20090677 Ver 1_401 Application_20090609

Letter of Transmittal
S&ME, Inc. *S&ME
9751 Southern Pine Blvd.
Charlotte, NC 28273
[phone]
[phone] fax
N.C. Division of Water Qualit
401 Wetlands Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina, 27604-2260
WE ARE SENDING YOU: ® Attached
? Shop drawings ? Prints
® Copy of letter ? Report
DATE: June 8, 2009 1 JOB NO: 1357-09-001
ATTENTION: Ms. Cyndi Karoly
RE: NWP No. 12 - PNG Line 41 L Tarboro
? Under separate cover via
? Plans ? Draft
- the following items:
? Specifications
COPIES DATE NO DESCRIPTION
5 6-8-09 1 WQC/Nationwide Permit No. 12 Application Package
1 5-29-09 2 Check for $240.00 WQC Processing Fee

UU V
JUN 0 9 2009
THESE ARE TRANSMITTED AS CHECKED BELOW: DENR-WATER QUALITY
® For approval ? For your use WETLANDS ANDSTORMWATER811 IG1
? As requested ? For review and comment ?
? FORBIDS DUE: ? PRINTS RETURNED AFTER LOAN TO US
REMARKS: Attached please find the above. Please let Catherine or I know if you have questions Thank you
-Suzanne Knudsen
SIGN:
COPY TO: File, USACE, Mara Sikora-PNG
IF ENCLOSURES ARE NOT AS NOTED, PLEASE NOTIFY US AT ONCE.
This Letter of Transmittal and the documents accompanying this Letter of Transmittal contain information from S&ME, Inc., which is confidential and legally
privileged. The information is intended only for use of the individual or entity named on this Letter of Transmittal. If you are not the intended recipient, you
are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on these documents is strictly prohibited.
S&ME SFG-001
(Rev. 04/04)
#S&ME
June 8, 2009
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Attention: Mr. Thomas Brown
N.C. Division of Water Quality
401 Wetlands Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604-2260
Attention: Ms. Cyndi Karoly
Reference: Application for Nationwide Permit No. 12 and
Request for Jurisdictional Determination
Piedmont..Natural Gas Line 41 L Tarboro
Edgecombe County, North Carolina
S&ME Project No. 1357-09-001
Dear Mr. Brown and Ms. Karoly:
S&ME, Inc. (S&ME) is submitting this application for impacts to waters of the U.S.,
including wetlands, in accordance with Department of the Army Nationwide Permit
(NWP) No. 12, along with supporting documentation for a verification of jurisdictional
boundaries. S&ME has been retained by Piedmont Natural Gas (PNG), the applicant for
the proposed project, to provide services related to acquisition of the NWP and
corresponding North Carolina Water Quality Certification (WQC) pursuant to the Clean
Water Act. The project will involve the installation of approximately four miles of a six-
inch diameter natural gas pipeline in Edgecombe County, North Carolina. In support of
this NWP No. 12 application please find enclosed the following:
• Appendix I: Agent Authorization Form and Pre-Construction Notification (PCN);
• Appendix II: Figures - Site Vicinity Map (Figure 1), USGS Topographic Map
(Figure 2), 2008 Aerial Photograph (Figure 3), USDA County Soil Survey (Figure
4), Typical Wetland and Stream Crossings (Figures 5A and 513);
• Appendix III: Jurisdictional Waters of the U.S. Impact Plan Sheets 1 through 18;
• Appendix IV: Site Photographs;
• Appendix V: Approved Jurisdictional Determination Forms;
• Appendix VI: Wetland Determination Data Forms-Atlantic and Gulf Coastal
Plain Region, U.S. Army Corps of Engineers (USACE) Stream Quality
S&ME, INC. / 9751 Southern Pine Boulevard / Charlotte, NC 28273-5560 / p 704.523.4726 f 704.525.3953 / www.smeinc.com
Nationwide Permit No. 1 2/Request for Jurisdictional Determination SWE Project No. 1357-09-001
Approximately Four-Mile Natural Gas Pipeline 41 L June 8 2009
Assessment Worksheets, N.C. Division of Water Quality (DWQ) Stream
Identification Forms;
• Appendix VII: Agency Correspondence;
• Appendix VIII: Tar-Pamlico Buffer Mitigation Correspondence;
• Appendix IX: Restoration Plan; and
• Check for $240 (DWQ).
Copies of this PCN, along with a check for the processing fee, are being provided to
DWQ for written concurrence because the proposed project does not meet Condition No.
4 as specified by WQC 3374. Specifically, the proposed natural gas pipeline will cross
five streams (Stream 1, Stream 2, Stream 4 - Cokey Swamp, Stream 5 - Millpond
Branch, and Stream 6) within the project corridor at a less than near-perpendicular angle.
The proposed 20-foot pipeline will parallel and abut an existing 30-foot PNG natural gas
pipeline easement, resulting in five unavoidable non-perpendicular stream crossings. In
addition, the proposed project will require mitigation for unavoidable impacts to the Tar-
Pamlico buffer associated with non-perpendicular crossings of streams subject to the
buffer rules. Streams subject to the Tar-Pamlico buffer rules were determined in the field
by Mr. Martin Richmond with DWQ on March 19, 2009.
BACKGROUND INFORMATION
The proposed pipeline is a system strengthening project that will improve service to
existing customers by creating an approximately four-mile loop with a portion of the
existing pipeline. The existing pipeline lacks adequate pressure during peak periods.
The project will involve construction of approximately four miles of a six-inch diameter
natural gas pipeline that will parallel an existing four-inch natural gas pipeline. The
proposed pipeline corridor will require additional clearing of 20 feet and will parallel the
existing 30-foot pipeline corridor for a permanent easement width of 50 feet. The
existing easement will be utilized for construction access and materials storage during
installation of the proposed pipeline. The project corridor is located wholly in the Tar-
Pamlico River Basin and is subject to 15A NCAC 0213.0259 Tar-Pamlico River Basin:
Nutrient Sensitive Waters Management Strategy: Protection and Maintenance of Existing
Riparian Buffers.
The origin of the proposed pipeline is at a tap approximately 0.75 mile east of the N.C.
Highway 43 North and Bulluck School Road intersection (35.87742°N, 77.7274°W);
from there it extends east for approximately four miles to its terminus at a tap east of
Harts Mill Run Road (35.88491 °N, 77.64745°W). The location of the corridor is
depicted on the Site Vicinity Map (Figure 1), the appropriate portions of. the Pinetops,
N.C (1980) and Heartsease, N.C. (1981) USGS Topographic Maps (Figure 2), the 2008
Aerial Photograph (Figure 3) and the USDA County Soil Survey (Figure 4); which are
included in Appendix II.
The proposed project will involve I 1 crossings of five jurisdictional wetlands and six
crossings of jurisdictional streams (tributaries). Permanent project-wide wetland
impacts are limited to the conversion of 0.287 acre of four forested wetlands to
emergent wetlands as consequence of clearing the proposed 20-foot easement.
Temporary project-wide stream impacts are to RPW with seasonal and year-round
Nationwide Permit No. 1 2/Request for Jurisdictional Determination SBME Project No. 1357-09-001
Approximately Four-Mile Natural Gas Pipeline 41 L June 8, 2009
flow, and are limited to 240 linear feet (lf) associated with temporary bank
disturbance and placement of coir matting. The proposed project will not result in
permanent stream impacts.
FIELD OBSERVATIONS
On February 19 and 20, 2009, Mr. Joey Lawler and Ms. Suzanne Knudsen, S&ME
wetland professionals, visited the project corridor and conducted a jurisdictional
delineation to determine the location of waters of the U.S., including wetlands. The 50-
foot project corridor included both the existing and proposed easements. The delineation
was conducted utilizing currently accepted methods for wetland determination, as set
forth in the 1987 Corps of Engineers Wetlands Delineation Manual, which states that
under normal circumstances, an area must demonstrate the presence of three components
to be considered jurisdictional: 1) hydrophytic vegetation, 2) hydric soils, and 3) wetland
hydrology. In addition, the Interim Regional Supplement to the Corps of Engineers
Wetlands Delineation Manual: Atlantic and Gulf Coastal Plain Region, dated October
2008, was utilized to identify wetland characteristics specific to the Atlantic Coastal Plain
Region. Furthermore, stream assessments, when necessary, were conducted in
accordance with DWQ and USACE guidelines.
Field review identified five jurisdictional wetlands (Wetlands A through E - Table 1) and
six jurisdictional streams (Streams l through 6 - Table 2) within the project corridor.
Figures 2 through 4 depict jurisdictional areas delineated within the project corridor.
Approved Jurisdictional Determination forms were prepared and are incorporated with
this PCN for USACE verification (Appendix V). DWQ Stream Identification Forms,
USACE Stream Quality Assessment Worksheets, and Wetland Determination Data
Forms-Atlantic and Gulf Coastal Plain Region are included in Appendix VI.
Jurisdictional streams and non jurisdictional channels identified along the project
corridor were field-verified by Mr. Martin Richmond of DWQ on March 19, 2009.
Table 1: Wetlands Delineated within Proiect Corridor

Wetland ID Area within Project

Corridor (Acre) z
Wetland Type
`Latitude/Longitude
A 0.185 Forested and emergent 2 35.87799°N, -77.7221 °W
B 0.122 Forested and emergent 2 35.88054°N, -77.6852°W

C
2.102 Forested, scrub-shrub, and
2
35.88101 °N
-77.6772°W
emergent ,
D 0.184 Forested and emergent 2 35.88131 °N, -77.6694°W
E 0.016 Emergent 35.88202°N, -77.6628°W
' Area calculated based on corridor width of 40 feet. 2 Emergent portion located in existing 30-foot maintained
easement.
3
Nationwide Permit No. 1 2/Request for Jurisdictional Determination S&ME Project No. 1357-09-001
Approximately Four-Mile Natural Gas Pipeline 41 L June 8, 2009
Table 2: Streams Delineated within Project Corridor'

Stream ID Length within Project z
Stream Type
Latitude/Longitude
Corridor (If)
1 UT3 40 Intermittent/R W-seasonal 35.87842°N, -77.7173°W
flow
2 UT 40 Perennial/Rfl W year round 35.87992°N
-77.69649°W
,
3 (Cabin 40 Perennial/RPW-year round 35.88054°N
-77.6852°W
Branch) flow ,
4 (Cokey 40 Perennial/RPW-year round 35.88101 °N
-77.6772°W
Swamp) flow ,
5 (Millpond 40 Perennial/RPW-year round 35.88131 °N
-77.6694°W
Branch) flow ,
6 UT 40 Intermittent/R
P
W-seasonal 35.88469°N
-77.65031 °W
o
/ ,
' Length calculated based on condor width of 40 feet. 2 Stream types verified by Mr. Martin Richmond with DWQ
on March 19, 2009. 3 Unnamed tributary.
Representative photographs of the project corridor are attached (Appendix IV). The
project corridor extends through cotton, peanut, corn, and soybean fields, woodland, and
planted pine saplings of loblolly pine (Pinus taeda).
Canopy species observed within the woodland areas along the study corridor included red
maple (Acer rubrum), tulip tree (Liriodendron tulipifera), sweetgum (Liquidambar
styracif ua), black gum (Nyssa sylvatica), American holly (Ilex opaca), and black cherry
(Prunus serotina). Sub-canopy species consisted of American holly, red maple, southern
bayberry (Myrica cerifera), and coast pepperbush (Clethra alnifolia). The ground layer
consisted of giant cane (Arundaria gigantea), bracken fern (Pteridium aquilinum), broom
sedge (Andropogon virginicus), greenbrier (Smilax sp.), multiflora rose (Rosa multiora),
Japanese honeysuckle (Lonicera japonica), and garlic (Allium sp.).
PROPOSED PROJECT IMPACTS
Five wetlands (A through E) and six jurisdictional streams (1 through 6) are located
within the project corridor (Jurisdictional Waters of the U.S. Impact Plan Sheets l
through 18, Appendix III). In jurisdictional waters of the U.S., the construction corridor
will not exceed 40 feet. Typical wetland and stream crossing details are attached (Figures
5A and 513, Appendix II).
Clearing and maintaining of the project corridor will result in permanent impacts to four
wetlands due to conversion of vegetation type forested to emergent. Affected wetland
areas will be subject to the Restoration Plan (Appendix IX). Table 3 below outlines the
proposed temporary and permanent wetland impacts. The proposed pipeline crosses
Wetland A in four areas (Wetland A1, A2, A3, and A4) and Wetland C in four areas
(Wetland Cl, C2, C3, and C4). Wetlands C2 through C4 will be directionally-bored.
Nationwide Permit No.12/Request for Jurisdictional Determination SWE Project No. 1357-09-001
Approximately Four-Mile Natural Gas Pipeline 41 L June 8, 2009
Table 3: Project-wide Wetland Impacts'
Wetland
-
ID Wetland

Subsection Permanent

Impact2
acre Temporary

Impacta
acre

Sheet No. (Appendix III)
Al 0.010 0.006 2

A A2 0.024 0.023 3
A3 0.049 0.049 4
A4 0.012 0.012 5
B 0.065 0.057 8
C1 0.030 0.020 9

C C2#
C3$ 0 1.103 10 - 15
C4#
D 0.097 0.087 16
E 0 0.016 17
Total: 0.287 1.373
'Calculated based on a 40-foot construction corridor comprised of a 20-foot existing maintained corridor and
clearing of an additional 20-foot corridor. 2 Permanent conversion of forested wetlands to emergent.
3Temporary impacts associated with land disturbance in emergent wetlands. $ 0.949 acre will
be directionally-bored and hand-cleared, no permanent impacts.
Table 4 outlines proposed temporary impacts to six streams. Temporary impacts are
associated with a 40-foot construction corridor comprised of a 20-foot existing
maintained corridor and clearing of an additional 20-foot proposed corridor. The pipeline
will be installed using open-cut methods, except for Stream 4 (Cokey Swamp) which will
be directionally-bored. Open-cut method will involve digging a trench with an average
four-foot width for most of the corridor length, but may increase to 20 feet before road
crossings. Joints of the pipeline will be welded and the pipe will be lowered into the
trench. Excavated areas will be backfilled and returned to their pre-construction
contours. Through placement of coir matting within affected stream beds and banks and
implementation of the Restoration Plan (Appendix IX), permanent impacts will be avoided.
Nationwide Permit No. 1 2/Request for Jurisdictional Determination S&ME Project No. 1357-09-001
Approximately Four-Mile Natural Gas Pipeline 41L June 8. 2009
Table 4: Project-wide Stream Impacts
Stream ID Stream Type Temporary Impact (IQ Sheet No. (Appendix 111)
1 UT RPW Seasonal Flow 40 6
2 UT Perennial 40 7
3 (Cabin Branch) Perennial 40 8
4 (Cokey Swamp)z Perennial 40 11
5 (Millpond Branch) Perennial 40 16
6 UT RPW Seasonal Flow 40 18
Total: 240
Temporary impact due to bank disturbance and vegetation removal to facilitate construction
associated with crossing. Disturbed banks will be matted, reseeded, and restored to pre-construction
contours once construction is completed. 2 Stream 4, Cokey Swamp, will be directionally-bored; temporary
impact is associated with a temporary stream crossing to facilitate construction.
The locations of jurisdictional areas are depicted on Figures 2 through 4, Appendix II and
Sheets 1 through 18, Appendix III.
PROTECTED SPECIES AND CULTURAL RESOURCES
S&ME forwarded scoping letters to the North Carolina. Natural Heritage Program
(NCNHP) and the U.S. Fish & Wildlife Service (USFWS) on February 23, 2009
(Appendix VII). The scoping letters included a description of the proposed work, figures
detailing the location of the project corridor, and a request for comments regarding
concerns that the respective agencies may have. On February 27, 2009, the NCNHP
responded stating they have no records of rare species or conservation/managed areas
within the project corridor or within one mile. NCNHP also mentioned Cokey Swamp as
a regionally significant natural area and recommend minimal clearing of trees (Appendix
VII).
On March 9, 2009, the USFWS responded stating that the proposed project is not likely
to adversely affect federally-protected endangered or threatened species identified for
Edgecombe County and that the requirements of Section 7 of the Endangered Species Act
have been fulfilled (Appendix VII). In addition, the USFWS expressed concerns
regarding impacts to aquatic resources associated with construction of the proposed
project and recommended practicable implementation of directional boring methods and
stringent sediment and erosion control measures, as well as maintenance of vegetated
buffers.
S&ME's review of potential protected species habitat within the study corridor entailed a
literature review of existing records obtained from federal and state sources to identify
documented records of protected species. The USFWS list of federally-protected species
(updated May 10, 2007) was consulted for a listing of protected species documented
within Edgecombe County, North Carolina. This review identified two animals, as
presented with their federal rank in Table 5. Explanations of rankings are included at the
end of the table.
Nationwide Permit No. 1 2/Request for Jurisdictional Determination SWE Project No. 1357-09-001
Approximately Four-Mile Natural Gas Pipeline 41L June 8. 2009
Table 5: Federally-Protected Species Summary for Edgecombe County

