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HomeMy WebLinkAboutBP6.R007.1_PJD_Package_06172022 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER J.ERIC BOYETTE GOVERNOR SECRETARY Mailing Address: NC DEPARTMENT OF TRANSPORTATION ENVIRONMENTAL ANALYSIS UNIT 1598 MAIL SERVICE CENTER RALEIGH, NC 27699-1598 Telephone: (919) 707-6000 Customer Service: 1-877-368-4968 Website: www.ncdot.gov Location: CENTURY CENTER, BUILDING A 1000 BIRCH RIDGE DRIVE RALEIGH, NC 27610 June 17, 2022 U.S. Army Corps of Engineers Wilmington Regulatory Field Office ATTN: Liz Hair 69 Darlington Avenue Wilmington, North Carolina 28403 SUBJECT: Preliminary Jurisdictional Determination (PJD) Package for the following Natural Resources Technical Report: NCDOT WBS No. BP6.R007.1: Proposed Replacement of Bridge No. 770369 on SR 1515 (Union Chapel Road) over Richland Swamp in Robeson County, North Carolina. The North Carolina Department of Transportation (NCDOT) proposes to replace Bridge No. 770369 on SR 1515 (Union Chapel Road) over Richland Swamp in Robeson County, North Carolina (Figure 1). Below and attached are a brief description of the project, figures depicting all features, and appropriate forms. NCDOT Highway Division 6 Environmental Officer Gregory Price (PWS) conducted the site investigation within the study area on January 25, 2022. Three Oaks Engineering (Three Oaks) staff member Nathan Howell (MS, PWS) completed feature forms on February 17, 2022. Five potential jurisdictional features (1 stream and 4 wetlands) were identified within the study area (Tables 1-2; Figures 2-4). No potential open waters or non-stream surface waters (i.e., ponds, basins, and/or tributaries) were identified. This project is located in the Lumber River Basin (United States Geological Survey [USGS] Hydrologic Unit Code [HUC] 03040203). A North Carolina Division of Water Resources (NCDWR) Stream Identification form and North Carolina Stream Assessment Method (NCSAM) form were not completed for Richland Swamp since it was definitively perennial and did not possess characteristics conducive to receiving a lower mitigation ratio and/or functional rating value. United States Army Corps of Engineers (USACE) Wetland Determination forms (wetland and upland) and North Carolina Wetland Assessment Method (NCWAM) forms were completed that represent all wetlands within the project study area. (Appendix B). A USACE ORM Data Entry form, USACE Jurisdictional Determination Request form, USACE PJD form, and a USACE Waters Upload Spreadsheet (January 2022 version) are also included with this submittal (Appendix C). Please see the following PJD Package: Appendix A Figures Prepared For: Job No.: Scale: Date: Drawn By:Checked By:Union Chapel RoadFigure1 May 2022 21-625 0 10050 Ft NDH JSM Proposed Replacement ofBridge No. 770369 on SR 1515 (Union Chapel Road) overRichland Swamp BP6.R007.1 Project Vicinity Map Robeson County North Carolina ¯ Legend Study Area Streets Sources: Esri, HERE, Garmin,USGS, Intermap, INCREMENT P,NRCan, Esri Japan, METI, EsriChina (Hong Kong), Esri Korea,Esri (Thailand), NGCC, © ^_ Prepared For: Job No.: Scale: Date: Drawn By:Checked By: Richland Swamp WD WC WA WB Union Chapel RoadSources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, OrdnanceSurvey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, © OpenStreetMap contributors, and the GIS User Community Figure2 May 2022 21-625 0 10050 Ft NDH JSM Proposed Replacement ofBridge No. 770369 on SR 1515 (Union Chapel Road) overRichland Swamp BP6.R007.1 Jurisdictional Features Map over Topographic Robeson County North Carolina ¯Legend Study Area Streets Potential Nonwetland WOUS (Stream) Perennial Potential Nonwetland WOUS (Stream) Open Water Potential Wetland WOUS Undisturbed Prepared For: Job No.: Scale: Date: Drawn By:Checked By: Richland Swamp WD WC WA WB Union Chapel RoadFigure3 May 2022 21-625 0 10050 Ft NDH JSM Proposed Replacement ofBridge No. 770369 on SR 1515 (Union Chapel Road) overRichland Swamp BP6.R007.1 Jurisdictional Features Map over Aerial Robeson County North Carolina ¯Legend Study Area Streets Potential Nonwetland WOUS (Stream) Perennial Potential Nonwetland WOUS (Stream) Open Water Potential Wetland WOUS Undisturbed Prepared For: Job No.: Scale: Date: Drawn By:Checked By: Richland Swamp WD WC WA WB Union Chapel RoadFigure4 May 2022 21-625 0 10050 Ft NDH JSM Proposed Replacement ofBridge No. 770369 on SR 1515 (Union Chapel Road) overRichland Swamp BP6.R007.1 Jurisdictional Features Map over LiDAR Robeson County North Carolina ¯Legend Study Area Streets 2ft Contours Potential Nonwetland WOUS (Stream) Perennial Potential Nonwetland WOUS (Stream) Open Water Potential Wetland WOUS Undisturbed Project ElevationHigh : 164 Low : 141 Appendix B Wetland Forms Project/Site: Applicant/Owner:State:Sampling Point: Investigator(s): Subregion (LRR or MLRA):Lat:Long: Soil Map Unit Name: X Are Vegetation , Soil , or Hydrology Yes X No Are Vegetation , Soil , or Hydrology SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc. X No X No X X No XX X X X X X X XX Yes X Yes XYesX X No Inundation Visible on Aerial Imagery (B7) Saturation (A3) Sparsely Vegetated Concave Surface (B8) Are “Normal Circumstances” present? Wetland Hydrology Present? Surface Water (A1)High Water Table (A2) Yes Hydrophytic Vegetation Present? Hydric Soil Present? Yes Secondary Indicators (minimum of two required)Wetland Hydrology Indicators: (If needed, explain any answers in Remarks.) No Surface Water Present? Wetland Hydrology Present? Moss Trim Lines (B16) Dry-Season Water Table (C2) Crayfish Burrows (C8) Saturation Visible on Aerial Imagery (C9) Geomorphic Position (D2) Shallow Aquitard (D3) FAC-Neutral Test (D5)Sphagnum Moss (D8) (LRR T, U) Hydrogen Sulfide Odor (C1) Oxidized Rhizospheres on Living Roots (C3) Presence of Reduced Iron (C4) Drift Deposits (B3) Algal Mat or Crust (B4) Sediment Deposits (B2) Saturation Present? Water-Stained Leaves (B9) Recent Iron Reduction in Tilled Soils (C6) Thin Muck Surface (C7) Other (Explain in Remarks)Iron Deposits (B5) Datum: Surface Soil Cracks (B6) Drainage Patterns (B10)Aquatic Fauna (B13)Marl Deposits (B15) (LRR U) Yes Remarks: Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Field Observations: Water Table Present?NoNo Depth (inches): Depth (inches):Depth (inches): No (includes capillary fringe) 3 00 Johnston soils 34.722061 2/17/2022 -79.110319 No Lumberton HYDROLOGY NAD 83 Is the Sampled Area within a Wetland?Yes (If no, explain in Remarks.) significantly disturbed? naturally problematic? Swamp Forest Yes LRR P, MLRA 133A U.S. Army Corps of Engineers WETLAND DETERMINATION DATA SHEET – Atlantic and Gulf Coastal Plain RegionSee ERDC/EL TR-07-24; the proponent agency is CECW-CO-R OMB Control #: 0710-xxxx, Exp: Pending Requirement Control Symbol EXEMPT: (Authority: AR 335-15, paragraph 5-2a) NWI classification: Water Marks (B1) Sampling Date:Robeson NCNCDOT NCDOT STIP BP6.R007 City/County: Slope (%): PFO1C WA Wet Concave Section, Township, Range:Nathan Howell Primary Indicators (minimum of one is required; check all that apply) Are climatic / hydrologic conditions on the site typical for this time of year? 0Local relief (concave, convex, none):Landform (hillside, terrace, etc.): Yes Remarks:NCWAM: Riverine Swamp Forest. Wetlands WB, WC, and WD are all located in the same swamp forest complex and all possess similar edaphic, hydrologic, and floristic characteristics. As a result, they are also represented by this form. ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain – Version 2.0 Sampling Point: (Plot size: 1. 2. 3. 4. 5. 6.(A/B) 7. 8. x 1 = 50% of total cover:20% of total cover:x 2 = Sapling/Shrub Stratum (Plot size:x 3 = 1.x 4 = 2.x 5 = 3.Column Totals:(B) 4. 5. 6. 7.X 8. 50% of total cover:20% of total cover: Herb Stratum (Plot size: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 50% of total cover:20% of total cover: Woody Vine Stratum (Plot size: 1. 2. 3. 4. 5. 50% of total cover:20% of total cover:X 3 - Prevalence Index is ≤3.01 1Indicators of hydric soil and wetland hydrology must bepresent, unless disturbed or problematic. Woody Vine – All woody vines greater than 3.28 ft in height. =Total Cover 20 30' radius 4 4 10 10 =Total Cover Remarks: (If observed, list morphological adaptations below.) Hydrophytic Vegetation Present?Yes No 50 15' radius 30 60 Hydrophytic Vegetation Indicators: 12 Sapling/Shrub – Woody plants, excluding vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall. Yes Herb – All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.28 ft tall. =Total Cover Definitions of Four Vegetation Strata: Tree – Woody plants, excluding vines, 3 in. (7.6 cm) ormore in diameter at breast height (DBH), regardless ofheight. Absolute % Cover 20 )5' radius 20 20Arundinaria tecta WA Wet 6 6 FACU species Total Number of Dominant Species Across All Strata: Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: Yes (B) Indicator Status 60 VEGETATION (Four Strata)– Use scientific names of plants. OBL species FACW species FAC species 100.0% (A)Yes Yes OBL OBL Yes 20 FACW FACW (A) Prevalence Index = B/A = 100 60 Multiply by: UPL species ) =Total Cover 1 - Rapid Test for Hydrophytic Vegetation Problematic Hydrophytic Vegetation1 (Explain) FACW 2 - Dominance Test is >50% Percent of Dominant Species That Are OBL, FACW, or FAC: Total % Cover of: Prevalence Index worksheet: Dominant Species? Smilax laurifolia FACW ) Cyrilla racemiflora Tree Stratum Nyssa aquatica Taxodium distichum Quercus laurifolia 30' radius ) 20 20 Yes ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain – Version 2.0 X X X Sandy Mucky Mineral (S1) (LRR O, S) Reduced Vertic (F18) (MLRA 150A, 150B) Depth (inches):X Iron-Manganese Masses (F12) (LRR O, P, T) Barrier Islands 1 cm Muck (S12) (MLRA 153B, 153D) Depleted Dark Surface (F7) Delta Ochric (F17) (MLRA 151) Dark Surface (S7) (LRR P, S, T, U) Polyvalue Below Surface (S8) Prominent redox concentrations Restrictive Layer (if observed): Type: (outside MLRA 150A, 150B) Piedmont Floodplain Soils (F19) (LRR P, T) Very Shallow Dark Surface (F22) Anomalous Bright Floodplain Soils (F20) 3Indicators of hydrophytic vegetation and Hydric Soil Present? (MLRA 149A, 153C, 153D) Marl (F10) (LRR U) Depleted Ochric (F11) (MLRA 151) (MLRA 153B) Red Parent Material (F21) Redox Depressions (F8) Umbric Surface (F13) (LRR P, T, U) Thick Dark Surface (A12) Histosol (A1) Barrier Islands Low Chroma Matrix (TS7) Depleted Below Dark Surface (A11) C Thin Dark Surface (S9) (LRR S, T, U) Histic Epipedon (A2) %Matrix Color (moist)Type1Redox FeaturesDepth Loamy Gleyed Matrix (F2) 5 Loc2 Texture Remarks Mucky Sand Loamy/Clayey % M (inches)Color (moist) 10YR 4/1 956-12 0-6 100 7.5YR 4/6 10YR 2/1 SOIL Sampling Point: Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)Indicators for Problematic Hydric Soils3: 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.2Location: PL=Pore Lining, M=Matrix. 1 cm Muck (A9) (LRR O) 2 cm Muck (A10) (LRR S) Reduced Vertic (F18) NoYes Hydrogen Sulfide (A4) Stratified Layers (A5) Organic Bodies (A6) (LRR P, T, U) 5 cm Mucky Mineral (A7) (LRR P, T, U) Muck Presence (A8) (LRR U) 1 cm Muck (A9) (LRR P, T) WA Wet Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) (LRR S, T, U) (MLRA 138, 152A in FL, 154) Piedmont Floodplain Soils (F19) (MLRA 149A) (outside MLRA 138, 152A in FL, 154) (MLRA 153B, 153D) Other (Explain in Remarks) Anomalous Bright Floodplain Soils (F20) Very Shallow Dark Surface (F22) wetland hydrology must be present, unless disturbed or problematic. Redox Dark Surface (F6) Loamy Mucky Mineral (F1) (LRR O) Depleted Matrix (F3) (outside MLRA 150A) Coast Prairie Redox (A16)Black Histic (A3) Sandy Redox (S5) Stripped Matrix (S6) Remarks: Coast Prairie Redox (A16) (MLRA 150A) Sandy Gleyed Matrix (S4) ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain – Version 2.0 Project/Site: Applicant/Owner:State:Sampling Point: Investigator(s): Subregion (LRR or MLRA):Lat:Long: Soil Map Unit Name: X Are Vegetation X , Soil , or Hydrology Yes No X Are Vegetation , Soil , or Hydrology SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc. No X No X X No X Yes X Yes XYesX No X Inundation Visible on Aerial Imagery (B7) Saturation (A3) Sparsely Vegetated Concave Surface (B8) Are “Normal Circumstances” present? Wetland Hydrology Present? Surface Water (A1)High Water Table (A2) Yes Hydrophytic Vegetation Present? Hydric Soil Present? Yes Secondary Indicators (minimum of two required)Wetland Hydrology Indicators: (If needed, explain any answers in Remarks.) No Surface Water Present? Wetland Hydrology Present? Moss Trim Lines (B16) Dry-Season Water Table (C2) Crayfish Burrows (C8) Saturation Visible on Aerial Imagery (C9) Geomorphic Position (D2) Shallow Aquitard (D3) FAC-Neutral Test (D5)Sphagnum Moss (D8) (LRR T, U) Hydrogen Sulfide Odor (C1) Oxidized Rhizospheres on Living Roots (C3) Presence of Reduced Iron (C4) Drift Deposits (B3) Algal Mat or Crust (B4) Sediment Deposits (B2) Saturation Present? Water-Stained Leaves (B9) Recent Iron Reduction in Tilled Soils (C6) Thin Muck Surface (C7) Other (Explain in Remarks)Iron Deposits (B5) Datum: Surface Soil Cracks (B6) Drainage Patterns (B10)Aquatic Fauna (B13)Marl Deposits (B15) (LRR U) Yes Remarks: Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Field Observations: Water Table Present?NoNo Depth (inches): Depth (inches):Depth (inches): No (includes capillary fringe) 0 00 Johnston soils 34.721885 2/17/2022 -79.110322 No Lumberton HYDROLOGY NAD 83 Is the Sampled Area within a Wetland?Yes (If no, explain in Remarks.) significantly disturbed? naturally problematic? Roadway Slope Yes LRR P, MLRA 133A U.S. Army Corps of Engineers WETLAND DETERMINATION DATA SHEET – Atlantic and Gulf Coastal Plain RegionSee ERDC/EL TR-07-24; the proponent agency is CECW-CO-R OMB Control #: 0710-xxxx, Exp: Pending Requirement Control Symbol EXEMPT: (Authority: AR 335-15, paragraph 5-2a) NWI classification: Water Marks (B1) Sampling Date:Robeson NCNCDOT NCDOT STIP BP6.R007 City/County: Slope (%): None WA Upl Convex Section, Township, Range:Nathan Howell Primary Indicators (minimum of one is required; check all that apply) Are climatic / hydrologic conditions on the site typical for this time of year? 3Local relief (concave, convex, none):Landform (hillside, terrace, etc.): Yes Remarks:Due to a lack of naturally occurring upland in the study area, this upland plot was assessed on the roadway embankment. Due to the similarity in upland conditions throughout the site, the upland plots associated with the other wetlands in the project study area will also be represented by this form. ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain – Version 2.0 Sampling Point: (Plot size: 1. 2. 3. 4. 5. 6.(A/B) 7. 8. x 1 = 50% of total cover:20% of total cover:x 2 = Sapling/Shrub Stratum (Plot size:x 3 = 1.x 4 = 2.x 5 = 3.Column Totals:(B) 4. 5. 6. 7. 8. 50% of total cover:20% of total cover: Herb Stratum (Plot size: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 50% of total cover:20% of total cover: Woody Vine Stratum (Plot size: 1. 2. 3. 4. 5. 50% of total cover:20% of total cover: 3 - Prevalence Index is ≤3.01 1Indicators of hydric soil and wetland hydrology must bepresent, unless disturbed or problematic. Woody Vine – All woody vines greater than 3.28 ft in height. =Total Cover 90 30' radius 1845 =Total Cover Remarks: (If observed, list morphological adaptations below.) Hydrophytic Vegetation Present?Yes No 15' radius 10 Hydrophytic Vegetation Indicators: Sapling/Shrub – Woody plants, excluding vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall. Yes FACU Herb – All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.28 ft tall. =Total Cover Definitions of Four Vegetation Strata: Tree – Woody plants, excluding vines, 3 in. (7.6 cm) ormore in diameter at breast height (DBH), regardless ofheight. No Absolute % Cover )5' radius 80 Taraxacum officinale Eremochloa ophiuroides WA Upl 0 1 FACU species Total Number of Dominant Species Across All Strata: Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: (B) Indicator Status VEGETATION (Four Strata)– Use scientific names of plants. OBL species FACW species FAC species 0.0% (A) (A) Prevalence Index = B/A = Multiply by: UPL species ) =Total Cover 1 - Rapid Test for Hydrophytic Vegetation Problematic Hydrophytic Vegetation1 (Explain) UPL 2 - Dominance Test is >50% Percent of Dominant Species That Are OBL, FACW, or FAC: Total % Cover of: Prevalence Index worksheet: Dominant Species? Absent ) Absent Tree Stratum Absent 30' radius ) ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain – Version 2.0 X Sandy Mucky Mineral (S1) (LRR O, S) Reduced Vertic (F18) (MLRA 150A, 150B) Depth (inches):X Iron-Manganese Masses (F12) (LRR O, P, T) Barrier Islands 1 cm Muck (S12) (MLRA 153B, 153D) Depleted Dark Surface (F7) Delta Ochric (F17) (MLRA 151) Dark Surface (S7) (LRR P, S, T, U) Polyvalue Below Surface (S8) Restrictive Layer (if observed): Type: (outside MLRA 150A, 150B) Piedmont Floodplain Soils (F19) (LRR P, T) Very Shallow Dark Surface (F22) Anomalous Bright Floodplain Soils (F20) 3Indicators of hydrophytic vegetation and Hydric Soil Present? (MLRA 149A, 153C, 153D) Marl (F10) (LRR U) Depleted Ochric (F11) (MLRA 151) (MLRA 153B) Red Parent Material (F21) Redox Depressions (F8) Umbric Surface (F13) (LRR P, T, U) Thick Dark Surface (A12) Histosol (A1) Barrier Islands Low Chroma Matrix (TS7) Depleted Below Dark Surface (A11) Thin Dark Surface (S9) (LRR S, T, U) Histic Epipedon (A2) %Matrix Color (moist)Type1Redox FeaturesDepth Loamy Gleyed Matrix (F2) Loc2 Texture Remarks Sandy %(inches)Color (moist) 0-12 10010YR 6/3 SOIL Sampling Point: Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)Indicators for Problematic Hydric Soils3: 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.2Location: PL=Pore Lining, M=Matrix. 1 cm Muck (A9) (LRR O) 2 cm Muck (A10) (LRR S) Reduced Vertic (F18) NoYes Hydrogen Sulfide (A4) Stratified Layers (A5) Organic Bodies (A6) (LRR P, T, U) 5 cm Mucky Mineral (A7) (LRR P, T, U) Muck Presence (A8) (LRR U) 1 cm Muck (A9) (LRR P, T) WA Upl Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) (LRR S, T, U) (MLRA 138, 152A in FL, 154) Piedmont Floodplain Soils (F19) (MLRA 149A) (outside MLRA 138, 152A in FL, 154) (MLRA 153B, 153D) Other (Explain in Remarks) Anomalous Bright Floodplain Soils (F20) Very Shallow Dark Surface (F22) wetland hydrology must be present, unless disturbed or problematic. Redox Dark Surface (F6) Loamy Mucky Mineral (F1) (LRR O) Depleted Matrix (F3) (outside MLRA 150A) Coast Prairie Redox (A16)Black Histic (A3) Sandy Redox (S5) Stripped Matrix (S6) Remarks: Coast Prairie Redox (A16) (MLRA 150A) Sandy Gleyed Matrix (S4) ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain – Version 2.0 NC WAM FIELD ASSESSMENT FORM Accompanies User Manual Version 5.0 USACE AID # NCDWR# Project Name NCDOT STIP BP6.R007 Date of Evaluation 5/18/2022 Applicant/Owner Name NCDOT Wetland Site Name WA Wetland Type Riverine Swamp Forest Assessor Name/Organization Nathan Howell - Three Oaks Engineering Level III Ecoregion Southeastern Plains Nearest Named Water Body Richland Swamp River Basin Lumber USGS 8-Digit Catalogue Unit 03040203 County Robeson NCDWR Region Fayetteville Yes No Precipitation within 48 hrs? Latitude/Longitude (deci-degrees) 35.231166, -78.878126 Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub-surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), ho g lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear-cutting, exotics, etc.) Is the assessment area intensively managed? Yes No Regulatory Considerations - Were regulatory considerations evaluated? Yes No If Yes, check all that apply to the assessment area. Anadromous fish Federally protected species or State endangered or threatened species NCDWR riparian buffer rule in effect Abuts a Primary Nursery Area (PNA) Publicly owned property N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout Designated NCNHP reference community Abuts a 303(d)-listed stream or a tributary to a 303(d)-listed stream What type of natural stream is associated with the wetla nd, if any? (check all that apply) Blackwater Brownwater Tidal (if tidal, check one of the following boxes) Lunar Wind Both Is the assessment area on a coastal island? Yes No Is the assessment area’s surface water storage capacity or duration substantially altered by beaver? Yes No Does the assessment area experience overbank flooding during normal rainfall conditions? Yes No 1. Ground Surface Condition/Vegetation Condition – assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence an effect. GS VS A A Not severely altered B B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire-plow lanes, skidder tracks, bedding, fill, soil compact ion, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) 2. Surface and Sub-Surface Storage Capacity and Duration – assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. A ditch ≤ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and sub-surface water. Consider tidal flooding regime, if applicable. Surf Sub A A Water storage capacity and duration are not altered. B B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). C C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change ) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). 3. Water Storage/Surface Relief – assessment area/wetland type condition metric (skip for all marshes) Check a box in each column. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. A A Majority of wetland with depressions able to pond water > 1 deep B B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep C C Majority of wetland with depressions able to pond water 3 to 6 inches deep D D Depressions able to pond water < 3 inches deep 3b. A Evidence that maximum depth of inundation is greater than 2 feet B Evidence that maximum depth of inundation is between 1 and 2 feet C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture/Structure – assessment area condition metric (skip for all marshes) Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the top 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. A Sandy soil B Loamy or clayey soils exhibiting redox imorphic features (concentrations, depletions, or rhizospheres) C Loamy or clayey soils not exhibiting redox imorphic features D Loamy or clayey gleyed soil E Histosol or histic epipedon 4b. A Soil ribbon < 1 inch B Soil ribbon ≥ 1 inch 4c. A No peat or muck presence B A peat or muck presence 5. Discharge into Wetland – opportunity metric Check a box in each column. Consider surface pollutants or discharges (Surf) and sub-surface pollutants or discharges (Sub). Examples of sub-surface discharges include presence of nearby septic tank , underground storage tank (UST), etc. Surf Sub A A Little or no evidence of pollutants or discharges entering the assessment area B B Noticeable evidence of pollutants or discharges entering the wetla nd and stressing, but not overwhelming the treatment capacity of the assessment area C C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area a nd potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive sedimentation, odor) 6. Land Use – opportunity metric (skip for non-riparian wetlands) Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). WS 5M 2M A A A > 10% impervious surfaces B B B Confined animal operations (or other local, concentrated source of pollutants C C C ≥ 20% coverage of pasture D D D ≥ 20% coverage of agricultural land (regularly plowed land) E E E ≥ 20% coverage of maintained grass/herb F F F ≥ 20% coverage of clear-cut land G G G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in the watershed or hydrologic alterations that prevent drainage and/or overbank flow from affecting the assessment area. 7. Wetland Acting as Vegetated Buffer – assessment area/wetland complex condition metric (skip for non-riparian wetlands) 7a. Is assessment area within 50 feet of a tributary or other open water? Yes No If Yes, continue to 7b. If No, skip to Metric 8. Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed. 7b. How much of the first 50 feet from the bank is wetland? (Wetland buffer need only be present on one side of the .water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbe d.) A ≥ 50 feet B From 30 to < 50 feet C From 15 to < 30 feet D From 5 to < 15 feet E < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width. ≤ 15-feet wide > 15-feet wide Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend in to the bank of the tributary/open water? Yes No 7e. Is stream or other open water sheltered or exposed? Sheltered – adjacent open water with width < 2500 feet and no regular boat traffic. Exposed – adjacent open water with width ≥ 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area – wetland type/wetland complex condition metric (evaluate WT for all marshes and Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest only) Check a box in each column for riverine wetlands only. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment area (WC). See User Manual for WT and WC boundaries. WT WC A A ≥ 100 feet B B From 80 to < 100 feet C C From 50 to < 80 feet D D From 40 to < 50 feet E E From 30 to < 40 feet F F From 15 to < 30 feet G G From 5 to < 15 feet H H < 5 feet 9. Inundation Duration – assessment area condition metric (skip for non-riparian wetlands) Answer for assessment area dominant landform. A Evidence of short-duration inundation (< 7 consecutive days) B Evidence of saturation, without evidence of inundation C Evidence of long-duration inundation or very long-duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition – assessment area condition metric (skip for non-riparian wetlands and all marshes) Consider recent deposition only (no plant growth since deposition). A Sediment deposition is not excessive, but at approximately natural levels. B Sediment deposition is excessive, but not overwhelming the wetland. C Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size – wetland type/wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable , see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select “K” for the FW column. WT WC FW (if applicable) A A A ≥ 500 acres B B B From 100 to < 500 acres C C C From 50 to < 100 acres D D D From 25 to < 50 acres E E E From 10 to < 25 acres F F F From 5 to < 10 acres G G G From 1 to < 5 acres H H H From 0.5 to < 1 acre I I I From 0.1 to < 0.5 acre J J J From 0.01 to < 0.1 acre K K K < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness – wetland type condition metric (evaluate for Pocosins only) A Pocosin is the full extent (≥ 90%) of its natural landscape size. B Pocosin type is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas – landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This metric evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contigu ous naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four-lane road or wider, urban landscapes, maintained fields (pasture and agriculture), or open water > 300 feet wide. Well Loosely A A ≥ 500 acres B B From 100 to < 500 acres C C From 50 to < 100 acres D D From 10 to < 50 acres E E < 10 acres F F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. Yes No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands. 14. Edge Effect – wetland type condition metric (skip for all marshes and Estuarine Woody Wetland) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificia l edges include non-forested areas ≥ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors, and clear -cuts. Consider the eight main points of the compass. Artificial edge occurs within 150 feet in how many directions? If the assessme nt area is clear cut, select option ”C.” A 0 B 1 to 4 C 5 to 8 15. Vegetative Composition – assessment area condition metric (skip for all marshes and Pine Flat) A Vegetation is close to reference condition in species present and their proportions. Lower strata compo sed of appropriate species, with exotic plants absent or sparse within the assessment area. B Vegetation is different from reference condition in species diversity or proportions , but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non -characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at least one stratum. 16. Vegetative Diversity – assessment area condition metric (evaluate for Non-tidal Freshwater Marsh only) A Vegetation diversity is high and is composed primarily of native species (< 10% cover of exotics). B Vegetation diversity is low or has > 10% to 50% cover of exotics. C Vegetation is dominated by exotic species (> 50 % cover of exotics). 17. Vegetative Structure – assessment area/wetland type condition metric 17a. Is vegetation present? Yes No If Yes, continue to 17b. If No, skip to Metric 18. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non-marsh wetlands. A ≥ 25% coverage of vegetation B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non-marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. AA WT A A Canopy closed, or nearly closed, with natural gaps associated with natural processes B B Canopy present, but opened more than natural gaps C C Canopy sparse or absent A A Dense mid-story/sapling layer B B Moderate density mid-story/sapling layer C C Mid-story/sapling layer sparse or absent A A Dense shrub layer B B Moderate density shrub layer C C Shrub layer sparse or absent A A Dense herb layer B B Moderate density herb layer C C Herb layer sparse or absent 18. Snags – wetland type condition metric (skip for all marshes) A Large snags (more than one) are visible (> 12 inches DBH, or large relative to species present and landscape stability). B Not A 19. Diameter Class Distribution – wetland type condition metric (skip for all marshes) A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 inch DBH. C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris – wetland type condition metric (skip for all marshes) Include both natural debris and man-placed natural debris. A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). B Not A 21. Vegetation/Open Water Dispersion – wetland type/open water condition metric (evaluate for Non-Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. P atterned areas indicate vegetated areas, while solid white areas indicate open water. A B C D 22. Hydrologic Connectivity – assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion, man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D. A Overbank and overland flow are not severely altered in the assessment area. B Overbank flow is severely altered in the assessment area. C Overland flow is severely altered in the assessment area. D Both overbank and overland flow are severely altered in the assessment area. Notes This form represents Wetland WA, in the northeast quadrant of this project study area. Wetlands WB, WC, and WD are identical in regards to their hydrology, flora, and soil charcateristics. They are also all good, intact representative examples of riverine swamp f orests. Due to the similarity of the remaining three wetlands within this study area, they are also represented by this NCWAM form. Canopy Mid-Story Shrub Herb NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland Site Name WA Date of Assessment 5/18/2022 Wetland Type Riverine Swamp Forest Assessor Name/Organization Nathan Howell - Three Oaks Engineering Notes on Field Assessment Form (Y/N) YES Presence of regulatory considerations (Y/N) NO Wetland is intensively managed (Y/N) NO Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) YES Assessment area is substantially altered by beaver (Y/N) NO Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) NO Assessment area is on a coastal island (Y/N) NO Sub-function Rating Summary Function Sub-function Metrics Rating Hydrology Surface Storage and Retention Condition HIGH Sub-surface Storage and Retention Condition MEDIUM Water Quality Pathogen Change Condition HIGH Condition/Opportunity HIGH Opportunity Presence (Y/N) YES Particulate Change Condition HIGH Condition/Opportunity HIGH Opportunity Presence (Y/N) YES Soluble Change Condition HIGH Condition/Opportunity HIGH Opportunity Presence (Y/N) YES Physical Change Condition HIGH Condition/Opportunity HIGH Opportunity Presence (Y/N) YES Pollution Change Condition NA Condition/Opportunity NA Opportunity Presence (Y/N) NA Habitat Physical Structure Condition HIGH Landscape Patch Structure Condition HIGH Vegetation Composition Condition HIGH Function Rating Summary Function Metrics Rating Hydrology Condition HIGH Water Quality Condition HIGH Condition/Opportunity HIGH Opportunity Presence (Y/N) YES Habitat Condition HIGH Overall Wetland Rating HIGH Appendix C Preliminary ORM Data Sheet JD Request Form PJD Form Waters Upload Sheet Preliminary ORM Data Entry Fields for New Actions BEGIN DATE [Received Date]: Prepare file folder 1.Project Name [PCN F m A2a]: 2.Work Type:Private Commercial 4.Property Owner / Applicant [PCN Form A3 or A4]: 5.Agent / Consultant 6.Related Action ID Number(s) [PCN Form B5b]: 8.Project Location - Tax Parcel ID [PCN Form B1a]: 9. [PCN Form A2b]: 10. [PCN Form A2c]: 11. [PCN Form B2a]: Authorization: Section 10 Section 404 Regulatory Action Type: Standard Permit Nationwide Permit # Regional General Permit # Jurisdictional Determination Request Revised 20150602 3.Project Description / Purpose [PCN Form B3d and B3e]: 7.Project Location - Coordinates [PCN Form B1b]: Government Section 10 & 404 Pre-Application Request Unauthorized Compliance 2 NCDOT WBS No. BP6.R007.1 Jurisdictional Determination Request Version: May 2017 Page 1 This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/Contact/CountyLocator.aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELDOFFICES US ArmyCorps of Engineers 151 Patton Avenue,Room 208 Asheville, North Carolina28801-5006 GeneralNumber: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGHREGULATORYFIELDOFFICE US ArmyCorps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina27587 GeneralNumber: (919) 554-4884 Fax Number: (919) 562-0421 WASHINGTONREGULATORYFIELDOFFICE US ArmyCorps of Engineers 2407 West Fifth Street Washington, North Carolina27889 GeneralNumber: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTONREGULATORYFIELDOFFICE US ArmyCorps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 GeneralNumber:910-251-4633 Fax Number: (910) 251-4025 INSTRUCTIONS: All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D – PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD 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 also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Jurisdictional Determination Request Version: May 2017 Page 2 A. PARCEL INFORMATION Street Address: _______________________________________________ City, State: _______________________________________________ County: Parcel Index Number(s) (PIN): B. REQUESTORINFORMATION Name: Mailing Address: _________________________________________ Telephone Number: _________________________________________ Electronic Mail Address: ________________________________________ Select one: I am the current property owner. I am an Authorized Agent or Environmental Consultant 1 Interested Buyer or Under Contract to Purchase Other, please explain. ________________________________________ __________________________________________________________ C. PROPERTY OWNER INFORMATION 2 Name: Mailing Address: Telephone Number: Electronic Mail Address: _______________________________________________________________________________________________________________________ 1 Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Multiple Parcels Lumberton, NC 28360 Robeson Multiple PIN No.'s Gordon Cashin 1598 Mail Service Center Raleigh, NC 27699-1598 919-707-6107 gcashin@ncdot.gov NCDOT Project Multiple Property Owners Multiple Addresses Lumberton, NC 28360 Multiple Multiple ✔ Jurisdictional Determination Request Version: May 2017 Page 3 D. PROPERTY ACCESS CERTIFICATION 3,4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on- site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Print Name Capacity: Owner Authorized Agent5 Date Signature E. REASON FOR JD REQUEST:(Check as many as applicable) I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources underCorpsauthority. I intendto construct/develop a project or perform activities on this parcelwhich may require authorization from the Corps, andthe JDwould beusedto avoid and minimize impacts tojurisdictional aquatic resources and as aninitialstep in a future permitting process. I intendto construct/develop a project or perform activities on this parcelwhich may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. I intendto construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. I believe that the site may be comprised entirely of dry land. Other:___________________________________________________________________ _______________________________________________________________________ 3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. 4 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). ✔ Jurisdictional Determination Request Version: May 2017 Page 4 F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be “waters of the United States” or “navigable waters of the United States”on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional “waters of the United States”. PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is “preliminary” in the sense that an approved JD can be requested at any time. PJDs do not expire. I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional “waters of the United States” or “navigable waters of the United States” are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other “affected party” (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. Size of Property or Review Area acres. The property boundary (or review area boundary) is clearly physically marked on the site. 3.2 ✔ ✔ ✔ Jurisdictional Determination Request Version: May 2017 Page 5 H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: ______________________ Longitude: ______________________ A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 11x17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 ƒNorth Arrow ƒGraphical Scale ƒBoundary of Review Area ƒDate ƒLocation of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ƒJurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ƒJurisdictional non-wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non-Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ƒIsolated waters, waters that lack a significant nexus to navigable waters, or non- jurisdictional upland features should be identified as Non-Jurisdictional. Please include a justification in the label regarding why the feature is non-jurisdictional (i.e. “Isolated”, “No Significant Nexus”, or “Upland Feature”). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: ƒWetland and non-wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non-wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) ____________________________________________________________________________ 6 Please refer to the guidance document titled “Survey Standards for Jurisdictional Determinations” to ensure that the supplied map meets the necessary mapping standards.http://www.saw.usace.army.mil/Missions/Regulatory-Permit- Program/Jurisdiction/ 34.721591 -79.110703 ✔ ✔ ✔ Jurisdictional Determination Request Version: May 2017 Page 6 Completed appropriate Jurisdictional Determination form x PJDs,please complete a Preliminary Jurisdictional Determination Form7 and include the Aquatic Resource Table x AJDs, please complete an Approved Jurisdictional Determination Form 8 Vicinity Map Aerial Photograph USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms Other Assessment Forms _____________________________________________________________________________ 7 www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/JD/RGL_08-02_App_A_Prelim_JD_Form_fillable.pdf 8 Please see http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Jurisdiction/ Principal Purpose:The information thatyouprovide will beusedinevaluating your requestto determine whether thereareany aquatic resources within the project areasubjecttofederaljurisdictionunder the regulatory authorities referencedabove. RoutineUses:Thisinformation maybeshared with the Departmentof Justice andotherfederal, state,and local government agencies, and the public,andmaybe made available aspartof a public notice as required byfederal law. Your nameandproperty location wherefederal jurisdiction is to bedetermined will beincluded in the approved jurisdictional determination (AJD),which will bemade available tothe public on the District's website andontheHeadquartersUSAGEwebsite. Disclosure:Submission ofrequested information is voluntary; however, ifinformation is notprovided, the requestforanAJD cannot beevaluatednorcananAJD be issued. ✔ ✔ ✔ ✔ ✔ Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A.REPORT COMPLETION DATE FOR PJD: B.NAME AND ADDRESS OF PERSON REQUESTING PJD: C.DISTRICT OFFICE, FILE NAME, AND NUMBER: D.PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: County/parish/borough: City: Center coordinates of site (lat/long in degree decimal format): Lat.:Long.: Universal Transverse Mercator: Name of nearest waterbody: E.REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH “MAY BE”SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non-wetland waters) Geographic authority to which the aquatic resource “may be” subject (i.e., Section 404 or Section 10/404) See Attached List Gordon Cashin, 1598 MSC, Raleigh, NC 27699-1598 NC Robeson Lumberton 34.721591 -79.110703 17 Richland Swamp 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring “pre- construction notification” (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant’s acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit)or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there “may be” waters of the U.S. and/or that there “may be”navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: Waters_Name State Cowardin_Code HGM_Code Meas_Type Amount Units Waters_Type Latitude Longitude Local_WaterwayRichland SwampNORTH CAROLINAR2UB RIVERINE Linear 249 FOOT DELINEATE 34.721536 -79.110787 Richland SwampWANORTH CAROLINAPFO RIVERINE Area 0.52 ACRE DELINEATE 34.722061 -79.110319 Richland SwampWBNORTH CAROLINAPFO RIVERINE Area 0.42 ACRE DELINEATE 34.721721 -79.110119 Richland SwampWCNORTH CAROLINAPFO RIVERINE Area 0.37 ACRE DELINEATE 34.721104 -79.111055 Richland SwampWDNORTH CAROLINAPFO RIVERINE Area 0.54 ACRE DELINEATE 34.721419 -79.111307 Richland Swamp