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HomeMy WebLinkAboutAppendixIII_WetlandsEval_Updated Environmental Report-07.29.2022 Appendix III – Wetlands Evaluations Appendix III.A – December 10, 2019 Approved Jurisdictional Determination U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2006-00574 County: Pender U.S.G.S. Quad: NC- Topsail NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Jamestown Pender L.P. Troy Harris Address: Ponce de Leon Avenue NE, 7th Floor Atlanta, GA 30308 Telephone Number: 704-347-4747 E-mail:wrussellweil@gmail.com Size (acres) 207.4 Nearest Town Hampstead Nearest Waterway Godfrey Creek River Basin Cape Fear USGS HUC 03030007 Coordinates Latitude: 34.403255 Longitude: -77.691409 Location description: The project area is located east of Hoover Road and Castle Bay Subdivision, south of Wolf Pond Road, north of North Saint Johns Church Road, and west of Lodge Road in Hampstead, Pender County, NC. Form 1 of 2 documents the relevant reach of the site via Godfrey Creek. Indicate Which of the Following Apply: A. Preliminary Determination There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. SAW-2006-00574 The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 12/10/2019. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in in Wilmington, NC, at (910) 796-7215 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Emily Greer at 910.251.4567 or emily.c.greer@usace.army.mil. C. Basis For Determination: Basis For Determination: See the approved jurisdictional determination form dated 12/10/2019. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps’ Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 02/08/2020. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: ______________________________________________________ Date of JD: 12/10/2019 Expiration Date of JD: 12/08/2024 GREER.EMILY.C.1385325300 Digitally signed by GREER.EMILY.C.1385325300 Date: 2019.12.11 15:04:08 -05'00' SAW-2006-00574 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: LMG Wes Fryar E-mail: wfryar@lmgroup.net NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Jamestown Pender L.P., Troy Harris File Number: SAW-2006-00574 Date: 12/10/2019 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. x ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. x OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit x ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. x APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. x ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. x APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division Attn: Emily Greer Wilmington Regulatory Office U.S Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 If you only have questions regarding the appeal process you may also contact: Mr. Phillip Shannin, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. ________________________________________ Signature of appellant or agent. Date: Telephone number: For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Emily Greer, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RRRREsri, HERE, Garmin, (c) OpenStreetMap contributors05001,000250FeetScale applies to 11X17" print.3805 Wrightsville AvenueWilmington, NC 28403(910) 452-0001Figure 7Preliminary WetlandMapJamestown Pender ProjectPender County, NCMap Date: June 2019LMG18.132³L:\PERMITS\2018 PERMIT FILES\01-18-132 --- Jamestown Pender Project, Russell Weil\MapsBoundaries are approximate and not meant to be absolute.Map Source: 2016 NC One MapThis is not a survey. All boundaries and distances are consideredapproximate. This represents a preliminary sketch prepared from field notes.The site has not been field verified by the USACE at this time. Thisdelineation was performed by Wes Fryar on 05-20-2019.SiteLegendBoundaryWetlands - 18.38 acUplands - 189.03 ac (91%)Open Waters - 0.59 ac RPWs - 16,867 lfDP1-UPDP2-UPDP3-UPDP4-WET Esri, HERE, Garmin, (c) OpenStreetMap contributors07001,400350FeetScale applies to 11X17" print.3805 Wrightsville AvenueWilmington, NC 28403(910) 452-0001Figure 8Rapanos ReferenceMapJamestown Pender ProjectPender County, NCMap Date: June 2019LMG18.132³L:\PERMITS\2018 PERMIT FILES\01-18-132 --- Jamestown Pender Project, Russell Weil\MapsBoundaries are approximate and not meant to be absolute.Map Source: 2016 NC One MapThis is not a survey. All boundaries and distances are consideredapproximate. This represents a preliminary sketch prepared from field notes.The site has not been field verified by the USACE at this time. Thisdelineation was performed by Wes Fryar on 05-20-2019.SiteLegendBoundaryGodfrey Creek ReachTrumpeter Swamp ReachWetlands - 18.38 acRPWs - 16,867 lfOpen Waters - 0.59 ac TrumpeterSwampGodfreyCreekWetland A~2.134 acWetland B~3.965 acWetland F~2.435 acWetland G~3.358 acWetland D~6.484 acOpen Waters 1~0.460 acOpen Waters 2~0.134 ac 6$:GREER.EMILY.C.1385325300Digitally signed by GREER.EMILY.C.1385325300 Date: 2019.12.11 15:04:41 -05'00' 6$:GREER.EMILY.C.1385325300Digitally signed by GREER.EMILY.C.1385325300 Date: 2019.12.11 15:04:59 -05'00' APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 12/10/2019 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, McFarland/Mitigation Bank/Preliminary JD, SAW-2006- 00574 Form 1 of 2 C. PROJECT LOCATION AND BACKGROUND INFORMATION: The project area is located east of Hoover Road and Castle Bay Subdivision, south of Wolf Pond Road, north of North Saint Johns Church Road, and west of Lodge Road in Hampstead, Pender County, NC. Form 1 of 2 documents the relevant reach of the site via Godfrey Creek. State: NC County/parish/borough: Pender City: Hampstead Center coordinates of site (lat/long in degree decimal format): Lat. 34.403255 , Long. -77.691409 Universal Transverse Mercator: Name of nearest waterbody: Godfrey Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Harrisons Creek Name of watershed or Hydrologic Unit Code (HUC): 03030007 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: 12/10/2019 Field Determination. Date(s): 5/20/2019, 8/02/2019 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There are no “navigable waters of the U.S.” within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] Waters subject to the ebb and flow of the tide. Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There are “waters of the U.S.” within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply):1 TNWs, including territorial seas Wetlands adjacent to TNWs Relatively permanent waters 2 (RPWs) that flow directly or indirectly into TNWs Non-RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs Impoundments of jurisdictional waters Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non-wetland waters: 12,500 (RPW 1) + 2,600 (RPW 2) + 430 (RPW 3) + 500 (RPW 4) + 840 (RPW 5) + 17,900 linear feet, 8 wide, and 0.46 (Open Water 1) + 0.13 (Open Water 2) = 0.59 acres. Wetlands: 2.13 (Wetland A) + 4.0 (Wetland B) + 2.44 (Wetland F) + 3.4 (Wetland G) = 12 acres. c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):3 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: SECTION III: CWA ANALYSIS 1 Boxes checked below shall be supported by completing the appropriate sections in Section III below. 