20110775 Ver 1_401 Application_20110811

LY-,P C-P_?
EXPRESS kt-o'11S
of WArFq AUG 19 o`' ?c 2011 Office Use Only:
Corps action ID no.
° Y
NC DENR DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PCN Form
A. Applicant Information
1. Processing
I a. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: NWP 18 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ? Yes ® No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
? 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
® 401 Water Quality Certification - Express ® Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ® No
If. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Abby Gardens Multifamily Residential Development
2b. County: Lenoir
2c. Nearest municipality / town: Kinston
2d. Subdivision name: Abby Gardens Multifamily Residential Development
2e. NCDOT only, T.I.P. or state
project no: N/A
3. Owner Information 0 r
3a. Name(s) on Recorded Deed: Abby Gardens, LLC
3b. Deed Book and Page No. DB 1634 Pg 370-373
3c. Responsible Party (for LLC if
applicable):
Frankie Pendergraph OIrNR 11" -
WA
3d. Street address: A
3924 Browning Place, Suite 1 STORMW1fj
ftwff
3e. City, state, zip: Raleigh, NC 27609
I. Telephone no.: 919-755-0558
3g. Fax no.: 919-861-6068
3h. Email address: [e-mail]
Page 1 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Frederic D. Rash
5b. Business name
(if applicable): The Wooten Company
5c. Street address: 120 North Boylan Avenue
5d. City, state, zip: Raleigh, NC 27603-1423
5e. Telephone no.: 919-828-0531
5f. Fax no.: 919-834-3589
5g. Email address: [e-mail]
Page 2 of 11
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 450504548601
1 b. Site coordinates (in decimal degrees): Latitude: 35.2717 Longitude: - 77.64
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: 9.37 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project: Unnamed tributary of Neuse River
2b. Water Quality Classification of nearest receiving water: C; Sw; NSW
2c. River basin: Neuse
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
See Attached narrative contained in Stormwater Management Report prepared for the project.
3b. List the total estimated acreage of all existing wetlands on the property:
0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
0 - No Stream exists on the property, however a stream adjacent to the subject property in a City of Kinston Stormwater
Drainage Easement will be impacted for the purpose of bank and channel stabilization.
3d. Explain the purpose of the proposed project:
Multi-family Residential Development funded through NC Low Income Housing Tax Credit.
3e. Describe the overall project in detail, including the type of equipment to be used:
Specifically, the proposed stream and riparian buffer impacts are for provision of sewer service to the development and
discharge of treated stormwater from the engineered wetlands necessary to comply with City of Kinston's Neuse
Stormwater Management Program. 27 Cubic Yards of Class B Rip Rap will be placed into the stream channel used for
energy dissipater of the storm drainage outfall of treated runoff from the on-site BMP.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
? Yes No ? Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Consultant
Name (if known): Environmental Services, Inc. Other: (See attached correspondence from consultant)
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
? Yes ®No ? Unknown
5b. If yes, explain in detail according to "help file" instructions.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
? Wetlands ® Streams - tributaries ® Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
-
W1 ? P ? T ? Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ® P ? T Energy Dissipater UT of Neuse ® PER
? INT ® Corps
® DWQ -20 40
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 40
3i. Comments:
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
6. Pond or Lake Construction
If and or lake construction proposed, then com fete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
® Neuse ?Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number- Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T impact required
B1 ®P ? T Storm l
Outfal UT of Neuse ® Nos 709 472
B2 ® P ? T Sewer
Utility UT of Neuse ? Yes
® No 604 402
B3 ?P?T ?Yes
? No
6h. Total buffer impacts 1313 874
6i. Comments:
Page 6 of 11
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Discharge of stormwater outside of the buffer to achieve a diffuse flow would require a signficant of earthen fill media to raise
site finished grades. It is not cost effective to raise site grades sufficient to achieve drainage. Piped discharge of stormwater is
designed to have the shortest practical route through the buffer to minimize impacts. There is not alternative for discharge of
sewer at the site other than connection to the existing 15-inch City of Kinston Sewer outfall. As this 15-inch oufall exists within
the riparian buffer, impacts are unavoidable; however, a doghouse manhole is proposed to shorten the alignment of sewer
uility through the buffer to maximum extent practical.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Proper Erosion Control techniques, seeding easements immediately after construction, and scheduling installation of utility
and doghouse manhole during periods of lower stream flow (little or no precipitation) to the extent practical.
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? ? Yes ® No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c. If yes, which mitigation option will be used for this
project? ? Mitigation bank

? Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8of11
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ? No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: See remarks in avoidance and minimization section (above). Majority of
® Yes ? No
stormwater runoff from the site is collected and treated in an engineered wetlands.
Treated stormwater is discharged at a low rate of flow -via piped flow through
through the riparian buffer into the stream channel onto rip rap energy dissipater
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 30.8%
2b. Does this project require a Stormwater Management Plan? ® Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
See Attached narrative contaned in Stormwater Management Report for the project. City of Kinston is the Authority
Having Jurisdiction for review and approval of the Storm Water Management Plan.
® Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Kinston
? Phase II
® NSW
3b. Which of the following locally-implemented stormwater management programs ? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ® No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
? HQW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
? Yes ? No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 9 of 11
PCN Form -Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
? Yes ? No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Kinston Public Sanitary sewer will be extended into the site. The sewer will connect and discharge into an existing 15-inch
city of Kinston Sewer Outfall located adjacent to the site. The City of Kinston has adequate capacity to accept the wastewater
flows anticpipated from the project site.
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ® No
impacts?
® Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
USFWS - see attached correspondence
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
USFWS - see attached correspondence
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NC Department of Cultural Resources, State Historic Presservation Office - see attached correspondence.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ? No
8b. If yes, explain how project meets FEMA requirements: the only component of the development proposed inside of the
FEMA 100-year floodplain is the low-flow storm drainage pipe discharging runoff treated through the engineered
wetlands. No insurable structures or fill is being proposed within the FEMA designated flood plain.
8c. What source(s) did you use to make the floodplain determination? Signed, sealed topograpic Survey provided by Bartlett
Engineering and Surveying, PC

Frederic D. Rash 8/10/11
Applicant/Agent's Printed Name icant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 11 of 11
PCN Form - Version 1.3 December 10, 2008 Version
f
Project: Abby Gardens Multi-Family Residential Development
AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION:
LOT NO. PLAN NO. PARCEL ID: PIN: 450504548601
STREET ADDRESS: Deed Book: 1634, Pg 370-373
Please print:
Property Owner: Abby Gardens, LLC
Property Owner:
The undersigned, registered property owners of the above noted property, do hereby authorize
Frederic D. Rash
(Contractor / Agent)
of The Wooten Company
(Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of
this permit or certification and any and all standard and special conditions attached.
Property Owner's Address (if different than property above):
3924 Browning Place, Suite 1, Raleigh, NC 27609
Telephone: [phone]
We hereby certify the above information submitted in this application is true and accurate to the
best of our knowledge.
Date
Z6 `l
Date:

North Carolina Departmcirt_of Cultural Resources:
Stam Historic Preser'vad6a Office
tia B. SZ11[ cl .tan w rite r
t,`.-i ?i1<< 1-=i? c; Pr.auc CioF-cn-,?r (_}ELio. isE: ???.R'ch ate l
.Lin,ii A, C? ziic4._ iisrr?ricsl.Rico- 4r?
ftA Cep 1. t_rca•;.Depur crctir; L? .id E4r6,nk. Li::c _r
October f2,12010
Jason Grimud
Gco; T e clinologies, Inc.
S life 108
R,Jei h, Ivy: 2://615
IBC: Consuuct Abbv Gardens,; Cindy Laae. Kinston, Geo'I'echnologies 1-10-05?a-EA,,Lcno r Count, t
F- 10=184 7
Dearr Mfr. Gr3'? 3Rd:
ThaiiJi yoU fozyour letter of ScptembeL-?`2; 2010,
c nceii ?e loo e.p oject.
\Vff have conducted a review of the project and are awa.ie of no historic. sesources TThzch hot ld be a- fectcd b
the Project. The-r ,ft,re, we have no
cciu?uient tin the projt ct as pi ogosed
The al ovc cotia?Mcnts are Madc pursuant to Section 06 of the -National f44itol'ic Act -and the
above crnimer t are niade_puz as to Scct7ori lOG of the :fat cinal listoric 1?zecei?%ation Act arid ;the AdF°i oar
Crouncd on Hismric Presgwv2tiOn's Rejulations for Coinpli-mcc midi Section 106 codif-ed at 36 CFR Paxt SOO.
"1 haTik Fnu- for youk e«operation and :consider.: 6on:..It you I:ave O iestigris coil cermligthe-above comment,
please cont,-tct Renee Gledhill-EArlev, eiviramnental re'.?aew copra-i tar, at; 91x1-807-65-9. Iii all future
co auxiicamon cOncerning tl-t s; pzojecr, plea,e site d-le above-referenced +.xac:kinfx auinber.
`?incerel<<,
-;::v'PCLer S.-Lndbeck
L catlor.1 '
F 1 Il:,eigii?:C- [fir tiziJirz? Aildrts&4{1.-r:,;_lyn: C_c. i.Riuh ,;3 C9J L:t7 TdcPhone/F.a 90)tu7 •-CS 0
nl -GS g
ENVIRONMENTAL SERVICES, INC.
524.5. NEW HOPE ROAD
RALEIGH, NORTH 'CAROLINA 27610
919 212-176D - FAX [phone]
?+ivw.envitonmentalscrvi test"nc:com
October 28, 2010
Mr. Robert Bartlett, P.E.
Bartlett Engineering & Surveying, PC
1906 Nash Street.North
Wilson, NC 27893
Re: Kornegay Property
.Kinston, NC
Mr. Bartlett:.
Environmental Services, Inc, `(ESi) visited the Kornegay property in Kinston, NC in order to
conduct a jurisdictional wetland and stream delineation on October-28, 2010. The delineation
was conducted according to. current federal and state criteria and is necessary to ide . ntify.those
features that may be subject to Section 404 regulations under the Clean Water Act. The subject
property is approximately 20sacres in, size based on information provided by the client and
borders. U.S_ Highway 70. An, existing sewer line easernent traverses the entire property along..
its westernmosf boundary.
The results of the evaluation indicate that the previously identified stream channel is the only
feature occurring onsite that is subject to Section 404 Jurisdiction.. No wetlands were identified
inside the property boundaries, The majority of the property is vegetated with a mixed
pine/hardwood community consisting of species such as loblolly pine; red maple, sweetgum,
water oak, laurel, oak; Chinese privet, muscadine grape,'and green. cat-briar; Soils within the
interior of the property:were assessed and found to be ndn-hydric (Munsell color 10YR 4/3 and
IbYR 5/4). -
The stream channel that occurs along the, western property boundary is a perennial channel
(DWQ score of 33.5). ESI delineated the easternmost top 'of bank :of this, stream channel and
the flagged line is depicted on the attached: field sketch along with' the flag numbers. All
applicable data forms are also included with thissubrnittal. This stream is a. direct tributary to
the Neuse River-and is subject to ai 50-foot riparian buffer per the Neuse River Basin Buffer
Rules.. Certain activities inside this 50-foot buffer are regulated or restricted altogether.
Unavoidable impacts to the stream channel. will require prior approval from 'the U.S Army Corps
of Engineers (USACE)_.and the N.C. Division of Water. Quality (NCpW- Buffer impacts will
.also require coordination with NCDWQ unless the activity is determined to be exempt.
Please contact me if you. have any questions about the ;results of this jurisdictional evaluation..
Thank you for allowing ESI to assislyou.
Sincerely,
ENVIRONMENTAL SERVICES, INC.
Jeff Harbour,. PWS
Asst. Vice President
FLORIDA GEORGIA . NORIHC.AROL[NA
SOUTH CA.F.01S14A - MAMAND OHiO'
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NC DWO Stream 7rientifi rntinn Fnrm VPrcinn d 11
Dale:
a rJ
14crfecry S,
Project/Site,
Latitude:
Evaluator:
County: _
Lo.ngitude:?_ _
Total Points; -- -- " ---
Stream is at least intemidtent
if >_ 19 or perennial if z 30" r Stream Deteminafion -clr cl
( rte}
Ephemeral. Intermittent erennia - "
Other
e :g. Quad Name;
A.: Geomo holo (Subtotal =??-) Absent Weak Moderate Strong
la Continuity of channel bed and bank 0 2 g
2. Sinuos4 of channel along thalwag 0 1 . 2 3'
3: 1n-channel structure; ex- rife-pool, step-pool,
ri le ool sequence
p
?
2
3
4. Particle size of stream substrate 0 1 2 3
5. Active/relict fl oodplain. 0 1 2 3
5. Depositional liars or benches 0 1 2 3
7. Recent alluvial deposits 0 1 2 3
& Headcuts 0 1 2, 3
9.. Grade control D - 1 1.5
10- Natural valley 0 0,5 1 1.5
111. Second or greater order channel No = 0 Ye = 3
a i c es are not rate-d: see disassions in manual:
B. Hvriminov 7Suhfnfal = . q 1
12. Presence of Baseflow 0 1 2 3
13. Iron oxidizing bacteria 0 1 2 3
14. Leaf litter 1.5 0.5 0 '
15. Sediment on plants of debris 0 1 1 S'
16..Organic :debris lines orpiles 0. 0.5 1... 1.5
17. Soil-based evidence of high water table? NO = 0' Y = 3

18. Fibrous roots in streambed 3 2 1 0
19, Rooted upland plants in streambed 3 2 1 ° 0
20. Macrobenthos (note diyershyand abundance) D 1 2 3
V
21. Aquatic Mollusks 0 1 2 3

22 Fish

0

0.5

1 1.5
23= Crayfish D 05 1 1:5
24, Amphibians 0 0.5 1
1.5
25. Algae 0 0.5.
26. Wetland plants in streambed FAC4V - 0-75; OBL = 1.5 . Other = 0
`perennial streams may also be identified using other methods, See 0.35 of manual..
Notes.
;s' QT e . 'a G r,
to it q e. n 4-re 4d
Sketch: a
USAGE AIDS DWQ # Site# (indicate on attached map)
STREAM QUALIM ASSESSMENT WORKSHEET
Provide the following information for the stream reach 6iider assessment::
11 Appli cant's name: 1 Evaluator'sname- Je FF urr E_=
-
-1Date of evaluation.: Dlo bkDl o - 4r Time of evaluationb (41°
S. Name ofstream: LIST "'TO' ` -k?USC Pi JtA 6, River basin:: ! UeluSe
7, Approximate drainage area: 8. Strearn order;
9, Length of teach evaluated: I(1_ Courtly:
11:. Sile coordinates (ifknoFVnj: prefer Mecimal degrees. 12, Subdivision name (if any):
utitude (ex, 34.872312); ?! o?lp (O[ Lon nude (cx. 77 5566.11)_ ( 7a. 1.37:
Merhod location determined (circle): Gk oPo $h t rtho (Aerial) PhoiolGIS t7.therGIS Other
13. Locatioh of reach under ei aluation (note nearby roads ar attach map identifying siream(s),location):
1A:&posedchannelwork, fany)_`
tr _ .. _..
13. Recent.weather conditions: -riim'l t. 1?1 L) `f i n fzt t+ ? 1J .1. : j / X r-5
I6. Site, conditions ai time of visit: Ot 4 etv : ?,'a t rA, ri
i"
_ -TT V--
17. Identify any.special waterway classifications known; . 'Section 10 Tidal Waters Essential Fisheries Habitat
-Trout Waters .._OutstandingResourceWaters -NutrientSensit' e.Waters Water Supply Water shed (1-IV)
M Is Is there a pond or lake)ocated upstream of the evaluation point? YES N0 jes, estimate the water surface area .
19- Does channel appear on USGS quad map? YES . NO 20: ISoes. channel appear on USDA Soil Suwey YES NO
21. Estimated watershed Land use.: K Residential 04 Cori?mercial_ 1:? °!o Industrial Agriculhirat
. sted _% Cleared / Logged .T,0theY %o Foie ( )'
22. Bankfull width: i7 21 Bank height (from bed to top of bank): y
24. Channel slope down centerofstream: -Flat (0 to 2%) _Gentle (2 to 4%). _1446derate (4 io Imx.) -Steep (?10%D)
25. Channel sinuosity. Straight '____O_.casiortal bend: -Frequent meander Very sinuous. Braided channel.
Instructions for .completion of Worksheet"(located' on page Z).' Beg l .by determining the "most appropriate ecoregion.based on
location, terrain, vegetation; stream. classification etc. Every characteristic. must be score-d using the same ecoiagion: Assign points.
ta each chkieteristic within the range shown for the ecoregfon: Page 3 provides a brief description of how to review the
characteristics identified in the worksheet; . $cores should reflect an overall as of the stream teach under evaluation. If a
characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring.box and provide. an explanation inahe
comment section. Where there are obvious changes in the character of a stream under review (e.g.; the stream flows from a pasture
into a forest), the stream -may lie divided into smaller teaches that display more continuity, and a separate form, used to evaluate each
reach.. The iota] score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the,
highest quality.
Total Score (f om reverse). 1_/L/ Com entsr-5.. d 'i 5y
.
Evaluators Signature- 'VIC
Date
This-channel eval ti on is intended to be used only Asa guide to assist Inf1dOr'riers=In em uonmental professionals in
gathering the dal re fired by. the United States Army Corps:of Engineets to make a preliminary; assessment of stream
quality. The total ..re resulting from the completion of this form. is subject to USACE E-approval and does not iinply_a
particular mitigation ratio or requirement. Form subject to change = version 06/03 To Comment; please call 919-876-8441 x 26.
1
STREAM QUALITY ASSESSMENT WORKSHEET
2

APPROVED: JURISDICTIONAL DETERMINATION FORM
U.S. Army. Corps of Engineers
This form should be tornpleted by following.the instructions provided in Section W of the ID Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A• REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B'. IJISTPiCT OFFICE, FILE NAh4E; AND NUM$ER::
C. 'PROJECT LOCATION AND 13ACKGROUND INFORMATION:
State: NC Counry/parish/borough: Lenoir City: Kinston
Center coordinates of site (lat/long in degree decimal format): Lat. 35.2660 N, Long:-77.639` -.
Universal Transverse Mercator:
Name of nearest tiaterbody: Nl euse River
Name"ofnearest Traditional Navigablq Watcr(TNW)•Into which the aquatic resourcc flows: NeuseRiver'
Name of watershed or Hydrologic Unit Code (HUC):: 03(120203
Check.if map/dragrain ofrevieiv area w)d/or potential jurisdictional areas is.rare- available. upon request
.Check if oilier siies(e.-g bffsiie rniugation sites, disposal sitcR ctc....) are associated with this actidn.and am recorded;on a
different ID form,
D: REVIEVI' PERFORATED FOR SITE EVALUATION (CHECK ALL J I AT''APPLY):
016ce (Desk) Detei=ation_..Date7
Q Field Deterrriinatiom Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF.JURISDICTI;ON..
There h i'5t -navigpb/e ti,?prers-of rite U,S"within Rimers. andHarbors, Act.(MA) jun`.sdictiori is defined by 33 CFR part 324)in the
ietaew area. (Requited]
Watcrs subject to the ebb and. floe of the fide-
Water$.arepresently used, or have been used in the past, or may be Susceptible for _use to transport irterstate or- foreign commerce;
Explain:
13: CWA SECTION 404 DETERNII. NATION OF JURISDICTION:
There ®rp -kwaters of die U.S. within Clean Water Aet (CWA) jurisdiction (as defined by 33 CFRpars 328) in the rcviezs area [lteguiredJ
waters of the U.S_
a. Indicate presence of waters of U.S, in revinv.area (check all that appl}):
zws, including territorial sea,5 pp.
'etJands adjacent to TNWs
Relativel)'perrnanent waters' (PPWs) tS.at:flow directly or indirectly.into TN Ws
Non-"Ws thAt flow directly or indirectly into J`N Ws
_ Wetlands directlyabuitlJig"Wsihatflowdirecdyor.indirecdyintoTN'Ws
Wetlands adjacent tot. not directly abutting RPWs that flow directly or indirectl ? into T1\ 's
Wetlands adjacentio non-RP Ws that flou< directly or indirectly into TNWs
'Impoundrriehtsofjurisdietiow..Waters
Isolated (interstate or• intrastate) waters, including isalalyd N etlands
b, Identify (estimate) siie of waters of the U.S. in the review area.-
Non-wetland -aters: 2,500 linear feet: width (ft) and/or acres:.
Wetlands- acres.
?<y=
c Limits;(houndarles) of jurisdictionlja5ed on; rublt'shed;??Qt?
Elevation of established OF(WM (if known):
Z: Non-regulated waters/wetland`s (cheek ifapplicable)3
Q Potentially jurisdictional waters and!or wetlands were assessed within the reiieiv area and detcnniged Lobe not jurisdictional;
Explain:
i Boxes ibecked bel01.A1 shall be supported by aompieting7lic approprialcsectIons in Scc4on III below;
for purposes ofthis form, an RP'W is defined as a tdbutaty that is not a 71N) •! and that fypieaDy:flows year-round or has continuoLS 91ow 3(Iest"`seasonally%'
Ic &,, typically 3 months).
t Svl>orting documentation is presented in Section 111-F.
SECTION III: CWA ANALYSIS
A. TN}pr's AND WETLANDS ADJACENT TO. TNWs
The agencies will assert jurisdiction over TNNNis and wediinds adjacent (aTNWs, 1f the aquatic resource is a TNW, complete .
Section IILA.i and Section 1II,D I. only; if the aquaticresource is a wetland adjacent to a TN\'r', corrtpletcSectionsIILA:I and Z
- -- - -
- -- -
'and Section III I D.I.; ofhenYise, seeSecfion IILB below.
I: TNW
Identify TN W:
Su_mmarizcr2tionaJesuppoitingdefemiin8tion[
2. VYetlaodadjaccntto TNW
Summarize rationale supporting conclusion that wti,etiand is "adjacent
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TN\Y),4iN'D ITS ADJACEN't NETLANDS (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 R . apanas have been met.
The agencies will assert jurisdiction over nao-navigable tributaries of TNWs where the tributaries are. "relatively permanent
waters" (APR's), Le, tributaries that typically now year-round or have continuous floc: at least seasonally (C-g, typically 3
months). A wetland that directly abuts an R.PAV is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section IILA,L If the aquaticresource is a wetland directly abutting a tributary With perennial flow,
skip to Section III.D.4,
A.wetfand that is adjacent to but that does not directly abut an RPW requires a significant ncxus,eval'uatiob. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus lietween a
relatively pi manenttributarythatis not perennial (and its adjacent Wetlands if any) and a traditional navigable water, even.
though a significant nexus finding is not required As amatter of law.
Iftbe waterbodv4 is not an RPW, or a wetland directly abutting an RPV1', a JD will require additional data to determine if the
waterbodv has a significant nexus with a TNW. If the tributaryhas adjacent wetlands, the signficant nexus evaluation must
consider thetributaryin combination Aith allof its adjacent wetlands. This signiiicantnexus evaluation that combines, for
analytical purposes; the tributary and all of its adjacent wethrids.is used whether the review-area identified in the.M request is
the tributary, or its. adjacent wetlands, or both. TFthe JD covers a tributary with adjacent' Wetlands, complete Section III.B.1.for
the tributary, Section III.B.2fotr any onsite wetlands, snd Section 111.13.9 for all wetlands adjncentto that- ributary, both onsite
and'offsite. The determination. whether a significant nexus exists is determined in Section111-C below.
I. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i). General Area Conditions:
.Watershed size: {PI?c?Iist
Drain agearea. (1?jek?l~3st
Averageannual rainfall; inches
Average annual snotafail:: inches
(ii) Physical Characteristics?
.(a) Relationshio :.with TNW_
? Tributary flows directly into TNW,
Tributary flows through Pick isf tributaries before entering TNW.
Projec[ waters of e Vrc!T -;List river miles from TNW.
Project waters are ac ,isEn . T miles froin RPW..
Projectwaterc are [W -3st.aerial (st7ai,6Q miles from TNW.
Project waters are >'rcjt?itsi^ r.
t atrial ($haighl): miles from RP1't
Project waters cross or serve as.staio boundaries. Explain;
lderttify flow route to TNW';.
Tributary dream order, if known:
Note that the Instructional Guidebook contains additional infotination regarding s++'alcs, ditches, washes, end erosional featuics generally and in the arid
W tst:
Flow route can be described by ide itifyjng, e:g.,,tributarv'a, which 96 s through lherevicw ar+n; is t)ow into .tribulaq%b, i+4tich Ihut flows ruin Tf\VJ.
(b). General Tributary Characteristics (check all-that apply)'
Tributary.is: ?Natural
? Artificial (man-made). Explain;
?.manipulated (man-altered), Explain.
Tributary properties with respect to top ofbank {eslirimate):
Average width; `feet
Average depth: feet
Average side slopes: P-
1-Primary tributary substrate composition (check all that apply):-
silts ? Sands ? Goncrclc
?. Cobbles ? Gravel ? Muck
? Bcdrock ? Vegetation. 73ypc/% cover
Other,' xplain:
Tributary condition/stability [eZ., highly eroding, sloughing banks]. Explain
Preaence. ofrun/riffle/pool complexes;, aphlin:
Tnbutary9eomctry.
ist
Tributarygradient(approximate average slope): °oy
(c) Flow:.
Tnb0tary ptorides fpr ¢'it:k.L
Estimate average number of flow events m review atea'year ?cl?? isE
Describe flow. regime:
Other information on duration and. volume:
Surface flaw is: te.!R.' Characteristics:
Subsurfaceflotvf: EYplafn findings:
? Dye (or other) test perfo
Tributary. has (check- all that apply)
L] Bed and banks
? 014WM° (check all indicators that apply):
?.. clear, 'natural line impressed on:thd bank: ? the prescllca, of litter and debris:-
? changes in the character of soil ? destrucLion of terrestrial vegetation
Ej . shelving ? the presence of ttTack line
? vegetation matted dowm, bent, or abse_nt_ ? sediment carting
? leaf litter disturbed of washed away ? scour
? scdirnent detiosition ? multiple observed or predicted.flow events
? waterstaining ? abrupt change in plant community .
? other (list):
Disconriatious OHWM.7 J apTain:
if Factors other than the Oii11rM we;e:used to determine lateral extent pf _.JUT isdidiori (check all that apply);
Q High Tide Uie indicated by, [ Mean High yVater'Mark indicated, bye
? oil or scum line-alongshore objects ? sum,ey to available datum;
L] fine shrill or debris deposits (foreshore ? physical markings;
? physical markings'characteristics ? vegetatiori lines'changes in iegetation types,
? tidal gauges.
? other (list):
(iii). ChtmicafChaFacteristics:
Characterize tribu(arywater color is clew discolored; oily film; water quality; general watershed characteristics, etc.),
Explain:
Idintif"spe6flcp611utants, if known__ .
`A nelural Orman-mad[ discontinuilyin the OHWM'does not necessaril y sevcrjuris6ctiort {'e g., where the strcamlcinpoiai.ily flows underground, or ?Aliere
tlic OHWM lr,-,s been remcnrd by dcvclop'.mcrit or agiicultia] ptactioc ). Where (hie is a break in the 014WM that is unrelated td the:watcrbody'S flow
regime (e.k.; flow over a rock outcrop or through a culvert), the agcncirz will look.for indicaiors ofllow above and before the breal .
'Ibid.
(iv) Biological Characteristics. Chan nel supports (check all, that apply):.
? Riparian corridor, Chamctc»stics (type, average width):.
?, Wetland fringe, Characteristics:
? Habitat for:
? Federally ljsted.species. Explairi findings:
? Fislvspawn areas. Explain findings:
Other environmental))'-sensirijve species. Explain Findings-
Aqua tic`wildlife diversity. Explain findings; -- - -
2. Characteristics of-wetlands adiheentto don-TNIA'that flow.directly or indirectly into TNW
(i) )Physical Characteristics:.,
(a) General Weiland Characteristics:
Properties:
Wetland size: acres
Wetland type:. Explain:
Wetland, quality. Explain:
Project wetlands cross or serve as stale boundaries Explain:
(b) General Flow Reladonshio with Non-TNW:
Flow is, ta!,* ist. Explain:
Surface. Bow is:cT'Ttifst
Characteristics:
Subsurface flow: P'iF UCnI: Explain Findings-,
Dye (or other) testperfbTmed
(c) Weiland Adiacericy Determination with Noh-TNW::
? Directly abutting
? Not directly abutting
? Discrete wetland hydrologic connection: Explain`
? Ecological connection, Explain; .
? Separated by berrii/barrier Explain;
(d) Proximity (Relationshia) to 7NW
Project wetlands are . tek nYer miles from TN W.
Project waters are itW.t -acnal (straight) miles from 'I NW.
Flow is from: maist,
Estimate approximate location of wetland as -within the fTcZj§1 tloodplain.
(ii) ChernicaI 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
(jii) Siologjcal Characteristics., Wetland supports (check all 'that apply):
? Jiiparianbuffer. Characteristics (hpe; average width):
? Vegetation type.'pcrcent_coveri Explain;
? Habitat for:
Federally Listed species- Expn ain findings:
?Fish/spa-wri areasL.Explain findings;
?, Other.environmentally-sensiti\'e 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.cumulatiye analysis MCU
Approximately l ) acres in total are being.considered in the cumulati+ e analysis:.
For each Weiland, specify the foll-awing.
Directly abuts? (YIN' Size (in acres' Directly abuts? (YIN) Size fin acres)
Sumrriarizeoverall.bio]obrzcal, chem'ii=al and physical functions being performed.
C, SIGNIFICANT NEXUS DETEIRMINATION
A significant nex-us analysis will assess the flow characteristics and functions ofthe tributary itself and the functions performed
by,any wetlands adjacent to the tributary to determine if they significantly affect-the chemical, pbysical; and biological integrity
of a TN W..For each of the following situations, a significant nexus exists if the tributary, ip.combination with all of its adjacent
wetlands; has more than a speculative or !us ubstantfal.effect on the cbemlcaI pbysical an d/or.bfologi.cal integrity of a TN W.
Considerations when evaluating siggifieant.nexus include; but are not Iiniitedto the, volum(; die ation; and. frequency of the flow
of water, in the tributary and its proximity to a.TNIrv, and Lhe.funetfons:performed by the tributary and all its adjacent
iveflands. It is notappropriate to determine significant nexus. based solely on any, specific threshold of distance (e.g. between a .
tributary and its adjacent wetland or betatecna tributaryand the TN'V). Sim3arly, the fact an adjacent wetland lies within or
outside:of a flbodplain is notsolely`.determinative ofsignificant nexus,
Draft` connections between the features documented and the effects on the TN)V, as i&ntified in the Rapanos-Guidance and
discussed in the Instructional Guidebook: Factors: to consider include, for example:.:
Does the tribuiary, in combination with its adjacent wetlands (ifany); have the capacity to carry pollutants or floDd.N'aters to.
TN Ws, or to reduce theamount of pol lu tants or flood waters reaching.a TN IV?.
* Does the tributary; in combination with its adjacent wetlands (if any), provide habitatand lifecyclesupport functions for. fish and
ofhir species, such as feeding, nesting, spav+ning, or rearing young. for species that are present in the TN W?
Docs thetributary, in combination with, its adjacentwetlands (if any), have the caparrty to transfer ndtriehtS and organic c@rbon that
support downstream foodwebs?
Does the tnbutar)i, in combinaticirwith its adjacent wetlands (ifany), have otherrelaiionships. to the physical, chemical, or
biological integrity oftheTNW?`
Note: the above list afconsWrations N not inclusive-and other functions observed or known. to occur should be documented
below:..
2. Significant nexus fndingsfor non-RPW that. hai no adjacent wetlands and flows directly or.indir"y.into TNWs..a lain
findings ofpresence or absence ofsignificant oexusbelow_ based on the tributary irself,lhen go Lo Section IILD;
2. Significant nexus findings for non-RPNY.and its adjacent wetlands: where the non-RPW flows directly or indirectfyinto
TM, Explain findings of presence or absence ofsignificant nexus below; based on. the tributary.in combination with all ofits
adjacent wetlands, then go to Section IILDc
3. Significant nexus findings for wetfands adjacent to'an RPW but that do not directly abat the RM. Explain findfrigs of
presence or.absenee of bignifiuant nexus below; based on the tribumry in cambirialion with all of its.aaiacent -wetlands, them go to
Section 1LI.D:.
D. DETERAlliCATIONS.OFJUR151aICTIONAGFINDINGS. TIiESUBJECT Vi'ATERS/t'1'ETLATTI1S ARE (CEiECKALL
THAT APPLY):
1. TN vVs and Adjacent Wetlands_ Check all that apply and provide size estimates inTCVfew area:
[Q.TNWs: linear feet width (ft), Oi; acres.
ff]' Wetlands adjacent to TNWs: '.acres:
.2. RPNVs that flow directly or indirectly into.TNWs.
W .Tributaries of TN'Ws adhere tributaries typically flow year-found rare jurisdictiodal- Provide data and rationale indicatingthal
tributary is pe;cranial: Strong ONW L, heavy flow,.NCDVt!Q_Streain ]D score of 33:5.
Tributaries of TN?1i where tributaries have. continuous flow "seasonally" (e.g., typically three months each-year) are
jurisdictional. Data supporting this conclusion is. provided at Section I1l.B'_ Provide rationale indicating that tributary floes
season311y
Provide estimates for jurisdictional, waters in the review area (check aI1171101 apply)::
Q Tributary waters: linearfeet width (ftj.
p, OtFiernon-wetland v atersi acres,
identify type(s) of waters:
3. Nan-RPWs$ that flow directly or indirectly into TNWs._
Q Waterbody that is not a TNW or an RP W, 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 atSc6tion III.C;
Provide estimates forjurisdictional waters within the revietv area (check all that apply).
Q Tributary waters: linear feet width (ft).
p Other non-wetland watcrs_ acres,.
Identify type(s) of waters:
4. Wetlands directly sbutttngan RPAIthat flow, directly or indirectly Into TNWs:
Q Wetlands directiy.abut RPW and thus are jurisdictional as adjaoenfwetlands-
p Wedands dirt cdyabutting an RPR? where tnbutaries 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 RP W:
SVedands directly abutting an RP Ri where tributaries typically flow "seasonally'." Provide data indicating that tributary is
seasonal in Section II1.B and rationale m.Section III.M, abo%c. Provide rationale indicating (fat wetland a directly
abutting an RP W:
Prof idc acreage esritnatcs for jurisdictioral wetlands in the review arm acres.
S'.' V1'etlatidsadjacent to but not dirertly.abutting an KPW that flow directly or indirectly` into TN1§'s:
Q Wetlands that-do not directly abut an.RP W, but when considered in combination, with the tributary to which they areadjacent
and with similarly situated adjacent: Wei lands, have. a significant nexus with a TNW are:jurisidictionaL Data supporting this
conclusion is provided at Section lll.C,
Provide acreage estimates for ju>sdic6onal wetlands in thercxi",arca:. acres-
6., Wetlands adjacent to non-RPWs that flow directly or indirectly into TN.Ws.
Q Wetlands adjacent to such i'watem, and have :when considered in combination with.rhe tributsry to which they arc adjeceni and
with sirnilarlysituated adjacent wetlands, havea significant nexus with aTNW are. jurisdictional. Data.supporting this
.-Conclusion is provided at Section III.C.
Provide estimates for ju -isdictionalwetlands in the review area: acres;
7. Impoundments of jurisdictional Paters
Asa general Tulc, theitnpoundni=i of a jurisdictional tributary remains jurisdictionaL
P' Demonstrate that impoundment Nvas created .fromm'., waters of the U: S.." or
Den onstrate that water meets thc.criteria for one of the categories presented above (I .6), or
Demonstrate that water is isolated with a nexus To commerce (see E below).
E. ISOLATED IINTi?RSTriTE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR. DESTRUCTION OF'A HICK COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):"
which are or could be used by interstate or foreign travelers forrecreational or other purposes,
from which fish or shellfish, are or could betaken and sold in interstate or foreign commerce.
which are or could be-used for indusfrial purposes by;indusHes in interstate commerce.
Interstate, isolated waters. Explain:
Other factors, Explain:
Identify water body and suibmarizerationale supporting determination:..
r5ee Footnote # 3;
To complete the analysis refer la the key in Section II I,D.S of the Instructional Guidebook,
6 Prior to,ssserting or declining C)VA jurisdiction based aotc]y' on this category, Corps Districts tYitl .elevate the setion to Corps _and EPA HQ for
review consistent with the process described in the Corps/EPA Afemorandum-Ryarding CIM Act Jurisdiction Following Rnpprios.
Provide:estimates for jurisdictional ,katers in the review area (check all that apply)-
Tributary waters; linear feet width (ft).
Other non-wetland waters: acres..
fdcnti fy type(s)' of waters:
Wetlands: acres:
F. NON-IURISfd1CTJON.4L 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 19fi7 Carps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements;
Q Revim area included isolated waters with 'no substantial nexus to interstate (or to)reigri). commerce
E: Prior to the J0. ?001. Supreme Court decision in "SI TEMCC," the review area would have been regulated based jolly on the
'`.h1igratoT3 Bird. Rufr" (MBR)
Writers do aorrneet the ".Significant Nexus" standard, where much a f inding is:required forjurisdiction. Explain:
[{ Other. (explain, if not covered above):.
Prot de acrgage estimates for nori jurisdictional waters in the review area, where the sole potential basis jurisdiction is the MBR
factors (i.e;, presence of-migratory birds, presence of endangered species,. use ofivater for ip*ted agriculture), using' best
ptofessiona]
judgment (check all that apply);
Non-wetland waters (i.e, niv? rs, streams). lineal feet 1. width (ft),
Lakes/ponds:- acres:.
Other non:wetland waters: aC7res, Us[ type ofaqualk resource'.
Wetlands: acres.
Provide-acreage esdrnaies for non-jurisdictional waters in the review area that do not meet the,"Significant Nckus standard where such
a iindina i
is required fnr junsdrefion (cfieck all that apply )
Non Wetland tvaers (r e,.:rivers, streams): Tinear feet, width (ft)-
LakeS/ponds- acres
p Orberpon-wedand waters acres: List type of aquatic resource::
W& lands; acres.
SECTION IV: DATA SOURCES:
S UPFOI2TING DATA. Data reviewed for JD (check all that apply-_ checi-ed'items shall }re included in;case.f le and, wltete checked
apd'requested, appropriately reference sources below)
Maps, plans, plots of plat submitted by or on.bchalFof the applicant/eortsullalit.
Data sheers preparedhubmitted.by or on btbalf of the applicant/consultant.
Office concurs with. data_sheeWdclirreati.on report:
(] Office does trot concur with data she-ets/delineation report.
d: Data shects prepared by the Corps-,
Corps navigable waters' study;
U.S Geological Survey Hydrologic Atlas:
E] USGS NHD-data..
0 USGS I and 12 digit HUCmaps,
U.S_ Geological Survey map(s)-:Cite scale & quad name:
USDA Natural Rcsou.Fces Conservati m Service Soil Survey, Citation:::
National wetlandt inventory rap(s), Cite name::
p Stam/Local wetland nvenlory map(s):
FEMA/FIRM maps:
100-year Floodplain Elevation is; (National'G.eWectic Vertical Datum of 1929)
?- Photographs: ? Aerial (Name & Date):2010 Gaggle Earth aerial,
or ? Other (Name cti Date):
Pre.vious determination(s). File no. and date ofTespbnse letter.
ApplicOWsupporting case law:.
4pplicable+Auppo.rtinig seientificliterature:
Other informaiibn (please specie}`):
13. ADDITIONAL COM.? IENTS TO SUPPORTJJ)-.
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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
October 12, 2010
Jason Grizzard
GeoTechnologies, Inc.
3200 Wellington Court, Suite 108
Raleigh, NC 27615
Re: Abby Gardens Housing Project (GeoTechnologies Project No- 1-10-0520-EA)
Dear Mr. Grizzard:
This letter is to inform you that a list of all federally-protected endangered and threatened species
with known occurrences in North Carolina is now available on the U.S. Fish and Wildlife
Service's (Service) web page at http://www.fws.gov/raleigh. Therefore, if you have projects that
occur within the Raleigh Field Office's area of responsibility (see attached county list), you no
longer need to contact the Raleigh Field Office for a list of federally-protected species.
Our web page contains d complete and frequently updated list of all endangered and threatened
species protected by the provisions of the Endangered Species Act of 1973, as amended (16
U.S.C. 1531 et seq.)(Act), and a list of federal species of concerns that are known to occur in
each county in North Carolina.
Section 7 of the Act requires that all federal agencies (or their designated non-federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally-listed endangered or threatened species. A biological assessment or evaluation may be
prepared to fi,lfili_ that requireinen..t and in d0erm;n.ing, avhf0er additional consultation with the
Service is necessary. In addition to the federally-protected species list, information on the
species' life histories and habitats and information on completing a biological assessment or
evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the
web site often for updated information or changes.
The term "federal species of concern" refers to those species which the Service believes might be in need of
concentrated conservation actions. Federal species of concern receive no legal protection and their designation does
not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened
species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to
federal species of concern.
Y .I
If your project contains suitable habitat for any of the federally-Iisted species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
the species'-presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally-protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement'is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.
With regard to the above-referenced project, we offer the following remarks. Our comments are
submitted pursuant to, and in accordance with, provisions of the Endangered Species Act.
Based on the information provided and other information available, it appears that the proposed
action is not likely to adversely affect any federally-listed endangered or threatened species, their
formally designated critical habitat, or species currently proposed for listing under the Act at
these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for
your project. Please remember that obligations under section 7 consultation must be
reconsidered if. (1) new information reveals impacts of this identified action that may affect
listed species or critical habitat in a manner not previously considered; (2) this action is
subsequently modified in a manner that was not considered in this review; or, (3) a new species
is listed or critical habitat determined that may be affected by the identified action.
However, the Service is concerned about the potential impacts the proposed action might have
on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we
recommend that all practicable measures be taken to avoid adverse impacts to aquatic species,
including implementing directional boring methods and stringent sediment and erosion control
measures. An erosion and sedimentation control plan should be submitted to and approved by
the North Carolina Division of Land Resources, Land Quality Section prior to construction.
Erosion and sedimentation controls should be installed and maintained between the construction
site and any nearby down-gradient surface waters. In addition, we recommend maintaining
natural, vegetated buffers on all streams and creeks adjacent to the project site.
The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a
copy can be found on our website at (http://www.fws.gov/raleigh) to address and mitigate
secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality.
We recommend that you consider this document in the development of your projects and in
completing an initiation package for consultation (if necessary).
2

We hope you find our web page useful and informative and that following the process described
above will reduce the time required, and eliminate the need, for general correspondence for
species' lists. If you have any questions or comments, please contact Mark Bowers of this office
at [phone] ext. 19.
Sincerely,
Pete Benjamin
Field Supervisor
1 . , .
List of Counties in the Service's Raleigh Field Office Area of Responsibility
Alamance
Beaufort
Bertie
Bladen
Brunswick
Camden
Carteret
Caswell
Chatham
Chowan
Columbus
Craven
Cumberland
Currituck
Dare
Duplin
Durham
Edgecombe
Franklin
Gates
Granville
Greene
Guilford
Halifax
Harnett
Hertford
Hoke
Hyde
Johnston
Jones
Lee
Lenoir
Martin
Montgomery
Moore
Nash
New Hanover
Northampton
Onslow
Orange
Pamlico
Pasquotank
Pender
Perquimans
Person
Pitt
Randolph
Richmond
Robeson
Rockingham
Sampson
Scotland
Tyrrell
Vance
Wake
Warren
Washington
Wayne
Wilson
4
Y f L
KNOWN UNIQUE NATURAL FEATURE/AREA CERTIFICATION
Project Name: A r i c ?5 -
Proposed No. of Units: 48
Address: L&np
C
Closest street intersection or landmark: M.t- Dr i nal I -a"
Known unique natural areas or features that may 0 may not 0 be affected by this
project. Effects to the known. unique features/areas are potentially beneficial F1 adverse
Known unique natural areas or features that may be affected by the project are:
ram
Additional Comments/Conditions/Concems
?,? 3g, 2A io ?.
D to (Offi als Signature)
?r(Officials Name - Print or Type)
(Official's Title)
?J,C,D!tt C-n??on?*? a Nti?vr?( .otrur
(Department Name)
Note: Copying official letterhead onto this certification is encouraged.
• •
Topo Map Record Search Results Page I of I
TOPOGRAPHIC MAP RECORD SEARCH RESULTS
n ction Status] Name] [Any State
Search Criteria: [Topo Map Name is like'falling creek] [Any ScientificName]
Rank] [Any Global Rank] [Any Name Category] [AY Prote
Records Returned: [Vertebrate Animal: 11 [Total: 1] -
-- - _ - = TOpo
Name State Federal State Global TopO Map
Category Scientific Name Common Name Status Status Rank Rank Map Status
G4 Falling Current
Vertebrate Lanius ludovicianus Loggerhead Shrike SC S3B,S3N Creek
Animal.
Explanation of codes NC Topographic Map Index
Results current as of Thursday, 11 November 2010 @ 09:18:30 EST
NORTH CAROLINA NATURAL HERITAGE PROGRAM
DIVISION OF NATURAL RESOURCES PLANNING AND CONSERVATION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
1601 MSC
RALEIGH NC 27699-1601
http://nhpweb.eDr.state.nc.us/searchlfindTopo.php?mapsheetSearch=falling+creek&sciNa_.. 11/11/2010
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HWUMY
05,
Buildings & Grounds, Business Office, Electric, Engineering, Environmental Services, a
Fleet Maintenance, Meter Reading, Stormwater, Streets, Wastewater, and Water 7.009
Kinston, the rio ht place- Kinston Public Senfices, the rioolit choice.
August 15, 2011
Mr. Roberto Scheller
Surface Water Protection Unit
NCDENR-Division of Water Quality
943 Washington Square Mall
Washington, North Carolina 27889
RE: Abbey Gardens Residential Development
Dear Mr. Scheller;
I am. writing to inform you site development plans for the above project have been submitted to the City
of Kinston for review, including review of stortnwater impacts and proposed improvements to address
runoff and nitrogen control in accordance with the City of Kinston Stormwater Program for Nitrogen
Control. I have completed a preliminary review and requested additional information from the project
designers.
If you have any questions or I can be of assistance, you can reach me at [phone].
Sincerely,
Stephen W. Miller, P.E.
Water Resources Manager
cc: Amanda Engesether, Director of Planning
Post Office Box 339 Kinston, North Carolina 28502 Phone [phone]
Fax [phone]