Species Federal
Rank' County
Status Preferred Habitat Habitat
Present
Picoides borealis open stands of pine containing trees
E Historic 60 years old and older for breeding No
Red-cockaded woodpecker and 30 years or older for foraging
Elliptio steinstansana silt-free, non-compacted gravel
E Current and/or coarse sand in fast-flowing, No
Tar River spineymussel well-oxygenated stream reaches
E = Endangered
As part of the literature review, S&ME also consulted the NCNHP GIS database and
Virtual Workroom for a listing of element occurrences (EO) of endangered or threatened
species within or near the project corridor. This review did not reveal EOs pertaining to
federally-protected species.
On February 19 and 20, 2009, S&ME personnel conducted a field review of the study
corridor. The field review entailed a pedestrian survey of potential habitat to verify the
presence or absence of protected species. During field reconnaissance, S&ME personnel
integrated the information obtained from supporting documentation with field evaluation
for the presence of federally-listed protected species and/or their potential habitat. The
study corridor consists of agricultural fields, wooded areas, and planted pine saplings and
did not reveal preferred habitat types for the federally-listed species identified in Table 5.
Cultural Resources
S&ME provided a scoping letter to the North Carolina State Historic Preservation Office
(SHPO) on February 23, 2009. SHPO responded with a March 20, 2009 letter stating
that they were aware of no historic resources which would be affected by the project. A
copy of the SHPO letter is included in Appendix VII.
AVOIDANCE AND MINIMIZATION
PNG has designed the proposed project to avoid and minimize impacts to waters of the
U.S. to the extent practical. The proposed 20-foot maintained project corrdior will
parallel an existing 30-foot maintained natural gas pipeline easement. Through use of the
existing easement for construction access and temporary material storage, impacts to
waters of the U.S. will be avoided and minimized by eliminating the need for additional
clearing for access roads and temporary construction easements. The pipeline along
Stream 4 (Cokey Swamp) and Wetlands C2 through C4 will be directionally-bored and
vegetation will be hand-cleared to avoid 0.949 acre of permanent wetland impacts.
Upon completion of land disturbance, original grades and contours will be restored in
wetland areas and at stream crossings. After construction, a Restoration Plan (Appendix
IX) will be implemented that will involve use of a native seed mix to restore wetland and
stream impact areas after construction. Through placement of coir matting and
implementation of the Restoration Plan, permanent impacts to streams are not
anticipated.
Nationwide Permit No. 1 2/Request for Jurisdictional Determination SWE Project No. 1357-09-001
Approximately Four-Mile Natural Gas Pipeline 41L June 8 2009
The project, as proposed, does not meet DWQ's condition regarding near perpendicular
stream crossings at four locations within the project corridor. With the exception of
Cabin Branch (Stream 3), the proposed alignment will not cross streams at a near
perpendicular angle. Since the proposed pipeline will parallel the existing pipeline, near
perpendicular stream crossings could not be incorporated into the project design.
The following avoidance and minimization measures were employed during the design
phase of the proposed project:
Proposed pipeline placed south of the existing corridor will:
o Minimize impacts to Wetland A.
o Minimize impacts to Wetland E.
o Avoid a perennial stream and its associated Tar-Pamlico Buffer.
o Avoid perennial portion of Stream 6.
Stream 4 (Cokey Swamp) will be directionally-bored.
Wetlands C2 through C4 will be directionally-bored and hand-cleared to avoid
0.949 acre of permanent impacts.
REGULATORY CONSIDERATIONS
The proposed project corridor width will be limited to 20 feet. During construction, the
corridor at wetland and stream crossings will be limited to 40 feet, comprised of the 20-
foot proposed pipeline easement and 20 feet of the existing pipeline easement. Following
construction, temporary stream crossings will be restored to original grade and elevation.
The proposed project should not result in permanent changes in pre-construction
elevation contours or stream dimension, pattern, or profile. Excess material will be
removed to a high ground disposal area. Cleared areas will be restored with native
vegetation in accordance with the attached Restoration Plan (Appendix IX) within 30
working days of initial land disturbance.
Appropriate sediment and erosion control practices as outlined in the most recent version
of the "North Carolina Sediment and Erosion Control Planning and Design Manual" and
approved by the local governing authority, shall be implemented to comply with the
appropriate turbidity water quality standard. Sediment and erosion control measures
placed in waters will be removed, and the original grade restored, within two months
after the Division of Land Resources has released the project. Impacts have been avoided
and minimized, and appropriate measures will be taken during construction to allow flow
and circulation patterns of waters of the U.S. to remain unaffected.
No permanent impacts to streams are anticipated. Permanent impacts to wetlands are
below the 0.5-acre threshold for NWP No. 12. Accordingly, this PCN for NWP No. 12 is
being submitted to the USACE for approval.
Nationwide Permit No. 1 2/Request for Jurisdictional Determination S&ME Project No. 1357-09-001
Approximately Four-Mile Natural Gas Pipeline 41L June 8. 2009
MITIGATION
Based on conversations with the USACE for similar projects, we anticipate that
appropriate mitigation for the proposed project can be satisfied by the aforementioned
avoidance and minimization procedures implemented during the design phase of the
proposed project.
Impacts to streams and wetlands within the project corridor will be minimized by use of
the existing 30-foot maintained easement. A majority of impacts resulting from the
proposed project are temporary. Original grades and contours will be restored in wetland
areas and at stream crossings. To restore the corridor in wetland areas and at stream
crossings, PNG will use a native seed mix outlined in the attached Restoration Plan
(Appendix XI). The seed mix will be comprised of species that are native to Edgecombe
County (with the exception of the placeholder species, which will consist of annual
species to reduce competition with the native seeds). Through use of coir matting and
implementation of the Restoration Plan, no permanent impacts to streams are anticipated.
According to the Tar-Pamlico Buffer rules, the proposed project requires mitigation for
permanent impacts to the Zone 1 buffer along non-perpendicular crossings of Subject
streams. And as determined by Mr. Martin Richmond with DWQ in the field on March
19, 2009 and via a follow up letter dated April 9, 2009 (Appendix VIII), Table 6 outlines
on-site streams and their relation to the Tar-Pamlico Buffer rules. The North Carolina
Ecosystem Enhancement Program (NCEEP) has accepted responsibility for mitigation of
Zone I buffer permanent impacts through payment by PNG into the NCEEP In-Lieu Fee
program (Appendix VIII).
Table 6- Zone 1 Tar-Pamliro Ruffer Rulec

Stream ID Perpendicular

Stream Crossing Subject to

Tar-Pamlico Buffer Rules Square foot of Zone
1 Buffer Permanent
Impact
Stream 1 No Yes 1,411
Stream 2 No Yes 1,339
Stream 3 (Cabin Branch) Yes No' N/A
Stream 4 (Cokey Swamp) No Yes 1,569
Stream 5 (Millpond Branch) No Yes 1,399
Stream 6 No Noe N/A
Total Zone 1 Buffer subject to mitigation 5,718
ne pipeine wm cross atream s at a near perpendicular angle so that it is not subject to the Tar-Pamlico
Buffer rules. z Stream 6 is not depicted on USGS Topographic Map or County Soil Survey, therefore is not
subject to Tar-Pamlico Buffer rules
9
Nationwide Permit No.12/Request for Jurisdictional Determination SWE Project No. 1357-09-001
Approximately Four-Mile Natural Gas Pipeline 41 L June 8 2009
CLOSING
By copy of this correspondence and completed PCN, we are requesting your written
concurrence with this NWP No. 12 permit application. If we can provide additional
information or answer questions you may have, please feel free to contact us at
704.523.4726.
Sincerely,
S&ME
Suzanne L. Knudsen
Natural Resources Staff Professional
Michael Wolfe
Natural Resources Department Manager
Senior Reviewed by Lisa J. Beckstrom, C.E., C.W.B., LEED AP
Attachments
cc: Ms. Mara Sikora, PNG
SLK/MW/slk SA1357\PROJECTS\2009\09-001 PNG Line 41L Tarboro\Permit
10
«.
AGENT AUTHORIZATION FORM
AGENT AUTHORIZATION FORM S&ME
Date: 3/25/09
Project Information
S&ME Project Name: PNG Line 41L Pipeline
Type of Project: Jurisdictional Delineation, Nationwide Permitting
Location: Edgecombe County, North Carolina
Property Owner/Representative Information
Business Name: Piedmont Natural Gas
Mailing Address: 4720 Piedmont Row Drive
City, State, Zip Code: Charlotte, NC 28210
Telephone No. [phone]
Contact: Ms. Mara Sikora, P.E. _
Agent Information
Business Name:
Street Address:
City, State, Zip Code
Telephone No.
Contact:
S&ME, Inc.
9751 Southern Pine Boulevard
Charlotte, N.C. 28273
704.523.4726
Catherine Luckenbaugh
Authorization: I on behalf of
(Contact Signature)
?? c dmonk No,?,,crx? Q" hereby authorize
(Name of Landowner Project Sponsor)
S&ME, Inc. to act as agent for the above-mentioned project.
COMPLETED PRE-CONSTRUCTION NOTIFICATION (PCN)
O?O?- WA7?7
1 1 > =i
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the
Corps:
0 Section 404 Permit F-1 Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: NWP 12 or General Permit (GP) number: --
1c. Has the NWP or GP number been verified by the Corps? ? Yes Q No
1d. Type(s) of approval sought from the DWQ (check all that apply):
0 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express 2 Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
?Yes Q No For the record only for Corps Permit:

? Yes 0 No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. 0 Yes ? No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below. ? Yes 0 No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes Q No
2. Project Information
2a. Name of project: Piedmont Natural Gas Line 41L Tarboro ,,
2b. County: Edgecombe
2c. Nearest municipality / town: Rocky Mount
N 0
0

2d. Subdivision name: _
_
N/A
2e. NCDOT only, T.I.P. or state
project no: QUALITY

N/A WETLANDS AND STORMWATER B&OW
3. Owner Information
3a. Name(s) on Recorded Deed: Linear Corridor Project, multiple owners
3b. Deed Book and Page No. N/A
3c. Responsible Party (for LLC if
applicable): N/A
3d. Street address: N/A
3e. City, state, zip: N/A
3f. Telephone no.: N/A
3g. Fax no.: N/A
3h. Email address: N/A
Page 1 of 13
PCN Form -Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent 0 Other, specify: Property Easement Owner
4b. Name: Mara Sikora, P.E.
4c. Business name
(if applicable): Piedmont Natural Gas
4d. Street address: 4720 Piedmont Row Drive
4e. City, state, zip: Charlotte, N.C. 28210
4f. Telephone no.: 704-731-4375
4g. Fax no.: 704-731-4098
4h. Email address: [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name: Catherine Luckenbaugh, C.E.
5b. Business name
(if applicable): SBME, Inc.
5c. Street address: 9751 Southern Pine Boulevard
5d. City, state, zip: Charlotte, N.C. 28273
5e. Telephone no.: 704-523-4726
5f. Fax no.: 704-525-3953
5g. Email address: cluckenbaugh(cDsmeinc.com
Page 2 of 13
B. Project Information and Prior Project History
1. Property Identification
3777-76-2374, 3777-76-8054, 3777-86-2099,
3787-04-8130, 3787-26-5608, 3787-68-2326,
3787-78-4390, 3787-88-0133, 3787-88-6781,
1a. Property identification no. (tax PIN or parcel ID): 3787-87-6739, 3787-97-0006, 3787-96-2349,
3797-285638, 3798-40-5643, 3797-48-5791,
3797-47-6766, 3797-69-1026, 3797-68-9497,
3797-79-8422, 3798-70-7872, 3798-81-9917,
4707-09-8433
Origin:
Latitude: 35.87742°N Longitude: - 77.7274°W
1 b. Site coordinates (in decimal degrees):
Terminus:
Latitude: 35.88491°N Longitude: -
77.64745°W
1c. Property size: 27.6 acres (24,029 linear feet in length, 50-foot
wide project corridor)
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to proposed Cokey Swamp
project:
2b. Water Quality Classification of nearest receiving water: C; NSW, Stream Index 28-83
2c. River basin: Tar-Pamlico
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The project corridor and surrounding areas are comprised largely of active agricultural fields with small wooded
areas and planted pine saplings.
3b. List the total estimated acreage of all existing wetlands on the property :
2.609 acres in the 40-foot project corridor through wetlands.
3c. List the total estimated linear feet of all existing streams (intermittent an d perennial) on the property:
240 linear feet in the 40-foot project corridor at stream crossings.
3d. Explain the purpose of the proposed project:
The proposed pipeline will alleviate ongoing low-pressure issues to existing customers during periods of peak
service.
3e. Describe the overall project in detail, including the type of equipment to be used:
The proposed project involves the construction of a six-inch diam eter natural gas pipeline adjacent and parallel to
an existing four-inch natural gas pipeline. Joints of the pipeline will be welded, the pipe will be lowered into a trench
and the trench will be backfilled. Equipment to be used on the job includes trackhoes, dozers, trucks, sidebooms,
welding rigs and boring machines.
Page 3 of 13
PCN Form - Version 1.3 December 10, 2008 Version
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the Corps or
State been requested or obtained for this property / project (including
? Yes ? No DUnknown
all prior phases) in the past?
Comments: N/A
4b. If the Corps made the jurisdictional determination, what type of
? Preliminary ? Final
determination was made? N/A
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): N/A Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
N/A
5. Project History
5a. Have permits or certifications been requested or obtained for this
? Yes ? No DUnknown
project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
N/A
6. Future Project Plans
6a. Is this a phased project? ? Yes @No
[6 es, If yexplain.
N/A
Page 4 of 13
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
0 Wetlands 0 Streams - tributaries 0 Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete th is question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland Type of jurisdiction
impact number Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
- Permanent (if known) DWQ - non-404, other) (acres)
(P) or
Temporary T
WA 0 P ? T Conversion Forested 0 Yes 0 Corps 0.095
? No ? DWQ
WA ? P 0 T Land disturbance Emergent El Yes
? 0 Corps 0.090
No ? DWQ
WB 0 P ? T Conversion Forested 0 Yes 0 Corps 0.065
? No ? DWQ

Wg ? p R T
Land disturbance
Emergent
El Yes
? 0
Corps
0.057
No ? DWQ

WC1?P 0 T
Land disturbance
Emergent
El Yes
? N 0
Corps
0.020
o ? DWQ
WC10P ?T Conversion Forested 0 Yes 0 Corps 0.030
? No ? DWQ
WC2 - WC4 $ Land disturbance Emergent/forested/scrub- DYes 0 Corps
1
103
[JP 0 T shrub ? No ? DWQ .
WD 0 P ?T Conversion Forested DYes 0 Corps 0.097
? No ? DWQ

WD ? P OT
Land disturbance
Emergent
El Yes
0 [.?
Corps
0.087
No ? DWQ

WE r-1 P 0 T
Land disturbance
Emergent
El Yes
O 0
Corps
0.016
No ? DWQ
2g. Total wetland impacts 1.660
2h. Comments:
Permanent impacts of 0.287 acre associated with conversion of forested wetlands to emergent wetlands in the 20-
foot new maintained easement.
Temporary impacts of 1.373 acre are associated with land disturbance and temporary placement of fill in wetlands
in the 20-foot existing maintained easement.
$ Permanent impacts to 0.949 acre of Wetland C2 - C4 will be avoided by h and clearing forested/scru b-shrub areas
and by directional boring.
Wetlands will be restored to pre-construction contours onc e construction is completed.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
Page 5 of 13

3a. 3b . 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) intermittent DWQ - non-404, width (linear
or Temporary (INT)? other) (feet) feet)
(T)
Temporary bank
S1 ? P 0 T disturbance and
placement of coir UT to Cokey Swamp ? PER
0 INT 0 Corps
? DWQ 6 40
matting
Temporary bank
S2 ? P 0 T disturbance and UT to Cabin Branch 0 PER 0 Corps 12 40
placement of coir ? INT ? DWQ
matting
Temporary bank

S3 ? PO T disturbance and
Cabin Branch 0 PER 0 Corps
9
40
placement of coir ?INT ?DWQ
matting
Bank disturbance
S4 ? PO T associated with Cokey Swamp 0 PER 0 Corps 22.50 40
temporary stream ? INT ? DWQ
crossing
Temporary bank
S5 ? P 0 T disturbance and Millpond Branch 0 PER 0 Corps 12 40
placement of coir ? INT ? DWQ
matting
Temporary bank

S6 [-I P 0 T disturbance and
placement of coir
UT of Millpond Branch F-1 PER
DINT 0 Corps

?DWQ
4
40
matting
3h. Total stream and tributary impacts 240
3i. Comments: Corridor is limited to 40-feet at stream crossings. No permanent impacts to streams. Stream 4
(Cokey Swamp) will be directionally-bored.
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any oth er open water of the
U.S. then individual) list all open water im acts below. N/A
4a. 4b. 4c. 4d. 4e.
Open water N ame of waterbody
impact (if applicable) Type of impact Waterbody type Area of impact (acres)
number -
Permanent
(P) or
Temporary
T
01 ?P?
T
02 ?P?
T
03 ?P?
T
04 ?P?
T
0. Total open water impacts
4g. Comments: N/A
Page 6 of 13
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a.

Pond ID 5b.

Proposed use or purpose of 5c.
Wetland Impacts (acres) 5d.
Stream Impacts (feet) 5e.
Upland
(acres)
number pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments: NIA
5h. Is a dam high hazard permit required? N/A
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres): N/A
5j. Size of pond watershed (acres): N/A
5k. Method of construction: N/A
Page 7 of 13
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below.
If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.

Project is in which protected basin?
? Neuse 0 Tar-Pamlico ? Other:
? Catawba ? Randleman
6b.
Buffer impact
number -
Permanent
(P) or
Temporary
T 6c.

Reason for
impact 6d.

Stream name
6e.

Buffer
mitigation
required? 6f.

Zone 1 impact
(square feet) 6g.

Zone 2 impact
(square feet)
B10 PEI T Maintaining
easement Stream 1 -
UT to Cokey Swamp 0 Yes
? No 1,411 --

610 P ? T Maintaining
easement Stream 1 -
UT to Cokey Swamp ?Yes
0 No
--
930
B1 ?P 0 T Construction
Access Stream 1 -
UT to Cokey Swamp ?Yes
0 No 1,388 915
620 PEI T Maintaining
easement Stream 2 -
UT to Cabin Branch 0 Yes
? No 1,339 --
B20 PEI T Maintaining
easement Stream 2 -
UT to Cabin Branch ?Yes
0 No 921
132 ?P 0 T Construction

Access Stream 2 -

UT to Cabin Branch ?Yes

0 No
1,409
943
630 PEI T Maintaining
easement Stream 3 -
Cabin Branch ? Yes
0 No 1,308 --

B30 P ? T Maintaining

easement Stream 3 -

Cabin Branch ?Yes

0 No
--
900
B3 ?P 0 T Construction
Access Stream 3 -
Cabin Branch Q No 1,128 724

B40 P ? T Maintaining
easement Stream 4 -
Cokey Swamp 0 Yes
? No
1,569
--

640 P ? T Maintaining
easement Stream 4 -
Cokey Swamp ?Yes
0 No
927
B4 ?P 0 T Construction
Access Stream 4 -
Cokey Swamp ?Yes
0 No 1,777 1,089

B50 P ? T Maintaining
easement Stream 5 -
Millpond Branch 0 Yes
? No
1,399
--

650 P ? T Maintaining

easement Stream 5 -

Millpond Branch ?Yes

0 No
--
922

65 ?P 0 T Construction
Access Stream 5 -
Millpond Branch ?Yes
0 No
1,093
735
6h. Total buffer impacts 13,821 9,006
6i. Comments: The proposed natural gas pipeline will not cross B1, B2, B4, and 65 at a near perpendicular angle;
therefore, mitigation is required for permanent impacts to Zone 1 of the Tar-Pamlico buffer. B3 will cross at a near
perpendicular angle and, therefore, is not subject to mitigation for impacts to the Tar-Pamlico Buffer. Mitigation is
not required to Zone 2 of the Tar-Pamlico Buffer rules.
Page 8 of 13
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The following avoidance and minimization measures were employed during the design phase of the proposed
project:
The proposed pipeline will be placed south of the existing corridor to:
Minimize impacts to Wetland A.
Minimize impacts to Wetland E.
Avoid a perennial stream and its associated Tar-Pamlico Buffer.
Avoid perennial portion of Stream 6.
Cokey Swamp will be directionally-bored.
Wetlands C2 through C4 will be directionally-bored and hand-cleared of vegetation.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The proposed project will parallel an existing 30-foot maintained natural gas pipeline easement. Through use
of the existing easement for construction access and temporary material storage, impacts to wetlands and
waters of the U.S. will be avoided and minimized by eliminating the need for additional clearing for access
roads and temporary construction easements. The pipeline along Stream 4 (Cokey Swamp) and Wetlands C2
through C4 will be directionally-bored and vegetation will be hand-cleared to avoid permanent impacts.
Upon completion, original grades and contours will be restored in wetland areas and at stream crossings.
After construction, a Restoration Plan will be implemented that will involve use of a native seed mix to restore
wetland and stream impact areas after construction. Through placement of coir matting and implementation of
the Restoration Plan, no permanent impacts to streams are anticipated. Appropriate sediment and erosion
control practices as outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" and approved by the local governing authority, shall be implemented to comply
with the appropriate turbidity water quality standard. Sediment and erosion control measures placed in waters
will be removed and the original grade restored within two months after the Division of Land Resources has
released the project.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ? Yes 0 No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): N/A ? DWQ ? Corps
? Mitigation bank
2c. If yes, which mitigation option will be used for this
project? N/A
El Payment to in-lieu fee program
? Permittee Responsible Mitigation
Page 9 of 13
PCN Form - Version 1.3 December 10, 2008 Version
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: N/A
3b. Credits Purchased (attach receipt and letter) Type N/A Quantity N/A
3c. Comments: N/A
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. Q Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): 5,718 square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
N/A
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? Q Yes ? No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 Land disturbance 5,718 3 (2 for Catawba) 17,154
Zone 2 N/A N/A 1.5 N/A
6f. Total buffer mitigation required: 171154
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
Payment into the North Carolina Ecosystem Enhancement Program's in-lieu fee fund for riparian buffer impacts
6h. Comments: According to the Tar-Pamlico Buffer rules, the proposed project requires mitigation for permanent
impacts to the Zone 1 buffer associated with crossing Subject streams at a non-perpendicular angle.
Page 10 of 13
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified Q Yes ? No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: The proposed natural gas pipeline will be placed in a ditch that
will be backfilled to pre-construction contours. Additionally, no man- ? Yes Q No
made structures will result from the project as proposed and therefore, a
diffuse flow plan will not be warranted.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 0%
2b. Does this project require a Stormwater Management Plan? ? Yes Q No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The proposed pipeline will not result
in an increase of impervious surface.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
N/A
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? N/A ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? N/A
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): N/A ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached? N/A
4. DWQ Stormwater Program Review
? Coastal counties
4a. Which of the following state-implemented stormwater management programs apply El HQW
? ORW
(check all that apply): N/A
? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? N/A ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? N/A ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? N/A ? Yes ? No
Page 11 of 13
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ? Yes ? No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
The proposed project will not generate wastewater.
Page 12 of 13
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ® El Yes No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ? No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted. ® Raleigh
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Natural Heritage Virtual Workroom, U.S. Fish and Wildlife Service (USFWS) North Carolina County Species List, Scoping
letters to the NC Natural Heritage Program (NCNHP) and USFWS.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Natural Heritage Virtual Workroom, USFWS North Carolina County Species List, Scoping letters to the NCNHP and
USFWS.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
March 20, 2009 correspondence from the State Historic Preservation Office regarding the proposed project.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ? No
8b. If yes, explain how project meets FEMA requirements: No structures will be above flood elevation criteria, the proposed
pipeline will be sub-terranean.
8c. What source(s) did you use to make the floodplain determination? FEMA flood maps
Catherine Luckenbaugh, C.E.

Applicant/Agent's Printed Name Applican tg
en t' s ignature Date
,
(Agent's signature is valid only orization letter from the applicant
is provided.)
Page 13 of 13
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Toe-of-Bank
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POST-CONSTRUCTION CROSS-SECTION
I
" NOT TO SCALE
DATE: 5-26-2009
DRAWN BY: DDH
PROJECT NO:
L 1357-09-001
*S&ME
TYPICAL STREAM CROSSING
Piedmont Natural Gas Line 41L
Edgecombe County, North Carolina
FIGURE NO. I
5A
TYPICAL POST-CONSTRUCTION PLAN VIEW
PLAN VIEW
J
It
scA?E: NOT TO SCALE FIGURE NO.
DATE: 5-26-2009 TYPICAL WETLAND CROSSING
DRAWN BY: DDH *S&ME 5 B
Piedmont Natural Gas Line 41L
PROJECT NO:
1357-09-001 Edgecombe County, North Carolina d
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Photo 1: View of a section of Wetland A (2/19/09).
Photo 3: View of Stream 1 (2/19/09).
Photo 5: View of Cabin Branch (Stream 3, 2/19/09
Taken by: JoL
Checked by: MW
Photo 2: View of another section of Wetland A (2/19/09).
Photo 4: View of Stream 2 (2/19/09).

ti `fix
r ?j
w ems"" ?^y '>r ? :F
Photo 6: View of Wetland B around Cabin Branch (2/19/09).
ME
SITE PHOTOGRAPHS
Piedmont Natural Gas Line 41L
Edgecombe County, North Carolina
Project No.: 1357-09-001 Photo Page 1
P' T}
a
r; . 4-
Photo 7: Wetland C west of Cokey Swamp (2/19/09).

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Photo 9: Wetland C east of Cokey Swamp (2/20/09).
Photo 11: View of Wetland D around Millpond Branch
(2/20/09).
Taken by- JoL
br,9 'A w
t
Photo 10: View of Millpond Branch (Stream 5, 2/20/09).
yy ,
s -'
'hoto 12: View of Wetland E (2/20/09).
SITE PHOTOGRAPHS
Checked by: MW Piedmont Natural Gas Line 41 L
ME Edgecombe County, North Carolina
Project No.: 1357-09-001 Photo Page 2
REVIEW AREA 1:
Wetland A (Subsections A1, A21 A3, and A4)
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: RALEIGH FIELD REGULATORY OFFICE
C. PROJECT LOCATION AND BACKGROUND INFORMATION: WETLAND A (SUBSECTIONS A]. A2, A21. AND A4)
State:NORTH CAROLINA County/parish/borough: EDGECOMBE City: TARBORO / ROCKY MOUNT
Center coordinates of site (]at/long in degree decimal format): Lat. 35.87799° N, Long. 77.7221° W.
Universal Transverse Mercator:
Name of nearest waterbody: PARKER BRANCH
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: TAR RIVER
Name of watershed or Hydrologic Unit Code (HUC): 03020103 (LOWER TAR)
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
® Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
? Office (Desk) Determination. Date:
? Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are 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 waters2 (RPWs) that flow directly or indirectly into TNWs
? Non-RPWs that flow directly or indirectly into TNWs
® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
? Impoundments of jurisdictional waters
? Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: linear feet: width (ft) and/or acres.
Wetlands: 0.23 acres.
c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):;
? Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
' Boxes checked below shall be supported by completing the appropriate sections in Section III below.
Z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
' Supporting documentation is presented in Section III.F.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section M.D.I. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections IH.A.1 and 2
and Section III.D.I.; otherwise, see Section III.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section HI.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section HI.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 HI.B.1 for
the tributary, Section HI.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 IH.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Pick List
Drainage area: Pick List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
? Tributary flows directly into TNW.
? Tributary flows through Pick List tributaries before entering TNW.
Project waters are Pick List river miles from TNW.
Project waters are Pick List river miles from RPW.
Project waters are Pick List aerial (straight) miles from TNW.
Project waters are Pick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5:
Tributary stream order, if known:
Note that the Instructional Guidebook contains 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 through the review area, to flow into tributary b, which then flows into TNW.
(b) General Tributary Characteristics (check all that apply):
Tributary is: ? Natural
? Artificial (man-made). Explain:
? Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Pick List.
Primary tributary substrate composition (check all that apply):
? Silts ? Sands ? Concrete
? Cobbles ? Gravel ? Muck
? Bedrock ? Vegetation. Type/% cover:
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: Pick List
Tributary gradient (approximate 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 and banks
? OHWM6 (check all indicators that apply):
? clear, natural line impressed on the bank ?
? changes in the character of soil ?
? shelving ?
? vegetation matted down, bent, or absent ?
? leaf litter disturbed or washed away ?
? sediment deposition ?
? water staining ?
? other (list):
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
El Discontinuous OHWM.' Explain:
If factors other than the OHWM were used to determ
High Tide Line indicated by: ?
? oil or scum line along shore objects
? fine shell or debris deposits (foreshore)
? physical markings/characteristics
? tidal gauges
? other (list):
ine lateral extent of CWA jurisdiction (check all that apply):
Mean High Water Mark indicated by:
? survey to available datum;
? physical markings;
? vegetation lines/changes in vegetation types.
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
'A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
? Riparian corridor. Characteristics (type, average width):
? Wetland fringe. Characteristics:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
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/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
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:
? 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 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 III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW: WETLAND A WAS MADE UP OF SEVERAL "FINGERS" OF A LARGE
HEADWATER WETLAND WHICH CONTINUED DOWNSLOPE OUT OF THE PROJECT AREA WHERE
IT EVENTUALLY DIRECTLY ABUTTED A PERENNIAL CHANNEL THAT FLOWED INTO PARKER
BRANCH.
? 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: 0.23 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.
7. Impoundments of jurisdictional waters.'
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)?
? 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:
8See Footnote # 3.
v To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
? Other factors. Explain:
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
? Tributary waters: linear feet width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
? Wetlands: acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
? If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
? Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
? Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
? Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
? Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
? Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:S&ME, INC.
® 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: 1981 HEARTSEASE [NC] 1:24,000 QUAD SHEET (FIGURE 2).
® USDA Natural Resources Conservation Service Soil Survey. Citation: USDA SSURGO DATASET FOR EDGECOMBE
COUNTY (FIGURE 4).
? 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):2008 AERIAL PHOTOGRAPH (FIGURE 3).
or ® Other (Name & Date):SITE PHOTOGRAPHS (2-19-09).
? 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:
REVIEW AREA 2:
Stream 1
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 1: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: RALEIGH FIELD REGULATORY OFFICE
C. PROJECT LOCATION AND BACKGROUND INFORMATION: STREAM I
State:NORTH CAROLINA County/parish/borough: EDGECOMBE City: TARBORO / ROCKY MOUNT
Center coordinates of site (lat/long in degree decimal format): Lat. 35.87799° N, Long. 77.7221 ° W.
Universal Transverse Mercator:
Name of nearest waterbody: COKEY SWAMP
Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: TAR RIVER
Name of watershed or Hydrologic Unit Code (HUC): 03020103 (LOWER TAR)
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
® Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
? Office (Desk) Determination. Date:
? Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are 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 waters2 (RPWs) that flow directly or indirectly into TNWs
? Non-RPWs that flow directly or indirectly into TNWs
? Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
? Impoundments of jurisdictional waters
? Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: 57 linear feet: 6 width (ft) and/or acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: Established by OHWM.
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):3
? Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
' Boxes checked below shall be supported by completing the appropriate sections in Section III below.
z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
' Supporting documentation is presented in Section III.F.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section HI.A.1 and Section IH.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section HI.D.1.; otherwise, see Section IH.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent-:
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section HI.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 HI.B.1 for
the tributary, Section IH.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: 35 square miles
Drainage area: 35 acres
Average annual rainfall: 48.23 inches
Average annual snowfall: 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 20-25 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 TNW5: STREAM I FLOWS INTO COKEY SWAMP WHICH FLOWS INTO TOWN CREEK
WHICH FLOWS INTO THE TAR RIVER, A TNW.
" Note that the Instructional Guidebook contains 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 through the review area, to flow into tributary b, which then flows into TNW.
Tributary stream order, if known: FIRST.
(b) General Tributary Characteristics (check all that apply):
Tributary is: ? Natural
? Artificial (man-made). Explain:
® Manipulated (man-altered). Explain: TRIBUTARY HAS BEEN DITCHED AND
STRAIGHTENED, HEADWATERS HAVE BEEN ALTERED BY POND CREATION.
Tributary properties with respect to top of bank (estimate):
Average width: 6 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: JUNCUS, SCIRPUS, 50%
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: STABLE DITCH THROUGH FIELD.
Presence of run/riffle/pool complexes. Explain: MINIMAL.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): <0.5 %
(c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flow events in review area/year: 20 (or greater)
Describe flow regime: LIKELY FLOWS DURING THE WINTER AND EARLY SPRING AND FOLLOWING
RAIN EVENTS.
Other information on duration and volume:
Surface flow is: Confined. Characteristics: CONFINED TO DITCH WITH MINIMAL OBSERVED FLOW DUE TO
LOW GRADIENT.
Subsurface flow: Unknown. Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
? Bed and banks
® OHWM6 (check all indicators that apply):
? clear, natural line impressed on the bank
® changes in the character of soil ?
? shelving ?
? vegetation matted down, bent, or absent ?
? leaf litter disturbed or washed away ?
? sediment deposition
® water staining
? other (list):
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
El Discontinuous OHWM.' Explain:
If factors other than the OHWM were used to determ
? High Tide Line indicated by: ?
? oil or scum line along shore objects
? fine shell or debris deposits (foreshore)
? physical markings/characteristics
? tidal gauges
? other (list):
ine lateral extent of CWA jurisdiction (check all that apply):
Mean High Water Mark indicated by:
? survey to available datum;
? physical markings;
? vegetation lines/changes in vegetation types.
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain: WATER IS CLEAR.
'A 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.
Identify specific pollutants, if known: STREAM 1 HAS A HIGH POTENTIAL FOR POLUTION FROM AGRICULTURAL
SOURCES.
(iv) Biological Characteristics. Channel supports (check all that apply):
? Riparian corridor. Characteristics (type, average width):
? Wetland fringe. Characteristics:
® Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
® Aquatic/wildlife diversity. Explain findings: AQUATIC FAUNA TYPICAL OF INTERMITTENT STREAMS WAS
OBSERVED (AMPHIPODS AND ISOPODS).
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/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
? TNWs: linear feet width (ft), Or, acres.
? Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
? Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial:
® Tributaries of 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 III.B. Provide rationale indicating that tributary flows
seasonally: STREAM 1 SCORED AS AN INTERMITTENT STREAM (21) ON THE NC DWQ STREAM
IDENTIFICATION FORM. ON MARCH 19, 2009 MR. MARTIN RICHMOND WITH THE NC DWQ CONFIRMED
THIS STREAM AS INTERMITTENT. NC DWQ SCIENTISTS HAVE SHOWN THAT STREAMS DEEMED
INTERMITTENT IN NORTH CAROLINA FLOW FOR AT LEAST 3 MONTHS OF THE YEAR (SEE
HTTP://H2O.ENR. STATE.NC.US/NC W ETLANDS/DOCUMENTS/SUMMARYRESEARCH 12-18-07.PDF).
Provide estimates for jurisdictional waters in the review area (check all that apply):
® Tributary waters: 57 linear feet 6 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
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
? Tributary waters: linear feet width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
? Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
? Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
? Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
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.'
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
El 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.
8See Footnote # 3.
'To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
? 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:
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:S&ME, INC.
® 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: 1981 HEARTSEASE [NCI 1:24,000 QUAD SHEET (FIGURE 2).
® USDA Natural Resources Conservation Service Soil Survey. Citation: USDA SSURGO DATASET FOR EDGECOMBE
COUNTY (FIGURE 4).
? 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):2008 AERIAL PHOTOGRAPH (FIGURE 3).
or ® Other (Name & Date):SITE PHOTOGRAPHS (2-19-09).
? Previous determination(s). File no. and date of response letter:
? Applicable/supporting case law:
? Applicable/supporting scientific literature:
® Other information (please specify):DWQ STREAM IDENTIFICATION FORM AND USACE STREAM QUALITY
ASSESSMENT WORKSHEET.
B. ADDITIONAL COMMENTS TO SUPPORT JD:
REVIEW AREA 3:
Streams 2 and 3 (Cabin Branch)
Wetland B
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: RALEIGH FIELD REGULATORY OFFICE
C. PROJECT LOCATION AND BACKGROUND INFORMATION: STREAM 2 AND 3 (CABIN BRANCH); WETLAND B
State:NORTH CAROLINA County/parish/borough: EDGECOMBE City: TARBORO / ROCKY MOUNT
Center coordinates of site (lat/long in degree decimal format): Lat. 35.88054° N. Long. 77.68520°W.
Universal Transverse Mercator:
Name of nearest waterbody: CABIN BRANCH
Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: TAR RIVER
Name of watershed or Hydrologic Unit Code (HUC): 03020103 (LOWER TAR)
Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
Field Determination. Date(s):
SECTION H: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are 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 waters2 (RPWs) that flow directly or indirectly into TNWs
Non-RPWs that flow directly or indirectly into TNWs
® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
Impoundments of jurisdictional waters
? Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: STREAM 2: 57, STREAM 3: 53 linear feet: STREAM 2: 12, STREAM 3: 9 width (ft) and/or acres.
Wetlands: 0.15 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.
' For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentation is presented in Section III.F.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section RI.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
and Section III.D.1.; otherwise, see Section HIM 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 HI.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 waterbodya 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 HI.B.1 for
the tributary, Section IH.B.2 for any onsite wetlands, and Section HI.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: Pick List
Drainage area: Pick List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
? Tributary flows directly into TNW.
? Tributary flows through Pick List tributaries before entering TNW.
Project waters are Pick List river miles from TNW.
Project waters are Pick List river miles from RPW.
Project waters are Pick List aerial (straight) miles from TNW.
Project waters are Pick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5:
Tributary stream order, if known:
Note that the Instructional Guidebook contains 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 through the review area, to flow into tributary b, which then flows into TNW.
(b) General Tributary Characteristics (check all that apply):
Tributary is: ? Natural
? Artificial (man-made). Explain:
? Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Pick List.
Primary tributary substrate composition (check all that apply):
? Silts ? Sands ? Concrete
? Cobbles ? Gravel ? Muck
? Bedrock ? Vegetation. Type/% cover:
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: Pick List
Tributary gradient (approximate 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 and banks
? OHWM6 (check all indicators that apply):
? clear, natural line impressed on the bank ?
? changes in the character of soil ?
? shelving ?
? vegetation matted down, bent, or absent ?
? leaf litter disturbed or washed away ?
? sediment deposition ?
? water staining ?
? other (list):
? Discontinuous OHWM.7 Explain:
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
? High Tide Line indicated by: ? Mean High Water Mark indicated by:
? oil or scum line along shore objects
? fine shell or debris deposits (foreshore)
? physical markings/characteristics
? tidal gauges
? other (list):
(iii) Chemical Characteristics:
? survey to available datum;
? physical markings;
? vegetation lines/changes in vegetation types.
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 discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
? Riparian corridor. Characteristics (type, average width):
? Wetland fringe. Characteristics:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
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/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
TNWs: linear feet width (ft), Or, acres.
Wetlands adjacent to TNWs: acres.
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: STREAM 2 SCORED AS A PERENNIAL STREAM (SCORE: 35.5) ON THE NC DWQ STREAM
IDENTIFICATION FORM. STREAM 3 (CABIN BRANCH) IS A BLUELINE NAMED STREAM ON THE USGS
TOPOGRAPHIC MAP AND IS DOWNSTREAM OF STREAM 2 THUS IT WAS ALSO CONSIDERED TO BE
PERENNIAL.
Q Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
® Tributary waters: STREAM 2: 57; STREAM 3: 53 linear feet STREAM 2: 12; STREAM 3: 9 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:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
® Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW: WETLAND B WAS DELINEATED AS DIRECTLY ABUTTING STREAM 3 IN THE
FIELD.
? Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary
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: 0.15 acres.
Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
? Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
? Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
Impoundments of jurisdictional waters.'
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):"
? 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.
'See Footnote # 3.
9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
Interstate isolated waters. Explain:
? Other factors. Explain:
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
? Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
? Wetlands: acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
? Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
? Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
? Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
? Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply -checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:S&ME, INC.
® 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: 1981 HEARTSEASE [NC] 1:24,000 QUAD SHEET (FIGURE 2).
® USDA Natural Resources Conservation Service Soil Survey. Citation: USDA SSURGO DATASET FOR EDGECOMBE
COUNTY (FIGURE 4).
? 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):2008 AERIAL PHOTOGRAPH (FIGURE 3).
or ® Other (Name & Datc):SITE PHOTOGRAPHS (2-19-09).
? Previous determination(s). File no. and date of response letter:
? Applicable/supporting case law:
? Applicable/supporting scientific literature:
® Other information (please specify):DWQ STREAM IDENTIFICATION FORM AND USACE STREAM QUALITY
ASSESSMENT WORKSHEET.
B. ADDITIONAL COMMENTS TO SUPPORT JD:
REVIEW AREA 4:
Stream 4 (Cokey Swamp)
Wetland C (Subsections Cl and C2)
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 1: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:RALEIGH REGULATORY FIELD OFFICE
C. PROJECT LOCATION AND BACKGROUND INFORMATION: STREAM 4 (COKEY SWAMP); WETLAND C
(SUBSECTIONS CI AND C2)
State:NORTH CAROLINA County/parish/borough: EDGECOMBE City: TARBORO / ROCKY MOUNT
Center coordinates of site (lat/long in degree decimal format): Lat. 35.88101 ° N. Long. 77.67720'W.
Universal Transverse Mercator:
Name of nearest waterbody: COKEY SWAMP
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: TAR RIVER
Name of watershed or Hydrologic Unit Code (HUC): 03020103 (LOWER TAR)
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
® Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
? Office (Desk) Determination. Date:
? Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are 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 waters2 (RPWs) that flow directly or indirectly into TNWs
? Non-RPWs that flow directly or indirectly into TNWs
® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
? Impoundments of jurisdictional waters
? Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: 77 linear feet: 25 width (ft) and/or acres.
Wetlands: 2.65 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.
i For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
' Supporting documentation is presented in Section III.F.
SECTION HI: 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 HI.A.1 and Section HI.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and
and Section HI.D.1.; otherwise, see Section IH.B below.
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 HI.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section HI.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 HI.B.1 for
the tributary, Section HI.B.2 for any onsite wetlands, and Section HI.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section HLC below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Pick List
Drainage area: Pick List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
? Tributary flows directly into TNW.
? Tributary flows through Pick List tributaries before entering TNW.
Project waters are Pick List river miles from TNW.
Project waters are Pick List river miles from RPW.
Project waters are Pick List aerial (straight) miles from TNW.
Project waters are Pick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWS:
Tributary stream order, if known:
Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.
(b) General Tributary Characteristics (check all that apply):
Tributary is: ? Natural
? Artificial (man-made). Explain:
? Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Pick List.
Primary tributary substrate composition (check all that apply):
? Silts ? Sands ? Concrete
? Cobbles ? Gravel ? Muck
? Bedrock ? Vegetation. Type/% cover:
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: Pick List
Tributary gradient (approximate 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 and banks
? OHWM6 (check all indicators that apply):
? clear, natural line impressed on the bank ?
? changes in the character of soil ?
? shelving ?
? vegetation matted down, bent, or absent ?
? leaf litter disturbed or washed away ?
? sediment deposition ?
? water staining ?
? other (list):
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
? Discontinuous OHWM.' Explain:
If factors other than the OHWM were used to determ
? High Tide Line indicated by:
? oil or scum line along shore objects
? fine shell or debris deposits (foreshore)
? physical markings/characteristics
? tidal gauges
? other (list):
ine lateral extent of CWA jurisdiction (check all that apply)
Mean High Water Mark indicated by:
? survey to available datum;
? physical markings;
? vegetation lines/changes in vegetation types.
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
'A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
? Riparian corridor. Characteristics (type, average width):
? Wetland fringe. Characteristics:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
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/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
? TNWs: linear feet width (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: STREAM 4 (COKEY SWAMP) IS A LARGE THIRD ORDER BLUELINE STREAM ON THE USGS
TOPOGRAPHIC MAP AND WAS OBSERVED IN THE FIELD AS HAVING THE CHARACTERISTICS OF A
PERENNIAL CHANNEL.
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 III.B. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
® Tributary waters: 77 linear feet 25 width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
Non-RPWs8 that flow directly or indirectly into TNWs.
? Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
? Tributary waters: linear feet width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
® Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW: THE MAJORITY OF WETLAND C WAS DELINEATED AS DIRECTLY ABUTTING
STREAM 4 IN THE FIELD. A SEPARATED AREA OF WETLAND C TO THE WEST OF THE MAIN
PORTION OF THE WETLAND WAS OBSERVED AS CONTINUING OUT OF THE STUDY AREA AT
WHICH POINT IT WAS CONTIGUOUS WITH THE REST OF WETLAND C.
? 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: 2.65 acres.
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!
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.
'See Footnote # 3.
' To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
? 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:
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:S&ME, INC.
® 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:] 981 HEARTSEASE [NC] 1:24,000 QUAD SHEET (FIGURE 2).
® USDA Natural Resources Conservation Service Soil Survey. Citation: USDA SSURGO DATASET FOR EDGECOMBE
COUNTY (FIGURE 4).
? 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):2008 AERIAL PHOTOGRAPH (FIGURE 3).
or ® Other (Name & Date):SITE PHOTOGRAPHS (2-20-09).
? 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:
REVIEW AREA 5:
Stream 5 (Millpond Branch)
Wetland D
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: RALEIGH REGULATORY FIELD OFFICE
C. PROJECT LOCATION AND BACKGROUND INFORMATION: STREAM 5 (MILLPOND BRANCH); WETLAND D
State:NORTH CAROLINA County/parish/borough: EDGECOMBE City: TARBORO / ROCKY MOUNT
Center coordinates of site (lat/long in degree decimal format): Lat. 35.88131 ° N. Long. 77.6694° W.
Universal Transverse Mercator:
Name of nearest waterbody: MILLPOND BRANCH
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: TAR RIVER
Name of watershed or Hydrologic Unit Code (HUC): 03020103 (LOWER TAR)
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
® Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
? Office (Desk) Determination. Date:
? Field Determination. Date(s):
SECTION H: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are 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
0 Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
? Non-RPWs that flow directly or indirectly into TNWs
® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
? Impoundments of jurisdictional waters
? Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: 52 linear feet: 12 width (ft) and/or acres.
Wetlands: 0.23 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 III.F.
SECTION ID: 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 IH A.I and Section III.D.l, only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections IH.A.1 and 2
and Section IH.D.1.; otherwise, see Section IH.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, 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 HI.B.1 for
the tributary, Section HI.B.2 for any onsite wetlands, and Section IH.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section HI.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Pick List
Drainage area: Pick List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
? Tributary flows directly into TNW.
? Tributary flows through Pick List tributaries before entering TNW.
Project waters are Pick List river miles from TNW.
Project waters are Pick List river miles from RPW.
Project waters are Pick List aerial (straight) miles from TNW.
Project waters are Pick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5:
Tributary stream order, if known:
Note that the Instructional Guidebook contains 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 through the review area, to flow into tributary b, which then flows into TNW.
(b) General Tributary Characteristics (check all that apply
Tributary is: ? Natural
? Artificial (man-made). Explain:
? Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Pick List.
Primary tributary substrate composition (check all that apply):
? Silts ? Sands ? Concrete
? Cobbles ? Gravel ? Muck
? Bedrock ? Vegetation. Type/% cover:
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: Pick List
Tributary gradient (approximate 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 and banks
? OHWM6 (check all indicators that apply):
? clear, natural line impressed on the bank ?
? changes in the character of soil ?
? shelving ?
? vegetation matted down, bent, or absent ?
? leaf litter disturbed or washed away ?
? sediment deposition ?
? water staining ?
? other (list):
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
? Discontinuous OHWM.7 Explain:
If factors other than the OH WM were used to determ
? High Tide Line indicated by:
? oil or scum line along shore objects
? fine shell or debris deposits (foreshore)
? physical markings/characteristics
? tidal gauges
? other (list):
ine lateral extent of CWA jurisdiction (check all that apply)
Mean High Water Mark indicated by:
? survey to available datum;
? physical markings;
? vegetation lines/changes in vegetation types.
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
? Riparian corridor. Characteristics (type, average width):
? Wetland fringe. Characteristics:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Pick List. Explain:
Surface flow is: Pick List
Characteristics:
Subsurface flow: Pick List. Explain findings:
? Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
? Directly abutting
? Not directly abutting
? Discrete wetland hydrologic connection. Explain:
? Ecological connection. Explain:
? Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Pick List river miles from TNW.
Project waters 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/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
TNWs: linear feet width (ft), Or, acres.
Wetlands adjacent to TNWs: acres.
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: STREAM 5 (MILLPOND BRANCH) IS A LARGE, NAMED BLUELINE STREAM ON THE USGS
TOPOGRAPHIC MAP AND WAS OBSERVED IN THE FIELD AS HAVING THE CHARACTERISTICS OF A
PERENNIAL CHANNEL.
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: 52 linear feet 12 width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
? Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
? Tributary waters: linear feet width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
® Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW: WETLAND D WAS DELINEATED AS DIRECTLY ABUTTING STREAM 5 IN THE
FIELD.
? 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: 0.23 acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
? Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
? Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
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):"
? 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:
'See Footnote # 3.
9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
? Other factors. Explain:
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
? Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
? Wetlands: acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
? If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
? Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
? Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
? Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
? Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
? Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:S&ME, INC.
® 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: 1981 HEARTSEASE [NC] 1:24,000 QUAD SHEET (FIGURE 2).
® USDA Natural Resources Conservation Service Soil Survey. Citation: USDA SSURGO DATASET FOR EDGECOMBE
COUNTY (FIGURE 4).
? 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):2008 AERIAL PHOTOGRAPH (FIGURE 3).
or ® Other (Name & Date):SITE PHOTOGRAPHS (2-20-09).
? 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:
REVIEW AREA 6:
Wetland E
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 1: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:RALEIGH REGULATORY FIELD OFFICE
C. PROJECT LOCATION AND BACKGROUND INFORMATION: WETLAND E
State:NORTH CAROLINA County/parish/borough: EDGECOMBE City: TARBORO / ROCKY MOUNT
Center coordinates of site (]at/long in degree decimal format): Lat. 35.8820° N. Long. 77.6628° W.
Universal Transverse Mercator:
Name of nearest waterbody: MILLPOND BRANCH
Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: TAR RIVER
Name of watershed or Hydrologic Unit Code (HUC): 03020103 (LOWER TAR)
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
® Check if other sites (e.g., offsite mitigation sites, disposal sites, etc... ) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
? Office (Desk) Determination. Date:
? Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are 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): t
? TNWs, including territorial seas
Wetlands adjacent to TNWs
Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
? Non-RPWs that flow directly or indirectly into TNWs
® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
? Impoundments of jurisdictional waters
? Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: linear feet: width (8) and/or acres.
Wetlands: 0.02 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.
2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
Supporting documentation is presented in Section III.F.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section M A.1 and Section HI.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.I and 2
and Section HI.D.I.; otherwise, see Section III.B below.
TNW
Identify TNW:
Summarize rationale supporting determination:
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 waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section IH.B.1 for
the tributary, Section HI.B.2 for any onsite wetlands, and Section HI.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: Pick List
Drainage area: Pick List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
? Tributary flows directly into TNW.
? Tributary flows through Pick List tributaries before entering TNW.
Project waters are Pick List river miles from TNW.
Project waters are Pick List river miles from RPW.
Project waters are Pick List aerial (straight) miles from TNW.
Project waters are Pick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5:
Tributary stream order, if known:
° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.
(b) General Tributary Characteristics (check all that apply):
Tributary is: ? Natural
? Artificial (man-made). Explain:
? Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Pick List.
Primary tributary substrate composition (check all that apply):
? Silts ? Sands ? Concrete
? Cobbles ? Gravel ? Muck
? Bedrock ? Vegetation. Type/%cover:
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: Pick List
Tributary gradient (approximate 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 and banks
? OHWM6 (check all indicators that apply):
? clear, natural line impressed on the bank ?
? changes in the character of soil ?
? shelving ?
? vegetation matted down, bent, or absent ?
? leaf litter disturbed or washed away ?
? sediment deposition ?
? water staining ?
? other (list):
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
? Discontinuous OHWM.7 Explain:
If factors other than the OHWM were used to determ
? High Tide Line indicated by: ?
? oil or scum line along shore objects
? fine shell or debris deposits (foreshore)
? physical markings/characteristics
? tidal gauges
? other (list):
ine lateral extent of CWA jurisdiction (check all that apply)
Mean High Water Mark indicated by:
? survey to available datum;
? physical markings;
? vegetation lines/changes in vegetation types.
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
? Riparian corridor. Characteristics (type, average width):
? Wetland fringe. Characteristics:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Pick List. Explain:
Surface flow is: Pick List
Characteristics:
Subsurface flow: Pick List. Explain findings:
? Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
? Directly abutting
? Not directly abutting
? Discrete wetland hydrologic connection. Explain:
? Ecological connection. Explain:
? Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Pick List river miles from TNW.
Project waters 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 acresl Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section 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:
? 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 type(s) of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
? Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
? Tributary waters: linear feet width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
® Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW: WETLAND E IS A HEADWATER WETLAND THROUGH AN AGRICULTURAL
FIELD THAT BECOMES A RPW AT A HEADCUT BEFORE FLOWING THROUGH A CULVERT UNDER
NOBLES MILL POND ROAD WHERE IT CONTINUES UNTIL IT DIRECTLY ABUTTED MILLPOND
BRANCH, A PERENNIAL CHANNEL.
? 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: 0.02 acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
? Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
? Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
? Demonstrate that impoundment was created from "waters of the U.S.," or
? Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
? Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):"
? 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:
'See Footnote # 3.
' To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act lurisdiedon FoIIowing Rapanos.
? Other factors. Explain:
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
? Tributary waters: linear feet width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
? Wetlands: acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
? If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
? Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
? Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
? Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
? Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
? Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:S&ME, INC.
® 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: 1981 HEARTSEASE [NC] 1:24,000 QUAD SHEET (FIGURE 2).
® USDA Natural Resources Conservation Service Soil Survey. Citation: USDA SSURGO DATASET FOR EDGECOMBE
COUNTY (FIGURE 4).
? 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):2008 AERIAL PHOTOGRAPH (FIGURE 3).
or ® Other (Name & Date):SITE PHOTOGRAPHS (2-20-09).
? Previous determination(s). File no. and date of response letter:
? Applicable/supporting case law:
? Applicable/supporting scientific literature:
? Other information (please specify): WETLAND E IS DEPICTED AS A STREAM ON THE SOIL SURVEY MAP. DURING A
MARCH 19, 2009 SITE VISIT MARTIN RICHMOND OF NC DWQ CONCURRED THAT THE FEATURE IS NOT A STREAM
UNTIL THE HEADCUT OBSERVED OUTSIDE OF THE REVIEW AREA.
B. ADDITIONAL COMMENTS TO SUPPORT JD:
REVIEW AREA 7:
Stream 6
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:RALEIGH REGULATORY FIELD OFFICE
C. PROJECT LOCATION AND BACKGROUND INFORMATION: STREAM 6
State:NORTH CAROLINA County/parish/borough: EDGECOMBE City: TARBORO / ROCKY MOUNT
Center coordinates of site (]at/long in degree decimal format): Lat. 35.88469° N, Long. 77.65031 ° W.
Universal Transverse Mercator:
Name of nearest waterbody: MILLPOND BRANCH
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: TAR RIVER
Name of watershed or Hydrologic Unit Code (HUC): 03020103 (LOWER TAR)
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
® Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
? Office (Desk) Determination. Date:
? Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are 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): t
? TNWs, including territorial seas
? Wetlands adjacent to TNWs
® Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
? Non-RPWs that flow directly or indirectly into TNWs
? Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
? Impoundments of jurisdictional waters
? Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: 52 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/wetlands (check if applicable):3
? Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
' Boxes checked below shall be supported by completing the appropriate sections in Section III below.
Z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
' Supporting documentation is presented in Section III.F.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.I. 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. 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.BZ 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: 130 acres
Drainage area: 30 acres
Average annual rainfall: 48.23 inches
Average annual snowfall: 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 20-25 river miles from TNW.
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) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5: STREAM 6 FLOWS INTO MILLPOND BRANCH WHICH FLOWS INTO COKEY
SWAMP WHICH FLOWS INTO TOWN CREEK WHICH FLOWS INTO THE TAR RIVER, A TNW.
Note that the Instructional Guidebook contains 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 through the review area, to flow into tributary b, which then flows into TNW.
Tributary stream order, if known: 1.
(b) General Tributary Characteristics (check all that apply):
Tributary is: ? Natural
? Artificial (man-made). Explain:
® Manipulated (man-altered). Explain: STREAM HAS BEEN DITCHED THROUGH A FARM
FIELD.
Tributary properties with respect to top of bank (estimate):
Average width: 4 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: %30 JUNCUS
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: STABLE.
Presence of run/riffle/pool complexes. Explain: LARGELY ABSENT.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): <0.5 %
(c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flow events in review area/year: 20 (or greater)
Describe flow regime: FLOW LIKELY OCCURS DURING THE WINTER AND SPRING AND FOLLOWING
RAIN EVENTS.
Other information on duration and volume:
Surface flow is: Discrete and confined. Characteristics:
Subsurface flow: Pick List. Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
® OHWM6 (check all indicators that apply):
® clear, natural line impressed on the bank ?
® changes in the character of soil ?
? shelving ?
? vegetation matted down, bent, or absent ?
? leaf litter disturbed or washed away ?
® sediment deposition ?
® water staining
? other (list):
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
F1 Discontinuous OHWM.7 Explain:
If factors other than the OHWM were used to determ
? High Tide Line indicated by: ?
? oil or scum line along shore objects
? fine shell or debris deposits (foreshore)
? physical markings/characteristics
? tidal gauges
? other (list):
ine lateral extent of CWA jurisdiction (check all that apply)
Mean High Water Mark indicated by:
? survey to available datum;
? physical markings;
? vegetation lines/changes in vegetation types.
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain: WATER IS CLEAR, THOUGH POTENTIAL FOR AGRICULTURAL POLLUTANTS EXISTS.
Identify specific pollutants, if known:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
? Riparian corridor. Characteristics (type, average width):
? Wetland fringe. Characteristics:
® Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
® Aquatic/wildlife diversity. Explain findings: NUMEROUS TADPOLES WERE OVSERVED.
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/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
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:
® 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: STREAM 6 SCORED AS AN INTERMITTENT STREAM (SCORE=20) ON THE NC DWQ STREAM
IDENTIFICATION FORM. NC DWQ SCIENTISTS HAVE SHOWN THAT STREAMS DEEMED INTERMITTENT IN
NORTH CAROLINA FLOW FOR AT LEAST 3 MONTHS OF THE YEAR (SEE
HTTP://H2O.ENR.STATE.NC.US/NCWETLANDS/DOCUMENTS/SUMMARYRESEARCH] 2-18-07.PDF).
Provide estimates for jurisdictional waters in the review area (check all that apply):
® Tributary waters: 52 linear feet 4 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:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
? Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
? Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section 111.13 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.
Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
? Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
? Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.
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):"
? 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:
'See Footnote # 3.
' To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
'• 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 Memorandune Regarding CWA Act Jurisdiction FoUowing Rapanos.
? Other factors. Explain:
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
? Tributary waters: linear feet width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
? Wetlands: acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
? If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
? Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
? Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
? Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
? Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
? Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:S&ME, INC.
® 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: 1981 HEARTSEASE [NC] 1:24,000 QUAD SHEET (FIGURE 2).
® USDA Natural Resources Conservation Service Soil Survey. Citation: USDA SSURGO DATASET FOR EDGECOMBE
COUNTY (FIGURE 4).
? 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):2008 AERIAL PHOTOGRAPH (FIGURE 3).
or ® Other (Name & Date):SITE PHOTOGRAPHS (4-15-09).
? Previous determination(s). File no. and date of response letter:
? Applicable/supporting case law:
? Applicable/supporting scientific literature:
® Other information (please specify):DWQ STREAM IDENTIFICATION FORM AND USACE STREAM QUALITY
ASSESSMENT WORKSHEET. STREAM 6 DOES NOT OCCUR ON USDA SOIL SURVEY MAPS AND IS THEREFORE NOT
SUBJECT TO TAR-PAMLICO BUFFER REGULATIONS.
B. ADDITIONAL COMMENTS TO SUPPORT JD:
WETLAND DETERMINATION DATA FORMS -
ATLANTIC AND GULF COASTAL PLAIN REGION
WETLAND DETERMINATION DATA FORM - Atlantic and Gulf Coastal Plain Region
Project/Site: Line 41L (Tarboro) City/County: Edgecombe Sampling Date: 2/19/2009
Applicant/Owner: Piedmont Natural Gas State: NC Sampling Point: Wetland A
Investigator(s): 3oey Lawler Section, Township, Range:
Landform (hillslope, terrace, etc.): linear depression Local relief (concave, convex, none): Concave Slope (%): 0.5
Subregion (LRR or MLRA): LRR-P; MLRA-133A Lat: 35.8799 Long: -77.72212 Datum: NAD83
Soil Map Unit Name: Aycock very fine sandy loam, 2 to 6 percent slopes NWI classification:
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes X No
Wetland Hydrology Present? Yes X No Within a Wetland? Yes X No
Remarks:
Data point is located within a wetland.
HYDROLOGY
Wetland Hydrology Indicators: Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply) - Surface Soil Cracks (136)
_ Surface Water (Al) X Water-Stained Leaves (139) - Sparsely Vegetated Concave Surface (H)
- High Water Table (A2) X Aquatic Fauna (613) - Drainage Patterns (1310)
X Saturation (A3) - Marl Deposits (1315) (LRR U) - Moss Trim Lines (B16)
-Water Marks (61) _ Hydrogen Sulfide Odor (C1) _ Dry-Season Water Table (C2)
Sediment Deposits (132) X Oxidized Rhizospheres on Living Roots (C3) _ Crayfish Burrows (C8)
- Drift Deposits (133) - Presence of Reduced Iron (C4) - Saturation Visible on Aerial Imagery (C9)
- Algal Mat or Crust (134) - Recent Iron Reduction in Tilled Soils (C6) - Geomorphic Position (D2)
- Iron Deposits (65) _ Thin Muck Surface (C7) - Shallow Aquitard (D3)
- Inundation Visible on Aerial Imagery (137) _ Other (Explain in Remarks) - FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No X Depth (inches):
Water Table Present? Yes X No Depth (inches): 12
Saturation Present? Yes X No Depth (inches): 12 Wetland Hydrology Present? Yes X No
includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
Site contains wetland hydrology.
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version
VEGETATION - Use scientific names of plants. Sampling Point: Wetland A
Absolute Dominant Indicator Dominance Test worksheet:
Tree Stratum (Plot size: 30' ) % Cover Species? Status Number of Dominant Species
1. Liriodendron tulipifera 30 X FAC That Are OBL, FACW, or FAC: 5 (A)
2 Pinus taeda 45 X FAC
Total Number of Dominant
3. Acer rubrum 25 X FAC Species Across All Strata: 5 (B)
4. Percent of Dominant Species
5. That Are OBL, FACW, or FAC: 100 (A/B)
6
.
Prevalence Index worksheet:
7.
100 Total % Cover of: Multiply by:

5' Total Cover
=
OBL species 0 x 1 = 0
)
Sapling Stratum (Plot size: 100
50
1. Ilex opaca 15 FAC x 2 =
FACW species
2. Acer rubrum 35 FAC FAC species 200 x 3 = 600
3. Pinus taeda 40 X FAC FACU species 0 x 4 = 0
4. Liquidambar styraciflua 10 FAC UPL species 0 x 5 = 0
Column Totals: 250 (A) 700 (B)
5
6. 2.8
Prevalence Index = B/A =
7
.
100
Hydrophytic Vegetation Indicators:
Total Cover
=
Shrub Stratum (Plot size: 5' ) X Dominance Test is >50%
1. Magnolia virginiana 10 FACW X Prevalence Index is 53.01
-
Problematic Hydrophytic Vegetation' (Explain)
2. -
3.
4 'indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
5._
6 Definitions of Vegetation Strata:
7. Tree - Woody plants, excluding woody vines,
10 = Total Cover approximately 20 ft (6 m) or more in height and 3 in.
Herb Stratum (Plot size: 5' ) (7.6 cm) or larger in diameter at breast height (DBH).
1. Arundinaria gigantea 30 X FACW Sapling -Woody plants, excluding woody vines,
2. Clethra alnifolia 10 FACW approximately 20 ft (6 m) or more in height and less
than 3 in. (7.6 cm) DBH.
3
.
4. Shrub -Woody plants, excluding woody vines,
5.
approximately 3 to 20 ft (1 to 6 m) in height.
6. Herb - All herbaceous (non-woody) plants, including
7 herbaceous vines, regardless of size. Includes woody
plants, except woody vines, less than approximately
8. 3 ft (1 m) in height.
9.
10.
Woody vine - All woody vines, regardless of height.
11.
12.
40 = Total Cover
Woody Vine Stratum (Plot size: 30' )
1. Rubus sp. 10 -
2.
3.
4. Hydrophytic
5. Vegetation
10 Present? Yes X No
Total Cover
=
Remarks: (If observed, list morphological adaptati ons below).
Hydrophytic vegetation is dominant.
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version
SOIL Sampling Point: Wetland A
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Tvae Loc Texture Remarks
0-12 10y/r 3/1 100 7.5yr 4/6 10 C PL fine sandy loam
'Type: C=Concentration, D=De letion, RM=Reduced Matrix, CS=Covered or Coated Sand Grains. 2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators: Indicators for Problematic Hydric Soils3:
_ Histosol (Al) _ Poiyvalue Below Surface (S8) (LRR S, T, U) _ 1 cm Muck (A9) (LRR O)
_ Histic Epipedon (A2) _ Thin Dark Surface (S9) (LRR S, T, U) _ 2 cm Muck (A10) (LRR S)
_ Black Histic (A3) - Loamy Mucky Mineral (F1) (LRR O) - Reduced Vertic (F18) (outside MLRA 150A,B)
- Hydrogen Sulfide (A4) - Loamy Gleyed Matrix (F2) - Piedmont Floodplain Soils (F19) (LRR P, S, T)
_ Stratified Layers (A5) _ Depleted Matrix (F3) _ Anomalous Bright Loamy Soils (F20)
_ Organic Bodies (A6) (LRR P, T, U) _ Redox Dark Surface (F6) (MLRA 153B)
_ 5 cm Mucky Mineral (A7) (LRR P, T, U) _ Depleted Dark Surface (F7) _ Red Parent Material (TF2)
_ Muck Presence (A8) (LRR U) _ Redox Depressions (F8) _ Very Shallow Dark Surface (TF12) (LRR T, U)
_ 1 cm Muck (A9) (LRR P, T) _ Marl (F10) (LRR U) _ Other (Explain in Remarks)
_ Depleted Below Dark Surface (A11) - Depleted Ochric (F11) (MLRA 151)
- Thick Dark Surface (A12) Iron-Manganese Masses (F12) (LRR O, P, T) 3Indicators of hydrophytic vegetation and
_ Coast Prairie Redox (A16) (MLRA 150A) X Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present,
- Sandy Mucky Mineral (S1) (LRR O, S) _ Delta Ochric (F17) (MLRA 151) unless disturbed or problematic.
- Sandy Gleyed Matrix (S4) _ Reduced Vertic (F18) (MLRA 150A, 150B)
- Sandy Redox (S5) _ Piedmont Floodplain Soils (F19) (MLRA 149A)
- Stripped Matrix (S6) _ Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D)
X Dark Surface S7 LRR P, S, T, U
Restrictive Layer (if observed):
Type:
Depth (inches): Hyd ric Soil Present? Yes X No
Remarks:
Hydric soils are present.
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version
WETLAND DETERMINATION DATA FORM - Atlantic and Gulf Coastal Plain Region
Project/Site: Line 41L (Tarboro) City/County: Edgecombe Sampling Date: 2/1912009
Applicant/Owner: Piedmont Natural Gas State: NC Sampling Point: Upland A
Investigator(s): Joey Lawler Section, Township, Range:
Landform (hillslope, terrace, etc.): hillslope Local relief (concave, convex, none): convex Slope (%): 1
Subregion (LRR or MLRA): LRR-P; MLRA-133A Lat: 35.87808 Long: -77.72112 Datum: NAD83
Soil Map Unit Name: Aycock very fine sandy loam, 2 to 6 percent slopes NWI classification:
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No
Is the Sampled Area
Hydric Soil Present? Yes No X Within a Wetland? Yes No X
Wetland Hydrology Present? Yes No X
Remarks:
Sample point is located in an upland adjacent to Wetland A.
HYDROLOGY
Wetland Hydrology Indicators: Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply) - Surface Soil Cracks (136)
- Surface Water (Al) -Water-Stained Leaves (139) - Sparsely Vegetated Concave Surface (138)
- High Water Table (A2) -Aquatic Fauna (1313) _ Drainage Patterns (B10)
- Saturation (A3) - Marl Deposits (B15) (LRR U) _ Moss Trim Lines (B16)
-Water Marks (B1) - Hydrogen Sulfide Odor (Cl) _ Dry-Season Water Table (C2)
- Sediment Deposits (132) - Oxidized Rhizospheres on Living Roots (C3) _ Crayfish Burrows (C8)
- Drift Deposits (133) - Presence of Reduced Iron (C4) _ Saturation Visible on Aerial Imagery (C9)
- Algal Mat or Crust (134) - Recent Iron Reduction in Tilled Soils (C6) _ Geomorphic Position (D2)
_ Iron Deposits (135) _ Thin Muck Surface (C7) _ Shallow Aquitard (D3)
- Inundation Visible on Aerial Imagery (137) - Other (Explain in Remarks) _ FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No X Depth (inches): 0
Water Table Present? Yes No X Depth (inches): 0
Saturation Present? Yes No X Depth (inches): 0 Wetland Hydrology Present? Yes No X
includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
Wetland hydrology was not observed.
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version
VEGETATION - Use scientific names of plants.
Sampling Point: Upland A
Absolute Dominant Indicator Dominance Test worksheet:
Tree Stratum (Plot size: 30' ) % Cover Species? Status Number of Dominant Species
1 Pinus taeda 30 X FAC That Are OBL, FACW, or FAC: 5 (A)
2
Acer rubrum 30 X FAC
. Total Number of Dominant
3 Liquidambar styracitlua 30 X FAC Species Across All Strata: 5 (B)
4.
Percent of Dominant Species
5. That Are OBL, FACW, or FAC: 100 (A/B)
6
.
Prevalence Index worksheet:
7.
90 Total % Cover of: Multiply by:
Total Cover
=
0
0
Sapling Stratum (Plot size: 5' ) OBL species
x 1 =
FACW species 50 x 2 = 100
1 FAC species 120 x 3 = 360
2 FACU species 10 x 4 = 40
3
UPL species 0 x 5= 0
4
Column Totals: 180 (A) 500 (B)
5
6" 2.778
Prevalence Index = B/A =
7
.
Hydrophytic Vegetation Indicators:
= Total Cover
Shrub Stratum (Plot size: 5' ) X Dominance Test is >50%
1. Myrica cerifera 10 FAC X Prevalence Index is 53.0'
2. Clethra a/nifolia 20 X FACW - Problematic Hydrophytic Vegetation' (Explain)
3. Ilex opaca 10 FAC
4. Arundinaria gigantea 30 X FACW 'Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
5.
6 - Definitions of Vegetation Strata:
7• Tree - Woody plants, excluding woody vines,
70 = Total Cover approximately 20 ft (6 m) or more in height and 3 in.
Herb Stratum (Plot size: 5' ) (7.6 cm) or larger in diameter at breast height (DBH).
1. Pteridium aquilinum 10 FACU Sapling -Woody plants, excluding woody vines,
2. Andropogon virginicus 10 FAC approximately 20 ft (6 m) or more in height and less
than 3 in. (7.6 cm) DBH.
3.
.
4. Shrub -Woody plants, excluding woody vines,
approximately 3 to 20 ft (1 to 6 m) in height.
5.
6. Herb - All herbaceous (non-woody) plants, including

7 herbaceous vines, regardless of size. Includes woody
plants, except woody vines, less than approximately
8. 3 ft (1 m) in height.
9.
10. Woody vine - All woody vines, regardless of height.
11.
12.
20 = Total Cover
Woody Vine Stratum (Plot size: 30' )
1.
2.
3.
4. Hydrophytic
5. Vegetation
Present?
Yes X No
=Total Cover
Remarks: (If observed, list morphological adaptations below).
Hydrophytic vegetation is dominant.
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version
SOIL Sampling Point: Upland A
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type Loc Texture Remarks
0-0 10YR 4/2 100 loamy fine sand
0-0 10YR 5/6 100 fine sandy loam
'Type: C=Concentration, D=De letion, RM=Reduced Matrix, CS=Covered or Coated Sand Grains. 2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators: Indicators for Problematic Hydric Soils':
- Histosol (Al) - Polyvalue Below Surface (S8) (LRR S, T, U) _ 1 cm Muck (A9) (LRR 0)
_ Histic Epipedon (A2) - Thin Dark Surface (S9) (LRR S, T, U) - 2 cm Muck (A10) (LRR S)
- Black Histic (A3) - Loamy Mucky Mineral (F1) (LRR O) - Reduced Vertic (F18) (outside MLRA 150A,B)
- Hydrogen Sulfide (A4) - Loamy Gleyed Matrix (F2) - Piedmont Floodplain Soils (F19) (LRR P, S, T)
- Stratified Layers (A5) - Depleted Matrix (F3) - Anomalous Bright Loamy Soils (F20)
- Organic Bodies (A6) (LRR P, T, U) - Redox Dark Surface (F6) (MLRA 153B)
- 5 cm Mucky Mineral (A7) (LRR P, T, U) _ Depleted Dark Surface (F7) - Red Parent Material (TF2)
- Muck Presence (A8) (LRR U) - Redox Depressions (F8) - Very Shallow Dark Surface (TF12) (LRR T, U)
- 1 cm Muck (A9) (LRR P, T) - Marl (F10) (LRR U) - Other (Explain in Remarks)
- Depleted Below Dark Surface (A11) - Depleted Ochric (F11) (MLRA 151)
- Thick Dark Surface (A12) _ Iron-Manganese Masses (F12) (LRR O, P, T) 3Indicators of hydrophytic vegetation and
- Coast Prairie Redox (A16) (MLRA 150A) _ Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present,
- Sandy Mucky Mineral (S1) (LRR O, S) - Delta Ochric (F17) (MLRA 151) unless disturbed or problematic.
- Sandy Gleyed Matrix (S4) - Reduced Vertic (F18) (MLRA 150A, 150B)
Sandy Redox (S5) _ Piedmont Floodplain Soils (F19) (MLRA 149A)
_ Stripped Matrix (S6) _ Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D)
Dark Surface S7 LRR P, S, T, U
Restrictive Layer (if observed):
Type:
Depth (inches): Hydric Soil Present? Yes No X
Remarks:
Hydric soils were not observed at data point.
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version
WETLAND DETERMINATION DATA FORM - Atlantic and Gulf Coastal Plain Region
Project/Site: Line 41L (Tarboro) City/County: Edgecombe Sampling Date: 2119/2009
Applicant/Owner: Piedmont Natural Gas State: NC Sampling Point: Wetland B
Investigator(s): Joey Lawler Section, Township, Range:
Landform (hillslope, terrace, etc.): riparian edge Local relief (concave, convex, none): concave Slope (%): 0
Subregion (LRR or MLRA): LRR-P; MLRA-133A Lat: 35.88054 Long: -77.68519 Datum: NAD83
Soil Map Unit Name: Bibb soils NWI classification:
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation Soil , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No
Are Vegetation Soil , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No
Is the Sampled Area
Hydric Soil Present? Yes X No
Wetland Hydrology Present? Yes X No Within a Wetland? Yes X No
Remarks:
Data point is located in a wetland.
HYDROLOGY
Wetland Hydrology Indicators: Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply) Surface Soil Cracks (136)
Surface Water (Al) _ Water-Stained Leaves (69) _ Sparsely Vegetated Concave Surface (138)
X High Water Table (A2) -Aquatic Fauna (1313) _ Drainage Patterns (1310)
X Saturation (A3) - Marl Deposits (B15) (LRR U) - Moss Trim Lines (B16)
-Water Marks (B1) - Hydrogen Sulfide Odor (Cl) - Dry-Season Water Table (C2)
- Sediment Deposits (132) - Oxidized Rhizospheres on Living Roots (C3) _ Crayfish Burrows (C8)
- Drift Deposits (133) - Presence of Reduced Iron (C4) - Saturation Visible on Aerial Imagery (C9)
-Algal Mat or Crust (134) - Recent Iron Reduction in Tilled Soils (C6) - Geomorphic Position (D2)
- Iron Deposits (65) _ Thin Muck Surface (C7) -Shallow Aquitard (D3)
- Inundation Visible on Aerial Imagery (137) - Other (Explain in Remarks) _ FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No X Depth (inches):
Water Table Present? Yes X No Depth (inches): 5
Saturation Present? Yes X No Depth (inches): 0 Wetland Hydrology Present? Yes X No
includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
Wetland hydrology was observed.
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version
VEGETATION - Use scientific names of plants. Sampling Point: Wetland B
Absolute Dominant Indicator Dominance Test worksheet:
Tree Stratum (Plot size: 30' ) % Cover Species? Status Number of Dominant Species
1 Acer rubrum 60 X FAC That Are OBL, FACW, or FAC: 5 (A)
2
Liriodendron tulipifera 40 X FAC
. Total Number of Dominant
3. Species Across All Strata: 5 (B)
4.
Percent of Dominant Species
5. That Are OBL, FACW, or FAC: 100 (A/B)
6
.
Prevalence Index worksheet:
7.
100 Total % Cover of: Multiply by:

5' Total Cover
=
OBL species 0 x 1 = 0
)
Sapling Stratum (Plot size:
1. Acer rubrum 20 FAC FACW species 25 x 2 = 50
2 FAC species 170 x 3 = 510
3 FACU species 0 x 4= 0
4 UPL species 0 x 5= 0
5.
Column Totals: 195 (A) 560 (B)
6.
Prevalence Index = B/A = 2.872
7.
20 Hydrophytic Vegetation Indicators:
Total Cover
=
X
Shrub Stratum (Plot size: 5 ) Dominance Test is >50%
1. Ligustrum sinense 30 X FAC X Prevalence Index is <_3.0'
2.
Problematic Hydrophytic Vegetation' (Explain)
-
3.
4 'Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
5.
6 Definitions of Vegetation Strata:
7. Tree - Woody plants, excluding woody vines,
30 = Total Cover approximately 20 ft (6 m) or more in height and 3 in.
Herb Stratum (Plot size: 5' ) (7.6 cm) or larger in diameter at breast height (DBH).
1. Juncus effusus 25 X FACW Sapling -Woody plants, excluding woody vines,
2. approximately 20 ft (6 m) or more in height and less
than 3 in. (7.6 cm) DBH.
3.
4. Shrub - Woody plants, excluding woody vines,
5.
approximately 3 to 20 ft (1 to 6 m) in height.
6. Herb - All herbaceous (non-woody) plants, including
7 herbaceous vines, regardless of size. Includes woody
plants, except woody vines, less than approximately
8. 3 ft (1 m) in height.
9.
10 Woody vine - All woody vines, regardless of height.
11.
12.
25 = Total Cover
Woody Vine Stratum (Plot size: 30' )
1. Smilax sp. 10 -
2. Lonicera japonica 20 X FAC
3.
4. Hydrophytic
5. Vegetation
30 Total Cover
= Present? Yes X No
Remarks: (If observed, list morphological adaptations below).
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version
SOIL Sampling Point: Wetland B
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type Loc Texture Remarks
0-0 10YR 3/2 100 silty loam
0-0 10YR 4/2 80 10YR 6/5 20 C PL loamy fine sand
'Type: C=Concentration, D=De letion, RM=Reduced Matrix, CS=Covered or Coated Sand Grains. 2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators: Indicators for Problematic Hydric Soils':
- Histosol (Al) - Polyvalue Below Surface (S8) (LRR S, T, U) _ 1 cm Muck (A9) (LRR O)
Histic Epipedon (A2) - Thin Dark Surface (S9) (LRR S, T, U) - 2 cm Muck (A10) (LRR S)
- Black Histic (A3) - Loamy Mucky Mineral (F1) (LRR 0) - Reduced Vertic (F18) (outside MLRA 150A,B)
- Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) - Piedmont Floodplain Soils (F19) (LRR P, S, T)
- Stratified Layers (A5) X Depleted Matrix (F3) - Anomalous Bright Loamy Soils (F20)
- Organic Bodies (A6) (LRR P, T, U) _ Redox Dark Surface (F6) (MLRA 153B)
- 5 cm Mucky Mineral (A7) (LRR P, T, U) - Depleted Dark Surface (F7) - Red Parent Material (TF2)
- Muck Presence (A8) (LRR U) - Redox Depressions (F8) - Very Shallow Dark Surface (TF12) (LRR T, U)
_ 1 cm Muck (A9) (LRR P, T) - Marl (F10) (LRR U) - Other (Explain in Remarks)
- Depleted Below Dark Surface (A11) - Depleted Ochric (F11) (MLRA 151)
- Thick Dark Surface (A12) _ Iron-Manganese Masses (F12) (LRR 0, P, T) 3Indicators of hydrophytic vegetation and
- Coast Prairie Redox (A16) (MLRA 150A) _ Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present,
- Sandy Mucky Mineral (S1) (LRR 0, S) - Delta Ochric (F17) (MLRA 151) unless disturbed or problematic.
- Sandy Gleyed Matrix (S4) - Reduced Vertic (F18) (MLRA 150A, 150B)
_ Sandy Redox (S5) _ Piedmont Floodplain Soils (F19) (MLRA 149A)
- Stripped Matrix (S6) - Anomalous Bright Loamy Soils (1720) (MLRA 149A, 153C, 153D)
X Dark Surface S7 LRR P, S, T, U
Restrictive Layer (if observed):
Type:
Depth (inches): Hydric Soil Present? Yes X No
Remarks:
Hydric soil is present.
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version
WETLAND DETERMINATION DATA FORM - Atlantic and Gulf Coastal Plain Region
Project/Site: Line 41L (Tarboro) City/County: Edgecombe Sampling Date: 2119/2009
Applicant/Owner: Piedmont Natural Gas State: NC Sampling Point: Upland B
Investigator(s): Joey Lawler Section, Township, Range:
Landform (hillslope, terrace, etc.): riparian high terrace Local relief (concave, convex, none): convex Slope (%): 1
Subregion (LRR or MLRA): LRR-P; MLRA-133A Lat: 35.88057 Long: -77.68502 Datum: NAD83
Soil Map Unit Name: Bibb soils NWI classification:
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No
Is the Sampled Area
Hydric Soil Present? Yes No X within a Wetland? Yes No X
Wetland Hydrology Present? Yes No X
Remarks:
Data point is located in an upland adjacent to wetland B.
HYDROLOGY
Wetland Hydrology Indicators: Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply) _ Surface Soil Cracks (136)
_ Surface Water (A1) -Water-Stained Leaves (139) _ Sparsely Vegetated Concave Surface (138)
High Water Table (A2) _ Aquatic Fauna (613) _ Drainage Patterns (B10)
_ Saturation (A3) - Marl Deposits (615) (LRR U) _ Moss Trim Lines (1316)
-Water Marks (131) - Hydrogen Sulfide Odor (Cl) _ Dry-Season Water Table (C2)
- Sediment Deposits (132) _ Oxidized Rhizospheres on Living Roots (C3) _ Crayfish Burrows (C8)
- Drift Deposits (63) - Presence of Reduced Iron (C4) - Saturation Visible on Aerial Imagery (C9)
- Algal Mat or Crust (134) - Recent Iron Reduction in Tilled Soils (C6) - Geomorphic Position (D2)
- Iron Deposits (135) _ Thin Muck Surface (C7) - Shallow Aquitard (D3)
- Inundation Visible on Aerial Imagery (137) _ Other (Explain in Remarks) - FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No X Depth (inches): 0
Water Table Present? Yes No X Depth (inches): 0
Saturation Present? Yes No X Depth (inches): 0 Wetland Hydrology Present? Yes No X
includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
Wetland hydrology is absent.
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version
VEGETATION - Use scientific names of plants. Sampling Point: Upland B
Absolute Dominant Indicator Dom Inance Test worksheet:
Tree Stratum (Plot size: 30' ) % Cover Species? Status Number of Dominant Species
1 Ilex opaca 25 X FAC That Are OBL, FACW, or FAC: 4 (A)
2. Quercus michauxii 15 FACW
Total Number of Dominant
3. Acer rubrum 20 X FAC Species Across All Strata: 4 (B)
q Liquidambar styraciflua 15 FAC

5 Liriodendron tulipifera
15 FAC Percent of Dominant Species
100
That Are OBL, FACW, or FAC:
(A/B)
6
.
Prevalence Index worksheet:
7.
90 Total % Cover of: Multiply by:

5' = Total Cover
OBL species 0 x 1 0
=
)
Sapling Stratum (Plot size:
1. Acer rubrum 30 X FAC FACW species 15 x 2 = 30
2 FAC species 125 x 3 = 375
3 FACU species 0 x 4= 0
4 UPL species 0 x 5= 0
5.
Column Totals: 140 (A) 405 (B)
6.
Prevalence Index = B/A = 2.893
7.
30 Hydrophytic Vegetation Indicators:
= Total Cover
X
5'
Shrub Stratum (Plot size:
) Dominance Test is >50%
-
1 X Prevalence Index is53.01
2 - Problematic Hydrophytic Vegetation' (Explain)
3.
4 'Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
5.
6 Definitions of Vegetation Strata:
7. Tree - Woody plants, excluding woody vines,
= Total Cover approximately 20 ft (6 m) or more in height and 3 in.
Herb Stratum (Plot size: 5' ) (7.6 cm) or larger in diameter at breast height (DBH).
1 Sapling - Woody plants, excluding woody vines,
2. approximately 20 ft (6 m) or more in height and less
than 3 in. (7.6 cm) DBH.
3.
4. Shrub - Woody plants, excluding woody vines,
5.
approximately 3 to 20 ft (1 to 6 m) in height.
6. Herb - All herbaceous (non-woody) plants, including
7 herbaceous vines, regardless of size. Includes woody
plants, except woody vines, less than approximately
8. 3 ft (1 m) in height.
9.
10. Woody vine - All woody vines, regardless of height.
11.
12.
= Total Cover
Woody Vine Stratum (Plot size: 30' )
1. Smilax sp. 15 X --
2. Lonicera japonica 15 X FAC
3. Vitis rotundifolia 5 FAC
4.
Hydrophytic
5. Vegetation
35 Total Cover
= Present? Yes X No
Remarks: (If observed, list morphological adaptati ons below).
Hydrophytic vegetation is dominant.
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version
SOIL
Sampling Point: Upland B
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type Loc Texture Remarks
0-0 10YR 3/3 100 loamy fine sand
0-0 10YR 5/6 100 loamy fine sand
'Type: C=Concentration, D=De letion, RM=Reduced Matrix, CS=Covered or Coated Sand Grains. 2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators: Indicators for Problematic Hydric Soils':
_ Histosol (Al) _ Polyvalue Below Surface (S8) (LRR S, T, U) _ 1 cm Muck (A9) (LRR O)
_ Histic Epipedon (A2) - Thin Dark Surface (S9) (LRR S, T, U) - 2 cm Muck (A10) (LRR S)
- Black Histic (A3) - Loamy Mucky Mineral (F1) (LRR O) - Reduced Vertic (F18) (outside MLRA 150A,B)
- Hydrogen Sulfide (A4) - Loamy Gleyed Matrix (F2) - Piedmont Floodplain Soils (F19) (LRR P, S, T)
_ Stratified Layers (A5) - Depleted Matrix (F3) _ Anomalous Bright Loamy Soils (F20)
- Organic Bodies (A6) (LRR P, T, U) _ Redox Dark Surface (F6) (MLRA 153B)
- 5 cm Mucky Mineral (A7) (LRR P, T, U) - Depleted Dark Surface (F7) - Red Parent Material (TF2)
- Muck Presence (A8) (LRR U) - Redox Depressions (F8) - Very Shallow Dark Surface (TF12) (LRR T, U)
- 1 cm Muck (A9) (LRR P, T) - Marl (F10) (LRR U) - Other (Explain in Remarks)
- Depleted Below Dark Surface (A11) - Depleted Ochric (F11) (MLRA 151)
- Thick Dark Surface (A12) - Iron-Manganese Masses (1712) (LRR O, P, T) 3Indicators of hydrophytic vegetation and
- Coast Prairie Redox (A16) (MLRA 150A) _ Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present,
- Sandy Mucky Mineral (S1) (LRR O, S) _ Delta Ochric (F17) (MLRA 151) unless disturbed or problematic.
- Sandy Gleyed Matrix (S4) - Reduced Vertic (F18) (MLRA 150A, 15013)
- Sandy Redox (S5) - Piedmont Floodplain Soils (1`19) (MLRA 149A)
- Stripped Matrix (S6) - Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D)
Dark Surface S7 LRR P, S, T, U
Restrictive Layer (if observed):
Type:
Depth (inches): Hydric Soil Present? Yes No X
Remarks:
Hydric soils were not observed.
US Army Corps of Engineers Atlantic and Guff Coastal Plain Region - Interim Version
WETLAND DETERMINATION DATA FORM - Atlantic and Gulf Coastal Plain Region
Project/Site: Line 41L (Tarboro)
Applicant/Owner: Piedmont Natural Gas
Investigator(s): Joey Lawler
Landform (hillslope, terrace, etc.): riparian flat
Subregion (LRR or MLRA): LRR-P; MLRA-133A
Soil Map Unit Name: Bibb soils
Are climatic / hydrologic conditions on the site typica
Are Vegetation Soil or Hydrology _
Are Vegetation Soil or Hydrology _
City/County: Edgecwmbe Sampling Date: 212012009
State: NC Sampling Point: Wetland C
Section, Township, Range:
Local relief (concave, convex, none): none Slope (%): 0
_ Lat: 35.88101 Long: -77.67724 Datum: NAD83
NWI classification:
I for this time of year? Yes X No (If no, explain in Remarks.)
significantly disturbed? Are "Normal Circumstances" present? Yes X No
naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes X No
within a Wetland? Yes X No
Wetland Hydrology Present? Yes X No
Remarks:
Data point is located with a wetland.
HYDROLOGY
Wetland Hydrology Indicators: Secondary Indicators (minimum of two required)
Primary Indicators (minimum of ow is required: check all that apply) - Surface Soil Cracks (66)
X Surface Water (A1) X Water-Stained Leaves (139) - Sparsely Vegetated Concave Surface (138)
X High Water Table (A2) -Aquatic Fauna (613) - Drainage Patterns (B10)
X Saturation (A3) Marl Deposits (1315) (LRR U) - Moss Trim Lines (B16)
X Water Marks (61) X Hydrogen Sulfide Odor (C1) - Dry-Season Water Table (C2)
- Sediment Deposits (82) X Oxidized Rhizospheres on Living Roots (C3) _ Crayfish Burrows (C8)
- Drift Deposits (133) _ Presence of Reduced Iron (C4) - Saturation Visible on Aerial Imagery (C9)
- Algal Mat or Crust (64) - Recent Iron Reduction in Tilled Soils (C6) _ Geomorphic Position (D2)
- Iron Deposits (65) _ Thin Muck Surface (C7) - Shallow Aquitard (D3)
Inundation Visible on Aerial Imagery (B7) - Other (Explain in Remarks) - FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes X No Depth (inches): 3
Water Table Present? Yes X No Depth (inches): 0
Saturation Present? Yes X No Depth (inches): 0 Wetland Hydrology Present? Yes X No
includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
Wetland hydrology is present.
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version
VEGETATION - Use scientific names of plants. Sampling Point: Wetland C
Absolute Dominant Indicator Dominance Test worksheet:
Tree Stratum (Plot size: 30' ) % Cover Species? Status Number of Dominant Species
1. Acer rubrum 25 X FAC That Are OBL, FACW, or FAC: 3 (A)
Liriodendron tulipifera
2 25 X FAC
. Total Number of Dominant
3. Nyssa sylvatica 10 FAC Species Across All Strata: 3 (B)
q Quercus phellos 10 FACW
Percent of Dominant Species
5. That Are OBL, FACW, or FAC: 100 (A/B)
6
.
Prevalence Index worksheet:
7.
70 Total % Cover of: Multiply by:

5' Total Cover
=
OBL species 0 x 1 = 0
)
Sapling Stratum (Plot size: 140
70
1. Nyssa sylvatica 10 FAC x 2 =
FACW species
2 FAC species 70 x 3 = 210
3.
FACU species 0 x 4 = 0
4 UPL species 0 x 5= 0
5 Column Totals: 140 (A) 350 (B)
6.
Prevalence Index = B/A = 2.5
7.
10 Hydrophytic Vegetation Indicators:
Total Cover
=
X
Shrub Stratum (Plot size: 5 ) Dominance Test is >50%
X Prevalence Index is <
3
0'
1 -
.
2 _ Problematic Hydrophytic Vegetation' (Explain)
3.
4 'Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
5.
6 Definitions of Vegetation Strata:
7. Tree - Woody plants, excluding woody vines,
= Total Cover approximately 20 ft (6 m) or more in height and 3 in.
Herb Stratum (Plot size: 5' ) (7.6 cm) or larger in diameter at breast height (DBH).
1. Arundinaria gigantea 60 X FACW Sapling - Woody plants, excluding woody vines,
2. approximately 20 ft (6 m) or more in height and less
than 3 in. (7.6 cm) DBH.
3
.
4. Shrub - Woody plants, excluding woody vines,
5.
approximately 3 to 20 ft (1 to 6 m) in height.
6. Herb - All herbaceous (non-woody) plants, including
7 herbaceous vines, regardless of size. Includes woody
plants, except woody vines, less than approximately
8. 3 It (1 m) in height.
9.
10. Woody vine - All woody vines, regardless of height.
11.
12.
60 = Total Cover
Woody Vine Stratum (Plot size: 30' )
1. Smilax sp. 10 --
2.
3.
4. Hydrophytic
5. Vegetation
10 Total Cover
= Present? Yes X No
Remarks: (If observed, list morphological adaptations below).
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version
SOIL Sampling Point: Wetland C
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % me Loc Texture Remarks
0-0 10YR 3/1 100 loam
0-0 10YR 4/1 80 10YR 5/6 20 C PL fine sandy loam
'Type: C=Concentration, D=De letion, RM=Reduced Matrix, CS=Covered or Coated Sand Grains. 2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators: Indicators for Problematic Hydric Soils':
_ Histosol (Al) _ Polyvalue Below Surface (S8) (LRR S, T, U) _ 1 cm Muck (A9) (LRR 0)
_ Histic Epipedon (A2) - Thin Dark Surface (S9) (LRR S, T, U) - 2 cm Muck (A10) (LRR S)
- Black Histic (A3) - Loamy Mucky Mineral (F1) (LRR 0) - Reduced Vertic (F18) (outside MLRA 150A,B)
- Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) - Piedmont Floodplain Soils (F19) (LRR P, S, T)
- Stratified Layers (A5) X Depleted Matrix (F3) - Anomalous Bright Loamy Soils (F20)
- Organic Bodies (A6) (LRR P, T, U) - Redox Dark Surface (F6) (MLRA 153B)
- 5 cm Mucky Mineral (A7) (LRR P, T, U) _ Depleted Dark Surface (F7) - Red Parent Material (TF2)
- Muck Presence (A8) (LRR U) - Redox Depressions (F8) - Very Shallow Dark Surface (TF12) (LRR T, U)
- 1 cm Muck (A9) (LRR P, T) - Marl (F10) (LRR U) - Other (Explain in Remarks)
- Depleted Below Dark Surface (A11) - Depleted Ochric (F11) (MLRA 151)
_ Thick Dark Surface (A12) Iron-Manganese Masses (F12) (LRR 0, P, T) 3Indicators of hydrophytic vegetation and
_ Coast Prairie Redox (A16) (MLRA 150A) X Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present,
- Sandy Mucky Mineral (S1) (LRR 0, S) - Delta Ochric (F17) (MLRA 151) unless disturbed or problematic.
_ Sandy Gleyed Matrix (S4) - Reduced Vertic (F18) (MLRA 150A, 150B)
_ Sandy Redox (S5) - Piedmont Floodplain Soils (F19) (MLRA 149A)
- Stripped Matrix (S6) - Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D)
Dark Surface S7 LRR P, S, T, U
Restrictive Layer (if observed):
Type:
Depth (inches): Hydric Soil Present? Yes X No
Remarks:
Hydric soils are present.
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version
NORTH CAROLINA DIVISION OF WATER QUALITY -
STREAM IDENTIFICATION FORMS
North Carolina Division of Water Quality - Stream Identification Form; Version 3.1
Date: 2/19/2009 Project Line 41L(Tarboro) Latitude: 35.87842°N
Evaluator: S&ME (Suzanne Knudsen) Site: Stream 1
Longitude: 77.7173°W
Total Points 21 County: Edgecombe Other
Stream is at least intermittent
H Z 19 or perennial ifs 30 e.g. Quad Name:
A. Geomorphology (Subtotal = 11 ) Absent Weak Moderate Strong
1a. Continuous bed and bank 3
2. Sinuosity
3. In-channel structure: riffle-pool sequence
4. Soil texture or stream substrate sorting 0
- 5. Active/relic oodplain 3
Depositional bars or benches
---mac aanne-F---_-- - - o -- -
- Recent a uvia Visits
a. Natural levees 0
10. Head cuts 0
11. Grade con r0 s - 0.5
12. Natural valley or drainageway 0.5
13. Second or greater or er on existing
USGS or NRCS map or other documented
evidence.
No = 0
a. man-made ditches are not rated: see discussions in manual
B. Hvdroloav (Subtotal = 6 )
14. Groundwater flow/discharge
15. Water in channel and > 48 hours since rain or
Water in channel -- dry or growing season
16. Leaflitter 1.5
1
7. Sediment on plants or debris
-
0.5
18.
organic ens Ines or pies rac ines
-.__-
0.5 _
19- y nc soils re oximorp is features) presents - Yes =1.5
C. Bloloav (Subtotal = 4 )
20b. Fibrous roots in channel 2
21b. Rooted plants in channel
_
22. Crayfish
0
23. Bivalves 0
24. Fish 0
25. Amphibians 0.5
26. Macrobenthos (note diversity and abundance) 0.5
27. Filamentous algae; periphyton 0
28. Iron bacteria/fun us 0
29b. Wetland plants in streambed None = 0
o. nerns zv anu z i focus on me presence or upiana plants. item za focuses on the presence of aquatic or wetland plants
Notes: (use back side of this form for additional notes) Sketch:
Intermittent. Isopods and amphipods were observed.
North Carolina Division of Water Quality - Stream Identification Form; Version 3.1
Date: 2/19/2009 Project Line 41L (Tarboro) Latitude: 35.87992'N
Evaluator: S&ME (Suzanne Knudsen) Site: Stream 2 Longitude: 77,69649°W
Total Points 35 5 County: Edgecombe Other
stream is at least intermittent
H z 19 or perennial if a 30 ' e.g. Quad Name:
A. Geomorphology (Subtotal= 14.5) Absent Weak Moderate Strong
la. Continuous bed and bank 2
2. Sinuosity
3. In-channel structure: riffle-pool sequence i
4. oiltexture or stream substrate sorting
Active/relic oo p aln - 3
Depositional bars or benches
-
-
1. braidec?c h
a
nne
_ 0
-ffecent afluvlaI
deposits - ---
a. Natural levees 0
10. Head cuts 0 - ---
11. Grade contro ss - o- -
12. Natural valley or drainageway 1.5
13. Second or greater or er on existing
USGS or NRCS map or other documented
evidence.
Yes = 3
a. man-made ditches are not rated; see discussions in manual
B. Hvdrologv (Subtotal= 11
14. Groundwater flow/discharge 3
15. Water in channel and > 48 hours since rain or
Water in channel -- dry or growing season 3
16. Leaflitter 1.5
17. Sediment on plants or debris 1
18. organic -de CIS Ines or piles (Wrack lines) - - 1
19. y ri soils re oximorp Ic features) present'? - Yes = 1.5
C. Bloloav (Subtotal = 1( )
20b. Fibrous roots in channel 3
21 b. Rooted plants in channel 1
22. Crayfish 0
23. Bivalves 0
24. Fish 0
25. Amphibians 0.5
26. Macrobenthos (note diversity and abundance) 1
27. Filamentous algae; periphyton 3
28. Iron bacteria/fun us 0
29b. Wetland plants in streambed oBl- = 1.5
D. nems zu ana L1 rocus on the presence of upland plants. Item 29 focuses on the presence of aquatic or wetland plants
Notes: (use back side of this form for additional notes) Sketch:
Perennial. Isopods and amphipods were observed.
North Carolina Division of Water Quality - Stream Identification Form; Version 3.1
Date: 4/15/2009 Project Line 41 L (Tarboro)
Latitude: 35.88469°N
Evaluator: S&ME (D. David Homans) Site: Stream 6
Longitude: 77.65031 °W
Total Points 20
Stream is at least intermittent
rf t 19 or perennial if t 30 County: Edgecombe Other

e.g. Quad Name:
A. Geomorphology (Subtotal = 6.5 ) Absent Weak Moderate Strong
1 a. Continuous bed and bank 2
2. Sinuosity 0
3. In-channel structure: riffle-pool sequence 1
4. Soil texture or stream substrate sorting 0
c ive re is oo p aln 0
epos) Iona bars or benches 1
Braided channel 0 _
Recent alluvial deposits 2
a. aura evees 0
10. Head cuts 0 _
- 1. Grade controls 0
12. Natural valley or drainageway 0.5
13. Second or greater or er on existing
USGS or NRCS map or other documented
evidence.
No= 0
a. man-made ditches are not rated: see discussions in manual
B. Hvdroloav (Subtotal = 6.5 )
14. Groundwater flow/discharge 1
15. Water in channel and > 48 hours since rain or
Water in channel -- dry or growing season 1
16. Leaflitter 0.5 _
17. Sediment on plants or debris 1.5
18. Organ ic ens lines or pies (Wrack lines) 1
19. y ric soils (redoximorphic features) present? Yes 1.5
C. Bloloav (Subtotal = 7 )
20b. Fibrous roots in channel 1
21b. Rooted plants in channel 1
22. Crayfish 0
23. Bivalves 0
24. Fish 0
25. Amphibians 1
26. Macrobenthos (note diversity and abundance) 0.5
27. Filamentous algae; periphyton 2
28. Iron bacteria/fun us 0
29b. Wetland plants in streambed OBL = 1.5
b. Items 20 and 21 focus on the presence of upland plants. Item 29 focuses on the presence of aquatic or wetland plants
Notes: (use back side of this form for additional notes) Sketch:
Tadpoles and waterstriders were observed
U.S. ARMY CORPS OF ENGINEERS -
STREAM QUALITY ASSESSMENT WORKSHEETS
USACOE Aid # DWQ # Site # (indicate on attached map)
0 STREAM QUALITY ASSESSMENT WORKSHEET -AW
Provide the following information for the stream reach under assessment:
1. Applicant's name: Piedmont Natural Gas
3. Date of Evaluation: 2/19/2009
5. Name of stream: Stream 1
7. Approximate drainage area: 35 acres
9. Length of reach evaluated: 50 feet
11.Site coordinate(if known): prefer in decimal degrees
Latitude (ex. - 34.872312) 35.87842°N
2. Evaluator's name: SBME (Suzanne Knudsen)
4. Time of Evaluation: 03:15:20pm
6. River basin: Lower Tar
8. Stream order: 1
10. County: Edgecombe
11. Subdivision name (if any):
Longitude (ex. - 77.55661) 77.7173°W
Method location determined ?GPS ?Topo Sheet vOrtho (Aerial Photo/GIS) /Other GIS Other
13. Location of reach under evaluation (note the nearby roads and landmarks and attach a map identifying stream's location):
West of Bullock School Rd. Crossing.
14. Proposed channel work (if any): utility crossing
15. Recent weather conditions: rain, mild
16. Site conditions at time of visit: sunny windy cool
17.Identify any special waterway classification known: Section 10 Tidal Waters Essential Fisheries Habitat
Trout Waters Outstanding Resource Waters Nutrient Sensitive Waters Water Supply Watershed (i-IV)
18. Is there a pond or lake located upstream of the evaluation reach? YES If yes, estimate the water surface area: 0.5 acre
19. Does the channel appear on a USGS quad map? YES 20. Does channel appear on USDA Soil Survey: yes
0 % Residential 0 % Commercial 0 % Industrial 95 % Agricultural
21. Estimated watershed land use: 5 % Forested 0 % Cleared/Logged 0 % Other
22. Bankfull width: 6'
23. Bankfull height (from bed to top of bank):
24. Channel slope down center of stream: X Flat (0-2%) Gentle (2-4%) Moderate (4-10%)
25. Channel sinuosity: Straight X Occasional bends Frequent meander Very sinuous
Instruction for completion of worksheet (located on page 2):
4'
Steep (>10%)
Braided channel
Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the
same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics
identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If characteristic cannot be evaluated due to site or
weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under
review (e.g., the stream flows from the pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to
evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality.
Total Score (from reverse):
37
Comments: Intermittent. Isopods and amphipods were observed.
?---
Evaluators Signature: 0 ?' ? i ? Date: 2/19/2009
This channel evaluation form is in nded to be used only as a guide to assist landowners and environmental professionals in gathering
the data required by the United States Corps of Engineers to make a preliminary assessment of stream quality. The total score
resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement.
Form subject to change - version 06/03. To comment, please call 919-876-8441 x 26
1
STREAM QUALITY ASSESSMENT WORKSHEET
`ECORE GION POINT RANGE
SCORE
# CHARACTERISTICS `
-Coastal Piedmont Mountain
1 Presence of flow / persistent pools in stream 0-5 04 0-5 1
(no flow or saturation = 0; strong flow = max points)
2 Evidence of past human alteration 0-6 0-5 0-5 1
(extensive alteration = 0; no alteration = max points)

3 Riparian zone
0-6
0-4
0-5
0
no buffer = 0; contiguous, wide buffer = max points)

4 Evidence of nutrient or chemical discharges
0-5
0-4
0-4
2
extensive discharges = 0; no discharges = max points)
a -5 Groundwater discharge 0-3 04 0-4 3
(no discharge = 0; springs, seeps, wetlands, etc. = max points)

6 Presence of adjacent floodplain
0-4
0-4
0-2
4
no flood lain = 0; extensive flood lain = max points)
7 Entrenchment / floodplain access 0-5 04 0-2 3
a (deeply entrenched = 0; frequent flooding = max points)

8 Presence of adjacent wetlands
j
0-6
0-4
0-2
0
acent wetlands = max points)
no wetlands = 0; large ad
9 Channel sinuosity 0-5 0-4 0-3 1
(extensive channelization = 0; natural meander = max points)
10 Sediment input 0-5 04 0-4 3
(extensive deposition= 0; little or no sediment = max points)
11 Size & diversity of channel bed substrate NA* 0-4 0-5 1
(fine, homogenous = 0; large, diverse sizes = max points)

12 Evidence of channel incision or widening
0-5
0-4
0-5
1
>0 (deeply incised = 0; stable bed & banks = max points)

13 Presence of major bank failures
0-5
0-5
0-5
4
(severe erosion = 0; no erosion, stable banks = max points)
14 Root depth and density on banks 0-3 0-4 0-5 3
E,,{ (no visible roots = 0; dense roots throughout = max points)
15 Impact by agriculture, livestock, or timber production 0-5 0-4 0-5 0
(substantial impact =0; no evidence = max points)
16 Presence of riffle-pool/tipple-pool complexes 0-3 0-5 0-6 1
no riffles/ripples or pools = 0; well-developed = max oints
F-? 17 Habitat complexity 0-6 0-6 0-6 2
(little or no habitat = 0; frequent, varied habitats = max points)

18 Canopy coverage over streambed
0-5
0-5
0-5
0
(no shading vegetation = 0; continuous canopy = max points)
19 Substrate embeddedness NA* 0-4 0-4 1
(deeply embedded = 0; loose structure = max)
20 Presence of stream invertebrates (see page 4) 0-4 0-5 0-5 2
(no evidence = 0; common, numerous types = max points)
?+ 21 Presence of amphibians 0-4 0-4 0-4 1
(no evidence = 0; common, numerous types = max points)
O 22 Presence of fish 0-4 0-4 0-4 0
C (no evidence = 0; common, numerous types = max points)

23 Evidence of wildlife use
0-6
0-5
0-5
3
(no evidence = 0; abundant evidence = max points)
Total Points Possible 100 100 100
TOTAL SCORE (also enter on first page) - 37
*These characteristics are not assessed in coastal streams
USACOE Aid # DWQ # Site # (indicate on attached map)
0 STREAM QUALITY ASSESSMENT WORKSHEET _AW
Provide the following information for the stream reach under assessment:
1. Applicant's name: Piedmont Natural Gas 2. Evaluator's name: S&ME (Suzanne Knudsen)
3. Date of Evaluation: 2/1912009 4. Time of Evaluation: 04:02:32pm
5. Name of stream: Stream 2 6. River basin: Lower Tar
7. Approximate drainage area: 80 acres 8. Stream order: 1
9. Length of reach evaluated: 100 feet 10. County: Edgecombe
11.Site coordinate(if known): prefer in decimal degrees 11. Subdivision name (if any):
Latitude (ex. - 34.872312) 35.87992°N Longitude (ex. - 77.55661) 77.69649°W
Method location determined ?GPS ?Topo Sheet /Ortho (Aerial Photo/GIS) /Other GIS Other
13. Location of reach under evaluation (note the nearby roads and landmarks and attach a map identifying stream's location):
Near driveway off of Bullock School Rd.
14. Proposed channel work (if any): utility crossing
15. Recent weather conditions: rain, mild
16. Site conditions at time of visit: sunny windy cool
17.Identify any special waterway classification known: Section 10 Tidal Waters Essential Fisheries Habitat
Trout Waters Outstanding Resource Waters Nutrient Sensitive Waters Water Supply Watershed (I-IV)
18. Is there a pond or lake located upstream of the evaluation reach? NO If yes, estimate the water surface area:
19. Does the channel appear on a USGS quad map? YES 20. Does channel appear on USDA Soil Survey: yes
0 % Residential 0 % Commercial 0 % Industrial _85 % Agricultural
21. Estimated watershed land use: 15 % Forested 0 % Cleared/Logged 0 % Other
22. Bankfull width: 12' 23. Bankfull height (from bed to top of bank): 1'
24. Channel slope down center of stream: Flat (0-2%) X Gentle (2-4%) Moderate (4-10%) Steep (>10%)
25. Channel sinuosity: Straight X Occasional bends Frequent meander Very sinuous Braided channel
Instruction for completion of worksheet (located on page 2):
Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the
same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics
identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If characteristic cannot be evaluated due to site or
weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under
review (e.g., the stream flows from the pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to
evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality.
Total Score (from reverse): 4$ Comments: Perennial. Isopods and amphipods were observed.
Evaluators Signature: Date: 2/19/2009
This channel evaluation form is in nded to be used only as a guide to assist landowners and environmental professionals in gathering
the data required by the United States Corps of Engineers to make a preliminary assessment of stream quality. The total score
resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement.
Form subject to change - version 06/03. To comment, please call 919-876-8441 x 26
1
STREAM QUALITY ASSESSMENT WORKSHEET

#
CHARACTERISTICS ECORE GION POINT; RANGE
SCORE
Coastal Piedmont Mountain
1 Presence of flow / persistent pools in stream 0
5 0 1
(no flow or saturation = 0; strong flow = max points) - 4 0-5

2 Evidence of past human alteration
0-6
0-5
0-5
1
(extensive alteration = 0; no alteration = max points)
3 Riparian zone 0-6 04 0-5 2
(no buffer = 0; contiguous, wide buffer = max points)
4 Evidence of nutrient or chemical discharges
0
5
4
0
2
extensive discharges = 0; no discharges = max points) - - 0-4
a
5
`
Groundwater discharge
0-3
04
0-4
3
U (no discharge = 0; springs, seeps, wetlands, etc. = max points)
?., Presence of adjacent floodplain
6 (no flood lain = 0; extensive flood lain = max points) 0-4 0-4 0-2 4
- a` 7 Entrenchment / floodplain access

(deeply entrenched = 0; frequent flooding = max points) 0-5 04 0-2 3
8 Presence of adjacent wetlands

(no wetlands = 0; large adjacent wetlands = max points) 0-6 0-4 0-2 0
9 Channel sinuosity
(extensive channelization = 0; natural meander = max points) 0-5 0-4 0-3 1
10 Sediment input 0-5 0-4 0-4 2
(extensive deposition= 0; little or no sediment = max points)
11 Size & diversity of channel bed substrate *

(fine, homogenous = 0; large, diverse sizes = max points) NA 04 0-5 1
12 Evidence of channel incision or widening

>0
(deeply incised = 0; stable bed & banks = max points) 0-5 0-4 0-5 3
E* 13 Presence of major bank failures

0.4
(severe erosion = 0; no erosion, stable banks = max points) 0-5 0-5 0-5 4

? 14 ° Root depth and density on banks
E
- (no visible roots = 0; dense roots throughout = max points) 0-3 0-4 0-5 3
15 Impact by agriculture, livestock, or timber production
(substantial impact =0; no evidence = max points) 0-5 0-4 0-5 1
16 presence of riffle-pool/ripple-pool complexes

no riffles/ripples or pools = 0; well-developed = max points) 0-3 0-5 0-6 2
?o 17 Habitat complexity
(little or no habitat = 0; frequent, varied habitats = max points) 0-6 0-6 0-6 2

18 Canopy coverage over streambed

Z
(no shading vegetation = 0; continuous canopy = max points) 0-5 0-5 0-5 1

x' 19 Substrate embeddedness *

(deeply embedded = 0; loose structure = max) NA 0-4 0-4 2
20 Presence of stream invertebrates (see page 4)

(no evidence = 0; common, numerous types = max points) 0-4 0-5 0-5 2
>0 21 Presence of amphibians

(no evidence = 0; common, numerous types = max points) 0-4 0-4 0-4 1

Oa 22 Presence of fish
(no evidence = 0; common, numerous types = max points)
0-4
0-4
0-4
0
pa 23 Evidence of wildlife use
no evidence = 0; abundant evidence = max oints 0-6 0-5 0-5 2
Total Points Possible 100 100 100
TOTAL SCORE (also enter on first page) 43
*These characteristics are not assessed in coastal streams
USACOE Aid # DWQ # Site # (indicate on attached map)
a STREAM QUALITY ASSESSMENT WORKSHEET AQF
Provide the following information for the stream reach under assessment:
1. Applicant's name: Piedmont Natural Gas 2. Evaluator's name: SBME (D. David Homans)
3. Date of Evaluation: 4/15/2009 4. Time of Evaluation: 12:36:05pm
5. Name of stream: Stream 6 6. River basin: Upper Tar
7. Approximate drainage area: 30 acres 8. Stream order: 1
9. Length of reach evaluated: 100 feet 10. County: Edgecombe
11.Site coordinate(if known): prefer in decimal degrees 11. Subdivision name (if any):
Latitude (ex. - 34.872312) 35.88469°N Longitude (ex. - 77.55661) 77.65031°W
Method location determined ?GPS ?Topo Sheet ?Ortho (Aerial Photo/GIS) .Other GIS Other
13. Location of reach under evaluation (note the nearby roads and landmarks and attach a map identifying stream's location):
near Harts Mill Run Rd
14. Proposed channel work (if any): utility crossing
15. Recent weather conditions: light rain
16. Site conditions at time of visit: clear
17.Identify any special waterway classification known: Section 10 Tidal Waters Essential Fisheries Habitat
Trout Waters Outstanding Resource Waters Nutrient Sensitive Waters Water Supply Watershed (I-IV)
18. Is there a pond or lake located upstream of the evaluation reach? NO If yes, estimate the water surface area:
19. Does the channel appear on a USGS quad map? NO 20. Does channel appear on USDA Soil Survey:
0 % Residential 0 % Commercial 0 % Industrial 80 % Agricultural
21. Estimated watershed land use: 20 % Forested 0 % Cleared/Logged 0 % Other
22. Bankfull width: 4' 23. Bankfull height (from bed to top of bank): 2'
24. Channel slope down center of stream: X Flat (0-2%) Gentle (2-4%) Moderate (4-10%) Steep (>10%)
25. Channel sinuosity: X Straight Occasional bends Frequent meander Very sinuous Braided channel
Instruction for completion of worksheet (located on page 2):
Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the
same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics
identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If characteristic cannot be evaluated due to site or
weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under
review (e.g., the stream flows from the pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to
evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality.
Total Score (from reverse): 36 Comments: Tadpoles and waterstriders were observed
Evaluators Signature: Date: 4/15/2009
This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering
the data required by the United States Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting
from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement.
Form subject to change - version 06/03. To comment, please call 919-876-8441 x 26
1
STREAM QUALITY ASSESSMENT WORKSHEET
ECORE GION POINT RANGE
# CHARACTERISTICS SCO
RE
Coastal Piedmont Mountain

1 Presence of flow / persistent pools in stream
0-5
0-4
0-5
2
no flow or saturation = 0; strop flow = max points)
2 Evidence of past human alteration 0-6 0-5 0-5 0
extensive alteration = 0; no alteration = max points)

3 Riparian zone
0-6
0-4
0-5
2
no buffer = 0; contiguous, wide buffer = max points)

4 Evidence of nutrient or chemical discharges
0-5
0-4
0-4
2
extensive discharges = 0; no discharges = max points)
,.a 5 Groundwater discharge 0-3 0-4 04 2
U (no discharge = 0; springs, seeps, wetlands, etc. = max points)

6 Presence of adjacent floodplain
0-4
0-4
0-2
2
no flood lain = 0; extensive flood lain = max points)
Entrenchment / floodplain access 0
5 0
4 0
2 1
a (deeply entrenched = 0; frequent flooding = max points) - - -
8 Presence of adjacent wetlands
j 0-6 0-4 0-2 1
no wetlands = 0; large ad
acent wetlands = max points)

9 Channel sinuosity
0-5
0-4
0-3
0
extensive channelization = 0; natural meander = max points)
10 Sediment input 0-5 0-4 0-4 3
extensive de osition= 0; little or no sediment = max points)

11 Size & diversity of channel bed substrate
*

fine, homogenous = 0; large, diverse sizes = max points) NA 0-4 0-5 0
12 Evidence of channel incision or widening 0-5 0-4 0-5 4
>4 (deeply incised = 0; stable bed & banks = max points)
*0
13 Presence of major bank failures
0-5
0-5
0-5
4
(severe erosion = 0; no erosion, stable banks = max points
14 Root depth and density on banks
0-3
0-4
0-5
2
H
(no visible roots = 0; dense roots throughout = max points)
15 Impact by agriculture, livestock, or timber production

substantial impact =0; no evidence = max points) 0-5 0-4 0-5 1
16 Presence of riffle-pool/ripple-pool complexes

no riffles/ripples or pools = 0; well-developed = max points) 0-3 0-5 0-6 1
F* 17 Habitat complexity 0-6 0-6 0-6 1
< (little or no habitat = 0; frequent, varied habitats = max points)
?
18 Canopy coverage over streambed
M (no shading vegetation = 0; continuous canopy = max points) 0-5 0-5 0-5 2
19` Substrate embeddedness *

(deeply embedded = 0; loose structure = max) NA 0-4 0-4 0
20 Presence of stream invertebrates (see page 4)

(no evidence = 0; common, numerous types = max points) 0-4 0-5 0-5 1
>1 21 Presence of amphibians

no evidence = 0; common, numerous types = max points) 0-4 0-4 0-4 3
O
a 22 Presence of fish 0-4 04 0-4 0
0 (no evidence = 0; common, numerous types = max points)
23 Evidence of wildlife use
0-6
0-5
0-5
2
no evidence = 0; abundant, evidence = max points)
Total Points Possible 100 100 100
TOTAL SCORE (also' enter on first page) 36
*These characteristics are not assessed in coastal streams
United States Department of the Interior
` o FISH AND WILDLIFE SERVICE
Ralei?,,h Field Office
Post Office Box 33726
?'4RC a ?0A RaleiQh, North Carolina 27636-3726
March 9, 2009
Crystal J. Fox
S&ME
9751 Southern Pine Boulevard
Charlotte, NC 28273-5560
Re: Piedmont Natural (.as Une 4IL- Edgecotrth° County, NC
Dear Ms. Fox:
This letter is to inform you that a list of all federally-protected endangered and threatened species
with known occurrences in North Carolina is now available on the U.S. Fish and Wildlife
Service's (Service) web page at littp://www.fws.gov/raleigh. Therefore, if you have projects that
occur within the Raleigh Field Office's area of responsibility (see attached county list), you no
longer need to contact the Raleigh Field Office for a list of federally-protected species.
Our web page contains a complete and frequently updated list of all endangered and threatened
species protected by the provisions of the Endangered Species Act of 1973, as amended (16
U.S.C. 1531 et seq.)(Act), and a list of federal species of concern' that are known to occur in
each county in North Carolina.
Section 7 of the Act requires that all federal agencies (or their designated non-federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally-listed endangered or threatened species. A biological assessment or evaluation may be
prepared to fulfill that requirement and in.determining whether additional consultation with the
Service :s necessary. In addition to, the federally-protected species list, information or the
species' life, histories and habitats and information on completing a biological assessment or
evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the
web site often for updated information or changes.
I The term "federal species of concern" refers to those species which the Service believes might be in need of
concentrated conservation actions. Federal species of concern receive no legal protection and their designation does
not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened
species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to
federal species of concern.
If your project contains suitable habitat for any of the federally-listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
the species' presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally-protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.
With regard to the above-referenced project, we offer the following remarks. Our comments are
submitted pursuant to, and in accordance with, provisions of the Endangered Species Act.
Based on the information provided and other information available, it appears that the proposed
action is not likely to adversely affect any federally-listed endangered or threatened species, their
formally designated critical habitat, or species currently proposed for listing under the Act at
these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for
your project. Please remember that obligations under section 7 consultation must be
reconsidered if: (l) new information reveals impacts of this identified action that may affect
listed species or critical habitat in a manner not previously considered; (2) this action is
subsequently modified in a manner that was not considered in this review; or, (3) a new species
is listed or critical habitat determined that may be affected by the identified action.
However, the Service is concerned about the potential impacts the proposed action might have
on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we
recommend that all practicable measures be taken to avoid adverse impacts to aquatic species,
including implementing directional boring methods and stringent sediment and erosion control
measures. An erosion and sedimentation control plan should be submitted to and approved by
the North Carolina Division of Land Resources, Land Quality Section prior to construction.
Erosion and sedimentation controls should be installed and maintained between the construction
site and any nearby down-gradient surface waters. In addition, we recommend maintaining
natural, vegetated buffers on all streams and creeks adjacent to the project site.
The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a
copy can be found on our website at (http://www.fws.gov/raleigh) to address and mitigate
secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality.
We recommend that you consider this document in the development of your projects and in
completing an initiation package for consultation (if necessary).
2
We hope you find our web page useful and informative and that following the process described
above will reduce the time required; and eliminate the need,
le ,for teneral act Mark Bowers eof ihiosroffice
please
species' lists. If you have any questions or comments,
at [phone] ext. 19.
Sincerely,
Pete Benjamin
Field Supervisor
3
RUM
North Carolina Department of Environment and Natural Resources
Division of Natural Resources Planning and Conservation
Beverly Eaves Perdue, Governor
Linda Pearsall Director
February 27', 2009
Dee Freeman, Secretary
Ms. Crystal J. Fox
S&ME, Inc.
9751 Southern Pine Boulevard
Charlotte, NC 28273-5560
Subject: Piedmont Natural Gas Line 41L; Edgecombe County
S&ME Project No. 1357-09-001
Dear Ms. Fox:
The Natural Heritage Program has no record of rare species or conservation/managed areas at the site nor
within a mile of the project area. However, the proposed line passes through a Regionally significant
natural area identified as Cokey Swamp (see enclosed map). Your letter and aerial photos indicate that
there is already a natural gas pipeline clearing though the natural area., and the new line will parallel this
existing one. Thus, there will likely be little additional impact to the site, though it is hoped that little if
any removal of trees will be necessary within the swamp.
You may wish to check the Natural Heritage Program database website at www.ncnhp.org for a listing of
rare plants and animals and significant natural communities in the county and on the quad map. Our
Program also has a new website that allows users to obtain information on element occurrences and
significant natural heritage areas within two miles of a given location:
<http://nhpweb.enr.state.nc.us/nhis/public/gmap75_main.phtml>. The user name is "public" and the
password is "heritage". You may want to click "Help" for more information.
NC OneMap now provides digital Natural Heritage data online for free. This service provides site
specific information on GIS layers with Natural Heritage Program rare species occurrences and
Significant Natural Heritage Areas. The NC OneMap website provides Element Occurrence (EO) ID
numbers (instead of species name), and the data user is then encouraged to contact the Natural Heritage
Program for detailed information. This service allows the user to quickly and efficiently get site specific
NHP data without visiting the NHP workroom or waiting for the Information Request to be answered by
NHP staff. For more information about data formats and access, visit <www.nconemap.com>, then click
on "FTP Data Download", and then "nheo.zip" [to the right of "Natural Heritage Element Occurrences"]
You may also e-mail NC OneMap at <datagCncmaiI net> for more information.
Please be aware that you used an outdated address, which has delayed our response by at least two
weeks. Our current address is: N.C. Natural Heritage Program, 1601 MSC, Raleigh, NC 27699-1601.
Please do not hesitate to contact me at 919-715-8697 if you have questions or need further information.
Sincerely,
? fem..,:
HarryE. LeGrand, Jr., Zoologist
Natural Heritage Program
One
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
North Car-oli n a.
Phone: [phone] FAX: [phone] Internet: www.oneNCNaturally.org Natimally
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Oiaw
North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter B. Sandbeck, Administrator
Beverly Eaves Perdue, Governor Office of Archives and I Estory
Linda A. Carlisle, secretary Division of Historical Resources
Jeffrey J. Crow, Deputy Secretary David Brook, Director
March 20, 2009
Crystal Fox
S&ME, Inc.
9751 Southern Pine Boulevard
Charlotte, NC 28273-5560
Re: Piedmont Natural Gas Line 41L, S&ME Project 1357-09-001, Edgecombe County, ER 09-0369
Dear Ms. Fox:
Thank you for your letter of February 23, 2009, concerning the above project.
We have conducted a review of the project and are aware of no historic resources which would be affected by
the project Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
please contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579. In all future
communication concerning this project, please cite the above-referenced tracking number.
Sincerely,
?5?uu -?Q?
ter Sandbeck
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4017 Mail Scrvice Center, Walcigh NC 27699-4617 Telephone/Fax- [phone]/807-6599
S&ME
Celebrating 35 Years
1973.2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
February 23, 2009
North Carolina Natural Heritage Program
Division of Parks and Recreation
1615 Mail Service Center
Raleigh, North Carolina 27699-1615
Attention: Mr. Harry LeGrand, Zoologist
Reference: Information Request
Piedmont Natural Gas Line 41L
Edgecombe County, North Carolina
S&ME Project No. 1357-09-001
Dear Mr. LeGrand:
This letter is in reference to a proposed four-mile, six-inch diameter natural gas pipeline
in Edgecombe County, N.C. The proposed pipeline will parallel an existing 30-foot
maintained natural gas pipeline easement. The new pipeline will originate approximately
0.75 mile east of the N.C. Highway 43 North and Bulluck School Road intersection in
Edgecombe County (35.878°N, 77.728°W) and extend east, for approximately four miles,
to its terminus east of Nobles Mill Pond Road and north of Harts Mill Run Road
(35.885°N, 77.652°W).
The location of the study corridor is depicted on the Site Vicinity Map (Figure 1),
appropriate portions of the Pinetops, N.C (1980) and Heartsease, N.C. (1981) USGS
Topographic Map (Figure 2), and an Aerial Photograph dated 2002 (Figure 3).
The study corridor is 60-feet wide, of which 30 feet is existing maintained easement.
Portions of the easement traverse active agricultural field. In these areas, no clearing will
be necessary either within the existing easement or the adjacent new 30-foot addition.
The corridor also traverses wooded riparian areas, which include two named streams:
Cabin Branch, and Mill Pond Branch. The corridor additionally traverses Cokey Swamp.
S&ME, Inc. (S&ME) recently conducted a review of the North Carolina Natural Heritage
Program (NCNHP) Geographic Information Systems (GIS) Virtual Workroom for a
listing of ele%ent occurrences (EOs) of rare species or natural communities within or
near the study corridor. This review revealed two EOs within a two-mile radius of the
selected points, neither of which is federally protected. EO point locations were at the
intersection of N.C. Highway 43 North and Bulluck School Road and at Nobles Mill
Pond Road.
S&ME, INC. / 9751 Southern Pine Boulevard / Charlotte, NC 28273-5560 / p 704.523.4726 / 704.525.3953 / www.smeinc.com
Information Request SWE Project No. 1357-09-001
Piedmont Natural Gas Line 41 L February 23. 2009
This letter serves as a written request to review additional records you may have relating
to rare, endangered, or threatened species; significant natural heritage areas; or high
quality natural communities within the vicinity of the study corridor, and provide
comments regarding the interests of your agency.
Thank you for your time, and if we can provide additional information, please do not
hesitate to contact S&ME at 704.523.4726.
Sincerely,
S&ME
Cryst . Fox
Natural Resources Staff Professional
Neal McElveen, P.E.
Envr./Natural Resources Dept. Manager
Senior Review by Lisa J. Beckstrom, C.E., C.W.B.
Attachments
Figure 1 - Site Vicinity Map
Figure 2 - USGS Topographic Map
Figure 3 - 2002 Aerial Photograph
CJF/CML/MNM/cjf
S:\1357\PROJECTS\2009\09-001 PNG Line 41 L Tarboro/ Scoping/Natural Heritage
2
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
February 23, 2009
U.S. Fish & Wildlife Service
Raleigh Field Office
P.O. Box 33726
Raleigh, North Carolina 27636-3726
Attention: Mr. John Hammond, Endangered Species Coordinator
Reference: Information Request
Piedmont Natural Gas Line 41L
Edgecombe County, North Carolina
S&ME Project No. 1357-09-001
Dear Mr. Hammond:
This letter is in reference to a proposed four-mile, six-inch diameter natural gas pipeline
in Edgecombe County, N.C. The proposed pipeline will parallel an existing 30-foot
maintained natural gas pipeline easement. The new pipeline will originate approximately
0.75 mile east of the N.C. Highway 43 North and Bulluck School Road intersection in
Edgecombe County (35.878°N, 77.728°W) and extend east, for approximately four miles,
to its terminus east of Nobles Mill Pond Road and north of Harts Mill Run Road
(35.885°N, 77.652°W).
The location of the study corridor is depicted on the Site Vicinity Map (Figure 1),
appropriate portions of the Pinetops, N.C (1980) and Heartsease, N.C. (1981) USGS
Topographic Map (Figure 2), and an Aerial Photograph dated 2002 (Figure 3).
The study corridor is 60-feet wide, of which 30 feet is existing maintained easement.
Portions of the easement traverse active agricultural field. In these areas, no clearing will
be necessary either within the existing easement or the adjacent new 30-foot addition.
The corridor also traverses wooded riparian areas, which include two named streams:
Cabin Branch, and Mill Pond Branch. The corridor additionally traverses Cokey Swamp.
S&ME, INC. / 9751 Southern Pine Boulevard / Charlotte, NC 28273-5560 / p 704.523.4726 1704.525.3953 / www.smeinc.com
Information Request SBME Project No. 1357-09-001
Piedmont Natural Gas Line 41 L February 23, 2009
S&ME, Inc. (S&ME) recently conducted a review of the North Carolina Natural Heritage
Program (NCNHP) Geographic Information Systems (GIS) Virtual Workroom for a
listing of element occurrences (EOs) of rare species or natural communities within or
near the study corridor. This review revealed two EOs within a two-mile radius of the
selected points, neither of which is federally protected. EO point locations were at the
intersection of N.C. Highway 43 North and Bulluck School Road and at Nobles Mill
Pond Road.
This letter serves as a written request to review additional records you may have relating
to rare, endangered, or threatened species in the vicinity of the study corridor, and
provide comments regarding the interests of your agency.
Thank you for your time, and if we can provide additional information, please do not
hesitate to contact S&ME at 704.523.4726.
Sincerely,
S&ME
Crystal J. Fox
Natural Resources Staff Professional
'U w1 J--"
Neal McElveen, P.E.
Envr./Natural Resources Dept. Manager
Senior Review by Lisa J. Beckstrom, C.E., C.W.B.
Attachments:
Figure 1 - Site Vicinity Map
Figure 2 - USGS Topographic Maps
Figure 3 - 2002 Aerial Photograph
CJF/CMUMNM/cjf
S_\1357\PROJECTS\2009\09-001 PNG Line 41 L Tarboro/ Scoping/USFWS
2
*-- S&ME
Celebrating 35 Years
CERTIFIED MAIL, 1973-2008
RETURN RECEIPT REQUESTED
February 23, 2009
State Historic Preservation Office
4617 Mail Service Center
Raleigh, North Carolina 27699-4617 1
Attention: Mr. Peter Sandbeck
Administrator and Deputy State Historic Preservation Olltcer
Reference: Information Request
Piedmont Natural Gas Line 41L
Edgecombe County, North Carolina
S&ME Project No. 1357-09-001
Dear Mr. Sandbeck:
This letter is in reference to a proposed four-mile, six-inch diameter natural gas pipeline
in Edgecombe County, N.C. The proposed pipeline will parallel an existing 30-foot
maintained natural gas pipeline easement. The new pipeline will originate approximately
0.75 mile east of the N.C. Highway 43 North and Bulluck School Road intersection in
Edgecombe County (35.878°N, 77.728°W) and extend east, for approximately four miles,
to its terminus east of Nobles Mill Pond Road and north of Harts Mill Run Road
(35.885°N, 77.652°W).
The location of the study corridor is depicted on the Site Vicinity Map (Figure 1),
appropriate portions of the Pinetops, N.C (1980) and Heartsease, N.C. (1981) USGS
Topographic Map (Figure 2), and an Aerial Photograph dated 2002 (Figure 3).
The study corridor is 60-feet wide, of which 30 feet is existing maintained easement.
Portions of the easement traverse active agricultural field. In these areas, no clearing will
be necessary either within the existing easement or the adjacent new 30-foot addition.
The corridor also traverses wooded riparian areas, which include two named streams:
Cabin Branch, and Mill Pond Branch. The corridor additionally traverses Cokey Swamp.
This letter serves as a written request to review additional records you may have
regarding cultural, archaeological, or historical resources in or near the study corridor and
to provide written comments regarding the interests of your agency.
Thank you for your time, and if we can provide additional information, please do not
hesitate to contact S&ME, Inc. (S&ME) at 704.523.4726.
SWE, INC. / 9751 Southern Pine Boulevard / Charlotte, NC 28273-5560 / p 704.523.4726 J 704.525.3953 / www.smeinc.com
Information Request SWE Project No. 1357-09-001
Piedmont Natural Gas Line 41 L February 23, 2009
Sincerely,
S &ME
Cryst J. Fox
Natural Resources Staff Professional
\nn v
Neal McElveen, P.E.
Envr./Natural Resources
Department Manager
Senior Review by Lisa J. Beckstrom, C.E., C.W.B.
Attachments:
Figure 1 - Site Vicinity Map
Figure 2 - USGS Topographic Map
Figure 3 - 2002 Aerial Photograph
CJF/CMUMNM/cjf
SAII357\PROJECTS\2009\09-001 PNG Line 41 L Tarboro/ Scoping/SHPO
2
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PROGRAM
May 11, 2009
Mara Sikora, P.E.
Piedmont Natural Gas
4720 Piedmont Row Drive
Charlotte, NC 28210
Project: Piedmont Natural Gas Line
Expiration of Acceptance: February 11, 2010
County: Edgecombe
The purpose of this:letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for: impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved. koft. mid'sl?'ttls'oe?mnl'iifls?alpill'f?h.:feera) or766a1
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River CU Stream (feet) Wetlands (acres) Buffer I Buffer II
Basin Location (Sq. Ft.) (Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impact Tar- 03020103 0 0 0 0 0 0 5,720 0
Pamlico
Credits Tar- 03020103 0 0 0 0 0 0 17,160 0
Pamlico
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the Memorandum of Understanding between the N.C. Department of Environment and Natural Resources and the
U.S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Valerie Mitchener at [phone] or Kelly Williams at
[phone].
Sincerely,
.??
,/,/.
William D. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Thomas Brown, USACE-Raleigh
Eric Kulz, NCDWQ-Raleigh
Catherine Luckenbaugh, agent
File t ?j f ,? f ?ALJ
`m for ... L r ..• Prot", 0" J tta& 1'I?.?CW
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
LV-WYWA
A' ro a
ENR
WD
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
April 9, 2009
Suzanne Knudsen
S&ME, Inc.
9751 Southern Pine Boulevard
Charlotte NC 28273
Dee Freeman
Secretary
TPBRRO#09-039
Edgecombe County
BASIN:
Neuse River
Tar-Pamlico X
(15A NCAC 2B .0233)
(15A NCAC 213 .0259)
Ephemeral/Intermittent/Perennial Determination Isolated Wetland Determination
Project Name: Edgecombe County Gas Pipeline
Location/Directions: Subject property is a proposed construction/maintenance corridor of a natural
gas pipeline in Edgecombe County; USGS Hartsease/ Pinetops; NRCS Edgecombe County Sheet 17;
Subject Stream: UT to and Cokey Swamp; Cabin Branch
Date of Determination: March 19, 2009
Feature E/I/P* Not
Subject Subject Start@ Stop@ Stream
Form Pts. Soil
Survey USGS
To o
A X Throughout X X
B X X
C X Throughout X X
D X X
E (Cabin
Branch) X Throughout X X
F(Cokey
Swamp) X Throughout X X
G X X
H (Millpond
Branch) X Throughout X X
I X X
*E/I/P = Ephemeral/Intermittent/Perennial
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Edgecombe County, North
Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked
"Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked
"Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be
other streams located on your property that do not show up on the maps referenced above but, still may be
considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Quality.
Noe Carolina
NaAma!!y
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Edgecombe County Gas Pipeline
Edgecombe County
April 9, 2009
Page 2 of 2
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water
exists and that it is subject to the buffer rule may request a determination by the Director. A request for a
determination by the Director shall be referred to the Director in writing c/o Cyndi Karoly, DWQ
Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination
by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for
an ad judicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are
hereby notified that the 60-day statutory appeal time does not start until the affected party (including
downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant
conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask
for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
determination is final and binding unless you ask for a hearing within 60 days.
The (owner/future owners) should notify the Division of Water Quality (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property
(stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries
should be directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Army
Corp of Engineers (Raleigh Regulatory Field Office) at (919)-876-8441.
Respectfully,
Z-1-
Martin Ri mond
Environmental Specialist
cc: Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
RRO/SWP File Copy

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Restoration Plan
Piedmont Natural Gas Line 41 L
Tarboro, North Carolina
The following Restoration Plan has been prepared for the Piedmont Natural Gas Line 41L
project in Tarboro, Edgecombe County, North Carolina. While a majority of mitigation
for the proposed project has been accomplished through avoidance and minimization of
impacts (i.e. - use of an existing, maintained easement), the following plan shall be
implemented to restore those portions of the temporary work space easement that are
located in wetlands and temporarily-impacted to facilitate installation of the new pipeline.
This plan entails restoration of temporarily-disturbed wetland areas to their original
contours and conditions to the degree practicable upon project completion. Further,
disturbed wetland and upland areas will be permanently stabilized with a native
vegetative cover. Measures outlined in the Restoration Activities section of this plan will
be specified in the contract documents prepared for construction of the proposed project.
Restoration Activities
Proposed restoration activities will include the removal of placed fill material and
restoration of bank slopes to original pre-disturbance contours. Excavated material shall
be returned to the trench to the extent possible, and remaining material relocated and
retained on an upland site. Substrate containing roots, rhizomes, seeds, etc., will be kept
viable and replaced at the surface of the excavated site. A native, restoration seed mix
will be utilized within portions of the corridor comprised of wetlands, as well as on
stream banks. This seed mix (Table 1) will be installed with a temporary groundcover
species to provide short-term coverage of disturbed soil.
Table 1: Seed Mix for Wetland Restoration*
COMMON NAME SCIENTIFIC NAME PERCENTAGE OF MIX
Black-eyed Susan Rudbeckia hirta 25
Evening primrose Oenothera biennis 10
Partridge pea Chamaecrista fasciculata 30
River oats Chasmanthium latifolium 15
Soft rush Juncus effusus 20
*Apply seed mix at a rate of 30 lbs./acre. Overseed with a 1 to 1 mixture of rye grain (Secale
cereale) and foxtail millet (Setaria italica) at a rate of 25 lbs./acre.
Restoration Plan Prepared By
S&ME, Inc.
9711 Southern Pine Blvd.
Charlotte, NC 28273
704.523.4726
Contact: Catherine M. Luckenbaugh, C.E.