2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least “seasonally” (e.g., typically 3 months). 3 Supporting documentation is presented in Section III.F. A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetlandadjacent to TNW Summarize rationale supporting conclusion that wetland is “adjacent”: B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are “relatively permanent waters” (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody 4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.C below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 130 square miles Drainage area: 0.61 square miles Average annual rainfall: 57 inches Average annual snowfall: 1 inches (ii) Physical Characteristics: (a) Relationship with TNW: Tributary flows directly into TNW. Tributary flows through 3 tributaries before entering TNW. Project waters are 5-10river miles from TNW. Project waters are 1 (or less)river miles from RPW. Project waters are 5-10 aerial (straight) miles from TNW. Project waters are 1 (or less) aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNW5: Site to Godfrey Creek to Harrisons Creek Tributary stream order, if known: (b) General Tributary Characteristics (check all that apply): Tributary is: Natural Artificial (man-made). Explain: Manmade drainage ditches 4Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid West. 5Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: 8 feet Average depth: 6 feet Average side slopes: Vertical (1:1 or less). Primary tributary substrate composition (check all that apply): Silts Sands Concrete Cobbles Gravel Muck Bedrock Vegetation. Type/% cover: Other. Explain: Tributarycondition/stability [e.g., highly eroding, sloughing banks]. Explain: Stable Presence of run/riffle/pool complexes. Explain: None Tributary geometry: Relatively straight Tributary gradient (approximate average slope): 1 % (c) Flow: Tributary provides for:Perennial Estimate average number of flow events in review area/year: 11-20 Describe flow regime: Other information on duration and volume: Surface flow is: Discrete and confined.Characteristics: Subsurface flow: Unknown. Explain findings: Dye (or other) test performed: Tributary has (check all that apply): Bed and banks OHWM 6(check all indicators that apply): clear, natural line impressed on the bank the presence of litter and debris changes in the character of soil destruction of terrestrial vegetation shelving the presence of wrack line vegetation matted down, bent, or absent sediment sorting leaf litter disturbed or washed away scour sediment deposition multiple observed or predicted flow events water staining abrupt change in plant community other (list): Discontinuous OHWM.7 Explain: If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): High Tide Line indicated by: Mean High Water Mark indicated by: oil or scum line along shore objects survey to available datum; fine shell or debris deposits (foreshore) physical markings; physical markings/characteristics vegetation lines/changes in vegetation types. tidal gauges other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Water is clear Identify specific pollutants, if known: (iv) Biological Characteristics. Channel supports (check all that apply): Riparian corridor. Characteristics (type, average width): Wetland fringe. Characteristics: Habitat for: Federally Listed species. Explain findings: Fish/spawn areas. Explain findings: Other environmentally-sensitive species. Explain findings: 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody’s flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 7Ibid. Aquatic/wildlife diversity. Explain findings: Habitat for amphibians and reptiles, and mammals 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: 12 acres Wetland type. Explain: Pocosin Bay Wetland quality. Explain: Good Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: No Flow . Explain: Due to barriers, connection appears to occur during high rain events and via groundwater. Surface flow is: Not present Characteristics: Subsurface flow: Unknown. Explain findings: Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: Directly abutting Not directly abutting Discrete wetland hydrologic connection. Explain: Groundwater connection. Ecological connection. Explain: Separated by berm/barrier. Explain: Wetlands separated from tributaries by spoil berm. (d) Proximity (Relationship) to TNW Project wetlands are 5-10river miles from TNW. Project waters are 2-5 aerial (straight) miles from TNW. Flow is from: Wetland to navigable waters. Estimate approximate location of wetland as within the 100 - 500-year floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Surface water was not present during site visit. Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): Riparian buffer. Characteristics (type, average width): Vegetation type/percent cover. Explain: ~80% cover of typical pocosin wetland vegetation in a disturbed Carolina Bay. Habitat for: Federally Listed species. Explain findings: Fish/spawn areas. Explain findings: Other environmentally-sensitive species. Explain findings: Aquatic/wildlife diversity. Explain findings: Habitat for reptiles, amphibians, avians, and mammels. 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: 4 Approximately 12 acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Wetland A No 2.13 Wetland F No 2.44 Wetland B No 4.0 Wetland G No 3.4 Summarize overall biological, chemical and physical functions being performed: The onsite wetlands and the similarly situated offsite wetlands adjacent to the relevant reach provide wildlife habitat, support downstream foodwebs, and reduce the amount of pollutants reaching the TNW. C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: x Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? x Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? x Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream food webs? x Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: TNWs: linear feet, wide, Or acres. Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Previous determinations have documented perennial flow of onsite tributaries. Tributaries of TNW where tributaries have continuous flow “seasonally” (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: 17k linear 8 feet wide. Other non-wetland waters: 0.59 acres. Identify type(s) of waters: Two open water impoundments. 3. Non-RPWs 8 that flow directly or indirectly into TNWs. Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): Tributary waters: linear feet, wide. Other non-wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. 8See Footnote # 3. Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetlands directly abutting an RPW where tributaries typically flow “seasonally.” Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters. 9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. Demonstrate that impoundment was created from “waters of the U.S.,” or Open water ponds were excavated within jurisdictional wetland areas, thus, are jurisdictional by rule. Demonstrate that water meets the criteria for one of the categories presented above (1-6), or Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):10 which are or could be used by interstate or foreign travelers for recreational or other purposes. from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. which are or could be used for industrial purposes by industries in interstate commerce. Interstate isolated waters. Explain: Other factors. Explain: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: linear feet, wide. Other non-wetland waters: acres. Identify type(s) of waters: Wetlands: acres. F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. Prior to the Jan 2001 Supreme Court decision in “SWANCC,” the review area would have been regulated based solely on the “Migratory Bird Rule” (MBR). Waters do not meet the “Significant Nexus” standard, where such a finding is required for jurisdiction. Explain: Other: (explain, if not covered above): 9To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. Provide acreage estimates for non-jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): Non-wetland waters (i.e., rivers, streams):linear feet, wide. Lakes/ponds: acres. Other non-wetland waters: acres. List type of aquatic resource: Wetlands: acres. Provide acreage estimates for non-jurisdictional waters in the review area that do not meet the “Significant Nexus” standard, where such a finding is required for jurisdiction (check all that apply): Non-wetland waters (i.e., rivers, streams):linear feet, wide. Lakes/ponds: acres. Other non-wetland waters: acres. List type of aquatic resource: Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Figure 8. Rapanos Reference Map, June 2019 Data sheets prepared/submitted by or on behalf of the applicant/consultant. Office concurs with data sheets/delineation report. Office does not concur with data sheets/delineation report. Data sheets prepared by the Corps: Corps navigable waters’ study: U.S. Geological Survey Hydrologic Atlas: USGS NHD data. USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: 1:24k, Topsail, NC USDA Natural Resources Conservation Service Soil Survey. Citation: NRCS Web Soil Survey National wetlands inventory map(s). Cite name: USFWS Online Wetland Mapper State/Local wetland inventory map(s): FEMA/FIRM maps: FEMA.gov 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: Aerial (Name & Date): Current SAW Regulatory GIS Viewer Or Other (Name & Date): Multiple years, Google Earth Previous determination(s). File no. and date of response letter: SAW-2006-00574, January 8, 2012 Applicable/supporting case law: Applicable/supporting scientific literature: Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: U.S. Fish and Wildlife Service, National Standards and Support Team, wetlands_team@fws.gov, Esri,HERE, Garmin, (c) OpenStreetMap contributors, Source: Esri, DigitalGlobe, GeoEye, EarthstarGeographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User CommunitySAW-2006-00574 Similarly SituatedWetlandsμ00.551.10.275miMap created by Emily Greer on 12/10/2019 at3:59:01 PMCoordinate System: WGS 1984 Web MercatorAuxiliary SphereMap Center: -77.7263 34.3949SiteGodfrey CreekHarrison Creek(TNW)FLOW APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 12/10/2019 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, McFarland/Mitigation Bank/Preliminary JD, SAW-2006- 00574 Form 2 of 2 C. PROJECT LOCATION AND BACKGROUND INFORMATION: The project area is located east of Hoover Road and Castle Bay Subdivision, south of Wolf Pond Road, north of North Saint Johns Church Road, and west of Lodge Road in Hampstead, Pender County, NC. Form 1 of 2 documents the relevant reach of the site via Godfrey Creek. State: NC County/parish/borough: Pender City: Hampstead Center coordinates of site (lat/long in degree decimal format): Lat. 34.403255 , Long. -77.691409 Universal Transverse Mercator: Name of nearest waterbody: Trumpeter Swamp Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Harrisons Creek Name of watershed or Hydrologic Unit Code (HUC): 03030007 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: 12/10/2019 Field Determination. Date(s): 5/20/2019, 8/02/2019 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There are no “navigable waters of the U.S.” within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] Waters subject to the ebb and flow of the tide. Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There are “waters of the U.S.” within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply):1 TNWs, including territorial seas Wetlands adjacent to TNWs Relatively permanent waters 2 (RPWs) that flow directly or indirectly into TNWs Non-RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs Impoundments of jurisdictional waters Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non-wetland waters: linear feet, wide, and/or acres. Wetlands: 6.5 acres (Wetland D). c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):3 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs 1 Boxes checked below shall be supported by completing the appropriate sections in Section III below. 2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least “seasonally” (e.g., typically 3 months). 3 Supporting documentation is presented in Section III.F. The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetlandadjacent to TNW Summarize rationale supporting conclusion that wetland is “adjacent”: B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are “relatively permanent waters” (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody 4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.C below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size:Pick List Drainage area:Pick List Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: Tributary flows directly into TNW. Tributary flows through Pick Listtributaries before entering TNW. Project waters are Pick Listriver miles from TNW. Project waters are Pick Listriver miles from RPW. Project waters are Pick List aerial (straight) miles from TNW. Project waters are Pick List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNW5: Tributary stream order, if known: (b) General Tributary Characteristics (check all that apply): Tributary is: Natural Artificial (man-made). Explain: Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet 4Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid West. 5Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. Average depth: feet Average side slopes: Pick List. Primary tributary substrate composition (check all that apply): Silts Sands Concrete Cobbles Gravel Muck Bedrock Vegetation. Type/% cover: Other. Explain: Tributarycondition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riffle/pool complexes. Explain: Tributary geometry: Pick List Tributary gradient (approximate average slope): % (c) Flow: Tributary provides for:Pick List Estimate average number of flow events in review area/year: Pick List Describe flow regime: Other information on duration and volume: Surface flow is: Pick List.Characteristics: Subsurface flow: Pick List. Explain findings: Dye (or other) test performed: Tributary has (check all that apply): Bed and banks OHWM 6(check all indicators that apply): clear, natural line impressed on the bank the presence of litter and debris changes in the character of soil destruction of terrestrial vegetation shelving the presence of wrack line vegetation matted down, bent, or absent sediment sorting leaf litter disturbed or washed away scour sediment deposition multiple observed or predicted flow events water staining abrupt change in plant community other (list): Discontinuous OHWM.7 Explain: If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): High Tide Line indicated by: Mean High Water Mark indicated by: oil or scum line along shore objects survey to available datum; fine shell or debris deposits (foreshore) physical markings; physical markings/characteristics vegetation lines/changes in vegetation types. tidal gauges other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: (iv) Biological Characteristics. Channel supports (check all that apply): Riparian corridor. Characteristics (type, average width): Wetland fringe. Characteristics: Habitat for: Federally Listed species. Explain findings: Fish/spawn areas. Explain findings: Other environmentally-sensitive species. Explain findings: Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody’s flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 7Ibid. Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is:Pick List. Explain: Surface flow is: Pick List Characteristics: Subsurface flow: Pick List. Explain findings: Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: Directly abutting Not directly abutting Discrete wetland hydrologic connection. Explain: Ecological connection. Explain: Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Pick Listriver miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): Riparian buffer. Characteristics (type, average width): Vegetation type/percent cover. Explain: Habitat for: Federally Listed species. Explain findings: Fish/spawn areas. Explain findings: Other environmentally-sensitive species. Explain findings: Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pick List Approximately acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: x Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? x Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? x Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream food webs? x Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: TNWs: linear feet, wide, Or acres. Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Tributaries of TNW where tributaries have continuous flow “seasonally” (e.g., typically three months each year)are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: linear feet wide. Other non-wetland waters: acres. Identify type(s) of waters: 3. Non-RPWs 8 that flow directly or indirectly into TNWs. Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): Tributary waters: linear feet, wide. Other non-wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: The onsite wetlands are a part of a large, contiguous wetland system that is not separated by berm or barrier from the tributary, Trumpeter Swamp. Wetlands directly abutting an RPW where tributaries typically flow “seasonally.” Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: 6.5 acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. 8See Footnote # 3. Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. Demonstrate that impoundment was created from “waters of the U.S.,” or Demonstrate that water meets the criteria for one of the categories presented above (1-6), or Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD 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. from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. which are or could be used for industrial purposes by industries in interstate commerce. Interstate isolated waters. Explain: Other factors. Explain: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: linear feet, wide. Other non-wetland waters: acres. Identify type(s) of waters: Wetlands: acres. F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. Prior to the Jan 2001 Supreme Court decision in “SWANCC,” the review area would have been regulated based solely on the “Migratory Bird Rule” (MBR). Waters do not meet the “Significant Nexus” standard, where such a finding is required for jurisdiction. Explain: Other: (explain, if not covered above): Provide acreage estimates for non-jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): Non-wetland waters (i.e., rivers, streams):linear feet, wide. Lakes/ponds: acres. Other non-wetland waters: acres. List type of aquatic resource: Wetlands: acres. Provide acreage estimates for non-jurisdictional waters in the review area that do not meet the “Significant Nexus” standard, where such a finding is required for jurisdiction (check all that apply): Non-wetland waters (i.e., rivers, streams):linear feet, wide. Lakes/ponds: acres. Other non-wetland waters: acres. List type of aquatic resource: Wetlands: acres. SECTION IV: DATA SOURCES. 9To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Figure 8. Rapanos Reference Map, June 2019 Data sheets prepared/submitted by or on behalf of the applicant/consultant. Office concurs with data sheets/delineation report. Office does not concur with data sheets/delineation report. Data sheets prepared by the Corps: Corps navigable waters’ study: U.S. Geological Survey Hydrologic Atlas: USGS NHD data. USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: 1:24k, Topsail, NC USDA Natural Resources Conservation Service Soil Survey. Citation: NRCS Web Soil Survey National wetlands inventory map(s). Cite name: USFWS Online Wetland Mapper State/Local wetland inventory map(s): FEMA/FIRM maps: FEMA.gov 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: Aerial (Name & Date): Current SAW Regulatory GIS Viewer Or Other (Name & Date): Multiple years, Google Earth Previous determination(s). File no. and date of response letter: SAW-2006-00574, January 8, 2012 Applicable/supporting case law: Applicable/supporting scientific literature: Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: U.S. Fish and Wildlife Service, National Standards and Support Team, wetlands_team@fws.gov, Esri,HERE, Garmin, (c) OpenStreetMap contributors, Source: Esri, DigitalGlobe, GeoEye, EarthstarGeographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User CommunitySAW-2006-00574 Similarly SituatedWetlandsμ0120.5miMap created by Emily Greer on 12/10/2019 at3:56:58 PMCoordinate System: WGS 1984 Web MercatorAuxiliary SphereMap Center: -77.7397 34.4160)RUPRITrumpeter SwampCattail CreekMerricks CreekHarrisons Creek(TNW)Northeast CapeFear RiverFLOWSite Appendix III.B – June 24-26, 2022 Davey Resource Group Wetland Delineation 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 No X X No X Yes x Yes x Yes x No X U.S. Army Corps of Engineers WETLAND DETERMINATION DATA SHEET – Atlantic and Gulf Coastal Plain Region See 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:Hampstead/Oebder NCS&ME/NC DOT Hampstead Mines-Jamestown Pender-Area E City/County: Slope (%): Upland upland convex Section, Township, Range:Paul Farley Primary Indicators (minimum of one is required; check all that apply) Are climatic / hydrologic conditions on the site typical for this time of year? 0-1Local relief (concave, convex, none):Landform (hillside, terrace, etc.): Yes Remarks: Kureb 34.398629 No hydrology indicators observed to 20" 6/27/22 -77.684218 No Normal precipitation conditions per USACE APT HYDROLOGY NAD 83 Is the Sampled Area within a Wetland?Yes (If no, explain in Remarks.) significantly disturbed? naturally problematic? interstream divide Yes LRR T, MLRA 153A 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?No No Depth (inches): Depth (inches): Depth (inches): No (includes capillary fringe) 20 20 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) 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 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 ) ) Ilex glabra Tree Stratum Pinus palustris Percent of Dominant Species That Are OBL, FACW, or FAC: Total % Cover of: Prevalence Index worksheet: Dominant Species? (A) Prevalence Index = B/A = 20 25 Multiply by: UPL species ) =Total Cover 1 - Rapid Test for Hydrophytic Vegetation Problematic Hydrophytic Vegetation1 (Explain) FAC 2 - Dominance Test is >50% Yes FACU Yes 4 FACW upland 3 4 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 20 VEGETATION (Four Strata)– Use scientific names of plants. OBL species FACW species FAC species 75.0% (A) 20 Asistida stricta Vaccinium crassifolium Absolute % Cover )30' r Hydrophytic Vegetation Indicators: 5 Sapling/Shrub – Woody plants, excluding vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall. Yes FAC 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) or more in diameter at breast height (DBH), regardless of height. Yes 10 30' r 13 25 20 820 =Total Cover Remarks: (If observed, list morphological adaptations below.) Hydrophytic Vegetation Present?Yes No 3 - Prevalence Index is ≤3.01 1Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Woody Vine – All woody vines greater than 3.28 ft in height. =Total Cover 40 30'r ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain – Version 2.0 Sandy Mucky Mineral (S1) (LRR O, S) Reduced Vertic (F18) (MLRA 150A, 150B) Depth (inches):X (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) 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) upland Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) (inches)Color (moist) 0-20 10010YR 7/2 Loc2 Texture Remarks Sandy % 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)Type1 Redox FeaturesDepth Loamy Gleyed Matrix (F2) all grains are uncoated 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) 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) 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 , 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 X x X Yes x Yes x Yes x X No U.S. Army Corps of Engineers WETLAND DETERMINATION DATA SHEET – Atlantic and Gulf Coastal Plain Region See 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:Hampstead/Pender NCS&ME, NC DOT Hampstead Mines-Jamestown Pender-Area E City/County: Slope (%): PF0ssBd wetland concave Section, Township, Range:Paul Farley Primary Indicators (minimum of one is required; check all that apply) Are climatic / hydrologic conditions on the site typical for this time of year? 0-1Local relief (concave, convex, none):Landform (hillside, terrace, etc.): Yes Remarks: Murville 34.398629 6/27/22 -77.686901 No Precipitation in normal range per USACE antecedent precipitation tool HYDROLOGY NAD 83 Is the Sampled Area within a Wetland?Yes (If no, explain in Remarks.) significantly disturbed? naturally problematic? Carolina Bay Yes LRR U, MLRA 156A 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?No No Depth (inches): Depth (inches): Depth (inches): No (includes capillary fringe) 4 4 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) 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 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 30' r ) 25 25 YesSmilax laurifolia FACW ) Ilex glabra Cyrilla racemiflora Tree Stratum Percent of Dominant Species That Are OBL, FACW, or FAC: Total % Cover of: Prevalence Index worksheet: Dominant Species? (A) Prevalence Index = B/A = 20 Multiply by: UPL species ) =Total Cover 1 - Rapid Test for Hydrophytic Vegetation Problematic Hydrophytic Vegetation1 (Explain) FACW 2 - Dominance Test is >50% 40 15 FACW Godonia lasianthus No Yes FACW wetland 5 5 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 100.0% (A) 15 Lyonia lucida Ilex glabra Absolute % Cover Yes )30'r 40 No Hydrophytic Vegetation Indicators: 23 Sapling/Shrub – Woody plants, excluding vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall. Yes FACW 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) or more in diameter at breast height (DBH), regardless of height. Yes FACW 30'r 58 115 15 FACW 6 5 15 13 =Total Cover Remarks: (If observed, list morphological adaptations below.) Hydrophytic Vegetation Present?Yes No 3 - Prevalence Index is ≤3.01 1Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Woody Vine – All woody vines greater than 3.28 ft in height. =Total Cover 30 Lyonia lucida 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 (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) 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) wetland Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) (inches)Color (moist) 10YR 2/1 10012-20 0-12 10010YR 2/1 Loc2 Texture Remarks Mucky Sand Sandy % 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)Type1 Redox FeaturesDepth Loamy Gleyed Matrix (F2) 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) 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) 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 , 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. No X No X X No X Yes x Yes x Yes x 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?No No Depth (inches): Depth (inches): Depth (inches): No (includes capillary fringe) 20 20 Kureb 34.401080 No owt or saturation observed within upper 20" of soil surface 6/26/22 -77.679593 No Rainfall falls within normal condition per USACE antecedent rainfall tool HYDROLOGY NAD 83 Is the Sampled Area within a Wetland?Yes (If no, explain in Remarks.) significantly disturbed? naturally problematic? interstream divide savanna Yes LRR T, MLRA 153A U.S. Army Corps of Engineers WETLAND DETERMINATION DATA SHEET – Atlantic and Gulf Coastal Plain Region See 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:Hampstead/Pender NCS&ME/NC DOT Hampstead Mines- Jamestown Pender-Area F City/County: Slope (%): upland upland convex Section, Township, Range:Paul Farley Primary Indicators (minimum of one is required; check all that apply) Are climatic / hydrologic conditions on the site typical for this time of year? 0-1Local relief (concave, convex, none):Landform (hillside, terrace, etc.): Yes Remarks: 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:X 3 - Prevalence Index is ≤3.01 1Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Woody Vine – All woody vines greater than 3.28 ft in height. 0 =Total Cover 40 30' r 820 =Total Cover Remarks: (If observed, list morphological adaptations below.) Hydrophytic Vegetation Present? Typical upland savanna vegetation Yes No 13 30'r 5 10 20 Hydrophytic Vegetation Indicators: 2 Sapling/Shrub – Woody plants, excluding vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall. Yes FAC 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) or more in diameter at breast height (DBH), regardless of height. Yes Absolute % Cover )30'r 20 Vaccinium crassifolium Aristida stricta upland 2 4 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 25 VEGETATION (Four Strata)– Use scientific names of plants. OBL species FACW species FAC species 50.0% (A) Yes FACU 0 Yes 5 FACU 260 0 75 0 0 (A) Prevalence Index = B/A = 25 10 Multiply by: 0 3.47 UPL species ) =Total Cover 1 - Rapid Test for Hydrophytic Vegetation Problematic Hydrophytic Vegetation1 (Explain) FAC 2 - Dominance Test is >50% Percent of Dominant Species That Are OBL, FACW, or FAC: Total % Cover of: Prevalence Index worksheet: 40 35 120 Dominant Species? 140 ) Quercus virginiana Tree Stratum Pinus palustris ) ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain – Version 2.0 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) sand is friable/loose/uncoated 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)Type1 Redox FeaturesDepth Loamy Gleyed Matrix (F2) Loc2 Texture Remarks Sandy %(inches)Color (moist) 0-20 10010YR 7/2 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) upland 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 , 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 Rg X x x X x x Yes x Yes x Yes x X No U.S. Army Corps of Engineers WETLAND DETERMINATION DATA SHEET – Atlantic and Gulf Coastal Plain Region See 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:Hampstead/Pender NCS&ME/NC DOT Hampstead Mines-Jamesown Pender-Area F City/County: Slope (%): wetland concave Section, Township, Range:Paul Farley Primary Indicators (minimum of one is required; check all that apply) Are climatic / hydrologic conditions on the site typical for this time of year? 0-1Local relief (concave, convex, none):Landform (hillside, terrace, etc.): Yes Remarks: 34.401126 6/26/22 -77.679441 No Normal preciptation conditions per USACE antecedent precipitation tool The latitude/longitude location was measured with a hand held gps which is not survey accurate. When I overlaid this point on the NWI map it showed the location as in uplands. The NWI map is a large scale mapping tool. I showed the NWI type as the data appear to closely match that type ecosystem (in my professional judgement). HYDROLOGY NAD 83 Is the Sampled Area within a Wetland?Yes (If no, explain in Remarks.) significantly disturbed? naturally problematic? Carolina Bay (depression) Yes LRR T, MLRA 153A 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?No No Depth (inches): Depth (inches): Depth (inches): No (includes capillary fringe) 4 4 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) 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 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 30' r ) 25 25 YesSmilax laurifolia FACW ) 40 Acer rubrum Cyrilla racemiflora Tree Stratum Pinus serotina Percent of Dominant Species That Are OBL, FACW, or FAC: Total % Cover of: Prevalence Index worksheet: Dominant Species? (A) Prevalence Index = B/A = 10 20 Multiply by: UPL species ) =Total Cover 1 - Rapid Test for Hydrophytic Vegetation Problematic Hydrophytic Vegetation1 (Explain) OBL 2 - Dominance Test is >50% 10 50 FACW Ilex glabra Yes FACW No No 2 FACW wetland 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: (B) Indicator Status 10 VEGETATION (Four Strata)– Use scientific names of plants. OBL species FACW species FAC species 100.0% (A) 8 Osmunda cinamonea Woodwardia areolata Absolute % Cover No )30' r 5 Yes Lyonia lucida Hydrophytic Vegetation Indicators: 25 FACW Sapling/Shrub – Woody plants, excluding vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall. Yes FACW 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) or more in diameter at breast height (DBH), regardless of height. Yes 5 FAC 30' r 63 125 8 FACW 4 5 8 13 =Total Cover Remarks: (If observed, list morphological adaptations below.) Hydrophytic Vegetation Present?Yes No 3 - Prevalence Index is ≤3.01 1Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Woody Vine – All woody vines greater than 3.28 ft in height. =Total Cover Yes 16 30' r Persea palustris 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 (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) 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) wetland Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) (inches)Color (moist) 0-20 10010YR 2/1 Loc2 Texture Remarks Mucky Sand % 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)Type1 Redox FeaturesDepth Loamy Gleyed Matrix (F2) 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) 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) 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 , 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. No X No X X No X Yes x Yes x Yes x 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?No No Depth (inches): Depth (inches): Depth (inches): No (includes capillary fringe) 20 20 Kureb 34.401123 No hydrology indicators observed to 20" 6/17/22 -77.677825 No Vegetation in normal range per USACE antecdent precipitation tool (attached) HYDROLOGY NAD 83 Is the Sampled Area within a Wetland?Yes (If no, explain in Remarks.) significantly disturbed? naturally problematic? interstream divide Yes LRR T, MLRA 153A U.S. Army Corps of Engineers WETLAND DETERMINATION DATA SHEET – Atlantic and Gulf Coastal Plain Region See 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:Hampstead/Pender NCS&ME/NC Department of Transportation Jamestown Pender-Area G City/County: Slope (%): upland upland convex Section, Township, Range:Paul Farley Primary Indicators (minimum of one is required; check all that apply) Are climatic / hydrologic conditions on the site typical for this time of year? 0-1Local relief (concave, convex, none):Landform (hillside, terrace, etc.): Yes Remarks: 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:X 3 - Prevalence Index is ≤3.01 1Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Woody Vine – All woody vines greater than 3.28 ft in height. 0 =Total Cover 25 30' Pinus palustris 513 =Total Cover Remarks: (If observed, list morphological adaptations below.) Hydrophytic Vegetation Present? Savanna like vegetation. Dominance of non-hydrophytic vegetation is not typical for this area Yes No 8 FACU 30'r 5 10 15 Hydrophytic Vegetation Indicators: 2 Sapling/Shrub – Woody plants, excluding vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall. Yes FAC 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) or more in diameter at breast height (DBH), regardless of height. Yes Absolute % Cover Yes )30'r 5 10 Vaccinium crassifolium Aristida stricta upland 2 5 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 15 VEGETATION (Four Strata)– Use scientific names of plants. OBL species FACW species FAC species 40.0% (A) 5 FACU Yes FACU 0 Yes 3 175 0 50 0 0 (A) Prevalence Index = B/A = 15 Multiply by: 0 3.50 UPL species ) =Total Cover 1 - Rapid Test for Hydrophytic Vegetation Problematic Hydrophytic Vegetation1 (Explain) FAC 2 - Dominance Test is >50% Percent of Dominant Species That Are OBL, FACW, or FAC: Total % Cover of: Prevalence Index worksheet: 25 25 75 Dominant Species? 100 ) Quercus virginiana Tree Stratum Pinus palustris ) ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain – Version 2.0 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) firiable/uncoated firiable/uncoated 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)Type1 Redox FeaturesDepth Loamy Gleyed Matrix (F2) Loc2 Texture Remarks Sandy sandy %(inches)Color (moist) 10YR 7/2 1003-20 0-3 10010YR 3/2 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) upland 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 , 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 X x X x Yes x Yes x Yes x 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?No No Depth (inches): Depth (inches): Depth (inches): No (includes capillary fringe) 6 6 Murville 34.401165 Normal rainfall conditions as determined by USACE antecedent preciptiation tool (graph attached) 6/17/22 -77.678923 No Rainfall is in normal range per USACE antecedent preciptation tool) graph attached. The location was marked with a hand held gps unit and must not be considered absolute. The marked location appears to fall outside the Wetland polygon on the NWI map which is a large scale drawing and also should be considered approximate. Therefore I concluded that the data point falls within the wetland polygon on the nwi as it appears to resemble that category (in my professional opinion). HYDROLOGY NAD 83 Is the Sampled Area within a Wetland?Yes (If no, explain in Remarks.) significantly disturbed? naturally problematic? Depression (Carolina Bay) Yes LRR T, MLRA 153A U.S. Army Corps of Engineers WETLAND DETERMINATION DATA SHEET – Atlantic and Gulf Coastal Plain Region See 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:Hampstead/Pender NCS&ME/NC DOT Jamestown Pender Tract - Area G City/County: Slope (%): PSS43Bd wetland concave Section, Township, Range:Paul Farley Primary Indicators (minimum of one is required; check all that apply) Are climatic / hydrologic conditions on the site typical for this time of year? 0-1Local relief (concave, convex, none):Landform (hillside, terrace, etc.): Yes Remarks: 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 be present, unless disturbed or problematic. Woody Vine – All woody vines greater than 3.28 ft in height. =Total Cover 30 30' r Gordonia lasianthus 6 5 15 13 =Total Cover Remarks: (If observed, list morphological adaptations below.) Hydrophytic Vegetation Present? Typical Caolina Bay/tall pocosin vegetation Yes No 5 FACW 30' r 58 115 10 FACW Hydrophytic Vegetation Indicators: 23 Sapling/Shrub – Woody plants, excluding vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall. Yes FACW 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) or more in diameter at breast height (DBH), regardless of height. Yes Absolute % Cover No )30' r 20 No 20 Lyonia lucida Ilex glabra wetland 5 5 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 10 VEGETATION (Four Strata)– Use scientific names of plants. OBL species FACW species FAC species 100.0% (A) 60 20 FACW Lyonia lucida Yes FACW No Yes 2 FACW (A) Prevalence Index = B/A = 10 15 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 ) Ilex glabra Cyrilla racemiflora Tree Stratum Pinus serotina 30') 25 25 Yes 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) no uncoated grains 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)Type1 Redox FeaturesDepth Loamy Gleyed Matrix (F2) Loc2 Texture Remarks Mucky Sand Sandy %(inches)Color (moist) 10YR 2/1 10010-20 0-10 10010YR 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) wetland 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 #*#* #*#* f 9f 8f 7f 6 f 5 f 4f 3f 2f 1 f 99 f 98 f 97f 96f 95 f 94 f 93 f 92 f 91 f 90 f 89 f 86f 85f 84 f 83 f 82f 81 f 80 f 79 f 78f 77 f 76f 75 f 74 f 73 f 72 f 70f 69 f 64f 63f 62f 61 f 60 f 59f 58 f 57 f 55f 54 f 53 f 52 f 51 f 49f 48f 47 f 46 f 45 f 44 f 43 f 42 f 41 f 40f 39 f 38f 37f 36f 35 f 34 f 33 f 32 f 31 f 30 f 29 f 28 f 27 f 26 f 25f 24 f 23 f 22 f 21 f 20 f 19 f 17 f 15 f 14 f 13 f 12 f 11 f 10 f 181f 180f 179f 178 f 176f 175f 174f 173 f 172 f 171f 170f 169f 168 f 167 f 166 f 165f 164f 163f 162f 161f 160 f 159 f 158 f 157f 156 f 155f 154f 153 f 151 f 149 f 148f 147 f 145 f 143f 142f 141f 140f 139f 138 f 137f 136f 135f 134f 133f 132 f 131f 130 f 129f 128 f 127f 126 f 125f 124 f 123 f 122f 121f 120f 119f 118 f 117f 116 f 115 f 113 f 112f 111 f 110f 109f 108 f 107 f 106 f 105f 104 f 101f 100 f 87 stop f 66 stop f 88 reatart f 182 stop on fence 0 300 600150Feet Scale app lies to 11X17" print. 3805 Wrightsville AvenueWilmington, NC 28403(910) 452-0001 L:\wetlands\2022\DRG22.326\maps\area e and f field notes sketchBoundaries are approximate and not meant to be absolute.Map Source: 2020 NC Onemap ¯ Section 404/401 DelineationSections E; and Ffield note sketch Hampstead MinesJamestown PenderPender County, NC Map Date: 7/28/22DRGNCW22.326 Legend Project Areas Flagged wetland boundaries #*Data Points 1 97 85 8479 73 72 68 57 39 32 21 121 110 0 180 36090Feet Scale app lies to 11X17" print. 3805 Wrightsville AvenueWilmington, NC 28403(910) 452-0001 L:\wetlands\2022\DGNCW22.326\maps\Area G\area g_preliminary sketch.mxdBoundaries are approximate and not meant to be absolute.Map Source: 2020 NC Onemap aerial photography ¯ Section 401/404 DelineationPreliminary Sketch Hampstead Mines - Area GPender County, NC Map Date: 6/29/22DRGNCW22.326 NOTE: This is n ot a survey. All boundaries and distances are consideredapproximate. This represents a preliminary sketch prepared from field notes.A survey of delineated areas and review and approval by the U.S. ArmyCorps of Engineers is recommende d prior to specific site planning. Upland/wetland boundaries are marked with pink and black ribbonsnumbered a pproxima tely as sho wn Legend Area G Project Area ~ 22.7 acres Identifed uplands ~22.2 acres (98%) Identified wetlands ~ 0.5 acres (2%) Flagged upland/wetland boundary Nov 2021 Dec 2021 Jan 2022 Feb 2022 Mar 2022 Apr 2022 May 2022 Jun 2022 Jul 2022 Aug 2022 Sep 2022 Oct 2022 0 2 4 6 8 10 Rainfall (Inches)2022-06-17 2022-05-18 2022-04-18 Antecedent Precipitation vs Normal Range based on NOAA's Daily Global Historical Climatology Network Daily Total 30-Day Rolling Total 30-Year Normal Range 30 Days Ending 30th %ile (in)70th %ile (in)Observed (in)Wetness Condition Condition Value Month Weight Product 2022-06-17 3.027165 6.436614 5.196851 Normal 2 3 6 2022-05-18 2.504331 4.351181 0.787402 Dry 1 2 2 2022-04-18 2.347244 3.71811 4.913386 Wet 3 1 3 Result Normal Conditions - 11 Coordinates 34.401165, -77.678023 Observation Date 2022-06-17 Elevation (ft)60.76 Drought Index (PDSI)Severe drought WebWIMP H2O Balance Wet Season Weather Station Name Coordinates Elevation (ft)Distance (mi)Elevation Weighted Days (Normal)Days (Antecedent) WILMINGTON INTL AP 34.2675, -77.8997 33.136 15.661 27.624 7.48 11353 90 Dec 2021 Jan 2022 Feb 2022 Mar 2022 Apr 2022 May 2022 Jun 2022 Jul 2022 Aug 2022 Sep 2022 Oct 2022 Nov 2022 0 2 4 6 8 10 Rainfall (Inches)2022-06-26 2022-05-27 2022-04-27 Antecedent Precipitation vs Normal Range based on NOAA's Daily Global Historical Climatology Network Daily Total 30-Day Rolling Total 30-Year Normal Range 30 Days Ending 30th %ile (in)70th %ile (in)Observed (in)Wetness Condition Condition Value Month Weight Product 2022-06-26 3.593307 6.503937 4.799213 Normal 2 3 6 2022-05-27 2.484646 4.493701 1.11811 Dry 1 2 2 2022-04-27 1.833465 3.96378 3.42126 Normal 2 1 2 Result Normal Conditions - 10 Coordinates 34.401080, -77.679594 Observation Date 2022-06-26 Elevation (ft)61.62 Drought Index (PDSI)Severe drought WebWIMP H2O Balance Wet Season Weather Station Name Coordinates Elevation (ft)Distance (mi)Elevation Weighted Days (Normal)Days (Antecedent) WILMINGTON INTL AP 34.2675, -77.8997 33.136 15.585 28.484 7.457 11353 90 Hampstead Mines, Jamestown-Pender 22.326 Paul notes Areas F and E June 26, 2022 Came in and worked Sunday afternoon Started in Area F along the end of the Carolina Bay Tied F1-F66 Got overheated and had to go in. Pretty basic savanna/bay line June 27, 2022 It took all day but I got it flagged f67-f182 Again, goes from pretty hard Bay to pretty hard savanna, line is pretty basic smilax laurifolia seems to be the best indicator of where the wetlands are as far as the soils are concerned Wetland Data sheet 34.401126, -77.679441 Mapped as Murville soils Concave in edge of Carolina bay 0-1 PSS43Bd on NWI SOILS 0-8 10YR 2/1 mucky sand 8-20 10YR 2/1 sand No observed uncoated grains HYDROLOGY OWT/SATURATION AT 4” Has geomorphic position VEGETATION Trees Pond pine 10 SHRUBS/saps TITI 20 Red maple 5 Red bay 10 Gallberry 50 Fetterbush 40 Herbs Cinamon fern 8 Netted chain 8 Vines Smilax laurifolia 30 Upland Data_area F 34.401080, -77.679593 Kureb soils Upland on NWI Convex 1-2 HYDROLOGY None observed to 20” SOILS 0-20 10YR 7/2 sand 100% uncoated VEGETATION Trees Long leaf 25 Shrubs Scrub oaks 10 Herbs Wire grass 20 Vaccinium crassifoium 20 JUNE 27/22 Came back and finished up F66-f182. Finished pretty late. This completes both Areas E and F Did a final data sheet for Area E AREA F – upland data 34.398787, -77.684188 Mapped as Kureb, upland on NWI Convex on savanna/interstream divide maybe 1-2 Same old same old. This whole place is all the same VEGETATION Long needle 20 Gallberry 25 Crassifolium & wiregrass 20 each HYDROLOGY None observed to 20” SOILS 0-20 10YR 7/2 sand Rainfall conditions are normal per Anecedent precip tool Area e wetland data 34.398677, -77.686901 Murville Soils, concave in bay Normal precipitation PF0SSBd 0-1 VEGETATION Shrubs/saps TITI 20 GAllberry 40 Fetterbush 40 Gordonia lasianthus 15 Herbs Fetterbush 10 Gallberry 10 Smilax laurifolia 20 Murville soils 0-20, mucky to about 12 Hampstead Mines 22.326 Paul Notes June 17, 2022 JUNE 16, 2022 (Thursday) Got here on Friday afternoon. Started out on Area G. Flagged along fairly sharp break between pine/wiregrass savanna and typical Carolina Bay/tall pocosin vegetation. Line was pretty sharp going from gray sandy soil to sharp mucky/doughy soil. The break was pretty much conisistently on where the smilax laurifolia came in. Flagged 1-14 Upland Data 34.410123, -77.677825 Mapped as Kureb soil Convex on edge of bay rim Upland on NWI Soils 0-3 10YR 3/2 sand 100% basically all uncoated 3-20 10YR 7/2 sand 100% uncoated Hydrology None observed to 20” Vegetation Trees Pine 15 Shrubs Pine 5 Quercus virginiana 3 Herbs Aristida stricta 10 Vaccinium crassifolium 15 Overall remarks: normal precipitation conditions per USACE antecedent precipitation tool Fairly typical savanna for this area of Pender County Wetland data sheet 34.401165, -77.678023 Mapped as murville soils PSS43bd on NWI Concave in Carolina bay near eastern bay rim 0-1 Vegetation Trees Pond pine 20 Shrubs Titi 15 Gordonia bay 20 Ilex glabra 60 Fetterbush 20 Herbs Fetterbush 20 Ilex glabra 10 Vines Smilax laurifolia 25 SOILS 0-10 10YR 2/1 mucky sand 10-20 10YR 2/1 sand HYDROLOGY SATURATED OWT ABOUT 6” HAS GEOMORPHIC POSITION MUCKY MODIFIER Stopped at 14 due to weather and getting late. JUNE 24, 2022 Hot and muggy as all get out Flagged 15-104 Its all the same stuff bay surrounded by nice savanna JUNE 26, 2022 Finished flags 105-121 before going over to other mine areas