20130765 Ver 2_Jurisdictional Determination_20140220

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2014-00201 County: Craven U.S.G.S. Quad: New Bern, NC
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Prooerty Owner: NAD Development LLC Agent: Mr. John Thomas
c/o Mr. Nolan Svdes Thomas Engineering, PA
Address: P.O. Box 7122 Address: P.O. Box 1309
Jacksonville, North Carolina 28540 New Bern, North Carolina 28563
910-455-6956 252-637-2727
Property description: The 63.3 acre property is partial1v wooded and partial1v open field dominated by grasses. Nine
isolated, emergent and wooeded wetlands are scattered throughout the wooded portion of the property. The area is
domintated by red bav and bald cvpress.
Size (acres) 63.3 Nearest Town New Bern
Nearest Waterway UT Trent River River Basin Trent River
USGS HUC Lower Neuse Coordinates 35.0541N; -77.0964W
Location description: The site lies between Croatan Lane and SR 1004 (Brices Creek Road) on SR 1144 (Crump
Farm Road) directly south of Hanes Farm Road in New Bern, Craven Countv, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
_ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). If you wish, you may
request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may
provide new information for further consideration by the Corps to reevaluate the JD.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property 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.
_ There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
_ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
_ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on _. 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.
X There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
Page 1 of 2

published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(LAMA). You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to
determine their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact at
C. Basis For Determination The isolated waters exhibit wetland criteria as described in the 1987 Corps Wetland
Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement to the 1987 Wetland Delineation
Manual; however, no jursidictional connection exists between these features and a regulated water of the US. The
features are deep depressions referred to as Carolina Bays.
D. Remarks None
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland 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. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by 4 April 2014.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**HSFFS✓FN JV�/Qi24964364 Ejhjibn,,Ijhofe!cz!HSFF&FNJ\YJ1Y2496436411!
EQ!d>VT4p>V/T/!Hpvf son f ou!pv>EpE4pv>Q-,P.
pv>VTB4do> HSFFSFN.l=496436411 !
Corps Regulatory Official: EbLf;!3125/13/14!25;59;4: !16(11(
Date: 3 February 2014 Expiration Date: 3 February 2019
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to
do so, please complete the attached customer Satisfaction Survey or visit hqp://per2.nwp.usace.aDM.mil/survey,, to
complete the survey online.
Copy furnished:
Mr. Scott Stone, Environmental and Soil Services, Inc.
via email

Mr. Anthony Scarbraugh, NCDENR-DWR
via email

SE TIC)N 1= The following identif cs your rights and options regarding an administrative appeal of the above decision.
Additional information maybe found at ho.//www,-asace.gM.mil/inct/functions/ew/ceewo/reg or,
Corps regulations at 33 CFR Fart 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
Applicant:
NAD
Development
c/o
Mr.
Nolan
S des
File
Number:
SAW -2014-00201
Date:
11,1,1111
3 Februa
2014
Attached is:
See Section below
F-11 INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
❑ PROFFERED PERMIT Standard Permit or Letter ofpermission
B
PERMIT DENIAL
C
�❑ APPROVED JURISDICTIONAL DETERMINATION
D
[ZPRELIMINARY JURISDICTIONAL DETERMINATION
E
SE TIC)N 1= The following identif cs your rights and options regarding an administrative appeal of the above decision.
Additional information maybe found at ho.//www,-asace.gM.mil/inct/functions/ew/ceewo/reg or,
Corps regulations at 33 CFR Fart 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION, II = REQUEST FOR. APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF-CONTACTIOR QUESTIONS,OR INFORMATION.,
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Ms. Emilv Greer
CESAD-PDO
2407 West 51" Street
U.S. Army Corps of Engineers, South Atlantic Division
Washington, North Carolina
60 Forsyth Street, Room 10M15
27889
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunit to participate in all site investiations.
Date:
Telephone number:
Signature of appellant oragent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Ms. Emily Greer, 2407 West 5th Street, Washington,
North Carolina 27889
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room IOM15, Atlanta, Georgia 30303-8801
Phone: [phone].

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): February 3, 2014
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Sydes, Nolan /
Lindenrain Subdivision / Isolated JD, SAW -2014-00201
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State: North Carolina County/parish/borough: Craven City: New Bern
Center coordinates of site (lat/long in degree decimal format): Lat. 35.05411, Long. -77.09641
Universal Transverse Mercator: 18 308811.39 3881052.01
Name of nearest waterbody: UT Trent River
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Reedy
Branch
Name of watershed or Hydrologic Unit Code (HUC): Lower Neuse. North Carolina., 3020204
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon
request.
❑ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this
action and are recorded on a different JD form:
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 3 October 2014
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are n6 "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as
defined by 33 CFR part 329) in the review area. [Required]
❑ Waters subject to the ebb and flow of the tide.
❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport
interstate or foreign commerce. Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters of the 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
'Boxes checked below shall be supported by completing the appropriate sections in Section III below.
6

❑ Wetlands adjacent to TNWs
F-1Relativelypermanent waters (RPWs) that flow directly or indirectly into TNWs
❑ Non-RPWs that flow directly or indirectly into TNWs
❑ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into
TNWs
❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
❑ Impoundments of jurisdictional waters
® Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non -wetland waters: linear feet, wide, and/or acres.
Wetlands: 2.91 acres.
c. Limits (boundaries) of jurisdiction based on:
Elevation of established OHWM (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: Nine Carolina Bays exist onsite and were not
found to have a hydrological connection to other waters of the US.
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 IILA.1 and Section IILD.1. only; if the aquatic resource is
a wetland adjacent to a TNW, complete Sections IILA.1 and 2 and Section IILD.1.; otherwise,
see Section IILB below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT
WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent
wetlands, if any, and it helps determine whether or not the standards for jurisdiction established
under Rapanos have been met.
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).
s Supporting documentation is presented in Section IILF.

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 IILD.2. If the aquatic resource is a wetland directly
abutting a tributary with perennial flow, skip to Section IILD.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 IILB.1 for the tributary, Section
IILB.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary,
both onsite and offsite. The determination whether a significant nexus exists is determined in
Section IILC below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Pick List
Drainage area: Fick List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
❑ Tributary flows through Pick List tributaries before entering TNW.
Project waters are Pick List river miles from TNW.
Project waters are Pick List river miles from RPW.
Project waters are Pick List aerial (straight) miles from TNW.
Project waters are Pick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5:
Tributary stream order, if known:
' 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.
8

(b) General Tributary Characteristics (check all that aply):
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: Pick List.
Primary tributary substrate composition (check all that apply):
❑ Silts ❑ Sands ❑ Concrete
❑ Cobbles ❑ Gravel ❑ Muck
❑ Bedrock ❑ Vegetation. Type/% cover:
❑ Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: Pick List
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: Pick List
Estimate average number of flow events in review area/year: Pick List
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pick List. Characteristics:
Subsurface flow: Pick List. 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 ❑ the presence of litter and debris
❑ changes in the character of soil❑ destruction of terrestrial vegetation
❑ shelving ❑ the presence of wrack line
❑ vegetation matted down, bent, or absent ❑ sediment sorting
❑ leaf litter disturbed or washed away ❑ scour
❑ sediment deposition ❑ multiple observed or predicted flow events
❑ water staining ❑ abrupt change in plant community
❑ other (list):
F-1Discontinuous OHWM.' Explain:
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.
7Ibid.

If factors other than the OHWM were used to determine lateral extent of CWA
jurisdiction (check all that apply)
❑ High Tide Line indicated by: ❑ Mean High Water Mark indicated by:
❑ oil or scum line along shore objects ❑ survey to available datum;
❑ fine shell or debris deposits (foreshore) ❑ physical markings;
❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation
types.
❑ tidal gauges
❑ other (list):
(iii)Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general
watershed characteristics, etc.). Explain:
Identify specific pollutants, if known:
(iv)Biological Characteristics. Channel supports (check all that apply):
❑ Riparian corridor. Characteristics (type, average width):
❑ Wetland fringe. Characteristics:
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
❑ Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General 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: Pick List. Explain:
Surface flow is: Pick List
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:
10

(d) Proximity (Relationship) to TNW
Project wetlands are Fick List river miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the Pick List floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water
quality; general watershed characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii)Biological Characteristics. Wetland supports (check all that apply):
❑ Riparian buffer. Characteristics (type, average width):
❑ Vegetation type/percent cover. Explain:
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
❑ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick List
Approximately acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (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 lies within or outside of a floodplain is
not solely determinative of significant nexus.
Mi

Draw connections between the features documented and the effects on the TNW, as identified in
the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider
include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry
pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching
a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle
support functions for fish and other species, such as feeding, nesting, spawning, or rearing young
for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer
nutrients and organic carbon that support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to
the physical, chemical, or biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to
occur should be documented below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or
indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based
on the tributary itself, then go to Section IIID:
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 IILD:
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 IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT
WATERS/WETLANDS ARE (CHECK ALL THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
❑ TNWs: linear feet, wide, Or acres.
❑ Wetlands adjacent to TNWs: 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):
❑ Tributary waters: linear feet wide.
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
12

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 IILC.
Provide estimates for jurisdictional waters within the review area (check all that apply):
❑ Tributary waters: linear feet, wide.
❑ 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 IILD.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 IILB 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 jurisidictional. 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.
❑ 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
'See Footnote # 3.
9 To complete the analysis refer to the key in Section IILD.6 of the Instructional Guidebook.
13

AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL
THAT APPLY):lo
❑ which are or could be used by interstate or foreign travelers for recreational or other purposes.
❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
❑ which are or could be used for industrial purposes by industries in interstate commerce.
❑ Interstate isolated waters. Explain:
❑ Other factors. Explain:
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
❑ Tributary waters: linear feet, wide.
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
❑ Wetlands: acres.
F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT
APPLY):
❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in
the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional
Supplements.
® Review area included isolated waters with no substantial nexus to interstate (or foreign)
commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been
regulated based solely on the "Migratory Bird Rule" (MBR).
❑ Waters do not meet the "Significant Nexus" standard, where such a finding is required for
jurisdiction. Explain:
❑ Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential
basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered
species, use of water for irrigated agriculture), using best professional judgment (check all that apply):
❑ Non -wetland waters (i.e., rivers, streams): linear feet, wide.
❑ 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, wide.
❑ Lakes/ponds: acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
® Wetlands: 2.91 acres. Area A: 0.98 acre, Area B: 0.22 acre, Area C: 0.48 acre, Area D: 0.05 acre,
Area E: 0.12 acre, Area F: 0.54 acre, Area G: 0.33 acre, Area J: 0.07 acre, Area L 0.12 acre.
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.
14

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: Maps, plat
® 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: Lower Neuse
❑ USGS NHD data.
® USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: 1:24K; NC -NEW BERN
® USDA Natural Resources Conservation Service Soil Survey. Citation:
http://casoilresource.lawr.ucdavis.edu/soil web/kml/mapunits.kml
® National wetlands inventory map(s). Cite name: http://www.fws.gov
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date): Google Earth 2013
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: The nine Carolina Bays are precipitation and
groundwater driven with no potential for a surface connection to a regulated water as there were
no other features were observed on the property. Attached is a 2013 survey plat of each location.
The Carolina Bays are relatively small with and support a monotypic emergent vegetation
community or bald cypress. No surficial hydrolocial connection to other waters was observed.
Additionally, there is no potential to support commercial or recreational use in these features.
15

WETLAND LINE DATA ,
LNE DATA 11AAN IJN[DATA-T—lIN—TA
rolnn _ Llned N Dist e#. Hcar rg pst Lne# rng
ANF
pec r .I 6`J HI- _ -
12
INSET A
NO. KEVISION5 DAF APP'D.
WETLANDS SURVEY
1.EKBERT J. NOBLES, JK,
PROFE5s IONALLAN D 5UPVEYOR
DATE: 5EF-, 04, 2013
SCALE: 1^=80'-0"
SdEET 2 Of 2
CURRENT PROPERTY OWNER
1a,
I'L703
NAD DEVELOPMENT, LLC --
NAD DEVELOPMENT, LLC
uNosuRvrnNeONfR,Y CEVEL of.w-Nr
PLor: uNOENPw.w vdEr
PO BOX 7122
NO. I KVP. CRAVEN CO. N.G-
f KOPEK EVAL-1-5
JACKSONVILLE, NC 25540111-11-11.10,C
... ze=. L5
DRAWN BYE n3N
PKOJ # LNDEVRAIN
L.a- 745 -5951