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20201353 Ver 1_ePCN Application_20210106
DWR Division of Water Resources Pre -Construction Notification (PCN) Form October 26, 2020 Ver 3.3 Initial Review Has this project met the requirements for acceptance in to the review process?* 6 Yes r No Is this project a public transportation project?* C Yes 6 No Change only if needed. BIMS # Assigned 20201353 Is a payment required for this project?* r No payment required r Fee received 6 Fee needed - send electronic notification Reviewing Office * Wilmington Regional Office - (910) 796-7215 Information for Initial Review 1a. Name of project: Elijah's Landing Apartments 1a. Who is the Primary Contact?* Kim Williams - Land Management Group 1b. Primary Contact Email:* kWiliams@lmgroup.net Date Submitted 1/6/2021 Nearest Body of Water Calico Creek Basin White Oak Water Classification SC; HOW Site Coordinates Latitude: Longitude: 34.730365-76.746681 Pre -Filing Meeting Information ID# 20201353 Pre -fling Meeting or Request Date* 9/30/2020 Attach documentation of Pre -Filing Meeting Request here:* DWR Pre Filing Meeting Request.pdf Version#* 1 What amout is owed?* 6 $240.00 r $570.00 Select Project Reviewer* Holley Snider:eads\hasnider 1c. Primary Contact Phone:* (910)452-0001 Version 1 50.1 KB A. Processing Information C^U County (or Counties) where the project is located: Carteret Is this a NCDMS Project r Yes r No Is this project a public transportation project?* r Yes r No la. Type(s) of approval sought from the Corps: * Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* r Yes r No 1b. What type(s) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 18 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit 29 - Residential Developments le. Is this notification solely for the record because written approval is not required? For the record only for DWR401 Certification: For the record only for Corps Permit: r 401 Water Quality Certification - E)press r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)? r Yes r No r Unknown 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? W Owner r Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes (- No 2. Owner Information 2a. Name(s) on recorded deed: Elijah's Landing of Morehead City, LLC 2b. Deed book and page no.: 2c. Responsible party: Keith Walker * r Yes r No r Yes r No 2d.Address Street Address 108 Professional Park Drive Address Line 2 CKY Beaufort Postal / Zip ode 28516 2e. Telephone Number: (252)504-3996 2g. Email Address:* kwalker@eccdi.com 4. Agent/Consultant (if applicable) 4a. Name: Kim Williams 4b. Business Name: Land Management Group 4c.Address Street Address 3805 Wrightsville Avenue; Suite 15 Address Line 2 city Wilmington Postal / Zip Code 28403 4d. Telephone Number: (910)452-0001 4f. Email Address:* kWiliams@imgroup.net Agent Authorization Letter* Signed Authorization Form.pdf State / Province / Flagion NC Country USA 2f. Fax Number: State / Province / I3gion NC Country USA 4e. Fax Number: (910)452-0060 163.04KB C. Project Information and Prior Project History C^U 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/ town: Morehead City 2. Project Identification 2a. Property Identification Number: 2b. Property size: 637615648235000 & 6376156499070000 13.3 2c. Project Address Street Address Bridges Street Address Line 2 City State / Province / I�agion Morehead City NC Postal / Zip Code Country 28557 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Calico Creek 3b. Water Resources Classification of nearest receiving water:* SC; HQW 3c. What river basin(s) is your project located in?* White Oak 3d. Please provide the 12-digit HUC in which the project is located. 030203010406 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The portion of the site closest to Bridges Street is cleared. A paved road runs the length of the eastern boundary. Additionally, a parking lot and home exist in this section. An old building and associated parking area exist in the central part of the site. The rest of the site is undeveloped and forested. Calico Creek forms the northern property boundary. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Topo Map.pdf 411.42KB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Soils Map.pdf 262.03KB 4f. List the total estimated acreage of all existing wetlands on the property: 1.4 4g. List the total estimated linear feet of all existing streams on the property: 370 (Calico Creek) 4h. Explain the purpose of the proposed project:* The purpose of the project is to construct an affordable multi -family apartment complex in Morehead City. Impacts are needed to construct buildings, parking, and accessways. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project includes the construction of 7 apartment buildings that will each contain multiple units. Parking areas, accessways, utilities, stormwater ponds, and an amenity center are also planned. Five wetland impacts are needed to construct buildings, access ways, a pond, and for site grading. The limits of disturbance will be cleared of vegetation. Roadways and utilities will be installed. Then building construction will occur. Track hoe, loader, dump truck, bob cat, and other standard construction equipment will be used. 4j. Please upload project drawings for the proposed project. Current Site Wetlands Impact Exhibit - 11x17.pdf 90.88KB Wetlands Impact #1.pdf 18.89KB Wetlands Impact #2.pdf 21.15KB Wetlands Impact #3 and #4.pdf 20.98KB Wetlands Impact #5.pdf 19.19KB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No r Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: Action ID# SAW-2018-00412 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Paul Farley Agency/Consultant Company: Land Management Group Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Tom Charles of the USACE issued the JD on 7/24/2018. 5d1. Jurisdictional determination upload JDTearsheet_ElijahsLanding.pdf 1.44MB 6. Future Project Plans 6a. Is this a phased project?* r Yes r No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? No D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): W Wetlands r Streams -tributaries r Buffers r Open Waters r Pond Construction 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type* M 2c. Type of W. 2d. W. name * 2e. Forested * 2C Type of Jurisdicition*(?) 2g. Impact area 1 Fill for road and parking P Hardwood Flat �IVA Yes Both 0.037 (acres) Fill for road and P Hardwood Flat WA Yes Both 0.139 Grading (acres) Fill for road and parking P Hardwood Flat �11A Yes Both 0.035 (acres) Fill for road, parking, P Hardwood Flat WA Yes Both 0.055 and building (acres) 5 Fill for road, parking, P Hardwood Flat WA Yes Both 0.083 and grading (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.349 2h. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 2g. Total Permanent Wetland Impact 0.349 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The project engineer has revised the site plan to reduce wetland impacts as much as practicable. A previous site plan proposed impacts to 0.578 acre, but this was revised to further reduce impacts. Parking spaces have been reduced, a retaining wall will be used where the parking aisle meets the wetlands, and portions of the sidewalk have been converted to an above -grade boardwalk (see attached plan). 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The developer will obtain stormwater and sedimentation and erosion control permits prior to development. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? r Yes IT No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: LMG staff have performed an assessment of the wetlands using the NC WAM methodology and determined that the wetlands to be impacted rate Low (attached). The ground surface and vegetation are severely altered and there is evidence of pollutants entering the wetlands. Additionally, wetland impacts have been minimized considerably (see above). For these reasons, no mitigation is proposed. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? F Yes r No If no, explain why: Site is located within the White Oak River Basin. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)? U r Yes r No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? r Yes r No r N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: r Local Government R State State Stormwater Programs r Phase II P Coastal Counties r HWO or ORW r Other Comments: Engineer is currently in the process of obtaining a stormwater permit (SW8 201102). G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)?* r Yes r No 1c. If you answered "yes" to the above, has the document review been finalized bythe State Clearing House?* r Yes r No Comments:* The project is currently going through HUD review. However, SCH review has not yet been completed. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. The project will not provide access or utilities to adjacent properties. No additional wetland impacts are anticipated within the site. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. The project will tie into the municipal wastewater treatment system. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No Si. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 51. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The NC Natural Heritage Program database was used to determine the known presence of rare species on or near the site. No federally listed species are known to occur on the site. The Atlantic sturgeon and West Indian manatee are known to occur within one mile of the site, likely within Calico Creek and/or Bogue Sound. Forested sections within the site support a mix of hardwoods and pines. Areas dominated by pines also contain a fairly dense shrub layer. Therefore, the site would not provide suitable habitat for the red -cockaded woodpecker. Wetlands within the site are densely vegetated and not suitable habitat for rare plant species known to occur in the area. Forested areas on site may provide appropriate roosting habitat for the northern long-eared bat. However, because no hibernacula or roost trees are known to occur in close proximity to the site, any impact resulting from tree clearing would be exempt per the 4(d) rule. The site does not appear to provide suitable habitat for any other federally protected species known to occur in the region. Consultation Documentation Upload 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No Are there submerged aquatic vegetation (SAV) around the project vicinity?* r Yes r No O Unknown 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* The NOAA EFH Mapper was used. Calico Creek and adjacent waters is EFH to coastal migratory pelagics. No development is proposed in close proximity to this creek. Additionally, erosion control and stormwater permits will be obtained. Therefore, no impacts to this resource are anticipated. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of cultural or historic resources. No resources are identified within or adjacent to the site. 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? * r Yes r No 8b. If yes, explain how project meets FEMA requirements: The engineer will ensure that the project meets FEMA requirements. 8c. What source(s) did you use to make the floodplain determination?* Information from engineer Miscellaneous Comments Miscellaneous attachments not previously requested. Aerial Map.pdf Vicinity Map.pdf Elijahs Landing_NCWAM Form_08-02-2018.pdf WAM Map.pdf Signature W By checking the box and signing below, I certify that: U 351.51 KB 229.72KB 164.99KB 1.16MB u • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name IGmberlee C Williams Signature �nad�9/�s [?�dloera• Date 1/6/2021 Al� LMG LAND MANAGEMENT GROUP a DAVEYI-. company AGENT AUTHORIZATION FORM TO WHOM IT MAY CONCERN: Uwe, the undersigned, hereby authorize Land Management Group to act as our agent in the preparation and representation of information related to the Section 404/401 permit application for Elijah's Landing Apartments located in Morehead City, NC. All questions regarding this project should be directed to Land Management Group. Sincerely, Applicant Keith D. Walker Print Name January 6, 2021 Date www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Avenue, Suite 15 • Wilmington, NC 28403 Yan Or Eakkdn ❑r Elm 81 c f I clrl ^est O� z c riawylo t sl s r ��■ �" s � 7�l L:\WETLANDS\2018 WETLANDSFILES\01-18-014\data package\mapset.cdr *Boundaries are approximate and are not meant to be absolute. Map Source: USGS Carteret County GIS Mosaic jq� Its �'�� sri,l HERE, DeLorme, Mapmylndia; © Open Street Map ntnb rs SCALE 1 " = 800' Elijah's Landing Tract LMG Carteret County, NC .1`AAME.Y'r[;rVft11 s. 1.11100rme4ml tanzulwnn Figure 2 www.lmgroup.net USGS Topographic Map February 2018 3805 Wrightsville Avenue LMG # 01-18-014 Wilmington, NC28403 Phone:910.452.0001 Fax:910.452.0060 SITE L ,4 Legend s Aak Altavista loamy fine sand, 0-2% slopes . Ag: Augusta loamy fine sand ` Ap: Arapahoe fine sandy loam p CnB: Conotoe loamy fine sand, 0-5% slopes Ln: Leon sand StA: State loamy fine sand, 0-2% slopes W: Water L:\WETLANDS\2018 WETLANDSFILES\01-18-014\data package\mapset.cdr *Boundaries are approximate and are not meant to be absolute. Map Source: NRCS Soil Survey s. -w R i OF, SCALE 1" = 300' Elijah's Landing Tract LMG Carteret County, NC =1.11100r�e4ml CVnm1;rVft11 s.Fi ure 4 tanzulwnn 9 www.lmgroup.net Soils Map February 2018 3805 Wrightsville Avenue LMG # 01-18-014 Wilmington, NC 28403 Phone:910.452.0001 Fax:910.452.0060 err■ ��a�`''�"T� I• " ram. 1 ' • +' �� �44 err S' a 3 � tat f L:\WETLANDS\2018 WETLANDSFILES\01-18-014\data package\mapset.cdr *Boundaries are approximate and are not meant to be absolute. Map Source: 2012 NC One Map ►, ti 11,6Lorme, MapmI �India, © OpenStreetMap contributor SCALE 1" = 400' Elijah's Landing Tract LMG LANCarteret County, NC 11100r e4mlCVnm1;fVft11 s. Figure 6 fnvtranmertra:l tanzulwnrs g www.lmgroup.net Aerial Photograph February 2018 3805 Wrightsville Avenue LMG # 01-18-014 Wilmington, NC 28403 Phone:910.452.0001 Fax:910.452.0060 ELIJAH'S LANDING APARTMENTS PROPOSED WETLAND AND FLOOD ZONE IMPACTS 1Ulm Q ,1 WETLAND IMPACT AREA #5s' N1rlFa"m m INS FLOOD ZONE AE6 IMPACT AREA SISIM SILVIA LAIR � TtNI I a I I — — — — — — — — — — — — — — — aaLeL— - — — — — — 'a ' i CXD I A ~ i / fn \ '' I �„r y SIMS' I � , r r t I i I I jii.0 I I PROPOSED SANITARY WETLAND IMPACT SEWER AREA #1 EXISTING SEWER LINE TO CONNECT AT MANHOLE AND ROUTED THROUGH WETLAND IMPACT PROPOSED SITE AREA #2 WETLAND IMPACT WETLAND IMPACT AREA #3 AREA #4 1 Y W ui 0 2 a cs IMPACTS TABLE AVOIDANCE AND MINIMIZATION TABLE LEGEND TOTAL WETLANDS AREA - 64.004.06 SF WETLAND IMPACT 1. REMOVED PARKING SPACES ON WEST SIDE OF DRIVE AISLE WETLAND IMPACT AREA al = 1.625.19 SF = 0.037 AC AREA al 2. ADDED RETAINING WALL ALONG WEST SIDE OF DRIVE AISLE WETLAND IMPACT AREA a2 - 6.064.18 SF . 0.139 AC 3. CONVERTED CONCRETE SIDEWALK TO ABOVE GRADE BOARDWALK 211/ EXISTING WETLAND IMPACT AREA a3 . 1.542.44 SF - 0.035 AC WETLANDS WETLAND IMPACT AREA a4 - 2.376.78 SF - 0.055 AC WETLAND IMPACT 1. REMOVED PARKING SPACES ON BOTH SIDES OF DRIVE AISLE NJ/- --I/- WETLAND IMPACT AREA a5 - 3.608.10 SF = 0.083 AC AREA a2 2. ADDED RETAINING WALL ALONG BOTH SIDES OF DRIVE AISLE TOTAL PROPOSED WETLANDS IMPACTS - 15.216.69 SF 0.349 VC 3. CONVERTED CONCRETE SIDEWALK TO ABOVE GRADE BOARDWALK TOTAL AE FLOOD ZONE = 16.953.51 5F = 0.389 AC WETLAND IMPACT 1. REMOVED PARKING SPACES ON WEST SIDE OF DRIVE AISLE PROPOSED WETLAND IMPACTS PROPOSED IMPACT TO FLOOD ZONE = 0.389 AC AREA a3 2. ADDED RETAINING WALL ALONG WEST SIDE OF DRIVE AISLE 3. MOVED ACCESSIBLE ROUTE TO EAST SIDE OF DRIVE AISLE WETLAND IMPACT 1. REMOVED PARKING SPACES ON WEST SIDE OF DRIVE AISLE AREA a4 2. ADDED RETAINING WALL ALONG WEST SIDE OF DRIVE AISLE 3. MOVED ACCESSIBLE ROUTE TO EAST SIDE OF DRIVE AISLE EXISTING AE FLOOD ZONE WETLAND IMPACT 1. REMOVED PARKING SPACES ON WEST SIDE OF DRIVE AISLE AREA a5 2. ADDED RETAINING WALL ALONG WEST SIDE OF DRIVE AISLE 3. MOVED ACCESSIBLE ROUTE TO EAST SIDE OF DRIVE AISLE PROPOSED SEWER uuu ...... WETLANDS RETAINING JI 6' BOARDWALK WALL OVER WETLANDS 6' CONC. SIDEWALK PARKING SPACES --------------- pwr011 I M WETLAND IMPACT *tl ANW14 RETAINING \ WAL L , PARKING SPACES - 24 " CURB & GUTTER POND #1 ELIJAH'S LANDING APARTMENTS WETLAND IMPACT #1 EXHIBIT 20 10 0 20 40 SCALE: 1" = 20' WETLANDS 1- / ii �Nm RETAINING WALL PARKING SPACES 10 WETLAND IMPACT AREA = 0.139 AC POND $91 MBL------- ------- Ll PARKING SPACES 6' BOARDWALK OVER WETLANDS ------------------------ 24 " CURB 8 GUTTER 1) [-\\-T NW -I 6' CONC. SIDEWALK BUILDING #400 ELIJAH'S LANDING APARTMENTS WETLAND IMPACT #2 EXHIBIT 20 10 0 20 40 SCALE: 1" = 20' WALLINING f- --- PARKING SPACES N VA BUILDING #400 iNDS -4x 24 " CURB & GUTTER N PARKING SPACES ----------------- .--x---_x- 6' CDNC. SIDEWALK WETLAND IMPACT #3 AREA = 0.035 AC WETLANQ IMPACT #4 AREA = 0.055 AC BUILDING #500 ELIJAH'S LANDING APARTMENTS WETLAND IMPACTS #3 & #4 EXHIBIT 20 10 0 20 40 SCALE: 1" = 20' 24 " CURB & WETLANDS GUTTER i PARKING SPACES I RETAINING WALL -- - - - - - - - - - - - - - - - - - - -- / PARKING f�N N b A SPACES �� 'I 6' CDNC. SIDEWALK BUILDING #500 WETLAND IMPACT #5 AREA = 0.083 AC ---------------------------------------------------j ELIJAH'S LANDING APARTMENTS WETLAND IMPACT #5 EXHIBIT 20 10 0 20 40 SCALE: 1" = 20' U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2018-00412 County: Carteret U.S.G.S. Quad: NC- Beaufort NOTIFICATION OF 4LIRISDICTIONAL DETERMINATION Property Owner: Lois Matthov el al Address: 182 Drum InisE M[greltcad City, NC 285S7 Phone No. {252) 726-9050 Size (acres) 13.3 Nearest Town Morehead City Nearest Waterway Bogue Sound River Basin White Oak USGS HUC 03020301 Coordinates Latitude: 34,7303 Longitude:-76.7466 Location description: The ro'ect area is located at 3200 and 3140 N. Brid yes Street in Morchead CitV, Carteret Coup tN,. North Carolina. The Parcel I #s are 637615§48235000 and 637615649907000 Indicate Which of the Following Apply: A. Preliminary Determination ❑ 'There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable, The approximate boundaries of these waters are shown on the enclosed delineation map dated_ Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CPR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction detennination may not be used in the permit evaluation process, Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision, We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in. a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344)_ Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Z There are waters, including wetlands on the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. SAW-2018-00412 EJ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ® The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on May 16, 2018. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S„ to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the Iaw or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA), You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements, Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). PIacement of dredged or till material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this detennination and/or the Corps regulatory program, please contact Mr. Tom Charles at i210) 251-4101 or Thomas.P. Charles .u_s_ace.army.mll. C. Basis For Determination: Basis For Determination: See the approved Jurisdictional determination form dated 7/2412018. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland detennination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. if you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. if you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP, Should you decide to submit an RFA form, it must be received at the above address by 9/23/2018. **1t is not necessary to submit arm RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date of JD: 7124/2918 Expiration Date of JD: 7/24/2023 SAW-20I 8-00412 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http: //corpsmapu. usace.army.raii/cm_apex/f?p=13 6:4: 0 Copy furnished: Agent: Land Mang ement Gran r lnr. Mr. Paul Farlev Address: 3805 Wri htsville Ave Smite 15 Wilmington, NC 28403 Telephone Number: 910 452-0001 ?YOTI1+It_:1"HON OF :WIMtNIS"I'1{A-fiV E APP AL 0141ONS AND PROCESS AND RT,{}IJFST FOR APP A 1, Applicant-, Lois Matthews et al File Number: SAW_ -2018-00412 Date: 7/24/2018 _ Attached is: See Section below INITIAL. PROFFERED PERMIT Standard Permit or Letter of ennission A ❑ PROFFERED PERMIT Standard Permit or Letter of ermission B ❑ PERMIT DENIAL C _ D E ® _ APPROVED JURISDICTIONAL DETERMINATION ❑ PRELIMINARY JURISDICTIONAL DETERMINATION SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional infornation may be found at ar ]"I usace.arm. nli 11M issions/Qj v ilWA)rks/R�uiatoUflrograi-naridillermi ts.asp or the (oaps regulations at 33 CFR Part 33I. A: INITIAL PROFFERED PERMIT- You may accept or object to the permit, • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the pen -nit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the pen -nit., • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section Ii of this forth and sending the form to the division engineer. 'Phis form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. ■ APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD, The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction, Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION 11- REQUEST FOR APPEAI, or OBJECTIONS TO AN INITIAL PROFFEki`ED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to Lify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, ma _provide additional information to clarify the location of information that is already in the administrative record. POINT Of CONTACT FOR QUESTIONS OR INFORMATION.' If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr, Jason Steele, Administrative Appeal Review Officer Attn: Mr. Tom Charles CESAD-PDO Wilmington Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 10M15 69 Darlington Avenue Atlanta, Georgia 30303-8801 Wilmington, North Carolina 28403 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the o ici pate in all site invesCi ations. _o_rtu::f : Telephonenumber: Signature of appellant or agent For appeals on Initial Proffered Permits send thus form to: District Engineer, Wilmington Regulatory Division, Attn: Mr. Tom Charles, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send Chris form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 NOF,P LEGEND n P 1 N P1 z- 1{ARI1MrzuppEv ��, IYe f0Fl A:• M ,. }I� iM M .�'� {uwI Iola w i1+fMr~1ii1f �uwoll PRWCCT Its PM85GS-29 3m2 � I rROM 1016 7 )ROM 106 T FNOM 105 1 FMOM 104 1 FROM 105 1 FROM 102 1OM 1 FROM 1 FROM lDo I FROM I I FROM 2 1 rNOM 3 1 FROM 1 1 FROM FROM 1 FROM 6 I FROM 7 1 FROM 5 1 FROM 1 T FROM 10 1 FROM I1 1 FROM /7 1 FROM 13 1 "'E"I1 I FROM IS 1 FROM 16 1 FROM 11 1 FROM 16 1 FROM FRI fNOM 20 7 FROM FR21 1 FROM 27 1 FROM 23 7 106. 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GO 5;2: 6pp;;]�E 2285 55p:3, �9'EE 4"E:36 NBT•10,21 3A.23 N23'18,� 3.85 N86.1ISg B" 38.93 S 78. 15'16" 43.11 1p IN 1 T61793 11000 WE TL AMOS '202' TO '210' 10.25 ACRES) FROM 202 10 203. 3 19 20 16.031 E. )ROM 203 TO 701. N 65 59 59.387 E. FROM 204 TO 205. M i! 1! ]1. 611 E• FROM 205 TO '06. S 51 SS 39. 726 E. FROM 206 TO 10,. M 66 13 16. 550 E. FROM 207 TO 208. M S] 36 11.061 E. FROM 206 TO 20f. f 70 x [. FROM 209 70 210. S 42 16 ]s. os5 E. TIE 202 TO 'A' CP N10•32'DO'E 121. 11 'w' CR Z'o70 N1']0'L S2. DO 27.7242 33.6317 41. itt3 15. 2733 47. 0211 21.f3i1 1f.f1f7 13.62f3 REV ISTW.: FERENCESI r w Iwr NER: N/f Lfll$ WILLIS MATTHE IFS 0. B631ff,,1564 PIN935ow DREW200 O+IT0GE5 STREET 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): July 24, 2018 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District-WFO, Elijah's Landing, SAW-2018-00412 C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: North Carolina County/parish/borough: Carteret City: Morehead City Center coordinates of site (]at/long in degree decimal format): Lat. 34.729263' N, Long.-76.746994' W. Universal Transverse Mercator: 18 S 340043.65 in E 384411.29 in N Name of nearest waterbody: unnamed tributary to Calico Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Newport River Name of watershed or Hydrologic Unit Code (HUC): 03020106 Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): 3/8/18 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] ❑ Waters subject to the ebb and flow of the tide. ❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters of the 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 ❑ Wetlands adjacent to TNWs ® Relatively permanent waterS2 (RPWs) that flow directly or indirectly into TNWs ❑ Non-RPWs that flow directly or indirectly into TNWs ® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ❑ Impoundments of jurisdictional waters ❑ Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non -wetland waters:... 240 linear feet: 6width (ft) and/or acres. Wetlands: —1.4 acres. c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual Elevation of established OHWM (if known): 2. Non -regulated waters/wetlands (check if applicable):] ❑ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: Boxes checked below shall be supported by completing the appropriate sections in Section III below. z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). ' Supporting documentation is presented in Section III.F. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. 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 Rapaeoshave 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 IH.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 III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section IH.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section IH.0 below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 0.16 square miles Drainage area: 0.16 square miles Average annual rainfall: 52.52 inches Average annual snowfall: 13 inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ® Tributary flows through 2 tributaries before entering TNW. Project waters are 1-2 river miles from TNW. Project waters are 1-2 river miles from RPW. Project waters are 1-2 aerial (straight) miles from TNW. Project waters are 1-2 aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNWS:. Rpw on -site flows into a tributary of Calico Creek and from Calico Creek to the Newport River Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. 5 Flow route can be described by identifying, e.g„ tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW, Tributary stream order, if known: (b) Gencml Tributary Characteristics fr.heck all that apply): Tributary is: ❑ Natural ® Artificial (man-made). Explain: On -site rpw appears to be man made ditch. ❑ Manipulated (man -altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: 5 feet Average depth: 2 feet Average side slopes: Vertical (1:1 or less). Primary tributary substrate composition (check all that apply): ❑ Silts ® Sands ❑ Concrete ❑ Cobbles ❑ Gravel ❑ Muck ❑ Bedrock ❑ Vegetation. Type/% cover: ❑ Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: appears stable. Presence of run/riffle/pool complexes. Explain: Tributary geometry: Relatively straight Tributary gradient (approximate average slope): 2 % (c) Flow: Tributary provides for: Seasonal flow Estimate average number of flow events in review area/year: 20 (or greater) Describe flow regime: Professional judgement perennial flow. Other information on duration and volume: Surface flow is: Confined. Characteristics: Subsurface flow: Unknown. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply); ® Bed and banks ® 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.7 Explain: the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): ❑ High Tide Line indicated by: ❑ Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine shell or debris deposits (foreshore) ❑ physical markings; ❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: unknown. 'A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the 0I1WM 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. 7Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ❑ Riparian corridor. Characteristics (type, average width): ❑ Wetland fringe. Characteristics: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Welland Characteristic~: 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: Wetland surface water releases at higher rain events. Wetlands flow into the culvert and then into the tributary. Surface flow is: Pick List Characteristics: Subsurface flow: Pick List. Explain findings: ❑ Dye (or other) test performed: (c) Wetland AdjacertcyDgwrrnination with Rion-TNW: ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: ❑ Separated by berm/barrier. Explain: (d) Proximity(Relationship) to TNW Project wetlands arc Pick List river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer. Characteristics (type, average width): ❑ Vegetation type/percent cover. Explain: Forested/ 100% cover. ❑ 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 buts`? Y/N Size f in acres pirec ,y abuts? WN) Size fin acres) Summarize overall biological, chemical and physical functions being performed: Typical depressional/flats function, surface and subsurface water storage, maintence of characteristic vegetation community and varrious biogeochemical functions. C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ❑ TNWs: linear feet width (ft), Or, acres. ❑ Wetlands adjacent to TNWs: acres. RPWs that flow directly or indirectly into TNWs. ❑ Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: ® Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: The tributary is a seasonal RPW at the flow analysis point based on annual rainfall, tributary profile/elevations, topography, soils, and drainage area.. Provide estimates for jurisdictional waters in the review area (check all that apply): ❑ Tributary waters: linear feet width (ft). ❑ Other non -wetland waters: acres. Identify type(s) of waters: Non-RPWss that flow directly or indirectly into TNWs. ❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): ❑ Tributary waters: linear feet width (ft). ❑ Other non -wetland waters: acres. Identify type(s) of waters: Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ❑ Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: ® 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: wetlands connected to the on -site rpw which flows to Calico Creek and eventually to the Newport River. Provide acreage estimates for jurisdictional wetlands in the review area: — 1.4 acres. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters 9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. ❑ Demonstrate that impoundment was created from "waters of the U.S.," or ❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or ❑ Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):to ❑ which are or could be used by interstate or foreign travelers for recreational or other purposes. ❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ❑ which are or could be used for industrial purposes by industries in interstate commerce. 'See Footnote # 3. 9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Mentorandunt Regarding CWA Act Jurisdiction Following Rapanos. ❑ Interstate isolated waters. Explain: ❑ Other factors. Explain: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): ❑ Tributary waters: linear feet width (ft). ❑ Other non -wetland waters: acres. Identify type(s) of waters: ❑ Wetlands: acres. F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. ❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: Other: (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ❑ Non -wetland waters (i.e., rivers, streams): linear feet width (ft). ❑ Lakes/ponds: acres. ❑ Other non -wetland waters: acres. List type of aquatic resource: ❑ Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): ❑. Non -wetland waters (i.e., rivers, streams): linear feet, width (ft). Lakes/ponds: acres. Other non -wetland waters: acres. List type of aquatic resource: ❑ Wetlands: acres. SECTION IV: DATA SOURCES, A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: ® 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: Carteret County GIS Mosaic, 1:800'. ® USDA Natural Resources Conservation Service Soil Survey. Citation: NRCS Soil Survey GIS Data. ❑ National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date):1998 NAPP and 2012 NC Onemap. or ❑ Other (Name & Date): Site photographs. ❑ Previous determination(s). File no. and date of response letter: ❑ Applicable/supporting case law: ❑ Applicable/supporting scientific literature: ® Other information (please specify): LiDAR Map. 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): July 24, 2018 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District-WFO, Elijah's Landing, SAW-2018-00412 C. PROJECT LOCATION AND BACKGROUND INFORMATION: State:North Carolina County/parish/borough: Carteret City: Morehead City Center coordinates of site (lat/long in degree decimal format): Lat. 34.729263' N, Long.-76.746994' W. Universal Transverse Mercator: 18 S 340043.65 m E 384411.29 in N Name of nearest waterbody: Calico Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Newport River Name of watershed or Hydrologic Unit Code (HUC): 03020106 ❑ Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. ❑ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: 19 Field Determination. Date(s): 3/8/2018 SECTION IL• SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Are "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 Pick List "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): t TNWs, including territorial seas Wetlands adjacent to TNWs ® Relatively permanent waterS2 (RPWs) that flow directly or indirectly into TNWs ❑ Non-RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ❑ Impoundments of jurisdictional waters ❑ Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non -wetland waters: - 655 linear feet: 8 width (ft) and/or 0.1 acres. Wetlands: —0.2 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. 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). a Supporting documentation is presented in Section III.F. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW.: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent': B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.0 below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 0.73 square miles Drainage area: 0.73 square miles Average annual rainfall: 52.52 inches Average annual snowfall: 1.3 inches (ii) Physical Characteristics: (a) ReIati❑nshia with TNW: ® Tributary flows directly into TNW. ❑ Tributary flows through .Pick List tributaries before entering TNW. Project waters are 1-2 river miles from TNW. Project waters are 1-2 river miles from RPW. Project waters are 1-2 aerial (straight) miles from TNW. Project waters are 1-2 aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNW5:.Calico Creek flows directly into the Newport River Note that the Instructional Guidebook contains additional infonnation regarding swales, ditches, washes, and erosional features generally and in the and West. s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW, Tributary stream order, if known; (b) General Tribulary Characteristics (clteck a I I that annlv): Tributary is: ® Natural ® Artificial (man-made). Explain: approximately 800' is a man made ditch. ❑ Manipulated (man -altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: 20 feet Average depth: 2 feet Average side slopes: 4:1 (or 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: appears stable. Presence of run/riffle/pool complexes. Explain: not observed, coastal plain stream. Tributary geometry: Meandering Tributary gradient (approximate average slope): 2 % (c) Flow: Tributary provides for: Seasonal flow Estimate average number of flow events in review area/year: 20 (or greater) Describe flow regime: Perennial. Other information on duration and volume: Surface flow is: Discrete and confined. Characteristics: Subsurface flow: Unknown. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): Bed and banks ® OHWM6 (check all indicators that apply): ® clear, natural line impressed on the bank ❑ changes in the character of soil ❑ ❑ shelving ❑ vegetation matted down, bent, or absent ❑ ® leaf litter disturbed or washed away ❑ ® sediment deposition ❑ ❑ water staining ❑ ❑ other (list): ❑ Discontinuous OHWM.7 Explain: the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community If factors other than the OHWM were used to detennine 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: Identify specific pollutants, if known: unknown. 'A natural or man-made discontinuity in the OHWM does not necessarily severjurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ❑ Riparian corridor. Characteristics (type, average width): ® Wetland fringe. Characteristics: Typical coastal plain floodplain vegetation. ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: . Wetland quality. Explain: . Project wetlands cross or serve as state boundaries. Explain: (b) General Flaw RcIationship with Lan-TNW: Flow is: Pick List. Explain: Wetland surface water releases at higher rain events. Wetlands flow into the culvert and then into the tributary. Surface flow is: Pick List Characteristics: Subsurface flow: Pick List. Explain findings: ❑ Dye (or other) test performed: (c) Wetland Adiaecncy l)cter nination with Non-TNW: ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: ❑ Separated by berm/barrier. Explain: (d) Proximity (lielationship) to TNW Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer. Characteristics (type, average width): ❑ Vegetation type/percent cover. Explain: Forested/ 100% cover. ❑ 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? fYIN) aize fin acres) Directly abuts? YIN Size fin acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IIIM: Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: 1�� 1 TNWs: linear feet width (ft), Or, acres. [J Wetlands adjacent to TNWs: acres. RPWs that flow directly or indirectly into TNWs. ® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Large drainage area with substantial local floodplain. . 0 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: 1900 linear feet width (ft). ❑ Other non -wetland waters: acres. Identify type(s) of waters: Non-RPWss that flow directly or indirectly into TNWs. ❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): ❑ Tributary waters: linear feet width (ft). ❑ Other non -wetland waters: acres. Identify type(s) of waters: Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetlands fall within floodplain of Calico Creek. ❑ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.13 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: 0.2 acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters 9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. Demonstrate that impoundment was created from "waters of the U.S.," or Demonstrate that water meets the criteria for one of the categories presented above (1-6), or ❑ Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):" ❑ which are or could be used by interstate or foreign travelers for recreational or other purposes. ❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ❑. which are or could be used for industrial purposes by industries in interstate commerce. [� Interstate isolated waters. Explain: ❑ Other factors. Explain: 'See Footnote # 3. ' To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction 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. F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. ❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). ❑ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: ❑ Other: (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ❑ Non -wetland waters (i.e., rivers, streams): linear feet width (ft). ❑ Lakes/ponds: acres. ❑ Other non -wetland waters: acres. List type of aquatic resource: ❑ Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): ❑ Non -wetland waters (i.e., rivers, streams): linear feet, width (ft). ❑ Lakes/ponds: acres. ❑ Other non -wetland waters: acres. List type of aquatic resource: ❑ Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: Carteret County GIS Mosaic, 1:800'. USDA Natural Resources Conservation Service Soil Survey. Citation: NRCS Soils Survey GIS Data. ❑ National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date):1998 NAPP and 2012 NC Onemap . or ® Other (Name & Date): Site photographs. ❑ Previous determination(s). File no. and date of response letter: ❑ Applicable/supporting case law: ❑ Applicable/supporting scientific literature: ® Other information (please specify): LiDAR map . B. ADDITIONAL COMMENTS TO SUPPORT JD: -7- ti---...ter: ..._ -- t io►�neaa Attantie Btaen (c) OpenStreetMap and contributors, Creative Commons -Share Alike License (CC -BY -SA), Esri, HERE, DeLorme, Mapmylndia, OpenStreetMap contributors L:\WETLANDS\2018 WETLANDSFILES\01-18-014\data package\mapset.cdr *Boundaries are approximate and are not meant to be absolute. Map Source: ArcGIS Open Street Map SCALE 1" = 1 mile Elijah's Landing Tract LMG Carteret County, NC =IE,�E«hf:�,014:" ,;..,,,� . ��rt,,,�,�,,,�:,,�:��,,,,,,� Figure 1 www.lmgroup.net Vicinity Map February 2018 3805 Wrightsville Avenue LMG # 01-18-014 Wilmington, NC 28403 Phone:910.452.0001 Fax:910.452.0060 NC WAM FIELD ASSESSMENT FORM Accompanies user Manual Version b.0 USACE AID # SAW-2018-00412 NCDWR# Project Name Elijah's Landing Date of Evaluation 8/2/2018 Applicant/Owner Name East Carolina Community Wetland Site Name Wetland 1 Development Inc Wetland Type Headwater Forest Assessor Name/Organization Wes Fryar / Land Management Group Level III Ecoregion Middle Atlantic Coastal Plain Nearest Named Water Body Calico Creek River Basin White Oak USGS 8-Digit Catalogue Unit 03020301 County Carteret NCDWR Region Wilmington ® Yes ❑ No Precipitation within 48 hrs? Latitude/Longitude (deci-degrees) 34.729263/-76.746994 Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? ❑ Yes ® No Regulatory Considerations -Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑ Anadromous fish ❑ Federally protected species or State endangered or threatened species ❑ NCDWR riparian buffer rule in effect ❑ Abuts a Primary Nursery Area (PNA) ❑ Publicly owned property ❑ N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) ® Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout ❑ Designated NCNHP reference community ❑ Abuts a 303(d)-listed stream or a tributary to a 303(d)-listed stream What type of natural stream is associated with the wetland, if any? (check all that apply) ® Blackwater ❑ Brownwater ❑ Tidal (if tidal, check one of the following boxes) ❑ Lunar ❑ Wind ❑ Both Is the assessment area on a coastal island? ❑ Yes ® No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? ❑ Yes ® No Does the assessment area experience overbank flooding during normal rainfall conditions? ❑ Yes ® No Ground Surface Condition/Vegetation Condition — assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence an effect. GS VS ❑A ❑A Not severely altered ®B ®B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) Surface and Sub -Surface Storage Capacity and Duration — assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable. Surf Sub ❑A ❑A Water storage capacity and duration are not altered. ®B ®B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). ❑C ❑C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). Water Storage/Surface Relief — assessment area/wetland type condition metric (skip for all marshes) Check a box in each column. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. ❑A ❑A Majority of wetland with depressions able to pond water > 1 deep ®B ®B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep ❑C ❑C Majority of wetland with depressions able to pond water 3 to 6 inches deep ❑D ❑D Depressions able to pond water < 3 inches deep 3b. ❑A Evidence that maximum depth of inundation is greater than 2 feet ❑B Evidence that maximum depth of inundation is between 1 and 2 feet ❑C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture/Structure — assessment area condition metric (skip for all marshes) Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the top 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. ❑A Sandy soil ®B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) ❑C Loamy or clayey soils not exhibiting redoximorphic features ❑D Loamy or clayey gleyed soil ❑E Histosol or histic epipedon 4b. ®A Soil ribbon < 1 inch ❑B Soil ribbon >_ 1 inch 4c. ®A No peat or muck presence ❑B A peat or muck presence 5. Discharge into Wetland — opportunity metric Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub). Examples of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc. Surf Sub ❑A ❑A Little or no evidence of pollutants or discharges entering the assessment area ®B ®B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area ❑C ❑C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive sedimentation, odor) 6. Land Use — opportunity metric (skip for non -riparian wetlands) Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). WS 5M 2M ®A ❑A ❑A > 10% impervious surfaces ❑B ❑B ❑B Confined animal operations (or other local, concentrated source of pollutants ❑C ❑C ❑C >_ 20% coverage of pasture ❑D ❑D ❑D >_ 20% coverage of agricultural land (regularly plowed land) ❑E ❑E ❑E >_ 20% coverage of maintained grass/herb ❑F ❑F ❑F >_ 20% coverage of clear-cut land ❑G ®G ®G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in the watershed or hydrologic alterations that prevent drainage and/or overbank flow from affecting the assessment area. 7. Wetland Acting as Vegetated Buffer —assessment area/wetland complex condition metric (skip for non -riparian wetlands) 7a. Is assessment area within 50 feet of a tributary or other open water? ®Yes ❑No If Yes, continue to 7b. If No, skip to Metric 8. Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed. 7b. How much of the first 50 feet from the bank is wetland? (Wetland buffer need only be present on one side of the .water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.) ®A >_ 50 feet ❑B From 30 to < 50 feet ❑C From 15 to < 30 feet ❑D From 5 to < 15 feet ❑E < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width. ®<_ 15-feet wide ❑> 15-feet wide ❑ Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? ®Yes ❑No 7e. Is stream or other open water sheltered or exposed? ®Sheltered — adjacent open water with width < 2500 feet and no regular boat traffic. ❑Exposed — adjacent open water with width >_ 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area — wetland type/wetland complex condition metric (evaluate WT for all marshes and Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest only) Check a box in each column for riverine wetlands only. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment area (WC). See User Manual for WT and WC boundaries. WT WC ❑A ®A >_ 100 feet ❑B ❑B From 80 to < 100 feet ❑C ❑C From 50 to < 80 feet ❑D ❑D From 40 to < 50 feet ❑E ❑E From 30 to < 40 feet ❑F ❑F From 15 to < 30 feet ❑G ❑G From 5 to < 15 feet ❑H ❑H < 5 feet 9. Inundation Duration — assessment area condition metric (skip for non -riparian wetlands) Answer for assessment area dominant landform. ❑A Evidence of short -duration inundation (< 7 consecutive days) ❑B Evidence of saturation, without evidence of inundation ®C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition — assessment area condition metric (skip for non -riparian wetlands and all marshes) Consider recent deposition only (no plant growth since deposition). ®A Sediment deposition is not excessive, but at approximately natural levels. ❑B Sediment deposition is excessive, but not overwhelming the wetland. ❑C Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size — wetland type/wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). Seethe User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column. WT WC FW (if applicable) ❑A ❑A ❑A >_ 500 acres ❑B ❑B ❑B From 100 to < 500 acres ❑C ❑C ❑C From 50 to < 100 acres ❑D ❑D ❑D From 25 to < 50 acres ❑E ❑E ®E From 10 to < 25 acres ❑F ❑F ❑F From 5 to < 10 acres ®G ®G ❑G From 1 to < 5 acres ❑H ❑H ❑H From 0.5 to < 1 acre ❑I ❑I ❑I From 0.1 to < 0.5 acre ❑J ❑J ❑J From 0.01 to < 0.1 acre ❑K ❑K ❑K < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only) ❑A Pocosin is the full extent (>_ 90%) of its natural landscape size. ❑B Pocosin type is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas — landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This metric evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, maintained fields (pasture and agriculture), or open water > 300 feet wide. Well Loosely ®A ❑A >_ 500 acres ❑B ❑B From 100 to < 500 acres ❑C ❑C From 50 to < 100 acres ❑D ❑D From 10 to < 50 acres ❑E ❑E < 10 acres ❑F ❑F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. ❑Yes ❑No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands. 14. Edge Effect — wetland type condition metric (skip for all marshes and Estuarine Woody Wetland) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non -forested areas >_ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors, and clear -cuts. Consider the eight main points of the compass. Artificial edge occurs within 150 feet in how many directions? If the assessment area is clear cut, select option "C." ❑A 0 ❑B 1 to 4 ®C 5to8 15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat) ❑A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. ®B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. ❑C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at least one stratum. 16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) ❑A Vegetation diversity is high and is composed primarily of native species (< 10% cover of exotics). ❑B Vegetation diversity is low or has > 10% to 50% cover of exotics. ❑C Vegetation is dominated by exotic species (> 50 % cover of exotics). 17. Vegetative Structure — assessment area/wetland type condition metric 17a. Is vegetation present? ®Yes ❑No If Yes, continue to 17b. If No, skip to Metric 18. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands. ❑A >_ 25% coverage of vegetation ❑B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. TAA WT o ®A ®A Canopy closed, or nearly closed, with natural gaps associated with natural processes ❑B ❑B Canopy present, but opened more than natural gaps U ❑C ❑C Canopy sparse or absent >+ o ❑A ❑A Dense mid-story/sapling layer ®B ®B Moderate density mid-story/sapling layer ❑C ❑C Mid-story/sapling layer sparse or absent ❑A ❑A Dense shrub layer Moderate density layer ®B ®B shrub U) ❑C ❑C Shrub layer sparse or absent -0 ❑A ❑A Dense herb layer _ ®B ®B Moderate density herb layer ❑C ❑C Herb layer sparse or absent 18. Snags — wetland type condition metric (skip for all marshes) ❑A Large snags (more than one) are visible (> 12 inches DBH, or large relative to species present and landscape stability). ®B Not A 19. Diameter Class Distribution — wetland type condition metric (skip for all marshes) ❑A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. ❑B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 inch DBH. ®C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris — wetland type condition metric (skip for all marshes) Include both natural debris and man -placed natural debris. ❑A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). ®B Not 21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. ❑A ❑B ❑C ❑D 22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion, man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D. ❑A Overbank and overland flow are not severely altered in the assessment area. ❑B Overbank flow is severely altered in the assessment area. ❑C Overland flow is severely altered in the assessment area. ®D Both overbank and overland flow are severely altered in the assessment area. Notes Wetlands are bound on western side by a large retaining wall. Flow is diverted north and into an unnamed tributary to Calico Creek which has been channelized in the past. Lots of trash and debris were noted in the wetland. Some cloudy water was noted entering the wetland from small ditches entering from the cleared area to the north. NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland Site Name Wetland 1 Wetland Type Headwater Forest Date of Assessment 8/2/2018 Wes Fryar / Land Assessor Name/Organization Management Group Notes on Field Assessment Form (Y/N) YES Presence of regulatory considerations (Y/N) YES Wetland is intensively managed (Y/N) NO Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) YES Assessment area is substantially altered by beaver (Y/N) NO Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) NO Assessment area is on a coastal island (Y/N) NO Sub -function Ratina Summar Function Sub -function Metrics Rating Hydrology Surface Storage and Retention Condition LOW Sub -surface Storage and Retention Condition HIGH Water Quality Pathogen Change Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Particulate Change Condition LOW Condition/Opportunity NA Opportunity Presence (Y/N) NA Soluble Change Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Physical Change Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Pollution Change Condition NA Condition/Opportunity NA Opportunity Presence (Y/N) NA Habitat Physical Structure Condition LOW Landscape Patch Structure Condition HIGH Vegetation Composition Condition MEDIUM Function Ratina Summa Function Metrics Rating Hydrology Condition MEDIUM Water Quality Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Habitat Condition LOW Overall Wetland Rating LOW { y 8 � d rye Eaton -Ur ,jr R r Aft " - I ! - -Pinelst i 1 -Mp i-, ,ice r• �P. n ❑ x El ' ..a-,aa,-r.•�- —bridges+Stow - r �T { �ijwr �. y � •i i i r � _ 1 L -10 t _ -no. ice.. 1.. "� F - ` ,jElijahs, Landing WAM Point - r � 5 D-0 ..gi GO ogle. Earth �,- El Alk ' lat 34J28941° Imi-76.749008° elev 15 ft eye alt '4ri7' ft ID#* 20201353 Version* 1 Regional Office * Wilmington Regional Office - (910) 796-7215 Reviewer List* Holley Snider Pre -Filing Meeting Request submitted 9/30/2020 ................................................................................................................................................................................................................................................... Contact Name* Charles M. Cullipher Contact Email Address* chase@tcgpa.com Project Name* Elijah's Landing Project Owner* Keith Walker, President ECCDI Project County* Carteret Owner Address: Street Address 108 Professional Park Dr. Address Line 2 aty State / Province / Pegion Beaufort NC Postal / Zip axle Country 28516 USA Is this a transportation project?* r Yes r No Type(s) of approval sought from the DWR: * 401 Water Quality Certification - W 401 Water Quality Certification - Regular Express * Individual Permit F Modification F Shoreline Stabilization Does this project have an existing project ID#?* C Yes (-- No Do you know the name of the staff member you would like to request a meeting with? Please give a brief project description below.* We are proposing a 168 unit apartment complex in Morehead City to be financed through the HUD affordable housing program. There are 0.35 acres of proposed wetland impacts. The site has been evaluated and the JD Map has been approved/signed. We have gone through significant measures of avoidance and minimization with our current plans and wish to submit the PCN as soon as we possibly can. Any meeting date is acceptable as this is a high priority for our firm and client. Thank you for your time. Please give a couple of dates you are available for a meeting. 10/1 /2020 10/2/2020 Please attach the documentation you would like to have the meeting about. 2018-00412 Signed Map.pdf 573.78KB 2018-00412 Signed tearsheet.pdf 1.93MB Current Site Wetlands Impact Exhibit - 90.88KB 11 x17.pdf pdf only By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. 1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature Submittal Date 9/30/2020