HomeMy WebLinkAbout20131091 Ver 1_401 Application_20131013O�_ W A T f;c?
O�
., o 1 3
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 11
PCN Form — Version 1.3 December 10, 2008 Version
Pre - Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the
Corps:
®Section 404 Permit E] Section 10 Permit
1b.
Specify Nationwide Permit (NWP) number: 13 & 27 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
❑ Yes
® No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes
® No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
Hatfield Project
2b.
County:
Ashe
2c.
Nearest municipality / town:
Jefferson
2d.
Subdivision name:
Flint River
2e.
NCDOT only, T.I.P. or state
project no:
N/A
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Donald Hatfield, Debroah Cleary, Robert Elliot, Suzanne Reynolds, Debroah Hatfield
3b.
Deed Book and Page No.
Deed Book 234, page 348, Deed Book 353, page 77, Deed Book 203, page 1861
3c.
Responsible Party (for LLC if
applicable):
Donald Hatfield
nn
—`--
3d.
Street address:
1097 Old NC Hwy 18,
3e.
City, state, zip:
Wilkesboro NC 28697
3f.
Telephone no.:
336- 982 -3099
3g.
Fax no.:
3h.
Email address:
debbie.hatfield @tyson.com
Page 1 of 11
PCN Form — Version 1.3 December 10, 2008 Version
4.
Ap p cant,in f ormationj if different fr-&wnerj
4a
Appii ac ntais:'
EL&:entIp Z
4bL, N4r&'
Carol Coulter
4 c
Business -- --
- name
L-ij
fo� Liqable),
- ;National Committee for the New RiverL-
4K Street�adclress
1 North Jefferson Street
tillfi-t kR L-Iz-I
West Jefferson NC 28694
Vfelepq-qkeL,'Oo--,
336-846-6267
4g
Fax no
336-846-6433
4h
Email address'
carol@ncnr org
5."
' A applicable),
- -qer66corfiu-iia-nt--Iiifo—rriiif�-on-(if
5a
Name
Glen Sullivan
5b
Business name
(if applicable)
Foggy Mountain Nursery
5c
Street address
2251 Ed Little Road
5d
City, state, zip
Creston NC 28615
5e
Telephone no
336-384-5323
5f
Fax no
336-384-3764
5g
Email address
foggymtn @skybest com
Page 2 of 11
Page 3of11
PCN Form —Version 1 3 December 10, 2008 Version
I Property Identification
la Property identification no (tax PIN or parcel ID)
09375-008-018 09375-008-019 and 09375-003
!jfA e�,(§tream,,4iy r,_-9
River
- "L -'gL"
pop edlpi6ject!
South Fork New
2b Water Quality Classification of nearest receiving water
B4ORW
3. Project Description
The project site is located in a residential area in Flint River, located approximately 1 mile up stream from the bridge over
the South Fork of the New River and South GE Gentry Road Sediment deposits in the center of the river has directed the
thalwag to the bank The bank is severely eroded due to the pressure of the water and the lack of vegetation
To repair and stabilize eroding banks by reestablishing proper bank profiles through bank reshaping and with two in-
stream structures, to improve water quality To improve habitat for aquatic fauna and to improve the overall condition of
the riparian areas at the site
Eroding banks will be reshaped to approximately 2 1, and planted with native vegetation Four (4) rock vanes will be
constructed to divert the thalwag back to the center of the river During construction a track hoe will do the work from the
bank, although the track hoe may have to access the stream to place boulders at the end of the rock vanes After
construction the banks will be seeded with native grass seed and sloped bank will be covered with erosion control matting
and anchored with livestakes and landscape staples Flat areas will be seeded and mulched with straw All areas will be
planted with livestakes (Silky Willow, Salix Sencea) (Silky Dogwood, Comus amomum) (Elderberry, Sambucus
canadensis) along with native rhododendron mtn laurel and river birch
4 Jurisdictional Determinations
pE9jtc�(!rIcluding h in the past?
pomme
yes
Page 3of11
PCN Form —Version 1 3 December 10, 2008 Version
J,!pftc , is!tory
t�H __ j
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qyestedF
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5 b If--- -- -- -FndefaiIac------f6------ - -- -- —'-
_y�s,_p�&in _cording I'help file" instructions,
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Page 4 of I I
C. Proposed Impacts Inventory
1. Impacts Summary
'�f�7,Y-,V-Iii:(Efiis—e6fio—niW6' fe�d -6611 6w- -o Ct 6h-k k�a 11, :th- �V
�_yq__Ojo Fp� p
F - 1 &6 fla j jdfs reams 7 tributa El Buffers
0 Pond Construction'
Ifffi4t4��sgilpWtUpiirp ELd,ontfhii�'Q' a'i'mppde7d)
�C _ _ T� on
2a,
2bi
zc�
2�d
26!
2fJ
-btlan-d
,W -Impact
Type ofjuris-diction'
numbe(-:�,
LT-Ypg-qfjmpA(;t
LTyp -�ketland
Forested
' -4 '--10,
(Corps, 04,
f
Area o imp@ct
Per�a;ek-(�)- o-r,
'I
(Lf.Mown�
DWQ - non-,40�, _other)
�kresy
� -- (Tf
Temporary,
Wl EIPF�T
F] Yes
El Corps
El No
El DWQ
W2 El P F� T
Yes
El Corps
El No
[-] DWQ
W3 El P F-1 T
El Yes
Ej Corps
[-] No
[:1 DWQ
W4 P F� T
El Yes
[:1 Corps
[-] No
El DWQ
W5 [:1 P F-1 T
El Yes
Corps
[:1 No
DWQ
W6 E]PnT
El Yes
Corps
E] No
[I DWQ
2g. tot-al-ikiffaiid' paii-fi
!IS
2h Comment:
,qaff- 6ts
If thdrpiar- an4 SY
Mpqct9,,(�n,_g1Qdj, g,je�mpqraM,,�ifFjjj6t n
9
,4u�rsyi 8 Of "Alor-44
dal
W,
LC
3di
3e�
�g-
Stream impact
fyl�i-�GDil?pci
ttr6a-m name
f5e-rennial
Type of jurisdiction
;kver�64
firpact
number
'(P ERY-o
(C* -4-
04, 10
stream
I ength'
Perrn4neht`(l4)-,'6�
i nte rmitferit
Md- n6n-464,1
W iqt
(iinea'
rl
'Temporary (,T-,),'
I N t,,y
oftt Ler)
_eqt)
feet)
Sl ZPFIT
Stabilization
South Fork New
EE PER
Z Corps
ill
507
River
INT
[-I DWQ
S2 0 P [-1 T
Rock Vane
South Fork New
Z PER
M Corps
ill
10
River
[:] INT
[-] DWQ
S3 ZPFIT
Rock Vane
South Fork New
Z PER
Z Corps
ill
10
River
[:1 INT
El DWQ
S4 ZPFIT
Rock Vane
South Fork New
Z PER
Z Corps
ill
10
River
El INT
El DWQ
S5 ZPFjT
Rock Vane
South Fork New
Z PER
Z Corps
ill
10
River
E:1 INT
E] DWQ
S6 Ej P F� T
Ej PER
[:] Corps
E:1 INT
[:1 DWQ
-Total streaM;qhLd:t -'�ufaCry -6�-p
547
31 Comments
Page 5 of 11
f (;r .fie"'-- �'r.._ __ ..� _
A p r! Water�lm15-i
If there',6F6, ro died Lop- lakes °- onds se tuanes tnbutanes sounds the Atlaritiedcean - r n ottie� open water -of
P P P p _ _ Y p»�_,_,
= w__ _
the U S °`,64n individual) -fist all open water, impacts below)
4a
4b
4c
4d
4e
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P ❑T
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
4f:�Total�opsen wate��impacts`
0
4g Comments
6. Pond 'or Lake Consfruction
If ° ond�o��lake`construction� ro osed,- thenxcom Wlete tF,ie�ctiart§ §below
5a
5b
5c
5d
5e
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
Sf - Total
5g Comments
5h Is a dam high hazard permit required
❑ Yes ®No If yes, permit ID no
51 Expected pond surface area (acres)
5j Size of pond watershed (acres)
5k Method of construction
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below If yes, then individually list all buffer impacts
below If any impacts require mitigation, then you MUST fill out Section D of this form
6a
❑ Neuse El Tar-Pamlico El Other
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b
6c
6d
6e
6f
6g
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
required
B1 ❑P ❑T
El Yes
❑ No
B2 ❑P ❑T
❑Yes
❑ No
El Yes
B3 ❑P ❑T
❑ No
6h Total buffer impacts
0
61 Comments
Page 6 of 11
D.-Impact
Justification and Mitigation
1
AVOId16ce'Bnd,Mlnimizatlonl
1a 4
- -' w_._ __ — �, -" x �_
Specificallydescribe measuresaaken to avoid or mirnmize the.proposedimpacts_mWdesignmg °p[oject]
This project will stabilize 547 If of eroding river bank, reduce river bank erosion, reduce in- stream sediment loads and
improve in- stream aquatic habitats Stream aesthetics will be improved with the establishment of a well vegetated and
functioning riparian zone
b
Specifically _describe "measurestaken(to avoid or minimize 'the'propose`d impacts through construction techniques
During construction, equipment will only access the stream when absolutely necessary For this project, it is anticipated
that most of the track hoe work can be accomplished from the top of the bank However, equipment may need access the
stream during the construction when no other construction alternative exists Soil disturbance will be limited to what can
seeded and stabilized in one day Banks will seeded and coir matting will be placed and anchored with wooden stakes
Flat areas will be seeded and covered with straw
2.
Compensatory Mitigation forlmpacts to Waters of -the_U S. or Waters of the State
2a
Do_esthe7 poject,require Compensatory Mitigation fob
impacts two Waters�of the U_S =or'Witers.ofWthe State?
❑Yes °No
2b
If yes, mitigation is required by (check all that apply)
❑ DWQ ❑ Corps
2c
_ _ _
If yes,_wh�ch mitigation option will be-u-_ sed for this
pro�ect?
❑_Mitigation bank
- — - -
❑_ Pay_ment to n'lieu,fee program'
❑ yermht6e#67§p9nsibIe Mitigation`
3.
CompleteifUsing 3 aMitigationYBank
3a
Name of Mitigation Bank
3b Credits Purchased (attach receipt and letter)
Type
Quantity
3c Comments
4.
CompleteYif Making a Paymentto In -lieu FeexProgram
4a Approval letter from in -lieu fee program is attached
❑ Yes
4b
Stream mitigation requested
linear feet
4c
If using stream mitigation, stream temperature
❑ warm ❑ cool ❑cold
4d
Buffer mitigation requested (DWQ only)
square feet
4e
Riparian wetland mitigation requested
acres
4f
Non - riparian wetland mitigation requested
acres
4g
Coastal (tidal) wetland mitigation requested
acres
4h
Comments
Page 7 of 11
PCN Form — Version 1 3 December 10, 2008 Version
5 Complete if Using a Permittee Responsible Mitigation Plan
5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan
6 Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? If yes, you will have to fill out this entire form — please
contact the State for more information
❑ Yes ® No
6b If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the
amount of mitigation required
Zone
6c
Reason for impact
6d
Total impact
(square feet)
Multiplier
6e
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1 5
6f Total buffer mitigation required
6g If buffer mitigation is required, discuss what type of mitigation is proposed (e g , payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund)
6h Comments
Page 8 of 11
E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
la
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
lb
If yes, then is a diffuse flow plan included? If no, explain why
❑ Yes ❑ No
Comments
2
Stormwater Management Plan
2a
What is the overall percent imperviousness of this project?
%
2b
Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c
If this project DOES NOT require a Stormwater Management Plan, explain why
2d
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan
❑ Certified Local Government
2e
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3
Certified Local Government Stormwater Review
3a
In which local government's jurisdiction is this project?
❑ Phase II
❑ NSW
3b
Which of the following locally - implemented stormwater management programs
❑ USMP
apply (check all that apply)
❑ Water Supply Watershed
❑ Other
3c Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a
Which of the following state - implemented stormwater management programs apply
❑ ORW
(check all that apply)
❑ Session Law 2006 -246
❑ Other
4b
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5
DWQ 401 Unit Stormwater Review
5a
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9 of 11
PCN Form — Version 1 3 December 10, 2008 Version
F.
Supplementary Information
1
Environmental Documentation (DWQ Requirement)
la
Does the project involve an expenditure of public (federal /state /local) funds or the
® Yes ❑ No
use of public (federal /state) land?
lb
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ® No
letter )
Comments
2.
Violations (DWQ Requirement)
2a
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated
Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B 0200)?
2bx
`ls this anafter- the -fact permit applications
❑ryes
2c
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s)
3
Cumulative Impacts (DWQ Requirement)
3a
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy If you answered "no," provide a short narrative description
4
Sewage Disposal (DWQ Requirement)
4a
Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility
Page 10 of 11
PCN Form — Version 1 3 December 10, 2008 Version
S. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a Will this project occur in or near an area with federally protected species or
® Yes ❑ No
habitat?
5b Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
El Raleigh
5c If yes, indicate the USFWS Field Office you have contacted
❑ Asheville
5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
US Fish and Wildlife Service website http / /www fws gov /nc -es /es /countyfr html
6 Essential Fish Habitat (Corps Requirement)
6a Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b What data sources did you use to determine whether your site would impact Essential Fish Habitat?
http //ocean flondamanne org /efh_ coral /ims /viewer htm
7 Historic or Prehistoric Cultural Resources (Corps Requirement)
7a Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e g , National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b What data sources did you use to determine whether your site would impact historic or archeological resources?
National Register of Historic Places athttp / /www hpo ncdcr gov /nrlist htm
8 :Flood Zone,Designaticto (Corps Requirement)
8a Wdl'thinproject occtar in a�FEMA-d "esignated 100 year floodplain?
®Yes ) ; ❑ No
�`
8b 'if yes, expl6m1h2o w protectxmeets FEMA requirements The protect will not impede flood waters
8c Whatsou�ee(s) didNyou use to make the floodplain deter-mination ?jhttp / /ashegis ashecountygov com /webgis/
Glen Sullivan
1
- - - - -
October 7,
2013
Applicant/Agent's-,Printed Name
_ 1 _ ___ Applicant/Agent's Signature
Date
(Agent_ 's signature is valid only if an authonz_a_tio_n letter _from the applicant
is provided
Page 11 of 11
1, designate Glen Sullivan of Foggy Mountain
Nursery to act as y dul authorized agent concerning all US Army Corps of
Engineers and NC DENR permitting regarding the streambank restoration project
on my property in County, NC.
Name
'3y-q flmi Rwtv OVI'Oc
Address
33� -R8a - 369q
Phone number
bi ". ha + +k e-0" ,
E -mail address
Signature
Fax number
7-1 - 6;�6;
Date
I, GLIJ � -��-I 61 designate Glen Sullivan of Foggy Mountain
Nursery to act as my duly authorized agent concerning all US Army Corps of
Engineers and NC DENR permitting regarding the streambank restoration project
on my property in }5County, NC.
..G
a6
Address
C., i foc
/t- �,
33G -- 2 2,�I— 2rZ9 (?'12L) — 336 , 7&/333f
Phone number Fax number
a PL� i:C f a i fz L(+vJ )::--t 2 u._. , Coo
E -mail addr
s
Signature L Date
tiN, _
e4 DEPARTMENT STATES
INTERIOR
LAUREL SPRINGS QUADRANGLE
NOIRH G
°, GP.OfAGICAL SURVEY 2.! MINI 9ERIE3 ROIINA (SpROURAPHICj OS
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LAURA SPRINGS, N. C.
HS— Na113I1.6
"NdMldM Pe Yglrebfele�M lmce ud l:W hweee IPe�WCB. u. s. s[e �WaY(',. aEEMa.• �'N }2W!
adldNdWemeW pelyyM, ilia iMerredmbraaliWd ••MOP WTONen/neo eee sdPaun ew dquUl IPN
.aPe ae M Pile "PeaNP.r"n tl.IwNnib d was RM Iv xa -uan nn
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\ate �. �' � ,, ,.-��.. E �,,
O
At
PIAN
HATFIELD
mmummom qm m
60 0 60 120\ \ 180
PROJECT GRAPHIC SCALE — FEET , �\
S
NOTE
Steps and birch tree
will be preserved
O
f, Rock Vane @
p 0 +56
KEY
Bank r"loping
0
Rock Vane I
Toe Rock
Note All work areas are epprowmate
ROBERT ELLIOT AND SUSANNE REYNOLDS
DEED BOOK 203 PAGE 1861
NOTE
547 feet of re- sloped
bank will be planted
with Ilvestakes and S
native plants
as
VICINITY MAP
P'?L X ROBERT ELLIOT AND SUSANNE REYNOLDS \
/' DONALD HATFIELD /
DEED BOOK 353 PAGE 77
FLINT RIVER /
PLAT BOOK 5, PAGE 340
l 19
f 547 ft of bank /
re- sloping
=fI I II I -1 I I I iEl = -
gg -�II
Rock Vane @ 0
%-4 2 +09
-- -- SOUTH 0D
FORK NEW RIVER 'o w
41�
Cep
`mw
tM
tt�
7� I
an
tw
DONALD HATFIELD AND DEBROAH CLEARY
DEED BOOK 234, PAGE 348
PRESERVE ON THE NEW RIVER
PLAT BOOK 5, PAGE 314
FIGURE 5. Typical bank reshaping and revegetation plan.
Cross - section view before work (existing condition)
Pasture grasses, little valve for bank
stabilization or stream shading.
Vertical bank showing area to be
reshaped.
14
y
A- s I' ".a- i+ rH .. R ` ,�s a �" 'a M'� '. "� e► w r '� � * Y .
Cross- section view after work
Rooted trees, 2' to 6' tall.
AIL-AD
Herbaceous vegetation.
Live stakes 18" to 24" in length.
Erosion control blanket 4
8 ft wide anchored with
wooden stakes /live stakes.
r. Jq 7 > �, � ` < -� -- yr N "[. •' � r.� ��; Nei � ��II 1�I1
M's `:,y - •• �. "' ', w' ""`�. � s. Water level
oil e!
-..�•� �;`'. Y ii,r *e �' -.�•+a,. i'.'ta�,;�, ''� °,,.`,L�.. :i"
errs.'. �►.''.Wi ...� s:` J ? t!� >.:tit at1��.yyv�:A�C
FIGURE 6. Typical rock vane structure showing plan and cross - section views. Photograph
shows a rock vane constructed in the South Fork New River at the Wagoner Road Access, New
River State Park.
PLAN VIEW
Scour hole
CROSS - SECTION VIEW
7 Footer rocks
Top rocks
Bankfull bench
2
APPROVED JURISDICTIONAL DETERMINATION FORM
U S Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD).
B DISTRICT OFFICE, FILE NAME, AND NUMBER:Western Peidmont Region Coordinator 3855 Idlewild Road Kernerville
NC 27284 -9180
C PROJECT LOCATION AND BACKGROUND INFORMATION -
State NC County/parish /borough Ashe City Jefferson
Center coordinates of site (lat/long in degree decimal format) Lat 36 25321 N, Long -81 2208° W
Universal Transverse Mercator
Name of nearest waterbody
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows
Name of watershed or Hydrologic Unit Code (HUC)
® Check if map /diagram of review area and /or potential jurisdictional areas is /are available upon request
Check if other sites (e g , offsite mitigation sites, disposal sites, etc ) are associated with this action and are recorded on a
different JD form
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination Date
Z Field Determination Date(s) October 7th 2013
SECTION Ii• SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION
There are and' are. not "navigable waters of the US " within Rivers and Harbors Act (RHA) Jurisdiction (as defined by 33 CFR part 329) in
the review area [Required]
® Waters subject to the ebb and flow of the tide
Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce
Explain Waters used for recreational canoeing/kayaking and fishing
B CWA SECTION 404 DETERMINATION OF JURISDICTION
There Kre ` waters of the U S " within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area [Required]
1. Waters of the U.S.
a Indicate presence of waters of U S in review area (check all that apply)- i
TNWs, including territorial seas
❑ Wetlands adjacent to TNWs
❑ Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
® Non -RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
® Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs
❑ Impoundments ofjurisdictional waters
® Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U S in the review area:
Non - wetland waters 547 linear feet 111 width (ft) and /or 1 39 acres
Wetlands 0 acres
c Limits (boundaries) of jurisdiction based on Estblishedby OHW4M:
Elevation of established OH WM (if known)
2. Non - regulated waters /wetlands (check if applicable) :3
❑ Potentially jurisdictional waters and /or wetlands were assessed within the review area and determined to be not jurisdictional
Explain
Boxes checked below shall be supported by completing the appropriate sections in Section III below
Z for purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year -round or has continuous flow at least "seasonally"
(e g , typically 3 months)
3 Supporting documentation is presented in Section IiI F
SECTION III CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1, only, if the aquatic resource is a wetland adjacent to a TNW, complete Sections IIi A 1 and 2
and Section III.D I., otherwise, see Section III B below
1 TNW
Identify TNW South Fork New River
Summarize rationale supporting determination
2 Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent"
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (iF ANY)
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met
The agencies will assert jurisdiction over non - navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year -round or have continuous flow at least seasonally (e g , typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year -round
(perennial) flow, skip to Section III.D.2 If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law
If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both If the JD covers a tributary with adjacent wetlands, complete Section III B 1 for
the tributary, Section III B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.0 below.
I Characteristics of non -TNWs that flow directly or indirectly into TNW
(i) General Area Conditions-
Watershed size Piick,I ist
Drainage area ck LI
Average annual rainfall inches
Average annual snowfall inches
(u) Physical Characteristics
(a) Relationship with TNW
❑ Tributary flows directly into TNW
❑ Tributary flows through Pick List tributaries before entering TNW
Project waters are —'ck` is' river miles from TNW
Project waters are ickX.ist river miles from RPW
Project waters are Pick i is aerial (straight) miles from TNW
Project waters are PW! A' aerial (straight) miles from RPW
Project waters cross or serve as state boundaries Explain
Identify flow route to TN W5
Tributary stream order, if known
' Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid
West
' Flow route can be described by identifying, e g , tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW
(b) General Tributary Characteristics (check all that apply)
Tributary is ❑ Natural
❑ Artificial (man -made) Explain
❑ Manipulated (man - altered) Explain
Tributary properties with respect to top of bank (estimate)
Average width feet
Average depth feet
Average side slopes �_i i.
Primary tributary substrate composition (check all that apply)
❑ Silts ❑ Sands
❑ Cobbles ❑ Gravel
❑ Bedrock ❑ Vegetation Type /% cover
❑ Other Explain
❑ Concrete
❑ Muck
Tributary condition /stability [e g , highly eroding, sloughing banks] Explain
Presence of run/riffle /pool complexes Explain
Tributary geometry fiffliffiffilt
Tributary gradient (approximate average slope) %
(c) Flow
Tributary provides for i s
Estimate average number of flow events in review area/year is ' t
Describe flow regime
Other information on duration and volume
Surface flow is Pi lost Characteristics
Subsurface flow P'c jjsL Explain findings
❑ Dye (or other) test performed
Tributary has (check all that apply)
❑ Bed and banks
❑ OHWM6 (check all indicators that apply)
❑ clear, natural line impressed on the bank
❑
❑ changes in the character of soil
❑
❑ shelving
❑
❑ vegetation matted down, bent, or absent
❑
❑ leaf litter disturbed or washed away
❑
❑ sediment deposition
❑
❑ water staining
❑
❑ other (list)
❑ Discontinuous OHWM 7 Explain
If factors other than the OHWM were used to determ
High Tide Line indicated by
❑ oil or scum line along shore objects
❑ fine shell or debris deposits (foreshore)
❑ physical markings /characteristics
❑ tidal gauges
❑ other (list)
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
ne 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
(m) Chemical Characteristics:
Characterize tributary (e g , water color is clear, discolored, oily film, water quality, general watershed characteristics, etc )
Explain
Identify specific pollutants, if known
6A 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
(w) Biological Characteristics. Channel supports (check all that apply)
❑ Riparian corndoi Characteristics (type, average width)
❑ Wetland fringe Characteristics
❑ Habitat for
❑ Federally Listed species Explain findings
❑ Fish /spawn areas Explain findings
❑ Other environmentally - sensitive species Explain findings
❑ Aquatic /wildlife diversity Explain findings
2 Characteristics of wetlands adjacent to non -TNW that flow directly or indirectly into TNW
(i) Physical Characteristics.
(a) General Wetland Characteristics
Properties
Wetland size acres
Wetland type Explain
Wetland quality Explain
Project wetlands cross or serve as state boundaries Explain
(b) General Flow Relationship with Non -TNW
Flow is ick L Explain
Surface flow is. Pick ist
Characteristics
Subsurface flow Pick )List Explain findings
❑ Dye (or other) test performed
(c) Wetland Adjacency Determination with Non -TNW
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection Explain
❑ Ecological connection Explain
❑ Separated by berm/barrier Explain
(d) Proximity (Relationship) to TNW
Project wetlands are ick Nst river miles from TNW
Project waters are Pick ist aerial (straight) miles from TNW
Flow is from ►ck List.
Estimate approximate location of wetland as within the Pic Ms floodplam
(u) Chemical Characteristics
Characterize wetland system (e g , water color is clear, brown, oil film on surface, water quality, general watershed
characteristics, etc ) Explain
Identify specific pollutants, if known
(m) 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 an
All wetland(s) being considered in the cumulative analysis %� clot,► t
Approximately ( ) acres in total are being considered in the cumulative analysis
For each wetland, specify the following
Directly abuts? (Y/N) Size (in acres) Directly abuts9 (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and /or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e g between a
tributary and its adjacent wetland or between a tributary and the TNW) Similarly, the fact an adjacent wetland Iles 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 TNW9
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs9
• 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 WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY)
1. TNWs and Adjacent Wetlands Check all that apply and provide size estimates in review area
Z TNWs 547 linear feet 111 width (ft), Or, 139 acres
® Wetlands adjacent to TNWs 0 acres
2 RPWs that flow directly or indirectly into TNWs.
❑ Tributaries of TNWs where tributaries typically flow year-round are jurisdictional Provide data and rationale indicating that
tributary is perennial
Tributaries of TNW where tributaries have continuous flow "seasonally" (e g, typically three months each year) are
jurisdictional Data supporting this conclusion is provided at Section III B Provide rationale indicating that tributary flows
seasonally
Provide estimates for jurisdictional waters in the review area (check all that apply)
n Tributary waters linear feet width (ft)
Other non - wetland waters acres
Identify type(s) of waters
3 Non -RPWs8 that flow directly or indirectly into TNWs.
® Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional Data supporting this conclusion is provided at Section iII C
Provide estimates for jurisdictional waters within the review area (check all that apply)
Tributary waters linear feet width (ft)
Other non - wetland waters acres
Identify type(s) of waters
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
�] Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands
rA Wetlands directly abutting an RPW where tributaries typically flow year -round Provide data and rationale
indicating that tributary is perennial in Section III D 2, above Provide rationale indicating that wetland is
directly abutting an RPW
❑ Wetlands directly abutting an RPW where tributaries typically flow "seasonally " Provide data indicating that tributary is
seasonal in Section III B and rationale in Section III D 2, above Provide rationale indicating that wetland is directly
abutting an RPW
Provide acreage estimates for jurisdictional wetlands in the review area acres
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs
❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are 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 ajurisdictional tributary remains jurisdictional
® Demonstrate that impoundment was created from "waters of the U S ," or
Demonstrate that water meets the criteria for one of the categories presented above (1 -6), or
❑ Demonstrate that water is isolated with a nexus to commerce (see E below)
E. ISOLATED [INTERSTATE OR INTRA- STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY) 10
❑ which are or could be used by interstate or foreign travelers for recreational or other purposes
n from which fish or shellfish are or could be taken and sold in interstate or foreign commerce
❑, which are or could be used for industrial purposes by industries in interstate commerce
Q Interstate isolated waters Explain
❑ Other factors Explain
Identify water body and summarize rationale supporting determination
'See Footnote # 3
0 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
Provide estimates for Jurisdictional waters in the review area (check all that apply)
❑ Tributary waters linear feet width (ft)
❑_ Other non - wetland waters acres
Identify type(s) of waters
[] Wetlands acres
NON - JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY)
® If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and /or appropriate Regional Supplements
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR)
❑ Waters do not meet the "Significant Nexus" standard, where such a finding is required for Jurisdiction Explain
❑ Other (explain, if not covered above)
Provide acreage estimates for non - jurisdictional waters in the review area, where the sole potential basis of Jurisdiction is the MBR
factors (i e , presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
Judgment (check all that apply)
® Non - wetland waters (i e , rivers, streams) linear feet width (ft)
3 Lakes /ponds acres
® Other non - wetland waters acres List type of aquatic resource
❑ Wetlands acres
Provide acreage estimates for non - jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for Jurisdiction (check all that apply)
® Non - wetland waters (i e , rivers, streams) linear feet, width (ft)
Lakes /ponds acres
❑ Other non - wetland waters acres List type of aquatic resource
Wetlands acres
SECTION IV: DATA SOURCES
A SUPPORTING DATA Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below)
Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant
® Data sheets prepared /submitted by or on behalf of the applicant/consultant
❑ Office concurs with data sheets /delineation report
❑ Office does not concur with data sheets /delineation report
❑ Data sheets prepared by the Corps
❑ Corps navigable waters' study
❑ U S Geological Survey Hydrologic Atlas
❑ USGS NHD data
❑ USGS 8 and 12 digit HUC maps
® U S Geological Survey map(s) Cite scale & quad name
Q USDA Natural Resources Conservation Service Soil Survey Citation
❑ 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)
®a 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: