20072227 Ver 1_Jurisdictional Determination_20071219

APPROVED JURISDICTIONAL DETERMINATION FOR147
LT.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION {JD}: 14/25/07
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: (2ueen's Gap Site # 1
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish borough: Rutherford City: Thermal City
Center coordinates of site (laUlong in degree decimal format}: Lat. 35° 31' 24.46"° N, Long. 82 00' 35.62° W.
Universal Transverse Mercator:
Name of nearest waterbody: Harris Creek
Name of nearest Traditional Navigable Water (TN~V) lnto which the aquatic resource flows: Second Broad River
Name of watershed or Hydrologic Unit Code {HUC}: 03050105
® Check if mapldiagram of review area andlor 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) Detemunation. Date:
® Field Determination. Date{s}: 08/06/07
SECTION II: SUIbINLARY OF FINDINGS
A. RHA SECTION 14 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable water's 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 suscepfible for use to transport interstate or foreign commerce.
Explain:
B. CV4~A SECTION 444 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." tivithin Clean Water Act {CWA) jurisdiction (as defined by 33 CFR part 328) in the re~~ie~v area. [Re~~uired]
Waters of the U.S
a. Indicate presence of waters of LT.S, in review area {check all that apply): i
^ 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 thart 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: linear feet: width (ft) andlor acres.
Wetlands: acres.
c. Limits (boundaries} of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if knotivn):
2. Non-regulated waters/wetiands (check if applicable):3
^ Potentially jurisdictional waters andlor 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 Far' purposes of this form, an RPW is defined as a tributary thatis not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentafion is presented in Secfion IILF.

SECTION III: CWA ANALYSIS
A. TNGVs AND WETLANDS ADJACENT TO TNT's
The agencies will assert jurisdiction over TNLVs 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:
Summarize rationale supporting determination:
2. S'4'etlandadjacent to TNSV
Sununarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (T1LAT IS NOT A TN4V) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, ifany, and it helps
determine whether or not the standards for jurisdiction established under Rapanasliave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN`Vs where the tributaries are "relatively permanent
rvateis" (RPWs}, i.e. tributaries that typically flaw year-round ar have continuous flaw at least seasonally (e.g., typically 3
months}. A 4vetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNSV, but has year-round
(perennial) flow, ship to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flaw,
skip to Section III.D.d.
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 rvaterbocly4 is not an RPW, or a rvetiancl directly abutting an RPSV, a JD mill require additional data to deternne if the
waterbody has a significant nexus with a TNZV. If tiie tributary has adjacent wetlands, tire significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, Are tributary and all of its adjacent wetlands is used rvhetlier the rerierv area identified in the JD requestis
the tributary, or its adjacent wetlands, or both. If the JD covers a tributazy rr~th adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. Tlie determination whether a significant nexus exists is determined in Section III.C, below.
1. Characteristics of non-TN~Vs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 100acres
Drainage area: 41 acres
Average annual rainfall: 5034 inches
Average annual snowfall: 5.6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
® Tributary flows through 2 tributaries before entering TNW.
Project waters are 15-20 river pules from TNW.
Identify flow route to TNWS: UT-Harris-Cathy's Creek- Second Broacl River.
Tributary stream order, if known: Second..
Project waters are 1(or less} river miles from RPW.
Project waters are 5-14 aerial (straight) miles from TNW.
Project waters are 1 {or less} aerial (straight) Holes from RPW.
Project craters cross or serve as state boundaries. Etpl<ain:
~ Note that the Instructional Guidebook cont2ins 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 t}uough 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: iQ feet
Average depth: 6 feet
Average side slopes: 2:1.
Primary tributary substrate composition (check all that apply}:
® Silts ®Sands ^ Concrete
® Cobbles ®Gravel ^ Muck
® Bedrock ^ Vegetation. Type/% cover:
^ Other. Explain:
Tributary condition/staL,ility [e.g., highly eroding, sloughing banks). Explain: Impacted. from past mining clisturbances.
Presence of nrnlrifflelpool comple_te,s. Explain: Currently has no water.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 3 %
{c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flo~~~ events in review area year: 6-10
Describe flow regime:
Other information on duration and volume:
Surface flow is:
Characteristics:
Subsurface flow: Unknown. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed andbanks
^ OH~V Mb (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 OH~VM ~ Explain:
^ the presence of fitter 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 tVater 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: absent.
Identify specific pollutants, if known:
~A natural or man-made disconfinuity in the OI-IwM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OIIyVM has been removed by development or agricultural practices). Where there is a break in the OIIwM thatis 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 flaw above and below the break.
Ibid.

(iv} Biological Characteristics. Channel supports (check all that apply):
® Riparian comdor. Characteristics (type, average width}: Forested buffer.
^ Wetland fringe. Characteristics:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquaticlwildlife diversity. Explain findings: dry.
2. Characteristics of wetlands adjacent to non-TNjV 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 bermlbarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are, Pick List river miles from TN~V.
Project waters are Pick List aexial (straight) pules from TNW.
Flow is from: Pick List.
Estimate approximate. location of wetland as within the. Pick List floodplain.
(ii} Chemical Characteristics:
Characterize wetland system {e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii} Biological Characteristics. Wetland supports (check all that apply}:
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
.Sll wetland{s}being considered in the cumulative analysis: Pick List
Approximately { )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N} Size tin acres} Directly abuts? (Y/N} Size tin acres)
Summarize overall biological, chemical and physical firncflons being performed:
C. SIGNIFICANT NEXL?S 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 chenucal, 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 flaw
of «•ater 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 Uiresliold of distance {e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Sinularly, 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 Raparaos 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 reazing young for species that aze present in the TNW?
• Does the tributazy, 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 far 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:NA.
2. Significant nexus flnclings 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: NA.
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 tributazy in combination with all of its adjacent wetlands, then go to
Section IILD: NA.
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT jVATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNT~Vs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: lineaz feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPZVs 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 Secfion IILB. Provide rationale indicating that tributary flows
seasonally: observed seasonal flaw.

Provide estimates for jurisdictional waters in the review area (check all that apply):
® Tributary waters: 659 linear feetl4width {ft).
^ Other non-wetland. waters: acres.
Identify types} of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
^ ~Vaterbody 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 types} of waters:
4. «'etlandsclirectly abutting an RPZV" that flow directly or indirectly into TNt~'s.
^ Wetlands directly abut RPW and. thus are jursdctional as adjacent wetlands.
^ WetlancLs directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating t11at tributary is perennial in Section IILD.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:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. jM1'etlands adjacent to but not directly abutting an RPyV that flow directly or indirectly into TNj'~'s.
^ 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 sigrficant 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.
ti. S'4'etlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
^ Wetlands adjacent to such waters, andhave 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 juriscctional. Data. supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional watets.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 corrunerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLLIDING ISOLATED tiVETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE CONINIERCE, INCLLIDING ANY
SLICH V4'ATERS (CHECK ALL THAT APPLY):r0
^ which are or could be used by interstate or foreib 1 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.b of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely nn this category, Corps Districts rovill elevate the action tt~ Carps and EPA HQ for
review consistent with the process described in the CorpsIEPA Dlerrtorarrrlurri Regarding CWA Art Jurisdirtion Fallowing Ralrartos.

Provide estimates for jurisdictional waters in the review azea {check all that apply):
^ Tributary waters: linear feet width {ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
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
LVetland Delineation Manual ancUor appropriate Regional Supplements.
^ Revie~~~ area included isolated waters ti~~ith 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): lineaz feet, width (ft}.
^ Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquafic resource:
^ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviev~~ed 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 snap(s). Cite scale R quad name:
^ USDA Natural Resources Conservation Service Soil Survey. Citation:
^ National wetlands inventory map(s). Cite name:
^ State/Local wetland. inventory map(s):
^ FEMA/FIRM ma13s:
^ 100-year Floodplain Elevation is: (National Geodsctic Vertical Datum of 1429)
® Photographs: ^ .Aerial (Name ~ Date):
or ®Other (Name & Date):
^ Previous determination(s). File no. and date of response letter:
^ -Applicable/supporting case law:
^ Applicablelsupportingscsentific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD: Channel is dry at the present time but typically flows year round.

APPROVED JURISDICTIONAL DETERMINATION FOR147
LT.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION {JD}: 14/25/07
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Impact Site #2
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Site # 2
State:NC County/parish borough: Rutherford City: T'hennal City
Center coordinates of site (laUlong in degree decimal format}: Lat. 35 30' 41.24"° N, Long. 82 00" 8.91° W.
Universal Transverse Mercator:
Name of nearest waterbody: Harris Creek
Name of nearest Traditional Navigable Water (TN~V) lnto which the aquatic resource flows: Second Broad River.
Name of watershed or Hydrologic Unit Code {HUC}: 03050105
® Check if mapldiagram of review area andlor 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) Detemunation. Date:
® Field Determination. Date{s}: 08/06/07
SECTION II: SUIbINLARY OF FINDINGS
A. RHA SECTION 14 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable water's 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 suscepfible for use to transport interstate or foreign commerce.
Explain:
B. CV4~A SECTION 444 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." tivithin Clean Water Act {CWA) jurisdiction (as defined by 33 CFR part 328) in the re~~ie~v area. [Re~~uired]
Waters of the U.S
a. Indicate presence of waters of LT.S, in review area {check all that apply): i
^ 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 thart 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: linear feet: width (ft) andlor acres.
Wetlands: acres.
c. Limits (boundaries} of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if knotivn):
2. Non-regulated waters/wetiands (check if applicable):3
^ Potentially jurisdictional waters andlor 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 Far' purposes of this form, an RPW is defined as a tributary thatis not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentafion is presented in Secfion IILF.

SECTION III: CWA ANALYSIS
A. TNGVs AND WETLANDS ADJACENT TO TNT's
The agencies will assert jurisdiction over TNLVs 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:
Summarize rationale supporting determination:
2. S'4'etlandadjacent to TNSV
Sununarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (T1LAT IS NOT A TN4V) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, ifany, and it helps
determine whether or not the standards for jurisdiction established under Rapanasliave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN`Vs where the tributaries are "relatively permanent
rvateis" (RPWs}, i.e. tributaries that typically flaw year-round ar have continuous flaw at least seasonally (e.g., typically 3
months}. A 4vetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNSV, but has year-round
(perennial) flow, ship to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flaw,
skip to Section III.D.d.
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 rvaterbocly4 is not an RPW, or a rvetiancl directly abutting an RPSV, a JD mill require additional data to deternne if the
waterbody has a significant nexus with a TNZV. If tiie tributary has adjacent wetlands, tiie significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, Are tributary and all of its adjacent wetlands is used rvhetlier the rerierv area identified in the JD requestis
the tributary, or its adjacent wetlands, or both. If the JD covers a tributazy rr~th adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. Tlie determination whether a significant nexus exists is determined in Section III.C, below.
1. Characteristics of non-TN~Vs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 56acres
Drainage area: 56 acres
Average annual rainfall: 50.34 inches
Average annual snowfall: 5.06 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
® Tributary flows through 3 tributaries before entering TNW.
Project waters are 15-20 river pules from TNW.
Identify flow route to TNWS: UT -Harris Creek- Cathey Creek- Second Broad. River.
Tributary stream order, if known: First.
Project waters are 1(or less} river miles from RPW.
Project waters are 10-15 aerial (straight} miles from TN~V.
Project waters are 1 {or less} aerial (straight} Holes from RPW.
Project craters cross or serve as state boundaries. Etpl<ain:
~ Note that the Instructional Guidebook cont2ins 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 t}uough 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: Impoundment on tributary.
® Manipulated {man-altered}. Explain:
Tributary properties with respect to top of bank (estimate):
Average width: NA feet
Average depth: NA feet
Average side slopes: 3:1.
Primary tributary substrate composition (check all that apply}:
® Silts ®Sands ^ Concrete
® Cobbles ®Gravel ®Muck
^ Bedrock ^ Vegetation. Type/% cover:
^ Other. Explain:
Tributary condition/staL,ility [e.g., highly eroding, sloughing banks]. Explain:
Presence of nrnlrifflelpool comple_te,s. Explain: NA.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 3 %
{c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flo~~~ events in review area year: 6-10
Describe flow regime:
Other information on duration and volume:
Surface flow is:
Characteristics:
Subsurface flow: Unknown. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed andbanks
^ OH~V Mb (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 OH~VM ~ Explain:
^ the presence of fitter 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 tVater 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: Cloudy water color, charcteristic of low quality impoundment.
Identify specific pollutants, if known: NA.
~A natural or man-made disconfinuity in the OI-IwM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OIIyVM has been removed by development or agricultural practices). Where there is a break in the OIIWM thatis 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 flaw above and below the break.
Ibid.

(iv} Biological Characteristics. Channel supports (check all that apply}:
^ Riparian comdor. Characteristics (type, average width}:
^ Wetland fringe. Characteristics:
® Habitat for:
^ Federally Listed species. Explain findings:
® Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
® Aquaticlwildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNjV 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 bermlbarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are, Pick List river miles from TN~V.
Project waters are Pick List aexial (straight) pules from TNW.
Flow is from: Pick List.
Estimate approximate. location of wetland as within the. Pick List floodplain.
(ii} Chemical Characteristics:
Characterize wetland system {e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii} Biological Characteristics. Wetland supports (check all that apply}:
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
.Sll wetland{s}being considered in the cumulative analysis: Pick List
Approximately { )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N} Size tin acres} Directly abuts? (Y/N} Size tin acres)
Summarize overall biological, chemical and physical firncflons being performed:
C. SIGNIFICANT NEXL?S 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 chenucal, 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 flaw
of «•ater 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 Uiresliold of distance {e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Sinularly, 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 Raparaos 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 reazing young for species that aze present in the TNW?
• Does the tributazy, 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 far 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 flnclings 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: NA.
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 tributazy in combination with all of its adjacent wetlands, then go to
Section IILD: NA.
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT jVATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNT~Vs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: lineaz feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPZVs 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: linear feet width (ft).
^ Other non-wetland. waters: acres.
Identify types} of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
^ ~Vaterbody 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 types} of waters:
4. «'etlandsclirectly abutting an RPZV" that flow directly or indirectly into TNt~'s.
^ Wetlands directly abut RPW and. thus are jursdctional as adjacent wetlands.
^ WetlancLs directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating t11at tributary is perennial in Section IILD.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:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. jM1'etlands adjacent to but not directly abutting an RPyV that flow directly or indirectly into TNj'~'s.
^ 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 sigrficant 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.
ti. S'4'etlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
^ Wetlands adjacent to such waters, andhave 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 juriscctional. Data. supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional watets.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 corrunerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLLIDING ISOLATED tiVETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE CONINIERCE, INCLLIDING ANY
SLICH V4'ATERS (CHECK ALL THAT APPLY):r0
^ which are or could be used by interstate or foreib 1 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.b of the Instructional Guidebook.
10 Prinr to asserting or declining CWA jurisdiction based solely nn this category, Corps Districts rovill elevate the action tt~ Carps and EPA HQ for
review consistent with the process described in the CorpsIEPA Dlerrtorarrrlurri Regarding CWA Art Jurisdirtion Fallowing Ralrartos.

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.
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
LVetland Delineation Manual ancUor appropriate Regional Supplements.
^ Revie~~= area included isolated waters ti~=ith 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, a=here such a finding is required for jurisdiction. Explain:This site leas three
depressions which function as storm water features ~~=Iriclr holds sarater during and after storm events. Feature is a direct
result of past logging operations where the soil was disturbed causing depressions adequate to pool «~ater for short periods
of dme. Soils are marginal at best.
^ 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).
^ Lakeslponds: acres.
^ Other non-wetland waters: acres. List type of aquatic resource:
® Wetlands: 0.082 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 applicanUconsultant:
® Data sheets preparedlsubnutted by or on bedlalf of the applicant/consultant.
^ Office concurs with data sheets/delineation report.
^ Office does not concur u=ith 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 ina17(s). Cite scale ~ quad name:
^ t?SDA 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 Floodpl<ain 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:
^ Applicablelsupportingvase law:
^ ,Spplicable/supporting scientific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD: Site number to=o is an impoundment which has been Built on line.

APPROVED JURISDICTIONAL DETERMINATION FOR147
LT.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION {JD}: 14/25/07
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: (2ueen's Gap Site # 3
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish borough: Rutherford City:
Center coordinates of site (laUlong in degree decimal format}: Lat. 35 60' 35.17"° N, Long. 82 00' 15.96"° W.
Universal Transverse Mercator:
Name of nearest waterbody: Harris Creek
Name of nearest Traditional Navigable Water (TN~V) lnto which the aquatic resource flows: Second Broad River.
Name of watershed or Hydrologic Unit Code {HUC}: 03050105
® Check if mapldiagram of review area andlor 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) Detemunation. Date:
® Field Determination. Date{s}: 08106/07.
SECTION II: SUIbINLARY OF FINDINGS
A. RHA SECTION 14 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable water's 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. CV4~A SECTION 444 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." tivithin Clean Water Act {CWA) jurisdiction (as defined by 33 CFR part 328) in the re~~ie~v area. [Re~~uired]
Waters of the U.S
a. Indicate presence of waters of LT.S, in review area {check all that apply): i
^ 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: linear feet: width (ft) andlor acres.
Wetlands:.065 acres.
c. Limits (boundaries} of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if knotivn):
2. Non-regulated waters/wetiands (check if applicable):3
^ Potentially jurisdictional waters andlor 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 Far' purposes of this form, an RPW is defined as a tributary thatis not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentafion is presented in Secfion IILF.

SECTION III: CWA ANALYSIS
A. TNGVs AND WETLANDS ADJACENT TO TNT's
The agencies will assert jurisdiction over TNLVs 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:
Summarize rationale supporting determination:
2. S'4'etlandadjacent to TNSV
Sununarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (T1LAT IS NOT A TN4V) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, ifany, and it helps
determine whether or not the standards for jurisdiction established under Rapanasliave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN`Vs where the tributaries are "relatively permanent
rvateis" (RPWs}, i.e. tributaries that typically flaw year-round ar have continuous flaw at least seasonally (e.g., typically 3
months}. A 4vetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNSV, 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 flaw,
skip to Section III.D.d.
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 rvaterbocly4 is not an RPW, or a rvetiancl directly abutting an RPSV, a JD mill require additional data to deternne if the
waterbody has a significant nexus with a TNZV. If tiie tributary has adjacent wetlands, tiie significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, Are tributary and all of its adjacent wetlands is used rvhetlier the rerierv area identified in the JD requestis
the tributary, or its adjacent wetlands, or both. If the JD covers a tributazy rr~th adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. Tlie determination whether a significant nexus exists is determined in Section III.C, below.
1. Characteristics of non-TN~Vs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Pick List
Drainage area: Pick List
.Average aimual rainfall: 50.34 inches
Average annual snowfall: 5.6 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 TNbV
Identify flow route to TNWS:
Tributary stream order, if known:
Project waters are Pick List river miles from RPW.
Project waters are Pick List aexial (straight} miles from TNW.
Project waters are Pick List aerial (straight} Holes from RPW.
Project craters cross or serve as state boundaries. Etpl<ain:
~ Note that the Instructional Guidebook cont2ins 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 t}uough 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: signs of past logging and/or agriculture.
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/staL,ility [e.g., highly eroding, sloughing banks]. Explain:
Presence of nrnlrifflelpool complexes. Explain:
Tributary geometry: Pick List
Tributary gradient(approxirnate average slope): %
{c} Flow:
Tributary provides for: Pick List
Estimate average number of flow events in review area year: Pick List
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pick List. Characteristics:
Subsurface flow: Pick List. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
^ Bed andbanks
^ OH~V Mb (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 OH~VM ~ Explain:
the presence of fitter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed ar 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 tVater 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: clear weer, general watershed characteristics.
Identify specific pollutants, if known:
~A natural or man-made disconfinuity in the OI-IwM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OIIyVM has been removed by development or agricultural practices). Where there is a break in the OIIWM thatis 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 flaw above and below the break.
Ibid.

(iv} Biological Characteristics. Channel supports (check all that apply):
^ Riparian comdor. Characteristics (type, average width}:
^ Wetland fringe. Characteristics: wetland species present; (water hemlock, sedges).
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquaticlwildlife diversity. Explain findings: Benthic organisms.
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNtV
(i) Physical Characteristics:
{a) General Wetland Characteristics:
Properties:
Wetland siz.e:. 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: Unknown. Explain findings:
^ Dye (ar other) test performed:
{c} Wetland Adjacency Determination with Non-TNW:
^ Directly abutting
^ Not directly abutting
^ Discrete wetland hydrologic connection. Explain:
^ Ecological connection. Explain: Wetland flows directly to RPW.
^ Separated by bermlbarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are 15-24 river miles from TNW.
Project waters are 10-15 aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate, location of wetland as within the 5 - 10-year 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: Water color is clear, quality is good.
Identify specific pollutants, if known: NA.
(iii} Biological Characteristics. Wetland supports (check all that apply}:
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain: 50% herbacious.
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:Amphibians.
^ Aquatic/wildlife diversity. Explain findings: Macrobenthos.
3. Characteristics of all wetlands adjacent to the tributary (if any)
.Sll wetland{s}being considered in the cumulative analysis: Pick List
Approximately { )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N} Size tin acres} Directly abuts? (Y/N} Size tin acres)
Summarize overall biological, chemical and physical firncflons being performed:
C. SIGNIFICANT NEXL?S 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 chenucal, 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 flaw
of «•ater 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 Uiresliold of distance {e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Sinularly, 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 Raparaos 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 reazing young for species that aze present in the TNW?
• Does the tributazy, 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 far 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 flnclings 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 tributazy in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT jVATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNT~Vs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: lineaz feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPZVs 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: linear feet width (ft).
^ Other non-wetland. waters: acres.
Identify types} of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
^ ~Vaterbody 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 types} of waters:
4. Wetlands directly abutting an RPZV" that flow directly or indirectly into T1Vt~'s.
® Wetlands directly abut RPW and. thus are jurisdctional as adjacent wetlands.
® WetlancLs directly abutting an RPW where tributaries typically flow year-round. Pro~ride data and rationale
indicating that. tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW: Harris Creek is perennial based on observation and appearance as a blue line on USGS
topo maps. ~?1'etland clearly abuts Harris Creek based on visual observation.
^ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section IILB and rationale in Section IILD2, above. Provide rationale indicating that wetland. is directly
abutting an RPW: .
Provide acreage estimates for jurisdictional wetlands in the review area:.065 acres.
5. Wetlands adjacent to but not directly abutting an RPZV that flaw 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-RPjVs that flow directly or indirectly into TNtVs.
^ Wetlands adjacent to such waters, andhave 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 jurisdicflonal 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};ro
^ 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:
See Footnote # 3.
9 To complete the analysis refer to the key in Section III.D.b of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely nn this category, Corps Districts rovill elevate the action tt~ Carps and EPA HQ for
review consistent with the process described in the CorpsIEPA Dlerrtorarrrlurri Regarding CWA Art Jurisdiction Fallowing Ralrartos.

Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
^ Tributary waters: linear feet width (ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
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-tivetland 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 preparedlsubmitted by or on behalf of the applicantlconsultant.
^ 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:
^ t1SDA Natural Resources Conservation Service Soil Survey. Citation:
^ National wetlands inventory map(s). Cite name:
^ State/Local ti~~etland inventory map(s):
^ FEMAIFIRM maps:
^ 100-year Floodplain Elevation is: {National Geodectic V ertical Datum of 1929}
® Photographs: ^ Aerial (Name & Date):
or ®Other (Name & Date):Site #3.
^ Previous determination(s). File no. and date of response letter:
^ Applicable/supporting case law:
^ -`~hhlicable/supporting scientific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

APPROVED JURISDICTIONAL DETERMINATION FOR147
LT.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION {JD}: 14/25/07
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: (2ueen's Gap Site # 4
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish borough: Rutherford City: Thermal City
Center coordinates of site (laUlong in degree decimal format}: Lat. 35 30' 47.71 ° N, Long. 82 00' 15.96° W.
Universal Transverse Mercator:
Name of nearest waterbody: Harris Creek
Name of nearest Traditional Navigable Water (TN~V) lnto which the aquatic resource flows: Second Broad River
Name of watershed or Hydrologic Unit Code {HUC}: 03050105
® Check if mapldiagram of review area andlor 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) Detemunation. Date:
® Field Determination. Date{s}: 08/06/07
SECTION II: SUIbINLARY OF FINDINGS
A. RHA SECTION 14 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable water's 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. CV4~A SECTION 444 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." tivithin Clean Water Act {CWA) jurisdiction (as defined by 33 CFR part 328) in the re~~ie~v area. [Re~~uired]
Waters of the U.S
a. Indicate presence of waters of LT.S, in review area {check all that apply): i
^ 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: linear feet: width (ft) andlor acres.
Wetlands: 4a=.076acres; 4b=.01 acres.
c. Limits (boundaries} of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if knotivn):
2. Non-regulated waters/wetiands (check if applicable):3
^ Potentially jurisdictional waters andlor 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 Far' purposes of this form, an RPW is defined as a tributary thatis not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentafion is presented in Secfion IILF.

SECTION III: CWA ANALYSIS
A. TNGVs AND WETLANDS ADJACENT TO TNT's
The agencies will assert jurisdiction over TNLVs 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:
Summarize rationale supporting determination:
2. S'4'etlandadjacent to TNSV
Sununarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (T1LAT IS NOT A TN4V) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, ifany, and it helps
determine whether or not the standards for jurisdiction established under Rapanasliave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN`Vs where the tributaries are "relatively permanent
rvateis" (RPWs}, i.e. tributaries that typically flaw year-round ar have continuous flaw at least seasonally (e.g., typically 3
months}. A 4vetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNSV, 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 flaw,
skip to Section III.D.d.
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 rvaterbocly4 is not an RPW, or a rvetiancl directly abutting an RPSV, a JD mill require additional data to deternne if the
waterbody has a significant nexus with a TNZV. If tiie tributary has adjacent wetlands, tiie significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, Are tributary and all of its adjacent wetlands is used rvhetlier the rerierv area identified in the JD requestis
the tributary, or its adjacent wetlands, or both. If the JD covers a tributazy rr~th adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. Tlie determination whether a significant nexus exists is determined in Section III.C, below.
1. Characteristics of non-TN~Vs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Pick List
Drainage area: Pick List
.Average aimual rainfall: 50.34 inches
Average annual snowfall: 5.6 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 TNbV.
Identify flow route to TNWS: UT-Harris-Cathy's Creek- Second Broad River.
Tributary stream order, if known:
Project waters are Pick List river miles from RPW.
Project waters are Pick List aexial (straight} miles from TNW.
Project waters are Pick List aerial (straight} Holes from RPW.
Project craters cross or serve as state boundaries. Etpl<ain:
~ Note that the Instructional Guidebook cont2ins 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 t}uough 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/staL,ility [e.g., highly eroding, sloughing banks]. Explain:
Presence of nrnlrifflelpool complexes. Explain:
Tributary geometry: Pick List
Tributary gradient(approxirnate average slope): %
{c} Flow:
Tributary provides for: Pick List
Estimate average number of flow events in review area year: Pick List
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pick List. Characteristics:
Subsurface flow: Pick List. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
^ Bed andbanks
^ OH~V Mb (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 OH~VM ~ Explain:
the presence of fitter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed ar 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 tVater 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:
Identify specific pollutants, if known:
~A natural or man-made disconfinuity in the OI-IwM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OIIyVM has been removed by development or agricultural practices). Where there is a break in the OIIWM thatis 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 flaw above and below the break.
Ibid.

(iv} Biological Characteristics. Channel supports (check all that apply}:
^ Riparian comdor. Characteristics (type, average width}:
^ Wetland fringe. Characteristics:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquaticlwildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TN~V that flow directly or indirectly into TNtV
(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: Unknown. Explain findings:
^ Dye (ar other) test performed:
{c) Wetland Acliacency Determination with Non-TNW:
® Directly abutting
^ Not directly abutting
^ Discrete wetland hydrologic connection. Explain
^ Ecological connection. Explain:
^ Separated. by bermlbarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are 10-15 river miles from TNW.
Project waters are 10-15 aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate, location of wetland as within the 5 - 10-year 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:.Absent.
Identify specific pollutants, if known: NA.
(iii} Biological Characteristics. Wetland supports (check all that apply}:
^ Riparian buffer. Characteristics (type, average width):
® Vegetation type/percent cover. Explain: herbaceous.
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
® Aquatic/wildlife diversity. Explain findings: macrobenthos.
3. Characteristics of all wetlands adjacent to the tributary (if any)
.All wetland{s}being considered in the cumulative analysis: Pick List
Approximately { )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N} Size tin acres} Directly abuts? (Y/N} Size tin acres)
Summarize overall biological, chemical and physical firncflons being performed:
C. SIGNIFICANT NEXL?S 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 chenucal, 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 flaw
of «•ater 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 Uiresliold of distance {e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Sinularly, 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 Raparaos 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 reazing young for species that aze present in the TNW?
• Does the tributazy, 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 far 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 flnclings 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 tributazy in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT jVATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNT~Vs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: lineaz feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPZVs 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: linear feet width (ft).
^ Other non-wetland. waters: acres.
Identify types} of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
^ ~Vaterbody 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 types} of waters:
4. Wetlands directly abutting an RPZV" that flow directly or indirectly into T1Vt~'s.
® Wetlands directly abut RPW and. thus are jurisdctional as adjacent wetlands.
® WetlancLs directly abutting an RPW where tributaries typically flow year-round. Pro~ride data and rationale
indicating t11at tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland. is
directly abutting an RPW: j~'etlands have a hydrologic connection and directly abut Harris Creek which is
perennial based on visual observation and its appearance as a blue line on USGS topo maps.
^ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section IILB and rationale in Section IILD2, above. Provide rationale indicating that wetland. is directly
abutting an RPW: .
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but nat directly abutting an RPZV that flaw 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 sigiuficant 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-RPjVs that flow directly or indirectly into TNtVs.
^ Wetlands adjacent to such waters, andhave 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 jurisdicflonal 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:
See Footnote # 3.
9 To complete the analysis refer to the key in Section III.D.b of the Instructional Guidebook.
10 Prinr to asserting or declining CWA jurisdiction based solely nn this category, Corps Districts rovill elevate the action tt~ Carps and EPA HQ for
review consistent with the process described in the CorpsIEPA Dlerrtorarrrlurri Regarding CWA Art Jurisdiction Fallowing Ralrartos.

Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
^ Tributary waters: linear feet width (ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
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-tivetland 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 preparedlsubmitted by or on behalf of the applicantlconsultant.
^ 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:
^ t1SDA Natural Resources Conservation Service Soil Survey. Citation:
^ National wetlands inventory map(s). Cite name:
^ State/Local ti~~etland inventory map(s):
^ FEMAIFIRM maps:
^ 100-year Floodplain Elevation is: {National Geodectic V ertical Datum of 1929}
® Photographs: ^ Aerial (Name & Date):
or ®Other (Naive & Date):Site #4.
^ Previous determination(s). File no. and date of response letter:
^ Applicable/supporting case law:
^ -`~hhlicable/supporting scientific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

APPROVED JURISDICTIONAL DETERMINATION FOR147
LT.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION {JD}: 14/25/07
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: (2ueens Gap Site #5
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish borough: Rutherford City: Thermal City
Center coordinates of site (laUlong in degree decimal format}: Lat. 35 30' 49.93"° N, Long. 82 00' 11.52"° W.
Universal Transverse Mercator:
Name of nearest waterbody: Harris Creek
Name of nearest Traditional Navigable Water (TN~V) lnto which the aquatic resource flows: Second Broad River
Name of watershed or Hydrologic Unit Code {HUC}: 03050105
® Check if mapldiagram of review area andlor 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) Detemunation. Date:
® Field Determination. Date{s}: 08/06/07
SECTION II: SUIbINLARY OF FINDINGS
A. RHA SECTION 14 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable water's 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. CV4~A SECTION 444 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." tivithin Clean Water Act {CWA) jurisdiction (as defined by 33 CFR part 328) in the re~~ie~v area. [Re~~uired]
Waters of the U.S
a. Indicate presence of waters of LT.S, in review area {check all that apply): i
^ 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: linear feet: width (ft) andlor acres.
Wetlands:.01 and .051 of open water acres.
c. Limits (boundaries} of jurisdiction based on: Pick List
Elevation of established OHWM (if knotivn):
2. Non-regulated waters/wetlands (check if applicable):3
^ Potentially jurisdictional waters andlor 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 Far' purposes of this form, an RPW is defined as a tributary thatis not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentafion is presented in Secfion IILF.

SECTION III: CWA ANALYSIS
A. TNGVs AND WETLANDS ADJACENT TO TNT's
The agencies will assert jurisdiction over TNLVs 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:
Summarize rationale supporting determination:
2. S'4'etlandadjacent to TNSV
Sununarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (T1LAT IS NOT A TN4V) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, ifany, and it helps
determine whether or not the standards for jurisdiction established under Rapanasliave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN`Vs where the tributaries are "relatively permanent
rvateis" (RPWs}, i.e. tributaries that typically flaw year-round ar have continuous flaw at least seasonally (e.g., typically 3
months}. A 4vetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNSV, 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 flaw,
skip to Section III.D.d.
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 rvaterbocly4 is not an RPW, or a rvetiancl directly abutting an RPSV, a JD mill require additional data to deternne if the
waterbody has a significant nexus with a TNZV. If tiie tributary has adjacent wetlands, tiie significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, Are tributary and all of its adjacent wetlands is used rvhetlier the rerierv area identified in the JD requestis
the tributary, or its adjacent wetlands, or both. If the JD covers a tributazy rr~th adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. Tlie determination whether a significant nexus exists is determined in Section III.C, below.
1. Characteristics of non-TN~Vs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Pick List
Drainage area: Pick List
.Average aimual rainfall: 50.34 inches
Average annual snowfall: 5.6 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 TNbV
Identify flow route to TNWS:
Tributary stream order, if known:
Project waters are Pick List river miles from RPW.
Project waters are Pick List aexial (straight} miles from TNW.
Project waters are Pick List aerial (straight} Holes from RPW.
Project craters cross or serve as state boundaries. Etpl<ain:
~ Note that the Instructional Guidebook cont2ins 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 t}uough 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/staL,ility [e.g., highly eroding, sloughing banks]. Explain:
Presence of nrnlrifflelpool complexes. Explain:
Tributary geometry: Pick List
Tributary gradient(approxirnate average slope): %
{c} Flow:
Tributary provides for: Pick List
Estimate average number of flow events in review area year: Pick List
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pick List. Characteristics:
Subsurface flow: Pick List. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
^ Bed andbanks
^ OH~V Mb (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 OH~VM ~ Explain:
the presence of fitter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed ar 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 tVater 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:
Identify specific pollutants, if known:
~A natural or man-made disconfinuity in the OI-IwM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OIIyVM has been removed by development or agricultural practices). Where there is a break in the OIIWM thatis 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 flaw above and below the break.
Ibid.

