20120285_Other Agency Comments_20100520

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the inshuctlons provided in Sectlon IV of the JD Form Inshuctlonal Guidebook.
SECTIONI:BACKGROUNDINFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:Gaston EasLWest Connector, NCTA
C. PROJECT LOCATION AND BACKGROUND INFORMATION: RPWs with Seasonal Flow: SheamAA. RPWs with Perennial
Flow: Sheam AF, AG, AD, GQ, and AC. Wefland AB abuts a previously delineated perennial tdbutary (S313).
State:NC County/pazish/borough: Crd.ston/Meckelnburg (,7ty: Belmont
Center coorclinates of site (lat/long in degree decimal format): Lat. 35.193087° N, Long. -81.031299° W.
Universal Transverse Mercator:
Name of nearest waterbody: Catawba River
Name of nearest Traclitlonal Navigable Water (TN4� lnto which the aquatic resource flows: Catawba River
Name of watershed or Hydrologic Unit Code (HUC): 03 05 01 01 14 06, 030501020605, 03 05 01 01 1 5 01
� Check if map/diagam of review azea and/or potentlal jurisclictlonal azeas is/aze available upon request.
❑ Check if other sites (e.g., offsite mitlgatlon sites, disposal sites, etc...) aze associated with this actlon and aze recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determinatlon. Date:
❑ Field Determinatlon. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are no "navigable waters of the CI.S." within Rivers and Hazbors Act (RHA) jurisdictlon (as defined by 33 CFR pazt 329) in the
review azea. [Reguired]
❑ Waters subject to the ebb and flow of the tlde.
❑ Waters aze presenfly used, or have been used in the past, or may be susceptlble for use to hansport interstate or foreigu commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters of the CI.S." within Clean Water Act (CWA) jurisdictlon (as defined by 33 CFR pazt 328) in the review azea. [Reguired]
1. WatersoPtheU.S.
a. Indicate presence oP waters oP U.S. in review area (check all that apply): 1
❑ TNWs, inclucling territorial seas
❑ Weflands adjacent to TNWs
� Relatively permanent waters� (RPWs) that flow direcfly or indirecfly into TNWs
❑ Non-RPWs that flow clirecfly or indirecfly into TNWs
� Weflands direcfly abuttlng RPWs that flow clirecfly or indirecfly into TNWs
❑ Weflands adjacent to but not clirecfly abuttlng RPWs that flow direcfly or inclirecfly into TNWs
❑ Weflands adjacent to non-RPWs that flow clirecfly or inclirecfly into TNWs
❑ Impoundments ofjurisdictlonal waters
❑ Isolated (interstate or inhastate) waters, including isolated weflands
b. Identify (estimate) size oP waters oP the U.S. in the review area:
Non-wefland waters: 34601inear feet: 2-15width (fr) and/or acres.
Weflands: 1.16 acres.
c. Limits @o�ndaries) oPj�risdiction based on: 1987 Delineation Man�al
Elevatlon of established OHWM (if lmown): .
2. Non-reg�lated waters/weUands (check iPapplicable):'
❑ Potentlally jurisdictlonal waters ancUor weflands were assessed within the review azea and determined to be notjurisclictlonal.
Explain:
� Boxes checked below ahall be aupported by completing the appropriate aecfiona in Secfion III below.
� For purpoaes of ttua form, an RPW ia defined aa a tdbutary thatia not a TNW and thattypically flowa year-round or haa confinuoua flow at leaat "aeaaonall}�'
(e.g., typically 3 montha).
' Supporting documentafion ia preaented in Secfion III.F.

SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert j�risdiction over TNWs and wetlands adjacent to TNWs. IP the aq�atic reso�rce is a TNW, complete
Section III.A1 and Section III.D1. only; iP the aq�atic reso�rce is a wetland adjacent to a TNW, complete Sections III.A1 and 2
and Section III.D1.; otherwise, see Section III.B below.
1. TNW
Idenfify TNW:
Summarize ratlonale supportlng determinatlon:
2. WeUandadjacenttoTNW
Summarize ratlonale supportlng wnclusion that wefland is "adjacenC':
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section s�mmarizes inPormation regarding characteristics oP the trib�tary and its adjacent wetlands, iP any, and it helps
determine whether or not the standards Por j�risdiction established �nder Rapano.r have been meL
The agencies will assert j�risdiction over non-navigable trib�taries oP TNWs where the trib�taries are "relatively permanent
waters" (RPWs), i.e. trib�taries that typically flow year-ro�nd or have contin�o�s Plow at least seasonally (e.g., typically 3
months). A weUand that direcUy ab�ts an RPW is also j�risdictional. IP the aq�atic reso�rce is not a TNW, b�t has year-ro�nd
(perennial) Plow, skip to Section III.D.2. IP the aq�atic reso�rce is a wetland direcUy ab�tting a trib�tary with perennial Plow,
skip to Section III.D.4.
A weUand that is adjacent to b�t that does not direcUy ab�t an RPW req�ires a signiPicant nea�s eval�ation. Corps districts and
EPA regions will incl�de in the record any available inPormation that doc�ments the eaistence oP a signiPicant nea�s between a
relatively permanent trib�tary that is not perennial (and its adjacent weUands iP any) and a traditional navigable water, even
tho�gh a signit5cant nea�s t5nding is not req�ired as a matter oP law.
IP the waterbody° is not an RPW, or a weUand direcUy ab�tting an RPW, a JD will req�ire additional data to determine iP the
waterbody has a signiPicant nea�s with a TNW. IP the trib�tary has adjacent wetlands, the signiPicant nea�s eval�ation m�st
consider the trib�tary in combination with all oP its adjacent weUands. This signit5cant nea�s eval�ation that combines, Por
analytical p�rposes, the trib�tary and all oP its adjacent wetlands is �sed whether the review area identiPied in the JD req�est is
the trib�tary, or its adjacent wetlands, or both. IPthe JD covers a trib�tary with adjacent weUands, complete Section III.B1 Por
the trib�tary, Section III.B.2 Por any onsite weUands, and Section III.B.3 Por all wetlands adjacent to that trib�tary, both onsite
and offsite. The determination whether a signit5cant nea�s eaists is determined in Section III.0 below.
1. Characteristics oP non-TNWs that Plow direcUy or indirecUy into TNW
(i) General Area Conditions:
Watershed size: O.Ssq�are miles
Drainage azea: .03 sq�are miles
Average annual rainfall: 44.80 inches
Average annual snowfall: 5.5 inches
(ii) Physical Characteristics:
(a) Relatlonship with TNW:
❑ Tributary flows direcfly into TNW.
� Tributary flows through 2 tdbutaries before entering TNW.
Project waters aze 1-2 river miles from TNW.
Project waters aze Pick List river miles from RPW.
Project waters aze 1-2 aerial (shaight) miles from TNW.
Project waters aze Pick List aerial (shaight) miles from RPW.
Project waters cross or serve as state boundaries. Eaplain:
Identlfy flow route to TNWs: Sheam AA flows southwest out of the study azea and contlnues west to Lake
Wylie/Catawba River.
° Notethatthe Inatrucfional Guidebook containa adclifional informafion regazding awalea, clitchea, waahea, and eroaional featurea generally and in the arid
Weat.
' F1ow route can be described by identifying e.g., tdbutary a, wlrich flowa through the re�+iew azea, to flow into tdbutary b, wlrich then flowa into TNW.

Tributary sheam order, if lmown:
(b) General Tributary Chazacteristics (check all that annly):
Trib�tary is: � Natural
❑ Artlficial (man-made). Explain: .
� Manipulated (man-altered). Eaplain: Culverted and shaightened to flow below I-485.
Trib�tary propertles with respect to top of bank (estlmate):
Average width: 5 feet
Average depth: 3.5 feet
Average side slopes: 31 .
Primary tdbutary subshate compositlon (check all that apply):
❑ Silts � Sands ❑ Concrete
� Cobbles � Gravel ❑ Muck
❑ Bedrock ❑ Vegetatlon. �pe/% cover:
❑ Other. Explain: .
Tributary conditlon/stability [e.g., highly eroding, sloughing banks]. Explain: Stable, mosfly forested banks.
Presence of mn/riftle/pool complexes. Explain: Weak, low gaclient.
Tributary geomehy: Relatively straight
Tributary gaclient (approximate average slope): 2%
(c) Flow:
Tributary provides for: Seasonal t7ow
Estlmate average number of flow events in review azea/year: 20 (or greater)
Describe flow regime: During wet or average seasons, dry seasons will likely stop flow.
Other informatlon on duratlon and volume: Water depth 3-8 inches.
Surface flow is: Discrete and conPined. Chazacteristics:
Subsurface flow: Yes. Eaplain findings: Wefland AB abuts a previously delineated perennial RPW.
❑ Dye (or other) test performed: .
Tributary has (check all that apply):
� Bed andbanks
❑ OHWM6 (check all indicators that apply):
❑ clear, natural line impressed on the bank �
� changes in the chazacter of soil ❑
❑ shelving �
� vegetatlon matted down, bent, or absent �
� leaf litter disturbed or washed away ❑
� sediment depositlon ❑
❑ water staining ❑
❑ other (list):
❑ Discontlnuous OHWM � Explain: .
the presence of litter and debris
deshuctlon of terrestdal vegetatlon
the presence of wrack line
sediment sortlng
scour
multlple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisclictlon (check all that apply):
❑ High Tide Line inclicated by: ❑ Mean High Water Mazk inclicated by:
❑ oil or scum line along shore objects ❑ survey to available datum;
❑ fine shell or debris deposits (foreshore) ❑ physical markings;
❑ physical markings/chazacteristics ❑ vegetatlon lines/changes in vegetatlon types.
❑ fldal gauges
❑ other (list):
(iii) Chemical Characteristics:
Chazacterize tdbutary (e.g, water color is clear, cliscolored, oily film; water quality; general watershed chazacteristics, etc.).
Eaplain: Clear flow with very litfle sand depositlon.
Identlfy specific pollutants, if lmow�: .
°A natural or mao-made cliaconfinuity in the OHWM does not neceaaarily aeverjuriaclicfion (e.g., wherethe atream temporarily flowa unduground, or where
the OHWM haa been removed by development or agricultural pracficea). 4Vhue there ia a break in the OHWM that ia unrelated to the watubod}� a flow
regime (e.g., flow ovu a rock outcrop or through a culvert), the agenciea will look for inclicatoia of flow above and below the break.
�Ibid.

(iv) Biological Characteristics. Channel s�pports (check all that apply):
� Riparian corridor. Chazacteristics (type, average width): 25-50 feet wide.
❑ Weflandfringe. Chazacteristics: .
� Habitat for:
❑ Federally Listed species. Eaplain finclings: .
❑ Fish/spawn azeas. Explain findings: .
❑ Other environmentally-sensitive species. Eaplain finclings: .
� Aquatic/wildlife diversity. Eaplain finclings: Amphibians, crayfish, wefland plant species.
2. Characteristics oP weUands adjacent to non-TNW that flow directly or indirecUy into TNW
(i) Physical Characteristics:
(a) General Wefland Chazacteristics:
Properfles:
Wefland size: acres
Wefland type. Eaplain: .
Wefland qualiry. Eaplain: .
Project weflands cross or serve as state boundaries. Explain:
(b) General Flow Relatlonship with Non-TNW:
Flow is: Pick Lisk Eaplain: .
Surface flow is: Pick List
Chazacteristics:
Subsurface flow: Pick Lisk Eaplain findings:
❑ Dye (or other) test performed: .
(c) Wefland Adiacency Determinatlon with Non-TNW:
❑ Direcfly abuttlng
❑ Not direcfly abuttlng
❑ Discrete wefland hydrologic connectlon. Eaplain:
❑ Ecological connectlon. Explain: .
❑ Sepazated by berm/barrier. Explain: .
(d) Proximity (Relatlonshirol to TNW
Project weflands aze Pick List river miles from TNW.
Project waters aze Pick List aerial (shaight) miles from TNW.
Flow is from: Pick LisL
Estlmate approximate locatlon of wefland as within the Pick List floodplain.
(ii) Chemical Characteristics:
Chazacterize wefland system (e.g, water color is clear, brown, oil film on surface; water quality; general watershed
chazacteristics; etc.). Explain: .
Identlfy specific pollutants, if lmow�: .
(iii) Biological Characteristics. Wetland s�pports (check all that apply):
❑ Riparian buffer. Chazacteristics (type, average width): .
❑ V egetatlon type/percent cover. Eaplain: .
❑ Habitat for:
❑ Federally Listed species. Eaplain finclings: .
❑ Fish/spawn azeas. Explain findings: .
❑ Other environmentally-sensitive species. Eaplain finclings:
❑ Aquatic/wildlife diversity. Eaplain finclings: .
3. Characteristics oP all weUands adjacent to the trib�tary (iP any)
All wefland(s) being considered in the cumulative analysis: Pick List
Approximately ( ) acres in total aze being considered in the cumulative analysis.

For each wefland, specify the following:
Direcfly abuts7 (Y/N) Size (in acres) Direcfly abuts7 (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functlons being performed: .
C. SIGNIFICANT NEXUS DETERMINATION
A signiPicant nea�s analysis will assess the flow characteristics and P�nctions oP the trib�tary itselP and the Punctions perPormed
by any weUands adjacent to the trib�tary to determine iP they signit5cantly affect the chemical, physical, and biological integrity
oP a TNW. For each oP the Pollowing sit�ations, a signit5cant nea�s eaists iP the trib�tary, in combination with all oP its adjacent
wetlands, has more than a spec�lative or ins�bstantial effect on the chemical, physical and/or biological integrity oP a TNW.
Considerations when eval�ating signit5cant nea�s incl�de, b�t are not limited to the vol�me, d�ration, and Preq�ency oP the Plow
oP water in the trib�tary and its proaimity to a TNW, and the P�nctions perPormed by the trib�tary and all its adjacent
wetlands. It is not appropriate to determine signit5cant nea�s based solely on any specit5c threshold oP distance (e.g. between a
trib�tary and its adjacent wetland or between a trib�tary and the TNW). Similarly, the Pact an adjacent wetland lies within or
o�tside oP a floodplain is not solely determinative oP signit5cant nea�s.
Draw connections between the Peat�res doc�mented and the ePPects on the TNW, as identit5ed in the Rapmaos G�idance and
disc�ssed in the Instr�ctional G�idebook. Factors to consider incl�de, Por eaample:
• Does the tdbutary, in combinatlon with its adjacent weflands (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 TNW7
• Does the tdbutary, in combinatlon with its adjacent weflands (if any), provide habitat and lifecycle support functlons for fish and
other species, such as feeding, nestlng, spaw�ing, or rearing young for species that aze present in the TNW 7
• Does the tdbutary, in combinatlon with its adjacent weflands (if any), have the capacity to hansfer nutdents and organic carbon that
support downsheam foodwebs7
• Does the tdbutary, in combinatlon with its adjacent weflands (if any), have other relatlonships to the physical, chemical, or
biological integriry of the TNW7
Note: the above list oP considerations is not incl�sive and other P�nctions observed or known to occ�r sho�ld be doc�mented
below:
1. SigniPicant nea�s Pindings Por non-RPW that has no adjacent weUands and flows direcUy or indirectly into TNW s. Eaplain
finclings of presence or absence of significant nexus below, based on the tdbutary itself, then go to Sectlon III.D: .
2. Signit5cant nea�s Pindings Por non-RPW and its adjacent wetlands, where the non-RPW flows direcUy or indirecUy into
TNWs. Eaplain findings of presence or absence of siguificant nexus below, based on the tdbutary in combinatlon with all of its
adjacent weflands, then go to Sectlon III.D: .
3. Signit5cant nea�s Pindings Por weUands adjacent to an RPW b�t that do not directly ab�t the RPW. Explain findings of
presence or absence of significant nexus below, based on the hibutary in combinatlon with all of its adjacent weflands, then go to
Sectlon III.D: .
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent WeUands. Check all that apply and provide size estlmates in review azea:
❑ TNWs: linear feet width (fr), Or, acres.
❑ Weflands adjacent to TNWs: acres.
2. RPWs that flow direcUy or indirecUy into TNWs.
� Tributaries of TNWs where tdbutaries typically flow year-round azejurisclictlonal. Provide data and ratlonale indicatlng that
hibutary is perennial: Sheams AC,AD, AF, AG, and GQ aze all perennial sheams, scoring at least a 30 on the NCDWQ
Sheam Form. All sheams had defined bed & bank, good subshate sortlng, moderate flow, and other perennial sheam
indicators.
� Tributaries of TNW where tdbutaries have contlnuous flow "seasonall}�' (e.g., typically ttaee months each year) are
jurisdictlonal. Data supportlng tlris conclusion is provided at Sectlon III.B. Provide ratlonale inclicatlng that tdbutary flows
seasonally: Sheam AA was classified as intermittent, as the sheam chazacteristics fell short of being perennial. The sheam
scored a 26 on the NCDWQ Sheam Form.

Provide estlmates for jurisclictlonal waters in the review azea (check all that apply):
� Tributary waters: 3460 linear feet215width (fr).
❑ Other non-wefland waters: acres.
Identlfy type(s) of waters: .
3. Non-RPWsB that flow directly or indirecUy into TNWs.
❑ Waterbody that is not a TNW or an RPW, but flows direcfly or inclirecfly into a TNW, and it has a significant nexus with a
TNW is jurisdictlonal. Data supportlng tlris conclusion is provided at Sectlon III.C.
Provide estlmates for jurisclictlonal waters witlrin the review azea (check all that apply):
❑ Tributary waters: linear feet width (fr).
❑ Other non-wefland waters: acres.
Identlfy type(s) of waters: .
4. WeUands direcUy ab�tting an RPW that flow directly or indirecUy into TNWs.
� Weflands direcfly abut RPW and thus aze jurisdictlonal as adjacent weflands.
� Weflands direcfly abuttlng an RPW where hibutaries typically flow year-round. Provide data and ratlonale
indicatlng that tdbutary is perennial in Sectlon III.D.2, above. Provide ratlonale indicatlng that wefland is
direcfly abuttlng an RPW: 5313 is a previo�sly delineated perennial RPW that flows direcUy into wetland AB,
which drains into the Catawba River, a TNW. 5313 flows thro�gh weUand AB, and is s�rro�nded on all sides by
the wetland.
❑ Weflands direcfly abuttlng an RPW where hibutaries typically flow "seasonally." Provide data indicatlng that tdbutary is
seasonal in Sectlon III.B and ratlonale in Sectlon III.D.2, above. Provide ratlonale inclicatlng that wefland is direcfly
abutfing an RPW: .
Provide acreage estlmates for jurisdictlonal weflands in the review azea: 116acres.
5. WeUands adjacent to b�t not direcUy ab�tting an RPW that flow direcUy or indirecUy into TNWs.
❑ Weflands that do not direcfly abut an RPW, but when considered in combinatlon with the tdbutary to which they aze adjacent
and with similazly situated adjacent weflands, have a significant nexus with a TNW aze jurisidictlonal. Data supportlng tlris
conclusion is provided at Sectlon III.C.
Provide acreage estlmates for jurisdictlonal weflands in the review azea: acres.
6. WeUands adjacent to non-RPWs that flow directly or indirectly into TNWs.
❑ Weflands adjacent to such waters, and have when considered in combinatlon with the tdbutary to wfich they aze adjacent and
with similazly situated adjacent weflands, have a significant nexus with a TNW azejurisclictlonal. Data supportlng tlris
conclusion is provided at Sectlon III.C.
Provide estlmates for jurisclictlonal weflands in the review azea: acres.
7. Impo�ndments oP j�risdictional waters.9
As a general rule, the impoundment of a jurisclictlonal tdbutary remains jurisdictlonal.
❑ Demonshate that impounchnent was created from "waters of the U.S;' or
❑ Demonshate that water meets the criteria for one of the categories presented above (1-�, or
❑ Demonshate 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);io
❑ which aze or could be used by interstate or foreigu havelers for recreatlonal or other purposes.
❑ from which fish or shellfish aze or could be taken and sold in interstate or foreigu commerce.
eSee Footnote # 3.
9 To complete the analyaia refu to thekey in Secfion III.D.6 of the Inatructional Guidebook.
10 Prior to asserGug or decliuiug CWA jurisdictiou based solely ou this category, Corps Districts will elevate the actiou to Corps aud EPA HQ Por
review cousisteutwith the process described iu the Corps/EPA Memorandum Regarding CWAActJurisdicNon Foliowing Rapanos.

❑ which aze or could be used for industdal purposes by indushies in interstate commerce.
❑ Interstateisolatedwaters. Eaplain: .
❑ Other factors. Eaplain: .
Identify water body and s�mmarize rationale s�pporting determination:
Provide estlmates for jurisclictlonal waters in the review azea (check all that apply):
❑ Tributary waters: linear feet width (fr).
❑ Other non-wefland waters: acres.
Identlfy type(s) of waters: .
❑ Weflands: acres.
NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
❑ If potentlal weflands were assessed witlrin the review azea, these azeas did not meet the criteria in the 1987 Corps of Engineers
Wefland Delineatlon Manual and/or appropriate Regional Supplements.
❑ Review azea included isolated waters with no substantlal nexus to interstate (or foreigu) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC;' the review azea would have been regulated based solelv on the
"Migatory Bird Rule" (MBR).
❑ Waters do not meet the "Significant Nexus" standazd, where such a fincling is required for jurisdictlon. Eaplain: .
❑ Other. (eaplain, if not covered above): .
Provide acreage estlmates for non-jurisdictlonal waters in the review azea, where the sole potentlal basis of jurisdictlon is the MBR
factors (i.e., presence of migatory birds, presence of endangered species, use of water for irrigated agiculture), using best professional
judgment (check all that apply):
❑ Non-wefland waters (i.e, rivers, sheams): linear feet width (fr).
❑ Lakes/ponds: acres.
❑ Other non-wefland waters: acres. List type of aquatic resource: .
❑ Weflands: acres.
Provide acreage estlmates for non-jurisdictlonal waters in the review azea that do not meet the "Siguificant Nexus" standazd, where such
a finding is required for jurisclictlon (check all that apply):
❑ Non-wefland waters (i.e, rivers, sheams): linear feet, width (fr).
❑ Lakes/ponds: acres.
❑ Other non-wefland waters: acres. List type of aquatic resource: .
❑ Weflands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed Por 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 applicanUconsultant: .
� Data sheets prepazed/submitted by or on behalf of the applicanUconsultant.
❑ Office concurs with data sheets/delineatlon report.
❑ Office does not concur with data sheets/delineatlon report.
❑ Data sheets prepazed by the Corps: .
❑ Corps navigable waters' study: .
� US. Geological Survey Hydrologic Aflas:HUC 03 050 1 0 1 1 406, 030501020605, 03 05 01 01 1 5 01, 030501011505, 030501011503.
❑ USGS NHD data.
� USGS 8 and 12 digit HUC maps.
� US. Geological Survey map(s). Cite scale & quad name:?Ak Chazlotte West and Belmont quads.
� USDA Natural Resources Conservatlon Service Soil Survey. (,7tatlon:SSURGO unpublished.
❑ Natlonal weflands inventory map(s). Cite name: .
❑ State/Local wefland inventory map(s): .
❑ FEMA/FIRM maps: .
❑ 100-yeaz Floodplain Elevatlon is: (Natlonal Geodectic V ertical Datum of 1929)
� Photogaphs: � Aerial (Name & Date):NAIP 2007.
or ❑ Other (Name & Date): .
❑ Previousdeterminatlon(s). Fileno.anddateofresponseletter: .
❑ Applicable/supportlngcaselaw: .
❑ Applicable/supportlngscientlficliterature: .
❑ Other informatlon (please specify): .

B. ADDITIONAL COMMENTS TO SUPPORT JD: Most recent delineatlon was performed December 3-8, 2009 and Januazy 11-12,
2010.

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the inshuctlons provided in Sectlon IV of the JD Form Inshuctlonal Guidebook.
SECTIONI:BACKGROUNDINFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:Gaston EasLWest Connector, NCTA
C. PROJECT LOCATION AND BACKGROUND INFORMATION: RPWs with Seasonal Flow: SheamAK, AU, GO and GP. RPWs
with Perennial F7ow: Stream AH, AL, AM, AO, AP, AV, GB, GE/F, GA, GD, GJ/AY, GL, GM, and GN. Weflands AJ, AT,GK/AX,
GGIGH abut RPWs AK, AV,GJ/AY, and GE/F.
State:NC County/pazish/borough: Crd.ston City: Gastonia
Center coorclinates of site (lat/long in degree decimal format): Lat. 35.233032° N, Long. -81.232797° W.
Universal Transverse Mercator:
Name of nearest waterbody: Crowders Creek
Name of nearest Traclitlonal Navigable Water (TN4� lnto which the aquatic resource flows: Catawba River
Name of watershed or Hydrologic Unit Code (HUC): 03 05 01 01 1 5 05, 030501011503
� Check if map/diagam of review azea and/or potentlal jurisclictlonal azeas is/aze available upon request.
❑ Check if other sites (e.g., offsite mitlgatlon sites, disposal sites, etc...) aze associated with this actlon and aze recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determinatlon. Date:
❑ Field Determinatlon. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are no "navigable waters of the CI.S." within Rivers and Hazbors Act (RHA) jurisdictlon (as defined by 33 CFR pazt 329) in the
review azea. [Reguired]
❑ Waters subject to the ebb and flow of the tlde.
❑ Waters aze presenfly used, or have been used in the past, or may be susceptlble for use to hansport interstate or foreigu commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters of the CI.S." within Clean Water Act (CWA) jurisdictlon (as defined by 33 CFR pazt 328) in the review azea. [Reguired]
1. WatersoPtheU.S.
a. Indicate presence oP waters oP U.S. in review area (check all that apply): 1
❑ TNWs, inclucling territorial seas
❑ Weflands adjacent to TNWs
� Relatively permanent waters� (RPWs) that flow direcfly or indirecfly into TNWs
❑ Non-RPWs that flow clirecfly or indirecfly into TNWs
� Weflands direcfly abuttlng RPWs that flow clirecfly or indirecfly into TNWs
❑ Weflands adjacent to but not clirecfly abuttlng RPWs that flow direcfly or inclirecfly into TNWs
❑ Weflands adjacent to non-RPWs that flow clirecfly or inclirecfly into TNWs
❑ Impoundments ofjurisdictlonal waters
❑ Isolated (interstate or inhastate) waters, including isolated weflands
b. Identify (estimate) size oP waters oP the U.S. in the review area:
Non-wefland waters: 91501inear feeC 130width (fr) and/or acres.
Weflands: 1.40 (RPW with Perennial Flow and Abuttlng Weflands) +.65 (RPWs with Seasonal Flow) acres.
c. Limits @o�ndaries) oPj�risdiction based on: 1987 Delineation Man�al
Elevatlon of established OHWM (if lmown): .
2. Non-reg�lated waters/weUands (check iPapplicable):'
� Boxes checked below ahall be aupported by completing the appropriate aecfiona in Secfion III below.
� For purpoaes of ttua form, an RPW ia defined aa a tdbutary thatia not a TNW and thattypically flowa year-round or haa confinuoua flow at leaat "aeaaonall}�'
(e.g., typically 3 montha).
' Supporting documentafion ia preaented in Secfion III.F.

❑ Potentlally jurisdictlonal waters ancUor weflands were assessed within the review azea and determined to be notjurisclictlonal.
Explain:

SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert j�risdiction over TNWs and wetlands adjacent to TNWs. IP the aq�atic reso�rce is a TNW, complete
Section III.A1 and Section III.D1. only; iP the aq�atic reso�rce is a wetland adjacent to a TNW, complete Sections III.A1 and 2
and Section III.D1.; otherwise, see Section III.B below.
1. TNW
Idenfify TNW:
Summarize ratlonale supportlng determinatlon:
2. WeUandadjacenttoTNW
Summarize ratlonale supportlng wnclusion that wefland is "adjacenC':
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section s�mmarizes inPormation regarding characteristics oP the trib�tary and its adjacent wetlands, iP any, and it helps
determine whether or not the standards Por j�risdiction established �nder Rapano.r have been meL
The agencies will assert j�risdiction over non-navigable trib�taries oP TNWs where the trib�taries are "relatively permanent
waters" (RPWs), i.e. trib�taries that typically flow year-ro�nd or have contin�o�s Plow at least seasonally (e.g., typically 3
months). A weUand that direcUy ab�ts an RPW is also j�risdictional. IP the aq�atic reso�rce is not a TNW, b�t has year-ro�nd
(perennial) Plow, skip to Section III.D.2. IP the aq�atic reso�rce is a wetland direcUy ab�tting a trib�tary with perennial Plow,
skip to Section III.D.4.
A weUand that is adjacent to b�t that does not direcUy ab�t an RPW req�ires a signiPicant nea�s eval�ation. Corps districts and
EPA regions will incl�de in the record any available inPormation that doc�ments the eaistence oP a signiPicant nea�s between a
relatively permanent trib�tary that is not perennial (and its adjacent weUands iP any) and a traditional navigable water, even
tho�gh a signit5cant nea�s t5nding is not req�ired as a matter oP law.
IP the waterbody° is not an RPW, or a weUand direcUy ab�tting an RPW, a JD will req�ire additional data to determine iP the
waterbody has a signiPicant nea�s with a TNW. IP the trib�tary has adjacent wetlands, the signiPicant nea�s eval�ation m�st
consider the trib�tary in combination with all oP its adjacent weUands. This signit5cant nea�s eval�ation that combines, Por
analytical p�rposes, the trib�tary and all oP its adjacent wetlands is �sed whether the review area identiPied in the JD req�est is
the trib�tary, or its adjacent wetlands, or both. IPthe JD covers a trib�tary with adjacent weUands, complete Section III.B1 Por
the trib�tary, Section III.B.2 Por any onsite weUands, and Section III.B.3 Por all wetlands adjacent to that trib�tary, both onsite
and offsite. The determination whether a signit5cant nea�s eaists is determined in Section III.0 below.
1. Characteristics oP non-TNWs that Plow direcUy or indirecUy into TNW
(i) General Area Conditions:
Watershed size: 30 sq�are miles
Drainage azea: 8 sq�are miles
Average annual rainfall: 44.80 inches
Average annual snowfall: 5.5 inches
(ii) Physical Characteristics:
(a) Relatlonship with TNW:
❑ Tributary flows direcfly into TNW.
� Tributary flows through 10 (or more) hibutaries before entering TNW.
Project waters aze 30 (or more) river miles from TNW.
Project waters aze 1(or less) river miles from RPW.
Project waters aze 10-15 aerial (shaight) miles from TNW.
Project waters aze 1(or less) aerial (shaight) miles from RPW.
Project waters cross or serve as state boundaries. Eaplain:
Identlfy flow route to TNWs: All RPWs flow southeast into nearest TNW (Catawba River).
Tributary sheam order, if lmown: .
° Notethatthe Inatrucfional Guidebook containa adclifional informafion regazding awalea, clitchea, waahea, and eroaional featurea generally and in the arid
Weat.
' F1ow route can be described by identifying e.g., tdbutary a, wlrich flowa through the re�+iew azea, to flow into tdbutary b, wlrich then flowa into TNW.

(b) General Tributary Chazacteristics (check all that aDO1V1:
Trib�tary is: � Natural
❑ Artlficial (man-made). Explain:
❑ Manipulated (man-altered). Eaplain:
Trib�tary propertles with respect to top of bank (estlmate):
Average width: 8 feet
Average depth: 3 feet
Average side slopes: 31 .
Primary tdbutary subshate compositlon (check all that apply):
� Silts � Sands ❑ Concrete
� Cobbles � Gravel ❑ Muck
❑ Bedrock ❑ Vegetatlon. �pe/% cover:
❑ Other. Explain: .
Tributary conditlon/stability [e.g., highly eroding, sloughing banks]. Explain: Stable, mosfly forested banks.
Presence of mn/riftle/pool complexes. Explain: Weak, low gaclient.
Tributary geomehy: Meandering
Tributary gaclient (approximate average slope): 1%
(c) Flow:
Tributary provides for: Seasonal t7ow
Estlmate average number of flow events in review azea/year: 11-20
Describe flow regime: Rainfall, very wet seasons.
Other informatlon on duratlon and volume: Water depth 1-4 inches.
Surface flow is: Discrete and conPined. Chazacteristics: Moderate flow.
Subsurface flow: Yes. Eaplain findings: Has abuttlng weflands.
❑ Dye (or other) test performed: .
Tributary has (check all that apply):
� Bed andbanks
� OHWM6 (check all indicators that apply):
❑ clear, natural line impressed on the bank ❑
❑ changes in the chazacter of soil �
❑ shelving ❑
� vegetatlon matted down, bent, or absent �
� leaf litter disturbed or washed away ❑
� sediment depositlon ❑
� water staining ❑
❑ other (list):
❑ Discontlnuous OHWM � Explain: .
the presence of litter and debris
deshuctlon of terrestdal vegetatlon
the presence of wrack line
sediment sortlng
scour
multlple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisclictlon (check all that apply):
❑ High Tide Line inclicated by: ❑ Mean High Water Mazk inclicated by:
❑ oil or scum line along shore objects ❑ survey to available datum;
❑ fine shell or debris deposits (foreshore) ❑ physical markings;
❑ physical markings/chazacteristics ❑ vegetatlon lines/changes in vegetatlon types.
❑ fldal gauges
❑ other (list):
(iii) Chemical Characteristics:
Chazacterize tdbutary (e.g, water color is clear, cliscolored, oily film; water quality; general watershed chazacteristics, etc.).
Eaplain: Clear flow with occasional extensive sand depositlon.
Identlfy specific pollutants, if lmow�: .
°A natural or mao-made cliaconfinuity in the OHWM does not neceaaarily aeverjuriaclicfion (e.g., wherethe atream temporarily flowa unduground, or where
the OHWM haa been removed by development or agricultural pracficea). 4Vhue there ia a break in the OHWM that ia unrelated to the watubod}� a flow
regime (e.g., flow ovu a rock outcrop or through a culvert), the agenciea will look for inclicatoia of flow above and below the break.
�Ibid.

(iv) Biological Characteristics. Channel s�pports (check all that apply):
� Riparian corridor. Chazacteristics (type, average width): Forested, 50-200 feet wide.
� Wefland fringe. Chazacteristics: Tributaries AK and AU flow ttaough weflands AJ/AI and AT.
� Habitat for:
❑ Federally Listed species. Eaplain finclings: .
❑ Fish/spawn azeas. Explain findings: .
❑ Other environmentally-sensitive species. Eaplain finclings: .
� Aquatic/wildlife diversity. Eaplain finclings: Amphibians, wefland plant species.
2. Characteristics oP weUands adjacent to non-TNW that flow directly or indirecUy into TNW
(i) Physical Characteristics:
(a) General Wefland Chazacteristics:
Properfles:
Wefland size: acres
Wefland type. Eaplain: .
Wefland qualiry. Eaplain: .
Project weflands cross or serve as state boundaries. Explain:
(b) General Flow Relatlonship with Non-TNW:
Flow is: Pick Lisk Eaplain: .
Surface flow is: Pick List
Chazacteristics:
Subsurface flow: Pick Lisk Eaplain findings:
❑ Dye (or other) test performed: .
(c) Wefland Adiacency Determinatlon with Non-TNW:
❑ Direcfly abuttlng
❑ Not direcfly abuttlng
❑ Discrete wefland hydrologic connectlon. Eaplain:
❑ Ecological connectlon. Explain: .
❑ Sepazated by berm/barrier. Explain: .
(d) Proximity (Relatlonshirol to TNW
Project weflands aze Pick List river miles from TNW.
Project waters aze Pick List aerial (shaight) miles from TNW.
Flow is from: Pick LisL
Estlmate approximate locatlon of wefland as within the Pick List floodplain.
(ii) Chemical Characteristics:
Chazacterize wefland system (e.g, water color is clear, brown, oil film on surface; water quality; general watershed
chazacteristics; etc.). Explain: .
Identlfy specific pollutants, if lmow�: .
(iii) Biological Characteristics. Wetland s�pports (check all that apply):
❑ Riparian buffer. Chazacteristics (type, average width): .
❑ V egetatlon type/percent cover. Eaplain: .
❑ Habitat for:
❑ Federally Listed species. Eaplain finclings: .
❑ Fish/spawn azeas. Explain findings: .
❑ Other environmentally-sensitive species. Eaplain finclings:
❑ Aquatic/wildlife diversity. Eaplain finclings: .
3. Characteristics oP all weUands adjacent to the trib�tary (iP any)
All wefland(s) being considered in the cumulative analysis: Pick List
Approximately ( ) acres in total aze being considered in the cumulative analysis.

For each wefland, specify the following:
Direcfly abuts7 (Y/N) Size (in acres) Direcfly abuts7 (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functlons being performed: .
C. SIGNIFICANT NEXUS DETERMINATION
A signiPicant nea�s analysis will assess the flow characteristics and P�nctions oP the trib�tary itselP and the Punctions perPormed
by any weUands adjacent to the trib�tary to determine iP they signit5cantly affect the chemical, physical, and biological integrity
oP a TNW. For each oP the Pollowing sit�ations, a signit5cant nea�s eaists iP the trib�tary, in combination with all oP its adjacent
wetlands, has more than a spec�lative or ins�bstantial effect on the chemical, physical and/or biological integrity oP a TNW.
Considerations when eval�ating signit5cant nea�s incl�de, b�t are not limited to the vol�me, d�ration, and Preq�ency oP the Plow
oP water in the trib�tary and its proaimity to a TNW, and the P�nctions perPormed by the trib�tary and all its adjacent
wetlands. It is not appropriate to determine signit5cant nea�s based solely on any specit5c threshold oP distance (e.g. between a
trib�tary and its adjacent wetland or between a trib�tary and the TNW). Similarly, the Pact an adjacent wetland lies within or
o�tside oP a floodplain is not solely determinative oP signit5cant nea�s.
Draw connections between the Peat�res doc�mented and the ePPects on the TNW, as identit5ed in the Rapmaos G�idance and
disc�ssed in the Instr�ctional G�idebook. Factors to consider incl�de, Por eaample:
• Does the tdbutary, in combinatlon with its adjacent weflands (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 TNW7
• Does the tdbutary, in combinatlon with its adjacent weflands (if any), provide habitat and lifecycle support functlons for fish and
other species, such as feeding, nestlng, spaw�ing, or rearing young for species that aze present in the TNW 7
• Does the tdbutary, in combinatlon with its adjacent weflands (if any), have the capacity to hansfer nutdents and organic carbon that
support downsheam foodwebs7
• Does the tdbutary, in combinatlon with its adjacent weflands (if any), have other relatlonships to the physical, chemical, or
biological integriry of the TNW7
Note: the above list oP considerations is not incl�sive and other P�nctions observed or known to occ�r sho�ld be doc�mented
below:
1. SigniPicant nea�s Pindings Por non-RPW that has no adjacent weUands and flows direcUy or indirectly into TNW s. Eaplain
finclings of presence or absence of significant nexus below, based on the tdbutary itself, then go to Sectlon III.D: .
2. Signit5cant nea�s Pindings Por non-RPW and its adjacent wetlands, where the non-RPW flows direcUy or indirecUy into
TNWs. Eaplain findings of presence or absence of siguificant nexus below, based on the tdbutary in combinatlon with all of its
adjacent weflands, then go to Sectlon III.D: .
3. Signit5cant nea�s Pindings Por weUands adjacent to an RPW b�t that do not directly ab�t the RPW. Explain findings of
presence or absence of significant nexus below, based on the hibutary in combinatlon with all of its adjacent weflands, then go to
Sectlon III.D: .
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent WeUands. Check all that apply and provide size estlmates in review azea:
❑ TNWs: linear feet width (fr), Or, acres.
❑ Weflands adjacent to TNWs: acres.
2. RPWs that flow direcUy or indirecUy into TNWs.
� Tributaries of TNWs where tdbutaries typically flow year-round azejurisclictlonal. Provide data and ratlonale indicatlng that
hibutary is perennial: Sheams AH, AL, AO, AP, AV, GB, GE/F, GA, GJ/AY, GL, GM, GN, AM, and GD all scored over 30
on the NCDWQ Sheam Form, thus being categorized as perennial sheams. These sheams feature defined bed and bank, good
subshate sortlng, moderate to shong flow, developed riftle/pool sequences, etc.
� Tributaries of TNW where tdbutaries have contlnuous flow "seasonall}�' (e.g., typically ttaee months each year) are
jurisdictlonal. Data supportlng tlris conclusion is provided at Sectlon III.B. Provide ratlonale inclicatlng that tdbutary flows
seasonally: Sheams AK, AV, GO and GP aze all RPWs with seasonal flow. NCDWQ Sheam Forms indicated that they had a
score of at least 19, but fell just below being classified as perennial sheams.

Provide estlmates for jurisclictlonal waters in the review azea (check all that apply):
❑ Tributary waters: 9150 linear feetl-30width (fr).
❑ Other non-wefland waters: acres.
Identlfy type(s) of waters: .
3. Non-RPWsB that flow directly or indirecUy into TNWs.
❑ Waterbody that is not a TNW or an RPW, but flows direcfly or inclirecfly into a TNW, and it has a significant nexus with a
TNW is jurisdictlonal. Data supportlng tlris conclusion is provided at Sectlon III.C.
Provide estlmates for jurisclictlonal waters witlrin the review azea (check all that apply):
❑ Tributary waters: linear feet width (fr).
❑ Other non-wefland waters: acres.
Identlfy type(s) of waters: .
4. WeUands direcUy ab�tting an RPW that flow directly or indirecUy into TNWs.
� Weflands direcfly abut RPW and thus aze jurisdictlonal as adjacent weflands.
� Weflands direcfly abuttlng an RPW where hibutaries typically flow year-round. Provide data and ratlonale
indicatlng that tdbutary is perennial in Sectlon III.D.2, above. Provide ratlonale indicatlng that wefland is
direcfly abuttlng an RPW: Wetland GK/A% maintains a direct hydrologic connection to two streams (one
intermittent and one perennial) that flow directly into Crowders Creek. The streams are previo�sly delineated
RPWs that flow o�t oP the weUand and connect to Crowders Creek. .
� Weflands direcfly abuttlng an RPW where hibutaries typically flow "seasonally." Provide data indicatlng that tdbutary is
seasonal in Sectlon III.B and ratlonale in Sectlon III.D.2, above. Provide ratlonale inclicatlng that wefland is direcfly
abuttlng an RPW: Sheams AK and AU aze seasonal tdbutaries that aze abutted by weflands AJ/AI and AT. These
sheams aze flowing ttaough (and surrounded on all sides by) these weflands. Wefland GG/GH flows direcfly into
Blackwood Creek(perennial RPW) via the intermittent sheam GI.
Provide acreage estlmates for jurisdictlonal weflands in the review azea: 1.40acres.
5. WeUands adjacent to b�t not direcUy ab�tting an RPW that flow direcUy or indirecUy into TNWs.
❑ Weflands that do not direcfly abut an RPW, but when considered in combinatlon with the tdbutary to which they aze adjacent
and with similazly situated adjacent weflands, have a significant nexus with a TNW aze jurisidictlonal. Data supportlng tlris
conclusion is provided at Sectlon III.C.
Provide acreage estlmates for jurisdictlonal weflands in the review azea: acres.
6. WeUands adjacent to non-RPWs that flow directly or indirectly into TNWs.
❑ Weflands adjacent to such waters, and have when considered in combinatlon with the tdbutary to wfich they aze adjacent and
with similazly situated adjacent weflands, have a significant nexus with a TNW azejurisclictlonal. Data supportlng tlris
conclusion is provided at Sectlon III.C.
Provide estlmates for jurisclictlonal weflands in the review azea: acres.
7. Impo�ndments oP j�risdictional waters.9
As a general rule, the impoundment of a jurisclictlonal tdbutary remains jurisdictlonal.
❑ Demonshate that impounchnent was created from "waters of the U.S;' or
❑ Demonshate that water meets the criteria for one of the categories presented above (1-�, or
❑ Demonshate 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);io
eSee Footnote # 3.
9 To complete the analyaia refu to thekey in Secfion III.D.6 of the Inatructional Guidebook.
10 Prior to asserGug or decliuiug CWA jurisdictiou based solely ou this category, Corps Districts will elevate the actiou to Corps aud EPA HQ Por
review cousisteutwith the process described iu the Corps/EPA Memorandum Regarding CWAActJurisdicNon Foliowing Rapanos.

❑ which aze or could be used by interstate or foreigu havelers for recreatlonal or other purposes.
❑ from which fish or shellfish aze or could be taken and sold in interstate or foreigu commerce.
❑ which aze or could be used for industdal purposes by indushies in interstate commerce.
❑ Interstateisolatedwaters. Eaplain: .
❑ Other factors. Eaplain: .
Identify water body and s�mmarize rationale s�pporting determination:
Provide estlmates for jurisclictlonal waters in the review azea (check all that apply):
❑ Tributary waters: linear feet width (fr).
❑ Other non-wefland waters: acres.
Identlfy type(s) of waters: .
❑ Weflands: acres.
NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
❑ If potentlal weflands were assessed witlrin the review azea, these azeas did not meet the criteria in the 1987 Corps of Engineers
Wefland Delineatlon Manual and/or appropriate Regional Supplements.
❑ Review azea included isolated waters with no substantlal nexus to interstate (or foreigu) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC;' the review azea would have been regulated based solelv on the
"Migatory Bird Rule" (MBR).
❑ Waters do not meet the "Significant Nexus" standazd, where such a fincling is required for jurisdictlon. Eaplain: .
❑ Other. (eaplain, if not covered above): .
Provide acreage estlmates for non-jurisdictlonal waters in the review azea, where the sole potentlal basis of jurisdictlon is the MBR
factors (i.e., presence of migatory birds, presence of endangered species, use of water for irrigated agiculture), using best professional
judgment (check all that apply):
❑ Non-wefland waters (i.e, rivers, sheams): linear feet width (fr).
❑ Lakes/ponds: acres.
❑ Other non-wefland waters: acres. List type of aquatic resource: .
❑ Weflands: acres.
Provide acreage estlmates for non-jurisdictlonal waters in the review azea that do not meet the "Siguificant Nexus" standazd, where such
a finding is required for jurisclictlon (check all that apply):
❑ Non-wefland waters (i.e, rivers, sheams): linear feet, width (fr).
❑ Lakes/ponds: acres.
❑ Other non-wefland waters: acres. List type of aquatic resource: .
❑ Weflands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed Por 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 applicanUconsultant: .
� Data sheets prepazed/submitted by or on behalf of the applicanUconsultant.
❑ Office concurs with data sheets/delineatlon report.
❑ Office does not concur with data sheets/delineatlon report.
❑ Data sheets prepazed by the Corps: .
❑ Corps navigable waters' study: .
� US. Geological Survey HydrologicAflas:03 050 1 0 1 1 505, 03 050 1 01 1 503.
❑ USGS NHD data.
� USGS 8 and 12 digit HUC maps.
� US. Geological Survey map(s). Cite scale & quad name:?Ak Bessemer, Crd.stonia North, Crd.stonia South quads.
� USDA Natural Resources Conservatlon Service Soil Survey. (,7tatlon:SSURGO unpublished.
❑ Natlonal weflands inventory map(s). Cite name: .
❑ State/Local wefland inventory map(s): .
❑ FEMA/FIRM maps: .
❑ 100-yeaz Floodplain Elevatlon is: (Natlonal Geodectic V ertical Datum of 1929)
� Photogaphs: � Aerial (Name & Date):NAIP 2007.
or ❑ Other (Name & Date): .
❑ Previousdeterminatlon(s). Fileno.anddateofresponseletter: .
❑ Applicable/supportlngcaselaw: .
❑ Applicable/supportlngscientlficliterature: .

❑ Other informatlon (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD: Most recent delineatlon was performed December 3-8, 2009 and Januazy 11-12,
2010.

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the inshuctlons provided in Sectlon IV of the JD Form Inshuctlonal Guidebook.
SECTIONI:BACKGROUNDINFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:Gaston EasLWest Connector, NCTA
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Isolated Wefland AN
State:NC County/pazish/borough: Crd.ston City: Gastonia
Center coorclinates of site (lat/long in degree decimal format): Lat. 35.256118° N, Long. -81.246909° W.
Universal Transverse Mercator:
Name of nearest waterbody: Bessemer Branch
Name of nearest Traclitlonal Navigable Water (TN4� lnto which the aquatic resource flows: Catawba River
Name of watershed or Hydrologic Unit Code (HUC): 03 05 01 01 1 5 03
� Check if map/diagam of review azea and/or potentlal jurisclictlonal azeas is/aze available upon request.
❑ Check if other sites (e.g., offsite mitlgatlon sites, disposal sites, etc...) aze associated with this actlon and aze recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determinatlon. Date:
❑ Field Determinatlon. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are no "navigable waters of the CI.S." within Rivers and Hazbors Act (RHA) jurisdictlon (as defined by 33 CFR pazt 329) in the
review azea. [Reguired]
❑ Waters subject to the ebb and flow of the tlde.
❑ Waters aze presenfly used, or have been used in the past, or may be susceptlble for use to hansport interstate or foreigu commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters of the CI.S." within Clean Water Act (CWA) jurisdictlon (as defined by 33 CFR pazt 328) in the review azea. [Reguired]
1. WatersoPtheU.S.
a. Indicate presence oP waters oP U.S. in review area (check all that apply): 1
❑ TNWs, inclucling territorial seas
❑ Weflands adjacent to TNWs
❑ Relatively permanent waters� (RPWs) that flow direcfly or indirecfly into TNWs
❑ Non-RPWs that flow clirecfly or indirecfly into TNWs
❑ Weflands direcfly abuttlng RPWs that flow clirecfly or indirecfly into TNWs
❑ Weflands adjacent to but not clirecfly abuttlng RPWs that flow direcfly or inclirecfly into TNWs
❑ Weflands adjacent to non-RPWs that flow clirecfly or inclirecfly into TNWs
❑ Impoundments ofjurisdictlonal waters
� Isolated (interstate or inhastate) waters, including isolated weflands
b. Identify (estimate) size oP waters oP the U.S. in the review area:
Non-wefland waters: linear feeC width (fr) and/or acres.
Weflands: 03 acres.
c. Limits @o�ndaries) oPj�risdiction based on: 1987 Delineation Man�al
Elevatlon of established OHWM (if lmown): .
2. Non-reg�lated waters/weUands (check iPapplicable):'
❑ Potentlally jurisdictlonal waters ancUor weflands were assessed within the review azea and determined to be notjurisclictlonal.
Explain:
� Boxes checked below ahall be aupported by completing the appropriate aecfiona in Secfion III below.
� For purpoaes of ttua form, an RPW ia defined aa a tdbutary thatia not a TNW and thattypically flowa year-round or haa confinuoua flow at leaat "aeaaonall}�'
(e.g., typically 3 montha).
' Supporting documentafion ia preaented in Secfion III.F.

SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert j�risdiction over TNWs and wetlands adjacent to TNWs. IP the aq�atic reso�rce is a TNW, complete
Section III.A1 and Section III.D1. only; iP the aq�atic reso�rce is a wetland adjacent to a TNW, complete Sections III.A1 and 2
and Section III.D1.; otherwise, see Section III.B below.
1. TNW
Idenfify TNW:
Summarize ratlonale supportlng determinatlon:
2. WeUandadjacenttoTNW
Summarize ratlonale supportlng wnclusion that wefland is "adjacenC':
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section s�mmarizes inPormation regarding characteristics oP the trib�tary and its adjacent wetlands, iP any, and it helps
determine whether or not the standards Por j�risdiction established �nder Rapano.r have been meL
The agencies will assert j�risdiction over non-navigable trib�taries oP TNWs where the trib�taries are "relatively permanent
waters" (RPWs), i.e. trib�taries that typically flow year-ro�nd or have contin�o�s Plow at least seasonally (e.g., typically 3
months). A weUand that direcUy ab�ts an RPW is also j�risdictional. IP the aq�atic reso�rce is not a TNW, b�t has year-ro�nd
(perennial) Plow, skip to Section III.D.2. IP the aq�atic reso�rce is a wetland direcUy ab�tting a trib�tary with perennial Plow,
skip to Section III.D.4.
A weUand that is adjacent to b�t that does not direcUy ab�t an RPW req�ires a signiPicant nea�s eval�ation. Corps districts and
EPA regions will incl�de in the record any available inPormation that doc�ments the eaistence oP a signiPicant nea�s between a
relatively permanent trib�tary that is not perennial (and its adjacent weUands iP any) and a traditional navigable water, even
tho�gh a signit5cant nea�s t5nding is not req�ired as a matter oP law.
IP the waterbody° is not an RPW, or a weUand direcUy ab�tting an RPW, a JD will req�ire additional data to determine iP the
waterbody has a signiPicant nea�s with a TNW. IP the trib�tary has adjacent wetlands, the signiPicant nea�s eval�ation m�st
consider the trib�tary in combination with all oP its adjacent weUands. This signit5cant nea�s eval�ation that combines, Por
analytical p�rposes, the trib�tary and all oP its adjacent wetlands is �sed whether the review area identiPied in the JD req�est is
the trib�tary, or its adjacent wetlands, or both. IPthe JD covers a trib�tary with adjacent weUands, complete Section III.B1 Por
the trib�tary, Section III.B.2 Por any onsite weUands, and Section III.B.3 Por all wetlands adjacent to that trib�tary, both onsite
and offsite. The determination whether a signit5cant nea�s eaists is determined in Section III.0 below.
1. Characteristics oP non-TNWs that Plow direcUy or indirecUy into TNW
(i) General Area Conditions:
Watershed size: Pick List
Drainage azea: Pick List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relatlonship with TNW:
❑ Tributary flows direcfly into TNW.
❑ Tributary flows through Pick List tdbutaries before entering TNW.
Project waters aze Pick List river miles from TNW.
Project waters aze Pick List river miles from RPW.
Project waters aze Pick List aerial (shaight) miles from TNW.
Project waters aze Pick List aerial (shaight) miles from RPW.
Project waters cross or serve as state boundaries. Eaplain:
Identlfy flow route to TNWs:
Tributary sheam order, if lmown:
° Notethatthe Inatrucfional Guidebook containa adclifional informafion regazding awalea, clitchea, waahea, and eroaional featurea generally and in the arid
Weat.
' F1ow route can be described by identifying e.g., tdbutary a, wlrich flowa through the re�+iew azea, to flow into tdbutary b, wlrich then flowa into TNW.

(b) General Tributary Chazacteristics (check all that aDO1V1:
Trib�tary is: ❑ Natural
❑ Artlficial (man-made). Explain:
❑ Manipulated (man-altered). Eaplain:
Trib�tary propertles with respect to top of bank (estlmate):
Average width: feet
Average depth: feet
Average side slopes: Pick LisL
Primary tdbutary subshate compositlon (check all that apply):
❑ Silts ❑ Sands ❑ Concrete
❑ Cobbles ❑ Gravel ❑ Muck
❑ Bedrock ❑ Vegetatlon. �pe/% cover:
❑ Other. Explain: .
Tributary conditlon/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of mn/riftle/pool complexes. Explain: .
Tributary geomehy: Pick List
Tributary gaclient (approximate average slope): %
(c) Flow:
Tributary provides for: Pick List
Estlmate average number of flow events in review azea/year: Pick List
Describe flow regime: .
Other informaflon on duraflon and volume: .
Surface flow is: Pick List. Chazacteristics:
Subsurface flow: Pick Lisk Eaplain findings:
❑ Dye (or other) test performed: .
Tributary has (check all that apply):
❑ Bed andbanks
❑ OHWM6 (check all indicators that apply):
❑ clear, natural line impressed on the bank
❑ changes in the chazacter of soil
❑ shelving
❑ vegetatlon matted down, bent, or absent
❑ leaf litter disturbed or washed away
❑ sediment depositlon
❑ water staining
❑ other (list):
❑ Discontlnuous OHWM � Explain:
■
■
�
■
■
■
■
the presence of litter and debris
deshuctlon of terrestdal vegetatlon
the presence of wrack line
sediment sortlng
scour
multlple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisclictlon (check all that apply):
❑ High Tide Line inclicated by: ❑ Mean High Water Mazk inclicated by:
❑ oil or scum line along shore objects ❑ survey to available datum;
❑ fine shell or debris deposits (foreshore) ❑ physical markings;
❑ physical markings/chazacteristics ❑ vegetatlon lines/changes in vegetatlon types.
❑ fldal gauges
❑ other (list):
(iii) Chemical Characteristics:
Chazacterize tdbutary (e.g, water color is clear, cliscolored, oily film; water quality; general watershed chazacteristics, etc.).
Explain:
Identlfy specific pollutants, if lmow�: .
°A natural or mao-made cliaconfinuity in the OHWM does not neceaaarily aeverjuriaclicfion (e.g., wherethe atream temporarily flowa unduground, or where
the OHWM haa been removed by development or agricultural pracficea). 4Vhue there ia a break in the OHWM that ia unrelated to the watubod}� a flow
regime (e.g., flow ovu a rock outcrop or through a culvert), the agenciea will look for inclicatoia of flow above and below the break.
�Ibid.

(iv) Biological Characteristics. Channel s�pports (check all that apply):
❑ Riparian corridor. Chazacteristics (type, average width): .
❑ Weflandfringe. Chazacteristics: .
❑ Habitat for:
❑ Federally Listed species. Eaplain finclings: .
❑ Fish/spawn azeas. Explain findings: .
❑ Other environmentally-sensitive species. Eaplain finclings:
❑ Aquatic/wildlife diversity. Eaplain finclings: .
2. Characteristics oP weUands adjacent to non-TNW that flow directly or indirecUy into TNW
(i) Physical Characteristics:
(a) General Wefland Chazacteristics:
Properfles:
Wefland size: acres
Wefland type. Eaplain: .
Wefland qualiry. Eaplain: .
Project weflands cross or serve as state boundaries. Explain:
(b) General Flow Relatlonship with Non-TNW:
Flow is: Pick Lisk Eaplain: .
Surface flow is: Pick List
Chazacteristics:
Subsurface flow: Pick Lisk Eaplain findings:
❑ Dye (or other) test performed: .
(c) Wefland Adiacency Determinatlon with Non-TNW:
❑ Direcfly abuttlng
❑ Not direcfly abuttlng
❑ Discrete wefland hydrologic connectlon. Eaplain:
❑ Ecological connectlon. Explain: .
❑ Sepazated by berm/barrier. Explain: .
(d) Proximity (Relatlonshirol to TNW
Project weflands aze Pick List river miles from TNW.
Project waters aze Pick List aerial (shaight) miles from TNW.
Flow is from: Pick LisL
Estlmate approximate locatlon of wefland as within the Pick List floodplain.
(ii) Chemical Characteristics:
Chazacterize wefland system (e.g, water color is clear, brown, oil film on surface; water quality; general watershed
chazacteristics; etc.). Explain: .
Identlfy specific pollutants, if lmow�: .
(iii) Biological Characteristics. Wetland s�pports (check all that apply):
❑ Riparian buffer. Chazacteristics (type, average width): .
❑ V egetatlon type/percent cover. Eaplain: .
❑ Habitat for:
❑ Federally Listed species. Eaplain finclings: .
❑ Fish/spawn azeas. Explain findings: .
❑ Other environmentally-sensitive species. Eaplain finclings:
❑ Aquatic/wildlife diversity. Eaplain finclings: .
3. Characteristics oP all weUands adjacent to the trib�tary (iP any)
All wefland(s) being considered in the cumulative analysis: Pick List
Approximately ( ) acres in total aze being considered in the cumulative analysis.

For each wefland, specify the following:
Direcfly abuts7 (Y/N) Size (in acres) Direcfly abuts7 (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functlons being performed: .
C. SIGNIFICANT NEXUS DETERMINATION
A signiPicant nea�s analysis will assess the flow characteristics and P�nctions oP the trib�tary itselP and the Punctions perPormed
by any weUands adjacent to the trib�tary to determine iP they signit5cantly affect the chemical, physical, and biological integrity
oP a TNW. For each oP the Pollowing sit�ations, a signit5cant nea�s eaists iP the trib�tary, in combination with all oP its adjacent
wetlands, has more than a spec�lative or ins�bstantial effect on the chemical, physical and/or biological integrity oP a TNW.
Considerations when eval�ating signit5cant nea�s incl�de, b�t are not limited to the vol�me, d�ration, and Preq�ency oP the Plow
oP water in the trib�tary and its proaimity to a TNW, and the P�nctions perPormed by the trib�tary and all its adjacent
wetlands. It is not appropriate to determine signit5cant nea�s based solely on any specit5c threshold oP distance (e.g. between a
trib�tary and its adjacent wetland or between a trib�tary and the TNW). Similarly, the Pact an adjacent wetland lies within or
o�tside oP a floodplain is not solely determinative oP signit5cant nea�s.
Draw connections between the Peat�res doc�mented and the ePPects on the TNW, as identit5ed in the Rapmaos G�idance and
disc�ssed in the Instr�ctional G�idebook. Factors to consider incl�de, Por eaample:
• Does the tdbutary, in combinatlon with its adjacent weflands (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 TNW7
• Does the tdbutary, in combinatlon with its adjacent weflands (if any), provide habitat and lifecycle support functlons for fish and
other species, such as feeding, nestlng, spaw�ing, or rearing young for species that aze present in the TNW 7
• Does the tdbutary, in combinatlon with its adjacent weflands (if any), have the capacity to hansfer nutdents and organic carbon that
support downsheam foodwebs7
• Does the tdbutary, in combinatlon with its adjacent weflands (if any), have other relatlonships to the physical, chemical, or
biological integriry of the TNW7
Note: the above list oP considerations is not incl�sive and other P�nctions observed or known to occ�r sho�ld be doc�mented
below:
1. SigniPicant nea�s Pindings Por non-RPW that has no adjacent weUands and flows direcUy or indirectly into TNW s. Eaplain
finclings of presence or absence of significant nexus below, based on the tdbutary itself, then go to Sectlon III.D: .
2. Signit5cant nea�s Pindings Por non-RPW and its adjacent wetlands, where the non-RPW flows direcUy or indirecUy into
TNWs. Eaplain findings of presence or absence of siguificant nexus below, based on the tdbutary in combinatlon with all of its
adjacent weflands, then go to Sectlon III.D: .
3. Signit5cant nea�s Pindings Por weUands adjacent to an RPW b�t that do not directly ab�t the RPW. Explain findings of
presence or absence of significant nexus below, based on the hibutary in combinatlon with all of its adjacent weflands, then go to
Sectlon III.D: .
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent WeUands. Check all that apply and provide size estlmates in review azea:
❑ TNWs: linear feet width (fr), Or, acres.
❑ Weflands adjacent to TNWs: acres.
2. RPWs that flow direcUy or indirecUy into TNWs.
❑ Tributaries of TNWs where tdbutaries typically flow year-round azejurisclictlonal. Provide data and ratlonale indicatlng that
hibutary is perennial: .
❑ Tributaries of TNW where tdbutaries have contlnuous flow "seasonall}�' (e.g., typically ttaee months each year) are
jurisdictlonal. Data supportlng tlris conclusion is provided at Sectlon III.B. Provide ratlonale inclicatlng that tdbutary flows
seasonally: .

Provide estlmates for jurisclictlonal waters in the review azea (check all that apply):
❑ Tributary waters: linear feet width (fr).
❑ Other non-wefland waters: acres.
Identlfy type(s) of waters: .
3. Non-RPWsB that flow directly or indirecUy into TNWs.
❑ Waterbody that is not a TNW or an RPW, but flows direcfly or inclirecfly into a TNW, and it has a significant nexus with a
TNW is jurisdictlonal. Data supportlng tlris conclusion is provided at Sectlon III.C.
Provide estlmates for jurisclictlonal waters witlrin the review azea (check all that apply):
❑ Tributary waters: linear feet width (fr).
❑ Other non-wefland waters: acres.
Identlfy type(s) of waters: .
4. WeUands direcUy ab�tting an RPW that flow directly or indirecUy into TNWs.
❑ Weflands direcfly abut RPW and thus aze jurisdictlonal as adjacent weflands.
❑ Weflands direcfly abuttlng an RPW where hibutaries typically flow year-round. Provide data and ratlonale
indicatlng that tdbutary is perennial in Sectlon III.D.2, above. Provide ratlonale indicatlng that wefland is
direcfly abuttlng an RPW: .
❑ Weflands direcfly abuttlng an RPW where hibutaries typically flow "seasonally." Provide data indicatlng that tdbutary is
seasonal in Sectlon III.B and ratlonale in Sectlon III.D.2, above. Provide ratlonale inclicatlng that wefland is direcfly
abutfing an RPW: .
Provide acreage estlmates for jurisdictlonal weflands in the review azea: acres.
5. WeUands adjacent to b�t not direcUy ab�tting an RPW that flow direcUy or indirecUy into TNWs.
❑ Weflands that do not direcfly abut an RPW, but when considered in combinatlon with the tdbutary to which they aze adjacent
and with similazly situated adjacent weflands, have a significant nexus with a TNW aze jurisidictlonal. Data supportlng tlris
conclusion is provided at Sectlon III.C.
Provide acreage estlmates for jurisdictlonal weflands in the review azea: acres.
6. WeUands adjacent to non-RPWs that flow directly or indirectly into TNWs.
❑ Weflands adjacent to such waters, and have when considered in combinatlon with the tdbutary to wfich they aze adjacent and
with similazly situated adjacent weflands, have a significant nexus with a TNW azejurisclictlonal. Data supportlng tlris
conclusion is provided at Sectlon III.C.
Provide estlmates for jurisclictlonal weflands in the review azea: acres.
7. Impo�ndments oP j�risdictional waters.9
As a general rule, the impoundment of a jurisclictlonal tdbutary remains jurisdictlonal.
❑ Demonshate that impounchnent was created from "waters of the U.S;' or
❑ Demonshate that water meets the criteria for one of the categories presented above (1-�, or
❑ Demonshate 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);io
❑ which aze or could be used by interstate or foreigu havelers for recreatlonal or other purposes.
❑ from which fish or shellfish aze or could be taken and sold in interstate or foreigu commerce.
❑ which aze or could be used for industdal purposes by indushies in interstate commerce.
❑ Interstateisolatedwaters. Eaplain: .
� Other factors. Eaplain:Wefland AN has the ability to store nutdents, attenuate local flood waters, and provide habitat for
amphibians.
eSee Footnote # 3.
9 To complete the analyaia refu to thekey in Secfion III.D.6 of the Inatructional Guidebook.
10 Prior to asserGug or decliuiug CWA jurisdictiou based solely ou this category, Corps Districts will elevate the actiou to Corps aud EPA HQ Por
review cousisteutwith the process described iu the Corps/EPA Memorandum Regarding CWAActJurisdicNon Foliowing Rapanos.

Identify water body and s�mmarize rationale s�pporting determination: Wefland AN located south of the Sante Drive and W.
Franklin Blvd (US 74) intersectlon in Crd.ston County, NC. Wefland is in a logged/cleared azea that contains disturbed soils and
hydrology. Wefland was found to be approximately 200 feet from Bessemer Branch (Sheam AM), with no hydrologic connectlon to
any jurisdictlonal sheams or other weflands. A significant nexus was not determined.
Provide estlmates for jurisclictlonal waters in the review azea (check all that apply):
❑ Tributary waters: linear feet width (fr).
❑ Other non-wefland waters: acres.
Identlfy type(s) of waters: .
� Weflands:03acres.
NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
❑ If potentlal weflands were assessed witlrin the review azea, these azeas did not meet the criteria in the 1987 Corps of Engineers
Wefland Delineatlon Manual and/or appropriate Regional Supplements.
❑ Review azea included isolated waters with no substantlal nexus to interstate (or foreigu) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC;' the review azea would have been regulated based solelv on the
"Migatory Bird Rule" (MBR).
❑ Waters do not meet the "Significant Nexus" standazd, where such a fincling is required for jurisdictlon. Eaplain: .
❑ Other. (eaplain, if not covered above): .
Provide acreage estlmates for non-jurisdictlonal waters in the review azea, where the sole potentlal basis of jurisdictlon is the MBR
factors (i.e., presence of migatory birds, presence of endangered species, use of water for irrigated agiculture), using best professional
judgment (check all that apply):
❑ Non-wefland waters (i.e, rivers, sheams): linear feet width (fr).
❑ Lakes/ponds: acres.
❑ Other non-wefland waters: acres. List type of aquatic resource: .
❑ Weflands: acres.
Provide acreage estlmates for non-jurisdictlonal waters in the review azea that do not meet the "Siguificant Nexus" standazd, where such
a finding is required for jurisclictlon (check all that apply):
❑ Non-wefland waters (i.e, rivers, sheams): linear feet, width (fr).
❑ Lakes/ponds: acres.
❑ Other non-wefland waters: acres. List type of aquatic resource: .
❑ Weflands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed Por 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 applicanUconsultant: .
� Data sheets prepazed/submitted by or on behalf of the applicanUconsultant.
❑ Office concurs with data sheets/delineatlon report.
❑ Office does not concur with data sheets/delineatlon report.
❑ Data sheets prepazed by the Corps: .
❑ Corps navigable waters' study: .
� US. Geological Survey Hydrologic Aflas:HUC 0305010115 03.
❑ USGS NHD data.
� USGS 8 and 12 digit HUC maps.
� US. Geological Survey map(s). Cite scale & quad name:?Ak Gastonia North.
� USDA Natural Resources Conservatlon Service Soil Survey. (,7tatlon:SSURGO unpublished.
❑ Natlonal weflands inventory map(s). Cite name: .
❑ State/Local wefland inventory map(s): .
❑ FEMA/FIRM maps: .
❑ 100-yeaz Floodplain Elevatlon is: (Natlonal Geodectic V ertical Datum of 1929)
� Photogaphs: � Aerial (Name & Date):NAIP 2007.
or ❑ Other (Name & Date): .
❑ Previousdeterminatlon(s). Fileno.anddateofresponseletter: .
❑ Applicable/supportlngcaselaw: .
❑ Applicable/supportlngscientlficliterature: .
❑ Other informatlon (please specify): .

B. ADDITIONAL COMMENTS TO SUPPORT JD: Most recent delineatlon was performed December 3-8, 2009 and Januazy 11-12,
2010.

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the inshuctlons provided in Sectlon IV of the JD Form Inshuctlonal Guidebook.
SECTIONI:BACKGROUNDINFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:Gaston EasLWest Connector
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Isolated Wefland GC
State:NC County/pazish/borough: Crd.ston City: Gastonia
Center coorclinates of site (lat/long in degree decimal format): Lat. 35.225793° N, Long. -81.226009° W.
Universal Transverse Mercator:
Name of nearest waterbody: Sheam GA - Unnamed Tributary
Name of nearest Traclitlonal Navigable Water (TN4� lnto which the aquatic resource flows: Catawba River
Name of watershed or Hydrologic Unit Code (HUC): 03 05 01 01 1 5 03
� Check if map/diagam of review azea and/or potentlal jurisclictlonal azeas is/aze available upon request.
❑ Check if other sites (e.g., offsite mitlgatlon sites, disposal sites, etc...) aze associated with this actlon and aze recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determinatlon. Date:
❑ Field Determinatlon. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are no "navigable waters of the CI.S." within Rivers and Hazbors Act (RHA) jurisdictlon (as defined by 33 CFR pazt 329) in the
review azea. [Reguired]
❑ Waters subject to the ebb and flow of the tlde.
❑ Waters aze presenfly used, or have been used in the past, or may be susceptlble for use to hansport interstate or foreigu commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters of the CI.S." within Clean Water Act (CWA) jurisdictlon (as defined by 33 CFR pazt 328) in the review azea. [Reguired]
1. WatersoPtheU.S.
a. Indicate presence oP waters oP U.S. in review area (check all that apply): 1
❑ TNWs, inclucling territorial seas
❑ Weflands adjacent to TNWs
❑ Relatively permanent waters� (RPWs) that flow direcfly or indirecfly into TNWs
❑ Non-RPWs that flow clirecfly or indirecfly into TNWs
❑ Weflands direcfly abuttlng RPWs that flow clirecfly or indirecfly into TNWs
❑ Weflands adjacent to but not clirecfly abuttlng RPWs that flow direcfly or inclirecfly into TNWs
❑ Weflands adjacent to non-RPWs that flow clirecfly or inclirecfly into TNWs
❑ Impoundments ofjurisdictlonal waters
� Isolated (interstate or inhastate) waters, including isolated weflands
b. Identify (estimate) size oP waters oP the U.S. in the review area:
Non-wefland waters: linear feeC width (fr) and/or acres.
Weflands: .03 acres.
c. Limits @o�ndaries) oPj�risdiction based on: 1987 Delineation Man�al
Elevatlon of established OHWM (if lmown): .
2. Non-reg�lated waters/weUands (check iPapplicable):'
❑ Potentlally jurisdictlonal waters ancUor weflands were assessed within the review azea and determined to be notjurisclictlonal.
Explain:
� Boxes checked below ahall be aupported by completing the appropriate aecfiona in Secfion III below.
� For purpoaes of ttua form, an RPW ia defined aa a tdbutary thatia not a TNW and thattypically flowa year-round or haa confinuoua flow at leaat "aeaaonall}�'
(e.g., typically 3 montha).
' Supporting documentafion ia preaented in Secfion III.F.

SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert j�risdiction over TNWs and wetlands adjacent to TNWs. IP the aq�atic reso�rce is a TNW, complete
Section III.A1 and Section III.D1. only; iP the aq�atic reso�rce is a wetland adjacent to a TNW, complete Sections III.A1 and 2
and Section III.D1.; otherwise, see Section III.B below.
1. TNW
Idenfify TNW:
Summarize ratlonale supportlng determinatlon:
2. WeUandadjacenttoTNW
Summarize ratlonale supportlng wnclusion that wefland is "adjacenC':
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section s�mmarizes inPormation regarding characteristics oP the trib�tary and its adjacent wetlands, iP any, and it helps
determine whether or not the standards Por j�risdiction established �nder Rapano.r have been meL
The agencies will assert j�risdiction over non-navigable trib�taries oP TNWs where the trib�taries are "relatively permanent
waters" (RPWs), i.e. trib�taries that typically flow year-ro�nd or have contin�o�s Plow at least seasonally (e.g., typically 3
months). A weUand that direcUy ab�ts an RPW is also j�risdictional. IP the aq�atic reso�rce is not a TNW, b�t has year-ro�nd
(perennial) Plow, skip to Section III.D.2. IP the aq�atic reso�rce is a wetland direcUy ab�tting a trib�tary with perennial Plow,
skip to Section III.D.4.
A weUand that is adjacent to b�t that does not direcUy ab�t an RPW req�ires a signiPicant nea�s eval�ation. Corps districts and
EPA regions will incl�de in the record any available inPormation that doc�ments the eaistence oP a signiPicant nea�s between a
relatively permanent trib�tary that is not perennial (and its adjacent weUands iP any) and a traditional navigable water, even
tho�gh a signit5cant nea�s t5nding is not req�ired as a matter oP law.
IP the waterbody° is not an RPW, or a weUand direcUy ab�tting an RPW, a JD will req�ire additional data to determine iP the
waterbody has a signiPicant nea�s with a TNW. IP the trib�tary has adjacent wetlands, the signiPicant nea�s eval�ation m�st
consider the trib�tary in combination with all oP its adjacent weUands. This signit5cant nea�s eval�ation that combines, Por
analytical p�rposes, the trib�tary and all oP its adjacent wetlands is �sed whether the review area identiPied in the JD req�est is
the trib�tary, or its adjacent wetlands, or both. IPthe JD covers a trib�tary with adjacent weUands, complete Section III.B1 Por
the trib�tary, Section III.B.2 Por any onsite weUands, and Section III.B.3 Por all wetlands adjacent to that trib�tary, both onsite
and offsite. The determination whether a signit5cant nea�s eaists is determined in Section III.0 below.
1. Characteristics oP non-TNWs that Plow direcUy or indirecUy into TNW
(i) General Area Conditions:
Watershed size: Pick List
Drainage azea: Pick List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relatlonship with TNW:
❑ Tributary flows direcfly into TNW.
❑ Tributary flows through Pick List tdbutaries before entering TNW.
Project waters aze Pick List river miles from TNW.
Project waters aze Pick List river miles from RPW.
Project waters aze Pick List aerial (shaight) miles from TNW.
Project waters aze Pick List aerial (shaight) miles from RPW.
Project waters cross or serve as state boundaries. Eaplain:
Identlfy flow route to TNWs:
Tributary sheam order, if lmown:
° Notethatthe Inatrucfional Guidebook containa adclifional informafion regazding awalea, clitchea, waahea, and eroaional featurea generally and in the arid
Weat.
' F1ow route can be described by identifying e.g., tdbutary a, wlrich flowa through the re�+iew azea, to flow into tdbutary b, wlrich then flowa into TNW.

(b) General Tributary Chazacteristics (check all that aDO1V1:
Trib�tary is: ❑ Natural
❑ Artlficial (man-made). Explain:
❑ Manipulated (man-altered). Eaplain:
Trib�tary propertles with respect to top of bank (estlmate):
Average width: feet
Average depth: feet
Average side slopes: Pick LisL
Primary tdbutary subshate compositlon (check all that apply):
❑ Silts ❑ Sands ❑ Concrete
❑ Cobbles ❑ Gravel ❑ Muck
❑ Bedrock ❑ Vegetatlon. �pe/% cover:
❑ Other. Explain: .
Tributary conditlon/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of mn/riftle/pool complexes. Explain: .
Tributary geomehy: Pick List
Tributary gaclient (approximate average slope): %
(c) Flow:
Tributary provides for: Pick List
Estlmate average number of flow events in review azea/year: Pick List
Describe flow regime: .
Other informaflon on duraflon and volume: .
Surface flow is: Pick List. Chazacteristics:
Subsurface flow: Pick Lisk Eaplain findings:
❑ Dye (or other) test performed: .
Tributary has (check all that apply):
❑ Bed andbanks
❑ OHWM6 (check all indicators that apply):
❑ clear, natural line impressed on the bank
❑ changes in the chazacter of soil
❑ shelving
❑ vegetatlon matted down, bent, or absent
❑ leaf litter disturbed or washed away
❑ sediment depositlon
❑ water staining
❑ other (list):
❑ Discontlnuous OHWM � Explain:
■
■
�
■
■
■
■
the presence of litter and debris
deshuctlon of terrestdal vegetatlon
the presence of wrack line
sediment sortlng
scour
multlple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisclictlon (check all that apply):
❑ High Tide Line inclicated by: ❑ Mean High Water Mazk inclicated by:
❑ oil or scum line along shore objects ❑ survey to available datum;
❑ fine shell or debris deposits (foreshore) ❑ physical markings;
❑ physical markings/chazacteristics ❑ vegetatlon lines/changes in vegetatlon types.
❑ fldal gauges
❑ other (list):
(iii) Chemical Characteristics:
Chazacterize tdbutary (e.g, water color is clear, cliscolored, oily film; water quality; general watershed chazacteristics, etc.).
Explain:
Identlfy specific pollutants, if lmow�: .
°A natural or mao-made cliaconfinuity in the OHWM does not neceaaarily aeverjuriaclicfion (e.g., wherethe atream temporarily flowa unduground, or where
the OHWM haa been removed by development or agricultural pracficea). 4Vhue there ia a break in the OHWM that ia unrelated to the watubod}� a flow
regime (e.g., flow ovu a rock outcrop or through a culvert), the agenciea will look for inclicatoia of flow above and below the break.
�Ibid.

(iv) Biological Characteristics. Channel s�pports (check all that apply):
❑ Riparian corridor. Chazacteristics (type, average width): .
❑ Weflandfringe. Chazacteristics: .
❑ Habitat for:
❑ Federally Listed species. Eaplain finclings: .
❑ Fish/spawn azeas. Explain findings: .
❑ Other environmentally-sensitive species. Eaplain finclings:
❑ Aquatic/wildlife diversity. Eaplain finclings: .
2. Characteristics oP weUands adjacent to non-TNW that flow directly or indirecUy into TNW
(i) Physical Characteristics:
(a) General Wefland Chazacteristics:
Properfles:
Wefland size: acres
Wefland type. Eaplain: .
Wefland qualiry. Eaplain: .
Project weflands cross or serve as state boundaries. Explain:
(b) General Flow Relatlonship with Non-TNW:
Flow is: Pick Lisk Eaplain: .
Surface flow is: Pick List
Chazacteristics:
Subsurface flow: Pick Lisk Eaplain findings:
❑ Dye (or other) test performed: .
(c) Wefland Adiacency Determinatlon with Non-TNW:
❑ Direcfly abuttlng
❑ Not direcfly abuttlng
❑ Discrete wefland hydrologic connectlon. Eaplain:
❑ Ecological connectlon. Explain: .
❑ Sepazated by berm/barrier. Explain: .
(d) Proximity (Relatlonshirol to TNW
Project weflands aze Pick List river miles from TNW.
Project waters aze Pick List aerial (shaight) miles from TNW.
Flow is from: Pick LisL
Estlmate approximate locatlon of wefland as within the Pick List floodplain.
(ii) Chemical Characteristics:
Chazacterize wefland system (e.g, water color is clear, brown, oil film on surface; water quality; general watershed
chazacteristics; etc.). Explain: .
Identlfy specific pollutants, if lmow�: .
(iii) Biological Characteristics. Wetland s�pports (check all that apply):
❑ Riparian buffer. Chazacteristics (type, average width): .
❑ V egetatlon type/percent cover. Eaplain: .
❑ Habitat for:
❑ Federally Listed species. Eaplain finclings: .
❑ Fish/spawn azeas. Explain findings: .
❑ Other environmentally-sensitive species. Eaplain finclings:
❑ Aquatic/wildlife diversity. Eaplain finclings: .
3. Characteristics oP all weUands adjacent to the trib�tary (iP any)
All wefland(s) being considered in the cumulative analysis: Pick List
Approximately ( ) acres in total aze being considered in the cumulative analysis.

For each wefland, specify the following:
Direcfly abuts7 (Y/N) Size (in acres) Direcfly abuts7 (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functlons being performed: .
C. SIGNIFICANT NEXUS DETERMINATION
A signiPicant nea�s analysis will assess the flow characteristics and P�nctions oP the trib�tary itselP and the Punctions perPormed
by any weUands adjacent to the trib�tary to determine iP they signit5cantly affect the chemical, physical, and biological integrity
oP a TNW. For each oP the Pollowing sit�ations, a signit5cant nea�s eaists iP the trib�tary, in combination with all oP its adjacent
wetlands, has more than a spec�lative or ins�bstantial effect on the chemical, physical and/or biological integrity oP a TNW.
Considerations when eval�ating signit5cant nea�s incl�de, b�t are not limited to the vol�me, d�ration, and Preq�ency oP the Plow
oP water in the trib�tary and its proaimity to a TNW, and the P�nctions perPormed by the trib�tary and all its adjacent
wetlands. It is not appropriate to determine signit5cant nea�s based solely on any specit5c threshold oP distance (e.g. between a
trib�tary and its adjacent wetland or between a trib�tary and the TNW). Similarly, the Pact an adjacent wetland lies within or
o�tside oP a floodplain is not solely determinative oP signit5cant nea�s.
Draw connections between the Peat�res doc�mented and the ePPects on the TNW, as identit5ed in the Rapmaos G�idance and
disc�ssed in the Instr�ctional G�idebook. Factors to consider incl�de, Por eaample:
• Does the tdbutary, in combinatlon with its adjacent weflands (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 TNW7
• Does the tdbutary, in combinatlon with its adjacent weflands (if any), provide habitat and lifecycle support functlons for fish and
other species, such as feeding, nestlng, spaw�ing, or rearing young for species that aze present in the TNW 7
• Does the tdbutary, in combinatlon with its adjacent weflands (if any), have the capacity to hansfer nutdents and organic carbon that
support downsheam foodwebs7
• Does the tdbutary, in combinatlon with its adjacent weflands (if any), have other relatlonships to the physical, chemical, or
biological integriry of the TNW7
Note: the above list oP considerations is not incl�sive and other P�nctions observed or known to occ�r sho�ld be doc�mented
below:
1. SigniPicant nea�s Pindings Por non-RPW that has no adjacent weUands and flows direcUy or indirectly into TNW s. Eaplain
finclings of presence or absence of significant nexus below, based on the tdbutary itself, then go to Sectlon III.D: .
2. Signit5cant nea�s Pindings Por non-RPW and its adjacent wetlands, where the non-RPW flows direcUy or indirecUy into
TNWs. Eaplain findings of presence or absence of siguificant nexus below, based on the tdbutary in combinatlon with all of its
adjacent weflands, then go to Sectlon III.D: .
3. Signit5cant nea�s Pindings Por weUands adjacent to an RPW b�t that do not directly ab�t the RPW. Explain findings of
presence or absence of significant nexus below, based on the hibutary in combinatlon with all of its adjacent weflands, then go to
Sectlon III.D: .
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent WeUands. Check all that apply and provide size estlmates in review azea:
❑ TNWs: linear feet width (fr), Or, acres.
❑ Weflands adjacent to TNWs: acres.
2. RPWs that flow direcUy or indirecUy into TNWs.
❑ Tributaries of TNWs where tdbutaries typically flow year-round azejurisclictlonal. Provide data and ratlonale indicatlng that
hibutary is perennial: .
❑ Tributaries of TNW where tdbutaries have contlnuous flow "seasonall}�' (e.g., typically ttaee months each year) are
jurisdictlonal. Data supportlng tlris conclusion is provided at Sectlon III.B. Provide ratlonale inclicatlng that tdbutary flows
seasonally: .

Provide estlmates for jurisclictlonal waters in the review azea (check all that apply):
❑ Tributary waters: linear feet width (fr).
❑ Other non-wefland waters: acres.
Identlfy type(s) of waters: .
3. Non-RPWsB that flow directly or indirecUy into TNWs.
❑ Waterbody that is not a TNW or an RPW, but flows direcfly or inclirecfly into a TNW, and it has a significant nexus with a
TNW is jurisdictlonal. Data supportlng tlris conclusion is provided at Sectlon III.C.
Provide estlmates for jurisclictlonal waters witlrin the review azea (check all that apply):
❑ Tributary waters: linear feet width (fr).
❑ Other non-wefland waters: acres.
Identlfy type(s) of waters: .
4. WeUands direcUy ab�tting an RPW that flow directly or indirecUy into TNWs.
❑ Weflands direcfly abut RPW and thus aze jurisdictlonal as adjacent weflands.
❑ Weflands direcfly abuttlng an RPW where hibutaries typically flow year-round. Provide data and ratlonale
indicatlng that tdbutary is perennial in Sectlon III.D.2, above. Provide ratlonale indicatlng that wefland is
direcfly abuttlng an RPW: .
❑ Weflands direcfly abuttlng an RPW where hibutaries typically flow "seasonally." Provide data indicatlng that tdbutary is
seasonal in Sectlon III.B and ratlonale in Sectlon III.D.2, above. Provide ratlonale inclicatlng that wefland is direcfly
abutfing an RPW: .
Provide acreage estlmates for jurisdictlonal weflands in the review azea: acres.
5. WeUands adjacent to b�t not direcUy ab�tting an RPW that flow direcUy or indirecUy into TNWs.
❑ Weflands that do not direcfly abut an RPW, but when considered in combinatlon with the tdbutary to which they aze adjacent
and with similazly situated adjacent weflands, have a significant nexus with a TNW aze jurisidictlonal. Data supportlng tlris
conclusion is provided at Sectlon III.C.
Provide acreage estlmates for jurisdictlonal weflands in the review azea: acres.
6. WeUands adjacent to non-RPWs that flow directly or indirectly into TNWs.
❑ Weflands adjacent to such waters, and have when considered in combinatlon with the tdbutary to wfich they aze adjacent and
with similazly situated adjacent weflands, have a significant nexus with a TNW azejurisclictlonal. Data supportlng tlris
conclusion is provided at Sectlon III.C.
Provide estlmates for jurisclictlonal weflands in the review azea: acres.
7. Impo�ndments oP j�risdictional waters.9
As a general rule, the impoundment of a jurisclictlonal tdbutary remains jurisdictlonal.
❑ Demonshate that impounchnent was created from "waters of the U.S;' or
❑ Demonshate that water meets the criteria for one of the categories presented above (1-�, or
❑ Demonshate 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);io
❑ which aze or could be used by interstate or foreigu havelers for recreatlonal or other purposes.
❑ from which fish or shellfish aze or could be taken and sold in interstate or foreigu commerce.
❑ which aze or could be used for industdal purposes by indushies in interstate commerce.
❑ Interstateisolatedwaters. Eaplain: .
� Other factors. Eaplain:Wefland GC has the ability to store nutdents, attenuate local flood waters, and provide habitat for
amphibians.
eSee Footnote # 3.
9 To complete the analyaia refu to thekey in Secfion III.D.6 of the Inatructional Guidebook.
10 Prior to asserGug or decliuiug CWA jurisdictiou based solely ou this category, Corps Districts will elevate the actiou to Corps aud EPA HQ Por
review cousisteutwith the process described iu the Corps/EPA Memorandum Regarding CWAActJurisdicNon Foliowing Rapanos.

Identify water body and s�mmarize rationale s�pporting determination: Wefland GC is located approximately 0.1 mile south of
Skyland Drive in Crd.stonia, NC. The wefland is approximately 200 feet north of a jurisdictlonal intermittent sheam, with no hydrologic
connectlon to any other jurisclictlonal waters. A siguificant nexus was not determined.
Provide estlmates for jurisclictlonal waters in the review azea (check all that apply):
❑ Tributary waters: linear feet width (fr).
❑ Other non-wefland waters: acres.
Identlfy type(s) of waters: .
� Weflands:.03acres.
NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
❑ If potentlal weflands were assessed witlrin the review azea, these azeas did not meet the criteria in the 1987 Corps of Engineers
Wefland Delineatlon Manual and/or appropriate Regional Supplements.
❑ Review azea included isolated waters with no substantlal nexus to interstate (or foreigu) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC;' the review azea would have been regulated based solelv on the
"Migatory Bird Rule" (MBR).
❑ Waters do not meet the "Significant Nexus" standazd, where such a fincling is required for jurisdictlon. Eaplain: .
❑ Other. (eaplain, if not covered above): .
Provide acreage estlmates for non-jurisdictlonal waters in the review azea, where the sole potentlal basis of jurisdictlon is the MBR
factors (i.e., presence of migatory birds, presence of endangered species, use of water for irrigated agiculture), using best professional
judgment (check all that apply):
❑ Non-wefland waters (i.e, rivers, sheams): linear feet width (fr).
❑ Lakes/ponds: acres.
❑ Other non-wefland waters: acres. List type of aquatic resource: .
❑ Weflands: acres.
Provide acreage estlmates for non-jurisdictlonal waters in the review azea that do not meet the "Siguificant Nexus" standazd, where such
a finding is required for jurisclictlon (check all that apply):
❑ Non-wefland waters (i.e, rivers, sheams): linear feet, width (fr).
❑ Lakes/ponds: acres.
❑ Other non-wefland waters: acres. List type of aquatic resource: .
❑ Weflands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed Por 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 applicanUconsultant: .
� Data sheets prepazed/submitted by or on behalf of the applicanUconsultant.
❑ Office concurs with data sheets/delineatlon report.
❑ Office does not concur with data sheets/delineatlon report.
❑ Data sheets prepazed by the Corps: .
❑ Corps navigable waters' study: .
� US. Geological Survey HydrologicAflas:HUC 03 050 1 0 1 1 503.
❑ USGS NHD data.
� USGS 8 and 12 digit HUC maps.
� US. Geological Survey map(s). Cite scale & quad name:?Ak Gastonia South.
� USDA Natural Resources Conservatlon Service Soil Survey. (,7tatlon:SSURGO unpublished.
❑ Natlonal weflands inventory map(s). Cite name: .
❑ State/Local wefland inventory map(s): .
❑ FEMA/FIRM maps: .
❑ 100-yeaz Floodplain Elevatlon is: (Natlonal Geodectic V ertical Datum of 1929)
� Photogaphs: � Aerial (Name & Date):NAIP 2007.
or ❑ Other (Name & Date): .
❑ Previousdeterminatlon(s). Fileno.anddateofresponseletter: .
❑ Applicable/supportlngcaselaw: .
❑ Applicable/supportlngscientlficliterature: .
❑ Other informatlon (please specify): .

B. ADDITIONAL COMMENTS TO SUPPORT JD: Most recent delineatlon was performed December 3-8, 2009 and Januazy 11-12,
2010.