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HomeMy WebLinkAbout20140477 Ver 1_401 Application_20140514o�oF wAr�goG o < 20 1 40 4,717 ;1 F WT a °y F; ( Office Use Only Corps action ID no SAW- 2014 -00440 DWQ project no Form Version 1 3 Dec 10 2008 w- . wAmA ouArK I MAY - 3 2014 vu.� 3�weo.r &er�an Page 1of11 1?e ��� PCN Form —Version 1 3 December 10, 2008 °Versidn 6 Pre - Construction Notification (PCN) Form A. Applicant Information 1 Processing la Type(s) of approval sought from the Corps FEISection 404 Permit ®Section 10 Permit lb Specify Nationwide Permit (NWP) number or General Permit (GP) number 1c Has the NWP or GP number been verified by the Corps? ❑ Yes ❑ No 1 d Type(s) of approval sought from the DWQ (check all that apply) ❑ 401 Water Quality Certification — Regular ® Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization le 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 1h below ❑ Yes ® No 1h Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a Name of project Sketch Design Daniels & Daniels Development of Goldsboro, LLC 2b County Wayne 2c Nearest municipality / town Goldsboro 2d Subdivision name Sketch Design Daniels & Daniels Development of Goldsboro, LLC 2e NCDOT only, T I P or state project no n/a — 3. Owner Information 3a Name(s) on Recorded Deed J &J Daniels Farming Enterprises, LLC t 1"A' i 3b Deed Book and Page No Deed Book 2817, Pages 843 -844 tiZZ 74 2014 3c Responsible Party (for LLC if applicable) Jeff Daniels 3d Street address PO Box 10337` 3e City, state, zip Goldsboro, NC 27532 -0337 3f Telephone no 919 - 778 -4525 3g Fax no 919- 778 -6850 3h Email address jeffd @danddcc com w- . wAmA ouArK I MAY - 3 2014 vu.� 3�weo.r &er�an Page 1of11 1?e ��� PCN Form —Version 1 3 December 10, 2008 °Versidn 6 4. Applicant Information (if different from owner) 4a Applicant is ® Agent ❑ Other, specify 4b Name Richard "Mike" Benton 4c Business name (if applicable) Benton & Associates Land Surveying and Mapping, P A 4d Street address 119 E Walnut Street 4e City, state, zip Goldsboro, NC 27530 4f Telephone no 919 - 735 -0440 4g Fax no 919 - 735 -0840 4h Email address mbenton @bentonandassociatesnc com 5. Agent/Consultant Information (if applicable) 5a Name Richard "Mike" Benton 5b Business name (if applicable) Benton & Associates Land Surveying and Mapping, P A 5c Street address 119 E Walnut Street 5d City, state, zip Goldsboro, NC 27530 5e Telephone no 919 - 735 -0440 5f Fax no 919- 735 -0840 5g Email address mbenton @bentonandassociatesnc com Page 2 of 11 B. Project Information and Prior Project History 1. Property Identification 1a Property identification no (tax PIN or parcel ID) 043527273569 lb Site coordinates (in decimal degrees) Latitude 35 331372 Longitude - 77 918486 (DD DDDDDD) ( -DD DDDDDD) 1c Property size 24 73 acres 2 Surface Waters 2a Name of nearest body of water (stream, river, etc ) to Fellows Branch proposed project 2b Water Quality Classification of nearest receiving water C,NSW 2c River basin map is available at Middle Neuse http //h2o enr state nc us /adman /maps/ 3. Project Description 3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application The property is currently a mix of agricultural and woodsland 3b List the total estimated acreage of all existing wetlands on the property 03022 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property None 3d Explain the purpose of the proposed project Proposed single family subdivision 3e Describe the overall project in detail, including the type of equipment to be used This proposed residential development will be a subdivision of land into lots for single family dwellings This development includes roads, in ground water lines, in ground sanitary sewer, in ground and above ground storm water structures Site conditions are typical of this type of development and we could expect standard construction methods and equipment Construction plans, including erosion and sedimentation control, will be submitted and approved prior to the start of construction Page 3 of 11 PCN Form — Version 1 3 December 10, 2008 Version 4. Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / Yes ❑ No Unknown project (including all prior phases) in the past? Comments 4b If the Corps made the jurisdictional determination, what type ❑ Preliminary ® Final of determination was made? 4c If yes, who delineated the jurisdictional areas? Agency /Consultant Company US Corps of Engineers Name (if known) Emily C Greer Other 4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation March 11, 2013 5. Project History 5a Have permits or certifications been requested or obtained for ❑ Yes ® No ❑ Unknown this project (including all prior phases) in the past? 5b If yes, explain in detail according to "help file" instructions 6. Future Project Plans 6a Is this a phased project? ® Yes ❑ No 6b If yes, explain This project is proposed to be divided into four phases consisting of approximately 10 lots in each phase Page 4 of 11 C. Proposed Impacts Inventory 1 Impacts Summary la Which sections were completed below for your project (check all that apply) ® Wetlands ❑ Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted 2a 2b 2c 2d 2e 2f Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T W1 ®P ❑ T Fill ❑ Yes ® No ❑ Corps ® DWQ 03022 ❑ Yes ❑ Corps W2 ❑ P ❑ T ❑ No ❑ DWQ ❑ Yes ❑ Corps W3 ❑ P ❑ T ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ ❑ Yes ❑ Corps W5 ❑ P ❑ T ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ 2g. Total wetland impacts 2h Comments 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted 3a 3b 3c 3d 3e 3f 3g Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ ❑ PER ❑ Corps S2 ❑ P ❑ T ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ ❑ PER ❑ Corps S5 ❑ P ❑ T ❑ INT ❑ DWQ ❑ PER ❑ Corps S6 ❑ P ❑ T ❑ INT ❑ DWQ 3h Total stream and tributary impacts 31 Comments Page 5 of 11 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U S then individually list all open water impacts below 4a 4b 4c 4d 4e Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P ❑T 02 ❑P ❑T 03 ❑P [IT 04 ❑P ❑T 4f. Total open water impacts 4g Comments 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below 5a 5b 5c 5d 5e Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g Comments 5h Is a dam high hazard permit required ❑ Yes ❑ No If yes, permit ID no 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 ❑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 El Yes B1 ❑P ❑T ❑ No F1 Yes B2 ❑P ❑T ❑ No F-1 Yes B3 ❑P ❑T ❑ No 6h Total buffer impacts 61 Comments Page 6 of 11 D. Impact Justification and Mitigation 1. Avoidance and Minimization la Specifically describe measures taken to avoid or minimize the proposed impacts in designing project b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a Does the project require Compensatory Mitigation for impacts to Waters of the U S or Waters of the State? ❑ Yes ® No 2b If yes, mitigation is required by (check all that apply) ❑ DWQ ❑ Corps 2c If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a Name of Mitigation Bank 3b Credits Purchased (attach receipt and letter) Type Quantity 3c Comments 4. Complete if Making a Payment to In -lieu Fee Program 4a Approval letter from in -lieu fee program is attached ❑ Yes 4b Stream mitigation requested linear feet 4c If using stream mitigation, stream temperature ❑ warm ❑ cool ❑cold 4d Buffer mitigation requested (DWQ only) square feet 4e Riparian wetland mitigation requested acres 4f Non - riparian wetland mitigation requested acres 4g Coastal (tidal) wetland mitigation requested acres 4h Comments 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 [:1 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 1 a Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b If yes, then is a diffuse flow plan included? If no, explain why ❑ 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? Washington Regional Office ❑ 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)? 1c 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 E:1 No letter ) Comments 2. Violations (DWQ Requirement) 2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B 0200)? 2b Is this an after - the -fact permit application? ❑ Yes ® No 2c If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s) 3. Cumulative Impacts (DWQ Requirement) 3a Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy If you answered "no," provide a short narrative description 4. Sewage Disposal (DWQ Requirement) 4a Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility Sewer will be handled by community (public) wasterwater Page 10 of 11 PCN Form — Version 1 3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a Will this project occur In or near an area with federally protected species or habitat? ❑ Yes ® No 5b Have you checked with the USFWS concerning Endangered Species Act Impacts? ❑ Yes ® No 5c If yes, indicate the USFWS Field Office you have contacted ❑ Raleigh ❑ Asheville 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? 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? 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a WIII this project occur In or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e g , National Historic Trust designation or properties significant in North Carolina history and archaeology)? ❑ Yes ® No 7b What data sources did you use to determine whether your site would impact historic or archeological resources? 8. Flood Zone Designation (Corps Requirement) 8a WIII this project occur In a FEMA - designated 100 -year floodplain? ❑ Yes ® No 8b If yes, explain how project meets FEMA requirements 8c What source(s) did you use to make the floodplain determination? FIRM Applicant/Agent's Printed Name Date Applicant/Agent's Sig to (Agent's signature is valid only if an authoriza n etter from the applicant is provided ) Page 11 of 11 Version 1 4 January 9, 2009 401 Oversight/Express Permitting PCN Submittal Checklist [� The application fee (Checks may be made out to "N C Division of Water Resources" - $240 00 for 401 Water Quality Certification with minor impacts - $570 00 for 401 Water Quality Certification with major impacts - Express Review Fee (Amount requested on Acceptance Letter) ❑ Five (5) complete and collated copies of the PCN Application and supporting documentation (instead of providing 5 copies of the full size plans you may provide two copies of full size plans along with three copies of 11 X 17 plans) ❑ Stormwater Management Plan (if applicable — see PCN Form Help File Section E) 1) Please provide three (3) copies of the stormwater management plans along with all supporting information pertaining to this project including the following a Entire site development/layout plans delineating all drainage areas, b Design calculation sheets for all proposed BMP(s) sized for both on -site and off -site drainage, c BMP supplements for each proposed BMP and Required Items Check List (http / /portal ncdenr orq /web /Ir /bmp- manual) along with all required items, d A Notarized Operation & Maintenance Agreement for each stormwater management facility, e Detailed construction drawing sheets shall include (i) Erosion and sediment control plans, (ii) Installation and planting schedules for the proposed BMPs, (iii) Appropriately scaled plan views and cross sectional details of all BMPs and associated components — inlet and outlet structures, forebay, respective zones and pertinent elevations ❑ If your project is located within a State implemented Riparian Buffer Rule Area, submit the following along with site plans and PCN form 1) Three (3) copies of the details for on -site diffuse flow provisions, (refer to http / /portal ncdenr orq /web /Ir /bmp- manual) v❑� DWR Stream Determination Fo ams on property and DWR determination letter for wetlands or strea s (if applica The following is the most critical of all the information that you must provide The quality and detail of the information will often determine the expeditiousness of the review The following is a checklist of the types of pertinent information required at a minimum Maps and Plans: Q� The most recent version of the 1 24,000 USGS Topographic Map - Please cleanly draw or delineate the site boundaries on the topographic map 2/The most recent version of the bound and published County NRCS Soil Survey Map - (required for projects within the Neuse River Basin, Tar - Pamlico River Basin, Randleman Lake Watershed and the Catawba River Basin, also recommended for all projects) - Please clearly delineate the site boundaries, etc on the map If the delineation obscures any of the features, it is recommended that a clean copy be provided Copies of the Version 1 4 January 9, 2009 current soil survey and /or soil survey map sheets can be obtained from the local NRCS County Office (http//www nc nres usda gov /) GIS soil layers are not acceptable 1/Vicinity map - Please clearly mark the location and approximate boundaries of the property and project on the map Please indicate north arrow and scale Please include applicable road names or State Road numbers [The Site Plan - The most critical map to be provided is the site plan You must provide full sized plans The following is the minimum list of plans that are typically needed VPre- construction /Pre- existing conditions - This sheet (or sheets) must include • All Jurisdictional and non - jurisdictional wetland, stream, water features, State regulated buffers (delineated into Zones 1 and 2) • Topographic contours with elevations • Any existing structures and impervious areas • Existing utility lines and easements • Existing roads, culverts, and other pertinent features • North arrow and the scale (1" 50' scale is recommended) ❑ Proposed conditions - This sheet (or sheets) must include • All Jurisdictional and non - Jurisdictional wetland, stream, water features, State regulated buffers (delineated into Zones 1 and 2) • Lot layout (if a subdivision or commercial development is proposed) - lots must be developable without further impacts to jurisdictional and non - jurisdictional wetlands, streams, water features, and State regulated buffers Building envelopes must be provided when streams, wetlands, riparian buffers, or water features exist on a lot • All built -out structures and impervious cover • Final grading contours with elevations • All utilities and easements (including septic fields on all lots within 100 feet of stream, wetland, or water features - if applicable) • Impacted areas — these should correspond with the Impact numbers listed on your PCN form ❑ Drainage Plans - Final drainage plans must include the following • Locations and pertinent elevations and sizes of the stormwater collection system and drainage ways • All inlets and outlets must also be shown with pertinent elevations (All outlets to wetlands must be at a non - erosive velocity, generally less than 2 ft /sec