(iv) Biological Characteristics. Channel supports (check all that apply):
^ Riparian comdor. Characteristics (type, average width}:
^ Wetland fringe. Characteristics:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquaticlwildlife diversity. Explain findings:
2. Characteristics of weflands adjacent to non-TN~V that flow directly or indirectly into TNtV
(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: no.
{b) General Flow Relationship with Non-TNW:
Flow is: Pick List. Explain: water level is below bank level, no flow is leaving this pond area.
Surface flow is: Pick List
Characteristics:
Subsurface flow: Unkno4vn. Explain findings:
^ Dye (ar other) test performed:
{c) Wetland Acliacency Determination with Non-TNW:
^ Directly abutting
^ Not directly abutting
^ Discrete wetland hydrologic connection. Explain
^ Ecological connection. Explain:
^ Separated. by bermlbarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are 10-15 river miles from TNW.
Project waters are 10-15 aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate, location of wetland as within the 5 - 10-year 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: Brown -off colored. water, cloudy.
Identify specific pollutants, if known: unknown.
(iii) Biological Characteristics. Wetland supports (check all that apply):
^ Riparian buffer. Characteristics (type, average width):20' on west and south west sides.
^ Vegetation type/percent cover. Explain: deciduous trees immediately surrounding the pond.
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish(spawn areas. Explain findings:observed spawning beds.
^ Other environmentally-sensitive species. Explain findings:possible.
^ Aquatic/wildlife diversity. Explain findings:benthic organisms present. Animal tracks present on pond edge.
3. Characteristics of all wetlands adjacent to the tributary (if any)
.Sll wetland{s}being considered in the cumulative analysis: Pick List
Approximately { )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N} Size tin acres} Directly abuts? (Y/N} Size tin acres)
Summarize overall biological, chemical and physical firncflons being performed:
C. SIGNIFICANT NEXL?S 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 chenucal, 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 flaw
of «•ater 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 Uiresliold of distance {e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Sinularly, 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 Raparaos 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 reazing young for species that aze present in the TNW?
• Does the tributazy, 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 far 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 flnclings 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 tributazy in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT jVATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNT~Vs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: lineaz feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPZVs 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: linear feet width (ft).
^ Other non-wetland. waters: acres.
Identify types} of waters:
3. Non-RPWs$ that flaw directly or indirectly into TNjVs.
^ ~Vaterbody 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 types} of waters:
4. Wetlands directly abutting an RPZV" that flow directly or indirectly into TNWs.
® Wetlands directly abut RPW and. thus are jurisdctional as adjacent wetlands.
® WetlancLs directly abutting an RPW where tributaries typically flow year-round. Pro~ride data and rationale
indicating t11at tributary is perennial in Section IILD.2, above. Provide rationale indicating that wetland is
directly abutting an RPW: j~'etland is directly abutting Harris Creek. Determined by visual abservation. Harris
Creek has been determined to be perennial by visual observation and it appears as a blue line on the USGS topo
quad.
^ 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:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. «'etlands ad jacent 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 sigiuficant 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. S'~retlands adjacent to non-RPWs that flow erectly or indirectly into TNWs.
^ Wetlands adjacent to such waters, andhave when considered in combination with the. tributary to which they are adjacent and
with sirnilazly situated adjacent tivetlands, have a significant nexus with a TNW are juriscctional. Data supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the re~2ew azea: acres.
7. Impoundments of jurisdictianal wateis.9
As a general rule, the impoundment of a jurisdicfional tributary remains jurisdicfional.
^ 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 SVHICH COULD AFFECT INTERSTATE CONINIERCE, INCLUDING ANY
SLIC.H WATERS (CHECK ALL THAT APPLY}:Zo
^ 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 aze or could be used for industrial purposes by industries in interstate commerce.
^ Interstate isolated waters. Explain:
^ Other factors. Explain:
See Footnote # 3.
9 To complete the analysis refer to the key in Section III.D.b of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely nn this category, Corps Districts rovill elevate the action tt~ Carps and EPA HQ for
review consistent with the process described in the CorpsIEPA Dlerrtorarrrlurri Regarding CWA Art Jurisdiction Fallowing Ralrartos.

Identify «rater body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
^ Tributary waters: linear feet width (ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
NON-JURISDICTIONAL j~'ATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY}:
^ If potential wetlands ti~=ere assessed w=ithin the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual ancUor al7propriate 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 "SiUANC`C'," the review area would have been regulated based solely on the
"Migratory Bircl. 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 fincling is required for jurisdction {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: 0.05 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 applicantJconsultant.
^ Office concurs with data. sheetsldelineationyeport.
^ Office does not concur with data sheets(delineation report.
^ Data sheets prepared by the Corps:
^ Carps navigable waters' study:
^ t?.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:
^ USDA Natural Resources Conservation Service Soil Survey. Citation:
^ National wetlands inventory map(s). Cite name:
^ State/Local wetland inventory map(s):
^ FEM.A/FIRM snaps:
^ 100-year Floodplain Elevation is: (National Geodsctic Vertical Datum of 1924)
® Photographs: ^ Aerial {Name & Date):
or ®Other {Name & Date}:Site #5.
^ Precious 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:

APPROVED JURISDICTIONAL DETERMINATION FOR147
LT.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION {JD}: 14/25/07
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: (2ueens Gap Site # b
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish borough: Rutherford City: Thermal City
Center coordinates of site (laUlong in degree decimal format}: Lat. 35 31' 18.87"° N, Long. 82 00' 53.18"° W.
Universal Transverse Mercator:
Name of nearest waterbody: Harris Creek
Name of nearest Traditional Navigable Water (TN~V) lnto which the aquatic resource flows: Second Broad River.
Name of watershed or Hydrologic Unit Code {HUC}: 03050105
® Check if mapldiagram 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) Detemunation. Date:
® Field Determination. Date{s}: 08/06/07
SECTION II: SUIbINLARY OF FINDINGS
A. RHA SECTION 14 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable water's 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 suscepfible for use to transport interstate or foreign commerce.
Explain:
B. CV4~A SECTION 444 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." tivithin Clean Water Act {CWA) jurisdiction (as defined by 33 CFR part 328) in the re~~ie~v area. [Re~~uired]
Waters of the U.S
a. Indicate presence of waters of LT.S, in review area {check all that apply): i
^ 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 thart 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 LT.S. in the review area:
Non-wetland. waters: 410 linear feet: width (ft} and/or acres.
Wetlands: acres.
c. Limits (boundaries} of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if knotivn):
2. Non-regulated waters/wetiands (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 Far' purposes of this form, an RPW is defined as a tributary thatis not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentafion is presented in Secfion IILF.

SECTION III: CWA ANALYSIS
A. TNGVs AND WETLANDS ADJACENT TO TNT's
The agencies will assert jurisdiction over TNLVs 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:
Summarize rationale supporting determination:
2. S'4'etlandadjacent to TNSV
Sununarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (T1LAT IS NOT A TN4V) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, ifany, and it helps
determine whether or not the standards for jurisdiction established under Rapanasliave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN`Vs where the tributaries are "relatively permanent
rvateis" (RPWs}, i.e. tributaries that typically flaw year-round ar have continuous flaw at least seasonally (e.g., typically 3
months}. A 4vetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNSV, but has year-round
(perennial) flow, ship to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flaw,
skip to Section III.D.d.
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 rvaterbocly4 is not an RPW, or a rvetiancl directly abutting an RPSV, a JD mill require additional data to deternne if the
waterbody has a significant nexus with a TNZV. If tiie tributary has adjacent wetlands, tiie significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, Are tributary and all of its adjacent wetlands is used rvhetlier the rerierv area identified in the JD requestis
the tributary, or its adjacent wetlands, or both. If the JD covers a tributazy rr~th adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. Tlie determination whether a significant nexus exists is determined in Section III.C, below.
1. Characteristics of non-TN~Vs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 781acres
Drainage area: acres
Average annual rainfall: 5034 inches
Average annual snowfall: 5.6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
^ Tributary flows through 2 tributaries before entering TNW.
Project waters are 15-20 river pules from TNW.
Identify flow route to TNWS: UT-Harris-Cathy's Creek- Second Broad River.
Tributary stream order, if known:
Project waters are 1(or less} river miles from RPW.
Project waters are 10-15 aerial (straight} miles from TN~V.
Project waters are 1 {or less} aerial (straight} Holes from RPW.
Project craters cross or serve as state boundaries. Etpl<ain:
~ Note that the Instructional Guidebook cont2ins 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 t}uough 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: 12-15 feet
Average depth: 6-R feet
Average side slopes: 2:1.
Primary tributary substrate composition (check all that apply}:
® Silts ®Sands ^ Concrete
® Cobbles ®Gravel ^ Muck
® Bedrock ^ Vegetation. Type/% cover:
^ Other. Explain:
Tributary condition/staL,ility [e.g., highly eroding, sloughing banks]. Explain:
Presence of nrnlrifflelpool comple_te,s. Explain:
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 3 %
{c) Flow:
Tributary provides for: Pick List
Estimate average number of flow events in review arealyear: 6-10
Describe flow regime: Strong, perennial flow .
Other information on duration and volume:
Surface flow is:
Characteristics:
Subsurface flow: Unkno4vn. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed andbanks
® OH~V Mb (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 fitter 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 is clear, good, some bank failures.
Identify specific pollutants, if known: NA.
~A natural or man-made disconfinuity in the OI-ItiVM 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 OIIWM thatis 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 flaw above and below the break.
Ibid.

(iv} Biological Characteristics. Channel supports (check all that apply):
® Riparian comdor. Characteristics (type, average width}:
^ Wetland fringe. Characteristics:
® Habitat for:
^ Federally Listed species. Explain findings:
® Fish/spawn areas. Explain findings: Fish in stream.
^ Other environmentally-sensitive species. Explain findings:
® Aquaticlwildlife diversity. Explain findings: presence of crayfish.
2. Characteristics of wetlands adjacent to non-TNjV 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 bermlbarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are, Pick List river miles from TN~V.
Project waters are Pick List aexial (straight) pules from TNW.
Flow is from: Pick List.
Estimate approximate. location of wetland as within the. Pick List floodplain.
(ii} Chemical Characteristics:
Characterize wetland system {e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii} Biological Characteristics. Wetland supports (check all that apply}:
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
.Sll wetland{s}being considered in the cumulative analysis: Pick List
Approximately { )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N} Size tin acres} Directly abuts? (Y/N} Size tin acres)
Summarize overall biological, chemical and physical firncflons being performed:
C. SIGNIFICANT NEXL?S 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 chenucal, 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 integrir3t of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flaw
of «•ater 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 Uiresliold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Sinularly, 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 Raparaos 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 reazing young for species that aze present in the TNW?
• Does the tributazy, 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 far 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 flnclings 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 tributazy in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT jVATERS/WETLANDS ARE (CHECK ALL
THAT APPLY}:
1. TNT~Vs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: lineaz feet width (ft}, Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPZVs that flow directly or indirectly into TNWs.
® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributazy is perennial: Harris Creek appears as a blue line on USGS Topo Maps. Also determined to be perennial by visual
observation.
^ Tributaries of TNW where tributazies have continuous flow "seasonally" (e.g., typically three months each yeaz) are
jurisdictional. Data supporting this conclusion is provided at Section IILB. Provide rationale indicating that tributary flows
seasonally:

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 types} of waters:
3. Non-RPWsR that flaw 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 prodded at Section III.C.
Provide estimates for jurisdictional waters within the review area {check all that apply):
^ Tributary waters: lineaz feet width {ft}.
^ Other non-wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flov~s~ directly or indirectly into TNLVs.
^ 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 IILD.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
^ yetlands 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: .
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but nat directly abutting an RPZV that flaw directly or indirectly into TNWs.
^ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they aze adjacent
and with similarly situated adjacent wetlands, have a sigiuficant 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-RPjVs that flow directly or indirectly into TNtVs.
^ Wetlands adjacent to such waters, andhave 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 jurisdicflonal 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 tis~ater 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 aze 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 aze or could be used for industrial purposes by industries in interstate commerce.
^ Interstate isolated waters. Explain:
^ Other factors. Explain:
See Footnote # 3.
9 To complete the analysis refer to the key in Section III.D.b of the Instructional Guidebook.
10 Prinr to asserting or declining CWA jurisdiction based solely on this category, Corps Districts rovill elevate the action tt~ Carps and EPA HQ for
review consistent with the process described in the CurpsIEPA Dlerrtorarrrlurri Regarding CWA Art Jurisdiction Fallowing Ralrartos.

Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
^ Tributary waters: linear feet width (ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
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-tivetland 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 preparedlsubmitted by or on behalf of the applicantlconsultant.
^ 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:
^ t1SDA Natural Resources Conservation Service Soil Survey. Citation:
^ National wetlands inventory map(s). Cite name:
^ State/Local ti~~etland inventory map(s):
^ FEMAIFIRM maps:
^ 100-year Floodplain Elevation is: {National Geodectic V ertical Datum of 1929}
® Photographs: ^ Aerial (Name & Date):
or ®Other (Naive & Date):Site # 6.
^ Previous determination(s). File no. and date of response letter:
^ Applicable/supporting case law:
^ -`~hhlicable/supporting scientific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

APPROVED JURISDICTIONAL DETERMINATION FOR147
LT.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION {JD}: 14/25/07
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: (2ueens Gap Site # 7
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish borough: Rutherford City: Thermal City
Center coordinates of site (laUlong in degree decimal format}: Lat. 35 31' 33.25"° N, Long. 82 00' 37.24"° W.
Universal Transverse Mercator:
Name of nearest waterbody: Harris Creek
Name of nearest Traditional Navigable Water (TN~V) lnto which the aquatic resource flows:
Name of watershed or Hydrologic Unit Code {HUC}: 03050105
® Check if mapldiagram of review area andlor 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) Detemunation. Date:
® Field Determination. Date{s}: 8/06/07
SECTION II: SUIbINLARY OF FINDINGS
A. RHA SECTION 14 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable water's 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 suscepfible for use to transport interstate or foreign commerce.
Explain:
B. CV4~A SECTION 444 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." tivithin Clean Water Act {CWA) jurisdiction (as defined by 33 CFR part 328) in the re~~ie~v area. [Re~~uired]
Waters of the U.S
a. Indicate presence of waters of LT.S, in review area {check all that apply): i
^ 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 thart 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 LT.S. in the review area:
Non-wetland. waters: 250 linear feet: 8 width (ft} andlor acres.
Wetlands: acres.
c. Limits (boundaries} of jurisdiction based on: Pick List
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):3
^ Potentially jurisdictional waters andlor 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 Far' purposes of this form, an RPW is defined as a tributary thatis not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentafion is presented in Secfion IILF.

SECTION III: CWA ANALYSIS
A. TNGVs AND WETLANDS ADJACENT TO TNT's
The agencies will assert jurisdiction over TNLVs 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:
Summarize rationale supporting determination:
2. S'4'etlandadjacent to TNSV
Sununarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (T1LAT IS NOT A TN4V) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, ifany, and it helps
determine whether or not the standards for jurisdiction established under Rapanasliave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN`Vs where the tributaries are "relatively permanent
rvateis" (RPWs}, i.e. tributaries that typically flaw year-round ar have continuous flaw at least seasonally (e.g., typically 3
months}. A 4vetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNSV, but has year-round
(perennial) flow, ship to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flaw,
skip to Section III.D.d.
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 rvaterbocly4 is not an RPW, or a rvetiancl directly abutting an RPSV, a JD mill require additional data to deternne if the
waterbody has a significant nexus with a TNZV. If tiie tributary has adjacent wetlands, tire significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, Are tributary and all of its adjacent wetlands is used rvhetlier the rerierv area identified in the JD requestis
the tributary, or its adjacent wetlands, or both. If the JD covers a tributazy rr~th adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. Tlie determination whether a significant nexus exists is determined in Section III.C, below.
1. Characteristics of non-TN~Vs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 16.8acres
Drainage area: 16.E acres
Average annual rainfall: 50. ~4" inches
Average annual snowfall: 5.6" 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 15-20 river pules from TNW.
Identify flow route to TNWS: UT-Harris-Catheys Creek-Second Broad River.
Tributary stream order, if known: First.
Project waters are 1(or less} river miles from RPW.
Project waters are 10-15 aerial (straight} miles from TN~V.
Project waters are 1 {or less} aerial (straight} Holes from RPW.
Project craters cross or serve as state boundaries. Etpl<ain:
~ Note that the Instructional Guidebook cont2ins 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 t}uough 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: Presence of old roads adjacent to site.
Tributary properties with respect to top of bank (estimate):
Average width: 8' feet
Average depth: 3' feet
Average side slopes: 2:1.
Primary tributary substrate composition (check all that apply}:
® Silts ®Sands ^ Concrete
® Cobbles ®Gravel ^ Muck
^ Bedrock ^ Vegetation. Type/% cover:
^ Other. Explain:
Tributary condition/staL,ility [e.g., highly eroding, sloughing banks]. Explain: stable banks.
Presence of nrnlrifflelpool comple_te,s. Explain: NA, this site has no water.
Tributary geometry: Relatively straight
Tributary gradient(approxirnate average slope):3-5 %
{c) Flow:
Tributary provides for: Ephemeral flow
Estimate average number of flo~~~ events in review area year: Pick List
Describe flow regime:
Other information on duration and volume:
Surface flow is: Confined. Characteristics:
Subsurface flow: No. Explain findings: no flow.
^ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed andbanks
^ OH~V Mb (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 OH~VM ~ Explain:
the presence of fitter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed ar 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 tVater 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: Dry°.
Identify specific pollutants, if known:
~A natural or man-made disconfinuity in the OI-IwM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OIIyVM has been removed by development or agricultural practices). Where there is a break in the OIIWM thatis 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 flaw above and below the break.
Ibid.

(iv} Biological Characteristics. Channel supports (check all that apply):
® Riparian comdor. Characteristics (type, average width}: Located. within planted pine forest.
^ Wetland fringe. Characteristics:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquaticlwildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNjV 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 bermlbarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are, Pick List river miles from TN~V.
Project waters are Pick List aexial (straight) pules from TNW.
Flow is from: Pick List.
Estimate approximate. location of wetland as within the. Pick List floodplain.
(ii} Chemical Characteristics:
Characterize wetland system {e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii} Biological Characteristics. Wetland supports (check all that apply}:
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
.Sll wetland{s}being considered in the cumulative analysis: Pick List
Approximately { )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N} Size tin acres} Directly abuts? (Y/N} Size tin acres)
Summarize overall biological, chemical and physical firncflons being performed:
C. SIGNIFICANT NEXL?S 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 chenucal, 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 integrir3t of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flaw
of «•ater 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 Uiresliold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW}. Sinularly, 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 Raparaos 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 reazing young for species that aze present in the TNW?
• Does the tributazy, 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:This tributary is
ephemeral and only flows after a heavy rain event. Visual observation.
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 tributazy 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 da nat directly abut the RP~V. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination w2th all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERSIWETLANDSARE (CHECK ALL
THAT APPLY}:
1. TNVVs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TN~Vs: 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 tributazies have continuous flow "seasonally" (e.g., typically three months each yeaz) are
jurisdictional. Data supporfing this conclusion is provided at Section IILB. Provide rafionale indicating that tributary flows
seasonally:

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 types} of waters:
3. Non-RPWsR that flaw 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 prodded at Section III.C.
Provide estimates for jurisdictional waters within the review area {check all that apply):
^ Tributary waters: lineaz feet width {ft}.
^ Other non-wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flov~s~ directly or indirectly into TNLVs.
^ 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 IILD.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
^ yetlands 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: .
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but nat directly abutting an RPZV that flaw directly or indirectly into TNWs.
^ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they aze adjacent
and with similarly situated adjacent wetlands, have a sigiuficant 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-RPjVs that flow directly or indirectly into TNtVs.
^ Wetlands adjacent to such waters, andhave 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 jurisdicflonal 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 tis~ater 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 aze 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 aze or could be used for industrial purposes by industries in interstate commerce.
^ Interstate isolated waters. Explain:
^ Other factors. Explain:
See Footnote # 3.
9 To complete the analysis refer to the key in Section III.D.b of the Instructional Guidebook.
10 Prinr to asserting or declining CWA jurisdiction based solely on this category, Corps Districts rovill elevate the action tt~ Carps and EPA HQ for
review consistent with the process described in the CurpsIEPA Dlerrtorarrrlurri Regarding CWA Art Jurisdiction Fallowing Ralrartos.

Identify ~=s~ater body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
^ Tributary waters: linear feet width (ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
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:This area has a
pronounced absence of r~rater flaw as well as no connection to a RPW ar TNW. This site seems to function as a storm water
feature which only has water during and shortly after storm water events.
^ 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).
^ Lakeslponds: 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 applicanUconsultant:
® Data sheets preparedlsubnutted by or on bedlalf of the applicant/consultant.
^ Office concurs with data sheets/delineation report.
^ Office does not concur u=ith 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 rna17(s). Cite scale ~ quad name:
^ t?SDA 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 Floodpl<ain Elevation is: {National Geodectic Vertical Datum of 1929)
® Photographs: ^ Aerial (Name & Date):
or ®Other (Name & Date):Impact #7.
^ Previous determination(s). File no. and date of response letter:
^ Applicablelsupporting case law:
^ ,Spplicable/supporting scientific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

APPROVED JURISDICTIONAL DETERMINATION FOR147
LT.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION {JD}: 14/25/07
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Queens Gap #$
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish borough: Rutherford City: Thermal City
Center coordinates of site (laUlong in degree decimal format}: Lat. 35 31' 13.53"° N, Long. 82 00' 0.38"° W.
Universal Transverse Mercator:
Name of nearest waterbody: Harris Creek
Name of nearest Traditional Navigable Water (TN~V) lnto which the aquatic resource flows: Second Broad River.
Name of watershed or Hydrologic Unit Code {HUC}: 03050105
® Check if mapldiagram 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) Detemunation. Date:
® Field Determination. Date{s}: 08/06/07
SECTION II: SUIbINLARY OF FINDINGS
A. RHA SECTION 14 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable water's 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 suscepfible for use to transport interstate or foreign commerce.
Explain:
B. CV4~A SECTION 444 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." tivithin Clean Water Act {CWA) jurisdiction (as defined by 33 CFR part 328) in the re~~ie~v area. [Re~~uired]
Waters of the U.S
a. Indicate presence of waters of LT.S, in review area {check all that apply): i
^ 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 thart 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 LT.S. in the review area:
Non-wetland. waters: 50 linear feet: lOw7dth (ft) and/or acres.
Wetlands: acres.
c. Limits (boundaries} of jurisdiction based on: Pick List
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 Far' purposes of this form, an RPW is defined as a tributary thatis not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentafion is presented in Secfion IILF.

SECTION III: CWA ANALYSIS
A. TNGVs AND WETLANDS ADJACENT TO TNT's
The agencies will assert jurisdiction over TNLVs 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:
Summarize rationale supporting determination:
2. S'4'etlandadjacent to TNSV
Sununarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (T1LAT IS NOT A TN4V) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, ifany, and it helps
determine whether or not the standards for jurisdiction established under Rapanasliave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN`Vs where the tributaries are "relatively permanent
rvateis" (RPWs}, i.e. tributaries that typically flaw year-round ar have continuous flaw at least seasonally (e.g., typically 3
months}. A 4vetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNSV, but has year-round
(perennial) flow, ship to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flaw,
skip to Section III.D.d.
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 rvaterbocly4 is not an RPW, or a rvetiancl directly abutting an RPSV, a JD mill require additional data to deternne if the
waterbody has a significant nexus with a TNZV. If tiie tributary has adjacent wetlands, tire significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, Are tributary and all of its adjacent wetlands is used rvhetlier the rerierv area identified in the JD requestis
the tributary, or its adjacent wetlands, or both. If the JD covers a tributazy rr~th adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. Tlie determination whether a significant nexus exists is determined in Section III.C, below.
1. Characteristics of non-TN~Vs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 127acres
Drainage area: 127 acres
Average annual rainfall: 50. ~4 inches
Average annual snowfall: 5.6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
® Tributary flows through 3 tributaries before entering TNW.
Project waters are 15-20 river pules from TNW.
Identify flow route to TNWS: UT-Harris-Cathy's Creek- Second Broad River.
Tributary stream order, if known:
Project waters are 1(or less} river miles from RPW.
Project waters are 10-15 aerial (straight} miles from TN~V.
Project waters are 1 {or less} aerial (straight} Holes from RPW.
Project craters cross or serve as state boundaries. Etpl<ain:
~ Note that the Instructional Guidebook cont2ins 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 t}uough 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: 10 feet
Average depth: 1-~ feet
Average side slopes: 3:1.
Primary tributary substrate composition (check all that apply}:
® Silts ®Sands ^ Concrete
® Cobbles ®Gravel ^ Muck
® Bedrock ^ Vegetation. Type/% cover: Absent
^ Other. Explain:
Tributary condition/staL,ility [e.g., highly eroding, sloughing banks]. Explain:
Presence of nrnlrifflelpool comple_te,s. Explain: Present, but low flow.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 3 %
{c) Flow:
Tributary provides for: Pick List
Estimate average number of flow events in review area year: 6-10
Describe flow regime:
Other information on duration and volume:
Surface flow is:
Characteristics:
Subsurface flow: Unkno4vn. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed andbanks
^ OH~V Mb (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 OH~VM ~ Explain:
^ the presence of fitter 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 tVater 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: Color= Clear- Good Quality Water.
Identify specific pollutants, if known: NA.
~A natural or man-made disconfinuity in the OI-IwM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OIIyVM has been removed by development or agricultural practices). Where there is a break in the OIIwM thatis 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 flaw above and below the break.
Ibid.

(iv} Biological Characteristics. Channel supports (check all that apply):
® Riparian comdor. Characteristics (type, average width}:
^ Wetland fringe. Characteristics:
^ Habitat for:
^ Federally Listed species. Explain findings:
® Fish/spawn areas. Explain findings: Fish Reds present.
® Other environmentally-sensitive species. Explain findings: Amphibians present.
® Aquaticlwildlife diversity. Explain findings: Macrobenthos.
2. Characteristics of wetlands adjacent to non-TNjV 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 bermlbarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are, Pick List river miles from TN~V.
Project waters are Pick List aexial (straight) pules from TNW.
Flow is from: Pick List.
Estimate approximate. location of wetland as within the. Pick List floodplain.
(ii} Chemical Characteristics:
Characterize wetland system {e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii} Biological Characteristics. Wetland supports (check all that apply}:
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
.Sll wetland{s}being considered in the cumulative analysis: Pick List
Approximately { )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N} Size tin acres} Directly abuts? (Y/N} Size tin acres)
Summarize overall biological, chemical and physical firncflons being performed:
C. SIGNIFICANT NEXL?S 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 chenucal, 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 flaw
of «•ater 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 Uiresliold of distance {e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Sinularly, 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 Raparaos 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 reazing young for species that aze present in the TNW?
• Does the tributazy, 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 far 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 flnclings 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 tributazy in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT jVATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNT~Vs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: lineaz feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPZVs 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: Visual observation.
^ 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: 54 linear feet 14 width {ft).
^ Other non-wetland. waters: acres.
Identify types} of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
^ ~Vaterbody 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 types} of waters:
4. «'etlandsclirectly abutting an RPZV" that flow directly or indirectly into TNt~'s.
^ Wetlands directly abut RPW and. thus are jursdlictional as adjacent wetlands.
^ WetlancLs directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating t11at tributary is perennial in Section IILD.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:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. jM1'etlands adjacent to but not directly abutting an RPyV that flow directly or indirectly into TNj'~'s.
^ 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 sigrficant 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.
ti. S'4'etlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
^ Wetlands adjacent to such waters, andhave 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 jurisclictional. Data. supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional watets.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 corrunerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLLIDING ISOLATED tiVETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE CONINIERCE, INCLLIDING ANY
SLICH V4'ATERS (CHECK ALL THAT APPLY):r0
^ which are or could be used by interstate or foreib 1 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.b of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely nn this category, Corps Districts rovill elevate the action tt~ Carps and EPA HQ for
review consistent with the process described in the CorpsIEPA Dlerrtorarrrlurri Regarding CWA Art Jurisdirtion Fallowing Ralrartos.

Provide estimates for jurisdictional waters in the review azea {check all that apply):
^ Tributary waters: linear feet width {ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
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
LVetland Delineation Manual ancUor appropriate Regional Supplements.
^ Revie~~~ area included isolated waters ti~~ith 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): lineaz feet, width (ft}.
^ Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquafic resource:
^ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviev~~ed 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 snap(s). Cite scale R quad name:
^ USDA Natural Resources Conservation Service Soil Survey. Citation:
^ National wetlands inventory map(s). Cite name:
^ State/Local wetland. inventory map(s):
^ FEMA/FIRM ma13s:
^ 100-year Floodplain Elevation is: (National Geodsctic Vertical Datum of 1429)
® Photographs: ^ .Aerial (Name ~ Date):
or ®Other (Name & Date):Site #8.
^ Previous determination(s). File no. and date of response letter:
^ -Applicable/supporting case law:
^ Applicablelsupportingscsentific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

APPROVED JURISDICTIONAL DETERMINATION FOR147
LT.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION {JD}: 14/25/07
B. DISTRICT OFFICE, FILE NAME, AND NUIVIBER:Queens Gap Site # 9
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish borough: Rutherford City: Thermal City
Center coordinates of site (laUlong in degree decimal format}: Lat. 35 31' 28.31 "° N, Long. 82 00' 12.78"° W.
Universal Transverse Mercator:
Name of nearest waterbody: Harris Creek
Name of nearest Traditional Navigable Water {TN~V) lnto which the aquatic resource flows: Second Broad River.
Name of watershed or Hydrologic Unit Code {HUC}: 03050105
® Check if mapldiagram of review area andlor 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) Detemunation. Date:
® Field Determination. Dates}: 08/06/07
SECTION II: SUIbINLARY OF FINDINGS
A. RHA SECTION 14 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable water's 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. CV4~A SECTION 444 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." tivithin Clean Water Act {CWA) jurisdiction (as defined by 33 CFR part 328) in the re~~ie~v area. [Re~~uired]
Waters of the U.S.
a. Indicate presence of waters of LT.S, in review area (check all that apply}: i
^ TNWs, including temtorial 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
^ Letlands 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: 60 linear feet: width (ft} andlor acres.
Wetlands: acres.
c. Limits (boundaries} of jurisdiction based on: Pick List
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):3
^ Potentially jurisdictional waters andlor 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 Far' purposes of this form, an RPW is defined as a tributary thatis not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentafion is presented in Secfion IILF.

SECTION III: CWA ANALYSIS
A. TNGVs AND WETLANDS ADJACENT TO TNT's
The agencies will assert jurisdiction over TNLVs 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:
Summarize rationale supporting determination:
2. S'4'etlandadjacent to TNSV
Sununarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (T1LAT IS NOT A TN4V) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, ifany, and it helps
determine whether or not the standards for jurisdiction established under Rapanasliave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN`Vs where the tributaries are "relatively permanent
rvateis" (RPWs}, i.e. tributaries that typically flaw year-round ar have continuous flaw at least seasonally (e.g., typically 3
months}. A 4vetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNSV, but has year-round
(perennial) flow, ship to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flaw,
skip to Section III.D.d.
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 rvaterbocly4 is not an RPW, or a rvetiancl directly abutting an RPSV, a JD mill require additional data to deternne if the
waterbody has a significant nexus with a TNZV. If tiie tributary has adjacent wetlands, tire significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, Are tributary and all of its adjacent wetlands is used rvhetlier the rerierv area identified in the JD requestis
the tributary, or its adjacent wetlands, or both. If the JD covers a tributazy rr~th adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. Tlie determination whether a significant nexus exists is determined in Section III.C, below.
1. Characteristics of non-TN~Vs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 97.9acres
Drainage area: 97.9 acres
Average annual rainfall: 5034 inches
Average annual snowfall: 5.6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
® Tributary flows through 3 tributaries before entering TNW.
Project waters are 15-20 river pules from TNW.
Identify flow route to TNWS: UT-UT-Harris-Cathy's Creek- Second Broad. River.
Tributary stream order, if known: First.
Project waters are 1(or less} river miles from RPW.
Project waters are 10-15 aerial (straight} miles from TN~V.
Project waters are 1 {or less} aerial (straight} Holes from RPW.
Project craters cross or serve as state boundaries. Etpl<ain:
~ Note that the Instructional Guidebook cont2ins 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 t}uough 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: 6-~ feet
Average depth: 1-3 feet
Average side slopes: 2:1.
Primary tributary substrate composition (check all that apply}:
® Silts ®Sands ^ Concrete
® Cobbles ®Gravel ^ Muck
® Bedrock ®Vegetation. Type/% cover: 10%
^ Other. Explain: Boulders.
Tributary condition/staL,ility [e.g., highly eroding, sloughing banks). Explain: stable.
Presence of nrnlrifflelpool comple_te,s. Explain: water levels were low- weakly developed.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 5 %
{c) Flow:
Tributary provides for: Pick List
Estimate average number of flow events in review area year: 6-10
Describe flow regime:
Other information on duration and volume:
Surface flow is:
Characteristics:
Subsurface flow: Unkno4vn. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed andbanks
^ OH~V Mb (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 OH~VM ~ Explain:
^ the presence of fitter 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 tVater 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: Clear water, general watershed characteristics- water is very low.
Identify specific pollutants, if known:
~A natural or man-made disconfinuity in the OI-IwM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OIIyVM has been removed by development or agricultural practices). Where there is a break in the OIIwM thatis 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 flaw above and below the break.
Ibid.

(iv} Biological Characteristics. Channel supports (check all that apply}:
® Riparian comdor. Characteristics (type, average width}:
^ Wetland fringe. Characteristics:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
® Other environmentally-sensitive species. Explain findings:
® Aquaticlwildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNjV 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 bermlbarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are, Pick List river miles from TN~V.
Project waters are Pick List aexial (straight) pules from TNW.
Flow is from: Pick List.
Estimate approximate. location of wetland as within the. Pick List floodplain.
(ii} Chemical Characteristics:
Characterize wetland system {e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii} Biological Characteristics. Wetland supports (check all that apply}:
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
.Sll wetland{s}being considered in the cumulative analysis: Pick List
Approximately { )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N} Size tin acres} Directly abuts? (Y/N} Size tin acres)
Summarize overall biological, chemical and physical firncflons being performed:
C. SIGNIFICANT NEXL?S 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 chenucal, 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 flaw
of «•ater 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 Uiresliold of distance {e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Sinularly, 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 Raparaos 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 reazing young for species that aze present in the TNW?
• Does the tributazy, 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 far 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 flnclings 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 tributazy in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT jVATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNT~Vs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: lineaz feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPZVs 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: Visual observation.
^ 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: linear feet width (ft).
^ Other non-wetland. waters: acres.
Identify types} of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
^ ~Vaterbody 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 types} of waters:
4. «'etlandsclirectly abutting an RPZV" that flow directly or indirectly into TNt~'s.
^ Wetlands directly abut RPW and. thus are jursdctional as adjacent wetlands.
^ WetlancLs directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating t11at tributary is perennial in Section IILD.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:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. jM1'etlands adjacent to but not directly abutting an RPyV that flow directly or indirectly into TNj'~'s.
^ 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 sigrficant 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.
ti. S'4'etlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
^ Wetlands adjacent to such waters, andhave 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 juriscctional. Data. supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional watets.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 corrunerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLLIDING ISOLATED tiVETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE CONINIERCE, INCLLIDING ANY
SLICH V4'ATERS (CHECK ALL THAT APPLY):r0
^ which are or could be used by interstate or foreib 1 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.b of the Instructional Guidebook.
10 Prinr to asserting or declining CWA jurisdiction based solely nn this category, Corps Districts rovill elevate the action tt~ Carps and EPA HQ for
review consistent with the process described in the CorpsIEPA Dlerrtorarrrlurri Regarding CWA Art Jurisdirtion Fallowing Ralrartos.

Provide estimates for jurisdictional waters in the review azea {check all that apply):
^ Tributary waters: linear feet width {ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
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
LVetland Delineation Manual ancUor appropriate Regional Supplements.
^ Revie~~~ area included isolated waters ti~~ith 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): lineaz feet, width (ft}.
^ Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquafic resource:
^ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviev~~ed 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 snap(s). Cite scale R quad name:
^ USDA Natural Resources Conservation Service Soil Survey. Citation:
^ National wetlands inventory map(s). Cite name:
^ State/Local wetland. inventory map(s):
^ FEMA/FIRM ma13s:
^ 100-year Floodplain Elevation is: (National Geodsctic Vertical Datum of 1429)
® Photographs: ^ .Aerial (Name ~ Date):
or ®Other (Name & Date):Site #9.
^ Previous determination(s). File no. and date of response letter:
^ -Applicable/supporting case law:
^ Applicablelsupportingscsentific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

APPROVED JURISDICTIONAL DETERMINATION FOR147
LT.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION {JD}: 14/25/07
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: (2ueens Gap Site #14
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish borough: Rutherford City: Thermal City
Center coordinates of site (laUlong in degree decimal format}: Lat. 35 31' 16.01 "° N, Long. 82 00' 26.25"° W.
Universal Transverse Mercator:
Name of nearest waterbody: Harris Creek
Name of nearest Traditional Navigable Water (TN~V) lnto which the aquatic resource flows: Second Broad River.
Name of watershed or Hydrologic Unit Code {HUC}: 03050105
® Check if mapldiagram of review area andlor 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) Detemunation. Date:
® Field Determination. Date{s}: 08/06/07
SECTION II: SUIbINLARY OF FINDINGS
A. RHA SECTION 14 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable water's 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 suscepfible for use to transport interstate or foreign commerce.
Explain:
B. CV4~A SECTION 444 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." tivithin Clean Water Act {CWA) jurisdiction (as defined by 33 CFR part 328) in the re~~ie~v area. [Re~~uired]
Waters of the U.S
a. Indicate presence of waters of LT.S, in review area {check all that apply): i
^ 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 thart 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 LT.S. in the review area:
Non-wetland. waters: 50 linear feet: width (ft) andlor acres.
Wetlands: acres.
c. Limits (boundaries} of jurisdiction based on: Pick List
Elevation of established OHWM (if knotivn):
2. Non-regulated waters/wetlands (check if applicable):3
^ Potentially jurisdictional waters andlor 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 Far' purposes of this form, an RPW is defined as a tributary thatis not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentafion is presented in Secfion IILF.

SECTION III: CWA ANALYSIS
A. TNGVs AND WETLANDS ADJACENT TO TNT's
The agencies will assert jurisdiction over TNLVs 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:
Summarize rationale supporting determination:
2. S'4'etlandadjacent to TNSV
Sununarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (T1LAT IS NOT A TN4V) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, ifany, and it helps
determine whether or not the standards for jurisdiction established under Rapanasliave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN`Vs where the tributaries are "relatively permanent
rvateis" (RPWs}, i.e. tributaries that typically flaw year-round ar have continuous flaw at least seasonally (e.g., typically 3
months}. A 4vetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNSV, 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 flaw,
skip to Section III.D.d.
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 rvaterbocly4 is not an RPW, or a rvetiancl directly abutting an RPSV, a JD mill require additional data to deternne if the
waterbody has a significant nexus with a TNZV. If tiie tributary has adjacent wetlands, tire significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, Are tributary and all of its adjacent wetlands is used rvhetlier the rerierv area identified in the JD requestis
the tributary, or its adjacent wetlands, or both. If the JD covers a tributazy rr~th adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. Tlie determination whether a significant nexus exists is determined in Section III.C, below.
1. Characteristics of non-TN~Vs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 74.bacres
Drainage area: 74.6 Pick List
Average annual rainfall: 5034 inches
Average annual snowfall: 5.6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
® Tributary flows through 3 tributaries before entering TNW.
Project waters are 15-20 river pules from TNW.
Identify flow route to TNWS: UT-Harris-Cathy's Creek- Second Broad River.
Tributary stream order, if known:
Project waters are 1(or less} river miles from RPW.
Project waters are 10-15 aerial (straight} miles from TN~V.
Project waters are 1 {or less} aerial (straight} Holes from RPW.
Project craters cross or serve as state boundaries. Etpl<ain:
~ Note that the Instructional Guidebook cont2ins 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 t}uough 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: 7 feet
Average depth: 4 feet
Average side slopes: 3:1.
Primary tributary substrate composition (check all that apply}:
® Silts ^ Sands ^ Concrete
® Cobbles ®Gravel ^ Muck
^ Bedrock ®Vegetation. Type/% cover: Herbaceous Veg
^ Other. Explain:
Tributary condition/staL,ility [e.g., highly eroding, sloughing banks). Explain:
Presence of nrnlrifflelpool comple_te,s. Explain: No- Low water flow.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 3 %
{c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flo~~~ events in review area year: 6-10
Describe flow regime:
Other information on duration and volume:
Surface flow is:
Characteristics:
Subsurface flow: Unknown. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed andbanks
® OH~V Mb (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 OH~VM ~ Explain:
^ the presence of fitter 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 tVater 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 tributayy (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.}.
Explain: Clear water, general watershed chazacteristics, clear, water very low.
Identify specific pollutants, if known: unknown.
~A natural or man-made disconfinuity in the OI-IwM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OIIyVM has been removed by development or agricultural practices). Where there is a break in the OIIWM thatis 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 flaw above and below the break.
Ibid.

(iv} Biological Characteristics. Channel supports (check all that apply}:
® Riparian comdor. Characteristics (type, average width}:
^ Wetland fringe. Characteristics:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
® Aquaticlwildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNjV 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 bermlbarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are, Pick List river miles from TN~V.
Project waters are Pick List aexial (straight) pules from TNW.
Flow is from: Pick List.
Estimate approximate. location of wetland as within the. Pick List floodplain.
(ii} Chemical Characteristics:
Characterize wetland system {e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii} Biological Characteristics. Wetland supports (check all that apply}:
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
.Sll wetland{s}being considered in the cumulative analysis: Pick List
Approximately { )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N} Size tin acres} Directly abuts? (Y/N} Size tin acres)
Summarize overall biological, chemical and physical functons being performed:
C. SIGNIFICANT NEXL?S 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 chenucal, 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 flaw
of «•ater 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 Uiresliold of distance {e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Sinularly, 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 Raparaos 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 reazing young for species that aze present in the TNW?
• Does the tributazy, 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 far 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 flnclings 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 tributazy in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT jVATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNT~Vs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: lineaz feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPZVs 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: Visual Observation.
^ 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? width (ft).
^ Other non-wetland. waters: acres.
Identify types} of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
^ ~Vaterbody 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 types} of waters:
4. «'etlandsclirectly abutting an RPZV" that flow directly or indirectly into TNt~'s.
^ Wetlands directly abut RPW and. thus are juriscctional as adjacent wetlands.
^ WetlancLs directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating t11at tributary is perennial in Section IILD.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:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. jM1'etlands adjacent to but not directly abutting an RPyV that flow directly or indirectly into TNj'~'s.
^ 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 sigrficant 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.
ti. S'4'etlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
^ Wetlands adjacent to such waters, andhave 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 juriscctional. Data. supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional watets.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 corrunerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLLIDING ISOLATED tiVETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE CONINIERCE, INCLLIDING ANY
SLICH V4'ATERS (CHECK ALL THAT APPLY):r0
^ which are or could be used by interstate or foreib 1 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.b of the Instructional Guidebook.
10 Prinr to asserting or declining CWA jurisdiction based solely nn this category, Corps Districts rovill elevate the action tt~ Carps and EPA HQ for
review consistent with the process described in the CorpsIEPA Dlerrtorarrrlurri Regarding CWA Art Jurisdirtion Fallowing Ralrartos.

Provide estimates for jurisdictional waters in the review azea {check all that apply):
^ Tributary waters: linear feet width {ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
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
LVetland Delineation Manual ancUor appropriate Regional Supplements.
^ Revie~~~ area included isolated waters ti~~ith 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): lineaz feet, width (ft}.
^ Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquafic resource:
^ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviev~~ed 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 snap(s). Cite scale R quad name:
^ USDA Natural Resources Conservation Service Soil Survey. Citation:
^ National wetlands inventory map(s). Cite name:
^ State/Local wetland. inventory map(s):
^ FEMA/FIRM ma13s:
^ 100-year Floodplain Elevation is: (National Geodsctic Vertical Datum of 1429)
® Photographs: ^ .Aerial (Name ~ Date):
or ®Other (Name & Date): Site # 10.
^ Previous determination(s). File no. and date of response letter:
^ -Applicable/supporting case law:
^ Applicablelsupportingscsentific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

APPROVED JURISDICTIONAL DETERMINATION FOR147
LT.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION {JD}: 14/25/07
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: (2ueens Gap Site # 11
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish borough: Rutherford City: Thermal City
Center coordinates of site (laUlong in degree decimal format}: Lat. 35 31' 15.27"° N, Long. 82 00' 29.73"° W.
Universal Transverse Mercator:
Name of nearest waterbody: Harris Creek
Name of nearest Traditional Navigable Water (TN~V) Into which the aquatic resource flows: econd Broad River.
Name of watershed or Hydrologic Unit Code {HUC}: 03050105
® Check if mapldiagram of review area andlor 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) Detemunation. Date:
® Field Determination. Date{s}: 08/06/07
SECTION II: SUIbINLARY OF FINDINGS
A. RHA SECTION 14 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable water's 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 suscepfible for use to transport interstate or foreign commerce.
Explain:
B. CV4~A SECTION 444 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." tivithin Clean Water Act {CWA) jurisdiction (as defined by 33 CFR part 328) in the re~~ie~v area. [Re~~uired]
Waters of the U.S
a. Indicate presence of waters of LT.S, in review area {check all that apply): i
^ 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 thart 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 LT.S. in the review area:
Non-wetland. waters: 50 linear feet: 12 width (ft} andlor acres.
Wetlands: acres.
c. Limits (boundaries} of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if known):
2. Non-regulated waters/wetiands (check if applicable):3
^ Potentially jurisdictional waters andlor 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 Far' purposes of this form, an RPW is defined as a tributary thatis not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentafion is presented in Secfion IILF.

SECTION III: CWA ANALYSIS
A. TNGVs AND WETLANDS ADJACENT TO TNT's
The agencies will assert jurisdiction over TNLVs 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:
Summarize rationale supporting determination:
2. S'4'etlandadjacent to TNSV
Sununarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (T1LAT IS NOT A TN4V) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, ifany, and it helps
determine whether or not the standards for jurisdiction established under Rapanasliave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN`Vs where the tributaries are "relatively permanent
rvateis" (RPWs}, i.e. tributaries that typically flaw year-round ar have continuous flaw at least seasonally (e.g., typically 3
months}. A 4vetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNSV, but has year-round
(perennial) flow, ship to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flaw,
skip to Section III.D.d.
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 rvaterbocly4 is not an RPW, or a rvetiancl directly abutting an RPSV, a JD mill require additional data to deternne if the
waterbody has a significant nexus with a TNZV. If tiie tributary has adjacent wetlands, tiie significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, Are tributary and all of its adjacent wetlands is used rvhetlier the rerierv area identified in the JD requestis
the tributary, or its adjacent wetlands, or both. If the JD covers a tributazy rr~th adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. Tlie determination whether a significant nexus exists is determined in Section III.C, below.
1. Characteristics of non-TN~Vs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 34:?.fiacres
Drainage area: 34.26 Pick List
.Average annual rainfall: 50.34 inches
Average annual snowfall: 5.6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
® Tributary flows through 3 tributaries before entering TNW.
Project waters are 15-20 river pules from TNW.
Identify flow route to TNWS: UT-Harris-Cathy's Creek- Second Broacl River.
Tributary stream order, if known: Second..
Project waters are 1(or less} river miles from RPW.
Project waters are 10-15 aerial (straight} miles from TN~V.
Project waters are 1 {or less} aerial (straight} Holes from RPW.
Project craters cross or serve as state boundaries. Etpl<ain:
~ Note that the Instructional Guidebook cont2ins additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
s Flow route can be described by identifying, e.g., tributary a, which flows t}uough 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: Road Cuts Cross Channel (bridge},
Tributary properties with respect to top of bank (estimate):
Average width: 12 feet
Average depth: 5 feet
Average side slopes: 2:1.
Primary tributary substrate composition (check all that apply}:
® Silts ®Sands ^ Concrete
® Cobbles ®Gravel ^ Muck
^ Bedrock ®Vegetation. Type/% cover: herbaceous vegetation growing in channel
^ Other. Explain:
Tributary condition/staL,ility [e.g., highly eroding, sloughing banks]. Explain:
Presence of nrnlrifflelpool comple_te,s. Explain:
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 4-5 %
{c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flo~~~ events in review area year: 6-10
Describe flow regime:
Other information on duration and volume:
Surface flow is:
Characteristics:
Subsurface flow: Unknown. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed andbanks
^ OH~V Mb (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 OH~VM ~ Explain:
^ the presence of fitter 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 tVater 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: tVater color clear, general watershed characteristics.
Identify specific pollutants, if known: NA.
~A natural or man-made disconfinuity in the OI-IwM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OIIyVM has been removed by development or agricultural practices). Where there is a break in the OIIWM thatis 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 flaw above and below the break.
Ibid.

(iv} Biological Characteristics. Channel supports (check all that apply):
® Riparian comdor. Characteristics (type, average width}:
^ Wetland fringe. Characteristics:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
® Other environmentally-sensitive species. Explain findings: Amphibians.
® Aquaticlwildlife diversity. Explain findings: Deer, Raccoon.
2. Characteristics of wetlands adjacent to non-TNjV 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 bermlbarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are, Pick List river miles from TN~V.
Project waters are Pick List aexial (straight) pules from TNW.
Flow is from: Pick List.
Estimate approximate. location of wetland as within the. Pick List floodplain.
(ii} Chemical Characteristics:
Characterize wetland system {e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii} Biological Characteristics. Wetland supports (check all that apply}:
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
.Sll wetland{s}being considered in the cumulative analysis: Pick List
Approximately { )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N} Size tin acres} Directly abuts? (Y/N} Size tin acres)
Summarize overall biological, chemical and physical firncflons being performed:
C. SIGNIFICANT NEXL?S 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 chenucal, 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 flaw
of «•ater 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 Uiresliold of distance {e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Sinularly, 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 Raparaos 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 reazing young for species that aze present in the TNW?
• Does the tributazy, 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 far 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 flnclings 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 tributazy in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT jVATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNT~Vs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: lineaz feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPZVs 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: Visual observation.
^ 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 feetl2 width (ft).
^ Other non-wetland. waters: acres.
Identify types} of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
^ ~Vaterbody 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 types} of waters:
4. «'etlandsclirectly abutting an RPZV" that flow directly or indirectly into TNt~'s.
^ Wetlands directly abut RPW and. thus are jursdctional as adjacent wetlands.
^ WetlancLs directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating t11at tributary is perennial in Section IILD.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:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. jM1'etlands adjacent to but not directly abutting an RPyV that flow directly or indirectly into TNj'~'s.
^ 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 sigrficant 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.
ti. S'4'etlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
^ Wetlands adjacent to such waters, andhave 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 juriscctional. Data. supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional watets.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 corrunerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLLIDING ISOLATED tiVETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE CONINIERCE, INCLLIDING ANY
SLICH V4'ATERS (CHECK ALL THAT APPLY):r0
^ which are or could be used by interstate or foreib 1 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.b of the Instructional Guidebook.
10 Prinr to asserting or declining CWA jurisdiction based solely nn this category, Corps Districts rovill elevate the action tt~ Carps and EPA HQ for
review consistent with the process described in the CorpsIEPA Dlerrtorarrrlurri Regarding CWA Art Jurisdirtion Fallowing Ralrartos.

Provide estimates for jurisdictional waters in the review azea (check all that apply):
^ Tributary waters: linear feet width {ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
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
LVetland Delineation Manual ancUor appropriate Regional Supplements.
^ Revie~~~ area included isolated waters ti~~ith 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): lineaz feet, width (ft}.
^ Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquafic resource:
^ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviev~~ed 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 snap(s). Cite scale R quad name:
^ USDA Natural Resources Conservation Service Soil Survey. Citation:
^ National wetlands inventory map(s). Cite name:
^ State/Local wetland. inventory map(s):
^ FEMA/FIRM ma13s:
^ 100-year Floodplain Elevation is: (National Geodsctic Vertical Datum of 1429)
® Photographs: ^ .Aerial (Name ~ Date):
or ®Other (Name & Date): Site # 11.
^ Previous determination(s). File no. and date of response letter:
^ -Applicable/supporting case law:
^ Applicablelsupportingscsentific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD: "16" Plastic culvert exists (25'). Functioning. Located to side of traditional channel.
Age? Existing impact?".

APPROVED JURISDICTIONAL DETERMINATION FOR147
LT.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION {JD}: 14/25/07
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: (2ueens Gap Site #12
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish borough: Rutherford City: Thermal City
Center coordinates of site (laUlong in degree decimal format}: Lat. 35 31' 7.94"° N, Long. 82 00' 40.77"° W.
Universal Transverse Mercator:
Name of nearest waterbody: Harris Creek
Name of nearest Traditional Navigable Water (TN~V) lnto which the aquatic resource flows: Second Broad River.
Name of watershed or Hydrologic Unit Code {HUC}: 03050105
® Check if mapldiagram of review area andlor 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) Detemunation. Date:
® Field Determination. Date{s}: 08/06/07
SECTION II: SUIbINLARY OF FINDINGS
A. RHA SECTION 14 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable water's 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 suscepfible for use to transport interstate or foreign commerce.
Explain:
B. CV4~A SECTION 444 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." tivithin Clean Water Act {CWA) jurisdiction (as defined by 33 CFR part 328) in the re~~ie~v area. [Re~~uired]
Waters of the U.S
a. Indicate presence of waters of LT.S, in review area {check all that apply): i
^ 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 thart 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 LT.S. in the review area:
Non-wetland. waters: 3,881linear feet: 2.0 width (ft) and/or acres.
Wetlands: acres.
c. Limits (boundaries} of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if knotivn):
2. Non-regulated waters/wetiands (check if applicable):3
^ Potentially jurisdictional waters andlor 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 Far' purposes of this form, an RPW is defined as a tributary thatis not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentafion is presented in Secfion IILF.

SECTION III: CWA ANALYSIS
A. TNGVs AND WETLANDS ADJACENT TO TNT's
The agencies will assert jurisdiction over TNLVs 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:
Summarize rationale supporting determination:
2. S'4'etlandadjacent to TNSV
Sununarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (T1LAT IS NOT A TN4V) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, ifany, and it helps
determine whether or not the standards for jurisdiction established under Rapanasliave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN`Vs where the tributaries are "relatively permanent
rvateis" (RPWs}, i.e. tributaries that typically flaw year-round ar have continuous flaw at least seasonally (e.g., typically 3
months}. A 4vetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNSV, but has year-round
(perennial) flow, ship to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flaw,
skip to Section III.D.d.
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 rvaterbocly4 is not an RPW, or a rvetiancl directly abutting an RPSV, a JD mill require additional data to deternne if the
waterbody has a significant nexus with a TNZV. If tiie tributary has adjacent wetlands, tiie significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, Are tributary and all of its adjacent wetlands is used rvhetlier the rerierv area identified in the JD requestis
the tributary, or its adjacent wetlands, or both. If the JD covers a tributazy rr~th adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. Tlie determination whether a significant nexus exists is determined in Section III.C, below.
1. Characteristics of non-TN~Vs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 557.(iacres
Drainage area: 557.6 Pick List
.Average annual rainfall: 50.34 inches
Average annual snowfall: 5.6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
® Tributary flows through 2 tributaries before entering TNW.
Project waters are 15-20 river pules from TNW.
Identify flow route to TNWS: Hams to Cathy Creek to Second Broad River.
Tributary stream order, if known: tIT-Harris-Cathy's Creek- Second Broad River
Project waters are 1(or less} river miles from RPW.
Project waters are 10-15 aerial (straight} miles from TN~V.
Project waters are 1 {or less} aerial (straight} Holes from RPW.
Project craters cross or serve as state boundaries. Etpl<ain:
~ Note that the Instructional Guidebook cont2ins 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 t}uough 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: 2Q feet
Average depth: 6-R feet
Average side slopes: 2:1.
Primary tributary substrate composition (check all that apply}:
® Silts ®Sands ^ Concrete
® Cobbles ®Gravel ®Muck
® Bedrock ^ Vegetation. Type/% cover:
^ Other. Explain:
Tributary condition/staL,ility [e.g., highly eroding, sloughing banks]. Explain: Some Bank Failures.
Presence of nrnlrifflelpool comple_te,s. Explain: yes.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 4 %
{c) Flow:
Tributary provides for: Pick List
Estimate average number of flow events in review area year: 6-10
Describe flow regime:
Other information on duration and volume:
Surface flow is:
Characteristics:
Subsurface flow: Unkno4vn. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed andbanks
^ OH~V Mb (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 OH~VM ~ Explain:
^ the presence of fitter 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 tVater 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: Clear, Good quality, general watershed characteristics.
Identify specific pollutants, if known: unknown if any.
~A natural or man-made disconfinuity in the OI-ItiVM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OIIyVM has been removed by development or agricultural practices). Where there is a break in the OIIWM thatis 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 flaw above and below the break.
Ibid.

(iv} Biological Characteristics. Channel supports (check all that apply):
® Riparian comdor. Characteristics (type, average width}:
^ Wetland fringe. Characteristics:
® Habitat for:
^ Federally Listed species. Explain findings:
® Fish/spawn areas. Explain findings: Fish Reds present.
^ Other environmentally-sensitive species. Explain findings: Amphibiuans.
® Aquaticlwildlife diversity. Explain findings: Macrobenthos, Deer tracks and racoon tracks present.
2. Characteristics of wetlands adjacent to non-TNjV 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 bermlbarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are, Pick List river miles from TN~V.
Project waters are Pick List aexial (straight) pules from TNW.
Flow is from: Pick List.
Estimate approximate. location of wetland as within the. Pick List floodplain.
(ii} Chemical Characteristics:
Characterize wetland system {e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii} Biological Characteristics. Wetland supports (check all that apply}:
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
.Sll wetland{s}being considered in the cumulative analysis: Pick List
Approximately { )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N} Size tin acres} Directly abuts? (Y/N} Size tin acres)
Summarize overall biological, chemical and physical functons being performed:
C. SIGNIFICANT NEXL?S 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 chenucal, 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 flaw
of «•ater 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 Uiresliold of distance {e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Sinularly, 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 Raparaos 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 reazing young for species that aze present in the TNW?
• Does the tributazy, 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 far 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 flnclings 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 tributazy in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT jVATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNT~Vs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: lineaz feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPZVs 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: Visual Observation. Harris Creek appeazs as a blue line on the USGS topo map.
^ 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: 3,882 linear feet24 width {ft}.
^ Other non-wetland. waters: acres.
Identify types} of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
^ ~Vaterbody 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 types} of waters:
4. «'etlandsclirectly abutting an RPZV" that flow directly or indirectly into TNt~'s.
^ Wetlands directly abut RPW and. thus are jursdctional as adjacent wetlands.
^ WetlancLs directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating t11at tributary is perennial in Section IILD.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:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. jM1'etlands adjacent to but not directly abutting an RPyV that flow directly or indirectly into TNj'~'s.
^ 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 sigrficant 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.
ti. S'4'etlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
^ Wetlands adjacent to such waters, andhave 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 juriscctional. Data. supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional watets.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 corrunerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLLIDING ISOLATED tiVETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE CONINIERCE, INCLLIDING ANY
SLICH V4'ATERS (CHECK ALL THAT APPLY):r0
^ which are or could be used by interstate or foreib 1 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.b of the Instructional Guidebook.
10 Prinr to asserting or declining CWA jurisdiction based solely nn this category, Corps Districts rovill elevate the action tt~ Carps and EPA HQ for
review consistent with the process described in the CorpsIEPA Dlerrtorarrrlurri Regarding CWA Art Jurisdirtion Fallowing Ralrartos.

Provide estimates for jurisdictional waters in the review azea {check all that apply):
^ Tributary waters: linear feet width {ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
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
LVetland Delineation Manual ancUor appropriate Regional Supplements.
^ Revie~~~ area included isolated waters ti~~ith 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): lineaz feet, width (ft}.
^ Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquafic resource:
^ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviev~~ed 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 snap(s). Cite scale R quad name:
^ USDA Natural Resources Conservation Service Soil Survey. Citation:
^ National wetlands inventory map(s). Cite name:
^ State/Local wetland. inventory map(s):
^ FEMA/FIRM ma13s:
^ 100-year Floodplain Elevation is: (National Geodsctic Vertical Datum of 1429)
® Photographs: ^ .Aerial (Name ~ Date):
or ®Other (Name & Date):Site #12.
^ Previous determination(s). File no. and date of response letter:
^ -Applicable/supporting case law:
^ Applicablelsupportingscsentific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

APPROVED JURISDICTIONAL DETERMINATION FOR147
LT.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION {JD}: 14/25/07
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: (2ueens Gap Site #13
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish borough: Rutherford City: Thermal City
Center coordinates of site (laUlong in degree decimal format}: Lat. 35 31' 16.51 "° N, Long. 82 00' 53.74° W.
Universal Transverse Mercator:
Name of nearest waterbody: Harris Creek
Name of nearest Traditional Navigable Water {TN~V) Into which the aquatic resource flows: Second Broad River
Name of watershed or Hydrologic Unit Code {HUC}: 03050105
® Check if mapldiagram of review area andlor 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) Detemunation. Date:
® Field Determination. Date{s}: Aug-3-2007
SECTION II: SUIbINLARY OF FINDINGS
A. RHA SECTION 14 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable water's 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. CV4~A SECTION 444 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." tivithin Clean Water Act {CWA) jurisdiction (as defined by 33 CFR part 328) in the re~~ie~v area. [Re~~uired]
Waters of the U.S.
a. Indicate presence of waters of LT.S, in review area (check all that apply}: i
^ TNWs, including temtorial 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
^ Letlands 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 LT.S. in the review area:
Non-wetland. waters: 3,881 linear feet: 8 width (ft) and/or 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):3
^ Potentially jurisdictional waters andlor 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 Far' purposes of this form, an RPW is defined as a tributary thatis not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentafion is presented in Secfion IILF.

SECTION III: CWA ANALYSIS
A. TNGVs AND WETLANDS ADJACENT TO TNT's
The agencies will assert jurisdiction over TNLVs 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:
Summarize rationale supporting determination:
2. S'4'etlandadjacent to TNSV
Sununarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (T1LAT IS NOT A TN4V) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, ifany, and it helps
determine whether or not the standards for jurisdiction established under Rapanasliave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN`Vs where the tributaries are "relatively permanent
rvateis" (RPWs}, i.e. tributaries that typically flaw year-round ar have continuous flaw at least seasonally (e.g., typically 3
months}. A 4vetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNSV, but has year-round
(perennial) flow, ship to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flaw,
skip to Section III.D.d.
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 rvaterbocly4 is not an RPW, or a rvetiancl directly abutting an RPSV, a JD mill require additional data to deternne if the
waterbody has a significant nexus with a TNZV. If tiie tributary has adjacent wetlands, tiie significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, Are tributary and all of its adjacent wetlands is used rvhetlier the rerierv area identified in the JD requestis
the tributary, or its adjacent wetlands, or both. If the JD covers a tributazy rr~th adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. Tlie determination whether a significant nexus exists is determined in Section III.C, below.
1. Characteristics of non-TN~Vs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 495.56acres
Drainage area: 496 acres
.Average annual rainfall: 50.34 inches
Average annual snowfall: 5.6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
® Tributary flows through 2 tributaries before entering TNW.
Project waters are 15-20 river pules from TNW.
Identify flow route to TNWS: UT-Harris-Cathy's Creek- Second Broad River.
Tributary stream order, if known: First.
Project waters are 1(or less} river miles from RPW.
Project waters are 10-15 aerial (straight} miles from TN~V.
Project waters are 1 {or less} aerial (straight} Holes from RPW.
Project craters cross or serve as state boundaries. Etpl<ain:
~ Note that the Instructional Guidebook cont2ins 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 t}uough 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: 8 feet
Average depth:.2 feet.
Average side slopes: 2:1.
Primary tributary substrate composition (check all that apply}:
^ Silts ®Sands ^ Concrete
® Cobbles ®Gravel ^ Muck
® Bedrock ^ Vegetation. Type/% cover:
^ Other. Explain:
Tributary condition/staL,ility [e.g., highly eroding, sloughing banks]. Explain: Impacted., but restabilized.
Presence of nrnlrifflelpool comple_te,s. Explain: yes, good.
Tributary geometry: Relatively straight
Tributary gradient(approxirnate average slope):5-5 %
{c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flo~~~ events in review area year: 6-10
Describe flow regime:
Other information on duration and volume:
Surface flow is:
Characteristics:
Subsurface flow: Unknown. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed andbanks
^ OH~V Mb (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 OH~VM ~ Explain:
® the presence of fitter 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 tVater 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: fairly clear, murky pools.
Identify specific pollutants, if known:
~A natural or man-made disconfinuity in the OI-IwM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OIIyVM has been removed by development or agricultural practices). Where there is a break in the OIIWM thatis 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 flaw above and below the break.
Ibid.

(iv} Biological Characteristics. Channel supports (check all that apply):
® Riparian comdor. Characteristics (type, average width}:
^ Wetland fringe. Characteristics:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
® Aquaticlwildlife diversity. Explain findings: minnows, water penies, caddisfly larvae, snails(not abundant}.
2. Characteristics of wetlands adjacent to non-TNjV 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 bermlbarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are, Pick List river miles from TN~V.
Project waters are Pick List aexial (straight) pules from TNW.
Flow is from: Pick List.
Estimate approximate. location of wetland as within the. Pick List floodplain.
(ii} Chemical Characteristics:
Characterize wetland system {e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii} Biological Characteristics. Wetland supports (check all that apply}:
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
.Sll wetland{s}being considered in the cumulative analysis: Pick List
Approximately { )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N} Size tin acres} Directly abuts? (Y/N} Size tin acres)
Summarize overall biological, chemical and physical functons being performed:
C. SIGNIFICANT NEXL?S 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 chenucal, 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 flaw
of «•ater 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 Uiresliold of distance {e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Sinularly, 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 Raparaos 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 reazing young for species that aze present in the TNW?
• Does the tributazy, 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 far 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 flnclings 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 tributazy in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT jVATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNT~Vs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: lineaz feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPZVs 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: Visual Observation.
^ 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: 3,881 linear feet8 width (ft).
^ Other non-wetland. waters: acres.
Identify types} of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
^ ~Vaterbody 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 types} of waters:
4. «'etlandsclirectly abutting an RPZV" that flow directly or indirectly into TNt~'s.
^ Wetlands directly abut RPW and. thus are juriscctional as adjacent wetlands.
^ WetlancLs directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating t11at tributary is perennial in Section IILD.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:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. jM1'etlands adjacent to but not directly abutting an RPyV that flow directly or indirectly into TNj'~'s.
^ 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 sigrficant 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.
ti. S'4'etlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
^ Wetlands adjacent to such waters, andhave 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 juriscctional. Data. supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional watets.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 corrunerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLLIDING ISOLATED tiVETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE CONINIERCE, INCLLIDING ANY
SLICH V4'ATERS (CHECK ALL THAT APPLY):r0
^ which are or could be used by interstate or foreib 1 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.b of the Instructional Guidebook.
10 Prinr to asserting or declining CWA jurisdiction based solely nn this category, Corps Districts rovill elevate the action tt~ Carps and EPA HQ for
review consistent with the process described in the CorpsIEPA Dlerrtorarrrlurri Regarding CWA Art Jurisdirtion Fallowing Ralrartos.

Provide estimates for jurisdictional waters in the review azea {check all that apply):
^ Tributary waters: linear feet width {ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
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
LVetland Delineation Manual ancUor appropriate Regional Supplements.
^ Revie~~~ area included isolated waters ti~~ith 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): lineaz feet, width (ft}.
^ Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquafic resource:
^ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviev~~ed 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 snap(s). Cite scale R quad name:
^ USDA Natural Resources Conservation Service Soil Survey. Citation:
^ National wetlands inventory map(s). Cite name:
^ State/Local wetland. inventory map(s):
^ FEMA/FIRM ma13s:
^ 100-year Floodplain Elevation is: (National Geodsctic Vertical Datum of 1429)
® Photographs: ^ .Aerial (Name ~ Date):
or ®Other (Name & Date): Site #13.
^ Previous determination(s). File no. and date of response letter:
^ -Applicable/supporting case law:
^ Applicablelsupportingscsentific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

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): 10/25/07
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Queens Gap Site #14
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish borough: Rutherford City: Thermal City
Center coordinates of site (lat/long in degree decimal format): Lat. 35 31' 25.57"° N, Long. 82 00' 59.39"° W.
Universal Transverse Mercator:
Name of nearest waterbody: Harris Creek
Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: Second Broad River.
Name of watershed or Hydrologic Unit Code (HUC): 03050105
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): 8/06/07
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 watersZ (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: 1,614 linear feet: 20 width (ft) and/or 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):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 [II.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.1.; otherwise, see Section IILB below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, 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: 395.5acres
Drainage area: 396 acres
Average annual rainfall: 50.34 inches
Average annual snowfall: 5.6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
® Tributary flows through 2 tributaries before entering TNW.
Project waters are 15-20 river miles from TNW.
Project waters are 1 (or less) river miles from RPW.
Project waters are 10-15 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:
Identify flow route to TNWS: UT-Harris-Cathy's Creek- Second Broad River.
Tributary stream order, if known: First.
1 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 the review area, to flow into tributary b, which then flows into TNW.

(b) General Tributary Characteristics (check all that apnlvl:
Tributary is: ®Natural
^ Artificial (man-made). Explain:
^ Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: 20 feet
Average depth: 6-8 feet
Average side slopes: 2:1.
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: yes.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 7
(c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flow events in review area/year: 6-10
Describe flow regime:
Other information on duration and volume:
Surface flow is: Discrete and 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):
^ 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):
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
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 clear, good.
Identify specific pollutants, if known: NA.
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.

(iv) Biological Characteristics. Channel supports (check all that apply):
® Riparian corridor. Characteristics (type, average width):
^ Wetland fringe. Characteristics:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
® Other environmentally-sensitive species. Explain findings: Amphibians.
® Aquatic/wildlife diversity. Explain findings: Macrbenthos and other wildlife usage.
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 are Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the Pick List floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick List
Approximately ( )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N1 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):
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.
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: Visual observation. Harris Creek appears as a blue line on the USGS topo map.
^ Tributaries of TN W where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section IILB. Provide rationale indicating that tributary flows
seasonally:

Provide estimates for jurisdictional waters in the review area (check all that apply):
® Tributary waters: 1,614 linear feet20 width (ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
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:
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 IILD.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:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
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
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:
gSee 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:
^ 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):Site #14.
^ 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:

APPROVED JURISDICTIONAL DETERMINATION FOR147
LT.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION {JD}: 14/25/07
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: (2ueens Gap Site #15
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish borough: Rutherford City: Thermal City
Center coordinates of site (laUlong in degree decimal format}: Lat. 35 31' 26.07"° N, Long. 82 O1' 3.47"° W.
Universal Transverse Mercator:
Name of nearest waterbody: Harris Creek
Name of nearest Traditional Navigable Water {TN~V) Into which the aquatic resource flows: Second broad River.
Name of watershed or Hydrologic Unit Code {HUC}: 03050105
® Check if mapldiagram of review area andlor 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) Detemunation. Date:
® Field Determination. Date{s}: 08/06/07
SECTION II: SUIbINLARY OF FINDINGS
A. RHA SECTION 14 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable water's 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. CV4~A SECTION 444 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." tivithin Clean Water Act {CWA) jurisdiction (as defined by 33 CFR part 328) in the re~~ie~v area. [Re~~uired]
Waters of the U.S.
a. Indicate presence of waters of LT.S, in review area (check all that apply}: i
^ TNWs, including temtorial 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
^ Letlands 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 LT.S. in the review area:
Non-wetland. waters: 929linear feet: 6 width {ft) andlor 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):3
^ Potentially jurisdictional waters andlor 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 Far' purposes of this form, an RPW is defined as a tributary thatis not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentafion is presented in Secfion IILF.

SECTION III: CWA ANALYSIS
A. TNGVs AND WETLANDS ADJACENT TO TNT's
The agencies will assert jurisdiction over TNLVs 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:
Summarize rationale supporting determination:
2. S'4'etlandadjacent to TNSV
Sununarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (T1LAT IS NOT A TN4V) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, ifany, and it helps
determine whether or not the standards for jurisdiction established under Rapanasliave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN`Vs where the tributaries are "relatively permanent
rvateis" (RPWs}, i.e. tributaries that typically flaw year-round ar have continuous flaw at least seasonally (e.g., typically 3
months}. A 4vetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNSV, but has year-round
(perennial) flow, ship to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flaw,
skip to Section III.D.d.
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 rvaterbocly4 is not an RPW, or a rvetiancl directly abutting an RPSV, a JD mill require additional data to deternne if the
waterbody has a significant nexus with a TNZV. If tiie tributary has adjacent wetlands, tire significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, Are tributary and all of its adjacent wetlands is used rvhetlier the rerierv area identified in the JD requestis
the tributary, or its adjacent wetlands, or both. If the JD covers a tributazy rr~th adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. Tlie determination whether a significant nexus exists is determined in Section III.C, below.
1. Characteristics of non-TN~Vs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 66.3acres
Drainage area: 66.3 acres
Average annual rainfall: 5034 inches
Average annual snowfall: 5.6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
® Tributary flows through 2 tributaries before entering TNW.
Project waters are 15-20 river pules from TNW.
Identify flow route to TNWS: UT-Harris-Cathy's Creek- Second Broad River.
Tributary stream order, if known: First.
Project waters are 1(or less} river miles from RPW.
Project waters are 10-15 aerial (straight} miles from TN~V.
Project waters are 1 {or less} aerial (straight} Holes from RPW.
Project craters cross or serve as state boundaries. Etpl<ain:
~ Note that the Instructional Guidebook cont2ins 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 t}uough 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 tivith respect to top of bank (estimate):
Average width: 6 feet
Average depth: 2-3 feet
Average side slopes: 2:1.
Primary tributary substrate composition (check all that apply}:
® Silts ®Sands ^ Concrete
® Cobbles ®Gravel ®Muck
® Bedrock ^ Vegetation. Type/% cover:
^ Other. Explain:
Tributary condition/staL,ility [e.g., highly eroding, sloughing banks]. Explain: stable.
Presence of nrnlrifflelpool comple_te,s. Explain: Weakly formed- water is low.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 4-10 %
{c) Flow:
Tributary provides for: Pick List
Estimate average number of flow events in review area year: 6-10
Describe flow regime:
Other information on duration and volume:
Surface flow is:
Characteristics:
Subsurface flow: Unkno4vn. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed andbanks
^ OH~V Mb (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 fitter 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 clear, good quality.
Identify specific pollutants, if known: NA.
~A natural or man-made disconfinuity in the OI-ItiVM 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 OIIWM thatis 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 flaw above and below the break.
Ibid.

(iv} Biological Characteristics. Channel supports (check all that apply):
® Riparian comdor. Characteristics (type, average width}:
^ Wetland fringe. Characteristics:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
® Other environmentally-sensitive species. Explain findings: Amphibians.
® Aquaticlwildlife diversity. Explain findings: Macrbenthos and general wildlife usage.
2. Characteristics of wetlands adjacent to non-TNjV 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 bermlbarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are, Pick List river miles from TN~V.
Project waters are Pick List aexial (straight) pules from TNW.
Flow is from: Pick List.
Estimate approximate. location of wetland as within the. Pick List floodplain.
(ii} Chemical Characteristics:
Characterize wetland system {e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii} Biological Characteristics. Wetland supports (check all that apply}:
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
.Sll wetland{s}being considered in the cumulative analysis: Pick List
Approximately { )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N} Size tin acres} Directly abuts? (Y/N} Size tin acres)
Summarize overall biological, chemical and physical firncflons being performed:
C. SIGNIFICANT NEXL?S 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 chenucal, 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 flaw
of «•ater 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 Uiresliold of distance {e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Sinularly, 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 Raparaos 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 reazing young for species that aze present in the TNW?
• Does the tributazy, 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 far 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 flnclings 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 tributazy in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT jVATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNT~Vs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: lineaz feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPZVs 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: Visual observation.
^ 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: 929 linear feett; width (ft).
^ Other non-wetland. waters: acres.
Identify types} of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
^ ~Vaterbody 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 types} of waters:
4. «'etlandsclirectly abutting an RPZV" that flow directly or indirectly into TNt~'s.
^ Wetlands directly abut RPW and. thus are juriscctional as adjacent wetlands.
^ WetlancLs directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating t11at tributary is perennial in Section IILD.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:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. jM1'etlands adjacent to but not directly abutting an RPyV that flow directly or indirectly into TNj'~'s.
^ 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 sigrficant 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.
ti. S'4'etlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
^ Wetlands adjacent to such waters, andhave 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 juriscctional. Data. supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional watets.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 corrunerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLLIDING ISOLATED tiVETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE CONINIERCE, INCLLIDING ANY
SLICH V4'ATERS (CHECK ALL THAT APPLY):r0
^ which are or could be used by interstate or foreib 1 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.b of the Instructional Guidebook.
10 Prinr to asserting or declining CWA jurisdiction based solely nn this category, Corps Districts rovill elevate the action tt~ Carps and EPA HQ for
review consistent with the process described in the CorpsIEPA Dlerrtorarrrlurri Regarding CWA Art Jurisdirtion Fallowing Ralrartos.

Provide estimates for jurisdictional waters in the review azea {check all that apply):
^ Tributary waters: linear feet width {ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
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
LVetland Delineation Manual ancUor appropriate Regional Supplements.
^ Revie~~~ area included isolated waters ti~~ith 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): lineaz feet, width (ft}.
^ Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquafic resource:
^ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviev~~ed 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 snap(s). Cite scale R quad name:
^ USDA Natural Resources Conservation Service Soil Survey. Citation:
^ National wetlands inventory map(s). Cite name:
^ State/Local wetland. inventory map(s):
^ FEMA/FIRM ma13s:
^ 100-year Floodplain Elevation is: (National Geodsctic Vertical Datum of 1429)
® Photographs: ^ .Aerial (Name ~ Date):
or ®Other (Name & Date):Site #15.
^ Previous determination(s). File no. and date of response letter:
^ -Applicable/supporting case law:
^ Applicablelsupportingscsentific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

APPROVED JURISDICTIONAL DETERMINATION FOR147
LT.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION {JD}: 14/25/07
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: (2ueens Gap Site #16
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish borough: Rutherford City: Thermal City
Center coordinates of site (laUlong in degree decimal format}: Lat. 35 31' 24.40"° N, Long. 82 0' 59.19"° W.
Universal Transverse Mercator:
Name of nearest waterbody: Harris Creek
Name of nearest Traditional Navigable Water {TN~V) lnto which the aquatic resource flows: Second Broad River.
Name of watershed or Hydrologic Unit Code {HUC}: 03050105
® Check if mapldiagram of review area andlor 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) Detemunation. Date:
® Field Determination. Dates}: 08/06/07
SECTION II: SUIbINLARY OF FINDINGS
A. RHA SECTION 14 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable water's 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. CV4~A SECTION 444 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." tivithin Clean Water Act {CWA) jurisdiction (as defined by 33 CFR part 328) in the re~~ie~v area. [Re~~uired]
Waters of the U.S.
a. Indicate presence of waters of LT.S, in review area (check all that apply}: i
^ TNWs, including temtorial 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
^ Letlands 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 LT.S. in the review area:
Non-wetland. waters: 595 linear feet: 6 width (ft} andlor 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):3
^ Potentially jurisdictional waters andlor 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 Far' purposes of this form, an RPW is defined as a tributary thatis not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentafion is presented in Secfion IILF.

SECTION III: CWA ANALYSIS
A. TNGVs AND WETLANDS ADJACENT TO TNT's
The agencies will assert jurisdiction over TNLVs 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:
Summarize rationale supporting determination:
2. S'4'etlandadjacent to TNSV
Sununarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (T1LAT IS NOT A TN4V) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, ifany, and it helps
determine whether or not the standards for jurisdiction established under Rapanasliave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN`Vs where the tributaries are "relatively permanent
rvateis" (RPWs}, i.e. tributaries that typically flaw year-round ar have continuous flaw at least seasonally (e.g., typically 3
months}. A 4vetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNSV, but has year-round
(perennial) flow, ship to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flaw,
skip to Section III.D.d.
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 rvaterbocly4 is not an RPW, or a rvetiancl directly abutting an RPSV, a JD mill require additional data to deternne if the
waterbody has a significant nexus with a TNZV. If tiie tributary has adjacent wetlands, tire significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, Are tributary and all of its adjacent wetlands is used rvhetlier the rerierv area identified in the JD requestis
the tributary, or its adjacent wetlands, or both. If the JD covers a tributazy rr~th adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. Tlie determination whether a significant nexus exists is determined in Section III.C, below.
1. Characteristics of non-TN~Vs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 66acres
Drainage area: 66 acres
Average annual rainfall: 50.34 inches
Average annual snowfall: 5.6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
® Tributary flows through 2 tributaries before entering TNW.
Project waters are 15-20 river pules from TNW.
Identify flow route to TNWS: UT-Harris Creek-Cathey-Second Broad River .
Tributary stream order, if known: First.
Project waters are 1(or less} river miles from RPW.
Project waters are 10-15 aerial (straight} miles from TN~V.
Project waters are 1 {or less} aerial (straight} Holes from RPW.
Project craters cross or serve as state boundaries. Etpl<ain:
~ Note that the Instructional Guidebook cont2ins 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 t}uough 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 tivith respect to top of bank (estimate):
Average width: 6 feet
Average depth: 1 feet
Average side slopes: 3:1.
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: some erosion.
Presence of nrnlrifflelpool comple_te,s. Explain: water levels were low- weakly developed riffle/pool complex.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 3 %
{c) Flow:
Tributary provides for: Pick List
Estimate average number of flow events in review area year: 6-10
Describe flow regime:
Other information on duration and volume:
Surface flow is:
Characteristics:
Subsurface flow: Unkno4vn. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed andbanks
^ OH~V Mb (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 OH~VM ~ Explain:
^ the presence of fitter 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 tVater 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: tVater color clear.
Identify specific pollutants, if known: NA.
~A natural or man-made disconfinuity in the OI-IwM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OIIyVM has been removed by development or agricultural practices). Where there is a break in the OIIwM thatis 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 flaw above and below the break.
Ibid.

(iv} Biological Characteristics. Channel supports (check all that apply):
® Riparian comdor. Characteristics (type, average width}: Forested.
^ Wetland fringe. Characteristics:
® Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
® Other environmentally-sensitive species. Explain findings: Amphibians.
® Aquaticlwildlife diversity. Explain findings: Macrbenthos and other wildlife usage.
2. Characteristics of wetlands adjacent to non-TNjV 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 bermlbarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are, Pick List river miles from TN~V.
Project waters are Pick List aexial (straight) pules from TNW.
Flow is from: Pick List.
Estimate approximate. location of wetland as within the. Pick List floodplain.
(ii} Chemical Characteristics:
Characterize wetland system {e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii} Biological Characteristics. Wetland supports (check all that apply}:
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
.Sll wetland{s}being considered in the cumulative analysis: Pick List
Approximately { )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N} Size tin acres} Directly abuts? (Y/N} Size tin acres)
Summarize overall biological, chemical and physical firncflons being performed:
C. SIGNIFICANT NEXL?S 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 chenucal, 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 flaw
of «•ater 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 Uiresliold of distance {e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Sinularly, 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 Raparaos 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 reazing young for species that aze present in the TNW?
• Does the tributazy, 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 far 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 flnclings 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 tributazy in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT jVATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNT~Vs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: lineaz feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPZVs 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: Visual observation.
^ 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: 595 linear feet b width {ft).
^ Other non-wetland. waters: acres.
Identify types} of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
^ ~Vaterbody 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 types} of waters:
4. «'etlandsclirectly abutting an RPZV" that flow directly or indirectly into TNt~'s.
^ Wetlands directly abut RPW and. thus are juriscctional as adjacent wetlands.
^ WetlancLs directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating t11at tributary is perennial in Section IILD.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:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. jM1'etlands adjacent to but not directly abutting an RPyV that flow directly or indirectly into TNj'~'s.
^ 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 sigrficant 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.
ti. S'4'etlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
^ Wetlands adjacent to such waters, andhave 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 juriscctional. Data. supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional watets.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 corrunerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLLIDING ISOLATED tiVETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE CONINIERCE, INCLLIDING ANY
SLICH V4'ATERS (CHECK ALL THAT APPLY):r0
^ which are or could be used by interstate or foreib 1 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.b of the Instructional Guidebook.
10 Prinr to asserting or declining CWA jurisdiction based solely nn this category, Corps Districts rovill elevate the action tt~ Carps and EPA HQ for
review consistent with the process described in the CorpsIEPA Dlerrtorarrrlurri Regarding CWA Art Jurisdirtion Fallowing Ralrartos.

Provide estimates for jurisdictional waters in the review azea {check all that apply):
^ Tributary waters: linear feet width {ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
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
LVetland Delineation Manual ancUor appropriate Regional Supplements.
^ Revie~~~ area included isolated waters ti~~ith 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): lineaz feet, width (ft}.
^ Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquafic resource:
^ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviev~~ed 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 snap(s). Cite scale R quad name:
^ USDA Natural Resources Conservation Service Soil Survey. Citation:
^ National wetlands inventory map(s). Cite name:
^ State/Local wetland. inventory map(s):
^ FEMA/FIRM ma13s:
^ 100-year Floodplain Elevation is: (National Geodsctic Vertical Datum of 1429)
® Photographs: ^ .Aerial (Name ~ Date):
or ®Other (Name & Date):Site # 16.
^ Previous determination(s). File no. and date of response letter:
^ -Applicable/supporting case law:
^ Applicablelsupportingscsentific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

APPROVED JURISDICTIONAL DETERMINATION FOR147
LT.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION {JD}: 14/25/07
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: (2ueens Gap Site #17
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish borough: Rutherford City: Thermal City
Center coordinates of site (laUlong in degree decimal format}: Lat. 35 31' 27.31 "° N, Long. 82 O1' 14.82"° W.
Universal Transverse Mercator:
Name of nearest waterbody: Harris Creek
Name of nearest Traditional Navigable Water {TN~V) lnto which the aquatic resource flows: Second Broad River.
Name of watershed or Hydrologic Unit Code {HUC}: 03050105
® Check if mapldiagram of review area andlor 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) Detemunation. Date:
® Field Determination. Dates}: 08/06/07
SECTION II: SUIbINLARY OF FINDINGS
A. RHA SECTION 14 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable water's 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. CV4~A SECTION 444 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." tivithin Clean Water Act {CWA) jurisdiction (as defined by 33 CFR part 328) in the re~~ie~v area. [Re~~uired]
Waters of the U.S.
a. Indicate presence of waters of LT.S, in review area (check all that apply}: i
^ TNWs, including temtorial 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
^ Letlands 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 LT.S. in the review area:
Non-wetland. waters: 792 linear feet: 5 width (ft} andlor acres.
Wetlands: acres.
c. Limits (boundaries} of jurisdiction based on: Pick List
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):3
^ Potentially jurisdictional waters andlor 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 Far' purposes of this form, an RPW is defined as a tributary thatis not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentafion is presented in Secfion IILF.

SECTION III: CWA ANALYSIS
A. TNGVs AND WETLANDS ADJACENT TO TNT's
The agencies will assert jurisdiction over TNLVs 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:
Summarize rationale supporting determination:
2. S'4'etlandadjacent to TNSV
Sununarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (T1LAT IS NOT A TN4V) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, ifany, and it helps
determine whether or not the standards for jurisdiction established under Rapanasliave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN`Vs where the tributaries are "relatively permanent
rvateis" (RPWs}, i.e. tributaries that typically flaw year-round ar have continuous flaw at least seasonally (e.g., typically 3
months}. A 4vetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNSV, but has year-round
(perennial) flow, ship to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flaw,
skip to Section III.D.d.
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 rvaterbocly4 is not an RPW, or a rvetiancl directly abutting an RPSV, a JD mill require additional data to deternne if the
waterbody has a significant nexus with a TNZV. If tiie tributary has adjacent wetlands, tire significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, Are tributary and all of its adjacent wetlands is used rvhetlier the rerierv area identified in the JD requestis
the tributary, or its adjacent wetlands, or both. If the JD covers a tributazy rr~th adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. Tlie determination whether a significant nexus exists is determined in Section III.C, below.
1. Characteristics of non-TN~Vs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 66.3acres
Drainage area: 66.3 acres
Average annual rainfall: 5034 inches
Average annual snowfall: 5.6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
® Tributary flows through 3 tributaries before entering TNW.
Project waters are 15-20 river pules from TNW.
Identify flow route to TNWS: UT-Harris-Cathy's Creek- Second Broad River.
Tributary stream order, if known: First.
Project waters are 1(or less} river miles from RPW.
Project waters are 10-15 aerial (straight} miles from TN~V.
Project waters are 1 {or less} aerial (straight} Holes from RPW.
Project craters cross or serve as state boundaries. Etpl<ain:
~ Note that the Instructional Guidebook cont2ins 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 t}uough 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 tivith respect to top of bank (estimate):
Average width: ~ feet
Average depth: 2-3 feet
Average side slopes: 2:1.
Primary tributary substrate composition (check all that apply}:
^ Silts ®Sands ^ Concrete
® Cobbles ®Gravel ^ Muck
® Bedrock ^ Vegetation. Type/% cover:
^ Other. Explain:
Tributary condition/staL,ility [e.g., highly eroding, sloughing banks]. Explain: Stable.
Presence of nrnlrifflelpool comple_te,s. Explain: No- top of stream ,steep, much bedrock.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 20 %
{c) Flow:
Tributary provides for: Pick List
Estimate average number of flow events in review area year: 6-10
Describe flow regime:
Other information on duration and volume:
Surface flow is:
Characteristics:
Subsurface flow: Unkno4vn. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed andbanks
^ OH~V Mb (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 OH~VM ~ Explain:
^ the presence of fitter 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 tVater 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 level very low.
Identify specific pollutants, if known: NA.
~A natural or man-made disconfinuity in the OI-ItiVM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OIIyVM has been removed by development or agricultural practices). Where there is a break in the OIIWM thatis 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 flaw above and below the break.
Ibid.

(iv} Biological Characteristics. Channel supports (check all that apply}:
® Riparian comdor. Characteristics (type, average width}:
^ Wetland fringe. Characteristics:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
® Aquaticlwildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNjV 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 bermlbarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are, Pick List river miles from TN~V.
Project waters are Pick List aexial (straight) pules from TNW.
Flow is from: Pick List.
Estimate approximate. location of wetland as within the. Pick List floodplain.
(ii} Chemical Characteristics:
Characterize wetland system {e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii} Biological Characteristics. Wetland supports (check all that apply}:
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
.Sll wetland{s}being considered in the cumulative analysis: Pick List
Approximately { )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N} Size tin acres} Directly abuts? (Y/N} Size tin acres)
Summarize overall biological, chemical and physical firncflons being performed:
C. SIGNIFICANT NEXL?S 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 chenucal, 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 flaw
of «•ater 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 Uiresliold of distance {e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Sinularly, 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 Raparaos 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 reazing young for species that aze present in the TNW?
• Does the tributazy, 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 far 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 flnclings 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 tributazy in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT jVATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNT~Vs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: lineaz feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPZVs 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: Visual observation.
^ 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: 792 linear feet 5 width {ft).
^ Other non-wetland. waters: acres.
Identify types} of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
^ ~Vaterbody 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 types} of waters:
4. «'etlandsclirectly abutting an RPZV" that flow directly or indirectly into TNt~'s.
^ Wetlands directly abut RPW and. thus are juriscctional as adjacent wetlands.
^ WetlancLs directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating t11at tributary is perennial in Section IILD.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:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. jM1'etlands adjacent to but not directly abutting an RPyV that flow directly or indirectly into TNj'~'s.
^ 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 sigrficant 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.
ti. S'4'etlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
^ Wetlands adjacent to such waters, andhave 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 juriscctional. Data. supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional watets.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 corrunerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLLIDING ISOLATED tiVETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE CONINIERCE, INCLLIDING ANY
SLICH V4'ATERS (CHECK ALL THAT APPLY):r0
^ which are or could be used by interstate or foreib 1 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.b of the Instructional Guidebook.
10 Prinr to asserting or declining CWA jurisdiction based solely nn this category, Corps Districts rovill elevate the action tt~ Carps and EPA HQ for
review consistent with the process described in the CorpsIEPA Dlerrtorarrrlurri Regarding CWA Art Jurisdirtion Fallowing Ralrartos.

Provide estimates for jurisdictional waters in the review azea {check all that apply):
^ Tributary waters: linear feet width {ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
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
LVetland Delineation Manual ancUor appropriate Regional Supplements.
^ Revie~~~ area included isolated waters ti~~ith 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): lineaz feet, width (ft}.
^ Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquafic resource:
^ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviev~~ed 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 snap(s). Cite scale R quad name:
^ USDA Natural Resources Conservation Service Soil Survey. Citation:
^ National wetlands inventory map(s). Cite name:
^ State/Local wetland. inventory map(s):
^ FEMA/FIRM ma13s:
^ 100-year Floodplain Elevation is: (National Geodsctic Vertical Datum of 1429)
® Photographs: ^ .Aerial (Name ~ Date):
or ®Other (Name & Date):Site #17.
^ Previous determination(s). File no. and date of response letter:
^ -Applicable/supporting case law:
^ Applicablelsupportingscsentific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

APPROVED JURISDICTIONAL DETERMINATION FOR147
LT.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION {JD}: 14!26/07
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: (2ueens Gap Site #18
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish borough: Rutherford City: Thermal City
Center coordinates of site (laUlong in degree decimal format}: Lat. 35 31' 27.31 "° N, Long. 82 O1' 14.82"° W.
Universal Transverse Mercator:
Name of nearest waterbody: Harris Creek
Name of nearest Traditional Navigable Water {TN~V) lnto which the aquatic resource flows: Second Broad River.
Name of watershed or Hydrologic Unit Code {HUC}: 03050105
® Check if mapldiagram of review area andlor 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) Detemunation. Date:
® Field Determination. Dates}: 08/06/07
SECTION II: SUIbINLARY OF FINDINGS
A. RHA SECTION 14 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable water's 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. CV4~A SECTION 444 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." tivithin Clean Water Act {CWA) jurisdiction (as defined by 33 CFR part 328) in the re~~ie~v area. [Re~luired]
Waters of the U.S.
a. Indicate presence of waters of LT.S, in review area (check all that apply}: i
^ TNWs, including temtorial 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
^ Letlands 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 LT.S. in the review area:
Non-wetland. waters: 683 linear feet: 5 width (ft} andlor acres.
Wetlands: acres.
c. Limits (boundaries} of jurisdiction based on: Pick List
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):3
^ Potentially jurisdictional waters andlor 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 Far' purposes of this form, an RPW is defined as a tributary thatis not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentafion is presented in Secfion IILF.

SECTION III: CWA ANALYSIS
A. TNGVs AND WETLANDS ADJACENT TO TNT's
The agencies will assert jurisdiction over TNLVs 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:
Summarize rationale supporting determination:
2. S'4'etlandadjacent to TNSV
Sununarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (T1LAT IS NOT A TN4V) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, ifany, and it helps
determine whether or not the standards for jurisdiction established under Rapanasliave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN`Vs where the tributaries are "relatively permanent
rvateis" (RPWs}, i.e. tributaries that typically flaw year-round ar have continuous flaw at least seasonally (e.g., typically 3
months}. A 4vetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNSV, but has year-round
(perennial) flow, ship to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flaw,
skip to Section III.D.d.
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 rvaterbocly4 is not an RPW, or a rvetiancl directly abutting an RPSV, a JD mill require additional data to deternne if the
waterbody has a significant nexus with a TNZV. If tiie tributary has adjacent wetlands, tire significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, Are tributary and all of its adjacent wetlands is used rvhetlier the rerierv area identified in the JD requestis
the tributary, or its adjacent wetlands, or both. If the JD covers a tributazy rr~th adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. Tlie determination whether a significant nexus exists is determined in Section III.C, below.
1. Characteristics of non-TN~Vs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 66.3acres
Drainage area: 66.3 acres
Average annual rainfall: 5034 inches
Average annual snowfall: 5.6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
^ Tributary flows through 3 tributaries before entering TNW.
Project waters are 15-20 river pules from TNW.
Identify flow route to TNWS: UT-Harris-Cathy's Creek- Second Broad River.
Tributary stream order, if known: First.
Project waters are 1(or less} river miles from RPW.
Project waters are 10-15 aerial (straight} miles from TN~V.
Project waters are 1 {or less} aerial (straight} Holes from RPW.
Project craters cross or serve as state boundaries. Etpl<ain:
~ Note that the Instructional Guidebook cont2ins 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 t}uough 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 tivith respect to top of bank (estimate):
Average width: ~ feet
Average depth: 2-3 feet
Average side slopes: 2:1.
Primary tributary substrate composition (check all that apply}:
^ Silts ®Sands ^ Concrete
® Cobbles ®Gravel ^ Muck
® Bedrock ^ Vegetation. Type/% cover:
^ Other. Explain:
Tributary condition/staL,ility [e.g., highly eroding, sloughing banks]. Explain: Stable.
Presence of nrnlrifflelpool comple_te,s. Explain: No- top of stream ,steep, much bedrock.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 20 %
{c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flo~~~ events in review area year: 6-10
Describe flow regime:
Other information on duration and volume:
Surface flow is:
Characteristics:
Subsurface flow: Unknown. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed andbanks
^ OH~V Mb (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 OH~VM ~ Explain:
^ the presence of fitter 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 tVater 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 level very low.
Identify specific pollutants, if known: NA.
~A natural or man-made disconfinuity in the OI-ItiVM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OIIyVM has been removed by development or agricultural practices). Where there is a break in the OIIWM thatis 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 flaw above and below the break.
Ibid.

(iv} Biological Characteristics. Channel supports (check all that apply}:
® Riparian comdor. Characteristics (type, average width}:
^ Wetland fringe. Characteristics:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
® Aquaticlwildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNjV 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 bermlbarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are, Pick List river miles from TN~V.
Project waters are Pick List aexial (straight) pules from TNW.
Flow is from: Pick List.
Estimate approximate. location of wetland as within the. Pick List floodplain.
(ii} Chemical Characteristics:
Characterize wetland system {e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii} Biological Characteristics. Wetland supports (check all that apply}:
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
.Sll wetland{s}being considered in the cumulative analysis: Pick List
Approximately { )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N} Size tin acres} Directly abuts? (Y/N} Size tin acres)
Summarize overall biological, chemical and physical functons being performed:
C. SIGNIFICANT NEXL?S 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 chenucal, 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 flaw
of «•ater 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 Uiresliold of distance {e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Sinularly, 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 Raparaos 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 reazing young for species that aze present in the TNW?
• Does the tributazy, 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 far 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 flnclings 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 tributazy in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT jVATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNT~Vs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: lineaz feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPZVs 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: Visual Observation.
^ 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: 683 linear feet 5 width {ft).
^ Other non-wetland. waters: acres.
Identify types} of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
^ ~Vaterbody 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 types} of waters:
4. «'etlandsclirectly abutting an RPZV" that flow directly or indirectly into TNt~'s.
^ Wetlands directly abut RPW and. thus are juriscctional as adjacent wetlands.
^ WetlancLs directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating t11at tributary is perennial in Section IILD.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:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. jM1'etlands adjacent to but not directly abutting an RPyV that flow directly or indirectly into TNj'~'s.
^ 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 sigrficant 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.
ti. S'4'etlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
^ Wetlands adjacent to such waters, andhave 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 juriscctional. Data. supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional watets.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 corrunerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLLIDING ISOLATED tiVETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE CONINIERCE, INCLLIDING ANY
SLICH V4'ATERS (CHECK ALL THAT APPLY):r0
^ which are or could be used by interstate or foreib 1 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.b of the Instructional Guidebook.
10 Prinr to asserting or declining CWA jurisdiction based solely nn this category, Corps Districts rovill elevate the action tt~ Carps and EPA HQ for
review consistent with the process described in the CorpsIEPA Dlerrtorarrrlurri Regarding CWA Art Jurisdirtion Fallowing Ralrartos.

Provide estimates for jurisdictional waters in the review azea {check all that apply):
^ Tributary waters: linear feet width {ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
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
LVetland Delineation Manual ancUor appropriate Regional Supplements.
^ Revie~~~ area included isolated waters ti~~ith 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): lineaz feet, width (ft}.
^ Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquafic resource:
^ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviev~~ed 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 snap(s). Cite scale R quad name:
^ USDA Natural Resources Conservation Service Soil Survey. Citation:
^ National wetlands inventory map(s). Cite name:
^ State/Local wetland. inventory map(s):
^ FEMA/FIRM ma13s:
^ 100-year Floodplain Elevation is: (National Geodsctic Vertical Datum of 1429)
® Photographs: ^ .Aerial (Name ~ Date):
or ®Other (Name & Date):Site #18.
^ Previous determination(s). File no. and date of response letter:
^ -Applicable/supporting case law:
^ Applicablelsupportingscsentific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

APPROVED JURISDICTIONAL DETERMINATION FOR147
LT.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION {JD}: 14!26/07
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: (2ueens Gap Site #19
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish borough: Rutherford City: Thermal City
Center coordinates of site (laUlong in degree decimal format}: Lat. 35 31' 56.36° N, Long. 82 Ol' 32.31 "° W.
Universal Transverse Mercator:
Name of nearest waterbody: Harris Creek
Name of nearest Traditional Navigable Water (TN~V) lnto which the aquatic resource flows: Second Broad River.
Name of watershed or Hydrologic Unit Code {HUC}: 03050105
® Check if mapldiagram of review area andlor 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) Detemunation. Date:
® Field Determination. Date{s}: 08/06/07
SECTION II: SUIbINLARY OF FINDINGS
A. RHA SECTION 14 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable water's 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 suscepfible for use to transport interstate or foreign commerce.
Explain:
B. CV4~A SECTION 444 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." tivithin Clean Water Act {CWA) jurisdiction (as defined by 33 CFR part 328) in the re~~ie~v area. [Re~luired]
Waters of the U.S
a. Indicate presence of waters of LT.S, in review area {check all that apply): i
^ 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 thart 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 LT.S. in the review area:
Non-wetland. waters: 1,435 linear feet: 10 width (ft) andlor acres.
Wetlands: acres.
c. Limits (boundaries} of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if knotivn):
2. Non-regulated waters/wetiands (check if applicable):3
^ Potentially jurisdictional waters andlor 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 Far' purposes of this form, an RPW is defined as a tributary thatis not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentafion is presented in Secfion IILF.

SECTION III: CWA ANALYSIS
A. TNGVs AND WETLANDS ADJACENT TO TNT's
The agencies will assert jurisdiction over TNLVs 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:
Summarize rationale supporting determination:
2. S'4'etlandadjacent to TNSV
Sununarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (T1LAT IS NOT A TN4V) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, ifany, and it helps
determine whether or not the standards for jurisdiction established under Rapanasliave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN`Vs where the tributaries are "relatively permanent
rvateis" (RPWs}, i.e. tributaries that typically flaw year-round ar have continuous flaw at least seasonally (e.g., typically 3
months}. A 4vetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNSV, but has year-round
(perennial) flow, ship to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flaw,
skip to Section III.D.d.
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 rvaterbocly4 is not an RPW, or a rvetiancl directly abutting an RPSV, a JD mill require additional data to deternne if the
waterbody has a significant nexus with a TNZV. If tiie tributary has adjacent wetlands, tiie significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, Are tributary and all of its adjacent wetlands is used rvhetlier the rerierv area identified in the JD requestis
the tributary, or its adjacent wetlands, or both. If the JD covers a tributazy rr~th adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. Tlie determination whether a significant nexus exists is determined in Section III.C, below.
1. Characteristics of non-TN~Vs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 2lacres
Drainage area: 21 acres
Average annual rainfall: 50.34 inches
Average annual snowfall: 5.6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
® Tributary flows through 4 tributaries before entering TNW.
Project waters are 15-20 river pules from TNW.
Identify flow route to TNWS: UT-Harris-Cathy's Creek- Second Broad River.
Tributary stream order, if known: First.
Project waters are 1(or less} river miles from RPW.
Project waters are 10-15 aerial (straight} miles from TN~V.
Project waters are 1 {or less} aerial (straight} Holes from RPW.
Project craters cross or serve as state boundaries. Etpl<ain:
~ Note that the Instructional Guidebook cont2ins 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 t}uough 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: 1Q-12 feet
Average depth: 1-3 feet
Average side slopes: 2:1.
Primary tributary substrate composition (check all that apply}:
® Silts ®Sands ^ Concrete
® Cobbles ®Gravel ^ Muck
® Bedrock ^ Vegetation. Type/% cover:
^ Other. Explain: Boulders.
Tributary condition/staL,ility [e.g., highly eroding, sloughing banks]. Explain: Stable.
Presence of nrnlrifflelpool comple_te,s. Explain: Good ratio.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 1-3 %
{c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flo~~~ events in review area year: 6-10
Describe flow regime:
Other information on duration and volume:
Surface flow is:
Characteristics:
Subsurface flow: Unknown. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed andbanks
® OH~V Mb (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 OH~VM ~ Explain:
^ the presence of fitter 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 tVater 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: Clear water, general watershed characteristics- good flowing stream.
Identify specific pollutants, if known:
~A natural or man-made disconfinuity in the OI-IwM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OIIyVM has been removed by development or agricultural practices). Where there is a break in the OIIWM thatis 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 flaw above and below the break.
Ibid.

(iv} Biological Characteristics. Channel supports (check all that apply):
® Riparian comdor. Characteristics (type, average width}:
^ Wetland fringe. Characteristics:
^ Habitat for:
^ Federally Listed species. Explain findings:
® Fish/spawn areas. Explain findings: Fish Reds present.
® Other environmentally-sensifive species. Explain findings: Amphibians.
® Aquaticlwildlife diversity. Explain findings: Macrobenthos and oilier wildlife usage.
2. Characteristics of wetlands adjacent to non-TNjV 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 bermlbarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are, Pick List river miles from TN~V.
Project waters are Pick List aexial (straight) pules from TNW.
Flow is from: Pick List.
Estimate approximate. location of wetland as within the. Pick List floodplain.
(ii} Chemical Characteristics:
Characterize wetland system {e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii} Biological Characteristics. Wetland supports (check all that apply}:
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
.Sll wetland{s}being considered in the cumulative analysis: Pick List
Approximately { )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N} Size tin acres} Directly abuts? (Y/N} Size tin acres)
Summarize overall biological, chemical and physical firncflons being performed:
C. SIGNIFICANT NEXL?S 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 chenucal, 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 flaw
of «•ater 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 Uiresliold of distance {e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Sinularly, 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 Raparaos 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 reazing young for species that aze present in the TNW?
• Does the tributazy, 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 far 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 flnclings 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 tributazy in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT jVATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNT~Vs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: lineaz feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPZVs 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: Visual observation. Appeazs as a blue line on the USGS topo maps.
^ 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 Secfion IILB. Provide rationale indicating that tributary flows
seasonally:

Provide estimates for jurisdictional waters in the review area (check all that apply):
® Tributary waters: 1,435 linear feet 14 width (ft}.
^ Other non-wetland. waters: acres.
Identify types} of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
^ ~Vaterbody 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 types} of waters:
4. «'etlandsclirectly abutting an RPZV" that flow directly or indirectly into TNt~'s.
^ Wetlands directly abut RPW and. thus are juriscctional as adjacent wetlands.
^ WetlancLs directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating t11at tributary is perennial in Section IILD.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:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. jM1'etlands adjacent to but not directly abutting an RPyV that flow directly or indirectly into TNj'~'s.
^ 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 sigrficant 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.
ti. S'4'etlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
^ Wetlands adjacent to such waters, andhave 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 juriscctional. Data. supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional watets.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 corrunerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLLIDING ISOLATED tiVETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE CONINIERCE, INCLLIDING ANY
SLICH V4'ATERS (CHECK ALL THAT APPLY):r0
^ which are or could be used by interstate or foreib 1 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.b of the Instructional Guidebook.
10 Prinr to asserting or declining CWA jurisdiction based solely nn this category, Corps Districts rovill elevate the action tt~ Carps and EPA HQ for
review consistent with the process described in the CorpsIEPA Dlerrtorarrrlurri Regarding CWA Art Jurisdirtion Fallowing Ralrartos.

Provide estimates for jurisdictional waters in the review azea {check all that apply):
^ Tributary waters: linear feet width {ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
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
LVetland Delineation Manual ancUor appropriate Regional Supplements.
^ Revie~~~ area included isolated waters ti~~ith 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): lineaz feet, width (ft}.
^ Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquafic resource:
^ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviev~~ed 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 snap(s). Cite scale R quad name:
^ USDA Natural Resources Conservation Service Soil Survey. Citation:
^ National wetlands inventory map(s). Cite name:
^ State/Local wetland. inventory map(s):
^ FEMA/FIRM ma13s:
^ 100-year Floodplain Elevation is: (National Geodsctic Vertical Datum of 1429)
® Photographs: ^ .Aerial (Name ~ Date):
or ®Other (Name & Date):Site #19.
^ Previous determination(s). File no. and date of response letter:
^ -Applicable/supporting case law:
^ Applicablelsupportingscsentific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

APPROVED JURISDICTIONAL DETERMINATION FOR147
LT.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION {JD}: 14!26/07
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: (2ueens Gap Site #24
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish borough: Rutherford City: Thermal City
Center coordinates of site (laUlong in degree decimal format}: Lat. 35 31' 56.49"° N, Long. 82 O1' 27.94"° W.
Universal Transverse Mercator:
Name of nearest waterbody: Harris Creek
Name of nearest Traditional Navigable Water {TN~V) lnto which the aquatic resource flows: Second Broad River
Name of watershed or Hydrologic Unit Code {HUC}: 03050105
® Check if mapldiagram of review area andlor 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) Detemunation. Date:
® Field Determination. Date{s}: 08/06/07
SECTION II: SUIbINLARY OF FINDINGS
A. RHA SECTION 14 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable water's 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. CV4~A SECTION 444 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." tivithin Clean Water Act {CWA) jurisdiction (as defined by 33 CFR part 328) in the re~~ie~v area. [Re~luired]
Waters of the U.S.
a. Indicate presence of waters of LT.S, in review area (check all that apply}: i
^ TNWs, including temtorial 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
^ Letlands 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 LT.S. in the review area:
Non-wetland. waters: 290 linear feet: 15 width (ft) andlor 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):3
^ Potentially jurisdictional waters andlor 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 Far' purposes of this form, an RPW is defined as a tributary thatis not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentafion is presented in Secfion IILF.

SECTION III: CWA ANALYSIS
A. TNGVs AND WETLANDS ADJACENT TO TNT's
The agencies will assert jurisdiction over TNLVs 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:
Summarize rationale supporting determination:
2. S'4'etlandadjacent to TNSV
Sununarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (T1LAT IS NOT A TN4V) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, ifany, and it helps
determine whether or not the standards for jurisdiction established under Rapanasliave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN`Vs where the tributaries are "relatively permanent
rvateis" (RPWs}, i.e. tributaries that typically flaw year-round ar have continuous flaw at least seasonally (e.g., typically 3
months}. A 4vetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNSV, but has year-round
(perennial) flow, ship to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flaw,
skip to Section III.D.d.
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 rvaterbocly4 is not an RPW, or a rvetiancl directly abutting an RPSV, a JD mill require additional data to deternne if the
waterbody has a significant nexus with a TNZV. If tiie tributary has adjacent wetlands, tire significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, Are tributary and all of its adjacent wetlands is used rvhetlier the rerierv area identified in the JD requestis
the tributary, or its adjacent wetlands, or both. If the JD covers a tributazy rr~th adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. Tlie determination whether a significant nexus exists is determined in Section III.C, below.
1. Characteristics of non-TN~Vs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 124acres
Drainage area: 124 acres
Average annual rainfall: 50. ~4 inches
Average annual snowfall: 5.6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
® Tributary flows through 2 tributaries before entering TNW.
Project waters are 15-20 river pules from TNW.
Identify flow route to TNWS: UT-Harris-Cathy's Creek- Second Broad River.
Tributary stream order, if known: First.
Project waters are 1(or less} river miles from RPW.
Project waters are 10-15 aerial (straight} miles from TN~V.
Project waters are 1 {or less} aerial (straight} Holes from RPW.
Project craters cross or serve as state boundaries. Etpl<ain:
~ Note that the Instructional Guidebook cont2ins 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 t}uough 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: 15-30 feet
Average depth: 5-10 feet
Average side slopes: 2:1.
Primary tributary substrate composition (check all that apply}:
® Silts ®Sands ^ Concrete
® Cobbles ®Gravel ^ Muck
® Bedrock ®Vegetation. Type/% cover: Algae 5%
^ Other. Explain:
Tributary condition/staL,ility [e.g., highly eroding, sloughing banks]. Explain: Slightly Eroding.
Presence of nrnlrifflelpool comple_te,s. Explain: Good Ratio.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 5-10 %
{c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flo~~~ events in review area year: 6-10
Describe flow regime:
Other information on duration and volume:
Surface flow is:
Characteristics:
Subsurface flow: Unknown. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed andbanks
^ OH~V Mb (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 OH~VM ~ Explain:
^ the presence of fitter 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 tVater 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: Clear water, general watershed characteristics.
Identify specific pollutants, if known: NA.
~A natural or man-made disconfinuity in the OI-ItiVM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OIIyVM has been removed by development or agricultural practices). Where there is a break in the OIIWM thatis 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 flaw above and below the break.
Ibid.

(iv} Biological Characteristics. Channel supports (check all that apply):
® Riparian comdor. Characteristics (type, average width}:
^ Wetland fringe. Characteristics:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
® Other environmentally-sensitive species. Explain findings: Amphibians.
® Aquaticlwildlife diversity. Explain findings: Macrbenthos and other wildlife usage.
2. Characteristics of wetlands adjacent to non-TNjV 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 bermlbarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are, Pick List river miles from TN~V.
Project waters are Pick List aexial (straight) pules from TNW.
Flow is from: Pick List.
Estimate approximate. location of wetland as within the. Pick List floodplain.
(ii} Chemical Characteristics:
Characterize wetland system {e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii} Biological Characteristics. Wetland supports (check all that apply}:
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
.Sll wetland{s}being considered in the cumulative analysis: Pick List
Approximately { )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N} Size tin acres} Directly abuts? (Y/N} Size tin acres)
Summarize overall biological, chemical and physical firncflons being performed:
C. SIGNIFICANT NEXL?S 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 chenucal, 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 flaw
of «•ater 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 Uiresliold of distance {e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Sinularly, 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 Raparaos 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 reazing young for species that aze present in the TNW?
• Does the tributazy, 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 far 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 flnclings 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 tributazy in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT jVATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNT~Vs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: lineaz feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPZVs 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: Visual observation. Hazris Creek appeazs as a blue line on the USGS topo quad.
^ 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: 290 linear feet 15 width {ft).
^ Other non-wetland. waters: acres.
Identify types} of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
^ ~Vaterbody 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 types} of waters:
4. «'etlandsclirectly abutting an RPZV" that flow directly or indirectly into TNt~'s.
^ Wetlands directly abut RPW and. thus are juriscctional as adjacent wetlands.
^ WetlancLs directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating t11at tributary is perennial in Section IILD.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:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. jM1'etlands adjacent to but not directly abutting an RPyV that flow directly or indirectly into TNj'~'s.
^ 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 sigrficant 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.
ti. S'4'etlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
^ Wetlands adjacent to such waters, andhave 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 juriscctional. Data. supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional watets.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 corrunerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLLIDING ISOLATED tiVETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE CONINIERCE, INCLLIDING ANY
SLICH V4'ATERS (CHECK ALL THAT APPLY):r0
^ which are or could be used by interstate or foreib 1 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.b of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely nn this category, Corps Districts rovill elevate the action tt~ Carps and EPA HQ for
review consistent with the process described in the CorpsIEPA Dlerrtorarrrlurri Regarding CWA Art Jurisdirtion Fallowing Ralrartos.

Provide estimates for jurisdictional waters in the review azea {check all that apply):
^ Tributary waters: linear feet width {ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
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
LVetland Delineation Manual ancUor appropriate Regional Supplements.
^ Revie~~~ area included isolated waters ti~~ith 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): lineaz feet, width (ft}.
^ Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquafic resource:
^ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviev~~ed 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 snap(s). Cite scale R quad name:
^ USDA Natural Resources Conservation Service Soil Survey. Citation:
^ National wetlands inventory map(s). Cite name:
^ State/Local wetland. inventory map(s):
^ FEMA/FIRM ma13s:
^ 100-year Floodplain Elevation is: (National Geodsctic Vertical Datum of 1429)
® Photographs: ^ .Aerial (Name ~ Date):
or ®Other (Name & Date):Site #20.
^ Previous determination(s). File no. and date of response letter:
^ -Applicable/supporting case law:
^ Applicablelsupportingscsentific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

APPROVED JURISDICTIONAL DETERMINATION FOR147
LT.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION {JD}: 14/25/07
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: (2ueens Gap Site #21
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish borough: Rutherford City: Thermal City
Center coordinates of site (laUlong in degree decimal format}: Lat. 35 32' 4.18"° N, Long. 82 Ol' 40.55"° W.
Universal Transverse Mercator:
Name of nearest waterbody: Harris Creek
Name of nearest Traditional Navigable Water {TN~V) lnto which the aquatic resource flows: Second Broad River.
Name of watershed or Hydrologic Unit Code {HUC}: 03050105
® Check if mapldiagram of review area andlor 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) Detemunation. Date:
® Field Determination. Date{s}: 08/06/07
SECTION II: SUIbINLARY OF FINDINGS
A. RHA SECTION 14 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable water's 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. CV4~A SECTION 444 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." tivithin Clean Water Act {CWA) jurisdiction (as defined by 33 CFR part 328) in the re~~ie~v area. [Re~~uired]
Waters of the U.S.
a. Indicate presence of waters of LT.S, in review area (check all that apply}: i
^ TNWs, including temtorial 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
^ Letlands 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 LT.S. in the review area:
Non-wetland. waters: 994linear feet: 3-6 width (ft} ancUor 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):3
^ Potentially jurisdictional waters andlor 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 Far' purposes of this form, an RPW is defined as a tributary thatis not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentafion is presented in Secfion IILF.

SECTION III: CWA ANALYSIS
A. TNGVs AND WETLANDS ADJACENT TO TNT's
The agencies will assert jurisdiction over TNLVs 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:
Summarize rationale supporting determination:
2. S'4'etlandadjacent to TNSV
Sununarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (T1LAT IS NOT A TN4V) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, ifany, and it helps
determine whether or not the standards for jurisdiction established under Rapanasliave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN`Vs where the tributaries are "relatively permanent
rvateis" (RPWs}, i.e. tributaries that typically flaw year-round ar have continuous flaw at least seasonally (e.g., typically 3
months}. A 4vetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNSV, but has year-round
(perennial) flow, ship to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flaw,
skip to Section III.D.d.
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 rvaterbocly4 is not an RPW, or a rvetiancl directly abutting an RPSV, a JD mill require additional data to deternne if the
waterbody has a significant nexus with a TNZV. If tiie tributary has adjacent wetlands, tire significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, Are tributary and all of its adjacent wetlands is used rvhetlier the rerierv area identified in the JD requestis
the tributary, or its adjacent wetlands, or both. If the JD covers a tributazy rr~th adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. Tlie determination whether a significant nexus exists is determined in Section III.C, below.
1. Characteristics of non-TN~Vs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 23.Sacres
Drainage area: 23.5 acres
Average annual rainfall: 5034 inches
Average annual snowfall: 5.6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
^ Tributary flows through 2 tributaries before entering TNW.
Project waters are 16-15 river pules from TNW.
Identify flow route to TNWS: UT-Harris-Cathy's Creek- Second Broad River.
Tributary stream order, if known: First.
Project waters are 1(or less} river miles from RPW.
Project waters are 10-15 aerial (straight} miles from TN~V.
Project waters are 1 {or less} aerial (straight} Holes from RPW.
Project craters cross or serve as state boundaries. Etpl<ain:
~ Note that the Instructional Guidebook cont2ins 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 t}uough 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: 3-6 feet
Average depth: 1-3 feet
Average side slopes: 3:1.
Primary tributary substrate composition (check all that apply}:
® Silts ®Sands ^ Concrete
® Cobbles ®Gravel ^ Muck
® Bedrock ®Vegetation. Type/% cover: moss
^ Other. Explain:
Tributary condition/staL,ility [e.g., highly eroding, sloughing banks]. Explain: slightly eroding.
Presence of nrnlrifflelpool comple_te,s. Explain: steady flow.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 4-10 %
{c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flo~~~ events in review area year: 6-10
Describe flow regime:
Other information on duration and volume:
Surface flow is:
Characteristics:
Subsurface flow: Unknown. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed andbanks
^ OH~V Mb (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 OH~VM ~ Explain:
^ the presence of fitter 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 tVater 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: clear water, general watershed characteristics.
Identify specific pollutants, if known: NA.
~A natural or man-made disconfinuity in the OI-IwM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OIIyVM has been removed by development or agricultural practices). Where there is a break in the OIIWM thatis 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 flaw above and below the break.
Ibid.

(iv} Biological Characteristics. Channel supports (check all that apply):
® Riparian comdor. Characteristics (type, average width}:
^ Wetland fringe. Characteristics:
® Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
® Other environmentally-sensifive species. Explain findings: Amphibians.
® Aquaticlwildlife diversity. Explain findings: Macrobenthos and oilier wildlife usage.
2. Characteristics of wetlands adjacent to non-TNjV 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 bermlbarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are, Pick List river miles from TN~V.
Project waters are Pick List aexial (straight) pules from TNW.
Flow is from: Pick List.
Estimate approximate. location of wetland as within the. Pick List floodplain.
(ii} Chemical Characteristics:
Characterize wetland system {e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii} Biological Characteristics. Wetland supports (check all that apply}:
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
.Sll wetland{s}being considered in the cumulative analysis: Pick List
Approximately { )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N} Size tin acres} Directly abuts? (Y/N} Size tin acres)
Summarize overall biological, chemical and physical functons being performed:
C. SIGNIFICANT NEXL?S 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 chenucal, 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 flaw
of «•ater 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 Uiresliold of distance {e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Sinularly, 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 Raparaos 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 reazing young for species that aze present in the TNW?
• Does the tributazy, 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 far 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 flnclings 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 tributazy in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT jVATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNT~Vs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: lineaz feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPZVs 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: Visual observation.
^ 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: 994 linear feet 3-6 width {ft}.
^ Other non-wetland. waters: acres.
Identify types} of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
^ ~Vaterbody 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 types} of waters:
4. «'etlandsclirectly abutting an RPZV" that flow directly or indirectly into TNt~'s.
^ Wetlands directly abut RPW and. thus are juriscctional as adjacent wetlands.
^ WetlancLs directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating t11at tributary is perennial in Section IILD.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:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. jM1'etlands adjacent to but not directly abutting an RPyV that flow directly or indirectly into TNj'~'s.
^ 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 sigrficant 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.
ti. S'4'etlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
^ Wetlands adjacent to such waters, andhave 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 juriscctional. Data. supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional watets.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 corrunerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLLIDING ISOLATED tiVETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE CONINIERCE, INCLLIDING ANY
SLICH V4'ATERS (CHECK ALL THAT APPLY):r0
^ which are or could be used by interstate or foreib 1 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.b of the Instructional Guidebook.
10 Prinr to asserting or declining CWA jurisdiction based solely nn this category, Corps Districts rovill elevate the action tt~ Carps and EPA HQ for
review consistent with the process described in the CorpsIEPA Dlerrtorarrrlurri Regarding CWA Art Jurisdirtion Fallowing Ralrartos.

Provide estimates for jurisdictional waters in the review azea {check all that apply):
^ Tributary waters: linear feet width {ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
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
LVetland Delineation Manual ancUor appropriate Regional Supplements.
^ Revie~~~ area included isolated waters ti~~ith 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): lineaz feet, width (ft}.
^ Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquafic resource:
^ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviev~~ed 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 snap(s). Cite scale R quad name:
^ USDA Natural Resources Conservation Service Soil Survey. Citation:
^ National wetlands inventory map(s). Cite name:
^ State/Local wetland. inventory map(s):
^ FEMA/FIRM ma13s:
^ 100-year Floodplain Elevation is: (National Geodsctic Vertical Datum of 1429)
® Photographs: ^ .Aerial (Name ~ Date):
or ®Other (Name & Date):Site #21.
^ Previous determination(s). File no. and date of response letter:
^ -Applicable/supporting case law:
^ Applicablelsupportingscsentific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

APPROVED JURISDICTIONAL DETERMINATION FOR147
LT.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION {JD}: 14!26/07
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: (2ueens Gap Site # 22
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish borough: Rutherford City: Thermal City
Center coordinates of site (laUlong in degree decimal format}: Lat. 35 32' 6.67"° N, Long. 82 Ol' 30.71 "° W.
Universal Transverse Mercator:
Name of nearest waterbody: Harris Creek
Name of nearest Traditional Navigable Water {TN~V) lnto which the aquatic resource flows: Second Broad River.
Name of watershed or Hydrologic Unit Code {HUC}: 03050105
® Check ifmap/diagram of review area andlor 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) Detemunation. Date:
® Field Determination. Date{s}: 08/06/07
SECTION II: SUIbINLARY OF FINDINGS
A. RHA SECTION 14 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable water's 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. CV4~A SECTION 444 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." tivithin Clean Water Act {CWA) jurisdiction (as defined by 33 CFR part 328) in the re~~ie~v area. [Re~luired]
Waters of the U.S.
a. Indicate presence of waters of LT.S, in review area (check all that apply}: i
^ TNWs, including temtorial 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
^ Letlands 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 LT.S. in the review area:
Non-wetland. waters: 939 linear feet: 5-10 width {ft) andlor acres.
Wetlands: acres.
c. Limits (boundaries} of jurisdiction based on: Pick List
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):3
^ Potentially jurisdictional waters andlor 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 Far' purposes of this form, an RPW is defined as a tributary thatis not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentafion is presented in Secfion IILF.

SECTION III: CWA ANALYSIS
A. TNGVs AND WETLANDS ADJACENT TO TNT's
The agencies will assert jurisdiction over TNLVs 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:
Summarize rationale supporting determination:
2. S'4'etlandadjacent to TNSV
Sununarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (T1LAT IS NOT A TN4V) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, ifany, and it helps
determine whether or not the standards for jurisdiction established under Rapanasliave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN`Vs where the tributaries are "relatively permanent
rvateis" (RPWs}, i.e. tributaries that typically flaw year-round ar have continuous flaw at least seasonally (e.g., typically 3
months}. A 4vetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNSV, but has year-round
(perennial) flow, ship to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flaw,
skip to Section III.D.d.
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 rvaterbocly4 is not an RPW, or a rvetiancl directly abutting an RPSV, a JD mill require additional data to deternne if the
waterbody has a significant nexus with a TNZV. If tiie tributary has adjacent wetlands, tire significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, Are tributary and all of its adjacent wetlands is used rvhetlier the rerierv area identified in the JD requestis
the tributary, or its adjacent wetlands, or both. If the JD covers a tributazy rr~th adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. Tlie determination whether a significant nexus exists is determined in Section III.C, below.
1. Characteristics of non-TN~Vs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 19acres
Drainage area: 19 acres
Average annual rainfall: 50.34 inches
Average annual snowfall: 5.6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
^ Tributary flows through 2 tributaries before entering TNW.
Project waters are 16-15 river pules from TNW.
Identify flow route to TNWS: UT-Harris-Cathy's Creek- Second Broad River.
Tributary stream order, if known: First.
Project waters are 1(or less} river miles from RPW.
Project waters are 10-15 aerial (straight} miles from TN~V.
Project waters are 1 {or less} aerial (straight} Holes from RPW.
Project craters cross or serve as state boundaries. Etpl<ain:
~ Note that the Instructional Guidebook cont2ins 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 t}uough 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 tiirith respect to top of bank (estimate):
Average width: ~-10 feet
Average depth: 1-3 feet
Average side slopes: 3:1.
Primary tributary substrate composition (check all that apply}:
® Silts ®Sands ^ Concrete
® Cobbles ®Gravel ^ Muck
® Bedrock ®Vegetation. Type/% cover: moss
^ Other. Explain:
Tributary condition/staL,ility [e.g., highly eroding, sloughing banks]. Explain: stable.
Presence of nrnlrifflelpool comple_te,s. Explain: steady flow.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 30-40 %
{c) Flow:
Tributary provides for: Pick List
Estimate average number of flow events in review area year: 6-10
Describe flow regime:
Other information on duration and volume:
Surface flow is: Confined. Characteristics:
Subsurface flow: Unkno4vn. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed andbanks
^ OH~V Mb (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 OH~VM ~ Explain:
the presence of fitter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed ar 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 tVater 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: clear water, general watershed characteristics.
Identify specific pollutants, if known: NA.
~A natural or man-made disconfinuity in the OI-IwM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OIIyVM has been removed by development or agricultural practices). Where there is a break in the OIIWM thatis 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 flaw above and below the break.
Ibid.

(iv} Biological Characteristics. Channel supports (check all that apply):
® Riparian comdor. Characteristics (type, average width}:
^ Wetland fringe. Characteristics:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
® Other environmentally-sensifive species. Explain findings: Amphibians.
® Aquaticlwildlife diversity. Explain findings: Macrobenthos and oilier wildlife usage.
2. Characteristics of wetlands adjacent to non-TNjV 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 bermlbarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are, Pick List river miles from TN~V.
Project waters are Pick List aexial (straight) pules from TNW.
Flow is from: Pick List.
Estimate approximate. location of wetland as within the. Pick List floodplain.
(ii} Chemical Characteristics:
Characterize wetland system {e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii} Biological Characteristics. Wetland supports (check all that apply}:
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
.Sll wetland{s}being considered in the cumulative analysis: Pick List
Approximately { )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N} Size tin acres} Directly abuts? (Y/N} Size tin acres)
Summarize overall biological, chemical and physical firncflons being performed:
C. SIGNIFICANT NEXL?S 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 chenucal, 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 flaw
of «•ater 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 Uiresliold of distance {e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Sinularly, 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 Raparaos 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 reazing young for species that aze present in the TNW?
• Does the tributazy, 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 far 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 flnclings 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 tributazy in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT jVATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNT~Vs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: lineaz feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPZVs 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: Visual observation.
^ 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: linear feet width (ft).
^ Other non-wetland. waters: acres.
Identify types} of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
^ ~Vaterbody 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 types} of waters:
4. «'etlandsclirectly abutting an RPZV" that flow directly or indirectly into TNt~'s.
^ Wetlands directly abut RPW and. thus are jursdctional as adjacent wetlands.
^ WetlancLs directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating t11at tributary is perennial in Section IILD.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:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. jM1'etlands adjacent to but not directly abutting an RPyV that flow directly or indirectly into TNj'~'s.
^ 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 sigrficant 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.
ti. S'4'etlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
^ Wetlands adjacent to such waters, andhave 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 juriscctional. Data. supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional watets.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 corrunerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLLIDING ISOLATED tiVETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE CONINIERCE, INCLLIDING ANY
SLICH V4'ATERS (CHECK ALL THAT APPLY):r0
^ which are or could be used by interstate or foreib 1 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.b of the Instructional Guidebook.
10 Prinr to asserting or declining CWA jurisdiction based solely nn this category, Corps Districts rovill elevate the action tt~ Carps and EPA HQ for
review consistent with the process described in the CorpsIEPA Dlerrtorarrrlurri Regarding CWA Art Jurisdirtion Fallowing Ralrartos.

Provide estimates for jurisdictional waters in the review azea {check all that apply):
^ Tributary waters: linear feet width {ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
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
LVetland Delineation Manual ancUor appropriate Regional Supplements.
^ Revie~~~ area included isolated waters ti~~ith 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): lineaz feet, width (ft}.
^ Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquafic resource:
^ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviev~~ed 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 snap(s). Cite scale R quad name:
^ USDA Natural Resources Conservation Service Soil Survey. Citation:
^ National wetlands inventory map(s). Cite name:
^ State/Local wetland. inventory map(s):
^ FEMA/FIRM ma13s:
^ 100-year Floodplain Elevation is: (National Geodsctic Vertical Datum of 1429)
® Photographs: ^ .Aerial (Name ~ Date):
or ®Other (Name & Date):Site # 22.
^ Previous determination(s). File no. and date of response letter:
^ -Applicable/supporting case law:
^ Applicablelsupportingscsentific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

APPROVED JURISDICTIONAL DETERMINATION FOR147
LT.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION {JD}: 14!26/07
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: (2ueens Gap Site #23
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish borough: Rutherford City: Thermal City
Center coordinates of site (laUlong in degree decimal format}: Lat. 35 32' 25.38"° N, Long. 82 Ol' 54.24"° W.
Universal Transverse Mercator:
Name of nearest waterbody: Morgan Creek
Name of nearest Traditional Navigable Water {TN~V) lnto which the aquatic resource flows: Broad River.
Name of watershed or Hydrologic Unit Code {HUC}: 03050105
® Check if mapldiagram of review area andlor 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) Detemunation. Date:
® Field Determination. Dates}: Aug 8, 2007
SECTION II: SUIbINLARY OF FINDINGS
A. RHA SECTION 14 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable water's 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. CV4~A SECTION 444 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." tivithin Clean Water Act {CWA) jurisdiction (as defined by 33 CFR part 328) in the re~~ie~~r area. [Re~luired]
Waters of the U.S.
a. Indicate presence of waters of LT.S, in review area (check all that apply}: i
^ TNWs, including temtorial 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
^ Letlands 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 LT.S. in the review area:
Non-wetland. waters: 649 linear feet: 4 width (ft} andlor 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):3
^ Potentially jurisdictional waters andlor 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 Far' purposes of this form, an RPW is defined as a tributary thatis not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentafion is presented in Secfion IILF.

SECTION III: CWA ANALYSIS
A. TNGVs AND WETLANDS ADJACENT TO TNT's
The agencies will assert jurisdiction over TNLVs 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:
Summarize rationale supporting determination:
2. S'4'etlandadjacent to TNSV
Sununarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (T1LAT IS NOT A TN4V) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, ifany, and it helps
determine whether or not the standards for jurisdiction established under Rapanasliave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN`Vs where the tributaries are "relatively permanent
rvateis" (RPWs}, i.e. tributaries that typically flaw year-round ar have continuous flaw at least seasonally (e.g., typically 3
months}. A 4vetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNSV, but has year-round
(perennial) flow, ship to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flaw,
skip to Section III.D.d.
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 rvaterbocly4 is not an RPW, or a rvetiancl directly abutting an RPSV, a JD mill require additional data to deternne if the
waterbody has a significant nexus with a TNZV. If tiie tributary has adjacent wetlands, tire significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, Are tributary and all of its adjacent wetlands is used rvhetlier the rerierv area identified in the JD requestis
the tributary, or its adjacent wetlands, or both. If the JD covers a tributazy rr~th adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. Tlie determination whether a significant nexus exists is determined in Section III.C, below.
1. Characteristics of non-TN~Vs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 99acres
Drainage area: 99 acres
Average annual rainfall: 50.34 inches
Average annual snowfall: 5.6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
® Tributary flows through 4 tributaries before entering TNW.
Project waters are 16-15 river pules from TNW.
Identify flow route to TNWS: Morgan Creek-Cove Creek-to Broad River.
Tributary stream order, if known: First.
Project waters are 1(or less} river miles from RPW.
Project waters are 10-15 aerial (straight} miles from TN~V.
Project waters are 1 {or less} aerial (straight} Holes from RPW.
Project craters cross or serve as state boundaries. Etpl<ain:
~ Note that the Instructional Guidebook cont2ins 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 t}uough 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 tivith respect to top of bank (estimate):
Average width: 4 feet
Average depth:.25 feet
Average side slopes: Vertical (1:1 or less}.
Primary tributary substrate composition (check all that apply}:
® Silts ®Sands ^ Concrete
® Cobbles ®Gravel ^ Muck
^ Bedrock ^ Vegetation. Type/% cover:
^ Other. Explain:
Tributary condition/staL,ility [e.g., highly eroding, sloughing banks]. Explain: some bank erosion.
Presence of nrnlrifflelpool comple_te,s. Explain: not enough flow.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 4 %
{c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flo~~~ events in review area year: 6-10
Describe flow regime:
Other information on duration and volume:
Surface flow is: Discrete and confined. Characteristics:
Subsurface flow: No. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed andbanks
^ OH~V Mb (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 OH~VM ~ Explain:
the presence of fitter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed ar 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 tVater 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 clear.
Identify specific pollutants, if known: NA.
~A natural or man-made disconfinuity in the OI-ItiVM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OIIyVM has been removed by development or agricultural practices). Where there is a break in the OIIWM thatis 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 flaw above and below the break.
Ibid.

(iv} Biological Characteristics. Channel supports (check all that apply):
® Riparian comdor. Characteristics (type, average width}:
^ Wetland fringe. Characteristics:
® Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
® Other environmentally-sensitive species. Explain findings: Amphibians.
® Aquaticlwildlife diversity. Explain findings: macrobenthos and other wildlife, usa:;e.
2. Characteristics of wetlands adjacent to non-TNjV 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 bermlbarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are, Pick List river miles from TN~V.
Project waters are Pick List aexial (straight) pules from TNW.
Flow is from: Pick List.
Estimate approximate. location of wetland as within the. Pick List floodplain.
(ii} Chemical Characteristics:
Characterize wetland system {e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii} Biological Characteristics. Wetland supports (check all that apply}:
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
.Sll wetland{s}being considered in the cumulative analysis: Pick List
Approximately { )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N} Size tin acres} Directly abuts? (Y/N} Size tin acres)
Summarize overall biological, chemical and physical functons being performed:
C. SIGNIFICANT NEXL?S 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 chenucal, 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 flaw
of «•ater 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 Uiresliold of distance {e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Sinularly, 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 Raparaos 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 reazing young for species that aze present in the TNW?
• Does the tributazy, 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 far 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 flnclings 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 tributazy in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT jVATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNT~Vs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: lineaz feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPZVs 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: Visual observation.
^ 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: 649 linear feet 4 width {ft).
^ Other non-wetland. waters: acres.
Identify types} of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
^ ~Vaterbody 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 types} of waters:
4. «'etlandsclirectly abutting an RPZV" that flow directly or indirectly into TNt~'s.
^ Wetlands directly abut RPW and. thus are juriscctional as adjacent wetlands.
^ WetlancLs directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating t11at tributary is perennial in Section IILD.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:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. jM1'etlands adjacent to but not directly abutting an RPyV that flow directly or indirectly into TNj'~'s.
^ 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 sigrficant 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. S'4'etlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
^ Wetlands adjacent to such waters, andhave 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 juriscctional. Data. supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional watets.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 corrunerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLLIDING ISOLATED tiVETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE CONINIERCE, INCLLIDING ANY
SLICH V4'ATERS (CHECK ALL THAT APPLY):r0
^ which are or could be used by interstate or foreib 1 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.b of the Instructional Guidebook.
10 Prinr to asserting or declining CWA jurisdiction based solely nn this category, Corps Districts rovill elevate the action tt~ Carps and EPA HQ for
review consistent with the process described in the CorpsIEPA Dlerrtorarrrlurri Regarding CWA Art Jurisdirtion Fallowing Ralrartos.

Provide estimates for jurisdictional waters in the review azea {check all that apply):
^ Tributary waters: linear feet width {ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
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
LVetland Delineation Manual ancUor appropriate Regional Supplements.
^ Revie~~~ area included isolated waters ti~~ith 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): lineaz feet, width (ft}.
^ Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquafic resource:
^ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviev~~ed 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 snap(s). Cite scale R quad name:
^ USDA Natural Resources Conservation Service Soil Survey. Citation:
^ National wetlands inventory map(s). Cite name:
^ State/Local wetland. inventory map(s):
^ FEMA/FIRM ma13s:
^ 100-year Floodplain Elevation is: (National Geodsctic Vertical Datum of 1429)
® Photographs: ^ .Aerial (Name ~ Date):
or ®Other (Name & Date): Site #23.
^ Previous determination(s). File no. and date of response letter:
^ -Applicable/supporting case law:
^ Applicablelsupportingscsentific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

APPROVED JURISDICTIONAL DETERMINATION FOR147
LT.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION {JD}: October 26, 2007
B. DISTRICT OFFICE, FILE NAME, AND NU1ViBER:Queens Gap Site #24
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish borough: Rutherford City: Thermal City
Center coordinates of site (laUlong in degree decimal format}: Lat. 35 32' 29.22'° N, Long. 82 O1' 59.58"° W.
Universal Transverse Mercator:
Name of nearest waterbody: Morgan Creek
Name of nearest Traditional Navigable Water (TN~V) Into which the aquatic resource flows: Broad River.
Name of watershed or Hydrologic Unit Code {HUC}: 03050105
® Check if mapldiagram 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) Detemunation. Date:
® Field Determination. Date{s}: Aug 8, 2007
SECTION II: SUIbINLARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable water's 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 suscepfible for use to transport interstate or foreign commerce.
Explain:
B. CV4~A SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." tivithin Clean Water Act {CWA) jurisdiction (as defined by 33 CFR part 328) in the re~~ie~~r area. [Re~~uired]
Waters of the U.S
a. Indicate presence of waters of LT.S, in review area {check all that apply): i
^ 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 thart 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 LT.S. in the review area:
Non-wetland. waters: 1,212 linear feet: 4 width (ft) and/or acres.
Wetlands: acres.
c. Limits (boundaries} of jurisdiction based on: Pick List
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 Far' purposes of this form, an RPW is defined as a tributary thatis not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentafion is presented in Secfion IILF.

SECTION III: CWA ANALYSIS
A. TNGVs AND WETLANDS ADJACENT TO TNT's
The agencies will assert jurisdiction over TNLVs 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:
Summarize rationale supporting determination:
2. S'4'etlandadjacent to TNSV
Sununarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (T1LAT IS NOT A TN4V) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, ifany, and it helps
determine whether or not the standards for jurisdiction established under Rapanasliave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN`Vs where the tributaries are "relatively permanent
rvateis" (RPWs}, i.e. tributaries that typically flaw year-round ar have continuous flaw at least seasonally (e.g., typically 3
months}. A 4vetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNSV, but has year-round
(perennial) flow, ship to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flaw,
skip to Section III.D.d.
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 rvaterbocly4 is not an RPW, or a rvetiancl directly abutting an RPSV, a JD mill require additional data to deternne if the
waterbody has a significant nexus with a TNZV. If tiie tributary has adjacent wetlands, tire significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, Are tributary and all of its adjacent wetlands is used rvhetlier the rerierv area identified in the JD requestis
the tributary, or its adjacent wetlands, or both. If the JD covers a tributazy rr~th adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. Tlie determination whether a significant nexus exists is determined in Section III.C, below.
1. Characteristics of non-TN~Vs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 138acres
Drainage area: 13~ acres
Average annual rainfall: 50.34 inches
Average annual snowfall: 5.6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
® Tributary flows through 4 tributaries before entering TNW.
Project waters are 16-15 river pules from TNW.
Identify flow route to TNWS: Morgan Creek-Cove Creek-to Broad River.
Tributary stream order, if known: First.
Project waters are 1(or less} river miles from RPW.
Project waters are 10-15 aerial (straight} miles from TN~V.
Project waters are 1 {or less} aerial (straight} Holes from RPW.
Project craters cross or serve as state boundaries. Etpl<ain:
~ Note that the Instructional Guidebook cont2ins 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 t}uough 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 tivith respect to top of bank (estimate):
Average width: 4 feet
Average depth: 1 feet
Average side slopes: Vertical (1:1 or less}.
Primary tributary substrate composition (check all that apply}:
® Silts ®Sands ^ Concrete
® Cobbles ®Gravel ^ Muck
^ Bedrock ^ Vegetation. Type/% cover:
^ Other. Explain:
Tributary condition/staL,ility [e.g., highly eroding, sloughing banks]. Explain: Some bank erosion.
Presence of nrnlrifflelpool comple_te,s. Explain: not enough flow, continuous, .
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): %
{c) Flow:
Tributary provides for: Pick List
Estimate average number of flow events in review area year: 6-10
Describe flow regime:
Other information on duration and volume:
Surface flow is:
Characteristics:
Subsurface flow: Unkno4vn. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed andbanks
^ OH~V Mb (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 OH~VM ~ Explain:
® the presence of fitter 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 tVater 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: clear.
Identify specific pollutants, if known: NA.
~A natural or man-made disconfinuity in the OI-IwM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OIIyVM has been removed by development or agricultural practices). Where there is a break in the OIIwM thatis 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 flaw above and below the break.
Ibid.

(iv} Biological Characteristics. Channel supports (check all that apply):
® Riparian comdor. Characteristics (type, average width}: forested..
^ Wetland fringe. Characteristics:
® Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
® Other environmentally-sensifive species. Explain findings: Amphibians.
® Aquaticlwildlife diversity. Explain findings: Macrobenthos and oilier wildlife usage.
2. Characteristics of wetlands adjacent to non-TNjV 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 bermlbarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are, Pick List river miles from TN~V.
Project waters are Pick List aexial (straight) pules from TNW.
Flow is from: Pick List.
Estimate approximate. location of wetland as within the. Pick List floodplain.
(ii} Chemical Characteristics:
Characterize wetland system {e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii} Biological Characteristics. Wetland supports (check all that apply}:
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
.Sll wetland{s}being considered in the cumulative analysis: Pick List
Approximately { )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N} Size tin acres} Directly abuts? (Y/N} Size tin acres)
Summarize overall biological, chemical and physical firncflons being performed:
C. SIGNIFICANT NEXL?S 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 chenucal, 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 flaw
of «•ater 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 Uiresliold of distance {e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Sinularly, 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 Raparaos 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 reazing young for species that aze present in the TNW?
• Does the tributazy, 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 far 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 flnclings 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 tributazy in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT jVATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNT~Vs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: lineaz feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPZVs 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: Visual observation.
^ 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: 1,212 linear feet 4 width {ft}.
^ Other non-wetland. waters: acres.
Identify types} of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
^ ~Vaterbody 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 types} of waters:
4. «'etlandsclirectly abutting an RPZV" that flow directly or indirectly into TNt~'s.
^ Wetlands directly abut RPW and. thus are juriscctional as adjacent wetlands.
^ WetlancLs directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating t11at tributary is perennial in Section IILD.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:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. jM1'etlands adjacent to but not directly abutting an RPyV that flow directly or indirectly into TNj'~'s.
^ 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 sigrficant 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.
ti. S'4'etlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
^ Wetlands adjacent to such waters, andhave 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 juriscctional. Data. supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional watets.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 corrunerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLLIDING ISOLATED tiVETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE CONINIERCE, INCLLIDING ANY
SLICH V4'ATERS (CHECK ALL THAT APPLY):r0
^ which are or could be used by interstate or foreib 1 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.b of the Instructional Guidebook.
10 Prinr to asserting or declining CWA jurisdiction based solely nn this category, Corps Districts rovill elevate the action tt~ Carps and EPA HQ for
review consistent with the process described in the CorpsIEPA Dlerrtorarrrlurri Regarding CWA Art Jurisdirtion Fallowing Ralrartos.

Provide estimates for jurisdictional waters in the review azea {check all that apply):
^ Tributary waters: linear feet width {ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
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
LVetland Delineation Manual ancUor appropriate Regional Supplements.
^ Revie~~~ area included isolated waters ti~~ith 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): lineaz feet, width (ft}.
^ Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquafic resource:
^ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviev~~ed 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 snap(s). Cite scale R quad name:
^ USDA Natural Resources Conservation Service Soil Survey. Citation:
^ National wetlands inventory map(s). Cite name:
^ State/Local wetland. inventory map(s):
^ FEMA/FIRM ma13s:
^ 100-year Floodplain Elevation is: (National Geodsctic Vertical Datum of 1429)
® Photographs: ^ .Aerial (Name ~ Date):
or ®Other (Name & Date):Site # 24.
^ Previous determination(s). File no. and date of response letter:
^ -Applicable/supporting case law:
^ Applicablelsupportingscsentific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

APPROVED JURISDICTIONAL DETERMINATION FOR147
LT.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION {JD}: 14/25/07
B. DISTRICT OFFICE, FILE NAME, AND NUIVIBER:Queens Gap Site #25
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish borough: Rutherford City: Thermal City
Center coordinates of site (laUlong in degree decimal format}: Lat. 35 32' 34.06° N, Long. 82 Ol' 56.87"° W.
Universal Transverse Mercator:
Name of nearest waterbody: Morgan Creek
Name of nearest Traditional Navigable Water {TN~V) lnto which the aquatic resource flows: Broad River
Name of watershed or Hydrologic Unit Code {HUC}: 03050105
® Check if mapldiagram of review area andlor 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) Detemunation. Date:
® Field Determination. Date{s}: August 8, 2007
SECTION II: SUIbINLARY OF FINDINGS
A. RHA SECTION 14 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable water's 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. CV4~A SECTION 444 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." tivithin Clean Water Act {CWA) jurisdiction (as defined by 33 CFR part 328) in the re~~ie~~r area. [Re~~uired]
Waters of the U.S.
a. Indicate presence of waters of LT.S, in review area (check all that apply}: i
^ TNWs, including temtorial 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
^ Letlands 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 LT.S. in the review area:
Non-wetland. waters: 2,054 linear feet: 3 width (ft) and/or 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):3
^ Potentially jurisdictional waters andlor 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 Far' purposes of this form, an RPW is defined as a tributary thatis not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentafion is presented in Secfion IILF.

SECTION III: CWA ANALYSIS
A. TNGVs AND WETLANDS ADJACENT TO TNT's
The agencies will assert jurisdiction over TNLVs 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:
Summarize rationale supporting determination:
2. S'4'etlandadjacent to TNSV
Sununarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (T1LAT IS NOT A TN4V) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, ifany, and it helps
determine whether or not the standards for jurisdiction established under Rapanasliave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN`Vs where the tributaries are "relatively permanent
rvateis" (RPWs}, i.e. tributaries that typically flaw year-round ar have continuous flaw at least seasonally (e.g., typically 3
months}. A 4vetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNSV, but has year-round
(perennial) flow, ship to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flaw,
skip to Section III.D.d.
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 rvaterbocly4 is not an RPW, or a rvetiancl directly abutting an RPSV, a JD mill require additional data to deternne if the
waterbody has a significant nexus with a TNZV. If tiie tributary has adjacent wetlands, tiie significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, Are tributary and all of its adjacent wetlands is used rvhetlier the rerierv area identified in the JD requestis
the tributary, or its adjacent wetlands, or both. If the JD covers a tributazy rr~th adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. Tlie determination whether a significant nexus exists is determined in Section III.C, below.
1. Characteristics of non-TN~Vs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: ~9acres
Drainage area: 29 acres
Average annual rainfall: 50.34 inches
Average annual snowfall: 5.6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
® Tributary flows through 4 tributaries before entering TNW.
Project waters are 16-15 river pules from TNW.
Identify flow route to TNWS: Morgan Creek-Cove Creek-to Broad River.
Tributary stream order, if known: Second.
Project waters are 1(or less} river miles from RPW.
Project waters are 10-15 aerial (straight} miles from TN~V.
Project waters are 1 {or less} aerial (straight} Holes from RPW.
Project craters cross or serve as state boundaries. Etpl<ain:
~ Note that the Instructional Guidebook cont2ins 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 t}uough 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 tivith respect to top of bank (estimate):
Average width: 3 feet
Average depth:.25 feet
Average side slopes: Vertical (1:1 or less}.
Primary tributary substrate composition (check all that apply}:
® Silts ®Sands ^ Concrete
^ Cobbles ®Gravel ^ Muck
^ Bedrock ^ Vegetation. Type/% cover:
^ Other. Explain:
Tributary condition/staL,ility [e.g., highly eroding, sloughing banks]. Explain: some bank erosion.
Presence of nrnlrifflelpool comple_te,s. Explain: some~~~hat developed, some sediment impact.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): %
{c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flo~~~ events in review area year: 6-10
Describe flow regime:
Other information on duration and volume:
Surface flow is:
Characteristics:
Subsurface flow: Unknown. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed andbanks
^ OH~V Mb (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 OH~VM ~ Explain:
® the presence of fitter 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 tVater 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 clear.
Identify specific pollutants, if known:
~A natural or man-made disconfinuity in the OI-ItiVM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OIIyVM has been removed by development or agricultural practices). Where there is a break in the OIIWM thatis 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 flaw above and below the break.
Ibid.

(iv} Biological Characteristics. Channel supports (check all that apply):
® Riparian comdor. Characteristics (type, average width}:
^ Wetland fringe. Characteristics:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
® Other environmentally-sensifive species. Explain findings: Amphibians.
® Aquaticlwildlife diversity. Explain findings: Macrobenthos and oilier wildlife usage.
2. Characteristics of wetlands adjacent to non-TNjV 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 bermlbarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are, Pick List river miles from TN~V.
Project waters are Pick List aexial (straight) pules from TNW.
Flow is from: Pick List.
Estimate approximate. location of wetland as within the. Pick List floodplain.
(ii} Chemical Characteristics:
Characterize wetland system {e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii} Biological Characteristics. Wetland supports (check all that apply}:
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
.Sll wetland{s}being considered in the cumulative analysis: Pick List
Approximately { )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N} Size tin acres} Directly abuts? (Y/N} Size tin acres)
Summarize overall biological, chemical and physical firncflons being performed:
C. SIGNIFICANT NEXL?S 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 chenucal, 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 flaw
of «•ater 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 Uiresliold of distance {e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Sinularly, 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 Raparaos 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 reazing young for species that aze present in the TNW?
• Does the tributazy, 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 far 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 flnclings 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 tributazy in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT jVATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNT~Vs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: lineaz feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPZVs 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: Visual observation.
^ 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: 2,059 linear feet 3 width {ft}.
^ Other non-wetland. waters: acres.
Identify types} of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
^ ~Vaterbody 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 types} of waters:
4. «'etlandsclirectly abutting an RPZV" that flow directly or indirectly into TNt~'s.
^ Wetlands directly abut RPW and. thus are jursdctional as adjacent wetlands.
^ WetlancLs directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating t11at tributary is perennial in Section IILD.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:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. jM1'etlands adjacent to but not directly abutting an RPyV that flow directly or indirectly into TNj'~'s.
^ 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 sigrficant 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.
ti. S'4'etlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
^ Wetlands adjacent to such waters, andhave 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 juriscctional. Data. supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional watets.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 corrunerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLLIDING ISOLATED tiVETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE CONINIERCE, INCLLIDING ANY
SLICH V4'ATERS (CHECK ALL THAT APPLY):r0
^ which are or could be used by interstate or foreib 1 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.b of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely nn this category, Corps Districts rovill elevate the action tt~ Carps and EPA HQ for
review consistent with the process described in the CorpsIEPA Dlerrtorarrrlurri Regarding CWA Art Jurisdirtion Fallowing Ralrartos.

Provide estimates for jurisdictional waters in the review azea {check all that apply):
^ Tributary waters: linear feet width {ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
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
LVetland Delineation Manual ancUor appropriate Regional Supplements.
^ Revie~~~ area included isolated waters ti~~ith 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): lineaz feet, width (ft}.
^ Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquafic resource:
^ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviev~~ed 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 snap(s). Cite scale R quad name:
^ USDA Natural Resources Conservation Service Soil Survey. Citation:
^ National wetlands inventory map(s). Cite name:
^ State/Local wetland. inventory map(s):
^ FEMA/FIRM ma13s:
^ 100-year Floodplain Elevation is: (National Geodsctic Vertical Datum of 1429)
® Photographs: ^ .Aerial (Name ~ Date):
or ®Other (Name & Date):Site # 25.
^ Previous determination(s). File no. and date of response letter:
^ -Applicable/supporting case law:
^ Applicablelsupportingscsentific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

APPROVED JURISDICTIONAL DETERMINATION FOR147
LT.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION {JD}: 14!26/07
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: (2ueens Gap Site #26
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish borough: Rutherford City: Thermal City
Center coordinates of site (laUlong in degree decimal format}: Lat. 35 32' 36.40"° N, Long. 82 Ol' 22.45"° W.
Universal Transverse Mercator:
Name of nearest waterbody: Rock Creek
Name of nearest Traditional Navigable Water (TN~V) lnto which the aquatic resource flows: Second Broad River
Name of watershed or Hydrologic Unit Code {HUC}: 03050105
® Check if mapldiagram 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) Detemunation. Date:
® Field Determination. Date{s}: 08/06/07
SECTION II: SUIbINLARY OF FINDINGS
A. RHA SECTION 14 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable water's 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 suscepfible for use to transport interstate or foreign commerce.
Explain:
B. CV4~A SECTION 444 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." tivithin Clean Water Act {CWA) jurisdiction (as defined by 33 CFR part 328) in the re~~ie~~r area. [Re~luired]
Waters of the U.S
a. Indicate presence of waters of LT.S, in review area {check all that apply): i
^ 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 thart 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 LT.S. in the review area:
Non-wetland. waters: 1,231 linear feet: 5 width {ft) and/or acres.
Wetlands: acres.
c. Limits (boundaries} of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if knotivn):
2. Non-regulated waters/wetiands (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 Far' purposes of this form, an RPW is defined as a tributary thatis not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentafion is presented in Secfion IILF.

SECTION III: CWA ANALYSIS
A. TNGVs AND WETLANDS ADJACENT TO TNT's
The agencies will assert jurisdiction over TNLVs 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:
Summarize rationale supporting determination:
2. S'4'etlandadjacent to TNSV
Sununarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (T1LAT IS NOT A TN4V) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, ifany, and it helps
determine whether or not the standards for jurisdiction established under Rapanasliave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN`Vs where the tributaries are "relatively permanent
rvateis" (RPWs}, i.e. tributaries that typically flaw year-round ar have continuous flaw at least seasonally (e.g., typically 3
months}. A 4vetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNSV, but has year-round
(perennial) flow, ship to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flaw,
skip to Section III.D.d.
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 rvaterbocly4 is not an RPW, or a rvetiancl directly abutting an RPSV, a JD mill require additional data to deternne if the
waterbody has a significant nexus with a TNZV. If tiie tributary has adjacent wetlands, tire significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, Are tributary and all of its adjacent wetlands is used rvhetlier the rerierv area identified in the JD requestis
the tributary, or its adjacent wetlands, or both. If the JD covers a tributazy rr~th adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. Tlie determination whether a significant nexus exists is determined in Section III.C, below.
1. Characteristics of non-TN~Vs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 146acres
Drainage area: 146 acres
Average annual rainfall: 50. ~4 inches
Average annual snowfall: 5.6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
® Tributary flows through 4 tributaries before entering TNW.
Project waters are 2-5 river Holes from TNW.
Identify flow route to TNWS: Rock Creek-Second Broad River.
Tributary stream order, if known: First.
Project waters are 1(or less} river miles from RPW.
Project waters are 1-2 aerial (straight) miles from TNW.
Project waters are 1 {or less) aerial (straight} Holes from RPW.
Project craters cross or serve as state boundaries. Etpl<ain:
~ Note that the Instructional Guidebook cont2ins 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 t}uough 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 tivith respect to top of bank (estimate):
Average width: 5 feet
Average depth:.25 feet
Average side slopes: 2:1.
Primary tributary substrate composition (check all that apply}:
® Silts ®Sands ^ Concrete
® Cobbles ®Gravel ^ Muck
® Bedrock ^ Vegetation. Type/% cover:
^ Other. Explain:
Tributary condition/staL,ility [e.g., highly eroding, sloughing banks]. Explain: some small bank erosion.
Presence of nrnlrifflelpool comple_te,s. Explain: weakly developed; low flow.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): %
{c) Flow:
Tributary provides for: Pick List
Estimate average number of flow events in review area year: 6-10
Describe flow regime:
Other information on duration and volume:
Surface flow is:
Characteristics:
Subsurface flow: Unkno4vn. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed andbanks
^ OH~V Mb (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 OH~VM ~ Explain:
® the presence of fitter 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 tVater 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: Clear water, low level.
Identify specific pollutants, if known:
~A natural or man-made disconfinuity in the OI-IwM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OIIyVM has been removed by development or agricultural practices). Where there is a break in the OIIwM thatis 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 flaw above and below the break.
Ibid.

(iv} Biological Characteristics. Channel supports (check all that apply):
® Riparian comdor. Characteristics (type, average width}:
^ Wetland fringe. Characteristics:
® Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
® Other environmentally-sensifive species. Explain findings: Amphibians.
® Aquaticlwildlife diversity. Explain findings: Macrobenthos and oilier wildlife usage.
2. Characteristics of wetlands adjacent to non-TNjV 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 bermlbarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are, Pick List river miles from TN~V.
Project waters are Pick List aexial (straight) pules from TNW.
Flow is from: Pick List.
Estimate approximate. location of wetland as within the. Pick List floodplain.
(ii} Chemical Characteristics:
Characterize wetland system {e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii} Biological Characteristics. Wetland supports (check all that apply}:
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
.Sll wetland{s}being considered in the cumulative analysis: Pick List
Approximately { )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N} Size tin acres} Directly abuts? (Y/N} Size tin acres)
Summarize overall biological, chemical and physical firncflons being performed:
C. SIGNIFICANT NEXL?S 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 chenucal, 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 flaw
of «•ater 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 Uiresliold of distance {e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Sinularly, 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 Raparaos 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 reazing young for species that aze present in the TNW?
• Does the tributazy, 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 far 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 flnclings 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 tributazy in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT jVATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNT~Vs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: lineaz feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPZVs 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: Visual observation.
^ 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: 1,231 linear feet 5 width {ft}.
^ Other non-wetland. waters: acres.
Identify types} of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
^ ~Vaterbody 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 types} of waters:
4. «'etlandsclirectly abutting an RPZV" that flow directly or indirectly into TNt~'s.
^ Wetlands directly abut RPW and. thus are juriscctional as adjacent wetlands.
^ WetlancLs directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating t11at tributary is perennial in Section IILD.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:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. jM1'etlands adjacent to but not directly abutting an RPyV that flow directly or indirectly into TNj'~'s.
^ 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 sigrficant 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.
ti. S'4'etlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
^ Wetlands adjacent to such waters, andhave 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 juriscctional. Data. supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional watets.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 corrunerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLLIDING ISOLATED tiVETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE CONINIERCE, INCLLIDING ANY
SLICH V4'ATERS (CHECK ALL THAT APPLY):r0
^ which are or could be used by interstate or foreib 1 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.b of the Instructional Guidebook.
10 Prinr to asserting or declining CWA jurisdiction based solely nn this category, Corps Districts rovill elevate the action tt~ Carps and EPA HQ for
review consistent with the process described in the CorpsIEPA Dlerrtorarrrlurri Regarding CWA Art Jurisdirtion Fallowing Ralrartos.

Provide estimates for jurisdictional waters in the review azea {check all that apply):
^ Tributary waters: linear feet width {ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
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
LVetland Delineation Manual ancUor appropriate Regional Supplements.
^ Revie~~~ area included isolated waters ti~~ith 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): lineaz feet, width (ft}.
^ Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquafic resource:
^ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviev~~ed 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 snap(s). Cite scale R quad name:
^ USDA Natural Resources Conservation Service Soil Survey. Citation:
^ National wetlands inventory map(s). Cite name:
^ State/Local wetland. inventory map(s):
^ FEMA/FIRM ma13s:
^ 100-year Floodplain Elevation is: (National Geodsctic Vertical Datum of 1429)
® Photographs: ^ .Aerial (Name ~ Date):
or ®Other (Name & Date): Site #26.
^ Previous determination(s). File no. and date of response letter:
^ -Applicable/supporting case law:
^ Applicablelsupportingscsentific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

APPROVED JURISDICTIONAL DETERMINATION FOR147
LT.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION {JD}: 14!26/07
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: (2ueens Gap Site #27
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish borough: Rutherford City: Thermal City
Center coordinates of site (laUlong in degree decimal format}: Lat. 35 32' 46.21 "° N, Long. 82 O1' 18.14"° W.
Universal Transverse Mercator:
Name of nearest waterbody: Rock Creek
Name of nearest Traditional Navigable Water {TN~V) lnto which the aquatic resource flows: Second Broad River.
Name of watershed or Hydrologic Unit Code {HUC}: 03050105
® Check if mapldiagram of review area andlor 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) Detemunation. Date:
® Field Determination. Date{s}: August 8, 2007
SECTION II: SUIbINLARY OF FINDINGS
A. RHA SECTION 14 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable water's 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. CV4~A SECTION 444 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." tivithin Clean Water Act {CWA) jurisdiction (as defined by 33 CFR part 328) in the re~~ie~~r area. [Re~luired]
Waters of the U.S.
a. Indicate presence of waters of LT.S, in review area (check all that apply}: i
^ TNWs, including temtorial 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
^ Letlands 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 LT.S. in the review area:
Non-wetland. waters: 1,231 linear feet: 6 width (ft) and/or 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):3
^ Potentially jurisdictional waters andlor 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 Far' purposes of this form, an RPW is defined as a tributary thatis not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentafion is presented in Secfion IILF.

SECTION III: CWA ANALYSIS
A. TNGVs AND WETLANDS ADJACENT TO TNT's
The agencies will assert jurisdiction over TNLVs 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:
Summarize rationale supporting determination:
2. S'4'etlandadjacent to TNSV
Sununarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (T1LAT IS NOT A TN4V) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, ifany, and it helps
determine whether or not the standards for jurisdiction established under Rapanasliave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN`Vs where the tributaries are "relatively permanent
rvateis" (RPWs}, i.e. tributaries that typically flaw year-round ar have continuous flaw at least seasonally (e.g., typically 3
months}. A 4vetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNSV, but has year-round
(perennial) flow, ship to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flaw,
skip to Section III.D.d.
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 rvaterbocly4 is not an RPW, or a rvetiancl directly abutting an RPSV, a JD mill require additional data to deternne if the
waterbody has a significant nexus with a TNZV. If tiie tributary has adjacent wetlands, tire significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, Are tributary and all of its adjacent wetlands is used rvhetlier the rerierv area identified in the JD requestis
the tributary, or its adjacent wetlands, or both. If the JD covers a tributazy rr~th adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. Tlie determination whether a significant nexus exists is determined in Section III.C, below.
1. Characteristics of non-TN~Vs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 196acres
Drainage area: 196 acres
Average annual rainfall: 50. ~4 inches
Average annual snowfall: 5.6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
® Tributary flows through 4 tributaries before entering TNW.
Project waters are 2-5 river Holes from TNW.
Identify flow route to TNWS: Rock Creek-Second Broad River.
Tributary stream order, if known: First.
Project waters are 1(or less} river miles from RPW.
Project waters are 2-5 aerial (straight) miles from TNW.
Project waters are 1 {or less) aerial (straight} Holes from RPW.
Project craters cross or serve as state boundaries. Etpl<ain:
~ Note that the Instructional Guidebook cont2ins additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
s Flow route can be described by identifying, e.g., tributary a, which flows t}uough 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 tivith respect to top of bank (estimate):
Average width: 6 feet
Average depth:.5-1 feet
Average side slopes: 2:1.
Primary tributary substrate composition (check all that apply}:
® Silts ®Sands ^ Concrete
® Cobbles ®Gravel ^ Muck
® Bedrock ^ Vegetation. Type/% cover:
^ Other. Explain:
Tributary condition/staL,ility [e.g., highly eroding, sloughing banks]. Explain: some infrequent failures.
Presence of nrnlrifflelpool comple_te,s. Explain: well developed.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): %
{c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flo~~~ events in review area year: 6-10
Describe flow regime:
Other information on duration and volume:
Surface flow is:
Characteristics:
Subsurface flow: Unknown. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed andbanks
^ OH~V Mb (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 OH~VM ~ Explain:
® the presence of fitter 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 tVater 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: tVater color clear.
Identify specific pollutants, if known:
~A natural or man-made disconfinuity in the OI-IwM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OIIyVM has been removed by development or agricultural practices). Where there is a break in the OIIWM thatis 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 flaw above and below the break.
Ibid.

(iv} Biological Characteristics. Channel supports (check all that apply):
® Riparian comdor. Characteristics (type, average width}:
^ Wetland fringe. Characteristics:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
® Other environmentally-sensitive species. Explain findings: Amphibians.
® Aquaticlwildlife diversity. Explain findings: Macrbenthos and other Wildlife usage.
2. Characteristics of wetlands adjacent to non-TNjV 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 bermlbarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are, Pick List river miles from TN~V.
Project waters are Pick List aexial (straight) pules from TNW.
Flow is from: Pick List.
Estimate approximate. location of wetland as within the. Pick List floodplain.
(ii} Chemical Characteristics:
Characterize wetland system {e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii} Biological Characteristics. Wetland supports (check all that apply}:
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
.Sll wetland{s}being considered in the cumulative analysis: Pick List
Approximately { )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N} Size tin acres} Directly abuts? (Y/N} Size tin acres)
Summarize overall biological, chemical and physical firncflons being performed:
C. SIGNIFICANT NEXL?S 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 chenucal, 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 flaw
of «•ater 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 Uiresliold of distance {e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Sinularly, 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 Raparaos 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 reazing young for species that aze present in the TNW?
• Does the tributazy, 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 far 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 flnclings 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 tributazy in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT jVATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNT~Vs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: lineaz feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPZVs 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: Visual observation.
^ 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: 1,231 linear feet 6 width {ft}.
^ Other non-wetland. waters: acres.
Identify types} of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
^ ~Vaterbody 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 types} of waters:
4. «'etlandsclirectly abutting an RPZV" that flow directly or indirectly into TNt~'s.
^ Wetlands directly abut RPW and. thus are juriscctional as adjacent wetlands.
^ WetlancLs directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating t11at tributary is perennial in Section IILD.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:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. jM1'etlands adjacent to but not directly abutting an RPyV that flow directly or indirectly into TNj'~'s.
^ 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 sigrficant 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.
ti. S'4'etlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
^ Wetlands adjacent to such waters, andhave 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 juriscctional. Data. supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional watets.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 corrunerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLLIDING ISOLATED tiVETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE CONINIERCE, INCLLIDING ANY
SLICH V4'ATERS (CHECK ALL THAT APPLY):r0
^ which are or could be used by interstate or foreib 1 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.b of the Instructional Guidebook.
10 Prinr to asserting or declining CWA jurisdiction based solely nn this category, Corps Districts rovill elevate the action tt~ Carps and EPA HQ for
review consistent with the process described in the CorpsIEPA Dlerrtorarrrlurri Regarding CWA Art Jurisdirtion Fallowing Ralrartos.

Provide estimates for jurisdictional waters in the review azea {check all that apply):
^ Tributary waters: linear feet width {ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
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
LVetland Delineation Manual ancUor appropriate Regional Supplements.
^ Revie~~~ area included isolated waters ti~~ith 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): lineaz feet, width (ft}.
^ Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquafic resource:
^ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviev~~ed 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 snap(s). Cite scale R quad name:
^ USDA Natural Resources Conservation Service Soil Survey. Citation:
^ National wetlands inventory map(s). Cite name:
^ State/Local wetland. inventory map(s):
^ FEMA/FIRM ma13s:
^ 100-year Floodplain Elevation is: (National Geodsctic Vertical Datum of 1429)
® Photographs: ^ .Aerial (Name ~ Date):
or ®Other (Name & Date):Site # 27.
^ Previous determination(s). File no. and date of response letter:
^ -Applicable/supporting case law:
^ Applicablelsupportingscsentific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

APPROVED JURISDICTIONAL DETERMINATION FOR147
LT.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION {JD}: 14!26/07
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: (2ueens Gap Site #2$
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish borough: Rutherford City: Thermal City
Center coordinates of site (laUlong in degree decimal format}: Lat. 35 32' 46.21 "° N, Long. 82 O1' 18.14"° W.
Universal Transverse Mercator:
Name of nearest waterbody: Rock Creek
Name of nearest Traditional Navigable Water (TN~V) lnto which the aquatic resource flows: Second Broad River.
Name of watershed or Hydrologic Unit Code {HUC}: 03050105
® Check if mapldiagram of review area andlor 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) Detemunation. Date:
® Field Determination. Date{s}: August 8, 2007
SECTION II: SUIbINLARY OF FINDINGS
A. RHA SECTION 14 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable water's 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 suscepfible for use to transport interstate or foreign commerce.
Explain:
B. CV4~A SECTION 444 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." tivithin Clean Water Act {CWA) jurisdiction (as defined by 33 CFR part 328) in the re~~ie~~r area. [Re~luired]
Waters of the U.S
a. Indicate presence of waters of LT.S, in review area {check all that apply): i
^ 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 thart 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 LT.S. in the review area:
Non-wetland. waters: 1,008 linear feet: 4 width (ft) and/or acres.
Wetlands: acres.
c. Limits (boundaries} of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if known):
2. Non-regulated waters/wetiands (check if applicable):3
^ Potentially jurisdictional waters andlor 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 Far' purposes of this form, an RPW is defined as a tributary thatis not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentafion is presented in Secfion IILF.

SECTION III: CWA ANALYSIS
A. TNGVs AND WETLANDS ADJACENT TO TNT's
The agencies will assert jurisdiction over TNLVs 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:
Summarize rationale supporting determination:
2. S'4'etlandadjacent to TNSV
Sununarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (T1LAT IS NOT A TN4V) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, ifany, and it helps
determine whether or not the standards for jurisdiction established under Rapanasliave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN`Vs where the tributaries are "relatively permanent
rvateis" (RPWs}, i.e. tributaries that typically flaw year-round ar have continuous flaw at least seasonally (e.g., typically 3
months}. A 4vetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNSV, but has year-round
(perennial) flow, ship to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flaw,
skip to Section III.D.d.
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 rvaterbocly4 is not an RPW, or a rvetiancl directly abutting an RPSV, a JD mill require additional data to deternne if the
waterbody has a significant nexus with a TNZV. If tiie tributary has adjacent wetlands, tiie significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, Are tributary and all of its adjacent wetlands is used rvhetlier the rerierv area identified in the JD requestis
the tributary, or its adjacent wetlands, or both. If the JD covers a tributazy rr~th adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. Tlie determination whether a significant nexus exists is determined in Section III.C, below.
1. Characteristics of non-TN~Vs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 60acres
Drainage area: 60 acres
Average annual rainfall: 50.34 inches
Average annual snowfall: 5.6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
® Tributary flows through 4 tributaries before entering TNW.
Project waters are 2-5 river Holes from TNW.
Identify flow route to TNWS: Rock Creek-Second Broad River.
Tributary stream order, if known: First.
Project waters are 1(or less} river miles from RPW.
Project waters are 2-5 aerial (straight) miles from TNW.
Project waters are 1 {or less) aerial (straight} Holes from RPW.
Project craters cross or serve as state boundaries. Etpl<ain:
~ Note that the Instructional Guidebook cont2ins 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 t}uough 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 tivith respect to top of bank (estimate):
Average width: 6 feet
Average depth:.5-1 feet
Average side slopes: 2:1.
Primary tributary substrate composition (check all that apply}:
® Silts ®Sands ^ Concrete
® Cobbles ®Gravel ^ Muck
® Bedrock ^ Vegetation. Type/% cover:
^ Other. Explain:
Tributary condition/staL,ility [e.g., highly eroding, sloughing banks]. Explain: some infrequent failures.
Presence of nrnlrifflelpool comple_te,s. Explain: well developed.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): %
{c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flo~~~ events in review area year: 6-10
Describe flow regime:
Other information on duration and volume:
Surface flow is:
Characteristics:
Subsurface flow: Unknown. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed andbanks
^ OH~V Mb (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 OH~VM ~ Explain:
® the presence of fitter 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 tVater 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: tVater color clear.
Identify specific pollutants, if known:
~A natural or man-made disconfinuity in the OI-IwM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OIIyVM has been removed by development or agricultural practices). Where there is a break in the OIIWM thatis 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 flaw above and below the break.
Ibid.

(iv} Biological Characteristics. Channel supports (check all that apply):
® Riparian comdor. Characteristics (type, average width}:
^ Wetland fringe. Characteristics:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
® Other environmentally-sensitive species. Explain findings: Amphibians.
® Aquaticlwildlife diversity. Explain findings: Macrbenthos and other Wildlife usage.
2. Characteristics of wetlands adjacent to non-TNjV 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 bermlbarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are, Pick List river miles from TN~V.
Project waters are Pick List aexial (straight) pules from TNW.
Flow is from: Pick List.
Estimate approximate. location of wetland as within the. Pick List floodplain.
(ii} Chemical Characteristics:
Characterize wetland system {e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii} Biological Characteristics. Wetland supports (check all that apply}:
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
.Sll wetland{s}being considered in the cumulative analysis: Pick List
Approximately { )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N} Size tin acres} Directly abuts? (Y/N} Size tin acres)
Summarize overall biological, chemical and physical firncflons being performed:
C. SIGNIFICANT NEXL?S 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 chenucal, 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 flaw
of «•ater 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 Uiresliold of distance {e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Sinularly, 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 Raparaos 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 reazing young for species that aze present in the TNW?
• Does the tributazy, 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 far 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 flnclings 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 tributazy in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT jVATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNT~Vs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: lineaz feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPZVs 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: Visual observation.
^ 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: 1,448 linear feet 4 width {ft}.
^ Other non-wetland. waters: acres.
Identify types} of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
^ ~Vaterbody 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 types} of waters:
4. «'etlandsclirectly abutting an RPZV" that flow directly or indirectly into TNt~'s.
^ Wetlands directly abut RPW and. thus are juriscctional as adjacent wetlands.
^ WetlancLs directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating t11at tributary is perennial in Section IILD.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:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. jM1'etlands adjacent to but not directly abutting an RPyV that flow directly or indirectly into TNj'~'s.
^ 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 sigrficant 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.
ti. S'4'etlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
^ Wetlands adjacent to such waters, andhave 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 juriscctional. Data. supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional watets.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 corrunerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLLIDING ISOLATED tiVETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE CONINIERCE, INCLLIDING ANY
SLICH V4'ATERS (CHECK ALL THAT APPLY):r0
^ which are or could be used by interstate or foreib 1 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.b of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely nn this category, Corps Districts rovill elevate the action tt~ Carps and EPA HQ for
review consistent with the process described in the CorpsIEPA Dlerrtorarrrlurri Regarding CWA Art Jurisdirtion Fallowing Ralrartos.

Provide estimates for jurisdictional waters in the review azea {check all that apply):
^ Tributary waters: linear feet width {ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
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
LVetland Delineation Manual ancUor appropriate Regional Supplements.
^ Revie~~~ area included isolated waters ti~~ith 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): lineaz feet, width (ft}.
^ Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquafic resource:
^ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviev~~ed 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 snap(s). Cite scale R quad name:
^ USDA Natural Resources Conservation Service Soil Survey. Citation:
^ National wetlands inventory map(s). Cite name:
^ State/Local wetland. inventory map(s):
^ FEMA/FIRM ma13s:
^ 100-year Floodplain Elevation is: (National Geodsctic Vertical Datum of 1429)
® Photographs: ^ .Aerial (Name ~ Date):
or ®Other (Name & Date):Site # 2$.
^ Previous determination(s). File no. and date of response letter:
^ -Applicable/supporting case law:
^ Applicablelsupportingscsentific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

APPROVED JURISDICTIONAL DETERMINATION FOR147
LT.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION {JD}: 14!26/07
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: (2ueens Gap Site #29
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish borough: Rutherford City: Thermal City
Center coordinates of site (laUlong in degree decimal format}: Lat. 35 33' 1.34"° N, Long. 82 Ol' 12.99"° W.
Universal Transverse Mercator:
Name of nearest waterbody: Rock Creek
Name of nearest Traditional Navigable Water {TN~V) lnto which the aquatic resource flows: Second Broad River.
Name of watershed or Hydrologic Unit Code {HUC}: 03050105
® Check if mapldiagram of review area andlor 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) Detemunation. Date:
® Field Determination. Date{s}: 08/06/07
SECTION II: SUIbINLARY OF FINDINGS
A. RHA SECTION 14 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable water's 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. CV4~A SECTION 444 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." tivithin Clean Water Act {CWA) jurisdiction (as defined by 33 CFR part 328) in the re~~ie~~r area. [Re~luired]
Waters of the U.S.
a. Indicate presence of waters of LT.S, in review area (check all that apply}: i
^ TNWs, including temtorial 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
^ Letlands 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 LT.S. in the review area:
Non-wetland. waters: 1,026 linear feet: 6 width (ft) and/or 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):3
^ Potentially jurisdictional waters andlor 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 Far' purposes of this form, an RPW is defined as a tributary thatis not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentafion is presented in Secfion IILF.

SECTION III: CWA ANALYSIS
A. TNGVs AND WETLANDS ADJACENT TO TNT's
The agencies will assert jurisdiction over TNLVs 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:
Summarize rationale supporting determination:
2. S'4'etlandadjacent to TNSV
Sununarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (T1LAT IS NOT A TN4V) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, ifany, and it helps
determine whether or not the standards for jurisdiction established under Rapanasliave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN`Vs where the tributaries are "relatively permanent
rvateis" (RPWs}, i.e. tributaries that typically flaw year-round ar have continuous flaw at least seasonally (e.g., typically 3
months}. A 4vetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNSV, but has year-round
(perennial) flow, ship to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flaw,
skip to Section III.D.d.
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 rvaterbocly4 is not an RPW, or a rvetiancl directly abutting an RPSV, a JD mill require additional data to deternne if the
waterbody has a significant nexus with a TNZV. If tiie tributary has adjacent wetlands, tiie significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, Are tributary and all of its adjacent wetlands is used rvhetlier the rerierv area identified in the JD requestis
the tributary, or its adjacent wetlands, or both. If the JD covers a tributazy rr~th adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. Tlie determination whether a significant nexus exists is determined in Section III.C, below.
1. Characteristics of non-TN~Vs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: $9acres
Drainage area: 89 acres
Average annual rainfall: 50.34 inches
Average annual snowfall: 5.6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
® Tributary flows through 4 tributaries before entering TNW.
Project waters are 2-5 river Holes from TNW.
Identify flow route to TNWS: Rock Creek-Second Broad River.
Tributary stream order, if known: First.
Project waters are 1(or less} river miles from RPW.
Project waters are 2-5 aerial (straight) miles from TNW.
Project waters are 1 {or less) aerial (straight} Holes from RPW.
Project craters cross or serve as state boundaries. Etpl<ain:
~ Note that the Instructional Guidebook cont2ins 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 t}uough 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 tivith respect to top of bank (estimate):
Average width: 6 feet
Average depth:.25 feet
Average side slopes: 3:1.
Primary tributary substrate composition (check all that apply}:
® Silts ®Sands ^ Concrete
® Cobbles ®Gravel ^ Muck
^ Bedrock ^ Vegetation. Type/% cover:
^ Other. Explain:
Tributary condition/staL,ility [e.g., highly eroding, sloughing banks]. Explain: Stable Banks.
Presence of nrnlrifflelpool comple_te,s. Explain: Weak, not defined.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): %
{c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flo~~~ events in review area year: 6-10
Describe flow regime:
Other information on duration and volume:
Surface flow is:
Characteristics:
Subsurface flow: Unknown. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed andbanks
^ OH~V Mb (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 fitter 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: Clear water, general watershed characteristics.
Identify specific pollutants, if known:
~A natural or man-made disconfinuity in the OI-ItiVM 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 OIIWM thatis 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 flaw above and below the break.
Ibid.

(iv} Biological Characteristics. Channel supports (check all that apply}:
® Riparian comdor. Characteristics (type, average width}: Dense Rhododendron Canopy.
^ Wetland fringe. Characteristics:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
® Other environmentally-sensifive species. Explain findings: Amphibians.
® Aquaticlwildlife diversity. Explain findings: Macrobenthos and oilier wildlife usage.
2. Characteristics of wetlands adjacent to non-TNjV 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 bermlbarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are, Pick List river miles from TN~V.
Project waters are Pick List aexial (straight) pules from TNW.
Flow is from: Pick List.
Estimate approximate. location of wetland as within the. Pick List floodplain.
(ii} Chemical Characteristics:
Characterize wetland system {e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii} Biological Characteristics. Wetland supports (check all that apply}:
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
.Sll wetland{s}being considered in the cumulative analysis: Pick List
Approximately { )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N} Size tin acres} Directly abuts? (Y/N} Size tin acres)
Summarize overall biological, chemical and physical firncflons being performed:
C. SIGNIFICANT NEXL?S 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 chenucal, 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 flaw
of «•ater 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 Uiresliold of distance {e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Sinularly, 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 Raparaos 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 reazing young for species that aze present in the TNW?
• Does the tributazy, 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 far 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 flnclings 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 tributazy in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT jVATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNT~Vs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: lineaz feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPZVs 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: Visual observation.
^ 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: 1,02E linear feet 6 width {ft}.
^ Other non-wetland. waters: acres.
Identify types} of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
^ ~Vaterbody 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 types} of waters:
4. «'etlandsclirectly abutting an RPZV" that flow directly or indirectly into TNt~'s.
^ Wetlands directly abut RPW and. thus are jursdctional as adjacent wetlands.
^ WetlancLs directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating t11at tributary is perennial in Section IILD.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:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. jM1'etlands adjacent to but not directly abutting an RPyV that flow directly or indirectly into TNj'~'s.
^ 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 sigrficant 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.
ti. S'4'etlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
^ Wetlands adjacent to such waters, andhave 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 juriscctional. Data. supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional watets.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 corrunerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLLIDING ISOLATED tiVETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE CONINIERCE, INCLLIDING ANY
SLICH V4'ATERS (CHECK ALL THAT APPLY):r0
^ which are or could be used by interstate or foreib 1 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.b of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely nn this category, Corps Districts rovill elevate the action tt~ Carps and EPA HQ for
review consistent with the process described in the CorpsIEPA Dlerrtorarrrlurri Regarding CWA Art Jurisdirtion Fallowing Ralrartos.

Provide estimates for jurisdictional waters in the review azea {check all that apply):
^ Tributary waters: linear feet width {ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
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
LVetland Delineation Manual ancUor appropriate Regional Supplements.
^ Revie~~~ area included isolated waters ti~~ith 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): lineaz feet, width (ft}.
^ Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquafic resource:
^ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviev~~ed 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 snap(s). Cite scale R quad name:
^ USDA Natural Resources Conservation Service Soil Survey. Citation:
^ National wetlands inventory map(s). Cite name:
^ State/Local wetland. inventory map(s):
^ FEMA/FIRM ma13s:
^ 100-year Floodplain Elevation is: (National Geodsctic Vertical Datum of 1429)
® Photographs: ^ .Aerial (Name ~ Date):
or ®Other (Name & Date):Site # 24.
^ Previous determination(s). File no. and date of response letter:
^ -Applicable/supporting case law:
^ Applicablelsupportingscsentific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD: See DWQ and COE Data Fom~s.

APPROVED JURISDICTIONAL DETERMINATION FOR147
LT.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION {JD}: 1ll4ll07
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: (2ueens Gap Site #34
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish borough: Rutherford City: Thermal City
Center coordinates of site (laUlong in degree decimal format}: Lat. 35 33' 6.80"° N, Long. 82 Ol' 7.70"° W.
Universal Transverse Mercator:
Name of nearest waterbody: Rock Creek
Name of nearest Traditional Navigable Water {TN~V) lnto which the aquatic resource flows: Second Broad River
Name of watershed or Hydrologic Unit Code {HUC}: 03050105
® Check if mapldiagram of review area andlor 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) Detemunation. Date:
® Field Determination. Dates}: 08/06/07
SECTION II: SUIbINLARY OF FINDINGS
A. RHA SECTION 14 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable water's 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. CV4~A SECTION 444 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." tivithin Clean Water Act {CWA) jurisdiction (as defined by 33 CFR part 328) in the re~~ie~~r area. [Re~~uired]
Waters of the U.S.
a. Indicate presence of waters of LT.S, in review area (check all that apply}: i
^ TNWs, including temtorial 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
^ Letlands 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 LT.S. in the review area:
Non-wetland. waters: 592 linear feet: 4 width (ft} andlor 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):3
^ Potentially jurisdictional waters andlor 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 Far' purposes of this form, an RPW is defined as a tributary thatis not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentafion is presented in Secfion IILF.

SECTION III: CWA ANALYSIS
A. TNGVs AND WETLANDS ADJACENT TO TNT's
The agencies will assert jurisdiction over TNLVs 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:
Summarize rationale supporting determination:
2. S'4'etlandadjacent to TNSV
Sununarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (T1LAT IS NOT A TN4V) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, ifany, and it helps
determine whether or not the standards for jurisdiction established under Rapanasliave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN`Vs where the tributaries are "relatively permanent
rvateis" (RPWs}, i.e. tributaries that typically flaw year-round ar have continuous flaw at least seasonally (e.g., typically 3
months}. A 4vetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNSV, but has year-round
(perennial) flow, ship to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flaw,
skip to Section III.D.d.
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 rvaterbocly4 is not an RPW, or a rvetiancl directly abutting an RPSV, a JD mill require additional data to deternne if the
waterbody has a significant nexus with a TNZV. If tiie tributary has adjacent wetlands, tiie significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, Are tributary and all of its adjacent wetlands is used rvhetlier the rerierv area identified in the JD requestis
the tributary, or its adjacent wetlands, or both. If the JD covers a tributazy rr~th adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. Tlie determination whether a significant nexus exists is determined in Section III.C, below.
1. Characteristics of non-TN~Vs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 27acres
Drainage area: 27 acres
Average annual rainfall: 50.34 inches
Average annual snowfall: 5.6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
® Tributary flows through 4 tributaries before entering TNW.
Project waters are 2-5 river Holes from TNW.
Identify flow route to TNWS: Rock Creek-Second Broad River.
Tributary stream order, if known: First.
Project waters are 1(or less} river miles from RPW.
Project waters are 2-5 aerial (straight) miles from TNW.
Project waters are 1 {or less) aerial (straight} Holes from RPW.
Project craters cross or serve as state boundaries. Etpl<ain:
~ Note that the Instructional Guidebook cont2ins 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 t}uough 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 tivith respect to top of bank (estimate):
Average width: 4 feet
Average depth: 1 feet
Average side slopes: 2:1.
Primary tributary substrate composition (check all that apply}:
® Silts ®Sands ^ Concrete
® Cobbles ®Gravel ^ Muck
^ Bedrock ^ Vegetation. Type/% cover:
^ Other. Explain:
Tributary condition/staL,ility [e.g., highly eroding, sloughing banks]. Explain: some erosion, relatively stable.
Presence of nrnlrifflelpool comple_te,s. Explain: none apparent. no water.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): %
{c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flo~~~ events in review area year: 6-10
Describe flow regime:
Other information on duration and volume:
Surface flow is: Discrete and confined. Characteristics: possible stormwater or winter flow.
Subsurface flow: Unknown. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed andbanks
^ OH~V Mb (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 OH~VM ~ Explain:
^ the presence of fitter 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 tVater 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: tVater color clear, quality good.
Identify specific pollutants, if known: NA.
~A natural or man-made disconfinuity in the OI-IwM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OIIyVM has been removed by development or agricultural practices). Where there is a break in the OIIwM thatis 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 flaw above and below the break.
Ibid.

(iv} Biological Characteristics. Channel supports (check all that apply}:
® Riparian comdor. Characteristics (type, average width): canopy and understory vegetation.
^ Wetland fringe. Characteristics:
® Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
® Other environmentally-sensifive species. Explain findings: Amphibians.
® Aquaticlwildlife diversity. Explain findings: Macrobenthos and oilier wildlife usage.
2. Characteristics of wetlands adjacent to non-TNjV 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 bermlbarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are, Pick List river miles from TN~V.
Project waters are Pick List aexial (straight) pules from TNW.
Flow is from: Pick List.
Estimate approximate. location of wetland as within the. Pick List floodplain.
(ii} Chemical Characteristics:
Characterize wetland system {e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii} Biological Characteristics. Wetland supports (check all that apply}:
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
.Sll wetland{s}being considered in the cumulative analysis: Pick List
Approximately { )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N} Size tin acres} Directly abuts? (Y/N} Size tin acres)
Summarize overall biological, chemical and physical firncflons being performed:
C. SIGNIFICANT NEXL?S 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 chenucal, 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 flaw
of «•ater 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 Uiresliold of distance {e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Sinularly, 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 Raparaos 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 reazing young for species that aze present in the TNW?
• Does the tributazy, 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 far 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 flnclings 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 tributazy in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT jVATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNT~Vs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: lineaz feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPZVs 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: Visual observation.
^ 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: 529 linear feet 4 width {ft).
^ Other non-wetland. waters: acres.
Identify types} of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
^ ~Vaterbody 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 types} of waters:
4. «'etlandsclirectly abutting an RPZV" that flow directly or indirectly into TNt~'s.
^ Wetlands directly abut RPW and. thus are jurisclictional as adjacent wetlands.
^ WetlancLs directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating t11at tributary is perennial in Section IILD.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:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. jM1'etlands adjacent to but not directly abutting an RPyV that flow directly or indirectly into TNj'~'s.
^ 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 sigrficant 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.
ti. S'4'etlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
^ Wetlands adjacent to such waters, andhave 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 jurisclictional. Data. supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional watets.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 corrunerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLLIDING ISOLATED tiVETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE CONINIERCE, INCLLIDING ANY
SLICH V4'ATERS (CHECK ALL THAT APPLY):r0
^ which are or could be used by interstate or foreib 1 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.b of the Instructional Guidebook.
10 Prinr to asserting or declining CWA jurisdiction based solely nn this category, Corps Districts rovill elevate the action tt~ Carps and EPA HQ for
review consistent with the process described in the CorpsIEPA Dlerrtorarrrlurri Regarding CWA Art Jurisdirtion Fallowing Ralrartos.

Provide estimates for jurisdictional waters in the review azea {check all that apply):
^ Tributary waters: linear feet width {ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
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
LVetland Delineation Manual ancUor appropriate Regional Supplements.
^ Revie~~~ area included isolated waters ti~~ith 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): lineaz feet, width (ft}.
^ Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquafic resource:
^ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviev~~ed 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 snap(s). Cite scale R quad name:
^ USDA Natural Resources Conservation Service Soil Survey. Citation:
^ National wetlands inventory map(s). Cite name:
^ State/Local wetland. inventory map(s):
^ FEMA/FIRM ma13s:
^ 100-year Floodplain Elevation is: (National Geodsctic Vertical Datum of 1429)
® Photographs: ^ .Aerial (Name ~ Date):
or ®Other (Name & Date):Site # 30.
^ Previous determination(s). File no. and date of response letter:
^ -Applicable/supporting case law:
^ Applicablelsupportingscsentific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD: see COE and DWQ forms.

APPROVED JURISDICTIONAL DETERMINATION FOR147
LT.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION {JD}: 1ll4ll07
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: (2ueens Gap Site #31
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish borough: Rutherford City: Thermal City
Center coordinates of site (laUlong in degree decimal format}: Lat. 35 31' 8.69"° N, Long. 82 Ol' 37.13° W.
Universal Transverse Mercator:
Name of nearest waterbody: Lewis Creek
Name of nearest Traditional Navigable Water {TN~V) lnto which the aquatic resource flows: Broad River
Name of watershed or Hydrologic Unit Code {HUC}: 03050105
® Check if mapldiagram of review area andlor 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) Detemunation. Date:
® Field Determination. Date{s}: Aug-6-2007
SECTION II: SUIbINLARY OF FINDINGS
A. RHA SECTION 14 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable water's 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. CV4~A SECTION 444 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." tivithin Clean Water Act {CWA) jurisdiction (as defined by 33 CFR part 328) in the re~~ie~v area. [Re~~uired]
Waters of the U.S.
a. Indicate presence of waters of LT.S, in review area (check all that apply}: i
^ TNWs, including temtorial 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
^ Letlands 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 LT.S. in the review area:
Non-wetland. waters: 305 linear feet: 5-10 width {ft) andlor 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):3
^ Potentially jurisdictional waters andlor 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 Far' purposes of this form, an RPW is defined as a tributary thatis not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentafion is presented in Secfion IILF.

SECTION III: CWA ANALYSIS
A. TNGVs AND WETLANDS ADJACENT TO TNT's
The agencies will assert jurisdiction over TNLVs 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:
Summarize rationale supporting determination:
2. S'4'etlandadjacent to TNSV
Sununarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (T1LAT IS NOT A TN4V) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, ifany, and it helps
determine whether or not the standards for jurisdiction established under Rapanasliave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN`Vs where the tributaries are "relatively permanent
rvateis" (RPWs}, i.e. tributaries that typically flaw year-round ar have continuous flaw at least seasonally (e.g., typically 3
months}. A 4vetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNSV, but has year-round
(perennial) flow, ship to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flaw,
skip to Section III.D.d.
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 rvaterbocly4 is not an RPW, or a rvetiancl directly abutting an RPSV, a JD mill require additional data to deternne if the
waterbody has a significant nexus with a TNZV. If tiie tributary has adjacent wetlands, tire significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, Are tributary and all of its adjacent wetlands is used rvhetlier the rerierv area identified in the JD requestis
the tributary, or its adjacent wetlands, or both. If the JD covers a tributazy rr~th adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. Tlie determination whether a significant nexus exists is determined in Section III.C, below.
1. Characteristics of non-TN~Vs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 276acres
Drainage area: 276 acres
Average annual rainfall: 50. ~4 inches
Average annual snowfall: 5.6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
® Tributary flows through 3 tributaries before entering TNW.
Project waters are 15-20 river pules from TNW.
Identify flow route to TNWS: UT-Lewis Creek-Cathy's Creek.
Tributary stream order, if known: First.
Project waters are 1(or less} river miles from RPW.
Project waters are 10-15 aerial (straight} miles from TN~V.
Project waters are 1 {or less} aerial (straight} Holes from RPW.
Project craters cross or serve as state boundaries. Etpl<ain:
~ Note that the Instructional Guidebook cont2ins 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 t}uough 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: 12-15 feet
Average depth: 5-10 feet
Average side slopes: 2:1.
Primary tributary substrate composition (check all that apply}:
® Silts ®Sands ^ Concrete
® Cobbles ®Gravel ^ Muck
^ Bedrock ^ Vegetation. Type/% cover:
^ Other. Explain:
Tributary condition/staL,ility [e.g., highly eroding, sloughing banks]. Explain: Stable.
Presence of nrnlrifflelpool comple_te,s. Explain:
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 3 %
{c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flo~~~ events in review area year: 6-10
Describe flow regime:
Other information on duration and volume:
Surface flow is:
Characteristics: perennial.
Subsurface flow: Unknown. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed andbanks
^ OH~V Mb (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 OH~VM ~ Explain:
^ the presence of fitter 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 tVater 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: clear water.
Identify specific pollutants, if known: unknown.
~A natural or man-made disconfinuity in the OI-ItiVM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OIIyVM has been removed by development or agricultural practices). Where there is a break in the OIIWM thatis 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 flaw above and below the break.
Ibid.

(iv} Biological Characteristics. Channel supports (check all that apply):
® Riparian comdor. Characteristics (type, average width}: forested- Oak.
^ Wetland fringe. Characteristics:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
® Other environmentally-sensifive species. Explain findings: Amphibians.
® Aquaticlwildlife diversity. Explain findings: arnphibians, crawfish, inacrolienthos.
2. Characteristics of wetlands adjacent to non-TNjV 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 bermlbarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are, Pick List river miles from TN~V.
Project waters are Pick List aexial (straight) pules from TNW.
Flow is from: Pick List.
Estimate approximate. location of wetland as within the. Pick List floodplain.
(ii} Chemical Characteristics:
Characterize wetland system {e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii} Biological Characteristics. Wetland supports (check all that apply}:
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
.Sll wetland{s}being considered in the cumulative analysis: Pick List
Approximately { )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N} Size tin acres} Directly abuts? (Y/N} Size tin acres)
Summarize overall biological, chemical and physical functons being performed:
C. SIGNIFICANT NEXL?S 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 chenucal, 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 flaw
of «•ater 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 Uiresliold of distance {e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Sinularly, 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 Raparaos 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 reazing young for species that aze present in the TNW?
• Does the tributazy, 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 far 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 flnclings 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 tributazy in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT jVATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNT~Vs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: lineaz feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPZVs 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: Visual observation.
^ 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: 345 linear feet 5-14width (ft}.
^ Other non-wetland. waters: acres.
Identify types} of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
^ ~Vaterbody 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 types} of waters:
4. «'etlandsclirectly abutting an RPZV" that flow directly or indirectly into TNt~'s.
^ Wetlands directly abut RPW and. thus are juriscctional as adjacent wetlands.
^ WetlancLs directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating t11at tributary is perennial in Section IILD.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:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. jM1'etlands adjacent to but not directly abutting an RPyV that flow directly or indirectly into TNj'~'s.
^ 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 sigrficant 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.
ti. S'4'etlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
^ Wetlands adjacent to such waters, andhave 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 juriscctional. Data. supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional watets.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 corrunerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLLIDING ISOLATED tiVETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE CONINIERCE, INCLLIDING ANY
SLICH V4'ATERS (CHECK ALL THAT APPLY):r0
^ which are or could be used by interstate or foreib 1 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.b of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely nn this category, Corps Districts rovill elevate the action tt~ Carps and EPA HQ for
review consistent with the process described in the CorpsIEPA Dlerrtorarrrlurri Regarding CWA Art Jurisdirtion Fallowing Ralrartos.

Provide estimates for jurisdictional waters in the review azea {check all that apply):
^ Tributary waters: linear feet width {ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
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
LVetland Delineation Manual ancUor appropriate Regional Supplements.
^ Revie~~~ area included isolated waters ti~~ith 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): lineaz feet, width (ft}.
^ Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquafic resource:
^ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviev~~ed 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 snap(s). Cite scale R quad name:
^ USDA Natural Resources Conservation Service Soil Survey. Citation:
^ National wetlands inventory map(s). Cite name:
^ State/Local wetland. inventory map(s):
^ FEMA/FIRM ma13s:
^ 100-year Floodplain Elevation is: (National Geodsctic Vertical Datum of 1429)
® Photographs: ^ .Aerial (Name ~ Date):
or ®Other (Name & Date):Site #31.
^ Previous determination(s). File no. and date of response letter:
^ -Applicable/supporting case law:
^ Applicablelsupportingscsentific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

APPROVED JURISDICTIONAL DETERMINATION FOR147
LT.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION {JD}: 1ll4ll07
B. DISTRICT OFFICE, FILE NAME, AND NUIVIBER:Queens Gap Site #32
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish borough: Rutherford City: Thermal City
Center coordinates of site (laUlong in degree decimal format}: Lat. 35 31' 15.81 "° N, Long. 82 O1' 24.66"° W.
Universal Transverse Mercator:
Name of nearest waterbody: Lewis Creek
Name of nearest Traditional Navigable Water {TN~V) lnto which the aquatic resource flows: Broad River.
Name of watershed or Hydrologic Unit Code {HUC}: 03050105
® Check if mapldiagram of review area andlor 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) Detemunation. Date:
® Field Determination. Date{s}: 08/06/07
SECTION II: SUIbINLARY OF FINDINGS
A. RHA SECTION 14 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable water's 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. CV4~A SECTION 444 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." tivithin Clean Water Act {CWA) jurisdiction (as defined by 33 CFR part 328) in the re~~ie~v area. [Re~~uired]
Waters of the U.S.
a. Indicate presence of waters of LT.S, in review area (check all that apply}: i
^ TNWs, including temtorial 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
^ Letlands 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 LT.S. in the review area:
Non-wetland. waters: 648 linear feet: 5-8 width (ft) andlor 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):3
^ Potentially jurisdictional waters andlor 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 Far' purposes of this form, an RPW is defined as a tributary thatis not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentafion is presented in Secfion IILF.

SECTION III: CWA ANALYSIS
A. TNGVs AND WETLANDS ADJACENT TO TNT's
The agencies will assert jurisdiction over TNLVs 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:
Summarize rationale supporting determination:
2. S'4'etlandadjacent to TNSV
Sununarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (T1LAT IS NOT A TN4V) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, ifany, and it helps
determine whether or not the standards for jurisdiction established under Rapanasliave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN`Vs where the tributaries are "relatively permanent
rvateis" (RPWs}, i.e. tributaries that typically flaw year-round ar have continuous flaw at least seasonally (e.g., typically 3
months}. A 4vetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNSV, but has year-round
(perennial) flow, ship to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flaw,
skip to Section III.D.d.
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 rvaterbocly4 is not an RPW, or a rvetiancl directly abutting an RPSV, a JD mill require additional data to deternne if the
waterbody has a significant nexus with a TNZV. If tiie tributary has adjacent wetlands, tiie significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, Are tributary and all of its adjacent wetlands is used rvhetlier the rerierv area identified in the JD requestis
the tributary, or its adjacent wetlands, or both. If the JD covers a tributazy rr~th adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. Tlie determination whether a significant nexus exists is determined in Section III.C, below.
1. Characteristics of non-TN~Vs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 59acres
Drainage area: ~9 acres
Average annual rainfall: 50.34 inches
Average annual snowfall: 5.6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
® Tributary flows through 2 tributaries before entering TNW.
Project waters are 15-20 river pules from TNW.
Identify flow route to TNWS: UT-Lewis Creek-Cathy's Creek.
Tributary stream order, if known: First.
Project waters are 1(or less} river miles from RPW.
Project waters are 15-20 aerial (straight} miles from TN~V.
Project waters are 1 {or less} aerial (straight} Holes from RPW.
Project craters cross or serve as state boundaries. Etpl<ain:
~ Note that the Instructional Guidebook cont2ins 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 t}uough 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: 15-20 feet
Average depth: 5-R feet
Average side slopes: 2:1.
Primary tributary substrate composition (check all that apply}:
® Silts ®Sands ^ Concrete
® Cobbles ®Gravel ^ Muck
® Bedrock ^ Vegetation. Type/% cover:
^ Other. Explain:
Tributary condition/staL,ility [e.g., highly eroding, sloughing banks]. Explain: stable.
Presence of nrnlrifflelpool comple_te,s. Explain: present.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 5 %
{c) Flow:
Tributary provides for: Pick List
Estimate average number of flow events in review area year: 6-10
Describe flow regime:
Other information on duration and volume:
Surface flow is:
Characteristics:
Subsurface flow: Unkno4vn. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed andbanks
^ OH~V Mb (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 OH~VM ~ Explain:
^ the presence of fitter 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 tVater 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 clear, general watershed characteristics.
Identify specific pollutants, if known: unknown.
~A natural or man-made disconfinuity in the OI-ItiVM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OIIyVM has been removed by development or agricultural practices). Where there is a break in the OIIWM thatis 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 flaw above and below the break.
Ibid.

(iv} Biological Characteristics. Channel supports (check all that apply):
® Riparian comdor. Characteristics (type, average width}: forested..
^ Wetland fringe. Characteristics:
^ Habitat for:
^ Federally Listed species. Explain findings:
® Fish/spawn areas. Explain findings: Fish Reds present.
® Other environmentally-sensifive species. Explain findings: Amphibians.
® Aquaticlwildlife diversity. Explain findings: Macrobenthos and oilier wildlife usage.
2. Characteristics of wetlands adjacent to non-TNjV 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 bermlbarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are, Pick List river miles from TN~V.
Project waters are Pick List aexial (straight) pules from TNW.
Flow is from: Pick List.
Estimate approximate. location of wetland as within the. Pick List floodplain.
(ii} Chemical Characteristics:
Characterize wetland system {e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii} Biological Characteristics. Wetland supports (check all that apply}:
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
.Sll wetland{s}being considered in the cumulative analysis: Pick List
Approximately { )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N} Size tin acres} Directly abuts? (Y/N} Size tin acres)
Summarize overall biological, chemical and physical firncflons being performed:
C. SIGNIFICANT NEXL?S 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 chenucal, 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 flaw
of «•ater 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 Uiresliold of distance {e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Sinularly, 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 Raparaos 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 reazing young for species that aze present in the TNW?
• Does the tributazy, 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 far 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 flnclings 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 tributazy in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT jVATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNT~Vs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: lineaz feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPZVs 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: Visual observation.
^ 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: 648 linear feet 5-8width {ft).
^ Other non-wetland. waters: acres.
Identify types} of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
^ ~Vaterbody 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 types} of waters:
4. «'etlandsclirectly abutting an RPZV" that flow directly or indirectly into TNt~'s.
^ Wetlands directly abut RPW and. thus are juriscctional as adjacent wetlands.
^ WetlancLs directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating t11at tributary is perennial in Section IILD.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:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. jM1'etlands adjacent to but not directly abutting an RPyV that flow directly or indirectly into TNj'~'s.
^ 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 sigrficant 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. S'4'etlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
^ Wetlands adjacent to such waters, andhave 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 juriscctional. Data. supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional watets.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 corrunerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLLIDING ISOLATED tiVETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE CONINIERCE, INCLLIDING ANY
SLICH V4'ATERS (CHECK ALL THAT APPLY):r0
^ which are or could be used by interstate or foreib 1 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.b of the Instructional Guidebook.
10 Prinr to asserting or declining CWA jurisdiction based solely nn this category, Corps Districts rovill elevate the action tt~ Carps and EPA HQ for
review consistent with the process described in the CorpsIEPA Dlerrtorarrrlurri Regarding CWA Art Jurisdirtion Fallowing Ralrartos.

Provide estimates for jurisdictional waters in the review azea {check all that apply):
^ Tributary waters: linear feet width {ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
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
LVetland Delineation Manual ancUor appropriate Regional Supplements.
^ Revie~~~ area included isolated waters ti~~ith 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): lineaz feet, width (ft}.
^ Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquafic resource:
^ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviev~~ed 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 snap(s). Cite scale R quad name:
^ USDA Natural Resources Conservation Service Soil Survey. Citation:
^ National wetlands inventory map(s). Cite name:
^ State/Local wetland. inventory map(s):
^ FEMA/FIRM ma13s:
^ 100-year Floodplain Elevation is: (National Geodsctic Vertical Datum of 1429)
® Photographs: ^ .Aerial (Name ~ Date):
or ®Other (Name & Date):Site #32.
^ Previous determination(s). File no. and date of response letter:
^ -Applicable/supporting case law:
^ Applicablelsupportingscsentific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

APPROVED JURISDICTIONAL DETERMINATION FOR147
LT.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION {JD}: 1llOll07
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: (2ueens Gap Site #33
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish borough: Rutherford City: Thermal City
Center coordinates of site (laUlong in degree decimal format}: Lat. 35 32' 13.10° N, Long. 82 03' 41.67"° W.
Universal Transverse Mercator:
Name of nearest waterbody: Old Boney Creek
Name of nearest Traditional Navigable Water {TN~V) lnto which the aquatic resource flows: Broad River
Name of watershed or Hydrologic Unit Code {HUC}: 03050105
® Check if mapldiagram 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) Detemunation. Date:
® Field Determination. Date{s}: 08/06/07
SECTION II: SUIbINLARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable water's 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. CV4~A SECTION 444 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." tivithin Clean Water Act {CWA) jurisdiction (as defined by 33 CFR part 328) in the re~~ie~v area. [Re~~uired]
Waters of the U.S.
a. Indicate presence of waters of LT.S, in review area (check all that apply}: i
^ TNWs, including temtorial 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
^ Letlands 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: 992 linear feet: 12-15 width (ft) and/or 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):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 Far' purposes of this form, an RPW is defined as a tributary thatis not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentafion is presented in Secfion IILF.

SECTION III: CWA ANALYSIS
A. TNGVs AND WETLANDS ADJACENT TO TNT's
The agencies will assert jurisdiction over TNLVs 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:
Summarize rationale supporting determination:
2. S'4'etlandadjacent to TNSV
Sununarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (T1LAT IS NOT A TN4V) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, ifany, and it helps
determine whether or not the standards for jurisdiction established under Rapanasliave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN`Vs where the tributaries are "relatively permanent
rvateis" (RPWs}, i.e. tributaries that typically flaw year-round ar have continuous flaw at least seasonally (e.g., typically 3
months}. A 4vetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNSV, but has year-round
(perennial) flow, ship to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flaw,
skip to Section III.D.d.
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 rvaterbocly4 is not an RPW, or a rvetiancl directly abutting an RPSV, a JD mill require additional data to deternne if the
waterbody has a significant nexus with a TNZV. If tiie tributary has adjacent wetlands, tire significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, Are tributary and all of its adjacent wetlands is used rvhetlier the rerierv area identified in the JD requestis
the tributary, or its adjacent wetlands, or both. If the JD covers a tributazy rr~th adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. Tlie determination whether a significant nexus exists is determined in Section III.C, below.
1. Characteristics of non-TN~Vs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 147acres
Drainage area: 147 acres
Average annual rainfall: 50. ~4 inches
Average annual snowfall: 5.6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
® Tributary flows through 3 tributaries before entering TNW.
Project waters are 15-20 river pules from TNW.
Identify flow route to TNWS: UT-Old Boney Creek-Stone Creek-Cove Creek-to Broad River.
Tributary stream order, if known:
Project waters are 1(or less} river miles from RPW.
Project waters are 5-14 aerial (straight) miles from TNW.
Project waters are 1 {or less} aerial (straight) Holes from RPW.
Project craters cross or serve as state boundaries. Etpl<ain:
~ Note that the Instructional Guidebook cont2ins 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 t}uough 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: area has previously been logged.
Tributary properties with respect to top of bank (estimate):
Average width: 12-15 feet
Average depth: 4 feet
Average side slopes: 2:1.
Primary tributary substrate composition (check all that apply}:
® Silts ®Sands ^ Concrete
® Cobbles ®Gravel ®Muck
® Bedrock ^ Vegetation. Type/% cover:
^ Other. Explain:
Tributary condition/staL,ility [e.g., highly eroding, sloughing banks]. Explain: bank failures.
Presence of nrnlrifflelpool comple_te,s. Explain:
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 2-3 %
{c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flo~~~ events in review area year: 6-10
Describe flow regime:
Other information on duration and volume:
Surface flow is:
Characteristics:
Subsurface flow: Unknown. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed andbanks
^ OH~V Mb (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 OH~VM ~ Explain:
^ the presence of fitter 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 tVater 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 clear, good quality.
Identify specific pollutants, if known: NIA.
~A natural or man-made disconfinuity in the OI-ItiVM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OIIyVM has been removed by development or agricultural practices). Where there is a break in the OIIWM thatis 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 flaw above and below the break.
Ibid.

(iv} Biological Characteristics. Channel supports (check all that apply}:
® Riparian comdor. Characteristics (type, average width): forested, 100' buffer.
^ Wetland fringe. Characteristics:
® Habitat for:
^ Federally Listed species. Explain findings:
® Fish/spawn areas. Explain findings: Fish present.
® Other environmentally-sensifive species. Explain findings: Amphibians.
® Aquaticlwildlife diversity. Explain findings: Macrobenthos and oilier wildlife usage.
2. Characteristics of wetlands adjacent to non-TNjV 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 bermlbarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are, Pick List river miles from TN~V.
Project waters are Pick List aexial (straight) pules from TNW.
Flow is from: Pick List.
Estimate approximate. location of wetland as within the. Pick List floodplain.
(ii} Chemical Characteristics:
Characterize wetland system {e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii} Biological Characteristics. Wetland supports (check all that apply}:
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
.Sll wetland{s}being considered in the cumulative analysis: Pick List
Approximately { )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N} Size tin acres} Directly abuts? (Y/N} Size tin acres)
Summarize overall biological, chemical and physical firncflons being performed:
C. SIGNIFICANT NEXL?S 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 chenucal, 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 flaw
of «•ater 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 Uiresliold of distance {e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Sinularly, 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 Raparaos 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 reazing young for species that aze present in the TNW?
• Does the tributazy, 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 far 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 flnclings 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 tributazy in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT jVATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNT~Vs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: lineaz feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPZVs 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: Visual observation.
^ 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: 992 linear feet 12-15 width {ft).
^ Other non-wetland. waters: acres.
Identify types} of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
^ ~Vaterbody 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 types} of waters:
4. «'etlandsclirectly abutting an RPZV" that flow directly or indirectly into TNt~'s.
^ Wetlands directly abut RPW and. thus are jursdctional as adjacent wetlands.
^ WetlancLs directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating t11at tributary is perennial in Section IILD.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:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. jM1'etlands adjacent to but not directly abutting an RPyV that flow directly or indirectly into TNj'~'s.
^ 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 sigrficant 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.
ti. S'4'etlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
^ Wetlands adjacent to such waters, andhave 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 juriscctional. Data. supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional watets.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 corrunerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLLIDING ISOLATED tiVETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE CONINIERCE, INCLLIDING ANY
SLICH V4'ATERS (CHECK ALL THAT APPLY):r0
^ which are or could be used by interstate or foreib 1 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.b of the Instructional Guidebook.
10 Prinr to asserting or declining CWA jurisdiction based solely nn this category, Corps Districts rovill elevate the action tt~ Carps and EPA HQ for
review consistent with the process described in the CorpsIEPA Dlerrtorarrrlurri Regarding CWA Art Jurisdirtion Fallowing Ralrartos.

Provide estimates for jurisdictional waters in the review azea {check all that apply):
^ Tributary waters: linear feet width {ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
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
LVetland Delineation Manual ancUor appropriate Regional Supplements.
^ Revie~~~ area included isolated waters ti~~ith 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): lineaz feet, width (ft}.
^ Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquafic resource:
^ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviev~~ed 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 snap(s). Cite scale R quad name:
^ USDA Natural Resources Conservation Service Soil Survey. Citation:
^ National wetlands inventory map(s). Cite name:
^ State/Local wetland. inventory map(s):
^ FEMA/FIRM ma13s:
^ 100-year Floodplain Elevation is: (National Geodsctic Vertical Datum of 1429)
® Photographs: ^ .Aerial (Name ~ Date):
or ®Other (Name & Date): Site #33.
^ Previous determination(s). File no. and date of response letter:
^ -Applicable/supporting case law:
^ Applicablelsupportingscsentific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

APPROVED JURISDICTIONAL DETERMINATION FOR147
LT.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION {JD}: 1llOll07
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: (2ueens Gap Site #34
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish borough: Rutherford City: Thermal City
Center coordinates of site (laUlong in degree decimal format}: Lat. 35 32' 5.79"° N, Long. $2 03' 30.01 "° W.
Universal Transverse Mercator:
Name of nearest waterbody: Old Boney Creek
Name of nearest Traditional Navigable Water {TN~V) lnto which the aquatic resource flows: Broad River.
Name of watershed or Hydrologic Unit Code {HUC}: 03050105
® Check if mapldiagram of review area andlor 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) Detemunation. Date:
® Field Determination. Date{s}: Aug-07-2007
SECTION II: SUIbINLARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable water's 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. CV4~A SECTION 444 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." tivithin Clean Water Act {CWA) jurisdiction (as defined by 33 CFR part 328) in the re~~ie~v area. [Re~~uired]
Waters of the U.S.
a. Indicate presence of waters of LT.S, in review area (check all that apply}: i
^ TNWs, including temtorial 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
^ Letlands 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 LT.S. in the review area:
Non-wetland. waters: 2,077 linear feet: 12-15 width (ft} andlor 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):3
^ Potentially jurisdictional waters andlor 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 Far' purposes of this form, an RPW is defined as a tributary thatis not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentafion is presented in Secfion IILF.

SECTION III: CWA ANALYSIS
A. TNGVs AND WETLANDS ADJACENT TO TNT's
The agencies will assert jurisdiction over TNLVs 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:
Summarize rationale supporting determination:
2. S'4'etlandadjacent to TNSV
Sununarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (T1LAT IS NOT A TN4V) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, ifany, and it helps
determine whether or not the standards for jurisdiction established under Rapanasliave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN`Vs where the tributaries are "relatively permanent
rvateis" (RPWs}, i.e. tributaries that typically flaw year-round ar have continuous flaw at least seasonally (e.g., typically 3
months}. A 4vetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNSV, but has year-round
(perennial) flow, ship to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flaw,
skip to Section III.D.d.
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 rvaterbocly4 is not an RPW, or a rvetiancl directly abutting an RPSV, a JD mill require additional data to deternne if the
waterbody has a significant nexus with a TNZV. If tiie tributary has adjacent wetlands, tiie significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, Are tributary and all of its adjacent wetlands is used rvhetlier the rerierv area identified in the JD requestis
the tributary, or its adjacent wetlands, or both. If the JD covers a tributazy rr~th adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. Tlie determination whether a significant nexus exists is determined in Section III.C, below.
1. Characteristics of non-TN~Vs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 147.3acres
Drainage area: 147.3 acres
.Average aimual rainfall: 50.34 inches
Average annual snowfall: 5.6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
® Tributary flows through 3 tributaries before entering TNW.
Project waters are 15-20 river pules from TNW.
Identify flow route to TNWS: UT-Old Boney Creek-Stone Creek-Cove Creek-to Broad River.
Tributary stream order, if known:
Project waters are 1(or less} river miles from RPW.
Project waters are 5-14 aerial (straight) miles from TNW.
Project waters are 1 {or less} aerial (straight) Holes from RPW.
Project craters cross or serve as state boundaries. Etpl<ain:
~ Note that the Instructional Guidebook cont2ins 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 t}uough 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:
but silted in.
Tributary properties with respect to top of bank (estimate):
Average width: 12-15 feet
Average depth: 1-2 feet
Average side slopes: 2:1.
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: stable, high sediment. Good complexity,
Presence of run/riffle/pool complexes. Explain: pool complexes present.
Tributary geometry: Relatively straight
Tributary gradient (approxinrite average slope): 4-5 %
(c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flow events in review area/year: 6-10
Describe flow regime:
Other infonnation on duration and volume:
Surface flow is:
Characteristics:
Subsurface flow: Unknown. Explain findings:
^ Dye (or other} test performed:
Tribttary has (check all that apply):
® Bed andbanks
^ OHWM6 (check all indicators that apply}:
® clear, natural line impressed on the bank ^
® changes in the character of soil ^
^ shel~ring ^
^ vegetation matted down, bent, or absent
® leaf litter disturbed. or washed. away
® sediment deposition ^
^ water staining ^
^ other (list}:
^ Discontinuous OHWM? Explain:
If factors other than the OHWM were used to detenn
^ 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):
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
ne lateral extent of CWA jurisdiction (check all that apply)
Mean High TVater Mark indicated by:
^ survey to available datum;
^ physical markings;
^ vegetation lines/changes in vegetation types.
{iii} Chenucal Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain: Clettr.
Identify specific pollutants, if known: NA.
~A natural or man-made disconfinuity in the OI-ItiVM 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 OIIWM thatis 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 flaw above and below the break.
Ibid.

(iv} Biological Characteristics. Channel supports (check all that apply):
® Riparian comdor. Characteristics (type, average width): 30' buffer surrounding area- clear cut.
^ Wetland fringe. Characteristics:
® Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
® Other environmentally-sensitive species. Explain findings: Amphibians.
® Aquaticlwildlife diversity. Explain findings: Macrbenthos and other wildlife usage.
2. Characteristics of wetlands adjacent to non-TNjV 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 bermlbarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are, Pick List river miles from TN~V.
Project waters are Pick List aexial (straight) pules from TNW.
Flow is from: Pick List.
Estimate approximate. location of wetland as within the. Pick List floodplain.
(ii} Chemical Characteristics:
Characterize wetland system {e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii} Biological Characteristics. Wetland supports (check all that apply}:
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
.Sll wetland{s}being considered in the cumulative analysis: Pick List
Approximately { )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N} Size tin acres} Directly abuts? (Y/N} Size tin acres)
Summarize overall biological, chemical and physical firncflons being performed:
C. SIGNIFICANT NEXL?S 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 chenucal, 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 flaw
of «•ater 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 Uiresliold of distance {e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Sinularly, 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 Raparaos 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 reazing young for species that aze present in the TNW?
• Does the tributazy, 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 far 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 flnclings 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 tributazy in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT jVATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNT~Vs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: lineaz feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPZVs 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: Visual observation.
^ 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: 2,077 linear feet 12-15width (ft).
^ Other non-wetland. waters: acres.
Identify types} of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
^ ~Vaterbody 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 types} of waters:
4. «'etlandsclirectly abutting an RPZV" that flow directly or indirectly into TNt~'s.
^ Wetlands directly abut RPW and. thus are jursdctional as adjacent wetlands.
^ WetlancLs directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating t11at tributary is perennial in Section IILD.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:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. jM1'etlands adjacent to but not directly abutting an RPyV that flow directly or indirectly into TNj'~'s.
^ 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 sigrficant 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.
ti. S'4'etlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
^ Wetlands adjacent to such waters, andhave 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 juriscctional. Data. supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional watets.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 corrunerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLLIDING ISOLATED tiVETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE CONINIERCE, INCLLIDING ANY
SLICH V4'ATERS (CHECK ALL THAT APPLY):r0
^ which are or could be used by interstate or foreib 1 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.b of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely nn this category, Corps Districts rovill elevate the action tt~ Carps and EPA HQ for
review consistent with the process described in the CorpsIEPA Dlerrtorarrrlurri Regarding CWA Art Jurisdirtion Fallowing Ralrartos.

Provide estimates for jurisdictional waters in the review azea {check all that apply):
^ Tributary waters: linear feet width {ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
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
LVetland Delineation Manual ancUor appropriate Regional Supplements.
^ Revie~~~ area included isolated waters ti~~ith 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): lineaz feet, width (ft}.
^ Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquafic resource:
^ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviev~~ed 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 snap(s). Cite scale R quad name:
^ USDA Natural Resources Conservation Service Soil Survey. Citation:
^ National wetlands inventory map(s). Cite name:
^ State/Local wetland. inventory map(s):
^ FEMA/FIRM ma13s:
^ 100-year Floodplain Elevation is: (National Geodsctic Vertical Datum of 1429)
® Photographs: ^ .Aerial (Name ~ Date):
or ®Other (Name & Date):Site #34.
^ Previous determination(s). File no. and date of response letter:
^ -Applicable/supporting case law:
^ Applicablelsupportingscsentific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

APPROVED JURISDICTIONAL DETERMINATION FOR147
LT.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION {JD}: 1llOll07
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: (2ueens Gap Site #35
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish borough: Rutherford City: Thermal City
Center coordinates of site (laUlong in degree decimal format}: Lat. 35 32' 6.78"° N, Long. 82 03' 20.63"° W.
Universal Transverse Mercator:
Name of nearest waterbody: Old Boney Creek
Name of nearest Traditional Navigable Water {TN~V) lnto which the aquatic resource flows: Broad River
Name of watershed or Hydrologic Unit Code {HUC}: 03050105
® Check if mapldiagram of review area andlor 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) Detemunation. Date:
® Field Determination. Date{s}: August 7, 2007
SECTION II: SUIbINLARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable water's 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. CV4~A SECTION 444 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." tivithin Clean Water Act {CWA) jurisdiction (as defined by 33 CFR part 328) in the re~~ie~v area. [Re~~uired]
Waters of the U.S.
a. Indicate presence of waters of LT.S, in review area (check all that apply}: i
^ TNWs, including temtorial 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
^ Letlands 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 LT.S. in the review area:
Non-wetland. waters: 1,682 linear feet: 6 width (ft) and/or 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):3
^ Potentially jurisdictional waters andlor 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 Far' purposes of this form, an RPW is defined as a tributary thatis not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentafion is presented in Secfion IILF.

SECTION III: CWA ANALYSIS
A. TNGVs AND WETLANDS ADJACENT TO TNT's
The agencies will assert jurisdiction over TNLVs 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:
Summarize rationale supporting determination:
2. S'4'etlandadjacent to TNSV
Sununarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (T1LAT IS NOT A TN4V) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, ifany, and it helps
determine whether or not the standards for jurisdiction established under Rapanasliave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN`Vs where the tributaries are "relatively permanent
rvateis" (RPWs}, i.e. tributaries that typically flaw year-round ar have continuous flaw at least seasonally (e.g., typically 3
months}. A 4vetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNSV, but has year-round
(perennial) flow, ship to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flaw,
skip to Section III.D.d.
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 rvaterbocly4 is not an RPW, or a rvetiancl directly abutting an RPSV, a JD mill require additional data to deternne if the
waterbody has a significant nexus with a TNZV. If tiie tributary has adjacent wetlands, tiie significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, Are tributary and all of its adjacent wetlands is used rvhetlier the rerierv area identified in the JD requestis
the tributary, or its adjacent wetlands, or both. If the JD covers a tributazy rr~th adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. Tlie determination whether a significant nexus exists is determined in Section III.C, below.
1. Characteristics of non-TN~Vs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 30acres
Drainage area: 30 acres
Average annual rainfall: 50.34 inches
Average annual snowfall: 5.6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
® Tributary flows through 4 tributaries before entering TNW.
Project waters are 15-20 river pules from TNW.
Identify flow route to TNWS: UT-Old Boney Creek-Stone Creek-Cove Creek-to Broad River.
Tributary stream order, if known: First.
Project waters are 1(or less} river miles from RPW.
Project waters are 5-14 aerial (straight) miles from TNW.
Project waters are 1 {or less} aerial (straight) Holes from RPW.
Project craters cross or serve as state boundaries. Etpl<ain:
~ Note that the Instructional Guidebook cont2ins 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 t}uough 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 tivith respect to top of bank (estimate):
Average width: 6 feet
Average depth: 1 feet
Average side slopes: 2:1.
Primary tributary substrate composition (check all that apply}:
® Silts ^ Sands ^ Concrete
^ Cobbles ®Gravel ^ Muck
^ Bedrock ^ Vegetation. Type/% cover:
^ Other. Explain:
Tributary condition/staL,ility [e.g., highly eroding, sloughing banks]. Explain: banks stable.
Presence of nrnlrifflelpool comple_te,s. Explain:
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 4-5 %
{c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flo~~~ events in review azea/yeaz: 6-10
Describe flow regime:
Other information on duration and volume:
Surface flow is:
Characteristics:
Subsurface flow: Unknown. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed andbanks
® OH~V Mb (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 OH~VM ~ Explain:
^ the presence of fitter 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 tVater 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 tributayy (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.}.
Explain: water is cleaz, silted in.
Identify specific pollutants, if known: NA.
~A natural or man-made disconfinuity in the OI-ItiVM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OIIyVM has been removed by development or agricultural practices). Where there is a break in the OIIWM thatis 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 flaw above and below the break.
Ibid.

(iv} Biological Characteristics. Channel supports (check all that apply):
® Riparian comdor. Characteristics (type, average width}:
^ Wetland fringe. Characteristics:
® Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
® Other environmentally-sensitive species. Explain findings: Amphibians.
® Aquaticlwildlife diversity. Explain findings: Macrbenthos and other wildlife usage.
2. Characteristics of wetlands adjacent to non-TNjV 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 bermlbarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are, Pick List river miles from TN~V.
Project waters are Pick List aexial (straight) pules from TNW.
Flow is from: Pick List.
Estimate approximate. location of wetland as within the. Pick List floodplain.
(ii} Chemical Characteristics:
Characterize wetland system {e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii} Biological Characteristics. Wetland supports (check all that apply}:
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
.Sll wetland{s}being considered in the cumulative analysis: Pick List
Approximately { )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N} Size tin acres} Directly abuts? (Y/N} Size tin acres)
Summarize overall biological, chemical and physical functons being performed:
C. SIGNIFICANT NEXL?S 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 chenucal, 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 flaw
of «•ater 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 Uiresliold of distance {e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Sinularly, 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 Raparaos 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 reazing young for species that aze present in the TNW?
• Does the tributazy, 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 far 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 flnclings 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 tributazy in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT jVATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNT~Vs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: lineaz feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPZVs 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: current flow, bed and bank, substrate sorting.
^ 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: 1,b82 linear feet 6 width {ft}.
^ Other non-wetland. waters: acres.
Identify types} of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
^ ~Vaterbody 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 types} of waters:
4. «'etlandsclirectly abutting an RPZV" that flow directly or indirectly into TNt~'s.
^ Wetlands directly abut RPW and. thus are juriscctional as adjacent wetlands.
^ WetlancLs directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating t11at tributary is perennial in Section IILD.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:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. jM1'etlands adjacent to but not directly abutting an RPyV that flow directly or indirectly into TNj'~'s.
^ 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 sigrficant 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.
ti. S'4'etlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
^ Wetlands adjacent to such waters, andhave 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 juriscctional. Data. supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional watets.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 corrunerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLLIDING ISOLATED tiVETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE CONINIERCE, INCLLIDING ANY
SLICH V4'ATERS (CHECK ALL THAT APPLY):r0
^ which are or could be used by interstate or foreib 1 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.b of the Instructional Guidebook.
10 Prinr to asserting or declining CWA jurisdiction based solely nn this category, Corps Districts rovill elevate the action tt~ Carps and EPA HQ for
review consistent with the process described in the CorpsIEPA Dlerrtorarrrlurri Regarding CWA Art Jurisdirtion Fallowing Ralrartos.

Provide estimates for jurisdictional waters in the review azea {check all that apply):
^ Tributary waters: linear feet width {ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
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
LVetland Delineation Manual ancUor appropriate Regional Supplements.
^ Revie~~~ area included isolated waters ti~~ith 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): lineaz feet, width (ft}.
^ Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquafic resource:
^ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviev~~ed 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 snap(s). Cite scale R quad name:
^ USDA Natural Resources Conservation Service Soil Survey. Citation:
^ National wetlands inventory map(s). Cite name:
^ State/Local wetland. inventory map(s):
^ FEMA/FIRM ma13s:
^ 100-year Floodplain Elevation is: (National Geodsctic Vertical Datum of 1429)
® Photographs: ^ .Aerial (Name ~ Date):
or ®Other (Name & Date):Site #35.
^ Previous determination(s). File no. and date of response letter:
^ -Applicable/supporting case law:
^ Applicablelsupportingscsentific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

APPROVED JURISDICTIONAL DETERMINATION FOR147
LT.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION {JD}: 1llOll07
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: (2ueens Gap Site #3ti
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish borough: Rutherford City: Thermal City
Center coordinates of site (laUlong in degree decimal format}: Lat. 35 32' 9.88"° N, Long. 82 03' 10.67"° W.
Universal Transverse Mercator:
Name of nearest waterbody: Old Boney Creek
Name of nearest Traditional Navigable Water {TN~V) lnto which the aquatic resource flows: Broad River.
Name of watershed or Hydrologic Unit Code {HUC}: 03050105
® Check if mapldiagram of review area andlor 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) Detemunation. Date:
® Field Determination. Date{s}: August 8, 2007
SECTION II: SUIbINLARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Appear to be no "navigable water's 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. CV4~A SECTION 444 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." tivithin Clean Water Act {CWA) jurisdiction (as defined by 33 CFR part 328) in the re~~ie~v area. [Re~~uired]
Waters of the U.S.
a. Indicate presence of waters of LT.S, in review area (check all that apply}: i
^ TNWs, including temtorial 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
^ Letlands 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 LT.S. in the review area:
Non-wetland. waters: 1,682 linear feet: 2. width (ft) and/or 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):3
^ Potentially jurisdictional waters andlor 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 Far' purposes of this form, an RPW is defined as a tributary thatis not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentafion is presented in Secfion IILF.

SECTION III: CWA ANALYSIS
A. TNGVs AND WETLANDS ADJACENT TO TNT's
The agencies will assert jurisdiction over TNLVs 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:
Summarize rationale supporting determination:
2. S'4'etlandadjacent to TNSV
Sununarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (T1LAT IS NOT A TN4V) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, ifany, and it helps
determine whether or not the standards for jurisdiction established under Rapanasliave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TN`Vs where the tributaries are "relatively permanent
rvateis" (RPWs}, i.e. tributaries that typically flaw year-round ar have continuous flaw at least seasonally (e.g., typically 3
months}. A 4vetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNSV, but has year-round
(perennial) flow, ship to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flaw,
skip to Section III.D.d.
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 rvaterbocly4 is not an RPW, or a rvetiancl directly abutting an RPSV, a JD mill require additional data to deternne if the
waterbody has a significant nexus with a TNZV. If tiie tributary has adjacent wetlands, tiie significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, Are tributary and all of its adjacent wetlands is used rvhetlier the rerierv area identified in the JD requestis
the tributary, or its adjacent wetlands, or both. If the JD covers a tributazy rr~th adjacent wetlands, complete Section IILB.1 for
the tributary, Section IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. Tlie determination whether a significant nexus exists is determined in Section III.C, below.
1. Characteristics of non-TN~Vs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 16acres
Drainage area: 16 acres
Average annual rainfall: 50.34 inches
Average annual snowfall: 5.6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
® Tributary flows through 4 tributaries before entering TNW.
Project waters are 16-15 river pules from TNW.
Identify flow route to TNWS: UT-Old Boney Creek-Stone Creek-Cove Creek-to Broad River.
Tributary stream order, if known: First.
Project waters are 1(or less} river miles from RPW.
Project waters are 5-14 aerial (straight) miles from TNW.
Project waters are 1 {or less} aerial (straight) Holes from RPW.
Project craters cross or serve as state boundaries. Etpl<ain:
~ Note that the Instructional Guidebook cont2ins 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 t}uough 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: 2 feet
Average depth: 5 feet
Average side slopes: 2:1.
Primary tributary substrate composition (check all that apply}:
^ Silts ®Sands ^ Concrete
^ Cobbles ®Gravel ^ Muck
^ Bedrock ^ Vegetation. Type/% cover:
^ Other. Explain:
Tributary condition/staL,ility [e.g., highly eroding, sloughing banks]. Explain: silted in.
Presence of nrnlrifflelpool comple_te,s. Explain:
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 4-10 %
{c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flo~~~ events in review area year: 6-10
Describe flow regime:
Other information on duration and volume:
Surface flow is:
Characteristics:
Subsurface flow: Unknown. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed andbanks
^ OH~V Mb (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 OH~VM ~ Explain:
^ the presence of fitter 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 tVater 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: H2O level: trickle- low.
Identify specific pollutants, if known: NA.
~A natural or man-made disconfinuity in the OI-IwM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OIIyVM has been removed by development or agricultural practices). Where there is a break in the OIIWM thatis 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 flaw above and below the break.
Ibid.

(iv} Biological Characteristics. Channel supports (check all that apply):
® Riparian comdor. Characteristics (type, average width}:
^ Wetland fringe. Characteristics:
® Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
® Other environmentally-sensifive species. Explain findings: Amphibians.
® Aquaticlwildlife diversity. Explain findings: Macrobenthos and oilier wildlife usage.
2. Characteristics of wetlands adjacent to non-TNjV 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 bermlbarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are, Pick List river miles from TN~V.
Project waters are Pick List aexial (straight) pules from TNW.
Flow is from: Pick List.
Estimate approximate. location of wetland as within the. Pick List floodplain.
(ii} Chemical Characteristics:
Characterize wetland system {e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii} Biological Characteristics. Wetland supports (check all that apply}:
^ Riparian buffer. Characteristics (type, average width):
^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
.Sll wetland{s}being considered in the cumulative analysis: Pick List
Approximately { )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N} Size tin acres} Directly abuts? (Y/N} Size tin acres)
Summarize overall biological, chemical and physical firncflons being performed:
C. SIGNIFICANT NEXL?S 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 chenucal, 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 flaw
of «•ater 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 Uiresliold of distance {e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Sinularly, 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 Raparaos 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 reazing young for species that aze present in the TNW?
• Does the tributazy, 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 far 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 flnclings 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 tributazy in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT jVATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNT~Vs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: lineaz feet width (ft), Or, acres.
^ Wetlands adjacent to TNWs: acres.
2. RPZVs 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: Visual observation.
^ 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: 1,b82 linear feet 2 width {ft}.
^ Other non-wetland. waters: acres.
Identify types} of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
^ ~Vaterbody 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 types} of waters:
4. «'etlandsclirectly abutting an RPZV" that flow directly or indirectly into TNt~'s.
^ Wetlands directly abut RPW and. thus are juriscctional as adjacent wetlands.
^ WetlancLs directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating t11at tributary is perennial in Section IILD.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:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. jM1'etlands adjacent to but not directly abutting an RPyV that flow directly or indirectly into TNj'~'s.
^ 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 sigrficant 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.
ti. S'4'etlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
^ Wetlands adjacent to such waters, andhave 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 juriscctional. Data. supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional watets.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 corrunerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLLIDING ISOLATED tiVETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE CONINIERCE, INCLLIDING ANY
SLICH V4'ATERS (CHECK ALL THAT APPLY):r0
^ which are or could be used by interstate or foreib 1 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.b of the Instructional Guidebook.
10 Prinr to asserting or declining CWA jurisdiction based solely nn this category, Corps Districts rovill elevate the action tt~ Carps and EPA HQ for
review consistent with the process described in the CorpsIEPA Dlerrtorarrrlurri Regarding CWA Art Jurisdirtion Fallowing Ralrartos.

Provide estimates for jurisdictional waters in the review azea {check all that apply):
^ Tributary waters: linear feet width {ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
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
LVetland Delineation Manual ancUor appropriate Regional Supplements.
^ Revie~~~ area included isolated waters ti~~ith 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): lineaz feet, width (ft}.
^ Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquafic resource:
^ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviev~~ed 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 snap(s). Cite scale R quad name:
^ USDA Natural Resources Conservation Service Soil Survey. Citation:
^ National wetlands inventory map(s). Cite name:
^ State/Local wetland. inventory map(s):
^ FEMA/FIRM ma13s:
^ 100-year Floodplain Elevation is: (National Geodsctic Vertical Datum of 1429)
® Photographs: ^ .Aerial (Name ~ Date):
or ®Other (Name & Date):Site #35.
^ Previous determination(s). File no. and date of response letter:
^ -Applicable/supporting case law:
^ Applicablelsupportingscsentific literature:
^ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD: