Widening SR 1472 Village

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31823751
March 3, 2010
Mr. Brad Shaver
Regulatory Specialist
US Army Corps of Engineers
69 Darlington Ave
Wilmington, NC 28403
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RE: Update to Request for 404 Wetland Jurisdictional Concurrence
Village Road Widening (STIP R-4063)
Brunswick County, North Carolina
Dear Mr. Shaver:
Please find enclosed one copy of the revised JD Package for the Village Road Widening Project
(STIP R-4063).
R-4063 is the proposed widening of Village Road (SR 1472) from South Navassa Road (SR 1435)
to Lanvale Road (SR 1438) in Brunswick County, North Carolina. The proposed project consists of
widening Village Road from a two-lane shoulder section to a four-lane median-divided or a five-lane
curb and gutter section with 10-foot shoulders between South Navassa Road and Lincoln Road (SR
1455). No control of access is recommended. The improvement would consist of two 12-foot wide
travel lanes in each direction and a 12-foot wide median or center turn lane. Bridge number 208
over Sturgeon Creek would be widened to have a clear roadway width of 64 feet with a five-foot
sidewalk on each side. The Lincoln Road intersection would be realigned to a "T intersection with
Village Road. The Lanvale Road and Village Road intersection would be improved to include right-
turn lanes on Village Road, and Lanvale Road would be widened to include a left-turn lane on the
southbound approach. Village Road functions as a major thoroughfare and will continue to do so
upon project completion. The estimated total length of the project is 3.4 linear miles.
Per our meeting on November 4, 2009 and your review on February 9, 2010, the following updates
have been made to the package (any extensions or changes to boundaries have been gps'd and
changes to lengths and/or areas have been noted):
• The boundary of Wetland 1 has been moved to extend to the boundary of the study area
and Stream 1 (a ditch) has been removed.
• Both ponds within the study boundary have been labeled as stormwater ponds, associated
Rapanos forms reflect this change.
• Stream 2 has been extended across Lincoln Road and into Wetland 2. Both Stream 2 and
Wetland 2 extend into a fenced property, so points were taken at each end of the fence, but
not within the fenced area.
URS Corporation - North Carolina
1600 Perimeter Park Drive, Suite 400
Morrisville, NC 27560
Tel: [phone] OD
Fax: [phone]
,i4

• The tributary across from Wetland 4 has been flagged and gps'd as Stream 12. A stream
form has been included in the package.
• The boundary of Wetland 6 has been revised and new gps points taken to include a seep
area and exclude the berm between Stream 6 and Wetland 6.
• Stream 7 has been extended to Wetland 7.
• Stream 5 has been extended upstream to Lanvale Road and downstream to the culvert
under 74/76.
• Wetland 9 has been added (seep adjacent to Stream 5).
• Wetland 10 has been added (floodplain/seep adjacent to Stream 9).
• Drainage from Wetland 3 has been noted as Ditch 3, a non-RPW nexus connection.
• Banton Branch has been named Stream 13, Sturgeon Creek has been named Stream 14.
Both have been labeled on figures and referenced in the Rapanos forms for the wetland
system.
These modifications have resulted in the project area containing 10 jurisdictional wetlands and 11
jurisdictional streams.
Please let me know if you have any questions or concerns regarding the enclosed information, or
would like any more modifications made. I can be contacted at 910-763-8097 or 919-741-0158 or
emailed at susan westberry(cDurscorp.com.
Sincerely,
URS Corporation - North Carolina
Susan (Shelingoski) Westberry, LSSIT, PWS, CPESC
Environmental Scientist
Village Road Widening
STIP R-4063
Brunswick County, North Carolina
Modified JD Package
Prepared for:
North Carolina Department of Transportation
Prepared by:
URS Corporation - North Carolina
1600 Perimeter Park Drive
Suite 400
Morrisville, North Carolina 27560
March 3, 2010
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APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION: System along Lincoln Road in Leland, NC that includes
two streams four ditches, a non-jurisdictional stonnwater pond, and four wetlands. Stream 2 (S2) is a perennial tributary that flows
through Wetland 2 (W2). Wetland 1 (WI) is connected to Mill Creek via a tributary outside of the study area. Ditch I (DI) and
Ditch 2 (D2) are stonnwater collection and roadside ditches. Ditch 3 (D3) represents a nexus connection for Welland 3 (W3), and
Ditch 4 (4) is an ephemeral channel. Stream 12 (S12) is intermittent tributary that serves as a nexus for Wetland 4 (W4).
State:NC County/parish/borough: Brunswick City: Leland
Center coordinates of site (lat/long in degree decimal format): Lat. 34.2635520 N, Long. -78.04508° D.
Universal Transverse Mercator:
Name of nearest waterbody: Rowel Branch
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Brunswick River
Name of watershed or Hydrologic Unit Code (HUC): Cape Fear 03030005
® 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 fonn.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
? Office (Desk) Determination. Date:
? Field Determination. Date(s):
SECTION 11: SUMMARY OF FINDINGS
A. BHA SECTION 10 DETERMINATION OF JURISDICTION.
There Arre o "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 "maters 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 waters[ (RPWs) that flow directly or indirectly into TNWs
® Non-RPWs that flow directly or indirectly into TNWs
? Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
® Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
® Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
? Impoundments of jurisdictional waters
? Isolated (interstate or intrastate) waters, including isolated wetlands
It. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: 888 linear feet: 3 width (ft) and/or acres.
Wetlands: 2.17 acres.
c. Limits (boundaries) of jurisdiction based on: X1987 Delineation Manual
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable) 3
Boxes checked below shall be supported by completing the appropriate sections in Section III below.
t : For purposes of this form, an RP W is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(c.g., typically 3 months).
3 Supporting documentation is presented in Section III.F.

® Potential IyjurisdictionaI waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain: Pond 1 (PI) is a stormwater impoundment that collects runoff from an assested living establishment on
Lincoln Road. A riser structure is present in the pond, however it appears that it drains to a roadside ditch. The pond
was approximately 3 feet below the riser structure. No connection to jurisidictional waters was noted.
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SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.1.; otherwise, see Section IILB below.
1. TNW
Identify TNW:
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Summarize rationale supporting determination:
2. Welland 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) Row, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial now,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsile. The determination whether a significant nexus exists is determined in Section IILC below.
1. Characteristics of non-TNWs that now directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 2.2square miles
Drainage area: 2.2 square miles'
Average annual rainfall: 57 inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
? Tributary flows directly into TNW.
® Tributary flows through 2 tributaries before entering TNW.
Project waters are 2-5 river miles from TNW.
Project waters are h (or less river miles from RPW.
Project waters are 2-5 aerial (straight) miles from TNW.
Project waters are I (or less aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW': Rowel Branch flows to Mill Creek, Mill Creek empties into Sturgeon Creek and Sturgeon
Creek flows into the Brunswick River.
Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
' 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: 2nd.
(b) General Tributary Characteristics (check all that apq).
Tributary is: ? Natural
® Artificial (man-made). Explain: Ditched channels.
? Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: 4 feet
Average depth: 5 feet
Average side slopes: 1.
Primary tributary substrate composition (check all that apply):
® silts ® Sands ? Concrete
? Cobbles ? Gravel ® Muck
? Bedrock ? Vegetation. Type/%cover:
a ? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of mn/riffle/pool complexes. Explain: slow moving, ditched, swamp waters.
Tributary geometry: kelativel sY traight
Tributary gradient (approximate average slope): 1 %
(c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flow events in review area/year: Pick List
Describe flow regime:
Other information on duration and volume:
Surface flow is: Overland sheeettlow. Characteristics:
Subsurface flow: Unknown. Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
® OHWM6 (check all indicators that apply):
? clear, natural line impressed on the bank ? the presence of litter and debris
? changes in the character of soil ? destruction of terrestrial vegetation
® shelving ? the presence of wrack line
? vegetation matted down, bent, or absent ? sediment sorting
? leaf litter disturbed or washed away ? scour
? sediment deposition ? multiple observed or predicted flow events
? water staining ® abrupt change in plant community
? other (list):
? Discontinuous OHWM.7 Explain:
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
? High Tide Line indicated by: ? Mean High Water Mark indicated by:
? oil or scum line along shore objects ? survey to available datum;
? fine shell or debris deposits (foreshore) ? physical markings;
? physical markings/characteristics ? vegetation lines/changes in vegetation types.
? tidal gauges
? other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain: mucky, swamp water.
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 OH WM has been removed by development or agricuhuml practices). Where there is a break in the OHWM that is unrelated to the walerbody'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): 10 feet, scrub.
? 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: abundance of amphibians.
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:2.17 acres
Wetland type. Explain:Palustrine forested and shrub, small emergent.
Wetland quality. Explain: Low. Small size, little wildlife value.
(b) General Flow Relationship with Non-TNW:
Flow is: Pick List. Explain: Unknown, seem connected through groundwater/underground drainage.
Surface flow is: Discrete and confined
Characteristics:
a Subsurface flow: Unknown. Explain findings:
El Dye (or other) test performed:
(c) Wetland Adiacencv Determination with Non-TNW:
El Directly abutting
® Not directly abutting
® Discrete wetland hydrologic connection. Explain: Wetland 1 (WI) appears to drain underground towards larger
swamp systems (Rowel Branch) Wetlands 2 and 4 are connected through tributaries and Wetland 3 is connected through a non-RPW
ditch. E] Ecological connection. Explain:
F] Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are M river miles from TNW.
Project waters are 1--2 aerial straight miles from TNW.
Flow is from
Wetland to navigable waters.
Estimate approximate location of wetland as within the 5 - 1- 0 floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain: Water is brown, swamp-like where applicable.
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
® Riparian buffer. Characteristics (type, average width):25 feet.
® Vegetation type/percent cover. Explain:pocosin, 70%.
E] 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: 4
M Approximately ( 2.17 ) acres in total are being considered in the cumulative analysis.
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Project wetlands cross or serve as state boundaries. Explain

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For each wetland, specify the following:
Directly abuts? (YIN) Size (in acres) Directly abuts? (Y/N) Size (in acres)
N 0.20
N 0.84
N 0.93
93
N 0.20
Summarize overall biological, chemical and physical functions being performed: Pocosin communities. Provide food
and cover for wildlife. Little water storage. Some pollutant removal may occur.
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
a by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section IILD:Large drainages
diappear underground, likely they drain/are carried into the swamp system. Drainage underground to Rowel Branch follows
natural topography.
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section IILD: Bottomland system (W3) drains to the east based on topography and overall flow
patterns of the area. Ditch 3 carries drainage from W3 towards Rowell Branch, where project waters on this part of the project
drain.
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: Pocosin wetland systems appear to hold stormwater before draining to Rowel Branch. Drainage to Rowel Branch
follows natural topography.
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
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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.
Q Tributaries of TNWs where tributaries typically flow year-round arejurisdictional. Provide data and rationale indicating that
tributary is perennial:
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® 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: See NCDWQ Stream Indentification Form Score for S2 (23.5).
Provide estimates for jurisdictional waters in the review area (check all that apply):
® Tributary waters: 888 linear feet 3 width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWs that flow directly or indirectly into TNWs.
a ® 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):
a ® Tributary waters: 888 linear feet 3 width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
a 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 Il1.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates forjurisdictional 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: 0.2acres.
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: 2.17acres.
7. Impoundments of jurisdictional waters.'
As a general rule, the impoundment of ajurisdictional tributary remains jurisdictional.
? Demonstrate that impoundment was created from "waters of the U.S.," or
? Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
? Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED ]INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):"'
? which are or could be used by interstate or foreign travelers for recreational or other purposes.
'See Footnote N 3.
° To complete the analysis refer to the key in Section 111.13.6 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 Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
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? from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
? which are or could be used for industrial purposes by industries in interstate commerce.
? Interstate isolated waters. Explain:
? Other factors. Explain:
Identify water body and summarize rationale supporting determination:
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 ]an 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: Stormwater pond
with no connection to jurisdictional waters.
? Other: (explain, if not covered above):
Provide acreage estimates for non-jurisdictional waters to the review area, where the sole potential basis ofjurisdiction is the MBR
fac tors (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 (t}).
? 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 fi nding is required forjurisdiction (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
® Lakes/ponds: 0.22 acres.
? Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUP PORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
? Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.
? Data sheets prepared by the Corps:
?
? Corps navigable waters' study:
U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
? USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name:Leland and Winnabow 24K.
® USDA Natural Resources Conservation Service Soil Survey. Citation:Brunswick County, 1986.
® National wetlands inventory map(s). Cite name:Leland and Winnabow.
® State/Local wetland inventory map(s):DCM for Brunswick County.
FEMA/FIRM maps:
? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
? Photographs: ? Aerial (Name & Date):
or ? Other (Name & Date):
? Previous determination(s). File no. and date of response letter:
? Applicable/supporting case law:
? Applicable/supporting scientific literature:
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North Carolina Division of Water Quality -Stream Identification Form; Version 3.1
Date: 11'?LIQ II,, Project: 9_4oLP Latitude: 34.2US31
Evaluator: Site: Longitude:
giAeuNtw& J" 10 l ?? SZ (wc -71?), 045003
Total Points: County: Other
Stream is at least intermittent 5 p ?' e.g. Quad Name: ' r, ?`
if>I9 or perennial of>30 23,s " K4NSWIU_ LEIJtND
A. Geomo holo Subtotal= ti`7 Absent Weak Moderate Stron
1'. Continuous bed and bank 0 1 2
2. Sinuosity 1 2 3
3. In-channel structure; riffle-pool sequence 1 2 3
4. Soil texture or stream substrate sorting 0 1 2' CTJ
5. Active/relic flood lain 0 I 2 3
6. Depositional bars or benches 0 1 2 3
7. Braided channel 0 1 2 3
8. Recent alluvial deposits 0 1 2 3
9'. Natural levees 0 1 2 3
10. Headcuts 2 3
11. Grade controls 0 0 1 1.5
12. Natural valley or drain ewa 0.5 1 1.5
13. Second or greater order channel on existine USGS or
NRCS ma or other documented evidence. No no Yes = 3
' Man-made ditches are not noted; see discussions in manual
I
B. Hvdroloev (Subtotal = 1 S )
14. Groundwater flow/discharge 0 1 2 3
15. Water in channel and> 48 hrs since rains, or Water in
channel- dry or growing season 0 1 2 3
16. Leaflitter 1.5 0.5 0
17. Sediment on plants or debris 1 1.5
18. Organic debris lines or piles (wrack lines 0 0. 1 1.5
19. H dric soils redoximo hic features resent? No Yes = 1.5
r n;,,t„ rc, t,tnta1= ?A s i
205. Fibrous roots in channel 2 1 0
21 . Rooted lams in channel 3 2 1 0
22. Crayfish 0.5 1 1.5
23. Bivalves 1 3
24. Fish 0 0.5 1 1.5
25. Amphibians 0 0.5 1 .5
26. Maerobenthos note diversity and abundance 0.5 1 1.5
27. Filamentous algae; periphyton
I
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3
28. Iron oxidizing bacterialfun s 0 0.5 1 I.5
29'. Wetland plants in streambed FAC = 0.5; FACW - 0.75; OBL = 1.5; SA V = 2.0; Other = 0
'Items 20 and 21 focus on the presence of upland plants, item 29 focuses on the presence of aquztm or weuana piamrs
Notes: (use back side of this form for additional notes) Sketch:
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North Carolina Division of Water Quality -Stream Identification Form; Version 3.1
Date: Project: Latitude:
1I1gIio - 34.21oq?01
Evaluator: Site: L n8itude:
?xt N?oS o S2 (eOll- -1g 04?42Z
Total Points: County: Other
if
Stream > 1is at lees[ ilermil 2 ? C e.g. Quad Name:
i(> l9 or perennial o(> 30 30 J J I 7},N ?WNSw,(V,-

A. Geomo holo Subtotal = H Absent Weak Moderate Strong
1'. Continuous bed and bank 0 1 2
2. Sinuosity 0 1 2
3. In-channel structure; riffle- of sequence 0 1 2 3
4. Soil texture or stream substrate sorting 0 1 .2 3
5. Active/relic flood lain 0 1 2 3
6. Depositional bars or benches 0 2 3
7. Braided channel 1 2 3
8. Recent alluvial deposits 0 1 2 3
9'. Natural levees 1 2 3
10. Headcuts 0 2 3
11. Grade controls 0 0.5 1 1.5
12. Natural valley or drains ewer 0 I 1.5
13. Second or greater order channel on existing USGS or

NRCS rna or other documented evidence.
No 0
Yes = 3
. Man-made ditches are not rated; see discussions to manual
B. Hvdroloev (Subtotal= It'S )
14. Groundwater flow/discharge 0 1 2 3
15. Water in channel and > 48 hrs since rains, or Water in
channel - dry or owin season 0

lin
16. Leat
litter

S R m a
17. Sediment on lants or debris 0
18. Or anic debris lines or iles wrack lines) 0
19. H dric o (? u
C. Bioloav (Subtotal=
-I )
2F T Fibrous roots in channel 3 2 1 0
-1-167 Rooted plants in channel 3 2 1 0
22. Crayfish 0.5 1.5
23. Bivalves 0 1 2 3
24. Fish 0 05 1 t 1.5
25. Amphibians 0 0.5 1 1.
26. Macrobenthos note diversity and abundance 0.5 1 1.5
27. Filamentous algae; eri h on 1 2 3
28. Iron oxidizing bacteria/fun us 0 0.5 1 1.5
29b. Wetland plants in streambed FAC = 0.5; FACW = 0.75; OBL = 1.5; SA V = 2.0; Other = 0
° Items 20 and 21 focus on the presence of upland plants, Item 29 focuses on the presence of aquatic or wetlana plants
Notes: (use back side of this form for additional notes) Sketch:
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North Carolina Division of Water Quality - Stream Identification Form; Version 3.1
Date: 1119110. Project: ?-40U3 Latitude: 3+-'Llolo44237
Evaluator: Site: Longitude:
SN?UN4oSY?1 ?nAB?CLf? V1LLkCit ZoA'D Sit - 3
Total Points: County: Other
Stream it at kart intermittent
if ` e.g. Quad Name:
> 19 or perennial o > 30
A. Geomor holo Subtotal = Absent Weak Moderate Strajae
1'. Continuous bed and bank 0 1 2
CO-
2. Sinuosity 0 1 2 3
3. In-channel structure; riffle-pool sequence 1 2 3
4. Soil texture or stream substrate sorting 0 1 2 3
5. Active/relic'flood lain 0 I 2 3
6. Depositional bars or benches 0 1 2 3
7. Braided channel 1 2 3
8. Recent alluvial deposits CD) 1 2 3
9'. Natural levees 1 2 3
10. Headcuts 0 1 2 3
11. Grade controls 0 0.5 1 1.5
12. Natural valley or drain ewa 0 0.5 1 1.5
13. Second or greater order channel on existine USGS or
NRCS ma or other documented evidence. t No Yes = 3
"Man-made ditches are not rated; see discussions in manual
B. fivdrolo" (Suhtntr = 4.?J 1
14. Groundwater flow/discharge 0 1 3
15. Water in channel and > 48 hrs since rains, or Water in
channel - dor growing season 0 1 2 3
16. Leaflitter 1.5 1 0. 0
17. Sediment on plants or debris 0.5 1 1.5
18. Organic debris lines or piles wrack lines 0.5 1 1.5
19. H dric soils redoximo hic features resent? No 0 Yes = 1.5
C. Bioloev (Subtotal = 6 )
20'. Fibrous roots in channel '3 2 l 0
21'. Rooted plants in channel 3 I 0
22. Crayfish 0 1 1.5
23. Bivalves 1 2 3
24. Fish 0.5 1 1.5
25. Amphibians 0.5 1
26. Macrobenthos note diversity and abundance 0 0.5 1 1.5
27. Filamentous algae; eri h on 1 2 3
28. Iron oxidizing bacteria/fun us 0 0.5 1
1 .5
:
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FAC = 0.5; FAC W = 0.75; OBL = 1.5; SA V =
0,
O
'Items 2U 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:
WETLAND DETERMINATION DATA FORM-Atlantic and Gulf Coastal Plain Region
Project/Site: R-406.5 Vil1aRG PAad City/County: LOW & /DYAUdIGk-sampllrgDate: IZSIO
ApplicantlOvmer. NCJ2DT J - State: N(? SamplupPoint: W6-I
Investigator(s): -SIulw t4,yo?e?4 {-L lwvi\ S DY) Section, Township. Range:
Landform (Nils[ope, terrace, etc,): o aatnl A9A- Local relief (concave. convex, none): f rM ( AYC. Slope (%): 2
Subregion (LRR or MLRA): V R.V-T a Lae M. 21 L$t, Long: --1E)-0+';26, Datum: NAf-* S
Soil Map Unit Name: TTiCS"FGYf. ug
n t 11Y7.2 .- an !v NWI classification: N u hG
Are climatic / hydrologic conditions on the slte typical for this time of year? Yea X No _ (If no, e,ptain in Remarks.)
Are Vegetation _, Sal - or Hydrology _ significantly disturbed? Are'Nonnal Circumstances' present? YasK-- No
Are Vegetation _, Soil -, or Hydrology _ naturally problematic? (If needed, w0ain any answers in Remade.)
SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transacts, Important features, etc.
Hydrophytic Vegetation Present? Yes No- I Is the Sampled Aron
Hyddc Soil Present? Yes )vvC IIi No within a Welland? Yoa No
Welland Hydrology Present? Yes No
Remarks :?.?+w tt rtiFland. DPjAkIIS Ab YDaDli?clc amvA.b `fit. Sgt ovlk
FtW0 -Jil2 1)br44x 00.20 AL) I
HYDROLOGY
WatiarM Hydrology Indicators: Secondary Indicators (minimum of two reguired)
1
mum of one Is feoulred? ch
eck I
_ Surface Soil Cracks (BB)
Surlaco Water (A7)
T
A2
Hi
h W
t
bl _ Water-Staa)ed Leaves (B9)
A
atic Fauna (B13) ??ii Sparsely Vegetated Concave Surface (BS)
Draina
e Patterns (B10) i
e (
)
_
g
a
er
a qu
_ p
g
Saturation (A3) - Mad Deposits (B15) (LRR U) _ Moss Trim Linea (Bte)
_ Water Marks (a1) _ Hydrogen Sulfide Odor (Cl) _ Dry-Season Water Table (C2),
_ Sediment Deposits (B2) _ O)ddaed Rhiaospherea on Living Roots (C3) _ Crayfish Sun rws (Ca)
_ Drift Deposits (B3) - Presence of Reduced Iron (C4) _ Saturation Visit on Aerial Imagery (C9)
_ Algal Mat or Crust (B4) _ Recent Iron Reduction in Tilled Soils (Ca) _ Geomorphic Position (D2)
Iron Deposits (85) _ Thin Muck Surface (C7) _ Shallow Aquitard (133)
_
_ Inundation Visible on Aerial Imagery (87) _ Other (Explain in Remarks) _ FAC-Neutral Test (DS)
Field Observations:
X j 1
U
No _
Surface Water Present? Yes
7- No
a
P
t? Y
W
T
bl Deem (inches):
!
De
di (inches)
_
ater
resen
e
a
e
T
Saturation Present? Yes No_ ,
p
'
Daptp (Inchea).? Ur
Watian d Hydrology Prssam? Yes/ _ No
includes capillary hinge)
Describe Recorded Data (stream gauge, monitoring well. Beds[ photos , previous inspections). if available:
Remarks:
A .
US Army Corps 01 Engineers I Atlantic and Gun Coastal Rain Region - Interim Version

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WETLAND DETERMINATION DATA FORM -Atlantic and Gulf Coastal Plain Region { ; ?!j
Project/Site: K- AK3U3 V i Uj f { f-O>? lcitylcounty: Le i /1)A & / ?7n )i,,43V f lL yBampluW Dade: ?f h l z?!;J?j
?'!
AppllcanMDwner. f?I CfkJf Y Stater' Sampling Point: ?rG 3
Investigator(s): .' 1 R o l ! Section, Township, Range: 6/6
Landform (hillalope, terrace, et.: i IA' i Cbagi-A l (Lorarl relief (concave. comes. none).'@AY1 f 6.Y{ Slope (%): 2
Subregion (LRR or MLRA): I.R.RT Lat: ??. VA1(c 1 Long: --M- m4g TJ - 1 Datum: N A UES
Soil Map Unit Name: -rothuntA MU Tl NWI classification:
typical for ails time of yeaR Yes _ No _ (It na, e>plam in Remarks)
Are climatic / hydrologic condition on the site t
Are Vegetation _ Soil or Hydrology- signiffamlyi labs odd? A.'Nomral Circumstances' present? Yes-x- ?/_ No _
f
Are Vegetaton _, Soil or Hydrology _ naturally pr blematic? (If needed, explain any answers In Remarks.)
SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transacts, Important features, etc.
HyVrophytlc Vegetation Present? Yes ? No _ Is the Sampled Ataa
Hydric Sol] Present? Yes _ No _ within a Weiland? Yes -X- No
Weiland Hydrology Present? Yes X_ No _ _ I -
Remarks:
w1DCd{d Qoct? , o . 3 a? .
HYDROLOGY
Watlend Hydrology Indlcarors: i Secondary Indicators Immmmm of two reoutredl
Primary Indicators IminImum of one 15 ragulad, oil that apply) f _ Surface Soil Cracks (86)
Surface Water (At) Water-Stained leaves (B9) Sparse) Vegetated Concow Surface (B9)
_
High Water Table (A2) _ Aquatic Fauna (1313) _ Drainage P.M. (1310)
S Saturation (A3) _ Mad Deposits (B15) (LRR U) Moss Trim Unea (819)/
water marks (131) _ Hydrogen Sutilde Odor (Cl) _ Dry-Season Water Table (C2)
_ Sediment Deposits (82) _ OddLed Rh"heres w LHirg Rooks (C3) _ Crayfish Burrow, (Ca)
_ Drift Deposits (83) - Presence of Reduced Iron (C4) _ Saturation Visible on Aerial Imagery (69)
Algal Mat or Crust (84) _ Recent Iron Reduction in Tilled Sots (Ca) _ Gewnorphlc Position (D2)
_ Iron Deposits (85) _ Thin Much Surface (C7) _ Shallow Aquaard (D3)
_ Inundation Visible on Aerial Imagery (87) _ Other (Explain m; Remarks) FAC-Neutral Test (D5)
Field Observattaml:
y
Surface Water Present? Yes _ No L Depth (Indies):
Water Table Present? Yes X No B?
'
Depth(Inches):1
I

Saturation Present? Yes-v /- No -
C'?'
"
,
?°
_ Depth (Inures): SSW 410
Wetland Hydrology Present? YeeX No_
includes capillary fringe)
Dewibe Recorded Data (stream gauge, monitoring well, aerial photos: previous Inspections), if available:
Remarks:
i
US Army Corps of Engineers
Atlantic and Gulf Coastal Plain Region - Interim Version
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K-40'6 WETLAND DETERMINATION DATA FORM-Atlantic and Gulf Coastal Plain Region
Project/site: Vi lm l7 l A-6L GhfCoumY Lard /lf'?" "VISW)U-Sampling Date: I25(001
ADp(itantlOwner. F4fjRCiT- J Slate: JCL Sampling Pam: WW et44
Investigator(s): h l l rv osv-; (kimitzby-1 Section. Township. Range:
Landfarrn (Nllslepe, terrace, eta): VM l Vl CLd& Loral relief (rmcave, cornea, noneQ). C.owa 1f P. Slope o
Subregion (LRR or MLRA): ?-V-T Let ' • 2)DlO?7? Lora; --IV r 044110 Datum: N AMj
Sod Map Unit Name: *i -'/ NWI classification: PFD3145
Are climatic I hydrologic conditions on the site typical for this time of year? Yes No _ (If no, explain in Remarks.)
Are Vegetation J Sod _, or Hydrology - significantly disturbed? Are'NOmhal Ciramstarces' present? Y,,-X- No
Are Vegetation - Sal or Hydrology _ naturally problematic? (If needed, explain arty answers in Remand.)
IUMMA1KT Vr rimulrsVo - Anacn sne map soowmg sampimg porm iocimons,
Hydmphytic Vegetation Present?
Hydric Sod Present?
Wetland Hydrology Present?
Ne- I Is the Sampled AM
NO- within a Wetland?
No
Important rearores, etc.
Yes )11 No
HYDROLOGY
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Wetland Hydrology Indicators: Seconds" Indicators (minimum of two required)
Primary Indicators tminimum of oche Is reeuired: c heck all that aoorvl _ Surface Soil Cracks (BB)
Surface Water (All _ Water-Stained Leaves (Bg) Sparsely Vegetated Concave Surface (88)
_
High Water Table (A2) _ Aquatic Fauna (B13) Drainage Patterns (810)
Saturation (A3) _ Mad Deposits (815) (LRR U) _ Moss Trim Lines (819)
Water Marks (Bl) _ Hydrogen Sulfide Odor (Cl) _ Dry-Season Water Table (C2)
_ Sediment Deposits (B2) _ Oxidized Rhizospheres on Living Roar (C3) _ Crayfish Burrows (C8)
_ Drift Deposits (83) _ Presence of Reduced Iron (CI) _ Saturation Visible on Aerial Imagery (Cg)
_ Algal Mat or Crust (Ba) - Ream Iran Reduction in Tilled Sob (C8) _ Geomorphic Position (D2)
_ Imrr Deposits (85) _ Thin Muck Surface (C7) _ Shallow Ath hard (D3)
_ Inundation Visible on Aerial Imagery (87) _ Other (Explain in Remarks) _ FAC-Neutral Test (D8)
Field Obse"atau:
Surface Water Present? Yes _ No Depth (inches):

No _
Water Table Present? Yes X ,p
Depth (Inches):
_
Saturation Present? Yes Y No_ Depth (Inches): 7- Watand Hydrology Proaam? Yss-z.- No
includes capillary fringe)
Describe Reamed Data (stream gauge. mondorba well, aerial phows, previous Inspections). if available:
Remarks:
US Amry Corps of Engineers Atlantic end Gulf Coastal Rain Region - Interim Version
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VEGETATION - Use scientific names of plants.
Sampling Point: A"-?

Tree Stratum (Plot size: J ?- )
t Absolute Dominant Indicator
% Cover Species? Status Dominance Test worksheet
Number of Dominant Species
That Are 013L. FACW or FAC: r (A)

3. Total Number of Dominant
Species Across All Stmte: (B)
a.

5. Percent of Dominant Species
I bO 1'
That Are OBL
FACW
or FAC
Ale

6. ,
(
,
:
)
7.
Prevalence Index worksheet
Total % Cover of, MultlDly bv:
Sapling Stratum (Plot size: )
1. = Total Cover OBL species x 1 =
FACW species x2-
2. FAC species x3-
3. FACU species x4-
4. UPL species x 5 =
5. Column Totals: (A) (B)
6.
7 Prevalence Index = &A =
a Total Cover
Shrub Stratum (Plot at=: %A 2 A D )

,. r t l l a Ta [ A t?to17 30 FA(1/q
hA Hydrophyde Vegetation Indicators:
,Ly Dominance Test Is >50%

_ Prevalence Index 13 53.0'
2. ?0. 12' ryXilzEALM Problematic Hydrophytlc Vegetation' (Fain)
3. <X OIAIW74, -? 2
>L
4. EWUI .CtMS ,' 'Inditatora of hydro sell and wetland hydrology must
5. I be present unless disturbed or problematic
6. Definitions of Vegetation Strata:
7.

m 2 ?
Herb Stratum (Plot size: l1 L )
t An
= Total Cover

In0 fAVA Tres - Woody plants, excluding woody vines.
approximately 20 It (8 m) or more to height and 3 in.
(7.8 cm) or larger in diameter at breast height (DBH).
z. Sm ' AbM D ¢ l5 (?h Sapling - Woody plants, exdudsng woody vines.
approximately 20 It (6 m) or more in height and less
3. than 3 in. (7.6 cm) OBH.
a. I Shrub-
lants
w
`
5. I , 20 it (1 t
approximately 3 o p
o 6 m) i
n height
6'

7. I Herb- All herbaceous(non-w
ooEy) plants, including
herbaceous vines, regardless of size. Includes woody
a. I Wants, except woody tunes, less than approximately

8. 3 It (, m) in height.
10. Woody An - All woody vines, regardless of height.
11.
12. I

(Plot sf L ) = Total Cover
1 , EA11V1A)e Cro
2. I
3: I
4. I
5. I ve
etatlonle
= Total Cover g
Present? Vas -X- No
Remarks: (If observed, list morphological adaptations below).
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - interim Version
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SOIL
Sampling Point: - fir
Profile Description: (Describe to the depth needed to document the Indicator or confirm the absence of Indlcatora)
Depth Mantic Redox Features
finches) Color(Irwist) % Color (moist) % Type' Lee Te xture Remarks
L)-lc. I131?-211
-QQ Mu
- r?l?td_
to-ISt IoYr-312
1 - ham,
0W5110_ zo

'Type: C--Concentration. D- . RM=Reduced Matrix. CS=Covered or Coated Sand Grai e. 2LOrabon: PL=Pore L12 IA=Mahbc.
Hydrlc Soll Indicators: Indicators for. Problematic Hydrlc Soils :
_ Histoaol (Al) _ PoWalue Seim Surface (SI)) (LRR S. T. U) _ 1 cm Muds (A9) (LRR O)
_ HlsOC Epipedon (A2) _ Thin Dark Surface (S9) (LRR S. T. U) _ 2 an Muck (A10) (LRR S)
_ Static Histic (A3) _ Loamy Mutlry Mineral (F1) (LRR O) _ Reduced Venk (F19) (outside MLRA 15DXB)
_ Hydrogen Sulfide (As) _ Loamy Gbyed Matrix (FZ) _ Pledmom Floodptain Soils (F19) (LRR P. S. T)
_ Stratified Layers (AS) _ Depleted Matrix (F3) _ Anomalous Bright Loamy Soils (F20)
_ Organic Bodies (AS) (LRR P, T, U) _ Redox Dark Surface (176) (MLRA 1638)
_ 5 an Mucky Mineral (A7) (LRR P. T. U) _ Depleted Dark Surface (F7) _ Red Parent Material (TF2)
_ Muck Presence (A6) (LRR U) _ Redox Depressions (F6) _ Very Shallow Dark Surface (TF12) (LRR T, U)
1 cm Murk (A9) ILRR P. T)
X Depleted Below Dark Surface (All) _ Mart (F10) (LRR U)
_ Depleted Oduic (Fl 1) (MLRA 161) - Other (Explain in Remade)
_ Thick Dark Surface (A12) _ Iron#langan s s Masses (F12) (LRR O. P. T) 'Irdl®tan of hydrophytic vegetation and
Guest Profile Redox (A1 S) (MLRA 150A) _ Umbrlc Surface (F13) (LRR P, T, U) wetland hydrology must be present,
Sandy Murky Mineral (S1) (LRR O, S) _ Delta Orhric (1717) (MLRA 151) unless
lsturbed or problematic.
Sandy Gleyed Matrix (S4) _ Reduced Verdc (F76) (MLRA 1500.1508) 1
_ Sandy Radek (55) _ Piedmom Floooplain Soils (F19) (ill 1a9A)
_ Stripped MaMx (S6) _ Anomalous Bright Loamy SoOs (F20) (MLRA 149A. 163C, 1610)
_ Dark Surface (S7) (LRR P, S, T. U)
Rosbtctlw Layer (H observed):
Type: K) C)"
Depth (inches): Hydrle Soil Present? Yes No_
Remarks:
US Amry Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version
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a !nWETLAND;RATING.WORKS HEET Fourth Version;;,
Project Name: K-4DU3 VIUAOF, ?VrSV Nearest Road: LV LUW ¢oAU>
County EL)bLcmll ? Wetland Area: 0.20 acres Wetland Width 0 feet
Name of evaluator GUrIhnSW . IAVwt,SON Date c.1251o°I
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Wetland Location Adjacent land use
(within'/: mile upstream, upslope, or radius)
on pond or lake forested/natural vegetation l0 %
on perennial stream agriculture, urban/suburban,% ,
on intermittent stream impervious surface %
within interstream divide
other
Dominant Vegetation
Soil Series (1) b
(2) I {D (sL .
predominantly organic-humus, muck, (3) N9tUAu),vL bbN;0CE*wr(\
Or peat
predominantly mineral - non-sandy
predominantly sandy
Flooding and wetness
a Hydraulic factors semipermanently to permanently
flooded or inundated
steep topography seasonally flooded or inundated
ditched or channelized intermittently flooded or temporary
F
total wetland width >= 100 feet surface water
No evidence of flooding or
surface water
Wetland type (select one)"
Bottomland hardwood forest Pine savanna
a Headwater forest Freshwater marsh
Swamp forest Bog/fen
Wet flat Ephemeral wetland
X_Pocasin Carolina Bay
Bog forest Other
'the rating system cannot be applied to salt or brackish marshes or stream channels
0 r----_-_-Water storage 1.1 '-- x4.00= 4____-------_ i
Bank/Shoreline stabilization x 4.00
W91j8j1ji ii€ ii
Pollutant removal f _
x 5.00 -
dd1lQ
s>

a

.
x2.00
=
Wildlife Habitat

x 4.00
life value
Aquatic
Recreation/Education n
x 1.00

Add 1 point if in sensitive watershed and >10% non point disturbance within 1/2 mile upstream,
upslope, or radius

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0
0
0
0
((77 4u63 WETLAND DETERMINATION DATA FORM - Atlantic and Gulf Coastal Plain Region p
Project/Site: tom- V i?1 at n F o&A City/County: Le I mA 18tyAW (ck-Gampling Date:, ZS 0 I
ApplbantlOwner. t??'Lat1T J State:` Sampling Point: SAP 344
Irneatigaror(s): S1'\e?IClgO?'1. 'QyYI\??? Section, Township. Range:
) A? FAQ \+A Loral relief Slope (%): L ??•
Landferm (nil .Ithaca, etc.: ,
nn_? (cancave, convex. none): nVlovti
Subregion (LRR or MLRA): t.ee Let: 31 .?D A Long: ?2&- (M-1'T Datum: NAP
Soil Map Unit Name: ?x DV1 Ti yL Swd. .. 0-7,1. NNA classification: N mom.
Are ctimatic l hydrologic conditions on the site typical br thts time of Year? Yea -?L No- (If no, explain In Remarks.) X
Are Vegetation _, Soil J or Hydrology _ significantly disturbed? Ars'Nonnal Ciro nstancea' present? Yes ? \ 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, transacts, Important features, etc.
HydmphyUc Vegetation Present? Yes ly No Is the Sampled Area
?/
Hydric Sad Present? Yes- No within a Wetland? Yale No ?
Wetland Hydrology Present? Yes _ No
HYDROLOGY
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Wetland Hydrology Indicators: S econdary Indicators (minimum of two required)
Primary Indicators (minimum of one Is r equired: check all that apply) - Surface Sob Cracks (136)
- Surface Water (A1) Water-Stained Leaves (Bit) _ Sparsely Vegetated Concave Surface (BS)
_ High Water Table (A2) _ Aquatic Fauna (613) - Drainage Patterns (BIG)
_ Saturation (A3) _ Mad Deposits (815) (LRR U) _ Mom Trim Unes (B78)
_ Water Marks (BI) _ Hydrogen Sulfide Oder (C1) _ Dry-Season Water Table (C2)
_ Sediment Deposits (B2) _ Oxidized Rhlzospheres m Uving Roots (C3) _ CrayAsh Bunowa (CO)
_ Drift Deposits (133) _ Presence of Reduced Iron (Ce) _ Saturation Visible on Aerial imagery (C9)
- Algal Mat or Cwt (ea) _ Recent Iron Reduction in Tilled Solis (C5) - Geomorphic Position (D2)
Iron Deposits (B5) _ Thin MurJe Surface (CT) _ Shallow AquhW (03)
_ Inundation Visible on Aerial Imagery (87) Other (Explain in Remarks) _ FAC-Neutral Teat (D5)
Field Observations:
Surface Water Present? Yes _ No Depth (Inches):
Water Table Present? Yea _ No X Depth (inches):
Saturation Present? Yes _ No Depth (I hea): Waffand Hydrology Preeem? Y"- No
includes capillary sings)
Describe Recorded Date (stream gauge. monitoring well, aerial photos, previous inspections), if available:
Remarks:
x
US Army Corps of Engineers
Atlantic and Gulf Coastal Plain Region - Interim Version
10
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VEGETATION - Use scientific names of plants.
Sampling Point V 51
r\ OLL,
IMO Stratum (Plot aka: )
1. 1 h LL.S TA 1> ?44.. Absolute Dominant Indicator
% Cavg Spades? Stall
'3. '1 FA-( Dominanea Testworksheet
Number of Dominant Spades

That Are OBL. FACW,.or FAC: (A)
2. u2t ?s L 2c; - MW T
N

3. 0111A'Llw Z r L otal
umber of Dominant
Species Across Ali Strata:
(a)
d. -

5. Percent of Dominant Species p
That Are OSL
FACW
or FAC: 8
A!B

6. ,
,
(
)
7
. Prevalonce Index worksheet
Total % Cower of MultioN by,
p t S
Saplino (Plot a".. 0.t, )
1. R. eLo t 11) aA& ?. J = Total Cower
to OBL speclea x1-
FACW species x2-
21 Yl JhC YYi
f r"
F
{
G FAC spades x3-
3, I
L 4 W Jj&y A {7LU( S4ZU IAC4 UA ?
A?
'
2f) Y 1F r FACU species x4-
4. UPL species x 5 -
S. COIWM Totals: (A) {8)
6.
T. PteVebrKB irxhx = a+A =

hrub Stratum (Plot We., Q,L)
I. V A Cu n r 11 m C a (1I r?..br?.H. m = Total Cow
(0 D

10 N

Hydrophytic Vegetation Indkaton:
_ Dominance Test is >50%
_ Ptevakmce Index is s3.0'
2. _ Problematic Hydrophyac Vegetation' (Explain)
3.
4. 'Indicators of hyddc soil and wetland hydrology must
5 be present, unless disturbed or problematic
6. Dei(niflome of Ve{pfation Beau:
7.

Herb Stratum (Plot size: )
1. ?-
1 LJ ° Tool Coves Tree approximately, WOOdY ptenu, excluding woody ht vinin, and 3 in.
IT M) or loIn It IS d mdlameter at breast helq DBH).

2. Sapling -Woody ptants, eztlutlinp woody vines,
approximately 20 It is m) or more In height and Ion
3. than 3 in. ITS an) D8H.
4. Shrub - Wood
la
x
ts
di
d
l
i

5. y p
n
, e
u
ng woo
y v
c
nes,
approximately 3 to 20 ft (1 to 6 m) in height.
6.

7. Nero-All herbaceous (non-woody) plants. including
herbaceous vines, regardless of aim. Includes woody
a. plants, except woody Ann. lose than approximately

9. 3 It (I m) in Mint.
10. Woody vine -All woody vines, regardless of height
11.
12.

Woody Vine ShaNm Pbt site: )
R =Total Cover
n?
1. (f)(ifty??V1
V1 lC2VIS ) !5J_
2.
3.
4.
5. NydroP
V
ud

= Total Cover on
ege
Oh
Present? Yes No
Remarks: (If observed, list morphological adaptations below). .
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version
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SOIL
Sampling Point: ll P 31 4
Profile Description: (Doscribe to the depth nodded to document the indicator or confirm the aesenp of indicators.)
Depth Meats Redox Features
(inhesl Color(moistl Color(moistl % Twat LocT_ Te xture Remarks
0-1 1 I)`I P-3h 10 ?amk
-Ilat 1o`I951ly NO

'Type: C?ondenrtraticn, D+ . RM=Reduced Matrix, CS=Covered or Coated Sand Grairu. 'Locadon: PL=Pore Lining, M=tatrix.
Hydric Soil Indicators: Imlkstors for Problematic Hybris Sorts :
_ Histosol (A1) _ Polyvalue Below Surface (S8) (LRR S, T. U) _ 1 crn Muck (AB) (LRR O)
_ Histic Epipedon (A2) _ Thin Dark Surface (S9) (LRR S, T. U) _ 2 an Muds CAI 0) (LRR S)
_ Black Histk (A3) _ Loamy Mucky Mineral (Ft) (LRR O) _ Reduced Valve (F18) (outside MLRA 16a4B)
_ Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) _ Piedmont Floodplaln Sills (F18) (LRR P, S, T)
_ Stradfled Layers (A5) _ Depleted Matrls (F3) _ Arwmakus Bright Lwmy Soils (F20)
_ Organic Bodies (AS) (LRR P, T. U) _ Radios Dark Surface (F8) (MLRA 1530)
_ 5 cm Mucky Mineral (A7) (LRR P. T. U) _ Depleted Dark Surface (F7) _ Red Parent Material frF2)
_ Muck Presence (A8) (LRR U) _ Redok Depressions (178) _ Very Shallow Dark Surface (TF12) (LRR T, U)
_ 1 cm Muck (A9) (LRR P, T) _ Mad (F10) (LRR U) - Other (Explain In Remarks)
Depleted Below Dark Surface (At 1) _ Depleted Ochdc (Ft 1) (MLRA 161)
_ Thick Dark Surface (At 2) _ Iron-Manganese Masses (F12) (LRR O, P. T) 'Indicators of hydrophy0c vegetation and
_ Coast Prairie Redox (At 6) (MLRA 1604) _ Umbrk Surface (Fl 3) (LRR P. T. U) wetland hydrology must be present.
_ Sandy Mucky Mineral (S7) (LRR O, S) _ Delta OUVIC (F17) (MLRA 151) unless disturbed or problematic
_ Sandy Gleyed Matrix (S4) _ Reduced Vertle (Fill) (MLRA 16041508)
_ Sandy Redox (S5) - Piedmont Floodplain Sails (F19) (MLRA 149A)
_ Stripped Matrix (SB) _ Anomalous Bright Loamy Sofa (F20) (MLRA 1494 1530, 1530)
_ Dark Surface (S7) (LRR P, S. T, U)
Restrictive La
w? (N observed):
1
Type: NSly
7 1?//
Depth lin hes): HydkS1llPnrs*wr? Yes- Na /
Remarks:
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US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version
1

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a 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.
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SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Wetland system on Lincoln Road in Leland, NC associated with
Banton Branch, Stream 13 (S13) and Wetland 5 (W5).
State:NC County/parish/borough: Brunswick City: Leland
Center coordinates of site flat/long in degree decimal format): Lat. 34.258918° N, Long. -78.044633° R
Universal Transverse Mercator:
Name of nearest waterbody: Banton Branch
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Brunswick River
Name of watershed or Hydrologic Unit Code (HUC): Cape Fear 03030005
® Check if snap/diagram of review area and/or potential jurisdictional areas is/are available upon request.
D ? Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different ID form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
? Office (Desk) Determination. Date:
? Field Determination. Date(s):
SECTION 11: SUMMARY OF FINDINGS
A. BHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are o °navigahle waters ofthe 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 interstateor foreign commerce.
Explain:
a B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters ofthe 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 waters' (RPWs) that flow directly or indirectly into TNWs
? Non-RPWs that flow directly or indirectly into TNWs
® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
? Impoundments of jurisdictional waters
? Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: 450 linear feet: 50 width (ft) and/or acres.
Wetlands: 3.32 acres.
c. Limits (boundaries) of jurisdiction based on: 7987 Delineation Manual
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):3
J ? 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
4 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.I.; otherwise, see Section IILB below.
Q 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
a determine whether or not the standards forjurisdiction established under Rapanoshave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous now 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 II?.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size:I rsquare miles
Drainage area: I (square miles'
Average annual rainfall: 57 inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
? Tributary flows directly into TNW.
® Tributary flows through 2 tributaries before entering TNW.
Project waters are 2-5 river miles from TNW.
a Project waters are 7 (or less river miles from RPW.
Project waters are 2-5 aerial (straight) miles from TNW.
Project waters are 3 (arm less) aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWs: Banton Branch flows to Mill Creek, Mill Creek empties into Sturgeon Creek and Sturgeon
Creek flows into the Brunswick River.
' Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
' 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.
I
Tributary stream order, if known:
(b) General Tributary Characteristics (check all that apply1
Tributary is: ® Natural
? Artificial (man-made). Explain:
? Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: 50 feet
0 Average depth: 5 feet
Average side slopes: _l (or r greater).
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: no, slow moving swamp system.
Tributary geometry: Meandering
Tributary gradient (approximate average slope): al %
(c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flow events in review area/year: 2-5
Describe flow regime: Perennial.
Other information on duration and volume:
Surface flow is: Discrete and confined. Characteristics:
Subsurface flow: Unkn n. Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
® OH WM' (check all indicators that apply):
? clear, natural line impressed on the bank ® the presence of litter and debris
? changes in the character of soil ? destruction of terrestrial vegetation
® shelving ? the presence of wrack line
® vegetation matted down, bent, or absent ? sediment sorting
? leaf litter disturbed or washed away ? scour
® sediment deposition ? multiple observed or predicted flow events
? water staining ? abrupt change in plant community
? other (list):
? Discontinuous OHWM.' Explain:
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
? High Tide Line indicated by: ? Mean High Water Mark indicated by:
? oil or scum line along shore objects ? survey to available datum;
? fine shell or debris deposits (foreshore) ? physical markings;
? physical markings/characteristics ? vegetation lines/changes in vegetation types.
? tidal gauges
? other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain: brownwater slow-moving swamp system.
Identify specific pollutants, if known:
'A natural or man-made discontinuity in the OH WM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OH WM has been removed by development or agricultural practices). Where there is a break in the OH WM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvero, the agencies will look for indicators of flow above and below the break.
'Ibid.
I?
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{ fv) Biological Characteristics. Channel supports (check all that apply):
® Riparian corridor. Characteristics (type, average width): 50 feet, pocosin forest.
? Wetland fringe. Characteristics:
? Habitat for:
? Federally Listed species. Explain findings:
® Fish spawn areas. Explain findings:
® Other environmentally-sensitive species. Explain findings: state-listed grass.
? Aquatic/wildlife diversity. Explain findings: abundance of amphibians, some fish.
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:3.32 acres
Wetland type. Explain:Palustrine forested riverine swamp forest.
Wetland quality. Explain: high, aquatic and water storage value in swamp forest.
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
n Flow is: Perennial Bow. Explain: Banton Branch and its associated riverine swamp forest.
U Surface flow is: Discrete and confined
Characteristics:
Subsurface flow: Un-koown'. 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 9 river miles from TNW.
Project waters are 1 -2 aerial (straight) miles from TNW.
Flow is from
Wetland to navigable waters.
Estimate approximate location of wetland as within the 2=5 eaq floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed

I characteristics; etc.). Explain: Water is brown, swamp-like where applicable..
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
® Riparian buffer. Characteristics (type, average width): 150 feet.
Vegetation type/percent cover. Explain:pocosin, riverine forest 70%.
? Habitat for:
? Federally Listed species. Explain findings:
® Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
® Aquatic/wildlife diversity. Explain frndings:abundance of amphibians.
3. Characteristics of all wetlands adjacent to the tributary, (if any)
All wetland(s) being considered in the cumulative analysis:
Approximately ( 3.32 ) acres in total are being considered in the cumulative analysis.
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For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Y 3.32
I?
Summarize overall biological, chemical and physical functions being performed: Riverine swamp forest in W5. Provide
food and cover for wildlife, water storage, and pollutant removal.
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
n of water in the tributary and its proximity, to a TNW, and the functions performed by the tributary and all its adjacent
U 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 Doodplain 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:Flows into an
RPW that flows indirectly into the TNW.
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section IILD:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
111??? 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: Banton Branch is a perennial swamp.
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 111.6. Provide rationale indicating that tributary flows
seasonally:
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Provide estimates for jurisdictional waters in the review area (check all that apply):
? Tributary waters: 450 linear feet 50width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
D ? 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:
u 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: Named blue-line stream/swamp system.
? 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: 3.32 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.°
As a general role, the impoundment of a jurisdictional tributary remains jurisdictional.
? Demonstrate that impoundment was created from "waters of the U.S.," or
? Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
? Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE[ WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):10
? which are or could be used by interstate or foreign travelers for recreational or other purposes.
? from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
? which are or could be used for industrial purposes by industries in interstate commerce.
? Interstate isolated waters. Explain:
Other factors. Explain:
'See Foomote # 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.

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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 ofjurisdiction 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 forjurisdiction (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
? Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
?
Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
? Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.
? Data sheets prepared by the Corps:
? Corps navigable waters' study:
? U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
? USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name:Leland and Winnabow 24K.
® USDA Natural Resources Conservation Service Soil Survey. Citation:Bmnswick County, 1986.
® National wetlands inventory map(s). Cite name:Lcland and Winnabow.
® State/Local wetland inventory map(s):DCM for Brunswick County.
? FEMA/FIRM maps:
? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
? Photographs: ? Aerial (Name & Date):
or ? Other (Name & Date):
Previous determination(s). File no. and date of response letter:
? Applicable/supporting case law:
? Applicable/supporting scientific literature:
? Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:
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10
Q WETLAND DETERMINATION DATA FORM-Atlantic and /Gulf Coastal Plain Region I'
Pro)ecVSite: _!t AbU3 040f ZDGU City/Courchr. Sampling Date: 1Y IZS I cm
Applicardio ner State: 0(-_ Sampling Polm: Wt +G
Investigator(s):t 4?1/V1\ Section, Township, Range:
Landform (hillslope, terrace, et .: AfZ6YXQ1q0
0,?_?iy(,"' Local relief (concave, convex, none): C" CAM-7(, Slope (%):
Subregion(LRR or MLRA): LQ2T Let: 34. 2c29tn7 Long: -^r 1%. 0444-1f_
44dp 1 Dat
Soil Map Unit Name: NVW dassifiration: j C' ;1 Z 1F
Are climatic / hydrologic conditions on the site typical for this time of year? Yes No _ (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology _ significantly disturbed? Are'Normal Circumalances' 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, transacts, important features, etc.

Hydrophytic Vegetation Present? Yes No Is the sampled Arne
Hydric SOB Present? Yes No _ within a Wetland?
Wetland Hydrology Present? Yes No
Yes No
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HYDROLOGY
Wetland Hydrology Indicators: Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: c heck all that aoolvl _ Surface Soil Cracks (B6)
Surface Water (All - Water-Stained Leaves (139) _ Sparsely Vegetated Concave Surface (BB)
_ High Water Table (A2) _ Aquatic Fauna (1313) Drainage Pagems(B10)
Saturation (A3) _ Marl Deposits (B15) (LRR U) _ Mesa Trim Unes (816)
Water Marls (61) - Hydrogen Sulfide Odor (C7) _ Dry-Season Water Table (C2)
Sediment Deposits (B2) _ Oxidized Rhizospheree m Living Roots (C3) Crayfish Burrows (Ca)
_ Drift Deposits (83) - Presence of Reduced Imn (CI) Saturation Visible on Aerial Imagery (C9)
_ Algal Mat or Crust (BS) _ Recent Iron Reduction in Tilled Soils (C6) Geomorphic Position (02)
_ Von Deposits (BS) - Thin Muck Surface (C7) _ Shallow Aquhard (D3)
X Inundation Visible on Aerial Imagery (B7) _ Other (Explain in Remade) FAC-Neutral Test (05)
-
Field Observations:
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epth (Inches):
Water Table Present? Yes No _ Depth (inches): r C
Saturation Present? Yes, No _ Depth (inches): U ( Wstand Hydrology Prwant? Yes No
includes capillary fd
Describe Recorded Data (stream gauge, monitoring well, serial photos, previous inspections), if available:
Remarks:
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version
L. J
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WETLAND RATING-WORKSHEETFourth.l/erslon P,
Project Name: C-40163 V1tlAbC '1_r&ID Nearest Road: LINGOt-t.l ?ZA-D
County f5QUn15wtnc tt Wetland Area:3.32 acres Wetland Width 300 feet
Name of evaluator %ie"tJ6t)Sr-1fJAvnlrrx-1 Date 02slool

D
vdraulic factors
organic-humus,
mineral - non-sandy
sandy
topography
ed or channelized
wetland width >= 100 feet
Location
pond or lake
perennial stream
intermittent stream
hin interstream divide
oil Series
predomina
Or peat
predomina
predomina
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Wetland type (select one)"
Adjacent land use
(within %mile upstream, upslope, or radius)
forested/natural vegetational' %
agriculture, urban/su¢urbariab-%
impervious surface; 0%
Dominant Veggetation
(1) NVS?,,,?er?
(2) AlnAc semA.JAAZ'
13)Sat? i ? ,
I ?
Flooding and wetness
X semipermanently to permanently
flooded or inundated
seasonally flooded or inundated
intermittently flooded or temporary
surface water
No evidence of flooding or
surface water
Bottomland hardwood forest Pine savanna
Headwater forest Freshwater marsh
=Swamp forest Bog/fen
Wet flat Ephemeral wetland
Pocasin Carolina Bay
Bog forest Other
_the rating system cannot be applied to salt or brackish marshes or stream channels
Water storage x 4.00 =_ZQ_
Bank/Shoreline stabilization c x 4.00
_l(@1j8tf7liiii [Sii
Pollutant removal 4 x 5.00
Wildlife Habitat S x 2.00 = D "'?i"'><?i`i
Aquatic life value x 4.00 - ?E?
Recreation/Education ? x 1.00 -_6
Add 1 point if in sensitive watershed and >10% nonpoint disturbance within '/: mile upstream,
upslope, or radius
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WlE?TLANO DETERMINATION DATA FORM - Atlantic and Gulf f _Coastal Plain Region
Project/Site: R.- 4ot,y3 ,f y tft(,? e Ic?.bAd City/County: LYUoSwiampling Date: 612-5101
Applicant/Owner. MOOT State: L Sampling Point: up 1 s
Investigator(s): 5 1 Section. Township, Range:
Landform (hillslope, temaL-0 D 1?4'L Local relief (concave, convex. rum): KAL Slope (%): 571
Subregion(LRR or MLRA): L Lora: - 1), D 40 Datum: N 3
Soil Map Unit Name: ,LP C 1-6'11 NWI tlassification:
Are climatic / hydrologic conditions on the site typical for this fine of year? Yes No _ (It no, explain in Remarks.)
Are Vegetation _, Soil or Hydrology _ significantly disturbed? Ars'Nonnal Circurtrstances' 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 within a Wetland? Yes _ MeX
Wetland Hydrology Present? Yes No
Remarks: {
HYDROLOGY
Welland Hydrology Indicators: S econdary Indicators (minimum of two required)
Primary Indicators (minimum of one is r equired: check all that sooty) _ Surface Soil Cracks (66)
_ Surface Water (A1) _ Wares-Stained Leaves (Bg) - Sparsely Vegetated Concave Surface (B6)
High Water Table (A2) _ Aquatic Fauna (B13) - Drainage Parts= (810)
_ Saturation (A3) _ Mad Deposits (815) (LRR U) _ Moss Trim Linea (816)
_ Water Marks (Bt) _ Hydrogen Sulfide Oda (CI) _ Dry-Season Water Table (C2)
_ Sedimerd Deposits (82) _ Oxidized Rhizospheres on Living Roots (C3) _ Crayfish Burrows (C6)
_ Drift Deposits (B3) _ Presence of Reduced Iron (C4) _ Saturation Visible on Aerial Imagery (09)
_ Algal Mat or Cmst (84) _ Recent Iron Reduction in Tilled Soils (C6) _ Geomorphic Position (D2)
_ Iron Deposits (B5) _ Thin Muck Surface (C7) _ Shallow AquitaM (03)
_ Inundation Visible on Aerial Imagery (B7) Other (Explain in Remarks) _ FAC-Neutral Test (05)
Field Observations:
Surface Water Present? Yes _ No Depth (iruires):
Water Table Present? Yes No Depth (inches):
_
Saturation Present? Yes_ No Depth (Inches): Welland Hydrology present? Yes _ No /X
(includes capillary trio
Describe Recorded Data (stream gauge, monitoring well, aerial photos. previous inspections). if available:
Remarks:
® US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version
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SOIL
Sampling Point: U P 5
Profile Description: (Describe to the depth needed to document the Indicator or confirm the absonca of Indicators.)
Depth Matrix
finches) Color(moisil % _ Color(matst) 'Yy Tvoe Texture Remarks
D-S MkP-311 10U IS
s-(o 1oY? to13 ?QQ - S

'Type: Cxoncentraboo. D=DePletion, RM=Reduced Matrix, CS-Covered or Coated Sand Grains. 'Location: 2i" Lini , M:Matr x.
Hydrfc Sob Indicators: Indicators for Problematic Nydric Soils :
Histesol (At) _ Poyvalue Below Surface (S8) (LRR S. T, U) _ 1 an Muck (A9) (LRR O)
_ Hisdc Epipedon (A2) _ Thin Dark Surface (S9) (LRR S, T, U) _ 2 an Muck (A10) (LRR S)
_ Black Histic (A3) _ Loamy Mutlry Mineral (Ft) (LRR O) _ Reduced Vertic (F18) (outside MLRA 150gB)
_ Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) _ Piedmont Floodplam Soils (F79) (LRR P, S, T)
_ Stratified Layers (A5) _ Depleted Matra (173) _ Anomalous Bright Loamy Soils (F20)
_ Organic Bodies (AB) (LRR P. T. U) _ Redox Dark Surface (FB) (MLRA 1538)
_ 5 an Mucky Mineral (An (LRR P, T. U) _ Depleted Dark Surface (F7) _ Red Parent Material (TF2)
_ Muds Presence (AB) (LRR U) _ Redox Depressions (Fit) _ Very Shallow Dark Sudan (TF12) (LRR T, U)
_ 1 can Muds (AB) (LRR P, T) _ Marl (F10) (LRR U) _ Other (Explain In Remarks)
_ Depleted Below Dade Surface (A/1) _ Depleted OUmc (Fl 1) (MLRA 151)
_ Thick Dark Surface (A12) _ Iron-Mangam ut Masses (F12) (LRR O, P. T) 'Indicators of hydrophytic vegeta8on and
_ Coast Prairie Redox (A16) (MLRA 160A) _ Umbric Surface (F13) (LRR P. T. U) wetland hydrology must be present,
_ Sandy Mucky Mineral (St) (LRR O, S) _ Delta Ochric (1717) (MLRA 161) unless disturbed or problematic
_ Sandy Gleyed Matra (S4) _ Reduced Vertk (1718) (MLRA 1600.1608)
_ Sandy Redox (SS) _ Piedmont Ftoodplain Soda (F78) (MLRA 149A)
_ Stripped Matrix (SO) _ Anomalous Bright Loamy Soils (F20) (MLRA 1494 163C, 1530)
_ Dade Surface (S7) (LRR P. S. T. U)
Restrledw Layer (H observed):
Type: ND-WL
Depth (unites): HydrIcSoil PresemT Yes_ No
Remarks:
0 US Amry Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version
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I
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Perennial Stream 5 (S5) and associated wetland seep, Wetland 9
(W9) along Village Road in Leland, NC.
State-NC County/parish/borough: Brunswick City: Leland
- Center coordinates of site (tat/long in degree decimal format): Lat. 34.2543650 N Long. -78.055527° E.
Universal Transverse Mercator:
n Name of nearest waterbody: Banton Branch
U Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: N/A
Name of watershed or Hydrologic Unit Code (HUC): Cape Fear 03030005
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
O ? 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):
p SECTION II: SUMMARY OF FINDINGS
A. BHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are n "navigable waters of the US." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
a 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 "maters of the US." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): t
? TNWs, including territorial seas
p? ? Wetlands adjacent to TNWs
?11?• ® Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs
? Non-RPWs that flow directly or indirectly into TNWs
® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWS
? Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
? Impoundments of jurisdictional waters
? Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
?-' Non-wetland waters: 1170 linear feet: 6 width (ft) and/or acres.
Wetlands: 0.05 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.
r-? Explain:
u
'Boxes checked below shall be supported by completing the appropriate sections in Section III below.
' For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
?+ ' Supporting documentation is presented in Section III.F.
1
Tributary stream order, if known: 2nd.
(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):
i Average width: 6 feet
? Average depth: 3 feet
Average side slopes: F-71,
.
Primary tributary substrate composition (check all that apply):
® Silts ® Sands ? Concrete
? Cobbles ? Gravel ® Muck
? Bedrock ? Vegetation. Type/%cover:
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: stable.
Presence of run/riffle/pool complexes. Explain: slow moving swamp waters.
Tributary geometry: Mea de g
Tributary gradient (approximate average slope): I %
(c) Flow:
Tributary provides for: Seasonal tluw
Estimate average number of flow events in review area/year: 2.:5
Describe flow regime:
Other information on duration and volume:
Surface flow is: Discrete Discrete and confined
Characterist
ics:
.
? Subsurface flow: Un known. Explain findings:
n ? Dye (or other) test performed:
l Tributary has (check all that apply):
® Bed and banks
® OHWM6 (check all indicators that apply):
® clear, natural line impressed on the bank ? the presence of litter and debris
? changes in the character of soil ? destruction of terrestrial vegetation
® shelving ? the presence of wrack line
® vegetation matted down, bent, or absent ? sediment sorting
? leaf litter disturbed or washed away ? scour
? sediment deposition ? multiple observed or predicted flow events
? water staining ® abrupt change in plant community
? other (list):
E] Discontinuous OH WM.' Explain:
If factors other than the OHWM were used to determi ne lateral extent of CWAjurisi iction (check all that apply):
High Tide Line indicated by: ? Mean High Water Mark indicated by:
" ? oil or scum line along shore objects ? survey to available datum;
? fine shell or debris deposits (foreshore) ? physical markings;
a ? physical markings/characteristics ? vegetation lines/changes in vegetation types.
? tidal gauges
t
? other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
u
Explain:
Identify specific pollutants, if known:
V
'A natural or man-made discontinuity in the OH WM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OH W M has been removed by development or agricultural practices). Where there is a break in the OH WM that is unrelated to the watcrbody'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.
u
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For each wetland, specify the following:
Directly abuts? (YIN) Size (in acres) Directly abuts? (YIN) Size (in acres)
Y 0.05
Im 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
a 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.
a 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?
n • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
U 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?
q? 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 ULD:FIows into an
RPW that flows indirectly into the TNW.
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 I11.1):
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 111.13:
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 ofTNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
111 tributary is perennial: Score of 33.5 on NCDWQ stream classification form..
? 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 111.6. Provide rationale indicating that tributary flows
seasonally:
ILJ

' Provide estimates for jurisdictional waters in the review area (check all that apply):
® Tributary waters: 1170 linear feet 6 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
a directly abutting an RPW: See perennial designation above.
? Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section IILH and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
a abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
Q 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
a 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
0 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
n ? Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
1. ? 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):'a
which are or could be used by interstate or foreign travelers for recreational or other purposes.
0 ? from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
? which are or could be used for industrial purposes by industries in interstate commerce.
? Interstate isolated waters. Explain:
? Other factors. Explain:
sSee Footnote # 3.
' To complete the analysis refer to the key in Section I I I.Db of the Instructional Guidebook.
10 Prior to asserting or declining C WA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent n'ith the process described in the Corps/EPA Memorandum Regarding CIVA Act Jurisdiction Following Rapanos.
1
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
® Tributary waters: 1170 linear feet 6 width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
® Wetlands:0.05 acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
a ? 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 ofjurisdiction 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 (fQ.
? 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 forjurisdiction (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
? Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
? Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.
? Data sheets prepared by the Corps:
? Corps navigable waters' study:
? U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
? USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name:Leland and Winnabow 24K.
® USDA Natural Resources Conservation Service Soil Survey. Citation:Brunswick County, 1986.
® National wetlands inventory map(s). Cite name:Leland and Winnabow.
® State/Local wetland inventory map(s):DCM for Brunswick County.
? FEMA/FIRM maps:
? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
? Photographs: ? Aerial (Name & Date):
or ? Other (Name & Date):
? Previous determination(s). File no. and date of response letter:
? Applicable/supporting case law:
? Applicable/supporting scientific literature:
? Other information (please specify):
' B. ADDITIONAL COMMENTS TO SUPPORT JD:

North Carolina Division of Water Qualih `-Stream Identification Form
Yerston 3 7
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Date:
6124169 Project:
-40 3° Latitude
:. 34,2s41i8 ,
Evaluator: Site: Longitude:
N 5 s -1? .054-83
Total Points: County: Other
Stream is at least inrerwraenr 2 ? 5-__
d> 19br erennial oj> 30 7 J
1 e.g. Quad Name:

O
0
A. Geomo holo Subtotal Absent Weak Moderate Str
I °: Continuous bed and bank 0 1 2 t2
2. Sinuosity A: „ I 2 3
3. 'In-channel structure; riffle-pool sequence A. I 2 3
4. Soil texture or stream substrate sorting 0 .1 2
5. Active/relic.flood lain 0' 1 ` 2 3
6. De ` sitional bars or benches 1 2. 3
7. Braided channel p 1' 2 3
8. Recent alluvial d' osits: 0 ) 3
9'. Natural levees I 2 3
10. Headcuts 0 1 2 3
11. Grade controls 0 0 1 LS
12. Natural valley or drain ewa 0 0. 1 1.5
13. Second or greater order channel on existin USGS or
NRCS ma or other documented evidence. No
`? Yes = 3
Man-made ditches are not rated; see discussions in manual
B. Hydrology Subtotal=:(0"5;.
a
14. Groundwater flowldischar e 0 1 3
15. Water in channel and > 48 hrs since rains, or Water in
channel - dry or growing season 0 1 3
16. Leaflitter 1.5 I 0.5 0
17. Sediment on plants or debris 0.5 1 1.5
18. Organic debris lines or piles wrack lines 0.5 1 1.5
19. H dric soils redoximo hic features resent? No = 0 Yes I.5
0 C. Biology Subtotal = ,S

20 . Fibrous roots in channel 2
ted lants in channel 3 2
ra fish 0 0.5
ialves 0 1
24Fish 0 0.5 9
Am hibians 0 0.5
26. Macrobenthos (note diversi and abundance 0 0.5
27. Filamentous al ae; periphyton 1
28. Iron oxidizin bacteria/fun s 0
29 . Wetland lants in streambed 20-
FAC = 0.5; FACW = 0.75; OBL = 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:
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WETLAND DETERMINATION DATA FORM-Atlantic and Gulf Coastal Plain Region
Off}?? VdiAnt,?-IN . CiWAI?.WaVIA Data: ID
Appikmwwner: N (DU - J state: N 1. Smwrp Pairs: W e+ Imesligabr(a): if O W i n P f Section, Township. Renee:
Landfam Mlllslepa, [moue etc p- A I raw (ems. cmnent none). cmin If, Sbm (%): 123
Subregion(LRR or MLRA): LAO-12;(-
rr' Lot: 34,25 diq'1 Lorv: -18,(5,115 >5 Datan:NAt783
Soil Map (hdl Name: 6" Sm O /Ar'I 0. Enp -g t ? A 141M dasalkabon: N OVl P.?
Are tllmabe Hydrologic = iaofa on 0e sib typl®I fa 0it "of yea(? Yes,y No _ (if m. eaphln in Rsmwkzj
Are Vepetador - Sop- or Hydrology _ slgrdlkangy dttebed? Are'Nerml Gramalances' pmsem? Yes -X- No
Are Vepelauar Sop _, a Hyefrobgy _ nabaa9y ooldarrelk'? (If needed. e: - II any srmeee in Reamuka.)
SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transeets, Important features, eta
Hydm*,Ik Vegetation Present? Yd No _ I Is the Sarrgded Arse
Hydrk Sea Presets Yea _ Y No_ within a lissome 7 Yea _ X No
WeasM Hydrology presemt yes ,s_. No _
sm t1 KA'1 -V4 St-T I dra m-S ?b 3,hItOLM GlAvAvied , 0,o5A L,
HYDROLOGY
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Welland Hydrology Indicators: I Setareant Indklors (minimum of two required
pdmwW bdkat= (minimum of one Is reouke& dram lie that aootr) _ Sudan Sop Gacks (86)
_ Sudaos Water (Al) - Webr-Staked Leaves (EM _ Sparsely Vegetated Cornm a &Wram (Ba)
High Wag Tads (A2) _ Aquatic fauna (013) ? Drakupa PanU (1310)
SaUratbn (A3) _ Marl Oeposib (B13) (LRR III _ Moss Trim U es (131 S)
Water Marko (Bl) Hydrogen Since Odor (Cl) _ DrySdason Wag Table (C2)
_ Sedimam Dsposlt (82) _ OslNmd Rldzosphoes on LMv Roots (CM _ Caypah Burrows (Ca)
_ OrM Deposits (83) _ Preaerca of Reduced Iron (G) _ Sabpation VM* on Aeftsf imagery (CS)
_ Algal Mat or Chat (81) _ Ream bon Reduction In TMW Soft (CB) _ Goo ov$k Position (D2)
_ bon Deposits (133) _ Ttan Mum Surfarn (C7) _ Shadow Aquaxd (03)
_ Ineeea m Visible on Aerial bMW" (BT) _ babes (Eaptabe in Pe is a) _ FAC-Neubd Teat (00)
Field Observations.
Surface Wag Present? Yes >( No _ DOOM Qrches):
Wag Tame Presmd7 Yes _X_ No _ Depth (lodes):
Saturation Ptesem? Yes _X_ No _ Depm (tracs):. Welland Hydrology Pres M7 Yea No
omens m
Desnbe Recorded Data (stream gaege, madgkng wee, aortal ptetm. tlevlous pnpectons), If amd8l :
RernaAS:
(1S Array Corp of Engireds AtIam)c end Ou8 Cam" Rater Region - Irrgbre Version
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V EGETAT)ON - Use sdentiflc names of plants.
SaMPft Pobv:_w

Tree Strahon (Plot size: 7
1. Absokft Dmmum hfdlrator
.7f•Cover Species StIft Dorttlnance Tat arrltslteet
Menem of DaMnam Specks
That Am OBL. FACW
or FAG:
(A)
2. ,
_

3. ToM ronmm of DaNnaa
Specks Amu A0 Strw: ?
B

4. _ (
)

5• Pcant of Omok rd Specks
That Am OBL
FACW
FAC
(D1 I

9. .
, or
:
. (AIS)
7.
PrwaMme alas worhsMet
Tall % corer of MwDIy bw
(?
Saofhm Strahmr (Plkl ti m 0 .05 h(-)
/. A(v,f rijbilm = Total Coven
`7 N A(. OBL apedes ¦ 1 w
FACW Spas •2-
2. FAC species x3-
3. FACU apedee X4-
4. UPL spades is-
5. Cahnrn Touts: W (B)
e.
7. Prsvaknoo Inclaa • BIA w

strip (Plot size: 0 •? ?. )
i. LACAuc M/M `i1we?A _S..c_ = Total Coven

4n_ A WOedmon bblcabme:
Hydrophyuc
Y Do n nonce Teat is-50%
- Prwalancel is s3.0'
2. J Pmbtem0c H0wpfyy0c VepI&*n' (Ergsain)
3.
a. 'Int irafms of hyddc soh and w*OWW hydrology nnni

s. he PreseM minas atsbabed or wotdenn
e. Owww" of Vepmalba Beau:
7.

?(Plot dza: U 1 ?7kC.. )
(ASMondLL GnnDrA6ViQ#-
Totai Corr

its) Tne - body Manta, artcudhg woody W m
apprm&rrmey 20 O (e m) or mine In heW and 3In.
nA an) r WW in "noW tl bMW height (OBH).
2.A(uMina u- (liAn lrr4fA
- 40
?L -LmtO7 ?'g- ?7p(' amwino MOO0y "s'
r
it (6 m) m ,we in helpld Bra) ka
Tom
3, L (?A
i h
Man Dun 3 r. nTf cm) OBFI.
a. Sh
Wo
b
t
d
d
Co
_ ru
-
ards,m woo
ra,
o
y p
y
approffina1* 3 to 2011(1 to 0 m) in heW t

7. M"-A0 hebaaepro (nw"mody) Manta. Including
hobo a term. rkGmdiesa of dze. brCUdke waad7
a. Muds. mwoody *"M lass Ihsn apmaifttlafsly

9. 3 e (1 m) In tr®glrL
10. Mraody vtm - A0 windy vbne reawde a of helptit
11.
12.
!?? A
(Pbt cite: l?bSAG
)
5 5 = Twat Cover

25 '4
NIA
?
,, Yr1)a?t _
2.
3.
1.
5. llydrephyfk
Va
etaflon
ley = Total Cows p
Poesad7 Y-s No _
Remarks: (If obaerre0. yut morptwlog" adapWons bNow).
US Army Gores of HgirCms At uft urd GW Coastal Plain Region - Irdmhn Vrsbn
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SOIL
Sarrt*v Pobnt 118t?q
Profits Description: IDescrme to the depth nasdod to document the kWkator or cmrthm the absence of Indicates.)
Depth Marta
fi
Onnch"I War !moan Retina
COW (maul TWAND Rema*s
Igo
0-2, 1OW-311
8-1Ut Inge 41t ]bt) --- SL

'Type: C=Conctuirs " RM=PAducod Mafrtx CS-Corerad Coaled Seth Grates. kocatlon: PL=Pore Linim, M+Mabk.
Hydric Son Indicators: Indicates fer Protlpmtlc Hydrle SOW.
_ MkNsd (At) _ Pdyrakm Sebw Surface (S6) (LRR & T. U) 1 an Muck (At) (LM O)
_ Wsdc Epipadon (A2) _ Thlo Dam Surface (SO) (LFtR S, T. U) _ 2 am Muck (AtO) (LRR S)
_ Dock r1Wfc (AI) _ Loamy Mucky MrteM (F7) (LRR O) _ RbAto d Vent (rl$) (owW? YLRA 1 n0A B)
_ Hydrogen SuMcbe f/Le) _ Loamy Glayed Matra (F!) _ Pitlntam FWOdphhn Soft (Fig) (LRR P. & T)
_ Sba6lkd Layers (AM _ DOOOW Matra (F3) _ Anomalous Bright Loamy Sobs (F20)
_ Drgadd Bodies (A8) (LRA P. T, UI _ Redox Dam Surface (F6) (MLRA 1638)
_ S cm Mucky Nnaal wn (LRR P. T. U) _ Deptstsd Dark Surb= (F7) _ Red Parent Maleft M-4
_ Murk Matte, (A6) (LRR U) _ Redau Dapresslars (F8) _ Vey Sh9or Dark S trace (TF111(LAR T. U)
_ t rnr Muck (ll9) Put P. T) Mart (F10) (LRR U) _ Other (Explain In Ranams)
_ Depleted Betsey Dam Stafece (All) _ Depleted Odvk (F11) (MLRA fat)
-x Thick Dam Surface (A72) _ Ion-Mapaneaa Masses (F12) MM 0. P. T) '1MkaWrs of hydrapnytk wostanen and
Coast PraMe Redox (A76) (MLRA I NA) _ Umtric Surface (F13) (LRR P. T. U) we9ard hydrology must be prasW.
_ Sandy Mucky Mineral (S1) ILRR o. S) Dena Ocluk (Fly) (MLRA 1611 urdess dhartbad or probkma0n
_ Sandy Guyed Mab x (Sat) _ Reduced Venk (F16) (NLRA 160^. ISM
_ `,arty Redox (SS) _ Pie tmom Floodplakn Sober (F19) (NLRA 1a9A)
_ Stripped Mahn (SS) _ Anomalous Bright Lamy Sobs (F20) (MLRA 149A. IM 163D)
Dam Sudece (37) (LRR P. S, T. U)
Restrlclhe Laym (D observ*M:
Typ.. NDA&
Depth (hngnes):
Hydrle Self Prwnt? Yes ? No

Raman _
US Amry Corps of Erpbteers Ada bC and GW Coastal Wain Region - hdelrm Version
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Wq
Project Name L.. - t --4C(03 VILLA 6 FJ)kD Nearest Road VILLA hL ROAD
County MJlj&VAC* - Wetland area 0,C5 acres Wetland width 10D feet
Nameofevaluator _%gui 1t O&Y'1,K{tMt? ? Date_ I 11-111 Q
Wetland location
on pond or lake
on perennial stream
_ on intermittent stream
_ within interstream divide
_ other: See J2
Adjacent land use
(within K mile upstream, upslope, or, rradius)
'C forested/natural vegetation FU%
>C agriculture, urban/suburban _5700/6
impervious surface /0
Soil series:
predominantly organic - humus, muck, or
peat
predominantly mineral - non-sandy
_ predominantly sandy
Hydraulic factors
_ steep topography
-ditched or channelized
total wetland width _ 100 feet
Wetland type (select one)*
Bottomland hardwood forest
_ Headwater forest
Swamp forest
Wet flat
_ Pocosin
_ Bog forest
Dominant vegetation
(1) AM rubo t1
(2) MVStYuM S%AtWe,
(3) AA.i A0.Y l a. a. a? i/r?to.
Flooding and wetness
_ semipermanently to permanently flooded or
inundated
seasonally flooded or inundated
_ intermittently flooded or temporary surface water
no evidence of flooding or surface water
Pine savanna
_ Freshwater marsh
Bog/fen
_ Ephemeral wetland
_ Carolina bay
Other: Sel.Q
The rating system cannot be applied to salt or brackish marshes or stream channels
R Water storage x 4.00 =
A Bank/Shoreline stabilization x 4.00 = Wetland
T Pollutant removal
I x5.00= n

ratt
I Wildlife habitat x 2.00 = 0
N Aquatic life value 0 x 4.00 =
G Recreation/Education 0 x 1.00 =
•• Add 1 point if in sensitive watershed and >10% nonpoint source disturbance within K mile upstream, upslope, or radius
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WETLAND / DETERMINATION DATA FORM-Atlantic and Gulf Coastal Plain Region
Pro)edlShe: 1?-4w3 v okot.AG ?-OAJ cftylr rm.. u6ci /16eUAwtc - Sampan. Data: 6 2101M
ApplicardfOwren ' ' ?1C.GbT 'l ' • State: N(. Sampling Point: } 1A
Investigator(s): (t i OSIG J 0.lM l S b'n Section. Townshlp, Range:
Landform (hftpope, terrace, etc.: 0.? . LOCI-S+7A l Local relief (concave, caner, none)/:. n 0 Y?-2 Slope (%):
Subregion (LRR or MLRA): Let: 4- 251050 Lora: -1 U , n 4-17 Z Datum: PJR•093
Soo Map Unit Name: ?wc S D t7..?^. S&-AAA NWI dassillcotion: N oyu,
Are climatic ) hydrologic conditions on tie site typical for this time or yea? Yes _ No (it no. explain In Remarks.)
Are Vegetation . Soil -, or Hydrology _ sgNkardy disturbed? Am Normal Circumstances' praseN? Yes ?( No
Ara Vegetation _ Soil _, or Hydrology _ naturally problematic? (If needed, explain any answers In Remarks.)
SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transacts, Important features, etc.
Hydrophytic Vegetation Present? Yes X He _ Is the Sampled Am
Hydrlc Sol Present? Yes _ No within a WoUand? Yes _ No X
Welland Hydrology Present? Yea No X
HYDROLOGY
WoUntod Hydrology Indicators: Secondary Indicators (minimum of two recurred)
Primary Indicators (minimum of one Is required: deck all thal sooMl _ Swtam Sop Cracks (136)
_ Surla a Water (AI) _ Water-SWned Learn (89) _ Sparsely Vegetated Concave Surface (80)
Ron Water Table (A2) _ Aquatic Fauna (Bt 3) _ Dra4uge patterns (810)
_ Saturation (/U) _ Mat Deposits IBIS) (LRR U) _ Mass Trim Linea (BIB)
_ Water Martel (81) _ Hydrogen Sulfide Odor (CI) _ Ort Season Water Tebbe (C2)
_ Sediment Deposits (BZ) _ Oiddimot RNzoaphekes on Living Room (C3) _ Crayesh Bunowa (CB)
_ Drift Deposits (63) _ Presence of Reduced Iron (CS) _ Saturation Vlstbse on Aerial Imagery (ca)
_ Algal Mat or Crust (134) _ Recent Imn Reduction In Thad Sofa (CB) _ Geomorphic Position (02)
_ bon Deposits (Bbd _ Thin Muck Surface (C7) - Shallow Aquttard (133)
_ awndaton Visible on Aerial Imagery (87) Other (Explain in Remarks) - FAC-Neutral Tap (DS)
Field Obaeryanom: ?/
X
Surface Water Present? Yes No
Depth ores):
Water Takla Present? Yes _
_ No Depth (1ches):
Saturation Presents Yea _ No, Depth (irides): Wofland Hydrology Preaarrt? Yes_ No
Inddes capillary fringe)
Describe Record Data (stream gauge. monitoring weft, aerial photos. previous Inspections). it available:
Remarks:
US Army Caps of Engineers
Atlantic and Gun Coastal Plain Region - Interim Version
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VEGETATION - Use sdentific names of plants.
Sampling Point: V? 1ko
Q p
Trea (Rot size: 0,
C 11 )(0. P
2. ?1 to
s Ab$OIWD Dwrdnant Indicator
% cover sSSt!l3..
_y U _

_L
1L D 4A(- Domttomce Test wwkshe t
Number of Dominant Species
That Am OBL, FACW, or FAC: (A)

-

3. CJlA / y W" 471
A0 1.? Total Ntanba of Domfiard
Spades Across AO Sham:
7 (B)
e.

S. Pmcenl of Dommnant Spades
That Am OBL
FACW or FAC: L (Af6)
6. ,
7
, Prevalence Index worksheet
Total % Covet d: MuleoN by:

11cc??
(Plot s)ze: 0, A L )
).
l L& AM r s A 4A Turd Cava
°
3 a 'FA(-
OBL species x i -
FACW species x2-
,C
2. Q,(/ (Ub?U m J?a - ,?_ •?EF? FAC spades x 3 -
3. FACU spades ¦ a -
4. UPL species x5-
5. Column Totals: W
0.

7. Pmraterrm Index = BfA

Shalt! strilturn (Plot sun: t A a C_
1.Lm v S'Myyv? 6 (nt.in.frC? ?+(,(_ • Toral Corer 7nwirtic vegetation Indicators:
Dominance Test Is >50%
- PravaieMe Index is 93.0'
2. \I- I.sn)UVVI r
pryYV,T ?aAYln AL
1 -Prmkmalk H,dromMic Vepmation'(Explah,)
,
3. -
-
4. 'Urdicatars of hydric soil and we0ard hydrology must
5
. be present, -MIN dislurbed w pro0lenadc.
S. DeOnilbns of Vepstdlon Spam:
T'

Hem StraMn (Rol size: )
1.
-70 - Tom) cover Tree - Woody plelds, excluding woody vines.
approximately 20 0 is m) or mom in hdpht and 3 in.
(7.5 an) or larger in diarneter d breast height (DE".
2. a oxi a W ganh. axdWtrrg woody avines
nd less y 20 20 it (8 m) or more in might and
1 than 3 In, ITS an) DBH.
a• Shmb-Wood
plants
a-,,h
vines
wood

S. g
y
,
,
y
approximately 3 to 20 S (t to S m) In hetghL
6.

7. Herb- AD herbamous (nor woody) plants. btdWing
lwrbaceorn vines, regardless of sue. blNldes woody
S. plards, excerpt woody vines, less Nan appoxmasely
3 d V m) in heiote.
10. Woody vine- Ali woody vines, regardless of height.
it.
12.
t)•4ot
(Pia due: ) °TOlal sever
2D MIA
2. '
3.
4.
5. Nydrophytit
Ve
etation
_ -Total Cow g
Present? yea 4_ No _
Remafks: (If observed. 09 morphological adaptations beMw)•
US Army Corps of Etgineero Atlantic and Wf Coastal Rain Region - Interim Version
1
MIL
C?
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0
0
0
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v
IN
Sampling Podrd: -UL4119
Profile Description: 10mdbo m tiw depth rmoded to docurrmrA Uw )ndkawr or cw+flrm the abeanw of indkawr.l
DeM Mama R ox Features
Implies) Color tmoiso % cola (moist) % _ Tvve* Loe Texture Remarks
0-u iolp- l lab
U- I Q 1W S14 100
I fl-Il.+ !QYR?Lla.lo.o - - -

'TYPO: RM=ROMmed Matrt? CS=Coyered or Coated Sand Gramm. 'LOrafian: PL=Pore . M=hlamx.
Hydric Sail Indicators: Indicators for ProbtamaUC Hydric Moils
_ "dosol (At) _ PolyvaWe Below Surface (S8) (LRR S. T. U) _ t cm Murk (AM (LRR DI
_ H)atic EPipedon (AZ) _ Thin Dark Surface (S8) (LRR & T, U) _ 2 an Muck (A70) (LRR S)
- Black His0c (A3) _ Loamy Mucky Mineral (F1) (LRR O) _ Reduced VeNC (F18) (outside MLRA 150A.B)
Hydrogen Sulfide (A4) _ loamy Greyed Mama (F2) _ Pledmgm F'Wadplain Soft (F 19) (LRR P. 8. T)
_ Stra08ad Layer (A5) _ Depleted Manx (F3) _ Anomalous BrFgm Lonny Solis TM)
_ Organic Bodies (A5) (LRR P. T, U) _ Redox Dark Surface (F8) (MLRA 1538)
_ 5 an Mucky Mineral (AT) (LRR P. T. U) _ Depleted Dark Surface (FT) _ Red Parent Material ff2)
_ Muck P esence (AB) (LRR U) _ Redm Depressions (Fe) _ Very Shallow Dark Surface (TF12) (LRR T, U)
_ 1 an Muds (W (LRR P, T) _ Mad (F10) (LRR U) _ Otis (E)pMin In Remarks)
_ Depleted Below Dads Surface (Al 1) _ Depicted Odut (F11) (MLRA 151)
- Thick Dads Surface (A12) _ irw-Marpaness Masses (1712) (LRR 0. P, T) sIndicatws of hyrbophytic vegetation and
_ Coast Preife Redox Will (MLRA IWA1 - UmMk Surface (F13) (LRR P, T. U) wedand hydrology must be presenL
_ Sandy Mucky Mineral (S7) (LRR O. S) _ Delta Okridc (FIT) (MLRA 151) unless disturbed or problematia
_ Sandy Gleyed Matrix (SS) _ Reduced Veriic (F 18) (1l111.RA IGGA, 1508)
_ Sandy Red" (S5) - PW&no i Ftoodplain Soft (Fig) (MLRA 149A)
- Stripped Matrix (S5) _ Anomalous Bright Loamy Sob (F20) (MLRA 149A,1530,1570)
- Dark Surface (ST) (LRR P. S, T, U)
Rptrtcgw Layer (if obsurmdl:
Types: N'dY?e
Depot (krrlws):
Hydric 300 Present? Yes _ No
Remarks:
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - interim Verson
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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:
!!11" C. PROJECT LOCATION AND BACKGROUND INFORMATION: Stream and wetland system at intersection of Village Road and
Leland School Road in Leland, NC. Stream 6 (S6) is a perennial stream thatjoins Stream 7 (S7), a intermittent channel and Stream 7a (S7a),
another intermittent channel. Two wetlands, Wetland 6 (W6) and Wetland 7 (W7) are adjacent to the channels.
State NC County/parish/borough: Brunswick City: Leland
Center coordinates of site (lat/long in degree decimal format): Lat. 34.258918° N, Long. -78.044633° E.
Universal Transverse Mercator:
Name of nearest waterbody: Banton Branch
Name of nearest Traditional Navigable Water (TN W) into which the aquatic resource flows: Brunswick River
Name of watershed or Hydrologic Unit Code (HUC): Cape Fear 03030005
® 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
I; different JD form.
n D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
u ? Office (Desk) Determination. Date:
?y ? Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
U A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Ar "navigable wafers 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.
/p 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]
W 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
?I ? Wetlands adjacent to TNWs
1? ® Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs
? Non-RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
? Impoundments of jurisdictional waters
?. ? Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: 1425 linear feet: 4 width (ft) and/or acres.
Wetlands: 0.12 acres.
c. Limits (boundaries) of jurisdiction based on: 9987 Delineation Manual
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):
? Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
'Boxes checked below shall be supported by completing the appropriate sections in Section III below.
' For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(c.g., typically 3 months).
' Supporting documentation is presented in Section III.F.
t? SECTION III: CWA ANALYSIS
I
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.I 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.I.; otherwise, see Section IILB below.
Q 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
n months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
Y171 (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 HLDA.
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.I for
the tributary, Section III.B.2 for any onsite wetlands, and Section 1I1.B.3 for all wetlands adjacent to that tributary, both onsile
and offsite. The determination whether a significant nexus exists is determined in Section IILC below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: lsquar re miles
Drainage area: 1 square miles
Average annual rainfall: 57 inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
? Tributary flows directly into TNW.
? Tributary flows through 2 tributaries before entering TNW.
Project waters are 22-5 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 S (orless aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW': S6, S7, and S7a flow to Banton Branch. Banton Branch flows to Mill Creek, Mill Creek
empties into Sturgeon Creek and Sturgeon Creek flows into the Brunswick River.
' Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
Plow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then [lows into TNW.
i
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Tributary stream order, if known: 2nd.
(b) General Tributary Characteristics (check all that aujy).
Tributary is: ® Natural
? Artificial (man-made). Explain:
? Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: 4 feet
Average depth: 5 feet
Average side slopes: 2:71
.
is
i
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: slow moving, swamp waters.
Tributary geometry: Meandering
Tributary gradient (approximate average slope): I %
(c) Flow:
Tributary provides for: Seasonal fl w
Estimate average number of flow events in review area/year: Pick List
Describe flow regime:
Other information on duration and volume:
Surface flow is:
Characteristics:
Subsurface flow: U` kn n. Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
® OHWMe (check all indicators that apply):
® clear, natural line impressed on the bank
? changes in the character of soil
® shelving
® vegetation matted down, bent, or absent
? leaf litter disturbed or washed away
? sediment deposition
? water staining
? other (list):
? Discontinuous OHWM.' Explain:
If factors other than the OHWM were used to determ
? High Tide Line indicated by: ?
? oil or scum line along shore objects
? fine shell or debris deposits (foreshore)
? physical markings/characteristics
? tidal gauges
? other (list):
? the presence of litter and debris
? destruction of terrestrial vegetation
? the presence of wrack line
? sediment sorting
? scour
? multiple observed or predicted flow events
® abrupt change in plant community
me 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: mucky, swamp water.
Identify specific pollutants, if known:
°A natural or man-made discontinuity in the OH WM does not necessarily sever jurisdiction (c.g, where the stream temporarily flows underground, or where
the OH WM 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.
I 'Ibid.
North Carolina Division of Water Quality -Stream Identification Form; Version 3.1
Date: Project: Latitude:
( 21,101 ?- 401v3 34, 25LP" I
Evaluator: Site: Longitude:
S >? cc," I JAVb a VILAGt VbAQ S - 0411 S
Total Points: County: Other
Stream is at least intemtiuent ?7 G Q p 6N e.g. Quad Name: ??/y,,?
if>l9 or perennial of>30 23.5 NSWI L lM?tt°O

A. Geomorphology Subtotal = Absent Weak Moderate Stron
1'. Continuous bed and bank 0
-- 1 2 3
2. Sinuosity TO) 1 2 3
3. In-channel structure; riffle-pool sequence 1 2 3
4. Soil texture or stream substrate sorting 0 1 2 3
5. Active/relic flood lain 0 I 2 3
6. Depositional bars or benches 1 2 3
7. Braided channel 1 2 3
8. Recent alluvial deposits 1 2 3
9'. Natural levees 1 2 3
10. Headcuts
$ 1 2 3
11. Grade controls 0.5 1 1.5
12. Natural valley or drains ewa 0.5 1 1.5
13. Second or greater order channel on existin USGS or
NRCS ma or other documented evidence. 0
No Yes = 3
'Man-made ditches are not rated; see discussions in manual
B. Hvdroloev (Subtotal = ?) )
14. Groundwater flow/discharge 0 1 2 3
15. Water in channel and > 48 hrs since rains, or Water in
channel - dry or owin season 0 1 2 3
16. Leaflitter 1.5 1 0.5 0
17. Sediment on plants or debris 0.5 1 1.5
18. Organic debris lines or piles (wrack lines 0.5 1 1.5
19. H dtic soils redoximo hic features resent? No = 0 Yes = .5
1 S )
C. Biolotrv (Subtotal=
20 . Fibrous roots in channel 2 1 0
21 . Rooted plants in channel 3 2 1 0
22. Crayfish 0.5 1 1.5
23. Bivalves 1 2 3
24. Fish 0 0.5 1 1
25. Amphibians 0 0.5 1 .5
26. Macrobenthos note diversity and abundance 0 0.5 1 1.5
27. Filamentous algae; eri h on 1 2 3
28. Iron oxidizin bacteria/fun us Lo 1 0.5 1 1.5
29*. Wetland plants in streambed FAC = 0.5; FACW = 0.75; OBL = 1.5; SAV = 2.0; Other = 0
'[term 20 and 21 focus on the presence of upland plants, Item 29 focuses on the presence of aquatic or wenand plants
Notes: (use back side of this form for additional notes) Sketch:
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SOIL
Samr pangs Point: 1_

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Profile Description: (DaKrlbs to tbs depth rreode0 to doew MR the Indicstm or cornth the absence of Indicatere.l
Depth Matrix
fincheal cow(mQict) %
Cowimridl % Tvw' Terre Remarks
0-4 IpWI312 -M --- 51.
I?_ loq 511 D0
It Itc? I04-toIZ 1' SL-
-
-- -

IT
C?arnoermatim-RWR§.MuQd Metrh. CS-Covered or Gerald Smtl Cralro. koctmarl: PL-Pore Uning, N=Ma6u.
Hydrae 8o0 Indicators: Indicates for Problematic Hydric SoOS :
_ Hbtceoi (At) _ Polvalue A ' Surface (S8) (LRR S. T. U) _ 1 an Muck (W PAR O)
_ H WC Epipedon (A2) _ Thin Dark Surface (SS) (LRR S. T. U) _ 2 an Muds (A10) (LRR 8)
_ Black HbW (A3) _ Loamy Murky Mb" (Ft) (LRR O) _ Reduced Vanic (1718) (rutaNe an RA 150/.8)
_ Hydrogen SutBdr (A4) Loamy Gheyed Matrix (F2) _ Pledmonl Rordplakr So03 (F18) (LRR P. S. T)
_ StraUBed Layers (AS) Departed Matrix (F3) _ Ammmakm B hl Low" Solls (F20)
_ OWmc Bodies (AS) (LRR P, T, U) Rader Dark Surface (FS) (MI.RA 1838)
_ 8 an Mucky Mineral 07) (LRR P. T. U) _ Depleted Dark Surface (Fn _ Red Pared Material (M)
_ Muck Presence (A8) (LRR U) _ Redoa Depressions (FB) _ Very Shallow Dark Surface (fF 12) (LRR T. U)
_ 1 an Muck (AS) (LRR P. T) _ Mali IN 0) (LRR U) _ Other (Explain in Remarks)
_ Depicted Bebo Dark Surtece (At 1) _ Depteced Odrk (F11) (MLRA 151)
_ Thick0arkSurface(A12) _ Iron-Manganese Masses 02) (LRR 0. P. T) %dicebrs of hydrophylic vegetation and
_ Caeat PraMe Redox (A1(l) (MaLRA 180ry _ Umbdc Suftm (F13) (LRR P, T, U) ne0amd hydmbgy must be presarr,
_ Srdy Mucky Mineral (S7) (LRR O, 8) _ DeOa OCVIc (F17) (MLRA 181) unless disturbed of problematic.
_ Sandy Gleyed Matrix (S4) _ Reduced Verge IFI a) (MLRA 18OA.1808)
Sandy Rsdox (SS)
- Pledmerd Flrodplaln Sons (F1g) (MLRA I"
SOipped Mash (SO) Anomalous BriOM Loamy Solis (F20) @LLRA 149A.1830, 18.TD)
Oark Surface (S7) (LRR P. S, T. U)
?
RMrktM Lay
(B observedq '
(
?
Type: Nbyl-C ? At
Depth (Inches): Hydrk Boll PreesMT cos / V No _
Remarks:
I US Army Corps of Engineers ARantic and Guff Coastal Pain Rogbn - Interim Version
?{ r+?a y 'a? Txdr t e?. v 1e ? yv
y f. e S F r A as a S 3 f t a
i` i
xF ,f 5
y 1 .i } 1 L
n W ANQr NGWRFESHEET<Fourtfi l/ersibrt
Pibject.Nair f; 4OV3 VIUACxE.QAA?° ° ' Nearast.Roed ?UWD SC110tL 4-utk
lji r3RnW6u??c K- °: ' WetandArea Court aces Wetland Width' Sfeet :: ;
! a Name of Evacuator SHEI,Irica oSt+i tJ hrn tcnN rte= ?"" ? Evaluation Date Lc 125 ? 0°I
t r ?' r a ?
etiand Location' AdJacertt land uses '
pN ( h (wHhin'h mile upstream, upslops, or radius) .
nal stream- grihure, urbanisuburban %Mermlttent stream 'OUS sur
on Lornwimly onor fgrestedlnatural.vegetation Z%
Dominant Vegetation Doiru.i5 -"a. omnarttly organle-humus, muck, (3) peat ominantly,mineial ' non-sandy.
sandy.
Flcoding and wetness
Hydraulic factors serhipermanently to_perritanently
flooded or Inundated
a steep topography -seasonally flooded of Inundated
ditched or channelized Intermit6ittly flooded or temporary
`total wetland width >=100 feet surface water
No evldenc'of flooding or
O surface water `
Wetland type (select one)*
Bottomiand hardwood forest Pine savanna
Headwater forest Freshwater marsh
Swamp forest' Bogffen".
Wet flat Ephemeral wetland
=Pocasin Carolina Bay
Bog forest Other
*the rating system cannot be applied to salt or brackish marshes or stream channels
---------------------------------------
Water storage OS x4.00=Bank/Shoreline stabilization D' x 4.00
Pollutant removal 0. S x 5.00 = 2.5 .
Wildlife Habitat I x 2.00
0 Aquatic life value O 'x 4.00 =e?_ l'
Recreation/Education r7 x 1.00
• Add 1 point if in sensitive watershed and >10% oonpoint disturbance within Ya mile upstream,
upslope, or radius
If
10
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WETLAND DETERMINATION DATA FORM - Atlantic and Gulf Coastal Plain Region
-AD1e3 Ian.-, Root, cW0r'W..lt-AAAA16furlSvAdL SanaMDM: uiztat0
N r f)aT State: N (. SWIPDnp Ilad: Vltr-+ 7
?spjlf\ J Seedon, Township, Ranpe:
laMimn (hdlsbpe, (swats. cJ: ?0.?) SS A Locolrelief (wlxeve. mrnws, rims): 1`S a ?L Slope 1X1: t , f,
Subregion (.RR or MLAA): Let ? Long: M bI Lie Dahrm: n1 AQf ?>
sod map ure Name: '{" a' L6 :9 cl NN Classification: Flo I r
Am climatic I hyardopk conditions on the We typlmf for des time our year? Yes No _ (if no. ercplahn in Rwwu,)
Ara Vegetation Soil - or HydrtAogy- sorifter®y dlsnrroed? Am 'Normal Chaastamxa' present? Yes, No
Are Vagetstlon Sod _ or Hydrology _ nahrially prualmnadc? Of needed. explain any answers In Ramafks.)
SUMMARY OF FINDINGS - Attach site map showing sampling point locations, trensects, Important features, etc.
Iiyd,opAylic vepew mr Present? Yea X. No- to this sampled Are
Hydric Sell Present? Yes 7 _ M- within a Wattsraf? Ye No
WOOMW Hydrology Present? Yea _p_ No
Remarks:
HYDROLOGY
vWdand Nydrobpy Indicators:
Prim nt Indkatons Iminimum of ona Is remdmd: Check oil that aooM _ Sudam Sop cracks ("
_ Surface water (AI) _ Warm-Stained Leaves lsg) Spam" Vegetated Cornea" Surtam (88)
_ High Water Table (A2) _ Agoatk Fauna (813) Dmbmge Petenns (SIO)
sousatimn M _ Mal Deposits (815) (LRR D) _ Mms Trim Liss (el f
_ waterMar" (et) _ Hydrogen SWdde Oda (C1) _ oq-s n Water Table (c2)
_ Sediment Deposits (84 _ Oxidized RNzmgterea on UvbV Rods (C8) _ CmYfth mows (C8)
_ Drift Deposits ((33) _ Peaenm of Reduced Iron (G) _ Simulation Vlabb on Aerial imagery (CO)
_ Aloof Mat or Crust (8e) Remnt iron Reduction In Tilled Sods (CB) _ Gaommp is Position (O2)
_ tim Depwtb (85) _ Thin Muds Srntsce (C7) _ Shadow Agtdwd (D3)
_ hoomtM Visible on Ae" Imapmy (87) _ OIM (Eopae in Remarks) _ FAC-fammaf Teat (W)
Fluid observations:
Surem Water present? Yes No ^ Deptin OrchnY
Water Table prurient? Yea No
nt? Y
t
Me
P
sE No
s _ Depth Orwhes):
th( irxAaal: Ilf fL
De
Wattend Hydrolo
Prasorn? Ye? No
a
fp
n
rese
e
Onchifts capillary fringe) _
p gy
_
Desoee Recorded Dee (stream gauge, monitoring wad, eats! photos, previous Inspedbre). a avadaete:
Remarks:
US Army Carps of EMinees Atlanta; and Gst Coastal Plain Region - In hom Version
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VEGETATION - Use sderltft names of plants.

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Tree Stratum (Rea age: )
1. Absolute Deninard brafkator
% cvnu SoKin sum DmlNrronCe, Teat workshost
Wenger of DomineN Species
That Are OBI, FACW, or FAC: W
2,

3. Total rhsrmer or OrndrLw
Spedea Across AN Strata:
(B)
?. -

S. Pow of oom'surn species
That Am OBI
FACW
or FAC: ' bD ?• (NB)
. ,
,
7
.
7
Provaterme Indea wrorksluet
TafN %Caw aF. k/rraldy try:
QQ
?n(Plel aW: o oU. A L )
PY NbrIIW1n
1 • Total Caw OBL spedea a ,
FACW spades x2-
2, FAC species x3-
3. FACU species s 4
a, tlPL spades s s
3. Cokeorn Total, W (B)
8.
7. Prevel6rrae krdea • BIA •

StruD 6tralum (Pm eve: Q a G )
,, ¦ (lrJ STTt/?>l SI rlQ .l?I.t_ T = Total Cow

? ? X Hydrophyfle Vegetation Indicators:
oomtruM,a Too eat is SO%
. Prevalence Index is %3.0'
2. J _ Problematic Hydm*t* Vapaugon' (EVlain)
3.
4. ?btdk=" al lrydrlc mail and waft hydrology must
S
. be present, unless disturbed or problematic,
S. Definitbro of VegeWlon &nte:
7.

re (P1ol age: U' o .?• )
1 Q %I ,? , -
2. w t 1
?• Taut Cover

- ?s N Hatt
15 N Trs-Woody pea. asdudYq woody Mrrem.
approxyrur y 20 it (S m) or mom In hetWd and 3In.
p.3 crn) a larger In diameter at breast height (OBF),

VYbody plants. exceeding woody *mm
approdmsfery 20 n is m) or more In height and Was
3. i vttt n- a 16, than 3 in. (7.8 =) DSN.
a. Staub - Wood
lants
modtdh
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vines

3, y p
q
y
,
.
apperdmaMly 3 to 20 it (I to a m) in height.
S' N

7. ab - AD hadascaee (ronvvoodh plants, including
herabecatoru vkws, regardless of size. Includes woody
a, panda, eaep woody rhea, less than appmdnrately

9. 3 0 (1 m) In height.
10. Woody Nat-A0 woody vines, regard0aa of height.
It.
12.

mbi;ftyine (Pkr Give: ac- ) ?. Total Cover

25 \k
I
,. ?r1aX Soso.
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,.

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V
9
.
??" • Total Cow 99013
011
Present? Y" No
Remarks: (11 observed. IM morphological adaptations below).
0 US Army Carps of Enginows Attantk and Gulf Coastal Ptatrr Region - rderion Version

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Profile Descdpdom: IDewtire to do depth keeled to document the Indicator or coalam the @- co of Indirators.l
Depth Matrix
lindmsl C for (mrisn III
Colo( (neis0 _?i Tvoe _ T@Xh" Remarks
?_ IoyK311 • _ _ fSt,

'Type: C-C ncen ratlm on. RM=Reduced Maftb? CS--COMW u Coated Send Gnun& tl.ocetkon: PL=Pore Uning, st=Maaic
Hydric Soil Indicators: Indicators law Problematic Hydrk Sofia :
HWosd (Al) _ Pdyvalua Below Surfam (SO) (LRR S. T. U) _ 1 can Muck (A9) (LRR 0)
_ Hick Fpipedon (A2) _ Thin Dark Surface (S9) (LRR 8. T, U) _ 2 an Muck (AtD) (LRR 8)
_ Black Hlabc (A3) _ Loamy Mucky Mineral (F1) (LRR 0) _ Reduced Yartic (F18) (ouWda MLRA 168118)
_ Hymopen Seddde (M) _ Loamy Gleyed f 1 11 (172) _ Plednlom Floodplain Soft (F1S) (LRR P, 8, T)
_ Stratified Layers (A5) _ Dept GM Mabb, (F3) _ Mgmakmc Brigid Loamy Sob (FM
_ OWk Bolles (AB) PAR P. T. U) _ Redoa Dart Sufam (FB) (t6LRA ISM
_ 5 km NWdy MkWW U(7) (LRR P. T. U) _ Oegek.M Dart Surf" (F7) _ Red Parent Matelot (TF4
_ Mud Preaetrs (" (L1tR U) _ Redoa Deprtpaiona (FO) _ Vary Shallow Dent Surface (TF12) (LRR T. U)
_ i ah Mud (A9) (LRR P. T) _ Mad (Fig) (LRR U) _ Odw (Explain In Rerarke)
Depleted Below Dark Surface (At 1) _
Thick Dark Saba (At 2) _ Depleted Ocric (Ft 1) (MLRA 161)
Iron•Mangmse Maven (F12) (LRR O. P. T) eketicators of hydrophytk vegetation and
_ Coast Pmkie Redox (A16) (MLRA 1681() _ (knbric Surface (Ft 3) (LRR P. T, U) welland hydrology mO1 be prasaht,
_ Sandy Mucky MInersl (S1) (LRR O. 8) _ Doha Ocuk (F17) (MLRA 1511 unless disturbed or pmblemO-c
_ Sandy Gloved MaM (54) _ Reduced VMk (F78) (MLRA I" 1808)
_ Sandy Redo t (S5) _ Pledmorl FloodpLvn Soils (F19) PMLRA 149A)
Stdppad Mauts (SO) _ Anomalous Bright Loamy Soft (F20) (ML AA 143A. IM /530)
Dart S rf: m (S7) (LRR P. S. T. U)
Raauktise Leyat (S observed) '
TypC p.IO
Depth (Inches): Hydrk Sul] Present? Yee No_
Remade:
D US Army Caps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version
1

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etianii Loeationr Adjacent land use
(within!/s inlle upstream, upslope, or rodi
on pond or lake.,.. forestedlna_turat vegetation ?I
on
perennial stream.: '
.
agriculture; urbaNsuburbari
12
on intei mlifimli stream . impeivl
ous surfat e .
wlthln Irterstreamillvide i
other
Dominant Vegetation
oll3erles '(1)?
, (2) vl?A?niLaCi•

muck,
.. Dredominanty organie, -hum us,
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Or peat. " ..;:. .
redominantly mineral - non-sandy
redominaMy sandy
Flooding and wetness
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flooded or inundated '
topography, seasonally. flooded, or, Inundated
et1 or. channelized :Z:intermittentiy flooded or temporary
wetland wkith » 100 feet surface water.
_No.evidence 'of flooding or
surface water
Wetland type. (select one)'
Bottornland hardwood forest' Pine savanna
Headwater forest Freshwater marsh
Swamp forest Bogffen
wet flat Ephemeral wetland
=Pocasin Carolina Bay
Bog forest Other
'the rating system cannot be applied to salt or brackish marshes or stream channels
---------------------------------------
Water storage x 4.00 =_--
Bank/Shoreline stabilization Q x 4.00 = ?
Pollutant removal Q.S x 5.00 = 7.5 r B d
Wildlife Habitat i).S x 2.00 =J_ , u R ung
Aquatic life value v 1 x 4.00 =e)_ c r a Yµ {
Recreation/Education?-x 1.00 =_0 , ; a
• Add 1 point If In sensitive watershed and >10% nonpoint disturbance within /a mile upstream,
upslope, or radius ;
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E 44
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
hhis form should lie completed by following the instructions provided in Section IV of the .1D Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONA1, DETF.RN1INATION (JD):
B. DISTRICT OFFICE, FILE NAVE, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Non-jurisdictional pond and intermittent stream along Village
Road in Leland, NC. Pond 2 (P2) and Stream 8 (S8).
State:NC County parishrborough: Brunswick City: Leland
Center coordinates of site (lavlong in degree decimal format): Lat. 34-150436" N. Long. -78.03489,8" E.
Universal Transverse Mercator:
Name of nearest waterbody: Mill Creek
Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: Brunswick River
Name of watershed or Hydrologic Unit Code (HUC): Cape Fear 03030005
® Check il" map%diagram of review area and/or potcntitll jurisdictional areas isiarc available upon request.
? Check if other sites (e.g., offsite mitigation sites, disposal sites, cic...) are associated with this action and are recorded on a
diflcrrnt ID forth.
D. REVIEW PERFORMED FOR SITE EVALUATION ((:HECK AL1, THAT APPLN'):
? Office (Desk) Determination. Date:
? Field Detcrnunation. Date(s):
SEC 'l ION II: St MINI %RI OF FINDINGS
A. RH:X SE I [ON 11) DETERMINATION OF JCRISDICTION.
Therc Are no navigable raters of the U.S." within Rivers and Harbors Act f RI1A) jurisdiction (as defined by 33 C'FR part 329) in the
review aura I R,,g0redJ
? 1Catcrs subject to the ebb and flow of the tide.
? 11 suers are presently used, or have been used in the past, or may be susceptible tier use to transport interstate or foreign commerce.
Explain:
B. CND k SEC I'l0N 4(14 Dh:TERNIIN.kTION' OF JURIS1)1C IION.
There Are "feelers ref the U.S. within Clean Water Act (0k A) jurisdiction (as defined by 33 CI-R part 328) in the review area. (Regmrc,l
Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply):
? TNWs, including territorial seas
? Wetlands adjacent to TNWs
® Relatively permanent waters` (RPWs) that flow directly or indirectly into "I'NWs
? Nun-RPWs that flow directly or indirectly into'fNWs
? 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 %%aters of the U.S. in the review area:
Non-wetland waters: 233 linear feet. 3 width (ft) and or 0.20 acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on:
Elevation of established OHWAI (if known):
2. Non-regulated watershvetlands (check if applicable):`
® Potentially jurisdictional waters and, or wetlands were assessed within the review area and detennined to be not jurisdictional.
L:xplain: S(ormwater pond, P2 deemed not jurisdictional.
Boxes checked he low shall be supported by completing the appropriate sections in Section II I helo?k.
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 (cast "seasonally"
Ic.g., typically 3 months).
Supporting documcniauon is presented in Section I II F.
1
SECTION 111: CWA ANALYSIS
' A. TNNN's AND WETLANDS AD,IACENT'1'O 7'NNN's
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNNYs. If the aquatic resource is a TNNN', complete
Section IILAA and Section 11LD.L only. ifthe aquatic resource is a wetland adjacent to a TNNN', complete Sections HLAA and 2
and Section IILD.1.; otherwise, see Section III.B below.
N
Identi
tity TNW:
Summarize rationale supporting determination:
' 2. Weiland adjacent to TNNN
Summarize rationale supporting conclusion that wetland is -adjacent
B. CHARACTERISTIC'S OF TRIBUTARY (THAT IS NOT A TNNN') AND ITS ADJACENT NN ETL:INDS (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 Rapanoshaye been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNNN's where the tributaries are "relatiych permanent
waters" (RPNN's), i.e. tributaries that typically flory year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPNN' is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section IILD.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.1).4.
% wetland that is adjacent to but that does not directly abut. an RPNN' 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 anv) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
' If the waterbudv4 is not an RI'NK', or a wetland directly abutting an RPW, a JD will require additional data to determine if the
walerbody has a significant nexus with a TNW. ll'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 trihutary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section 111.6.1 for
the tributary, Section 111.6.2 for any onsile wetlands, and Section III.B.3 for all wetlands adjacent to that Iributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section IILC helow.
' 1. Characteristics of non-TNNN's that flow directly or indirectly into TNNN'
(i) General Area Conditions:
Watershed svc. square miles
Drainage area. ? square miles
Ncerage annu:d r; mlall i- inchc,
\ crage annual .ntwclall. Inches
i iii) Physical Characteristics:
i,i I Relationship with TN W:
' ? Tributary flow's directly into TNW.
Tributary flows through 2 tributaries before entering TNW.
Project waters are 2-5 ri?cr Tile, from TNW.
Protect waters are 1 (or less) rner miles froth RPNN'.
' Project waters are 2-5 aerial ( ,traight) miles from TNW.
Project waters are 1 (or less) aerial (straight) miles from RPW.
Project waters ergs Ur ,cn c au ,tate boundaries. Explain:
' Identify flow route to TN%V: Tributary flows to Mill Creek, Mill Creek empties into Sturgeon Creek and Sturgeon Creek
IlmyS into the Brunswick River.
' ' Note that the Instructional (hadebuok contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
W'cst.
Flow route can he dc,rrihed h? idcntil'yin}i, c t, . hihulary a. \khich flow, throut,h the re\ icw area. to flow into trihuuarp b, which Ihen tloa, info TN11'.

' I rlbinar}, sn-ram (,rder, if known: I st-
(h) General Tributary Characteristics (check all that apply):
f rihutary is: ? ;Natural
? Artificial loran-made). Explain:
® Manipulated (man-altered). Explain: Ditched, straightened.
Tributary properties with respect to top of bank (estimate):
\verage width: -t feet
lverage depth: 5 feet
average side slopes: 2:1.
Primary tributary substrate composition (check all that apply):
' ® Silts ® Sands ? Concrete
? Cobbles ? Gravel ® Muck
? Bedrock ? Vegetation. Typc! i1 cover:
' ? Other. Explain:
I nhutury condition;stahilily [e.g.. highly eroding, sloughing banks. Fxplain:
Presence of runiriftlapool complexes. Explain: slow moving, swamp waters.
Crihurtry geometry: Relatively straight
' I ributary gradient (approxunate a%crage slope): I "4.
c) Flow:
Tributary provides fi,r: Intermittent but not seasonal now
f stimate average member of f im c%ents in rc%icw. arc;t year: Pick List
Describe flow rcuinte:
Other information on duration and volume:
Surface now is: Discrete and confined. Characteristics:
Subsurface Clow: Unknown. Explain findings:
' ? Dye (or other) test performed:
I rlbutarv has (check all that apply):
® Bed and banks
® Ol I1VM" (check all indicators that apply):
® clear, natural line impressed on the hank ? the presence of litter and debris
? changes in the character of soil ? destruction of terrestrial vegetation
® shelving ? the presence of wrack line
® vegetation matted down. bent, or absent ? sediment sorting
' ? leaf litter disturbed or washed away ? Seoul'
? sediment deposition ? nurltiple observed or predicted flow events
? water staining ® abrupt change in plant community
? other (list):
? Discontinuous OIIWM.' Explain:
If factors other than the OHR-M were used to determine lateral extent of (AVA jurisdiction (check all that apply):
' ? High Tide Line indicated by: ? Mean High Water Mark indicated by:
? oil or scum line along shore objects ? survey to available dattun:
? fine shell or debris deposits (foreshore) ? physical tarkings:
? physical markings, characteristic, ? vegetation lines, changes in vegetation types.
' ? tidal gauges
? other (list):
(iii) Chemical Characteristics:
Characterize tributary (c.g., water color is clear. discolored, oily film, water quality; general watershed characteristics, etc.).
Explain: nutckv, swamp water.
Identify specific p( llutant., if known:
1 natural or man-made discontinuity in the ( MWM does not necessarily severjurisdiction (c g., where the stream Iempor nIN flows underground, or where
the OHW N4 has been removed t)y development or agricultural practices). Where there is a break in the OH WM That is unrelated to the w•aterbody's flow
rcgnnc (c.g., flow over a rock outcrop or through a culvert), the agencies will look for utducalors of flow above and helow the break.
Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
® Riparian corridor. Characteristics (type, average width): 25 feet, pocosin forest.
? Wetland fringe. Characteristics:
? Habitat fir:
? Federally Listed species. Explain findings:
? Fish.spawn areas. Explain findings:
? ()thcr environmentall}-sensitive species. Explain findings:
® Aquatic wildlife diversity. Explain findings: abundance of amphibians, some fish.
2. Characteristics of wetlands adjacent to non-TNN that flow directl or indirectly into TN AV
(i) Ph%sical Characteristics:
(a) General Wetland Characteristics:
' Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
' Pro cct wetlands cross or serve as state boundaries. Explain:
h) ( irneral Flmw Relationship with Non-TNW:
' Fltny is: Pick List. Explain:
Surface flow is: Pick List
( haractenstics:
' Suhsm face flow: Pick List. Explain findings:
? Dye (or other) test performed:
ici NN ctland Adiacency Determination with Non-TNW:
' ? Directly abutting
? Not directly abutting
? Discrete wetland hydrologic connection. Explain:
? Ecological connection. Explain:
' ? Separated by benn,'barrier. Explain:

(d) Proximity (Relationship ) to TNNV
project wetlands arc 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 tloodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear
characteristics etc.). Explain:
Identify specific pollutants, if known:
brown, oil film on surface: water quality; general watershed
(iii) Biological Characteristics. NVetland supports (check all that apply):
? Riparian buffer. Characteristics (type, a?,crage width):
? Vegetation type percent cover. Explain:
? Ilabiru tor:
? Federally Listed species. Explain findings:
? Fishlspawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic, wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if anv)
All wetland(s) being considered in the cunutlativc analysts: Pick List
Approximately ( ) acres in total are being considered in the cumulative analysis.

1

For each wetland, spccit}, the following:
Directly abuts'? (Y.N) Size (in acres) Directly abuts? (Y,N) Size (in acres)
Summarize overall hiological, chemical and physical functions being performed:
C. NEXT S DETERN11N V11 ION
A significant nexus analysis will assess the flow characteristics and functions of (he tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they signiticanth affect the chemical, physical, and biological integrity
01'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 TNNN.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the now
of wafer in the tributary and its proximity to a TNT, 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 anv), have the capacity to carry pollutants or flood waters to
TNWs. or to reduce the amount Ofp0llulants or flood waters reaching a TNW:'
• Does the tributary, in combination with its adjacent wetlands (if any). provide habitat and lif'ecvcle 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 anv), 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 hclLm, based on the tributary itself, then go to Section IIi.D.Flows into an
RPW that flows indirectly into the TNNN'.
2. Significant nexus findings for non-RPW' and its adjacent wetlands, where the non-11111W flows directly or indirectly into
"I'NNN's. 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 1If.D:
3. Significant nexus findings for wetlands adjacent to an RPNV but that do not directh abut the RPW. Explain findings of
presence or absence of'significani nexus hchow. based on the tributarv in combination with all of its adjacent wetlands, then go to
Section iII.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/NN'ETLANDS ARE (CHECK ALL
TII:1'I'
1. TNNN's and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
? TNWs: linear feet width (fl), Or, acres.
? NN'ctlands adjacent to TNW's: acres.
2. RPNN's that flow directly or indirectly into TNWs.
? Tributaries ofTNWs where tributaries typically flow year-round arejurisdictional. Provide data and rationale indicating that
tributary is perennial:
® "1'rihutaries 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 111.13. Provide rationale indicating that tributarv _ flows
seasonally: See NC'DNNYQ Stream Indentification Form Score, 22.

t
I
Provide estimates fur jurisdictional waters in the review area (check all that apply):
® Tributary waters: 233 linear feet 3 width (fi).
? Oilier non-wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWs" that flow directly or indirecth into TNWs.
? Waterbody that is not ;r I'N'\\' or an RP\V, but flows dircclIv or indirectly into a TN"L'i', and it has a significant nexus with a
TN%V is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates fie jurisdictional waters within the review area (check all that apply):
? Tributary waters: linear feet width (11).
? ( )iher non-wetland waters: acres.
Identity type(s) of waters:
4. W'etlandsdirect)y abutting an RI'W` that flow directly or indirecth into TNW's.
? Wetlands directly abut RP\\' and thus arc jurisdictional as adjacent wetlands.
? Wetlands directly ahiming an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section II1.D?. above. Pro ide 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 111.6.2, above. Provide rationale indicating that wetland is directly
abutting all [MV:
Provide acreage estimates fir jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not direcd% abutting an RPW' that flow directly or indirectly into TNW's.
? Wetlands that do not directly abut an RMV, 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.
Providc acreage estimates forjurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to nun-RI'W's (hat 11m directly or indirectly into TNWs.
? Wetlands adjaccnt to such .valcrs, 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.('.
Providc estimates Ibr.lt11-tsdictional wetlands in the review area: acres.
7, Impoundments of jurisdictional waters.'
As a general rule, the impoundment of a jurisdictional tributary
renwins.jurisdictinn:rl.
? 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).
' F. ISOLATED IINTERsTATE: OR INTRA-STATE1 W.ATE:RS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANN
SUCH WATERS (CHECK ALL THAT APPLY):10
? which are or could he used by interstate or foreign tr'aveler's for recreational or other purposes.
' ? from which fish or shellfish are or could be taken and sold in interstate or foreign cormncrce.
? which are or could he used tie industrial purposes by industries in interstate conuncrce.
? Interstate isolated waters. Explain:
? Other faclors. E\plairv
•jrr Puutnoic
To complefc the anal.v,r, rctcr to file kc% m S,?ctlon III.D.h of fhc In,micuonal Gwdchnok.
Prior to asserting or declining CNVA jurisdiction based solel.N on this category, Corps Districts sill elevate the action to Corps and EPA HQ for
n-siess consistent sith the process described in the Corps+1' 1 Memorandum Regarding CH"A Ac•!.lnrisdicrion Follmvii{ Rapann.s.

' Identify eater bode and surnmarizu rationale supportink determination:
I'royule esnnratcs lorjurisdictional waters in the rc%icw area (check all that apply):
? Tributary waters: linear feet width (ft).
? Other non-wetland waters: acres.
Identify Iype(s) of waters:
F. NON-JURISDICTIONAL WATERS, INCLUDING NFET LANDS (CIIF.CK ALL THAT APPI.I
? if potential wetlands were assessed within the review area, these areas did not meet the criteria in the 197,7 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 "Sfl'.-lNC•C." 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 forjurisdiction. hxplain:
® Other: (explain. if not covered above): stormwater pond, 0.26 acres.
' Provide acreage estimates for non-jurisdictional waters in the review area. where the sole potential basis of• junsdiction is the MBR
factors (i.c., presence of migratory birds, presence of endangered species, use of water fir irrigated agriculture), using best professional
Judgntcnt (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.
Procidc acreage estimates for non-jurisdictional waters in the review area that do not meet the "Significant Nexus' standard, where such
a finding, is required forjurisdiction (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear 1ect, width (ft).
? Lakes/ponds: acres.
' ? Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
SF(°II() N IV: DATA tiOI. RCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apph - checked items shall be included in case file and, where checked
and re(ItreStCdl, appropriately reference sources below):
® Maps, plans. plots or plat submitted by or on behalf of tile applicanuconsultant:
® Data sheets prepared SLIbmitted by or on behalf of the applicant'consultant.
? Office concurs with data sheetsidelineation report.
? Ofticc does not concur with data sheets, dclineauon report.
? Data sheets prepared by the Corps:
? Corps navigable waters study:
? l I.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
? US(iS h and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad namc:Lcland and Winnabow 24K.
® USDA Natural Resources Conservation Service Soil Survey. Citation:Brunswick County, 1986.
® National wetlands inventory map(s). Cite name:Leland and Winnabmv.
® State/Local wetland inventory map(s):DCM for Brunswick County.
? FLMATIRM maps:
? 1(10-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
? Photographs: ? Aerial (Name & Date):
or ? Other (Name & Date):
? Prcyious determination(s). File no. and date of response letter:
? Applicable supporting case lacy:
? Applicable supporting scientific literature:
? Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT ND:
North Carolina Division of Water Quality - Stream Identification Form; Version 3.1
Date: `D 12to 10p, Project: n _ qD Latitude:
M• ?v3 34.2553
Evaluator: Site: Longitude:
S?f' N(-1osy-l RMn? 01 1 VIW U89 S$ -15, 04?4ill
Total Points: County: Other
Slreanl i( is /punt lernirll beg N51N 1 C'l'- e.g. Quad Nonie: W AK)
> 19 or perennial of > j0 0

A. Geomorphology (Subtotal=
Absent
Weak
Muderate
Str n
I'. Continuous bed and bank 0 1 2 3
2. Sinuosity 0 2 3
3. In-channel structure; riffle-pool sequence 0 1 3
4. Soil texture or stream substrate sortie 0 1 2 3
5. Active/relic flood lain 0 1 2 3
6. Depositional bars or benches 0 1 2 3
7. Braided channel C-b 1 2 3
8. Recent alluvial d sits 1 2 3
9'. Natural levees 1 2 3
10. Headcuts p 1 2 3
11. Grade controls 0 1.5
12. Natural valley or draina ewa 0 0.5 1 1.5
13. Second or greater order channel on existing USGS or
NRCS ma or other documented evidence. No Yes = 3
man-maoe o1tCnC5 are not rateo; see otscusslons in manual R. Hvdrnlncv IRnhtntA = 4,c:; 1
14. Groundwater flow/discharge 0 2 3
15. Water in channel and > 48 hrs since rains, or Water in
channel - dry or growing season 0 1 2 3
16. Leaflitter 1.5 1 0.5 0
17. Sediment on plants or debris 0.5 1 1.5
18. Organic debris lines or piles wrack lines 0.5 1 1.5
19. H dric soils redoximo hic features) resent? No = 0 Yes .5
C. Biology (Subtotal = 1-_ )
20°. Fibrous roots in channel 2 1 0
21 . Rooted plants in channel 2 1 0
22. Crayfish 0 0.5 1 1.5
23. Bivalves 1 2 3
24. Fish 0.5 1 1
25. Amphibians 0 0.5 1
26. Macrobenthos note diversity and abundance) 0.5 l 1.5
27. Filamentous algae; rih on 1 2
28. Iron oxidizing bacteria/fun s 0 03 1 .5
29 . Wetland plants in streambed FAC = 0.5; FACW = 0.75; OBL = 1.5; SAV = 2.0; Other = 0
- items «ano zi Locus 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:
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0
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
i
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:
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Intermittent stream and associated floodplain wetland along
Village Road in Leland, NC. Stream 9 (S9) and Wetland 10 (W 10).
Statc:NC County/parish/borough: Brunswick City: Leland
Center coordinates of site (lat/long in degree decimal format): Lat. 34.250436° N, Long. -78.0348980 E.
Universal Transverse Mercator:
Name of nearest waterbody: Mill Creek
Name of nearest Traditional Navigable Water (TN W) into which the aquatic resource flows: Brunswick River
Name of watershed or Hydrologic Unit Code (HUC): Cape Fear 03030005
® 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 fore.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
? Office (Desk) Determination. Date:
? Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. BHA SECTION 10 DETERMINATION OF JURISDICTION.
There rr no "navigable waters of the US." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required)
? Waters subject to the ebb and flow of the tide.
? Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
p/ 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
n ? Wetlands adjacent to TNWs
U ® Relatively pennanent waters' (RPWs) that flow directly or indirectly into TNWs
? Non-RPWs that flow directly or indirectly into TNWs
I ® 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: 536 linear feet: 5 width (ft) and/or acres.
Wetlands: 1.02 acres.
c. Limits (boundaries) of jurisdiction based on: ,7987 Delineation Manual
??411 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 (his forth, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at Ieast "seasonally"
(e.g., typically3 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.I and Section III.D.I. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.I and 2
and Section III.D.I.; otherwise, see Section IILB below.
I? 1. TNW
Identify TNW:
Summarize rationale supporting determination:
a 2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
?i B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanoshave been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) Bow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section IILC below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
D Watershed size: 5(squa?miles
Drainage area: 5 Ls4uare miles
Average annual rainfall: 57 inches
Average annual snowfall: inches
?V (ii) Physical Characteristics:
(a) Relationship with TNW:
i ? Tributary flows directly into TNW.
? Tributary flows through 2 tributaries before entering TNW.
Project waters are 2-5 river miles from TNW.
Project waters are I (or less river miles from RPW.
Project waters arc 2-5 aerial (straight) miles from TNW.
Project waters are 'I or" less aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW': Tributary flows to Mill Creek, Mill Creek empties into Sturgeon Creek and Sturgeon Creek
flows into the Brunswick River.
' Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
R 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.
Y
Tributary stream order, if known: Ist.
(b) General Tributary Characteristics (check all that apply];
Tributary is: ? Natural
? Artificial (man-made). Explain:
® Manipulated (man-altered). Explain: Ditched, straightened.
Tributary properties with respect to top of bank (estimate):
Average width: 4 feet
Average depth: 5 feet
Average side slopes: T1.
lu

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: slow moving, swamp waters.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): I %
(c) Flow:
Tributary provides for: Intermittent but not seasonal Flow
Estimate average number of flow events in review area/year. Pick List
Describe flow regime:
Other information on duration and volume:
Surface flow is:
Characteristics:
Subsurface flow: Unknown. Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
® OHWMs (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:
If factors other than the OHWM were used to determ
? High Tide Line indicated by: ?
? oil or scum line along shore objects
? fine shell or debris deposits (foreshore)
? physical markings/characteristics
? tidal gauges
? other (list):
? the presence of litter and debris
? destruction of terrestrial vegetation
? the presence of wrack line
? sediment sorting
? scour
? multiple observed or predicted flow events
® abrupt change in plant community
ire 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: mucky, swamp water.
Identify specific pollutants, if known:

'A natural or man-made discontinuity in the OH WM does not necessarily sever jurisdiction (e.g., where the stream temporarily [lows underground, or where
the OH WM has been removed by development or agricultural practices). Where there is a break in the OH WM 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.
U
0 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:
q. ? Wetlands: acres.
U F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
o ? 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.
a ? Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
Pro vide acreage estimates for non-jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a fi nding 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. SUP PORTING DATA. Data reviewed for JD (check all that apply -checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
? Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.
Data sheets prepared by the Corps:
? Corps navigable waters' study:
? U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
Q ? USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name:Leland and Winnabow 24K.
q ® USDA Natural Resources Conservation Service Soil Survey. Citation:Brunswick County, 1986.
® National wetlands inventory map(s). Cite name:Leland and Winnabow.
® Statell-ocal wetland inventory map(s):DCM for Brunswick County.
? FEMA/FIRM maps:
? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
w ? Photographs: ? Aerial (Name & Date):
U or ? Other (Name & Date):
Previous determination(s). File no. and date of response letter:
? Applicable/supporting case law:
i ? Applicable/supporting scientific literature:
Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:
I
Mfg
io

North Carolina Divistoit-Of Water Q"ahh+- Stream Identification F
m
Ve
or
,
Date
1 Projects Latitude:
1
210,
Eva?l+?u?ator:
?rtq,INb; AIM( Site:
VIQA G 20Ap S Longitude:

Total,Points-, County': Other:
Sireoinis at least haermrtteni
" ? e.g. Quad Name
J>. l9 or erennial oI> 30
?", 5 . Q1)?St Jt(
.'
A
Geomo holo Subtotal- Absent Weak Md
l'.: Continuous bed and bank
2. Sinuosi p 1
3. In=channel structure; riffle- ool se uence 1
4. Soil texture or stream substrate sorting 0
5. Active/relic flood lain 0 1.
6. Depositional bars or benches 0 1
7. ;Braided channel p, 1
8. Recent alluvial deposits
9'. Natural levees 1
10. Headcutis 0 1
11. (Grade controls 0 0.5
12.. Natural vall' :ordrain i ewa 0 0.5
13. Second or greater order channel on existine USGS or
NRCS:ma or other documented evidence. No TD
'Man-made ditches are. not rated; see discussions in manual
B. rHVdmlow (k,,htntal =` r 1
aerate Str'n
2; 777T777
2 .`3
7.. 3
3
L 3'
2'. .3 "
2. 3 .
2 3
2 3

Yes = 3
14:'
Groundwater flow/discharge
0
1
2
W
15. ater in channel and > 48 hrs since rains, or Water in
p
1
2 3

channel - dry or `growing season 3
16. Leaflitter. 1 1.5 1 0 0
17. Sediment on plants or debris 0.5 1 1
5
18. Organic debris lines or ilea wrack lines 0 0.5 .
1 1
5
19. H dric soils redoximo hic features resent? No = 0 .
Ye = 1.5
C. Biology (Subtotal= 115 )
20'. Fibrous roots in channel 2 1

21'. Rooted lants in channel
2 0
I 0
22. Cra fish 0.5 1 1.5
23. Bivalves 1 3
24. Fish 0.5 1,5
25. A hibians
M
A 0.5 1 1.5.
26. Macrobenthos note diversi 0.5 I 1 5
27. Filamentous al ae; err h 2 3
28. Iron oxidizin bacteria/fun
0.5
] 5

29 . Wetland lants in streambe =05JAC
W = 0.75; OBL = 1.5; SA V = 2.0; Other _0

?._..._,.._... -..,......-,n...--v. o4,.m,1 v, -cumin Prams
Notes: (use back side of this form for additional notes) Sketch:
(
SOIL
samparp Point: W d 10
Proms OeecrtPuw. (Oescrlbe to the depth nseMd to document the Ind' ator "C011111111 the absence of Indicators.)
Depth Matrix
ancimi color fmoisp Red" FeahM
Cola (mated Teom Remarks
0-a toy? 2
,1Z ono
MOUt I am
164 OY IDY?tgf2 ZLr M a .A. _loaw

'T RWReduced Math CS-COered or Coated Sand Grains. 'I.ocatim: PL=Pore Lining, M•Matrh.
Hydrlc Sop Indicators: Indtcaten for ProO>sms . Hydrle Sops :
_ Histiod (At) _ PoWsAA Below Surface (SS) (LRR S, T. III _ 1 crn Muck (A9) (LRR O)
_ HhtlC Epipsdon (A2) _ Thin Oalk S Wfm (Sg) (LRR S. T. U) _ 2 cm Mlat NI (I) (LRR S)
_ Black Hx9c: (A]) _ Loamy Mucky Mineral (Fl) (LRR O) _ Reduced Vatlc (Fla) (oublde adRA 180A8)
_ Hydropm Wilds (Aar) Cloyed Matrtr (F2) _ PW& mrd Floodplain Saar IF 19) (LRR P. 9, T)
_ Spouted Layers (AR) Depleted Mtaph lF3) _ Aromekus Bright Loamy Solt (F20
Orymdc BouBaa (AM (LRR P. T. U)
S on Mucky Min" CA7) (LRR P. T. U) - Redoc Dark Surface (FS) (- FLA ISM
. Depleted Dart Surface (F7) _ Red Potent Material (TF2)
Mud Presence (A8) (LRR Lq Ruda: Depassbro (Fit) _ Vary Shallow Dark Surface (TF 12) (LRR T. U)
1 cm Mad (A9) (LRR P. T) Mart (Flln (LRR UI _ 00mr (Explain in Remarks)
_ Depleted Below Dark Surface (AI I) _ Depleted Odak (F11) (MLRA 181)
_ Tick Dark Surface (A12) _ tron•Abnpanase Masses (F12) (LRR 0. P. T) 'Indfarors of Mdropimyce vopCaum and
_ Coast Prabis RWOC (418) (pRRA 1 SW _ (Anne Surtece (FI J) (LRR P, T. U) wetland hydrology must be press m.
_ Sandy Mucky Mlrmel (St) (LRR 0. S) Delta OCoic (1717) (MLRA 181) unless dtbcbed m problems&-
_ Sandy Gleyad Mash (Se) _ Rack Vaac (FIB) (MLRA t6OA 1508)
_ Sandy Rados (SS) _ Pladna Floodplakr Sops (Fig) (MLRA /asA)
SMppad Matrix ISM - Aromafms Bright Loamy Sofa (F20) (M§tA 149A Iat at, IUM
_ Dark Sudsce (S7) (LRR P. S. T. U)
RastrlctM Layer (d ob ~):
Type; NON,L
Depth Oldies)
Hydrk Sap present? yea V NC,_
Remarks:
US Army Carps of ErVOn Atlantic and Gulf Coastal Plain Region - Wa(m Version
iU
i

I
0
?J
Q
l?J
I
0
0
I
u
SOIL
sampa ig Potru u\ U to
Profile Description: (Describe to tip O@pVi needed to docummt the indicator or confirm the absence of indicators.)
Depth Mork
(ndxal cow (moiall Radox F
Color frpowl
%
Type' Loe TnAuro RemMkf
la 10YR3t1 ADO _
_ ,
V-IZ mjz 613 Loa S
---
l2-lax 1OY9-S44 IOD ??

'Type.- Cxanrentrntlm. D= M bw. RAORaduced Malsix, CS-Covered or Coated Send Grains. 'Location: PL-Pore Unln . M=AaMr.
Nydrte Soil indicators: Indicators for ProbbemaDC Fyddc Solt :
_ Nilotic! LAI) _ Potyvnkm Below Surface (SB) (LRR S, T. U) _ 1 sn Muck N9) (ERIC O)
_ Ia k Eptpedon (A2) _ Thin Darn Surface (Sll) (LRR S, T. U) _ 2 an Muck (A10j ILRR S)
_ 14A Nbde (A3) _ Loamy Mucky Mtetlm (Ff) (LRR O) _ Reduced Vertlc (FIB) (outside MLRA I50AB)
_ hydrogen SuNde (M) _ loamy Garret! Mabb (F2) _ Pke n ord Floodplain Sobs (1719) (LRR P. S. TO
_ Stradned Layers (AS) _ Decided Mach (F3) _ Arnim kxn Brgld Loamy Sib (F20)
_ Organic Bodies (All) (LRR P. T. U) _ Redau Oark Surface (F6) (MLRA 163
_ 5 an Mucky Mimand W) (LRR P. T. U) _ DeWated Dark Surface (FT) _ Red Parent Material (TF2)
_ Muck Presence (Ale) (LRR III _ Redmr Depressions ff8 _ Very Shallow Dark SaMOe (TFi2) (tRR T. U)
_ 1 On Muck (Alt) (.RR P. T) - Mad (FfO) (ERR U) _ COW (Explain In Remmarks)
_ Da~ Below Dars Surface (At 1) _ Depieted OWlc(Fit)(MLRA 151)
_ Ttdck Dart Surface (A12) _ "n-Margarsme masses (F12) (LRR 0. P. T) iMdotara of Iryckopnytk: vegmatim and
_ Comm Panne Rados (Ate) (MLRA 160A) _ Umbdc Surface IF 13) (LRR P, T. U) wavard hydrology must be present.
_ Sandy Mucky Mineral (S1) (LRR O. SI _ Delta OCUIC (FIT) (MLRA 161) Unless dish or problematic.
Sandy G'layed Mash (S4) _ Reduced Verl(t (F1 e) (110 RA I WA. ISM ,
_ Sandy Rados (SS) _ P410n DM Floodpbtr Soar (Fig) (MLRA 149M
_ Stripped Mash (Se) _ Ansnalsrs Brlgfo Loamy Sorb (F20) (MLRA 1491.16X, ISM
_ Dark Surface (S7) D.RR P. S. T. U)
watnctM Layer (ti o0servedR
Type: N0Vlz
outs (hMUes): ?/'
do Soo Prs,.ft? Yes _ No- -
Remarks:
US Amy Corps at Engineers
Attangt and Gulf Coastal Plain Region . Interim Version
I
I
a 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:
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Along Village Road in Leland, NC. Large swamp system
associated with Sturgeon Creek (Wetland WS) and Sturgeon Creek (S14).
State:NC County/parish/borough: Brunswick City: Leland
Center coordinates of site (hut/long in degree decimal format): Lat. 34.243346° N, Long. -78.01483° E.
Universal Transverse Mercator:
Name of nearest waterbody: Sturgeon Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Brunswick River
Name of watershed or Hydrologic Unit Code (HUC): Cape Fear 03030005
® 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 1D form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
? Office (Desk) Determination. Date:
? Field Determination. Date(s):
SECTION 11: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Apper to be "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 e "waters ofihe 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): r
® TNWs, including territorial seas
® Wetlands adjacent to TNWs
? Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs
? Non-RPWs that flow directly or indirectly into TNWs
? Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
? Impoundments of jurisdictional waters
? Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: 635 linear feet: 50 width (ft) and/or acres.
Wetlands: 8.44 acres.
c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if known):
2. Non-regulated watershvetlands (check if applicable):
? Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
an, Explain:
9
Boxes checked below shall be supported by completing the appropriate sections in Section 111 below.
D ' 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 IIIF.
a SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
Q The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.I 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 IILB below.
1. TNW
a Identify TNW: Sturgeon Creek, freshwater tidal swamp.
Summarize rationale supporting determination: Freshwater tidal, subjext to ebb and flow of tide. Flows directly into the Brunswick
River.
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent": Swamp Forest associated with Surgeon Creek.
a 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,
t¦?, skip to Section III.D.4.
U 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
n 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 J M, covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
Q (i) General Area Conditions:
Watershed size: Piek'List
Drainage area: Pick Lisi
p Average annual rainfall: inches
I ¦? 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 iList 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 TNW': T.
¦¦ ' Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
NNN West.
' 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:
(b) General Tributary Characteristics (check all that app y-
Tributary is: ? Natural
? Artificial (man-made). Explain:
? Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
D Average width: feet
Average depth: feet
Average side slopes: Pick List.
D Primary tributary substrate composition (check all that apply):
? Silts ? Sands ? Concrete
? Cobbles ? Gravel ? Muck
? Bedrock ? Vegetation. Type/% cover:
? Other. Explain:
a Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of tun/riffle/pool complexes. Explain: slow moving, swamp waters.
Tributary geometry: Pick List
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: Pick List
Estimate average number of flow events to review area/year: Pick List
Describe flow regime:
Other information on duration and volume:
0 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
n ? OHWM6 (check all indicators that apply):
U ? clear, natural line impressed on the bank ? the presence of litter and debris
? changes in the character of soil ? destruction of terrestrial vegetation
? shelving ? the presence of wrack line
a ? vegetation matted down, bent, or absent ? sediment sorting
? leaf litter disturbed or washed away ? scour
? sediment deposition ? multiple observed or predicted flow events
? water staining ? abrupt change in plant community
? other (list):
? Discontinuous OHWM.' Explain:
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
? High Tide Line indicated by: ? Mean High Water Mark indicated by:
? oil or scum line along shore objects ? survey to available datum;
? fine shell or debris deposits (foreshore) ? physical markings;
D ? physical markings/characteristics ? vegetation lines/changes in vegetation types.
? tidal gauges
? other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
°A natural or man-made discontinuity in the OH WM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OH WM has been removed by development or agricultural practices). Where there is a break in the OH WM 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.
i (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 (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:
Q (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 Mk 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 fioodplain.

0
0
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear
characteristics; etc.). Explain:
Identify specific pollutants, if known:
brown, oil film on surface; water quality; general watershed
(iii) Biological Characteristics. Wetland supports (check all that apply):
? Riparian buffer. Characteristics (type, average width):
? Vegetation type/percent cover. Explain:
? Habitat for:
E] Federally Listed species. Explain findings:
E] Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
E] 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.
1p

For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (YIN) 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
0 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
TN Ws. 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 ULD:
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
a Section 111.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: 635 linear feet 50 width (ft), Or, acres.
® Wetlands adjacent to TNWs: 8.44 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
I? 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:
I
a 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:
? 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.
0 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 arc 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 ajurisdictional tributary remains jurisdictional.
? Demonstrate that impoundment was created from "waters of the U.S.," or
? Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
? Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE[ WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):"
? which are or could be used by interstate or foreign travelers for recreational or other purposes.
? from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
? which are or could be used for industrial purposes by industries in interstate commerce.
? Interstate isolated waters. Explain:
? Other factors. Explain:
Identify water body and summarize rationale supporting determination:
'See Footnote N 1
' 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.
J
I
0
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:pond, O.acres.
? 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 "SIJ'ANCC," 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 ofjurisdiction 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 forjurisdiction (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
? Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
? Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.
? Data sheets prepared by the Corps:
? Corps navigable waters' study:
? U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
? USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name:Leland and Winnabow 24K.
® USDA Natural Resources Conservation Service Soil Survey. Citation:Brunswick County, 1986.
® National wetlands inventory map(s). Cite name:Leland and Winnabow.
® State/Local wetland inventory map(s):DCM for Brunswick County.
a ? FEMA/FIRM maps:
? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
? Photographs: ? Aerial (Name & Date):
or ? Other (Name & Date):
? Previous determination(s). File no. and date of response letter:
? Applicable/supporting case law:
? Applicable/supporting scientific literature:
? Other information (please specify):
I
B. ADDITIONAL COMMENTS TO SUPPORT JD:
I
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0
0
0
I
0
0
0
0
0
0
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pp WETLAND DETERMIN(7ATIONt DATA FORM-Atlantic and Gulf Coastal Plain Region
Project/Site: h- AM13 V I k.I m e- Clad City/CoumyA A A IA n( / 1 rO MW tASampling Date:
ApplfcanVOwner N L DDT j State: I?J(" Sampling PoirC V\lt} U
Inv tlgator(s): SkG?I ?^ .,6L.IM-iIS91n Section, Township, Range:
Lardform (hillstope, terrace, etc.: ,l A LM 42 -/? f-A ?l nW- Local relief (concave, convex, none): rA Y1 (' /.JY'G Slope MY
Subregion(LRR or MLRA): Lat: U : 44-z4-314 Long: -713, 01434 Dalian: NAVE
Sod Map Unh Name: KV 6,111 Pf I zoyo NWI classification: X01 /;n 122Uf3ki
Are climatic / hydrologic cord tiors on the site typical for this time of year? Yes _ No _ (if no. explain in Remarks.) ?/
Are Vegetation-Sod- or Hydrology_ significantly disturbed? Are'Normal Cbaunstanrsa'present? Yes [S
,-_ No
Are Vegetation _ Sod _, a Hydrology _ nahaalh problematic? (It needed. explain any answers in Remarks.)
SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transacts, Important features, etc.
Hydmphytic Vegetation Present? Yes X No _ Is the Sampled Anna
Hydnc Soil Present? Yes No _ wIMIn a Wetland? Yss _ No
Welland Hydrology Present! Yes No
Remarks:
S?ru2jeov+ acr,?- ?sv+wa?.Y ?1da9 ??
HYDROLOGY
Wetland Hydrology Indicators: Secondary Indicators (minimum of two reouiredl
Primary (minimum required, of one 15 _ Surface Soil Cracks (86)
Surface Water (At)
er _ Water-Stained Leaves (89) p Sparsely Vegetated Concave Surface (BB)
High Water T
(AZ) _ Aquatic Fauna (B73) Drainage Patterns (870)
Saturation (A3) _ Mad Deposits (B15) (LRR U) - Moss Trim Linea (B16)
Water Marks SI) _ Hydrogen Sulfide Odor(Cl) _ Dq--q" on water Table (C2)
Sedimem Deposits (82) _ Oxidized RMzosphenn on Living Roots (0) _ Crayfish Burrows (CBI
Drift Deposits (B3) _ Presence of Reduced Imn (C1) Saturation Visible on Aerial Imagery (C9)
_
- Algal Mat a Crust (B4) _ Recent Iron Reduction In Teed Soda (CB) ? Geomorphic Position (D2)
Iron Deposits SS) _ Thin Muck Surface (C7) _ Shallow Aquhad (D3)
Inundation Vuuble on Aerial Imagery (87) _ Other (Explain in Remark) _ FAC-Neutral Test (D5)
Field Observations: X f

Surface Water Present? Yes L No_
-
Depth (inches): -
No
Water Table Present? Yes Depth (inches): f O'
v
=
Saturation Present? Yes 1 Na Depth (inches): 7 Wetland Hydrology present? Yee ?- No-
includescapillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections). if available:
Remarks:
US Army Corps of Engineers
Atlantic and Gulf Coastal Plain Region - Interim Version
0
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111
U
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is
VEGETATION - Use scientific names of plants.
Sampling Point: 'Jy1i-

Tree Stratum (Plot size: )
t. iijxndtUnn (?ClS Absolute Dominant Indicator
°o? goeT°esp Stall
10
7 Dominance Test worlreh"t
Number of Dominant Species
That Are OBL. FACW
or FAC: (A)
2. NJ SSU lot.. 0 T?il T
n,?
L O + DEL ,

3. Total Number of Dominant
Spades Across Ali Strata: (B)
4.

5. Percent of Dominant Species n s
That Are OBL
FACW
r FAC
' Q Q
A
B

B. ,
, o
:
(
/
)
7.
Providence Index worksheatr
20 --Total % Cover of Multiply by.,
Sapling Stratum (Plot sae:
,. = Total Cover
) OBL species x t -
FACW species x2=
2. FAC species x3-
3. FACU species x4-
4- UPL species x5-
5. Column Totale: (A) (B)
8.
7 Prevalence Index • BA
/? n
Shrub Stratum (Plot sae: 44 CLr- )
,. C f?A n 1 n l/t'?U.L c ?C11 [.I = Total Cover

A't'7f tits +5 ?_ t? roPhylic Vegetation Indicators:
Dominance Test is -50%
_ Prevalence Index is 53.0'
Probbmatic Hydrophydc Vegetation' (Explain)
3.
4. 'Indicators of hydric sod and wetland hydrology must

5. be present unless disturbed or problematic.
-

6. Definiffons of Vegetation Strata:
7.
-i-
Hart) &tiithm (Plot sae: r2) ,,44 04- ) Total Cover

OBL
,.
vv.uwtdn ffn?liS 2© Tres - Woody plants, excluding woody vines,
approximately 20 It (6 m) or more in height and 3 in.
(7.6 cm) or larger in diameter at breast height (DSH).
(?
2. .C.tQ AL?"ATIa ,. U ?tA
j K
Y Sapling- Woody plants, excluding woody vines.
approximately 20 it IS m) or more in height and less
3. 3 man 3 N. ( l
DBH.
4. wbodwa-,''d t lti GtesPnla 20 X P?
Sh
b
W

5. DVwWVAA rr N V` MO -Q
?-
? _? - +
ru
-
oody y glands. excluding woody vines.
p
lants.
approximately 3 to 20 It (1 to 6 m) m height
6.

7, Herb -All herbaceous (non-woody) plants, IrWudtrg
herbaceous vines, regardless of sae. includes woody
B plants, except woody vines, less than approximately

9. 3 it (, m) in height
10. Woody vine -All woody vines. regardless of height
, t.
12.

Woody Vine Stratu m (Plot sae: _L = Total Cover
)
t.
2.
3.
4.

5. Hydrophytk;

tlon
Ve
etation
= Total Cover g
Present? Yes, No _
Remarks: (If observed. list morphological adaptations below).
US Amy Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version
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SOIL
Sampling Point:
Profile Description: (Describe to the depth needed to document the Indicator or confirm the absence of indicators)
Depth Matrix
(inches) Color lmoisl) • Redox Features
Color(neist) ° Tvoet Loe T
exture Remarks
()-(a 10IR312 IQ
Lk? Io"it
InvQ412
'P) 6 A7 ID 1oVR?a12IDV G ?Yl? \y)^
1

i

'Type: C--Concentration. D-De tetion, RM=Reduced Matrix, CS=Covered or Coated Sand Grains. "Location: PL=Pore Linur , M= blx.
Hydrlc Soil Indicators: Indicators for Problematlo Hydro its
_ Histosol (At) _ Poryvaoe Below Surface (S8) (LRR S, T, U) _ 1 an Muck (A9) (LRR O)
- Histic Epipedon (A2) _ Thin Dark Surface (S9) (LRR S. T. U) _ 2 an Mud (At 0) (LRR S)
_ Black Hafic (A3) _ Loamy Mucky Mineral (F7) (LRR O) _ Reduced Vertic (F18) (outside MLRA 160AB)
_ Hydrogen Sulfide (A4) Loamy Glared Matrix (F2) _ Pledmom Ftoodplain Soils (F 19) (LRR P, S. T)
_ Soothed Layers (A5) Depleted Matrix (F3) _ Anomalous Bright Loamy Soils (F20)
Organic Bodies (A8) (LRR P, T. U) _ Redox Dark Surface (FB) (MLRA 1538)
5 cm Mucky Mineral (A7) (LRR P, T, U) _ Depleted Dark Surface (F7) _ Red Parent Material (TF2)
_ Mud Presence (AS) (LRR U) _ Redox Depressions (F8) _ Very Shallow Dark Surface (TF12) (LRR T. U)
_ 1 an Mud (A9) ( RR P. T) _ Mad (F10) (LRR U) _ Other (Explain in Remarks)
Depleted Below Dark Surface (At 1) _ Depleted Orrin (F11) (kILRA 151)
_ Thick Dark Surface (A12) _ Iron-Marganese Masses (F12) (LRR O, P, T) 'Indicatorss of hydrophytic vegetation and
_ Coast Prairie Redox (A78) (MLRA 160A) _ Umoric Surface (F13) (LRR P. T. U) wetland hydrology must be present,
_ Sandy Mucky Mineral (S1) (LRR O, S) _ Delta OWk (F17) (MLRA 161) unfess disturbed or problematic
_ Sandy Gleyed Matrix (S4) _ Reduced Vertk (F18) (MLRA IW& 1608)
_ Sandy Redox (SS) _ Pledmorn Floodpleln Soils (F19) (MLRA 149A)
_ Stripped Matrix (S6) _ Anomalous ftht Loamy Soft (F20) (MLRA 149A 153C, 163D)
_ Dark Surface (S7) (LRR P, S. T. U)
Restrictive Layer (H observed):
Type: )JOYLiz-
Depth (indrea): Hyddc Soil Prosent7 Yes No_
Remarks:
Sock Oj M.Dr5th Of bWWq, 1310.e1 YAV('Y-•`W,y1"" kN.
US Army Corps of Engineers
Adamk and Gulf Coastal Plain Region - Interim Version
0
0
0
0
0
w
. a"Avcut tams use -
(witfim %: mile upstream, upslope, or radius)
forested/natural vegetation Zo "/u
agriculture, urban/suburban (yp.%
_ impervious surface ED %a
a Soil series:
predominantly organic - humus, muck, or
peat
predominantly mineral - non-sandy
_ predominantly sandy
0
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on pond; or lake
X on perennial stream
-on intermittent stream
within interstream divide
other:
Hydraulic factors
steep topography
ditched or channelized
total wetland width >_ 100 feet
Wetland type (select one)
_ Bottomland hardwood forest
Headwater forest
Swamp forest
_ Wet flat
_ Pocosin
_ Bog forest
The rating system cannot be applied to salt or brackish marshes or stream channels

A Water storage
B
k/Sh
li
bi rj x 4.00 =
Wetland
an
ore
ne sta
lization . x 4.00 = ®

p
T
1
Pollutant removal
Wildlife habitat
5
S
x 5.00 =
?
- rating
"
x2.00= 1
0
N Aquatic life value 5 x 4.00 =
G Recreation/Education 5 x 1.00 =
Add 1 point if in sensitive watershed and >10% nonpo int source disturbance within %: mile upstream, upslope, or radius
0
Flooding and wetness
semipermanently to permanently flooded or
inundated
_ seasonally flooded or inundated
_ intermittently flooded or temporary surface water
_ no evidence of flooding or surface water
Pine savanna
_ Freshwater marsh
_ Bog/fen
- Ephemeral wetland
_ Carolina bay
Other:
M
0
31823751
March 3, 2010
Mr. Brad Shaver
Regulatory Specialist
US Army Corps of Engineers
69 Darlington Ave
Wilmington, NC 28403
RE: Update to Request for 404 Wetland Jurisdictional Concurrence
Village Road Widening (STIP R-4063)
Brunswick County, North Carolina
Dear Mr. Shaver:
Please find enclosed one copy of the mapping and forms for Stream 3 (S3) for the Village Road
Widening Project (STIP R-4063). This feature has not been modified since its original submission
in September, 2009 and therefore has not been included in the revised package (attached).
Please let me know if you have any questions or concerns regarding the enclosed information, or
would like any more modifications made. I can be contacted at 910-763-8097 or 919-741-0158 or
emailed at Susan [e-mail].
Sincerely,
URS Corporation - North Carolina
SAX/vi \Nke
Susan (Shelingoski) Westbe=, CPESC
Environmental Scientist
UPS Corporation - North Carolina
1600 Perimeter Park Drive, Suite 400
Morrisville, NC 27560
Tel: [phone]
Fax: [phone]

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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:
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Ephemeral Stream 3 (S3) that crosses Leland School Road in
Leland, NC. The ephemeral channel drains to Banton Branch, a large swamp system.
Statc:NC County/parish/borough: Brunswick City: Leland
Center coordinates of site (lar/long in degree decimal format): Lat. 34.258918° N, Long. -78.0446330
D.
Universal Transverse Mercator:
Name of nearest waterbody: Banton Branch
Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: Brunswick River
Name of watershed or Hydrologic Unit Code (HUC): Cape Fear 03030005
® 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 1D 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 Arf o "navigable waters of the U.S.° within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Reguiredj
? Waters subject to the ebb and flow of the tide.
? Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters of the US." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required)
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
It. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: 432 linear feet: 3 width (ft) and/or acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):
? Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
Boxes checked below shall be supported by completing the appropriate sections in Section III below.
For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
' Supporting documentation is presented in Section III.F.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.I and Section III.D.I. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.I and 2
and Section III.D.I.; otherwise, see Section IILB below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs inhere 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) Bow, skip to Section IILD.2. If the aquatic resource is a wetland directly abutting a tributary with perennial now,
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 wa(erbodya 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 IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section IILC below.
1. Characteristics of non-TNWs that now directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 50c s
Drainage area: 50 acres
Average annual rainfall: 57 inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Rclationshin with TNW:
? Tributary flows directly into TNW.
? Tributary flows through 9 tributaries before entering TNW.
Project waters are 22-5 river miles from TNW.
Project waters are I (or less river miles from RPW.
Project waters are 3-5 aerial (straight) miles from TNW.
Project waters are J arm less aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW': S3 flows to Banton Branch. Banton Branch flows to Mill Creek, Mill Creek empties into
Sturgeon Creek and Sturgeon Creek flows into the Brunswick River.
Note that the Instmctional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
' 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 st.
(b) General Tributary Characteristics (check all that apply):
Tributary is: ? Natural
? Artificial (man-made). Explain:
® Manipulated (man-altered). Explain: Ditched and straightened.
Tributary properties with respect to top of bank (estimate):
Average width: 3 feet
Average depth: I feet
Average side slopes: .
Primary tributary substrate composition (check all that apply):
® Silts ® Sands ? Concrete
? Cobbles ? Gravel ® Muck
? Bedrock ? Vegetation. Type/%cover:
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: stable.
Presence of run/riffle/pool complexes. Explain: slow moving, swamp waters.
Tributary geometry: Meandering
Tributary gradient (approximate average slope): I %
(c) Flow:
Tributary provides for: Ephemeral Ilo
Estimate average number of flow events in review area/year: Pick List
Describe flow regime:
Other information on duration and volume:
Surface flow is:
Characteristics:
Subsurface flow: Unknown. Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
® OHWM' (check all indicators that apply):
® clear, natural line impressed on the bank
? changes in the character of soil
? shelving
® vegetation matted down, bent, or absent
? leaf litter disturbed or washed away
? sediment deposition
? water staining
? other (list):
? Discontinuous OHWM.' Explain:
If factors other than the OHWM were used to determ
? High Tide Line indicated by: ?
? oil or scum line along shore objects
? fine shell or debris deposits (foreshore)
? physical markings/characteristics
? tidal gauges
? other (list):
? the presence of litter and debris
? destruction of terrestrial vegetation
? the presence of wrack line
? sediment sorting
? scour
? multiple observed or predicted flow events
? abrupt change in plant community
ire lateral extent of C WA 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: mucky, swamp water.
Identify specific pollutants, if known:
°A natural or man-made discontinuity in the OH WM does not necessarily severjurisdiction (e.g., where the stream temporarily flows underground, or where
the OH WM has been removed by development or agricultural practices). Where there is a break in the OH WM 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.
IN) Biological Characteristics. Channel supports (check all that apply):
® Riparian corridor. Characteristics (type, average width): 25 feet, pine forest.
? 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: abundance of amphibians.
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: Banton Branch and its associated riverine swamp forest.
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 Boodplajn.
(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 Boodplain 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:Flows into an
RPW that flows indirectly into the TNW.
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW Bows 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 (11), 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-RPWs 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 (cheek all that apply):
® Tributary waters: 432 linear feet3 width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
? Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
? Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
? Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
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.
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 ajurisdictional tributary remains jurisdictional.
? Demonstrate that impoundment was created from "waters of the U.S.," or
? Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
? Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):10
? which are or could be used by interstate or foreign travelers for recreational or other purposes.
? from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
? which are or could be used for industrial purposes by industries in interstate commerce.
? Interstate isolated waters. Explain:
? Other factors. Explain:
'See Footnote N 3.
To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
1° 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 Actfurisdiction Following Rapanos.
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
? Tributary waters: linear feet width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
Wetlands: acres.
NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
? Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
? Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
? Other: (explain, if not covered above):
Provide acreage estimates for non-jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
? Non-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 farjurisdiction (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
? Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply -checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
? Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.
? Data sheets prepared by the Corps:
? Corps navigable waters' study:
? U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
? USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name:Leland and Winnabow 24K.
® USDA Natural Resources Conservation Service Soil Survey. Citation:Brunswick County, 1986.
® National wetlands inventory map(s). Cite name:Leland and Winnabow.
® State/Local wetland inventory map(s):DCM for Brunswick County.
? FEMA/FIRM maps:
? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: ? Aerial (Name & Date):
or ? Other (Name & Date):
? Previous determination(s). File no. and date of response letter:
? Applicable/supporting case law:
Applicable/supporting scientific literature:
? Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:
A. Geomo holo Subtotal= Absent Weak Moderate: Stron
1'. 'Continuous bed and bank 0, 1
2. Sinuosity 0 1
3. In-channel structure; riffle-pool sequence 1
4. Soil texture or stream substrate sortin 0 . l
5. Active/relic flood lain 0 1
6. De ositional bars or, benches 1
7. Braided channel `. 1 N
8. Recent alluvial d osits 1
9'. Natural levees,

10. Headcuts
1 2 3
11. Grade controls . 0
12. Natural valle or'draina ewa 0 0.5
13. Second or greater order channel on existine USGS or
NRCS ma or other documented evidence. No 00 Yes = 3
Man-made ditches are not rated; see alscussions in manual B. Hvdrolotrv fSubtotal = .415 1
14. Groundwater flow/discharge 0 1 2 3
15: Water in channel and > 48 hrs since rains, or Water in
channel - dry or growing season 0 1 3
16. Leaflitter 1 1 .5 0
17. Sediment on plants or debris 0.5 1 1.5
18. Organic debris lines or piles wrack lines 0.5 1 1.5
19. H dric soils redoximo hic features resent? No 0 Yes= 1.5
C. Bioloev (Subtotal= 10.5 1
20 . Fibrous roots in channel 3 (1., .' 0
21 . Rooted lams in channel 3 2 1 0
22. Cra fish 0.5 1 1.5
23. Bivalves 1 2 3
24. Fish 0.5 1 .5
25. Am hibians 0 0.5 1 L
26. Macrobenthos (note diversity and abundance) 0.5 1 1.5
27. Filamentous algae; eri h on 1 2 3
28. Iron oxidizing bacteria/fungus 0.5 1 1.5
29 . Wetland lams in streambed FAC = 0.5; FACW = 0.75; OBL = 1.5; SAV = 2.0; Other = 0
hems cu ana Li Locus on me presence or upiana plants, Item [v focuses on Inc presence of aquatic or wetland plants
Notes: (use back side of this form for additional notes) Sketch: