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Home My WebLink About20200914 Ver 1_USACE Jurisdictional Determination_20200821U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE ADMINISTRATIVE INFORMATION Completion Date of Approved Jurisdictional Determination (AJD): 21-AUG-2020 ORM Number: SAW-2020-01108 Associated JDs: N/A or ORM numbers and identifiers (e.g. HQS-2020-00001-MSW-MITSITE) Review Area Location': The project area is located in the northeastern quadrant of the intersection of NC Highway 135 and Harington Highway, in Eden, Rockingham County, North Carolina. The review area is limited to the area within the red outline on the attached map labeled Sheet C202. State/Territory: NC City: County/Parish/Borough: Rockingham County Center Coordinates of Review Area: Latitude 36.476457 Longitude-79.794872 II. FINDINGS A. Summary: Check all that apply. At least one box from the following list MUST be selected. Complete the corresponding sections/tables and summarize data sources. ❑ The review area is comprised entirely of dry land (i.e., there are no waters or water features, including wetlands, of any kind in the entire review area). Rationale: N/A or describe rationale. ❑ There are "navigable waters of the United States" within Rivers and Harbors Act jurisdiction within the review area (complete table in section II.B). ❑X There are "waters of the United States" within Clean Water Act jurisdiction within the review area (complete appropriate tables in section II.C). ❑ There are waters or water features excluded from Clean Water Act jurisdiction within the review area (complete table in section II.D). B. Rivers and Harbors Act of 1899 Section 10 1 & 10 Name 1 & 10 Size 1 & 10 Criteria I Rationale for & 10 Determination I I N/A I N/A I N/A I N/A I C. Clean Water Act Section 404 Territorial Seas and Traditional Navigable Waters a 1 waters (a)(1) Name (a)(1) Size (a)(1) Criteria N/A N/A I N/A I N/A Tributaries a 2 waters): a 2 Name a 2 Size a 2 Criteria Rationale fora 2 Determination N/A I N/A I N/A I N/A Lakes and ponds, and impoundments of jurisdictional waters ((a)(3) waters): (a)(3) Name I (a)(3) Size I (a)(3) Criteria I Rationale for (a)(3) Determination Adjacent wetlands ((a)(4) waters): ' Map(s)/Figure(s) are attached to the AJD provided to the requestor 2 If the navigable water is not subject to the ebb and flow of the tide or included on the District's list of Rivers and Harbors Act Section 10 navigable waters list, do NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to make a Rivers and Harbors Act Section 10 navigability determination. 3 A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific segment of river or stream or other type of waterbody, such as a lake, where independent upstream or downstream limits or lake borders are established. A stand-alone TNW determination should be completed following applicable guidance and should NOT be documented on the AJD form. ° Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requestor specifically asks a Corps district to do so. Corps Districts may, in case -by -case instances, choose to identify some or all of these waters within the review area. 5 Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1) exclusion, four sub -categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub -categories are not new exclusions, but are simply administrative distinctions and remain (b)(1) exclusions as defined by the NWPR. Page 1 of 3 Form Version 29 July 2020updated U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE a 4 Name a 4 Size a 4 Criteria Rationale fora 4 Determination Wetland Area 0.27 acres (a)(4) Wetland separated from an Surface water from the delineated "Wetland Area" flows (a)(1)-(a)(3) water only by an directly into a culvert pipe that runs diagonally artificial structure allowing a direct (southwest) off -site under the intersection of NC hydrologic surface connection Highway 135 and Harington Highway and discharges between the wetland and the (a)(1)- directly into a stream (UT to Dan River) that, based on (a)(3) water in a typical year a visual inspection, has geomorphic characteristics (consistent bed and bank, OHWM indicators including line impressed on bank, sediment deposits, wrack lines, leaf litter washed away, undercut/sloughing banks, and no plants in channel) that indicate at least intermittent flow in a typical year. Further, during the 8/11/2020 site visit, flow was present within the wetland which flowed directly into the culvert pipe and was actively discharging into the stream at the outlet of the pipe. D. Excluded Waters or Features Excluded waters ((b)(1) — b 12 Exclusion Name Exclusion Size N/A I N/A I N/A Exclusion' I Rationale for Exclusion Determination N/A III. SUPPORTING INFORMATION A. Select/enter all resources that were used to aid in this determination and attach data/maps to this document and/or references/citations in the administrative record, as appropriate. X Information submitted by, or on behalf of, the applicant/consultant: Wetland delineation surveys and wetland/upland data forms (BREC) This information (is not) sufficient for purposes of this AJD. Rationale: The information provided did not address connectivity with downstream tributaries/waters necessary to make a determination of affirmative/negative jurisdiction. Data sheets prepared by the Corps: Title(s) and/or date(s). X Photographs: (NA, aerial, other, aerial and other): 2018 NCCGIA Aerial Corps Site visit(s) conducted on: Date(s). Previous Jurisdictional Determinations (AJDs or PJDs): ORM Number(s) and date(s). _ Antecedent Precipitation Tool: None provided, however see comments below in Section CoIII. X_ USDA NRCS Soil Survey: Rockingham Co. Soil Survey _ USFWS NWI maps: Title(s) and/ordate(s). X USGS topographic maps: 1:24,000 Southwest Eden Quad. Other data sources used to aid in this determination: Data Source select Name and/or date and other relevant information USGS Sources N/A. USDA Sources N/A. NOAA Sources N/A. USACE Sources N/A. ' Map(s)/Figure(s) are attached to the AJD provided to the requestor 2 If the navigable water is not subject to the ebb and flow of the tide or included on the District's list of Rivers and Harbors Act Section 10 navigable waters list, do NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to make a Rivers and Harbors Act Section 10 navigability determination. 3 A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific segment of river or stream or other type of waterbody, such as a lake, where independent upstream or downstream limits or lake borders are established. A stand-alone TNW determination should be completed following applicable guidance and should NOT be documented on the AJD form. ° Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requestor specifically asks a Corps district to do so. Corps Districts may, in case -by -case instances, choose to identify some or all of these waters within the review area. 5 Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1) exclusion, four sub -categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub -categories are not new exclusions, but are simply administrative distinctions and remain (b)(1) exclusions as defined by the NWPR. Page 2 of 3 Form Version 29 July 2020updated U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE State/Local/Tribal Sources N/A. Other Sources N/A. B. Typical year assessment(s): N/A or provide typical year assessment for each relevant data source used to support the conclusions in the AJD. C. Additional comments to support AJD: Although no APT assessment was performed, the consultant (BREC) originally determined the flow path within the wetland area to be a stream. Although we did not agree that the channel within the wetland had sufficient hydrological, biological, or morphological characteristics to indicate at least intermittent flow, this original determination by the consultant strongly indicates flow at least once during a typical year. This flow then enters the culvert as described above and empties directly into an off -site stream channel with sufficient hydrological, biological, or morphological characteristics to indicate at least intermittent flow ((a)(2) water). As such, the wetland in question is an (a)(4) water per the NWPR. ' Map(s)/Figure(s) are attached to the AJD provided to the requestor. 2 If the navigable water is not subject to the ebb and flow of the tide or included on the District's list of Rivers and Harbors Act Section 10 navigable waters list, do NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to make a Rivers and Harbors Act Section 10 navigability determination. 3 A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific segment of river or stream or other type of waterbody, such as a lake, where independent upstream or downstream limits or lake borders are established. A stand-alone TNW determination should be completed following applicable guidance and should NOT be documented on the AJD form. ° Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requestor specifically asks a Corps district to do so. Corps Districts may, in case -by -case instances, choose to identify some or all of these waters within the review area. 5 Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1) exclusion, four sub -categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub -categories are not new exclusions, but are simply administrative distinctions and remain (b)(1) exclusions as defined by the NWPR. Page 3 of 3 Form Version 29 July 2020updated I lf� pae \ [Url II �` %A i I I r �j• • �h xaz _— A A V it / I I I I I I I y\ \\ \\ \\ ml y J 11 i i t� / V I I I I 1 a5a�. 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