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HomeMy WebLinkAbout20120904 Ver 1_USACE Permit_20130107I la, - C) TO y U.S. ARMY CORPS OF ENGINEERS Co WILMINGTON DISTRICT Action Id SAW- 2012 -00616 County Wake U S G S Quad NC- SOUTHEAST DURHAM GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner: Southbridge Fellowship Church Agent: The John R. McAdams Company, Inc. c/o James Cullen c/o Kevin Yates Address: 9311 Focal Point Address: Post Office Box 14005 Raleigh, NC, 27617 Research Triangle Park, NC, 27709 Size and location of property' The project area is located 0.61 miles southeast of the intersection of New Raleigh Highway /Glenwood Avenue and Page Road Extension, on the south side of New Raleigh Highway /Glenwood Avenue. Latitude 35.9248 Longitude - 78.8017 Description of project area and activity The project area contains 10.78 acres of forested land and one residential structure This verification authorizes the placement of fill material into 0.01 acres of iurisdictional wetlands to facilitate the construction of a church and associated attendant features. Applicable Law ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization Nationwide Permit Number. 39 Commercial and Institutional Developments SEE ATTACHED NATIONWIDE AND SPECIAL CONDITIONS. Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions, your application dated September 24, 2012, and the enclosed plans dated November 14, 2012. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and /or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i e, are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification You should contact the NC Division of Water Quality (telephone (919) -807 -6300) to determine Section 401 requirements This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals /permits If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact David L. Shaeffer at (919) 554 -4884 ext. 31 0191 WIY 09md by A SHAEFFE0.DANDIEIGM 12W7 573 ' 4 DN Sk o-U AEFFER AWDIwDO0. aw05 Corps Regulatory Official -- Wt,MIMSHAFffEIiDAVIDIEGMiMW505]3 Date 1/4/2013 Date ]015A1A/0ti3]09 -0Stld Expiration Date of Verification: 1/4/2015 The Wilmington District is committed to providing the highest level of support to the public To help us ensure w lk@r--ec D please complete the attached customer Satisfaction Survey Copy Furnished Ian McMillan, NCDWQ I l A N 0 7 2 013 Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 33 1) B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344) Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification The subject property contains 0 05 acres of wetlands and 371 linear feet of stream D. ❑ The.junsdictional areas within the above described project area have been identified under a previous action Please reference ,jurisdictional determination issued Action ID Basis For Determination The site exhibits wetland and stream criteria as defined in 33 CFR 328.3, the 1987 Corps Wetland Delineation Manual, the Eastern Mountain and Piedmont Regional Supplement to the 1987 Manual Version 2, the Rapanos- Carabell Guidance, and Regulatory Guidance Letter 05 -05. Remarks See the enclosed approved iurisdictional determination form dated November 29, 2012. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act. jurisdiction for the particular site identified in this request The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985 If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C above) This correspondence constitutes an approved. jurisdictional determination for the above described site If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331 Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form If you request to appeal this determination you must submit a completed RFA form to the following address US Army Corps of Engineers South Atlantic Division Attn Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303 -8801 Phone (404) 562 -5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 3315, and that it has been received by the Division Office within 60 days of the date of the NAP Should you decide to submit an RFA form, it must be received at the above address by 3/4/2013. * *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence ** Dl01* sl0mi by SMA 111 111GK11 -105)3 DM o-US. wUS G ,m,m m.D D o PM —USA wSM/iEFFD AADU M13b0-73 Corps Regulatory Official Dace N1301 W X3M SW Date 1/4/2013 Expiration Date 1/4/2018 Action ID Number: SAW- 2012 -00616 Permittee: Southbridge Fellowship Church Date Permit Issued: 1/4/2013 Project Manager: David L. Shaeffer Upon completion of the activity authorized by sign this certification and return it to the folio, US ARMY CO WILMIN( Attn: D Please note that your permitted activity is subject Engineers representative. If you fail to comply wi modification, or revocation. County: Wake permit and any mitigation required by the permit, address: OF ENGINEERS N DISTRICT L. Shaeffer a compliance inspection by a U. S. Army Corps of this permit you are subject to permit suspension, I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 11/29/2012 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Raleigh Field Office,Southbridge Fellowship Church, SAW- 2012 -00616 C. PROJECT LOCATION AND BACKGROUND INFORMATION: The protect site is located 0 61 miles southeast of the intersection of New Raleigh Highway /Glenwood Avenue and Page Road Extension, on the south side of New Raleigh Highway /Glenwood Avenue in Raleigh, Wake County, North Carolina Wake County PIN 0759816591 Form is for all waters of the U S and isolated wetlands on the subject property State NC County/parish/borough Wake City Raleigh Center coordinates of site (lat/long in degree decimal format) Lat. 35 9249581 N, Long -78 801958° W Universal Transverse Mercator NAD83 Name of nearest waterbody Little Brier Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows Neuse River Name of watershed or Hydrologic Unit Code (HUC) 03020201 0 Check if map /diagram of review area and/or potential Jurisdictional areas is /are available upon request ® Check if other sites (e g, offsite mitigation sites, disposal sites, etc ) are associated with this action and are recorded on a different JD form D. REVIEW PERFORMED FOR SITE EVALUATION (CHECI{ ALL THAT APPLY): Office (Desk) Determination Date Field Determination Date(s) 4/17/2012 SECTION H: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There App p ar to lierno "navigable waters of the US" within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area [Required] Fol Waters subject to the ebb and flow of the tide ® Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce Explain B. CWA SECTION 404 DETERMINATION OF JURISDICTION There Afire "waters of the US" within Clean Water Act (CWA) Jurisdiction (as defined by 33 CFR part 328) in the review area [Required] Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply). i ral TNWs, including territorial seas d Wetlands adjacent to TNWs ® Relatively permanent watersZ (RPWs) that flow directly or indirectly into TNWs ® Non -RPWs that flow directly or indirectly into TNWs ® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ® Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ® Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs ® Impoundments of jurisdictional waters ® Isolated (interstate or intrastate) waters, including isolated wetlands Identify (estimate) size of waters of the U.S. in the review area: Non - wetland waters 371 linear feet 3 width (ft) and /or 0 02 acres Wetlands 0 05 acres c. Limits (boundaries) of Jurisdiction based on 1987, 5elifi&twri�Manual Elevation of established OHWM (if known) 2. Non - regulated waters /wetlands (check if applicable) 3 i Boxes checked below shall be supported by completing the appropriate sections in Section III below 2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year -round or has continuous flow at least "seasonally" (e g , typically 3 months) Supporting documentation is presented in Section III F Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional gni Explain, Wetlands B and C meet the criteria for wetlands estbalished under the 1987 Manual and Regional Supplement to the 1987 Manual for Eastern Mountain and Piedmont v2. Wetlands B and C are located in small topographic depressions, do not flow to any known RPW, and are not adjacent to an RPW SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section IH.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and and Section M.D.I.; otherwise, see Section HIM below 1. TNW Identify TNW Summarize rationale supporting determination Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent' B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY). This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanoshave been met. The agencies will assert jurisdiction over non - navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year -round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year -round (perennial) flow, slop to Section M.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section IH.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III C below. 1. Characteristics of non -TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size 6 99acres Drainage area 6 99 Igaeres Average annual rainfall 40 91 inches Average annual snowfall 7 5 inches (u) Physical Characteristics, (a) Relationship with TNW ❑ Tributary flows directly into TNW ® Tributary flows through 5 tributaries before entering TNW Project waters are 3 more) aver miles from TNW Project waters are less)�river miles from RPW. Project waters are aerial (straight) miles from TNW Project waters are 1(or less) aerial (straight) miles from RPW Project waters cross or serve as state boundaries Explain Identify flow route to TNW5 Intermittent Stream A flows northeast to UT (RPW) to Little Brier Creek, to Little Brier Creek, to Brier Creek, to Stirrup Iron Creek, then to Lake Crabtree, then to Crabtree Creek, to TNW Neuse River Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West 5 Flow route can be described by identifying, e g , tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW Tributary stream order, if known Intermittent Stream A is a first order tnbutary (b) General Tnbutary Characteristics (check all that apnlv) Tributary is ® Natural ❑ Artificial (man-made) Explain ❑ Manipulated (man- altered) Explain Tributary properties with respect to top of bank (estimate) Average width 3 feet Average depth 1 feet Average side slopes 2 Primary tributary substrate composition (check all that apply) ® Silts ® Sands ❑ Concrete ❑ Cobbles ® Gravel ❑ Muck ❑ Bedrock ❑ Vegetation Type / %cover ❑ Other Explain Tributary conditton/stability [e g , highly eroding, sloughing banks] Explain fairly stable Presence of run/nffle /pool „coommplexxeess Explain evidence of riffle /pool complexes Tributary geometry Relahv�ely}straight Tributary gradient (approximate average slope) 4 % (c) Flow Tributary provides for Seasonal flow Estimate average number of flow events in review area/year k 2 Describe flow regime intermittent, water was visible in early spring months Other information on duration and volume Surface flow is �►�� Wscrete and�confined Characteristics !_ __ Subsurface flow ,:4jLk ow it Explain findings ❑ Dye (or other) test performed Tributary has (check all that apply) ® Bed and banks ® OHWM6 (check all indicators that apply) ® clear, natural lme impressed on the bank ® changes in the character of soil ❑ ❑ shelvmg ® vegetation matted down, bent, or absent ❑ leaf litter disturbed or washed away ❑ ® sediment deposition ❑ ® water staining ❑ ❑ other (list) ❑ Discontinuous OHWM 7 Explain If factors other than the OHWM were used to determ at High Tide Lme indicated by is ❑ oil or scum line along shore objects ❑ fine shell or debris deposits (foreshore) ❑ physical markings/characteristics ❑ tidal gauges ❑ other (list) the presence of litter and debns destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community me lateral extent of CWA jurisdiction (check all that apply) Mean High Water Mark indicated by ❑ survey to available datum, ❑ physical markings; ❑ vegetation lines/changes in vegetation types (iii) Chemical Characteristics: Characterize tnbutary (e g , water color is clear, discolored, oily film, water quality, general watershed characteristics, etc ) Explain Water was clear to slightly stained with tannins from leaves Identify specific pollutants, if known Pollutants likely just downstream of Int Stream A, due to commercial and residential impervious surface 'A natural or man -made discontinuity in the OHWM does not necessarily sever jurisdiction (e g , where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices) Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e g , flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break 'Ibid (iv) Biological Characteristics. Channel supports (check all that apply) ® Riparian corridor Characteristics (type, average width) 10 -50ft shrub scrub /int forested areas ® Wetland fringe Characteristics 0 05 acre ❑ Habitat for ❑ Federally Listed species Explain findings ❑ Fish/spawn areas Explain findings ❑ Other environmentally - sensitive species Explain findings ® Aquatic /wildlife diversity Explain findings aquatic ecosystem that has potential to support invertebrates, amphibians, reptiles, and mammals 2. Characteristics of wetlands adjacent to non -TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics Properties Wetland size 0 05acres Wetland type Explain Emergent Headwater Wetland quality Explain Irregularly saturated located on mineral soil with a predominance of riparian vegetation Project wetlands cross or serve as state boundaries Explain (b) General Flow Relationship with Non -TNW Flow is NoFiowl Explain Surface flow is- `ot�p%esent Characteristics Subsurface flow Yes Explain findings saturared at 1 -2" below surface adjacent to Seasonal flowing tributary ❑ Dye (or other) test performed (c) Wetland Adjacency Determination with Non -TNW ® Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection Explain ❑ Ecological connection Explain ❑ Separated by berm/baffler Explain (d) Proximity (Relationship) to TNW Protect wetlands are 30 (o Umorle) river miles from TNW Project waters are 25 -30' aerial straight) miles from TNW Flow is from a lland to navigable waters. Estimate approximate location of wetland as within the 500 yeargor great r floodplam (n) Chemical Characteristics, Characterize wetland system (e g , water color is clear, brown, oil film on surface, water quality, general watershed characteristics, etc ) Explain water is clear Identify specific pollutants, if known (in) Biological Characteristics. Wetland supports (check all that apply)* ® Riparian buffer Characteristics (type, average width) ® Vegetation type /percent cover Explain ❑ Habitat for ❑ Federally Listed species Explain findings ❑ Fish/spawn areas Explain findings ❑ Other environmentally - sensitive species Explain findings ❑ Aquatic /wildlife diversity Explain findings 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis T Approximately ( 0 05 ) acres in total are being considered in the cumulative analysis For each wetland, specify the following Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Wetland A - Yes 005 Summarize overall biological, chemical and physical functions being performed Seasonal and temporary flooding of this wetland is at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions for the uptake and transport of pollutants, nutrients, and carbon to downstream the TNW and supports wildlife diversity for invertebrates, amphibians, reptiles, and mammals C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and /or biological integrity of a TNW Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the now of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW9 • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW9 Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non -RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III D 2. Significant nexus findings for non -RPW and its adjacent wetlands, where the non -RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III D 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III D D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERSIWETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area n TNWs linear feet width (ft), Or, acres ® Wetlands adjacent to TNWs acres RPWs that flow directly or indirectly into TNWs. 1E Tributaries of TNWs where tributaries typically flow year -round are jurisdictional Provide data and rationale indicating that tributary is perennial Perremal flow observed by the consulting firm ® Tributaries of TNW where tributaries have continuous flow "seasonally" (e g, typically three months each year) are jurisdictional Data supporting this conclusion is provided at Section III B Provide rationale indicating that tributary flows seasonally Indicators of OHWM, Bed and Banks Provide estimates for jurisdictional waters in the review area (check all that apply) 0 Tributary waters 371 linear feet 3 width (ft) FRj Other non - wetland waters acres Identify type(s) of waters Non -RPWss that flow directly or indirectly into TNWs. Q Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional Data supporting this conclusion is provided at Section III C Provide estimates for jurisdictional waters within the review area (check all that apply) ® Tributary waters linear feet width (ft) M9i Other non - wetland waters acres Identify type(s) of waters 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. , Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands ® Wetlands directly abutting an RPW where tributaries typically flow year -round Provide data and rationale indicating that tributary is perennial in Section III D 2, above Provide rationale indicating that wetland is directly abutting an RPW- Wetland A (0.05 ac.), was delineated through use of the 1987 Wetland Delineation Manual and the appropriate Regional Supplement and they directly abut streams located on the property which are unanmed tributaries to Little Brier Creek. Creek that typically flows seasonally 12 Wetlands directly abutting an RPW where tributaries typically flow "seasonally " Provide data indicating that tributary is seasonal in Section III B and rationale in Section III D 2, above Provide rationale indicating that wetland is directly abutting an RPW Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. to Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are junsidictional Data supporting this conclusion is provided at Section III C Provide acreage estimates for jurisdictional wetlands in the review area acres 6. Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs. ® Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional Data supporting this conclusion is provided at Section III C Provide estimates for jurisdictional wetlands in the review area acres 7. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional g Demonstrate that impoundment was created from "waters of the US," or ® Demonstrate that water meets the criteria for one of the categories presented above (1 -6), or rol Demonstrate that water is isolated with a nexus to commerce (see E below) E. ISOLATED [INTERSTATE OR INTRA- STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY): N which are or could be used by interstate or foreign travelers for recreational or other purposes SSee Footnote # 3 9 To complete the analysis refer to the key in Section III D 6 of the Instructional Guidebook 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos d from which fish or shellfish are or could be taken and sold in interstate or foreign commerce d' which are or could be used for industrial purposes by industries in interstate commerce ® Interstate isolated waters Explain ® Other factors Explain Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply) M, Tributary waters smear feet width (ft) J] Other non - wetland waters acres Identify type(s) of waters B Wetlands acres F. NON - JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): Fm If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce ❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR) n, Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction Explain . ❑ Other (explain, if not covered above) Provide acreage estimates for non -junsdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i e , presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply) R Non - wetland waters (i e, rivers, streams) lmear feet width (ft) ® Lakes /ponds acres ® Other non - wetland waters acres List type of aquatic resource ® Wetlands 0 04acres Provide acreage estimates for non -junsdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for junsdiction (check all that apply) JE Non - wetland waters (i e , rivers, streams) Imear feet, width (ft) 0 Lakes /ponds acres ® Other non - wetland waters acres List type of aquatic resource ® Wetlands acres SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below) Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant ® Data sheets prepared/submitted by or on behalf of the applicant/consultant ❑ Office concurs with data sheets /delineation report ❑ Office does not concur with data sheets /delineation report p Data sheets prepared by the Corps Corps navigable waters' study ® U S Geological Survey Hydrologic Atlas ❑ USGS NHD data ® USGS 8 and 12 digit HUC maps U S Geological Survey map(s) Cite scale & quad name Southeast Durham Quad, 124,000 ®, USDA Natural Resources Conservation Service Soil Survey Citation Wake County, 1970 - Sheet 17 ® National wetlands inventory map(s) Cite name. ® State/Local wetland inventory map(s) ® FEMA/FIRM maps ® 100 -year Floodplam Elevation is (National Geodectic Vertical Datum of 1929) *� Photographs ❑ Aerial (Name & Date) or ❑ Other (Name & Date) Previous determination(s) File no and date of response letter ® Applicable /supporting case law ® Applicable /supporting scientific literature ® Other information (please specify) B. ADDITIONAL COMMENTS TO SUPPORT JD-