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Home My WebLink About20140717 Ver 1_401 Application_20140714O�OF W A r4�9�G 2 0 1 4 0 7 1 7 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 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 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1g. 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: Roten Project 2b. County: Ashe 2c. Nearest municipality / town: West Jefferson 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Michael Dean Roten 3b. Deed Book and Page No. Deed Book 192, page 631 3c. Responsible Party (for LLC if applicable): Michael Dean Roten 3d. Street address: 5272 Highway 16 North Lot 1 3e. City, state, zip: Crumpler NC 28617 3f. Telephone no.: 336- 982 -3307 3g. Fax no.: 3h. Email address: mr300mag @yahoo.com Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version -licani, "X'Af 6LOea—b7-bq47NI."(F" ff�djffer t-_fr6m-,6rn6rj .4 b7--, me Tom Davis 4'-,BIu5QI�raQE- - L c pi siness-name f I a I MI'l)_ NAA Lt--_We_eMd�C:ejs' ?iATS 5`d: 573 John Griffith Road 246 Kf5ijt' yC,A?a'tIp- Lansing NC 28643 ,4_f Ulep e n� 336-384-4135 4g Fax no N/A rh, AW Fa I CF W-d _Fksl-' Cni-dfii—s sky--at-o :5'Kjf�g MLC 5a Name 5b Business name (if applicable) 5c Street address 5d City, state, zip 5e Telephone no 5f Fax no 5g Email address Page 2 of 11 Page 3of11 PCN Form - Version 1 3 December 10, 2008 Version 1 Property Identification la Property identification no (tax PIN or parcel ID) 10076-016 itMrs T�tb East Roaring Fork 2b Water Quality Classification of nearest receiving water C,Tr,ORW �Riv'i-,0N6'rsih:—VW 00T 3. Project Description Kist'Ln"gTLcy,niliti—C,n-ti-c�-'n F`31 Ta The project site is located in a rural area, with mainly Christmas tree farming and some residential The property is located on Roaring Fork Road, approximately 1 5 mile from the intersection of NC Hwy 88 and Roaring Fork Road The owner would like to place,& culvert in EastRoaring Fork branch to access a home that-will placed in a open field just west of the stream The owner would like to place a culvert in East Roaring Fork branch to access a home that will placed in a open field just west of,the stream ect =in A 30' long culvert1with a diameter of 4' will be placed by a small track hoe i - n East Roaring Fork branch to access,said home The culvert will be buried 0 5 feet into the bottom of the,stream, so that all stream aquatics can pass up and down stream unimpaired A silt fence will be placed at the bottom of all fill slopes to prevent any runoff that may occur until vegetation is,established 4 Jurisdictional Determinations .Let_drm7i-h5t(6h,W6s-m d6?, !Ca tlh"5 ERA Page 3of11 PCN Form - Version 1 3 December 10, 2008 Version � �--r9iKebta =Rikory, W �_' a -- ' e@�n",,e� 7elffo I I ki Th, p rctits',Ig ce 6 n7—!--§ st 'r u?, Einh ,s � Ju �, t� �66gja �Ijpffi _ es I r roj p s tj §b RR,- q7-xpTJC—njiE Cd6:tji:lra:�qcordin!j' p�-Ifire%rstdicti3ds �WeT,.: utur - -F6 7 t�h i _s _�a�sedjpr,6 ct," a 9Bl–Aj'e–sn,q:'O La(nl Page 4 of 11 C. Proposed Impacts Inventory 1, Impacts Summary Y* Isd _�HffifflF_ _7A�VA__ _L !:�ja� pj J_ Mh:iKc �ioiwdhi?i d7b CbW&To Mrpr6j c�lkth%t jp ,�rfCs, ZfVSt_-r6a4n7s F� Buffers qn LW_ate:rs: ElKorLfflC;"6�6 tructibh' R[E7)p kig,W�Ctl =rfdl I It h I - =6-f7,__EUtCan:dj,! r p _6te rho FrolM -f,6-n `6�91t -6g�o:Cold'�LFer,�tRffi�Esqgelti6n orE.raffff '9' T_W C _�d �ed7Lffi4L 6� E�i �Mp 2�i -2 bA 2_61 2d 5 Z& 211 6nMmpac LT--ffe;or n tI&I jrT hu'Se§!, ,if pe'R iffpAct -., -A4- T N�etland E2�pel Wk R- P.6jrdis ed r :L(e6Mimp A, bi j5 6�r n I a r feMt T-0--jr �- "LOHly _nL6 Z Lfi C n A 6R�&U IT I E Mmo Al 41, Wl El P 0 T El Yes El Corps El No DWQ W2 Ef P F-I T Yes Corps [:1 No El DWQ W3 [:1 P F� T El Yes [:1 Corps El No [:1 DWQ W4 0 P F�j El Yes 0 Corps E] No [:1 DWQ W5 MPFT El Yes El 6orps El No DWQ W6 El R F-1 T El Yes Corps No [:]'DWQ 2g TUS 31 �,* Ct r fffii N CH m.6 'ac t i Ols .q YaN 'Ob T81 -21 :3R, �� ,E,.trlF*A g—jqfk,-M,-p-Ajt ff r-p 5t: Zi�-a7Hhffire P,e;-r 6-n Ki'g -1 'Ef I ImPAMt W;,y num er�a ? ea m e maQnr.(-)ji_7rj inter t DW,Q,.-- 64404% width (linp -X I e6p-lol ITMrT a i0t) feQ@ Sl ZPF�T Cuivert East Fork Roaring 'Z PER Z Corps 5 30 Fork [:1 INT DWQ S2 Fj P F� T [:1 PER Corps [:11 NT E:l DWQ S3 F-1 P F T Ej PER [:1 Corps Ej INT Ej DWQ S4 [-I P F� T PER Corps INT DWQ S5 E] P [:] T PER El Corps INT E:l DWQ S6 E:]'P,F� T PER [:1 Corps E] 114T E],DWQ - Otalstr �am e EfRb-U�tary)ii !JAJ� 3�1,T�,,.e �Kc�� L60 10: 31 Comments Page 5 of 11 4` IV Water hm ac st Ifthe e_are�proposedimpacts to lakespondsesti as�t�ibutanes, sounds the Atlantic,Oceanort.any other open wat re of tlie�U�S �thenridwiduall ist�3alho en w t ��m actsb'�elow`� 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 04 ❑P z� -�. ,4fTot. algenw,aterimpacts 'o 0 4g Comments,, 5 POrld or L� ake C- rZ ruct of n Ifs and or lake construction `'ro ed theri "com letetthe 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� tal - CM M 0 - 5g Comments 5h Is a dam high hazard permit required ❑ Yes ®No If yes, permit ID no 51 Expected pond surface'area (acres) 51 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-Pa mlico El Other Project is in which protected'basin? ❑ Catawba ❑ Randleman 6b 6c 6d 6e 6f 6g Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet), Temporary T impact required? B1 ❑P ❑T El Yes ❑ No - B2 ❑P ❑T El Yes ❑ No B3 ❑ P ❑ T ❑ Yes ❑ No 6h Total buffer impacts 0 61 Comments Page 6 of 11 D I,mpact:Justi icf ationand Mitig tia on �1:Avoidanceandl Minimiiation ,gcifcally describe em asures taken t_osavoitl or minim a the proposed ripacts mdesigrnng2protect1 The culvert will be buried 0 5 feet into the bottom of the stream, ,so that all stream aquatics can pass up and down stream unimpaired A silt fence will be placed at,the bottom of all fill slopes to prevent any runoff that,may occur until vegetation is established "u"�l1$^ w�"�'T '� F"R df%T"r- b Specifically descnbemeasurestaken to avoid or mmimizethegproPosedimpactsthrough�constructionaechniques During construction, equipment will not access the stream For this project, it is anticipated that all of the track hoe,work can be accomplished from the top of1the bank Soil disturbance will be limited to what can be seeded and stabilized in one day Banks will be seeded and coir matting will be, placed and anchored with wooden stakes Flat areas will be seeded and covered with straw 2 ",Cmp satory Mitigation- for'Impa ts�to Waters of'ttie U S. or Waters of the State ®Yes ® No 2a -Des th pro ear _equireCompnsa�toryMitigatonfo rnpa� ctsto Watersof tleUSor,Waters oftheState�?, 2b If yes, mitigation is required by (check all that apply) ❑ DWQ ❑ Corps R9 j! anon bank 2c If yes,,p h-, mitigat o so tion will be used or th s - �P t: - -- -- � ®Payment toinwliefeearp�ogram prole, ct ❑ Perrmittee Responsib ee Mitigation 3 Complete �f s rig .WMitig fl &n:6 3a Name of Mitigation Bank 3b Credits Purchased (attach receipt and letter) Type Quantity 3c Comments 4 Completeif_M =king P maymay e t t_o ln= lienFee rogue m 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 E: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 1a Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? lb If yes, then is a diffuse flow plan included? If no, explain why ❑ Yes ❑ No Comments 2 Stormwater Management Plan 2a What'is the overall percent imperviousness of this project? 2b Does,this project require a�Stormwater Management Plan? ❑ Yes, ® No 2c If this project DOES NOT require a Stormwater Management Plan, explain why 2d If this project DOES require a Stormwater Management Plan, then prowde,a brief, narrative description of the plan ❑ Certified Local Government 2e Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ_401 Unit 3. Certified Local Government Stormwater Review 3a In which local government's jurisdiction is this project? ❑ Phase II ❑ NSW 3b Which of'the following Ibcally- 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 ❑ 0 R (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) �1 a 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 ❑ No letter ) Comments 2 , Violations (DWQ Requirement) 2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated Wetland Rules (1'5A NCAC 2H 1300), DWQ Surface Water of Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B 0200)? 2blsthis�anfafter ,�the�;factermit application'; 2c If you answered "'yes" to one or both of the above questions, provide an explanation of the violation(s) '3. Cumulative Impacts (DWQ, Requirement) 3a Will this project (based on past and reasonably anticipated future impacts) result in Yes No additional development, which could impact nearby downstream water quality? 3b If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact'analysis in accordance with the most recent DWQ policy If you answered "no," provide a short narrative description 4 Sewage Disposal (DWQ Requirement) 4a Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject.facility, Page 10 of 11 PCN Form — Version 1 3 December 1'0, 2008 Version S. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a Will this project occur in or near an area with federally protected species or ® Yes ❑ No habitat? 5b Have you checked'with the USFW&concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c If yes, indicate the USFWS Field Office you have contacted ❑ Asheville 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat ?, US;Fish and Wildlife Service website hftp / /www fws gov /nc- es /es /countyfr html 6 Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? ,http //ocean flondamarine org /efh= coral /ims /viewer htm 7 Historic or Prehistoric Cultural Resources (Corps Requirement) 7a Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e g , National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b What data sources did, you use to determine whether your site would impact historic or archeological resources? National Register of Historic Places athttp / /www hpo ncdcr gov /nrlist htm 8� FlootlZone .Designation�,(Corps�Regtiir 8a` Wdlahisprotectroccur mMa�FEMA -desi nated,100- ear4 flood F 9� Yrp ®ryes® N�o 8b �If yesplam"�h w pro�t meets�F�EMArequirem nts�_ 8c'�Whatsou cr e(s tlid you a eto�make�theafloo '�d�lain�determmation Tom Davis July 3rd 2014 �...:a C - - - 2 TT °i PT ?b '�f A licant/Ag_ -V,s Pr nteN,- ame R Date i'�i t s+a» `�a� M 5 $ Applicant/Agent s Slgmature (Agents "ignatus�valid onlyrif an authorization letterfrom "dthe�apph� c _ant is, rovided1` Page 11 of 11 I, designate Tom Davis of Davis Consulting to act as my duly authorized agent concerning all US Army Corps of Engineers and NC DENR permitting regarding th_e culvert placement project on my property in � e_ County, NC. Ar Name Address 11(9 -713- 07 49 Phone number 3D V 6 E -mail address Q-017-`.. Alm Fax number 7/9//z�i Signature Date DEPARTMENT OF THE INTERFOR STATF-S OALD.IN GAP QUADRANGLE '01 ,., • U_ MIMNES UNrrVEAD ARY AUTHORrTY -T—MEE `= .1— .-M — ;� 01; r-AL SURVEY NORTH CAROLMA POND MOUNTAIN CLtF 'IN rORLST 0; 0 41 L 14 �o K 0 mar— IL j 49 0 T- BALDWIN OAP. N 0�,C -TENN. i J �i �1 w %Z Ill IL S d r I _ t 1 r n G r a e W' o� x �^ � � W r o I Z r� y o ' PROPOSED N�USE I T 0 _ - v 0 0 I X � as O -n 0 0 cloy O < cn I m I m )> \ aa'� � y r-o �p < o o, 2 z O 'C� � O� �� U O CD a 3� 'n 0 m v 0 Cr CD EAST ROARING FORK F I o CL EAST ROARING FORK ROAD cn - o �' �f �„ �m,M Cil W I = Z z F- D m o D ? N O) z 7 Z 0 _ = N � O � S N O D (D I I n m m 00 < 0 N 3 z ();: z :, 0 w U :5 D O X 00 CO C: W z D C- W O L rn L4 0o z m Ln W 0 z -� i t EAST ROARING FORK ROAD r �W \ n C \ cz O -�r W O J /T D CA W .y o �' m D N O is (D ,v m 91 C1 (D w ° n X 3 v m r �W \ n C \ cz O -�r W O J /T D CA W .y O N M O d' N t'7 �r C) N I- C) 0 LO O cu 07 N C L (L), C Q) U C O cn 0 E O U- a) O n. N co 0) L U w luj 0002 w w N W W m W W °' (D (D � a 0 000OQJQw0cr-ww� o wWF- H�U�0�C�C�C�U —(U CD non "m,'t�0000�� o -� m 0 0 00 O M M M Nr M W M M M ,M M M N M M M rM M M M N N N N N N N N M N N N N N M M M M M M M M M M M M M M 0 C p M lf) O 0 M ti 0� .- LO O N 00 I� N' 0 M "' CO 00 L" ca W,p(0(00� 00t`t0f) q CO 00 00)00)�,0)0:00��a)a)� 00000000)0 000 p 00 0 M O M 't d ti 00 00 N O g r- o— O 0,o O O .p O O O .- 0 p� O 0p Cfl N Zp000000000(y)��00 00'0000,000)0000 0 p 0 0 0 0 0 0 0 0) 0 0 0 O c 2 J J J J J J J J J J J J J J coo U U U U U U U U U U U U U U 0 tr- � 00000000000000 C O O N CO � EL � N M T r" � � U') O M M N N M C7 LO N N c'7 lf) O Lr) M M N, N N N M M M O lf) O O O LO + O O O + O M APPROVED JURISDICTIONAL DETERMINATION FORM U S Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook SECTION 1: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER-Western Peidmont Region Coordinator 3855 Idlewild Road Kernerville NC 27284 -9,180 ,C. PROJECT LOCATiION AND BACKGROUND INFORMATION. State NC County/parish /borough Ashe City West Jefferson Center coordinates of site (lat/long in degree,Aecimal format) Lat 36'2956° T, Long -813858' W Universal Transver'se,Mercator Name of nearest waterbody East Fork Roarmg,Fork Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows North Fork New River Name of watershed or Hydrologic Unit Code (HUC) ® Check if map /diagram of review area and /or potential Jurisdictional areas is /are available upon request Check if other sites (e g , offsite mitigation sites, disposal sites, etc ) are,associated with this action and are recorded on a different JD form D. _REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY) Office (Desk) Determination Date Field Determination Date(s) July P, 2014 SECTION II: SUMMARY OF FINDINGS A RHA SECTION 10 DETERMINATION OF JURISDICyTION There Are o "navigable waters of the US" withinRi`vers and,Harbors Act (RH;A) Jurisdiction (as,defined,by 33 CFR part 329) in the review area [Required] ® Waters subject to the ebb and flow of the,tide FBI 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 "waters of the 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):' R TNWs, including territorial seas Wetlands adjacent to TNWs Relatively'permanent waters2'(RPWs) that flow directly or indirectly into TNWs N Non -RPWs that flow directly or indirectly into TNWs Wetlands directly .*abutting RPWs +that flow directly or indirectly into TNWs R Wetlands adjacent to but not directly abutting RPWs that flow directlyior indirectly into TNWs M Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs R2 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 30 linear feet 5 width (ft) and /or 0 003 acres Wetlands 0 acres c Limits (boundaries) of Jurisdiction based on Established by OHWsM�. Elevation ofestablished OHWM,(if known) 2 Non - regulated waters /wetlands (eheck;if,applicable).3 Potentially jurisdictional waters and /or wetlands were assessed within the review area and determined to be not jurisdictional Explain Boxes checked below shall be'supported by completing the,appropriate sections in Section III below 2 For purposes of this forni, an RPW is defined,as a tributary that is not a TNW and that typically flows year -round or has continuous flow at least "seasonally" (e g,, typically 3 months) 3S upporting documentation is presented in Section III F SECTION III• CWA,ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agenciesi will assert'jurisdiction over TNWs and wetlands adjacent to TNWs If the�aquatic, resource is a, TNW, complete Section, III Al and Section III D 1 only; if the�aquatm resource is a wetland'adjacent to,a TNW,,complete Sections III A I and,2 and Section III D 1',votherwise,,seeiSection III B below 1 TNW Identify TNW ,Summari'ze,rationale'supportmg determination Wetlandiadjacent4o TNW Sdrnmanze�rationale #supportmg conclusion'that wetland,is "adjacent" B CHARACTERISTICS "OF TRIBUTARY (THAT ISINOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This seetion sum=marizes information regarding'chaeacteristicVoUthe tributary and its adjacent wetlands, if any, and it helps determine, whether or not thefstandards for jurisdiction established ,,under Rapanos have beentmet. The agencies will assert, jurisdiction aover,non - navigable tributaries,of TNWs4Jtfere the,tributarie&are "relatively (permanent waters" (RP-WA); i.e. tributaries thaYtypically, flow year -round or have,contmuous flow,at least seasonally,(e:g., typically 3 months)' A wetland thatadieectly abuts an RPW is also jurisdictional If the aquatic resource,is not -a TNW,, but,has year -round (perennial) flow, skip to Section. III:D.2., If,the�aquatwresource is a wetland directly abutting,a tributary with perennial flow, skip tolSection >II:D.4. A Wetland that is adjacentfito'but that does notAirectly abut an RPW,requires a significant nexus, eval u atib n. Corps, districts, and EPA regions will mcludehmethe record any available information that documents the,existence of a,significant nexusdbefween a relatively permanent tributary °that is not perennial (and its adjacent wetlands,if any) and a traditional navigable water, even though a signifi_caint nexus finding is not required4as a,mattee of IaW. If the Water'_body' is not an RPW, or a,wetlii directly abutting an RPW,,a JD Will req"uireladditional data,to'determme if the waterbody has a significant nexus with a TNW,. If the,tributary has adjacent wetlands; <the siguificant,nezus evaluation must consider tfie'tributary in cornbination,withiall of it`,adjacent wetlands. This significant nexus evaluation that combines, `for analytical purposes, theltributary 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 mtributary, with adjacent wetlands, complete Section III B t 466 the,tributary, Seetioif 111'13.2r176r,any onsite Wetlands, and` Section.H1 B'3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether, °a significant nexustexists is ,determined in Section III C below 1. Characteristics of non -TNWs that flow directly or indirectly into TNW (i) Geneeal Area Conditions. Watershed size 264,,� r Drainage area 264 acres ,Average annual rainfall 3,7,'mches Averagetannual snowfall 35 inches ,(u) P,hysical`Characteristics (a) Relationship with TNW ❑ Tributary flows directly into TNW ®'Tributary`flows through I tributaries before entermgsTNW Project,waters are F - ;0 river miles,from'TNW Project waters are ore s river,miles from RPW, Project waters are, 6,aerial (straight) miles from TNW Project waters are (0 1 aenal (straight) miles from RPW Project'waters cross or serve as state boundaries Explain Identify flow route`to TNW5 Tributary stream order, if known a N6te,thabthe' Instructional ',Guidebook- contams,additi6nal information regardwgFswales, ditches, washes, and erosional,features generally and in the arid West 5 Flow route'can be described by'identifymg, e g , tributary a „which,flows through the review area, to flow into tributary b, which then flows,mto TNW (b) General Tributary Characteristics (check all that apply) Tributary is ® Natural ❑ Artificial (man -made) Explain ❑ Manipulated (man - altered) Explain Tributary properties with respect to top of bank (estimate) Average width 5 feet Average depth 5 feet Average side slopes 2a. Primary tributary substrate composition, (check all that apply) ® Silts ® Sands ® Cobbles ® Gravel ® Bedrock ® Vegetation Type /%icover ❑ Other Explain ❑ Concrete ❑ Muck Tributary condition /stability [e g, highly erodmg,,sloughing banks] Explain Banks are relatively stable Presence of run/riffle /pool complexes Explain Mostly,one big riffle with,somexpools Tributary geometry Relativel 'str "ai�ht Tributary gradient (approximate. average slope) 51 /o (c) Flow Tributary provides for Seasonal)tlow Estimate average number of flow events in review area/year , 5 Describe flow regime Other information on duration and volume Surface flow is Discreteandconfined Characteristics Subsurface flow Unitno_wn Explain findings ❑ Dye (or other) test performed Tributary has (check all that apply) ® Bed and,banks ❑,OHWM6 (check -all indicators that apply) ❑ clear, natural line impressed on the bank ❑ the presence of litter and debris ❑ changes in the character ofisoil ❑ destruction of terrestrial vegetation ❑ shelving ❑ the presence of wrack line ❑ vegetatiow matted down,,benf, or absent ❑ sedimenusortmg ❑ leaf litter disturbed or washed away ❑ scour ❑ sediment deposition ❑ multiple observed or predicted flow events ❑ water staining ❑ abrupt change in plant community ❑ other (list) ❑ Discontinuous OHWM 7 Explain If factors other than the OHWM were used to determ High Tide Line indicated by n ❑ oil or scum line along shore objects ❑ fine shell or debris deposits (foreshore) ❑ physical markings /characteristics ❑ tidal gauges ❑ other (list) me lateral extent of CWA jurisdiction (check all that apply) Mean High Water Mark indicated by ❑.survey to available datum, ❑ physical markings, ❑ vegetation lines /changes in vegetation types (w) Chemical Characteristics: Characterize tributary (e g , water color is clear, discolored, oily film, water quality, general watershed characteristics, etc`) Explain water color clear Identify specific pollutants, if known 6A naturabor man- madeidiscontmuity 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 m4he OHWM that is,unrelated to the waterbody s flow regime (egg , flow over a rock outcrop or through a culvert) „the agencies will look for indicators of flow above and below the break 'Ibid (rv) Biological Characteristics. Channel supports (check all that apply). ® Riparian corridor Characteristics (type, average width) ❑ Wetland fringe Characteristics ® Habitat for ❑ Federally Listed species Explain findings ® Fish/spawn areas Explain findings observation of fish ❑ Other environmentally - sensitive species Explain findings ® Aquatic /wildlife diversity Explain findings observation of aquatic life 2. Characteristics of wetlands adjacent to non -TNW thabtlow directly or indirectly into TNW (i) Physical Characteristics (a) General Wetland Characteristics Properties Wetland size acres Wetland type Explain Wetland quality Explain Project wetlands cross or serve as state boundaries Explain (b) General Flow Relationship with Non -TNW Flow is "Pick L Explain Surface flow is- c L Characteristics Subsurface flow =ckl is Explain findings ❑ Dye (or other) test performed- (c) Wetland Adjacency Determination with Non -TNW ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland Hydrologic connection Explain ❑ Ecological connection Explain ❑ Separated by berm/barrier Explain (d) Proximity (Relationship) to`TNW Project wetlands are P;I�ZT st river miles from TNW Project waters are Y =Jtkhsaerial (straight) miles from TNW Flow is from , iP List Estimate approximate location of wetland as,within the Pick Lis floodplam (u) Chemical Characteristics: Characterize wetland system (e g , water color is clear, brown, oil film on surface, water quality, general watershed characteristics, etc ) Explain Identify specific pollutants, if known (m) Biological Characteristics. Wetland supports (check all'that apply). ❑ Ripari'an 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 &C Ell pal t Approximately ( ),acreOn total are,being considered in.the cumulative analysis For each wetland, specify the following Directly abuts? (YIN) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed C SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions,of the tributary itself and'the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the,followmg situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect -on the chemical, physical and /or biological integrity of ,a TNW Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g between a tributary and its adjacent`wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a,floodplain is not solely determinative of significant nexus Draw connections between the features documented and the effects on,the TNW, as identified in the 6apanos Guidance,and discussed in the Instructional Guidebook Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the, capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW9 • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle, support functions for fish and other species, such as feeding, nesting, spawning, or rearing young,for species that are present in the TNW9 • Does`the,tributary, in combination with its adjacent wetlands,(if any), have the capac►ty'to transfer nutrients and orgamc,carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW9 Note: the above list of considerations is not ^inclusive and other functions observed or known to occur should be documented below 1 Significant nexus findings for non -RPW that has no adjacent wetlands and flows directly or indirectly into TNWs Explain findings of presence or absence,of significant nexus below, based on the tributary itself, then,go to Section III D 2 Significant nexus findings, for non -RPW and its adjacent wetlands, wherefthe non -RPW flows directly or indirectly into TNWs Explain findings of presence or, absence of significant nexus below, based on,the,tributary m,corribmation 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'm combination with all of its adjacent wetlands, then go to Sectlon;Ill D D DETERMINATIONS OF JURISDICTIONAL FINDINGS.'THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1 TNWs'and AdjacenfWetlands Check all thavapply and provide size estimates in review area R TNWs linear feet width (ft), Or, acres Q Wetlands'adjacenvto TNWs 0 acres 2. RPWs that flow directly or indirectly into TNWs. Tributaries of TNWs where tributaries typically flow -year -round are,jurisdictional Provide,data and rationale indicating that tributary is perenmal ® Tributaries of TNW where tributaries have continuous flow "seasonally" (e g , typically three months each year),are jurisdictional Data supporting this=conclusion is provided at Section III B Provide rationale indicating that tributary flows seasonally - Provide estimates for. jurisdictional waters in the review area (check all that apply) 0 Tributary waters '30 linear feet 5 width (ft) ® Other non - wetland waters acres Identify type(s) of waters 3. Non -RPWss that flow directly or indirectly into TNWs El 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) M. Tributary waters 30 linear feet 5 width (ft) ❑ Other non - wetland waters acres Identify type(s) of waters 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. [ ] Wetlands directly�abut RPW and thus,are jurisdictional as adjacent wetlands t Wetlands directly abutting an RPW where tributanes'typically flow year -round Provide data and rationale indicating that tributary is perennial in Section III -D'2, above Provide, rationale indicating that wetland is directly abutting an RPW ❑ Wetlands directly abutting an RPW where, tributaries'typically flow "seasonally" Provi&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`m combination with the tributary to which they are adjacent and with similarly °situated adjacent wetlands, have a significant nexus with a TNW are, jurisidictional Data supporting this conclusion is provided at Section III C Provide acreage estimates for jurisdictional wetlands in the review area acres 6. Wetlands adjacent to non- RPWs,that flow directly or indirectly into TNWs ❑ Wetlands adjacent to such waters, and,have,when considered in combination with the tributary to which they are adjacent and with similarly, situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional Data supporting this conclusion is provided at Section III C Provide estimates for. jurisdictional wetlands in the review area acres 7 Impoundmentsiof jurisdictional waters 9 As a,general'rule, the impoundment,of a jurisdictional °tributary remains jurisdictional Demonstrate, that impoundment wasncreated from,'"waters of the U S , ",or Demonstrate, that water meets the criteria for one +of the3categories,presented above (1 -6), or [� Demonstrate that water is isolated with a nexus,to,commerce (see E�below) E ISOLATED [INTERSTATE OR INTRA- STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY) 10 which are or could be used by interstate or foreign travelers for recreational or other purposes El 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 Q Other factors Explain Identify water body and summarize rationale supporting determination 8See Footnote # 3 9 To,complete the analysis refer to the key in Section iiI D 6 of the Instructional Guidebook 10 Prior to asserting or declining CWA jurisdiction based solely on thisicategory, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process) described in the Corps /EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos Provide estimates for Jurisdictional waters in the review area (check all that apply) R Tributary waters linear feet width (ft) ® Other non - wetland waters acres Identify type(s) of waters Q Wetlands acres F. NON - JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): M 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 A 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 0 Other (explain, if not covered above) Provide�acfeage,estimates for non -jurisdwtional °waters in the review area, where the sole potential basis of Jurisdiction is,the MBR factors (re , presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional Judgment,(check all that apply) K Non - wetland waters (i e, rivers, streams) linear feet width (ft) ® Lakes /ponds acres Other non - wetland waters acres List type of aquatic resource Wetlands acres Provideacreage estimates for non - jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for Jurisdiction (check all that apply) M Non - wetland waters (i e , rivers, streams) linear feet, width (ft) ® Lakes /ponds acres El Other non - wetland waters acres List type of aquatic resource 0 Wetlands acres SECTION IV DATA SOURCES. A. SUPPORTING DATA Data reviewed for JD (check all that apply - checked itemsishall be included in case file and, where checked' and requested, appropriately reference sources below) ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant ❑ Data sheets prepared /submitted,by or on behalf of the +applicant /consultant ❑ Office concurs with data sheets /delineation report ❑ Office does not concur with data sheets /delineation report ® Data sheets prepared by the Corps fi Corps navigable waters' study Q 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 ® USDA Natural, Resources Conservation Service Soil;Su_rvey Citation ® National wetlands inventory maps) Cite name Q State/Local wetland inventory map(s) MC FEN A /FIRM maps ® 100 -year Floodplam Elevation is (National Geodectic Vertical Datum�of 1929) ® Photographs ❑ Aerial (Name & Date) or ❑ Other (Name & Date) ® Previous determination(s) File no and date of response letter MR Apphcable/supporting case law ' Applicable /supporting scientific1hterature Other information (please specify) 13. ADDITIONAL COMMENTS TO SUPPORT JD: