Explain: moderate quality, they formed in the foot print of drained pond. Project wetlands cross or serve as state boundaries. Explain: N/A. (b) General Flow Relationship with Non-TNW: Flow is: Intermittent flnw. Explain: Surface flow is: Overland siieetlloW Characteristics: Subsurface flow: Cnknown. 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 berm barrier. Explain: (d) Proximity~Relationship) to TNW Project wetlands arc 5-10 river miles from TNW. Project waters arc 2-5 aerial (straight) miles from TNW. Flow is from: ~i'etland to navigable fs~aters. Estimate approximate location of wetland as within the 500-,year or greater 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: Clear. Identify specific pollutants, if ]mown: N/A. (iii) Biological Characteristics. Wetland supports (check all that apply): ® Riparian buffer. Characteristics (type, average width): ® Vegetation type/percent cover. Explain:100%. ^ 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: 1 Approximately (<1 /2) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) less than 1/2 Y 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 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 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 III.D: 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 IILD: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ^ TNWs: linear feet width (ft), Or, acres. ^ Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. ^ Tributaries of TN Ws 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: Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: 50 linear feet I-2 width (ft). Other non-wetland waters: acres. Identify type(s) of waters: 3. Non-RPWss that flow directly or indirectly into TNWs. ^ 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 IILC. 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 III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Presence of hydric soil, hydrology, and hydrophytic vegetation were present. Provide acreage estimates for jurisdictional wetlands in the review area: <I 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 IILC. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. 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 IILC. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of ajurisdictional 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):10 ^ 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. ^ Interstate isolated waters. Explain: Other factors. Explain: Identify water body and summarize rationale supporting determination: 9See Footnote # 3. To complete the analysis refer to the key in Section II].D.6 of the Instructional Guidebook. 10 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 Jurisdiction Following Rapanos. 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: Lakewheeler Quad. ® USDA Natural Resources Conservation Service Soil Survey. Citation: . ^ National wetlands inventory map(s). Cite name: ^ State/Local wetland inventory map(s): ^ FEMA/FIRM maps: ^ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: ^ Aerial (Name & Date): 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: This form is for Feature B on the attached sketch map . This form outlines a Intermittent Stream with Abutting wetlands. Intermittent determination was made by Lia Myott of the NC-DWQ. APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV 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: Wake City: Center coordinates of site (lat/long in degree decimal format): Lat. 35.9443946° N. Long. 78.6441539° ''. Universal Transverse Mercator: Name of nearest waterbody: Bartons Creek Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: Neuse River Name of watershed or Hydrologic Unit Code (HUC): 03020201 Check if map/diagram of review area and/or potential jurisdictional areas is/are 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: ^ Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Appear to be no "navigable waters of the U.S."within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] ^ Waters subject to the ebb and flow of the tide. ^ 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 ^ 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: 400 linear feet: 1-3width (ft) and/or NA acres. Wetlands: acres. c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable): 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. Z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). ' Supporting documentation is presented in Section IILF. 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 III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: NA. Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": NA. 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 Rapa~os 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, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section IILD.4. 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 waterbody4 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 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 a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.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.C below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: acres Drainage area: acres Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ^ Tributary flows directly into TNW. ^ Tributary flows through Pick List tributaries before entering TNW. Project waters are Pick List river miles from TNW. Project waters are Pick List river miles from RPW. Project waters are Pick I .ist aerial (straight) miles from TNW. Project waters are PickList aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: N/A. Identify flow route to TNWS: Tributary stream order, if known: Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid West. s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. (b) General Tributary Characteristics (check all that apply): Tributary is: ^ Natural ^ Artificial (man-made). Explain: ^ Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Pick List. Primary 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: Presence of run/riffle/pool complexes. Explain: Very Few. Tributary geometry: Pick List Tributary gradient (approximate average slope): N/A (c) Flow: Tributary provides for: Pick List Estimate average number of flow events in review area year: Pick List Describe flow regime: Flows outside of the growing season. Other information on duration and volume: Surface flow is: PickLisY. Characteristics: Subsurface flow: Pick List. 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): 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 ^ Discontinuous OHWM.~ Explain: If factors other than the OHWM were used to determ ^' High Tide Line indicated by: ^' ^ oil or scum line along shore objects ^ fine shell or debris deposits (foreshore) ^ physical markings/characteristics ^ tidal gauges ^ other (list): ine lateral extent of CWA jurisdiction (check all that apply) Mean High Water Mark indicated by: ^ survey to available datum; ^ physical markings; ^ vegetation lines/changes in vegetation types. (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: 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: wetlands are abutting the stream channel. ^ Habitat for: ^ Federally Listed species. Explain findings: ^ Fish/spawn areas. Explain findings: ^ Other environmentally-sensitive species. Explain findings: ^ Aquatic/wildlife diversity. Explain findings: 2. 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 Adiacencv Determination with Non-TNW: ^ Directly abutting ^ Not directly abutting ^ Discrete wetland hydrologic connection. Explain: ^ Ecological connection. Explain: ^ Separated by berm barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Pick LisC 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: Clear. Identify specific pollutants, if known: N/A. (iii) Biological Characteristics. Wetland supports (check all that apply): ^ Riparian buffer. Characteristics (type, average width): ^ Vegetation type/percent cover. Explain:100%. ^ 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 (<1/4) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) 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 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 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 III.D: 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 WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ^ TNWs: linear feet width (ft), Or, acres. ^ Wetlands adjacent to TNWs: acres. 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: Q 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: Provide estimates for jurisdictional waters in the review area (check all that apply): 0 Tributary waters: 400 linear feet 1-3 width (ft). ^ Other non-wetland waters: acres. Identify type(s) of waters: 3. Non-RPWsB that flow directly or indirectly into TNWs. g~i 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 III.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: mad Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section IILB and rationale in Section IILD.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Presence of hydric soil, hydrology, and hydrophytic vegetation were present. Provide acreage estimates for jurisdictional wetlands in the review area: <I 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. ^ 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):10 ^ 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. ^ Interstate isolated waters. Explain: ^ Other factors. Explain: Identify water body and summarize rationale supporting determination: eSee Footnote # 3. ' To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10 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 Jurisdiction Following Rapanos. 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: Lakewheeler Quad. ® USDA Natural Resources Conservation Service Soil Survey. Citation: . ^ National wetlands inventory map(s). Cite name: ^ State/Local wetland inventory map(s): ^ FEMA/FIRM maps: ^ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ^ Photographs: ^ Aerial (Name & Date): 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: This form is for Feature C2, downstream of the confluence of Features C and F on the attached sketch map . This form outlines a Perennial Stream. Perennial determination was made by Lia Myott of the NC-DWQ. APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV 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: Wake City: Center coordinates of site (ladlong in degree decimal format): Lat. 35.9443946° N, Long. 78.6441539° ~. Universal Transverse Mercator: Name of nearest waterbody: Bartons Creek Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: Neuse River Name of watershed or Hydrologic Unit Code (HUC): 03020201 Check if map/diagram of review area and/or potential jurisdictional areas is/are 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: ^ Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Appear to be no "navigable waters of the U.S."within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required ^ Waters subject to the ebb and flow of the tide. 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 ^ 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: 200 linear feet: 1-2width (ft) and/or NA acres. Wetlands: <I/4 acres. c. Limits (boundaries) of jurisdiction based on: 19$7 Delineation-Manual Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):3 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. Z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). '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 III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section IILD.i.; otherwise, see Section III.B below. 1. TNW Identify TNW: NA. Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": NA. 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 Rapanoshave 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, skip to Section IILD.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. 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 waterbody' 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 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 a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section IILC below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 4-5 acres Drainage area: 4-5 acres Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ^ Tributary flows directly into TNW. ® Tributary flows through ~ tributaries before entering TNW. Project waters are 5-10 river miles from TNW. Project waters are 1 (or less) river miles from RPW. Project waters are 2-S aerial (straight) miles from TNW. Project waters are 1 (or less) aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: N/A. Identify flow route to TNWS: Stream flows into 2 UT of Bartons Creek into Bartons Creek which flows into the Nesue River in Falls Lake. ° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid West. s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. Tributary stream order, if known: 1st. (b) General Tributary Characteristics (check all that apply): Tributary is: ®Natural ^ Artificial (man-made). Explain: ^ Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: 1-2 feet Average depth: <1 feet Average side slopes: Pick last. Primary 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: Presence of run/riffle/pool complexes. Explain: Very Few. Tributary geometry: Ibt ea n d eri n Tributary gradient (approximate average slope): N/A (c) Flow: Tributary provides for: Seasonal tlo~~~ Estimate average number of flow events in review area year: 20 {oi• ;,~reatcr) Describe flow regime: Flows outside of the growing season. Other information on duration and volume: Surface flow is: Confined. 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): 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 ^ Discontinuous OHWM.' Explain: If factors other than the OHWM were used to determ ^ High Tide Line indicated by: ^' ^ oil or scum line along shore objects ^ fine shell or debris deposits (foreshore) ^ physical markings/characteristics ^ tidal gauges ^ other (list): ine lateral extent of CWA jurisdiction (check all that apply) Mean High Water Mark indicated by: ^ survey to available datum; ^ physical markings; ^ vegetation lines/changes in vegetation types. (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Water color was clear. 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: wetlands are abutting the stream channel. ^ Habitat for: ^ Federally Listed species. Explain findings: ^ Fish/spawn areas. Explain findings: ^ Other environmentally-sensitive species. Explain findings: ^ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size:<1/4 acres Wetland type. Explain:Forested/herb.. Wetland quality. Explain: moderate quality, wetlands located parallel to stream channel. Project wetlands cross or serve as state boundaries. Explain: N/A. (b) General Flnw Relationship with Non-TNW: Flow is: Intermittent flow. Explain: Surface flow is: Overlandsheettlow Characteristics: Subsurface flow: Unknown. Explain findings: ^ Dye (or other) test performed: (c) Wetland Adiacency Determination with Non-TNW: ® Directly abutting ^ Not directly abutting ^ Discrete wetland hydrologic connection. Explain: ^ Ecological connection. Explain: ^ Separated byberm/barrier. Explain: (d) Proximity~Relationship) to TNW Project wetlands are 5-10 river miles from TNW. Project waters arc 2-5 aerial (straiehtl miles from TNW. Flow is from: ~y'etland to navigable rr stets. Estimate approximate location of wetland as within the 500-,year or greater 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: Clear. Identify specific pollutants, if known: N/A. (iii) Biological Characteristics. Wetland supports (check all that apply): ® Riparian buffer. Characteristics (type, average width): ® Vegetation type/percent cover. Explain:100%. ^ 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: 1'. Approximately (<1/4) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) less than I/4 Y 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 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 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 III.D: 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 IILD: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: [' TNWs: linear feet width (ft), Or, acres. ^ 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: Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: 200 linear feet 1-2 width (ft). [] Other non-wetland waters: acres. Identify type(s) of waters: 3. Non-RPWsB that flow directly or indirectly into TNWs. ^', 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 IILC. 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 IILB and rationale in Section IILD.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Presence of hydric soil, hydrology, and hydrophytic vegetation were present. Provide acreage estimates for jurisdictional wetlands in the review area: cl 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 IILC. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ^ 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 IILC. 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):io ^ 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. ^ Interstate isolated waters. Explain: ^ Other factors. Explain: Identify water body and summarize rationale supporting determination: eSee Footnote # 3. To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10 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 Jurisdiction Following Rapanos. 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: Lakewheeler Quad. ® USDA Natural Resources Conservation Service Soil Survey. Citation: . ^ National wetlands inventory map(s). Cite name: ^ State/Local wetland inventory map(s): ^ FEMA/FIRM maps: ^ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ^ Photographs: ^ Aerial (Name & Date): 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: This form is for Feature Cl, upstream of the confluence of Features C and F on the attached sketch map . This form outlines a Intermittent Stream with Abutting wetlands. Intermittent determination was made by Lia Myott of the NC-DWQ. APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV 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: Wake City: Center coordinates of site (lat/long in degree decimal format): Lat. 35.9443946° 1V, Long. 78.6441539° ~. Universal Transverse Mercator: Name of nearest waterbody: Bartons Creek Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: Neuse River Name of watershed or Hydrologic Unit Code (HUC): 03020201 Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. Q 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: ^ Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There A}~pear to be no "navigable waters of the US."within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the revtcw area [Required] ^ Waters subject to the ebb and flow of the tide. ^ 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 ^ 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: 200 linear feet: 1-2width (ft) and/or NA acres. Wetlands: <1/4 acres. c. Limits (boundaries) of jurisdiction based on: 1987"Delineation !<lanual Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):' ~' 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. ' For purposes of this form, an RPW is defined as a tributary that is not a TNW 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 III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: NA. Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": NA. 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 Rapaaos 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, skip to Section HLD.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. 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 waterbody° 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 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 a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.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.C below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 4-5 acres Drainage area: 4-5 acres Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ^ Tributary flows directly into TNW. ® Tributary flows through 4 tributaries before entering TNW. Project waters are 5-10 river miles from TNW. Project waters are llor less) river miles from RPW. Project waters are 2-5 acxial (straight) miles from TNW. Project waters are 1 (or less) aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: N/A. Identify flow route to TNWS: Stream flows into 2 UT of Bartons Creek into Bartons Creek which flows into the Nesue River in Falls Lake. "Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid West. s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. Tributary stream order, if known: 1st. (b) General Tributary Characteristics (check all that apply): Tributary is: ®Natural ^ Artificial (man-made). Explain: ^ Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: 1-2 feet Average depth: cl feet Average side slopes: Pick List. Primary 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: Presence of run/riffle/pool complexes. Explain: Very Few. Tributary geometry: A1eandcring Tributary gradient (approximate average slope): N/A (c) Flow: Tributary provides for: Seasonal flow Estimate average number of flow events in review area/year: 20 (or greater) Describe flow regime: Flows outside of the growing season. Other information on duration and volume: Surface flow is: Confioect. 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): 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 ^ Discontinuous OHWM.' Explain: If factors other than the OHWM were used to determ ^' High Tide Line indicated by: ^ oil or scum line along shore objects ^ fine shell or debris deposits (foreshore) ^ physical markings/characteristics ^ tidal gauges ^ other (list): ine lateral extent of CWA jurisdiction (check all that apply) Mean High Water Mark indicated by: ^ survey to available datum; ^ physical markings; ^ vegetation lines/changes in vegetation types. (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Water color was clear. 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 [o [he 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: wetlands are abutting the stream channel. ^ Habitat for: ^ Federally Listed species. Explain findings: ^ Fish/spawn areas. Explain findings: ^ Other environmentally-sensitive species. Explain findings: ^ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size:<1/10 acres Wetland type. Explain:Forested/herb.. Wetland quality. Explain: moderate quality, wetlands located parallel to stream channel. Project wetlands cross or serve as state boundaries. Explain: N/A. (b) General Flow Relationship with Non-TNW: Flow is: IntKrmittcnt flo~r~ Explain: Surface flow is: Overland slreetflow Characteristics: Subsurface flow: Unknoti~ n. Explain findings: ^ Dye (or other) test performed: (c) Wetland Adiacency Determination with Non-TNW: ® Directly abutting ^ Not directly abutting ^ Discrete wetland hydrologic connection. Explain: ^ Ecological connection. Explain: ^ Separated by berm barrier. Explain: (d) Proximity~Relationship) to TNW Project wetlands are 5-10 river miles from TNW. Project waters arc ?-5 aerial (straight) miles from TNW. Flow is from: i'Vetland tonavigable~satcrs. Estimate approximate location of wetland as within the 500-pear or greater 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: Clear. Identify specific pollutants, if lrnown: N/A. (iii) Biological Characteristics. Wetland supports (check all that apply): ® Riparian buffer. Characteristics (type, average width): ® Vegetation type/percent cover. Explain:100%. ^ 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: I` Approximately (<1/10) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size in acres) less than 1/4 Y 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 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 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: I. 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 IILD: 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 IILD: 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 IILD: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDSRRE (CHECK ALL THAT APPLY): TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ^ TNWs: linear feet width (ft), Or, acres. 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: Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: 200 linear feet 1-2 width (ft). Other non-wetland waters: acres. Identify type(s) of waters: 3. Non-RPWss that flow directly or indirectly into TNWs. "~' Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a T'NW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.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 IILB and rationale in Section IILD.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Presence of hydric soil, hydrology, and hydrophytic vegetation were present. Provide acreage estimates for jurisdictional wetlands in the review area: <1 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. ^', 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 IILC. 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 B 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):lo 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. Interstate isolated waters. Explain: ^ Other factors. Explain: Identify water body and summarize rationale supporting determination: $See Footnote # 3. To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10 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 Jurisdiction Following Rapanos. 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 in•igated 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: Lakewheeler Quad. ® USDA Natural Resources Conservation Service Soil Survey. Citation: . ^ National wetlands inventory map(s). Cite name: ^ State/Local wetland inventory map(s): ^ FEMA/FIRM maps: ^ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ^ Photographs: ^ Aerial (Name & Date): 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: This form is for Feature F, upstream of the confluence of Features C and F on the attached sketch map. This form outlines a Intermittent Stream with Abutting wetlands. Intermittent determination was made by Lia Myott of the NC-DWQ. APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV 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: Wake City: Center coordinates of site (lat/long in degree decimal format): Lat. 35.9443946° , Long. 78.6441539° ~?. Universal Transverse Mercator: Name of nearest waterbody: Bartons Creek Name of nearest Traditional Navigable Water (TNW) lnto which the aquatic resource flows: Neuse River Name of watershed or Hydrologic Unit Code (HUC): 03020201 Check ifmap/diagram of review area and/or potential jurisdictional areas is/are 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: Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Appear to be no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Kequired] ^ Waters subject to the ebb and flow of the tide. ^ 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] I. 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 ^ 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: <50 linear feet: I-2width (ft) and/or NA acres. Wetlands: acres. c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):' []! 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. ~ For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). ~ 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 III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.i and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: NA. Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": NA. 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, skip to Section IILD.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. 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 waterbody° 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 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 a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.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.C below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 10 acres Drainage area: ] 0 acres Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ^ Tributary flows directly into TNW. ^ Tributary flows through 3' tributaries before entering TNW. Project waters are 5-10 river miles from TNW. Project waters are 2-5 river miles from RPW. Project waters are 2-5 aerial (straight) miles from TNW. Project waters are 1 (or less) aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: N/A. Identify flow route to TNWS: UT to Bartons Creek to Cartons Creek to Neuse River/Falls Lake. Tributary stream order, if known: 1st. ° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the acid West. s Flow route can be described by identifying, e.g., tributary a, which flows through [he review area, to flow into tributary b, which then flows into T'NW. (b) General Tributary Characteristics (check all that applvl: Tributary is: ®Natural ^ Artificial (man-made). Explain: ^ Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: 1-2 feet Average depth: <1 feet Average side slopes: Pick List. Primary 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: Presence of run/riffle/pool complexes. Explain: Very Few. Tributary geometry: Relatively si rail;ht Tributary gradient (approximate average slope): N/A (c) Flow: Tributary provides for: Seasonal Ho~F Estimate average number of flow events in review area/year: 20 (or ~rcater) Describe flow regime: Flows outside of the growing season. Other information on duration and volume: Surface flow is: Confined. Characteristics: Subsurface flow: Unknown. Explain findings: ^ Dye (or other) test performed: Tributary has (check all that apply): ® Bed and banks ® OHWM6 (check al] 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.' 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 water present at time of evaluation. 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. '[bid. (iv) Biological Characteristics. Channel supports (check all that apply): ® Riparian corridor. Characteristics (type, average width): ^ Wetland fringe. Characteristics: wetlands are abutting the stream channel. ^ Habitat for: ^ Federally Listed species. Explain findings: ^ Fish/spawn areas. Explain findings: ^ Other environmentally-sensitive species. Explain findings: ^ Aquatic/wildlife diversity. Explain findings: 2. 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 berm barrier. Explain: (d) Proximity~Relationship to TNW Project wetlands are Pick List river miles from TNW. Project waters arc Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the PickList 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:100%. ^ 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 (<1/4) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) 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 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 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 IILD: 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 IILD: 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 IILD: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ^ TNWs: linear feet width (ft), Or, acres. ^ 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: Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: 50 linear feet 1-2 width (ft). ^ Other non-wetland waters: acres. Identify type(s) of waters: 3. Non-RPWss that flow directly or indirectly into TNWs. 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 III.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 III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Presence of hydric soil, hydrology, and hydrophytic vegetation were present. Provide acreage estimates for jurisdictional wetlands in the review area: <1 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. ^ 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 IILC. 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):10 ^ 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. ^ Interstate isolated waters. Explain: ^ Other factors. Explain: Identify water body and summarize rationale supporting determination: aSee Footnote # 3. To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 1D 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 Jurisdiction Following Rapanos. 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: Lakewhee(er Quad. ® USDA Natural Resources Conservation Service Soil Survey. Citation: . ^ National wetlands inventory map(s). Cite name: ^ State/Local wetland inventory map(s): ^ FEMA/FIRM maps: ^ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ^ Photographs: ^ Aerial (Name & Date): 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: This form is for Feature G on the attached sketch map . This form outlines a Intermittent Stream with NO wetlands. "This certifies that this copy of this plat identifies os waters of the U.S. or wetlands all areas of waters of the U.S., including wetlands, regulated pursuant to Section 404 of the Clean Water Act os determined by the undersigned on this dote. Unless there is a change in low or our published regualtions, this determination of Section 404 juridiction may be relied upon for a period not to exceed eve (5) years from this dote. This determination was mode utilizing the 1987 Corps of Engineers Wetlands Delineation Manual" VICINITY MAP NO SCALE ROBERT D. HAR7INCER I rERESA M. HARIINCER D.B. 8JJ8, PC. IJ44 LOT B B.M. 1991, PC. JOB PIN: 1 BOD.OJ-40-4244 /Y , r , ~~ y i CEHRi4E HELL ~ ~ (JURISDICTIONAL) 2 L/NEAR WETLANOS~ 0.003 ACRES (JURISDICTIONAL) cHarsr+nR/N oWNERs AssocuTlorL INC. D.B. 8609, PG. 2198 PERMANENT OPEN SPACE cruTSwoRTN sueomsaN B.M. 1997, P0. 2101 PIN: 1709.01-49-3888 IARRY 4 HATTER ' DONNA c. 1ur/Ea D.B. 8419, PC. 2316 Lor J7 cruTSwDRTH strean4sroN B.M. 1997, P0. 2101 P/N: 1709.01-49-4014 ' S 89'04.43" E ROBERT M. GREEN JANE HOIMAN GREEN D.B. fO3/J, PC. 1121 ~,~ Lor JB cHATSx»Rn+ suBOn4sroN B.M. 1997, PC. 2IOI PlI~A 1709.01-48-4829 ~ z~ JOHN R. pLUNCER ~'• I(AREN N. DILUNCER _ D.B. f I06B, PC. 148 a LOT J9 cNATSwoRTH sueDlwsroN B.M. 1997, PD. 1101 £ PIN: 1708.01-48-477J ~ ~ ~- ~ JOHN R. dLUNCER KAREN H DILUNCER D.B. 11186, PC. 393 Lor 40 CHAiSNY1RlH SUBOMSION B.M. 1997, PC. 2101 PIN: 1709.01-48-331 J N.C. RONALD G. NORWOOD PENNY N. WILLIAMS D.B. 11803, PG. 1066 LOT 2 B.M. 2005, PG. 2300 PIN: 1709.02-38-08J7 Liy /5 ~T/ ~~ f•..z SEE SHEETS 2-3 FOR STREAM do WETLAND DETAILS AND NC GR/0 COORDINATES KENNEM TAnOR WANCiI TAnOR O.B. 8438, PC. 2149 Lor ro ,~ B.M. 1991, PC. JOB PIN: 1800.04-30-9111 w ~~~ N 89' 15' 10 W 321.03' ~~r O IUIHLEEN T. SUMMIT ~~ D.a. 118AecrP2c. 1024 y I N~ B.M. 1996, PC. 1839 ~; ~ PIN: 1800.04-50-9010 2~ '•' i 3 =~~ D.euio9z~B~Prcµ112 hm TRICT 1 m B.M. 1998, PC. 1859 ~ PIN: 1709.02-38-9833 N ~ _ 3 ~~ ~ ~ ~' `O p eAnEAr wcuNTErn 6q FlRE DEPARTMENT, INc ~/'~ D.B. 2832, PQ 794 PIN: 1709.02-39-8297 y S 87:1J'f0' E 448.1g• s w~ ~~o . o-• G£ORG41 N. ULES `~ ERSEIC C. LILES; JR. D.B. 11803, PG 1069 P/N: 1709.OT-39-JO22 _ / B.:~AG~ (B.M. 2007, PC. 2125) CEMETERY ~or r L .~ 1 L12 Lit ~' 15 L14 _ ~~ ~ ~/ x.384 ACRES (TOTAL WETLAND AREA) OF 36.825 ACRES EVALUATED AREA NOTE.• 1. NOT FOR RECORDATION, "• ~ ~BJ~,ww AIM' , ;s°,. CONVEYANCE OR SALE. NC. CR/D COORDS. E 2~ P1~ISJ9.78J N07E:• MISCLOSURE WAS DISTRIBUTED 8Y THE COMPASS METHOD. THE DISTANCES ON THE MAP ARE ADJUSTED HORIZONTAL GROUND DISTANCES UNLESS NOTED OTHEI?WISE. ALL AREA CALCULATED 8Y COORDINATE COMPUTAT70N. 200' 100' 0' 200' SCALE IN FEET ,.c.c.s. cmzEN' WETLAND DELINEATION MAP FOR WE/SGERBER GROUP NORWOOD ROAD It7WNSHlP: BARYONS CREEK' Cp(JNJy.• WAKE STATE NORTH CAROL/NA ZONE: P.I.N: SEE ABOVE l /NF TAR/ F UNf BEARING aSTANCE L 1 S 40' 18'3 W 43.60' L2 S 39'1J'2 W 50.78' LJ s Jr3sz w so.o4• L4 S J602'4 W SO.J7' L3 S JS3J' W 50.36' L6 S 3300'4 W 30.88' L7 S 3r39' W 30.24' Le s 3ro3 s1 w 30.19• L9 S 30'03' 1 W 49.32' L 10 S 28'37'2 W 19.19' L11 S 88'43'31 W 110.41' L 12 S 83J0 2 W 51.00' CiJ S 8x39' W 30.29' L 14 S 833014 W 101.OJ' L 13 S 8344' W 48.60' L 16 S 8321' W 51.25' L 17 5 81' 18'? W 49.54' L 1 B S 79'JO' W 31.57' L1 S 750J'4 W 49.71' L20 S 70'0614 W 32.97' [21 S 85'11? W 31.11' L22 S 81'48.31 W 31.28' L2J S 59'5731 W 49.40' L24 S 60'?3.4 W 50.17' L25 S 8308 2 W 48.7J' L26 S 68'48'0 W 49.04' L27 S 74'4J' W 48.03' L18 S 8'39 2 W 33.93' L29 S 834J'41 W 3.18' LJO 5 Or24 J E ?9.80' LJi N 4543.1 f 94.6J' LJ? N 01'06' W 114.32' LJJ N 230734 E 11 J.79' WETLANDS DELINEATED BY.• WITHERS & RAVENEL FILE.• WGNW_WL IIITSRRS & RAPBNRL KRNNSTI~ CLOSR SURYRYING 111 Yao1m'NAN DRIVd' - CdRY, NC L7611 PEONa: (818)861-t844 FIX.• (9f9)as1-6x01 SCALE.• l" = 200' OR4WN BY EGT cr/MC SHEET 1 OF 3 Regulatory Official rrle Dote USAGE Action lD NORTH CAROLINA WAKE COUNTY 1, ELISABETH G. TURNER CERTIFY THAT THIS PLAT WAS OR4WN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION DEED DESCRIPTION RECORDED IN BOOK PAGf THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY 1NDlCATED AS DRAWN FROM INFORMATION FOUND IN BOOK PAGE THAT THE RATIO OF PRECISION AS CALCULATED IS 1: 10.000 +; THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S 47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER AND SEAL THIS DAY OF A.D., 2007 . `~~~~~ Cq l~~//i cisTRArro o. L- 40 ~~ O •' ~SSRO~i~~i ~'~.~OF /pyyy~ :a SEAL ~'; ;9 L-4440 ~ ti ~• ~~.t;~iP •~ SUR~~~~.~~~ DIND MCPNETtSON ,~ ~ s. aiws I ,~y~ 6 ~~t y`~'`\~~~\\ JOYCE H MCPHERSON D.B. 6081, PC. 948 I D.B. 8300, PD 88J ~~ 1 ~ 1~`\\ I LOT 7 LOT B 1 B.M. 1991, PC. JOB B.M. 1981, PC. J08 B.M. 1881, PG. JOB PIN: 1800.03-40-8282 ( PIN: 1800.04-30-22J2 PIN: 1800.04-50-326J S 89'17' 4' 137763' CF/ANNEL cos c. suMMrr, TRUSTEE of (JURISDICTIONAL) (NO BUFFER) WETLANDS THE LOTS C. SUMMIT TRUST D.B. 10479, PG. 1J6 ` 0.003 ACRES B.M. 199~sc Pc 1859 / (JURISDICTIONAL) P/N: 170 9.0? - 3 9 J9 95 \ ,~( Q ~ / - Q ~ ~ Bi~V I7W~W ~ \ PA 4N B ~ ~ ~ ~/- ~ ( PERENN/AL R/ Rl, R ~- ~ CHANNEL \ (JUR/SDI 770NAL) ~ N 86'0 '30' E 624. --~ / ~8~6 7• E 2J .45• PERENNIAL \ ~-- ao;1s o CHANNEL ~ 129. J' (JURISDICTIONAL) L _... ~ INTERMITTEN] 1 CHANNEL \ (JURISDICTIONAL) ,~ WETLANDS .. 3 GEORGIA N. ULES D.B. 4364, PG. 784 0.290 ACRES JUR/SD/CTIONAL ) + ~ ra ^ SUSAN H. LOBINGER, HEIRS D.B. 2JZ2, P0. 330 LOT T B.M. 1989, PG. 9J2 ,y,~ ~ ~ Lor 1 PIN.M1709.02 9 7395 PIN: 1709.02-59-2596 /NTERM/TTENT l y CHANNEL ~ ~ m ~ \ (JURISDICTIONAL) W UNDEItiAP \ ~'r M b AREA \ ~• ~ w' j - ~D (B.M. 2007, PC. 2125) ( v~t ~f\ ~ c~ \ / (JURISDICTIONAL) • ~ fir. ~ NEUSE \ I R/PARIAH BUFFER \ ~ 'i0 WETLANDS ~ 10 008 ACRES ~ . ~ I (JURISDICTIONAL) 1 \ ~ IN RMITTENT ~ CHANNEL (J RISDICT/ON L ) YNO BUFFER' I INTERMITTENT ~ I CHANNEL ~ 1 (JURISDICTIONAL) 2 \ E0 R 0.08 AC ES PL PL PL PL PL PL p~ INTERMITTENT CHANNEL ( (NO BUFFER)L) PERENNGIL 50' NEUSE CHANNEL RIPAR BUFf'ER (JURISDICTIONAL) / ~ 551-2'c 50 ~ t ,c~' ,~~ \ '- O. ~~ RES ucrrua, l~ n, ^~ ~ (~ Requ/otory Official Title NORTH CAROUN4 5_79 92-6 WETLANDS Zm. °~° 713 799698.054 2105432.433 2'CH WAKE COUNTY 1, fUSABEIH G. TURNER CERAFY THAT THIS PLAT WAS DRAWN UNDER MY 'This certifies that this copy of this plat identities as woters of the U.S or wetlands B78_7 91-70A 723-B2SfOPCH2' 0.260 ACRES (JURISDICTIONAL) ~0 ~ ~ mY 714 799694.399 2105456.991 2'CH 715 799710 457 2105471 222 2'C SUPfRVfS10N FROM AN ACTUAL SURVEY MADE UNDER MY SUPERI?SION, all areas o/ waters of the US, including wetlands, regulated pursuant to Section 404 I 79-1'C y Y . . H 716 799707232 2105480 033 1'CH DEED DESCRIPTTOIV RECORDED /N BOOK PAGE -THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM of the Cleon Water Act as determined by the undersigned on this date, 81-2'CH . 717 799701 801 2105495 971 1'CH INFORMATION FOUND IN BOOK PAGE THAT THE RAIKJ Unless there is o change in law or our published regua/tions, this determinotion of 680_77 90-71A . . 718 799693.428 2105504 231 2'CH OF PRECISION AS CALCULATED 1S 1.• 10.000 +; THAT THIS PUT WAS PREPARED Section 404 juridicGon may be rolled upon for o period not to exceed five (5) years ~ ~2-7 . 719 799692.053 2105509.220 2'CH IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. WITNESS MY ORIGINAL SICNAIURIv from this dote. This determination was mode utilizing the 1987 Corps of Engineers RF RATION NUMBER AND SEAL IH1S 17th DAYJ)F SEPTEMBER A T D W tl d D li ti M L" 683_1'C 7~2-~ 9-7~I -1'CH -~ 720 799696.137 2105520.088 1'CH ~~ 7 . ., ~~ , ~ ,l Q ~' ~ e an s e nea on onuo 6~-7~ _73A J 721 799683.868 2105529.852 END1'CH 7 L-`~~ZH ~qRO~ ~r~ ?~~ OF~$$%Q.~,j,~ 3 .4 SEAL ~; ;r L•4440~t• Y . ~ .y Illl 111111~~ Dote PT/ N E DESC NC GRID COORDINATES PTA N E DESC PT,~ N E DESC 550 799991.771 2104716.347 104STCH3' 605 799818.844 2105065.908 3'CH 646 799760.955 2105340.234 4'CH 551 799995.631 2104704.470 2'CH 606 799826.560 2105087169 2'CH 647 799768.379 2105351.754 4'CH 554 799936.661 2104685.914 4'CH 607 799820.512 2105100.424 3'CH 648 799778.430 2105357.868 3'CH 555 799923.349 2104722.636 3'CH 608 799781.659 2105108.522 3'CH 649 799776.322 2105367 734 CH 558 799905.538 2104748.857 102STCH3' 609 799777844 2105114.181 2'CH 650 799761.094 2105387.258 4'CH 559 799896.932 2104756.261 32CL1' 610 799772.417 2105126.173 4'CH 651 799765.219 2105390.056 597CH 560 799886.026 2104759.674 31CL3' 612 799766.923 2105153.368 )07STCN3' 652 799771.601 2105398.505 58 563 799877845 2104769.152 30CL3' 613 799766.760 2105178.510 108STOPCH3'653 799764.870 2105405.655 57 564 799877 745 2104769.124 3'CH 614 799764.091 2105192.943 3'CH 654 799759.100 2105400.959 56 566 799875.265 2104779.774 29CL3' 615 799755.267 2105240.371 74'CH 655 799753.110 2105389.954 55ttCH 573 799944.050 2104736.838 103STOPCH2' 617 799744.593 2105260.120 6'CH 656 799742.704 2105394.766 2'CH 575 799961.168 2104789.484 2'CH 619 799739.334 2105269.359 38ttCH 657 799745.800 2105395.772 66BttCH 576 799960.865 2104803.671 3'CH 620 799733.462 2105283.522 39 658 799730.691 2105396.820 678ttCH 577 799950.597 2104812.539 3'CH 622 799719.513 2105296.956 40 659 799732.816 2105403.592 2'CH 578 799937153 2104802.699 3'CH 624 799714.643 2105312.776 41 660 799719.938 2105389.582 68B 579 799934.153 2104832.367 3'CH 626 799705.971 2105319.946 42 661 799716.049 2105395.663 2'CH 580 799933.205 2104844.890 3'CH 627 799714.964 2105326.531 43 662 799690.725 2105379.320 69B 581 799941.849 2104854.412 2'CH 628 799715.976 2105337662 44 663 799691.186 2105384.110 2'CH 582 799922.893 2104869.857 105STCH2' 630 799710.289 2105342.297 45 666 799684.016 2105382.398 A3STCH2' 584 799924.120 2104873.125 37ttCH 631 799710.610 2105350.455 46 667 799677958 2105380.116 708 585 799920.145 2104883.900 36 632 799706.865 2105353.505 47 669 799663.705 2105381.990 71B 586 799921.190 2104894.621 35 635 799693.449 2105351.845 48 670 799656.534 2105395.286 72Btt82A 587 799930.504 2104887270 34 636 799716.587 2105357360 49 673 799649.096 2105393.566 82A 588 799927530 2104875.129 33ttCH 637 799724.200 2105347.470 50 674 799647.828 2105377.675 81A 597 799884.893 2104969.011 106STOPCH2' 638 799724.249 2105318.579 51 675 799617.130 2105374.011 79A 598 799863.901 2104991.403 2'CH 639 799733.101 2105302.137 52 676 799632.757 2105373.798 80A 599 799852.737 2104990.912 2'CH 640 799743.436 2105292.378 53 678 799600.709 2105376.176 78A 600 799841.781 2104999.081 2'CH 641 799743.523 2105283.558 54ttCH 679 799590.724 2105389.171 1'CH 601 799853.068 2105011.870 2'CH 642 799772.722 2105271.217 3'CH 6B0 799576.897 2105380.410 77A 602 799851.423 2105024.083 2'CN 643 799781.151 2105300.832 4'CH 681 799573.568 2105390.310 2'CH 603 799839.100 2105030.415 2'CH 644 799777.387 2105307280 2'CH 682 799558.075 2105385.487 76A 604 799829.344 2105057902 2'CH 645 799779.897 2105319.894 6'CH 683 799554.620 2105396.867 1'CH 684 799541.857 2105401.528 75A 687 799537886 2105416 053 74A / ~ ~ ~ ryETL,,WDS 688 799543.280 2105419.576 73A 689 799555.435 2105409.048 72A ~~ ~ ~ ,~ ~ ~ 0.00 olAoR~ES 690 799568.999 2105401.936 7)A 4-3'CH ~"ryy zv~ h ~+ ° 'b 691 799604.479 2105399.541 70A r~ yr ~ ~~~ ro, o h j 692 799623.921 2105402.831 69A I ^. '~ h r .! g1' g'~ TART PEREN WL ~ 693 799634.584 2105408.344 68A h r ~6~~55 ~C,d CHANNEL 'n 1 ~~_R_ 9 694 799645.414 2105401.945 67A 695 799647043 2105400.162 66A ~ ~y i' ~~ 6556~2'C 610 .6,0 pay` ~~~ b°` 30 '~ 696 799647399 2105421.551 65A 697 799665.557 2105429 393 64A 6 ~~~6 0 05 ~ ~ '~ 7 5 8 . 698 799669.673 2105435.470 63A ~o 6 B tt C 49 2~ ~5 '~ ' 699 799685.154 2105440.194 62A ~6 ~, 6~-2' ~ 700 799689.348 2105456.392 61A r r ~o r ~ • ~ ~9 ,ti . 1 ~' 68B a 701 799692.407 2105478.273 60A ry 'r 89 m rtiry ` `~ 'O ~ , 1 3~2'C 702 799695.567 2105496.747 59AttCH h "}a - N '~ m 667 ~ )p1 01~ -CH ~ 99~ 1j`7~64459gh ~ Z END ' 703 799741.888 2105537420 59BttPL 704 799736.406 2105499.961 608 r ti 669-71 A y 9B o 1 CH h ~,~ 705 799731.105 2105465.869 6iB ~~870_ 7722B8tttt ~ 8)~68,,jA ~~ q^ q 706 799731.666 2105442.589 62B 707 799724 500 2105423 258 63B 67 81 6'6~A =Q , ~ 4 ~ . . ~ -- ~ 4-67A 0 . pry. ~ 708 799734.627 2105412.238 64B 676-80 9 68A , ~,~ o~ 0 709 799744.557 2105406.154 658 yry a o; 710 799745 471 2105396 399 66BttCH 7 22 799553.205 2105399.016 BiSTCNi -7 % 723 799598.545 2105387584 B2STOPCHI' USACE Action !D NOTE• MISCLOSURE WAS DlSTRIBUlED BY THE COMPASS MED100. THE DISTANCES ON THE MAP ARE ADJUSTED h'OR170NTAL OROUND DA7ANCES UNLESS NOTED O)H17tWISE ALL AREA CALCUUTED 8Y COORDINATE COMPUTATION. NOTE:• 80' 40' 0' 80' 1. NOT FOR RECORDAT/0N, CONVEYANCE OR SALE. SCALE IN FEET _ / WETLANDS DELINEATED BY.• WITHERS do RAVENEL ~L~ wGNw_wL \ 613- 108STOPCH3' -74'CH ~ ~~ h ~~-~ ^ GEORGIA N. ULES /~ b D.B. 4564, PC. 784 / ~ LOT 2 P1N.M1709.02-59 1596 50' NEUSE ~ RIPARUW BUFFER 0.026 J (JURIST I ,~ ~ 6~ `~ (JURISDICTIONAL) ^~ 4 ~^' ^•~• ~V y ~ ~° jo,y"~ ^~~` LO15 C. SUMMIT TRUSTEE OF r r ~ THE LOlS C. SUMMIT TRUST h^ ~ ~ 1 ~, ~ D.B. 10479, PC. 136 TRACT 3 -3'CH _ ~ ~ ~ \ B.M. 1996, PG. 1859 / PIN: 1709.02-59-3995 h rti~~ ~,y '' ~ ~o ~ /~ 597106STOPCH _~ , 1 ~~ J 598-2'C =3tCH \ WETLANDS \ 599-2'CH 2-2'CH \ 0.003 ACRES 6pp 03-2'CH (JURISDICTIONAL) \ -2'CH 606-2'CH 1 - ~H 607-3'CH l 3'CH ~~~, -~~~ 608-3'CH 61 - p, ~~ p' ~\!C ~ 107STCH3' 609-2'CH 61 610-4'CH This certifies that this copy of this plat identifies as waters of the U.S. or wetlands all areas of waters of the U.S., including wetlands, regulated pursuant to Section 404 of the Clean Water Act os determined by the undersigned on this date. Unless them is a change in law or our published mguoltions, this determination of Section 404 juridiction may be mlied upon for o period not to exceed Rve (5) years from this dote. This determination was made utilizing the 1987 Corps of Engineers Wetlands Delineation Manual' Regulatory Official Title z A 0 0 INTERMITTENT w CHANNEL _ (/UR/SD/CTIONAL) USAGE Action lD Dote ~H 1 -3'CM -3'CH 3'CH ~ 466-3'CH 68-3'CH 469 43'C 4 72-~ 73_. obi Q y p ro ~ 474-2'C 22N y S~'~ 475-2'C N ~ZC~42i jC9 ~ ~~4o"a i ~goiti~Tno ~U~2~°joi o~ ~~m~~~. U ~avma STAR G I ' RONALD G. NORW000 ~ PENNY N. WILLIAMS D.B. 11805, PG. 1066 LOT 2 B.M. 2005, PG. 2300 PIN: 1709.02-58-0837 NORTH CAROLINA WAKE COUNTY !, ELISABETH C. TURNER CERTIFY THAT THIS PLAT WAS OR4WN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVSION DEED DESCRIPTION RECORDED IN BOOK PAGE THdT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS OR4WN FROM INFORMATION FOUND IN BOOK PAGf 1HAT THE 84110 OF PRECISION AS CALCULATED IS 1: 10.000 +; THAT THIS PLAT WA5 PREPARED IN ACCORDANCE WIlH G.S. 47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE, REGISTR4T10N NUMBER AND SEAL lS DAY SEPTEMBER A.D., 2007. ~~ IS TION o. L-44 \~ ~ • ~ • ~ • ~ ~ . ~. y 9 , ~ ;4~ SEAL 9r; •r L-4440; ,~ • ~~•9tio v~-~: ~ NOTNOT FOR RECORDATION, //~lll (~~~~`\` CONVEYANCE OR SALE. NOTEi MISCLOSURE WAS DISTRIBUTED BY THE COMPASS METHOD. THE DISTANCES ON THE MAP ARE ADJUSTED HORIZONTAL GROUND OISTANCES UNLESS NO7ED OTHERN7SE. ALL AREA CALCULATED BY COORDINATE COMPUTATION. -3'CH -3'CH 71-4'CH NC GR/D Ca PT N E DESC 45 799322.482 2104651.978 6'CH 459 799325.017 2104679.093 2'CH 460 799320.216 2104684.093 2'CH 461 799311.961 2104684.921 3'CH 462 799294.880 2104683.618 3'CH 464 799276.076 2104675.719 END3'CH 465 799275.003 2104714.843 3'CH 466 799269.675 2104719.834 3'CH 467 799258.244 2104718.316 3'CH 468 799246.350 2104720.757 3'CH 469 799239.276 2104719.422 3'CH 470 799234.878 2104721.869 3'CH 471 799198.842 2104769.096 4'CH 472 799194.059 2104771.052 4'CH 473 799189.461 2104769.990 4'CH 474 799166.526 2104783.102 2'CH 475 799163.773 2104787.755 2'CH 476 799166.546 2104810.500 2'CH 477 799172.787 2104832.277 3'CH 478 799165.265 2104845.426 3'CH 480 799156.772 2104851.755 2'CH 481 799143.897 2104875.739 2'CH 482 799144.489 2104882.108 3'CH 483 799139.394 2104903.116 3'CH 484 799125.068 2104906.503 3'CH 485 799098.826 2104902.617 2'CH 486 799084.737 2104907.046 2'CH 487 799074.165 2104912.628 2'CH 488 799063.294 2104919.522 2'CH 490 799065.091 2104945.649 2'CH 493 799064.633 2104921.481 2'CH 494 799068.653 2104947155 28ttCH 495 799061.731 2104963.684 27ttCH 496 799055.811 2104957871 2'CH 497 799058.497 2104964.457 2'CH 498 799049.208 2104983.630 2'CH 499 799045.548 2104987900 26ttCH GEORG/A N. LILES ERSELL C. LILES, /R. D.B. 1180~~, PG. 1069 BM. 2005, PG. 2300 PIN: 1709.02-59-3022 ) QINATES PTA N E DESC 50000 799047.690 2104998.182 2'CH 501 799038.322 2104993.499 25 502 799039.242' 2105002.146 24ttCH 503 799047.744 2105004.871 23ttCH 504 799037.784. 2105009.017 3'CH 505 799036.541, 2105013.936 21 ttCH 506 799042.818 2105015.791 22ttCH 507 799043.244 2105028.742 19ttCH 508 799039.737 2105027200 3'CH 509 799046.902 2105036.469 18 510 799042.607 2105039.218 17 511 799038.314 2105032.270 16ttCH 512 799034.748 2105027.886 20ttCH 513 799031.224 2105031.500 3'CH 514 799026.803 2105046.889 3'CH 515 799027 412 2105052.990 3'CH 516 799023.114 2105056.852 3'CH 517 799011.951 2105053.655 3'CH 518 799005.108 2105056.653 2'CH 519 799004.695 2105069.996 2'CH 520 798996.396 2105076.352 2'CH 522 798981.846 2105085.908 100STCH1 523 799052.493 2104930.283 2'CH 524 799030.200 2104938.748 2'CH 525 799020.737 2104951.240 2'CH 526 798988.449 2104963.901 2'CH 527 798935.382 2104969.694 2'CH 528 798932.341 2104967.471 O1ftCH 529 798908.566 2104974.423 CISTCH2' 532 798913.349 2104951.891 2 533 798890.812 2104958.950 3 534 798876.368'.2104961.631 4 535 798863.724 2104976.720 5 536 798844.266 2104976.710 6 537 798828.467 2104981.421 7 538 798824.423' 2104979.404 8 539 798832.178 2104994.619 9 540 798859.498 2105000.033 10 541 798876.899 2104997 277 11 542 798906.901 2105003.436 12 543 798926.285 2104993.180 13 545 798943.181 2104993.965 14 546 798941.827 2104977.263 15ttCH ~ ~ ~ RIPAR~ N BURR ~ ~ 4 TCH 6 478-3'CH h \ WETLANDS 1'cH eo-2'cH ` 0.008 ACRES 483-3'CH ' (JURISDICTIONAL) h~ 481. 2' H ~ .464-3'CH //In\ 485 -2'CH 486 -2'CH ~ ~ \ 488 -2'C 523 -2'CH \ 524 -2'CH \ 525 -2' 526 INTERMITTENT CHANNEL (JURISDICTIONAL) I v2 ti ^ Z USG i ti ~ {s ~ ~ 527-2 1528 -01 tt 532 -07~ 533 -03 5~4 -0~ 536- 537 1 I INTERMITTENT CHANNEL y',''> >gg 19-2'CH 52 G 520-2'CH ~ 522= t00STCH1' I I -1~4 11 42 12 x-11 0-10 ~-WETLANDS -os 0.080 ACRES (JURISDICTIONAL) WETLANDS DELINEATED BY.• WITHERS & RAVENEL RLE.• WGNW_WL 80' 40' 0' 80' SCALE IN FEET