during the peak flow from the 10 -yr storm) • Scaled stormwater BMPs must also be indicated as required by DWR rules and policies • In certain cases (see Section E of PCN form), final stormwater management plans must also be provided (see Stormwater Management Plan Checklist) ❑ Proposed Impacts - All impacts to Jurisdictional and non - Jurisdictional wetland, stream, water features, and State regulated buffers must be shown and labeled on the site plans at a scale no smaller than 1" = 50' All excavation, fill, flooding, stabilization, and other impacts that will be conducted in or near Jurisdictional and non - Jurisdictional wetland, stream, water features, and State regulated buffers must be indicated Please provide cross sectional details showing the provisions for aquatic life passage (burial of culvert 20% for culverts <_ 48 inches, and 1 -foot for culverts > 48 inches) Version 1 4 January 9, 2009 Wetland Impacts: ❑ Precise grading and final elevation contours must be provided Existing vegetation and any clearing must be specified ❑ All subsurface utility lines must indicate the location of anti -seep collars Construction detail for anti -seep collars must be provided ❑ Roadway or other crossings of riparian wetlands may require floodway culverts to maintain existing hydrological conditions ❑ Plans should show that the hydrology of remaining wetlands on the site will be maintained Stream Impacts: ❑ Stream impacts must be clearly shown on the plans The centerline as well as the banks of the stream must be surveyed or located by GPS for the portion of the stream to be impacted ❑ The inlet and the outlet of all culverts should be aligned with the stream as much as possible Inlet and outlet elevations and streambed elevations should be indicated Any inlet or outlet protection must be shown and enumerated on the impact map(s) ❑ For bottomless culverts or other spans, a vertical cross section should be provided that shows the minimum distance from each span to each stream bank, the stream cross section, the height of the span above the stream and the minimum distance from the edge of each footer to each stream bank Additionally, please provide a signed and sealed geotechnical report of subsurface soils at the proposed bottomless culvert location The report must comply with the Division of Highways — Guidelines for Drainage Studies and Hydraulic Design, prepared by A L Hankins, Jr, State Hydraulics Engineer - 1999 ❑ Multiple culverts or sectioned box culverts typically require the use of sills, off- setting or other means to match the cross section of the existing stream (in order to maintain stream stability and provide aquatic life passage) A vertical cross section of the culverts should be shown overlain with the up and downstream stream cross section including the stream flood -prone area ❑ Impacts associated with dam construction must indicate and enumerate all fill associated with the dam footprint, spillway and any bank stream bank stabilization The length of stream impounded must also be indicated and enumerated U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id SAW -2014 -00440 County Wayne U S G S Quad NC- SOUTHEAST GOLDSBORO NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Mr. Jeff Daniels J & J Daniels Farmins Enterprises, LLC Address: P.O. Box 10337 Goldsboro, NC, 27532 -0337 Telephone Number: (919) 778 -4525 Size (acres) 0.3022 Nearest Town Goldsboro Nearest Waterway Fellows Branch River Basin Middle Neuse. North Carolina. USGS HUC 3020202 Coordinates Latitude 35.331372 Longitude - 77.918486 Location description The property is located in the southeast quadrant of the intersection between Highway 11 i and Ditchbank Road (SR 1726), south of the community of Elroy, which is southeast of Goldsboro in Wayne County, North Carolina The proposed project is a residential subdivision The Corps has only assessed the area of the isolated wetland and the immediate surrounding area (24 73 acres) A determination for any other properties has not been requested Project plans have not been submitted to the Corps for a review 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 oui 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 determin ation may be ieIied upon for a pei iod not to exceed five years from the date of this notification _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA) You should contact the Division of Coastal Management in Moiehead City, NC, at (252) 808 -2808 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 § 131 1) If you have any questions regarding this determination and /or the Corps regulatory program, please contact Emily Greer at 910- 251 -4567 or Emily.C.Greer(a,usace.army.mil. C. Basis For Determination: This site exhibits 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, but there is no existing connection between the wetland and a Jurisdictional water. D. Remarks: None E. Attention USDA Program Participants This delmeation /determination has been conducted to identify the limits of Corps' Clean Water Actjurisdiction for the particular site identified in this request The del meation /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 IOM15 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 June 2 , 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 ** D gaalty signed by GREER EMILY C 1 38 53 2 53 00 GREER.EMILY.0 1385325300 °GREER EMILY C 1385325300 a =DOD OU =PKI OU =USA Corps Regulatory Official Date 201403 25 0926 26 0400 Date March 11, 2014 Expiration Date March 11, 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 our Customer Satisfaction Survey, located online at http HreiWlatory usacesurvey corn/ FICA IQ_N, —0F V ®ISq_SF0 W_:PR4CFSS�NI) v ��� -�2 <_ ° w.�°y' `%N y c <��+. °:.i #"e.�$ =9�:<� ?.�." � TiS "..• sE_ .s: AL- _'s"�.,.'@\'v�iiit�'.�Y < '^'�.- <$� ;'< Applicant Mr. Jeff Daniels File Number SAW - 2014 -00440 Date March 11, 2014 Attached is See Section below F1 INITIAL PROFFERED PERMIT Standard Permit or Letter of permission) A nj PROFFERED PERMIT Standard Permit or Letter of emission B ❑ PERMIT DENIAL C ZI APPROVED JURISDICTIONAL DETERMINATION D F11 PRELIMINARY JURISDICTIONAL DETERMINATION E �'A°'�' .. IYs d' ` ��Zai yo-.- .He. _„= .�_'r R<�s �Nx �' $& _ SECT>®N Ithefallowngclenties y_oiira rtghtseandoptton "s re garclingan�adiniiiisfrative appeal of the abvve'deoisioi Ai c pi nal�infarina lop gratnandPermas :ash or;r Cod sire' uiatto_ns at 33GFRPart 331, f(. ue= a ;. } = Q" y „w 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 per►nit • 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 11 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 11 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 maybe appealed), by contacting the Corps district for further instruction Also you may provide new information foi further consideration by the Corps to reevaluate the JD i E roe "s SECTION,R 'REO[ TESTT OR• APPEAA =I,bf�OBJECTIONS.TOANINITIAL =P ROF'FEREDrPERMIT, 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 If you have questions regarding this decision and /or the appeal process you may contact District Engineer, Wilmington Regulatory Division, Attn: Emily Greer 2407 West 5`h Street Washington, NC 27889 If you only have questions regarding the appeal process you may also contact Mr Jason Steele, Administrative Appeal Review Officer CESAD -PDO U S Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room l OM 15 Atlanta, Georgia 30303 -8801 Phone (404) 562 -5137 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 opportunitX to participate in all site investigations Date I Telephone number re of appellant or For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Emily Greer, 69 Darlington Avenue, Wilmington, North Carolina 28403 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 l OM 15, Atlanta, Georgia 30303 -8801 Phone: (404) 562 -5137 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 ID Form Instructional Guidebook SECTION 1 BACKGROUND INFORMATION A REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD) March 11, 2014 B. DISTRICT OFFICE, FILE NAME, AND NUMBER Wilmington District, Daniels, Jeff/ Subdnision Development / Isolated JD, SAW- 2014 -00440 C PROJECT LOCATION AND BACKGROUND INFORMATION State North Carolina County /parish /borough Wayne City Goldsboro Center coordinates of site (lat/long in degree decimal format) Lai 35 331372 °, Long -77 9184861 Universal Transverse Mercator 18 234723 13 3913701 11 Narne of nearest waterbody Fellows Branch Name of nearest Traditional Navigable Water (TN W) into which the aquatic resource Flows Fellows Branch Name of watershed or Hydrologic Unit Code (HUC) Middle Neuse North Carolina , 3020202 ® Check if map /diagram of review area and /or potential Jurisdictional areas is /are available upon icquest ❑ 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) 5 March 2014 SECTION I1: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There w!6;1 `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 B. CWA SECTION 404 DETERMINATION OF JURISDICTION There {S q "waters ofthe US '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 dnectly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to non -RPWs that flow directly of induectly 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 acres c Limits (boundaries) ofjurisdiction based on Pick List 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 A depressional feature approximately 0 3 acres in size exhibits the three wetland parameters but is not connected to any lurisdicitional features It appears the top few inches of soil were removed for the purposes of constructing a berm used for target practice It also appears that some fill material was brought in at one time to help construct a dirt pathway from the edge of the adjacent field to the berm SECTION 111 CWA ANALYSIS Boxes checked below shall be supported by completing the appropriate sections in Section III below For purposes ofthis form, an RPW is defined as a tributary that is not a TNW and that typically flows year -round or has continuous tlo�� at least "seasonally" (e g , typically 3 months) ' Supporting documentation is presented in Section III F 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 111 A I and Section III D 1 only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections 111 A I and 2 and Section 111 D I , otherwise, see Section 111 B below 1 TNW Identify TNW Summarize rationale supporting deteimunation 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, slip to Section III D 2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III DA. 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 l for the tributary, Section HIM 2 for any onsite wetlands, and Section 111 B 3 for all wetlands adjacent to that tributary, both onsnte and offsite The determination whether a significant nexus exists is determined in Section 111 C below 1. Characteristics of non -TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size PieklAst Drainage area Pick List Average annual rainfall inches Average annual snowfall inches (n) Physical Characteristics (a) Relationship with TNW ❑ Tributary flows directly into TNW ❑ Tributary flows through P WEE t tributaries before entering TNW Project waters are Pick.Lts't river miles from TNW Project waters aie Pick List rivet miles from RPW Project wateis are pick tisf aerial (straight) miles fiom TNW Project waters are Pick bast aerial (straight) miles fiorn RPW Project waters cross or serve as state boundaries Explain Identify flow route to TNW` Tributary stream order, if known (b) General Tributary Characteristics (check all that apply) Tributary is ❑ Natural ' Note that the Instructional Guidebook contains additional intonnauon 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, winch then tlows into TNW 3- ❑ Aiti icial (man -made) Explain ❑ Manipulated (man - altered) Explain Tributary properties with respect to top of bank (estunate) Average width feet Average depth feet Average side slopes Yiok' , st Primary tributary substrate composition (check all that apply) ❑ Silts ❑ Sands ❑ Cobbles ❑ Giavel ❑ Bedrock ❑ Vegetation Type /% cover ❑ Other Explain ❑ Conciete ❑ Muck Tiibutary condition /stability [e g, highly eroding, sloughing banks] Explain Presence of rUndritfle /pool complexes Explain Tributary geometry Pick'sT'ist Tributary gradient (approximate average slope) % (c) Flow Tributary provides for Pick Lsi Estimate average number of flow events in review aiea /year Picki,is Describe flow regime Other information on duration and volume Surface flow is 1Pick,List. Characteristics Subsurface flow Pic kT�(st 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 ' Explain ❑ the presence of litter and debris ❑ desti uction of tei iestrial vegetation ❑ the presence of wrack line ❑ sediment sorting ❑ scour ❑ multiple observed or predicted flow events ❑ abrupt change in plant community 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 (foieshore) ❑ physical markings, ❑ physical markings /characteristics ❑ vegetation Imes /changes in vegetation types ❑ tidal gauges ❑ other (list) (in) Chemical Characteristics. Characterize tributary (e g , watercolor is clear, discolored, oily film, water quality, general watershed characteristics, etc ) Explain Identify specific pollutants, if known (tv) Biological Characteristics Channel supports (check all that apply) ❑ Riparian corridor Characteristics (type aveiage width) ❑ Wetland fringe Characteristics ❑ Habitat for ❑ Federally Listed species Explain findings ❑ Fish /spawn areas Explain findings °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 -4- ❑ Other environmentally - sensitive species Explain findings ❑ Aquahc/wildlite diversity Explain findings 2 Characteristics of wetlands adjacent to non -TNW that Flow directly or indirectly into TNNY (i) Physical Characteristics (a) General Wetland Characteristics Properties Wetland size acres Wetland type Explain Wetland quality Explam Project wetlands cross or serve as state boundaries Explain (b) General Flow Relahonshrp with Non -TN W Flow is rj!Q ist Explain Surface flow is PiekE1 ist Characteristics Subsurface flow P gk l iA Explam findings ❑ Dye (or other) test performed (c) Wetland Adjacency Determination with Non - FNW ❑ 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 Pick List river miles horn TNW Project wateis are Pic L "kt aerial (straight) miles from TNW Flow is from Pick-List. x,A Estimate approximate location of wetland as within the kick List tloodplain (n) Chemical Characteristics Characterize wetland system (e g, water color is clear, biown, oil film on surface, water quality general watershed characteristics, etc ) Explain 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 Pick'Lst Approximately acres in total are being considered in the cumulative analysis For each wetland, specify the following Directly abuts9 (YIN) Size (in acres) Directly abuts" (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed C. SIGNIFICANT NEXUS DETERMINATION - 5 - A significant nexus analysis will assess the flow character istmcs 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) Smulai ly, the fact an adjacent wetland lies within or outside of a floodplam 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 cant' pollutants or flood waters to TNWs, or to reduce the amount of pollutants of flood waters ieachmg 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 aie present in the TNW9 • Does the tnbutaiy, in combination with its adjacent wetlands (if any) have the capacity to tiansler nutrients and organic carbon that support downstream f6odwebs9 • 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 of 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 h ibutary 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 ❑ 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 111 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 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 wide ❑ Other non- wetland waters acres Identify type(s) of waters 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs "See Footnote # 3 -6- ❑ Wetlands directly abut RPW and thus ate 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 ❑ Wetlands directly abutting an RPW where ti ibutat ies 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 TN W are jut isidictional Data supporting this conclusion is provided at Section III C Provide acreage estimates for jurisdictional wetlands in the review area acies 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 I I I 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 ❑ Demonsti ate that water is isolated with a nexus to commerce (see E below) 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) " ❑ 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 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 This is a depressional feature that does meet the criteria for a wetland but does not have any connection to a jurisdictional water ❑ Other (explain, if not covered above) 'To complete the analysis refer to the key in Section III D 6 of the Instructional Guidebook O1 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 Menrorandunr Regarding CWA Act Juitsncction Following Rapanos - 7 - Provide acreage estimates foi non -jm isdictional 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 foi a ngated agi lculture), using best professional judgment (check all that apply) ❑ Non - wetland waters (i e rivers streams) (meat 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 News' standard, where such a finding is required for.junsdiction (check all that apply) ❑ Non - wetland waters (i e , rivers, streams) linear fcet, wide ❑ Lakes /ponds acres ❑ Other non - wetland waters acres List type of aquatic resource ® Wetlands 0 3022 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 Survey 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 Coi ps ❑ 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 1 24K, NC- SOUTHEAST GOLDSBORO ® USDA Natural Resources Conservation Service Soil Survey Citation NRCS web sod survey websoilsurvey nt es.usda gov ❑ National wetlands inventory map(s) Cite name USFWS wetlands mapper www fws gov ❑ State /Local wetland inventory map(s) ❑ FEMA /FIRM maps ❑ 100 -year Floodplam Elevation is (National Geodectic Vertical Datum of 1929) ® Photographs ❑ Aerial (Name & Date) Google Earth 1993, 1998, 2007, 2008, 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 � 1 I rr \ III �EIR�- S 59 17 rlo 1I £ � r o i � 9 III �o L£D£ND CIP [[v15t IxD IRax P�Pf xrDIGCIS DND VOIxi r5E1 — . rxE �GxTOY i xE RM Q PRMERir ZINC 11 TE DATA /oi /i3 /10 lirvlra I xXnuGiSntCmr CnS FiEto iOUIEO air /IT I 11TIL ncRCncI rx PRao05El DEraoPxfxl 31 11 ,fl1lll ] DrA+CRS Jkl Onx r ECS INeur rvc Fxi[RRPrS[S tCc Golos Oq0 Ji 31533 SR 1726 DITCHBANK ROAD __ ( oo __Ip R/W 20 _PVMr _) _— ___________ 9 s9 - .E ____— ___—_ s>] 91 Ell f I.E. R3 IC T -R 1 arvrwPa�ED 1 1 D 9 .aa5 PD 5J. 1 D 9 m Pa 305 SEE Of.— 1 54 DD a A 1 Ell 1 1 EIR +l. +4 J <al +mf.xEn'fD "a SCALE I = M Ell D B J5J Pc 5]5 IT r mWE Em M MU ® ® ©��� smilclEnl � ® �� UMEZEIBIMM � � ®� o no zLn ADD caD 800 SCALE 1 - 100 WETLAND AREA DETAIL SKETCH DANIELS & DANIELS DEVELOPMENT OF GOLDSBORO, LLC BEING A PORTION OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN DEED BOOT! 2611 PAGE BIJ WAYNE COUNTY REGISTRY NEW HOPE TDWVSHIP WAYNE COUNTY NORTH CAROLINA BENTON k ASSOCIATES W.nom RMB arc os, LAM SOIV & AAnO CI'ATG ✓HL Gevrt qui (sei o wnsr Nc IJ -OAbf wm.w alga rrn S�n,A, aCIU�lElO �4LY Li 25L nMSJ AS Iu I IK 6gMME3 NJ! 9FKVED AK CifAIM1 r IED AS 9I✓f ADO rKFE RoTTEO lAMI ���¢'I�FAICV S. \111 CA Illll /I R / RAItl �Bd[� 4lOY 1f I5 Mf60FM5 WAS 6 � �14n5 il5 QOC (31 KAC S6 16m) lIF4 4n I4/L MD SEK - f 54 SlateIA o-.11 mnw ¢.vm "TNIINIIIII \1�V\\ C*ZPnTS l0to 151E mMlna+.9mtm. r mWE Em M MU ® ® ©��� smilclEnl � ® �� UMEZEIBIMM � � ®� o no zLn ADD caD 800 SCALE 1 - 100 WETLAND AREA DETAIL SKETCH DANIELS & DANIELS DEVELOPMENT OF GOLDSBORO, LLC BEING A PORTION OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN DEED BOOT! 2611 PAGE BIJ WAYNE COUNTY REGISTRY NEW HOPE TDWVSHIP WAYNE COUNTY NORTH CAROLINA BENTON k ASSOCIATES W.nom RMB arc os, LAM SOIV & AAnO CI'ATG ✓HL Gevrt qui (sei o wnsr Nc IJ -OAbf 1 ,h 11 6 /1 / /( / /'h 1�A hn tll lul V<F i� i / D1A'1F1 c D4V/0I` .. 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I- aleDs 3 18 000 S 0 0001 0002 000 E 000 b 0009 N Z� —_ al!W 1 0 34 USDA United States = Department of Agriculture NRCS Natural Resources Conservation Service A product of the National Cooperative Soil Survey, a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local participants Custom Soil Resource Report for Wayne County, North Carolina April 29, 2014 2 2 rvt M OOTbT6E OOObT6E 006£T6E 00806£ OOLE16E 009ET6£ 005£T6E OOb£T6£ OOE£T6£ DOZ£T6£ OOTET6E M..6Z.bS dU O M.6Z .b5 oLL 52 r O Q N� LL U 7 d O m V N _ rr_ O O CO F- 0 M U M „T£ SS .0 OOT4T6E OOObT6E 006ET6£ OOSET6E OOLET6£ 009£T6£ 00S£T6E ODb£T6E 00££16£ OOZET6E z z a � n E, r"S N 8 N �M ry 8 OD 8 06 N 3 v C EQQ 7 0 8 N O CC 10 n 8 3 .12 n a 3 zQ M.TE 55 oU / / � CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC SIRRRRRAAR$$$$$$$$ �8$5S5TR5S515185tdbS$bTbS61SSbS O .•Nh VbmAmm�w�w .�.w.�.wm�WWWWNNNNNNq%dJq��q N I I C 0 I g N Q o ; 0 i- s OWN E! � 1i ,_ _ I •'11111 .�; ' ,� , _ -A . ttll� i � I I� .10 II1 /.�.. Vill ifi II I Ian P� i� IIi r 'n _ - -y\- 51 0'R/N. 70 PVM7 ) �� -- - -- NC HIGHWAY 111 \ . A \ °� lei A I w x a 1 3 ----I ww��511-1 iGill IIIS-- W a,$ Ww It >5 0 a o ad yom ZC N�- Ce J GL� �K2 g g A tit .'9 Ilyg€ o k, �� qqgg �o 61N� IN $ i% �J< N �i ♦ M d 1� C a / / � CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC SIRRRRRAAR$$$$$$$$ �8$5S5TR5S515185tdbS$bTbS61SSbS O .•Nh VbmAmm�w�w .�.w.�.wm�WWWWNNNNNNq%dJq��q N I I C 0 I g N Q o ; 0 i- s OWN E! � 1i ,_ _ I •'11111 .�; ' ,� , _ -A . ttll� i � I I� .10 II1 /.�.. Vill ifi II I Ian P� i� IIi r 'n _ - -y\- 51 0'R/N. 70 PVM7 ) �� -- - -- NC HIGHWAY 111 \ . A \ °� lei A I w x a 1 3 ----I ww��511-1 iGill IIIS-- W a,$ Ww It >5 0 a o ad U.S. DEPARTMENT OF THE INTERIOR U S G S U. S. GEOLOGICAL SURVEY science fora changing wadd 78*00* 35*2 if 2 1E 550 F 57'30" The fiational map US Top o SOUTHEAST GOLDSBORO QUADRANGLE 16 15 14 20' 13 E 11 10 17'30" )9 )7 )6 UTM GRID AND 2013 MAGNETIC NORTH kL,., L" FEET ........ ........ .......... NAIP, June 2012 DECLINATION AT CENT=ROF SHEET Roads..............................................®2006-2012 TOmTom Names .......................................................... GNIS, 2012 U.S. NationallGrid CONTOUR INTERVAL 5 FEET Hydrography ....................National Hydrograpfiy Dataset, 2012 100,00D -m Sqw,m ID NORTH AMERICAN VERTICAL DATUM OF 1988 Contours............................National Etevation Dataset, 2008 Boundaries....................Census, IBWC, IBC, USGS, 1972 - 2012 TE This map was produced to conform with the National Geospatia( Program US Topo Product Standard, 2011. A meEadata file associated with this product is draft version 0.6.11 Grid 7— D-g—j- las Northwest X '%PINE6RANCH LN < < p ........... f 4- N . W.� .. ... 05010-N 3'05 35*15 A'.f. 2 300 000 FEET 229 12 1111 1 4& PET '32 '33 1 J k • �J -J- '34 Mount William 78'00' OR- 57"301, 55, '35 '36 1 '37 2 380DO-E 77*52'30" Produced by the United States Geological Survey SCALE 1:24 000 ROAD CLASSIFICATION North American Datum of 1983 (NAD83) World Geodetic System of 1984 (WG584). Projection and MN.. 1 0.5 0 KILOMETERS 1 2 Expressway Local Connector 000 -meter grid: Universal, Transverse Mercator; Zone 185 9,26 - - - - - - 1000 500 0 CAROLINA e� Secondary Hwy Local Road 0 000 -foot ticks: North Carolina Coordinate System of 1983 1000 2000 V 4V 0.5 Ramp 4WD ............ .. 30 Miff-- - V-C/ WS 1000 0 10 f7z�VV3093 4000 5000 1000 7000 Interstate R... 0 US Route 0 8000 9000 10000 State Route UTM GRID AND 2013 MAGNETIC NORTH kL,., L" FEET ........ ........ .......... NAIP, June 2012 DECLINATION AT CENT=ROF SHEET Roads..............................................®2006-2012 TOmTom Names .......................................................... GNIS, 2012 U.S. NationallGrid CONTOUR INTERVAL 5 FEET Hydrography ....................National Hydrograpfiy Dataset, 2012 100,00D -m Sqw,m ID NORTH AMERICAN VERTICAL DATUM OF 1988 Contours............................National Etevation Dataset, 2008 Boundaries....................Census, IBWC, IBC, USGS, 1972 - 2012 TE This map was produced to conform with the National Geospatia( Program US Topo Product Standard, 2011. A meEadata file associated with this product is draft version 0.6.11 Grid 7— D-g—j- las Northwest N..h.. Jason G.I&b.. G.I&... Southwest Southeast L. G.Iftb.. G.1d.b.. Grange Mount William Seven OR- Spri.gs SOUTHEAST GOLDSBORO, NC 2013