Loading...
HomeMy WebLinkAbout20150392 Ver 1_401 Application_20150415L r Le r 2 ClearWater Environmental Consultants, Inc www.cwenv.com April 20, 2015 Mr. David Brown ��� US Army Corps of Engineers Asheville Regulatory Field Office DD 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 -2638 Ms Karen Higgins NC DWR, 401 & Buffer Permitting Unit 512 North Salisbury Street, 9'h Floor Raleigh, North Carolina 27604 a V � RE: Mill Pond Sewer Line ( +/ -5.2 miles) V Nationwide Permit 12 Application APR 2 3 2015 Henderson County, North Carolina Dear Mr. Brown and Ms Higgins, The attached Pre - Construction Notification (PCN) is being submitted on behalf of Henderson County represented by Mr. Marcus Jones. The protect site is located along NC -191 and North Rugby Road between Levi Lane and Butler Bridge Road in Henderson County, North Carolina Please do not hesitate to contact me at 828 - 698 -9800 if you have any questions or comments regarding the enclosed PCN. A copy of this package has been sent to Ms Andrea Leslie of the NC Wildlife Resources Commission and Mr Bryan Tompkins of the US Fish and Wildlife Service for review A copy of this application has also been submitted to Mr Zan Price of the NC Division of Water Resources, Asheville Regional Office. Respectfully, Kevm Mitchell R Cement Riddle, P W S Biologist Principal Copy Furnished. NC Division of Water Resources, Asheville — Zan Price NC Wildlife Resources Commission — Andrea Leslie US Fish and Wildlife Service — Bryan Tompkins 224 South Grove Street, Suite F Hendersonville, NC 28792 828 - 698 -9800 Tel 828 - 698 -9003 Fax Corps Submittal Cover Sheet Please provide the following info 1 Project Name- Mill Pond Sewer Line 2. Name of Property Owner /Applicant: Henderson County, Attn: Marcus Jones 3 Name of Consultant/Agent. C1earWater Environmental Consultants, Inc. *Agent authorization needs to be attached. 4. Related/previous Action ID numbers(s)- N/A 5 Site Address. NC- 191and North Rugby Road 6 Subdivision Name: n/a 7. City- Hendersonville 8. County Henderson 9 Lat: 35.356425 N Long: - 82.509805W (Decimal Degrees Please) 10. Quadrangle Name: Horse Shoe & Skyland 11 Waterway: Mill Pond Creek and Unnamed Tributaries, Mud Creek and Unnamed Tributaries, Unnamed Tributaries to French Broad 12 Watershed- Upper French Broad 06010105 13 Requested Action. X Nationwide Permit #12 General Permit # Jurisdictional Determination Request Pre - Application Request The following information will be completed by the Corps office: AID: Prepare File Folder Assign number in ORM Begin Date Authorization: Section 10 Section 404 Project Description/Nature of Activity/Project Purpose: Site/Waters Name: Keywords: &earW. Department of the Army NCDENR Wilmington District, Corps of Engineers NC DWR, Webscape Unit Attn: Scott McLendon, Chief Regulatory Division Attn Karen Higgins PO Box 1890 512 North Salisbury Street Wilmington, NC 28402 -1890 Raleigh, North Carolina 27604 1, the current landowner /managing partner of the property identified below, hereby authorize Clear-Water Environmental Consultants, Inc. (CEC) to act on my behalf as my agent during the processing of, jurisdictional determination requests and permits to impact Wetlands and Water of the US subject to Federal .jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. CEC is authorized to provide supplemental information as needed at the request of the USACE or DWR. Additionally, I authorize representatives of the Wilmington District, US Army Corps of Engineers to enter upon the property herein described for the purposes of conducting on- site investigations and issuing a determination associated with Wetlands and Waters of the US subject to Federal ,jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Property Owner of Record. County of Henderson Property Owner of Address. 1 Historic Courthouse Square Hendersonville, NC 28792 Phone Number 828 694 -6560 Property Location. Sewer Easements along NC 191 Owner/Managing Partner Printed Name Marcus A. Jones, PE Owner/Managing Partner Signature: DV" 0r.d p7 M-. A lens ON cn.Matoe A lw.ete.0 —" W Nmd -- En�O- _— , ,_ n _ DNr701SAIU085317-0M Date March 23, 2015 224 South Grove Street, Suite F Hendersonville, NC 28792 Phone 828 - 698 -9800 www cwenv corn O�O� W A TF9OG 1 I > 1� ®�1 0 < Office Use Only Corps action ID no DWQ project no Form Version 1 3 Dec 10 2008 Pre - Construction Notification PC Form A. Applicant Information 1. Processing la Type(s) of approval sought from the Corps ®Section 404 Permit El Section 10 Permit lb Specify Nationwide Permit (NWP) number 12 or General Permit (GP) number 1c Has the NWP or GP number been verified by the Corps? ❑ Yes ® No ld Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authonzation le Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification ❑ Yes ® No For the record only for Corps Permit ❑ Yes ® No 1f Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program ❑ Yes ® No 1g Is the project located in any of NC's twenty coastal counties If yes, answer lh below ❑ Yes ® No 1h Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project Mill Pond Sewer Line 2b. County, Henderson 2c Nearest municipality / town Hendersonville 2d. Subdivision name. N/A 2e. NCDOT only, T I.P. or state project no* N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Henderson County Sewer Line Right of Way 3b Deed Book and Page No 3c Responsible Party (for LLC if applicable) 3d Street address 3e. City, state, zip. 3f. Telephone no. 3g. Fax no. 3h Email address- Page 1 of 12 PCN Form — Version 1 3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a Applicant is ❑ Agent ® Other, specify Henderson County, Utility Easement Holder 4b Name Mr Marcus Jones 4c Business name (if applicable) Henderson County 4d Street address 1 Historic Courthouse Square 4e. City, state, zip Hendersonville, NC 28792 4f Telephone no 828 - 694 -6560 4g. Fax no N/A 4h Email address. N/A 5. Agent/Consultant Information (if applicable) 5a Name R Clement Riddle 5b. Business name (if applicable) ClearWater Environmental Consultants, Inc 5c. Street address 224 South Grove Street, Suite F 5d City, state, zip Hendersonville, North Carolina 28792 5e Telephone no 828 -698 -9800 5f Fax no n/a 5g Email address. clement @cwenv com Page 2 of 12 PCN Form — Version 1 3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a Property identification no (tax PIN or parcel ID) Henderson County Sewer Line Right of Way 1 b Site coordinates (in decimal degrees) Latitude 35 356425 N Longitude -82 509805W (DD DDDDDD) ( -DD DDDDDD) 1c Property size: +/_ 12 6 Acres 2. Surface Waters 2a Name of nearest body of water (stream, river, etc ) to Mill Pond Creek and Unnamed Tributaries, Mud Creek proposed project- and Unnamed Tributaries, Unnamed Tributaries to French Broad 2b Water Quality Classification of nearest receiving water Mill Pond Creek =WS IV, Mud Creek = C, UT French Broad = WS -IV,B, CA, UT French Broad = WS -IV, B 2c River basin- Upper French Broad 06010105 3. Project Description 3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Residential and commercial dwellings, as well as, agricultural fields are included in the vicinity of the proposed sewer line 3b List the total estimated acreage of all existing wetlands on the property Approximately 0.01 acres in the project area 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property- Approximately 300 linear feet in the protect area 3d Explain the purpose of the proposed project The purpose of the project is to provide a sewer line that will serve the existing residents, businesses, and schools along NC Highway 191 and North Rugby Road 3e Describe the overall project in detail, including the type of equipment to be used. The project includes the installation of anew sewer line paralleling NC Hwy. 191 and North Rugby Road Typical construction and earth moving equipment will be used (i a backhoe) The line will loin an existing sewer line on North Rugby Road north of Mud Creek The project will include 15 temporary stream crossings and 1 temporary linear wetland crossing 4. Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ❑ Yes ® No ❑ Unknown Comments- 4b If the Corps made the jurisdictional determination, what type ❑ Preliminary ❑ Final of determination was made? 4c If yes, who delineated the jurisdictional areas? Agency /Consultant Company Name (if known) Other 4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation 5. Project History 5a Have permits or certifications been requested or obtained for El Yes No El Unknown this project (including all prior phases) in the past? 5b If yes, explain in detail according to "help file" instructions Page 3 of 12 PCN Form — Version 1 3 December 10, 2008 Version 6. Future Project Plans 6a Is this a phased project? ❑ Yes ® No 6b If yes, explain C Proposed Impacts Inventory 1 Impacts Summary la Which sections were completed below for your protect (check all that apply) ® Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction Page 4 of 12 PCN Form — Version 1 3 December 10, 2008 Version 2 Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted 2a 2b 2c 2d 2e 2f Welland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T 1 ❑ P ®T Impact1 — Utility Herbaceous ❑ Yes ® Corps 01 Crossing ® No ® DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 01 2h Comments 3 Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted 3a 3b 3c 3d 3e 3f 3g Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT) other) (feet) feet) 2 ❑ P ®T Impact 2 — Utility Crossing UT French Broad ® PER ❑ INT ® Corps ® DWQ 20 3 ❑ P ®T Impact 3 — Utility Crossing UT French Broad ® PER ❑ INT ® Corps ® DWQ 20 4 ❑ P ®T Impact 4 — Utility UT French Broad ® PER ® Corps 20 Crossing ❑ INT ® DWQ 5 ❑ P ®T Impact 5 — Utility UT Mill Pond ® PER ® Corps 20 Crossing Creek ❑ INT ® DWQ 6 []POT Impact 6 — Utility UT Mill Pond ® PER ® Corps 20 Crossing Creek El INT ® DWQ 7 ❑ P ®T Impact 7 — Utility UT Mill Pond ® PER ® Corps 20 Crossing Creek ❑ INT ® DWQ 8 ❑ P ®T Impact 8 — Utility UT Mill Pond ® PER ® Corps 20 Crossing Creek ❑ INT ® DWQ 9 ❑ P ®T Impact 9 — Utility UT Mill Pond ® PER ® Corps 20 Crossing Creek ❑ INT ® DWQ 10 ❑ POT Impact 10 — Utility Mill Pond Creek ® PER ® Corps 20 Crossing ❑ INT ® DWQ 11 ❑ P ® T Impact 11 — Utility UT Mill Pond ® PER ® Corps 20 Crossing Creek ❑ INT ® DWQ 12 []POT Impact 12 — Utility UT Mill Pond ® PER ® Corps 20 Crossing Creek ❑ INT ® DWQ 13 ❑ P ® T Impact 13 — Utility UT Mill Pond ® PER ® Corps 20 Crossing Creek ❑ INT ® DWQ 14 ❑P ®T Impact 14 — Utility UT Mill Pond ® PER ® Corps 20 Crossing Creek ❑ INT ® DWQ 15 ❑P ®T Impact 15 — Utility UT Mill Pond ® PER ® Corps 20 Crossing Creek ❑ INT ® DWQ 16 ❑P ®T Impact 16 — Utility UT Mill Pond ® PER ® Corps 20 Crossing Creek ❑INT ®DWQ Page 5 of 12 PCN Form — Version 1 3 December 10, 2008 Version 3h Total stream and tributary impacts 300 31 Comments All impacts are temporary 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U S then individually list all open water impacts below 4a Open water impact number — Permanent (P) or Temporary T 4b Name of waterbody (if applicable) 4c Type of impact 4d Waterbody type 4e Area of impact (acres) 01 ❑P ❑T 02 ❑P ❑T 03 ❑P❑T 04 ❑P ❑T 4f. Total open water impacts 4g Comments 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below 5a Pond ID number 5b Proposed use or purpose of pond 5c Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e Upland (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g Comments: 5h Is a dam high hazard permit required ❑ Yes ❑ No If yes, permit ID no 51 Expected pond surface area (acres) 51 Size of pond watershed (acres) 5k Method of construction Page 6 of 12 PCN Form — Version 1 3 December 10, 2008 Version 6 Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below If yes, then individually list all buffer impacts below If any impacts require mitigation, then you MUST fill out Section D of this form 6a ❑ Neuse ❑ Tar - Pamlico ❑ Other Project is in which protected basin? ❑ Catawba ❑ Randleman 6b 6c 6d 6e 6f 6g Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? 131 ❑ PEI T ❑Yes ❑ No B2 ❑ P ❑ T ❑ Yes ❑ No B3 ❑P ❑T El Yes ❑ No 6h Total buffer impacts 61 Comments. D. Impact Justification and Mitigation 1. Avoidance and Minimization la Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The sewer line will be placed beneath the streams and wetlands The line will be trenched in and contours will be returned to preexisting conditions Impacts are limited to the amount necessary to install the line 1b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques Construction equipment will be operated from high ground during construction The sewer line will be placed beneath the streams and wetlands The line will be trenched in and contours will be returned to preexisting conditions Impacts are limited to the amount necessary to install the line (20 Linear feet at each crossing) The installation of the proposed sewer line crossing should take less than one day to install at each crossing 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a Does the project require Compensatory Mitigation for ❑ Yes ® No impacts to Waters of the U S or Waters of the State? 2b If yes, mitigation is required by (check all that apply) ❑ DWQ ❑ Corps ❑ Mitigation bank 2c If yes, which mitigation option will be used for this ❑ Payment to in -lieu fee program project? ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a Name of Mitigation Bank 3b Credits Purchased (attach receipt and letter) Type Quantity Page 7 of 12 PCN Form — Version 1 3 December 10, 2008 Version 3c Comments 4. Complete if Making a Payment to In -lieu Fee Program 4a Approval letter from in -lieu fee program is attached ❑ Yes 4b Stream mitigation requested linear feet 4c If using stream mitigation, stream temperature ❑ warm ❑ cool ❑cold 4d Buffer mitigation requested (DWQ only) square feet 4e Riparian wetland mitigation requested acres 4f Non - npanan wetland mitigation requested acres 4g Coastal (tidal) wetland mitigation requested acres 4h Comments 5. Complete if Using a Permittee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan 6 Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ❑ No 6b If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the amount of mitigation required Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1 5 6f Total buffer mitigation required: 6g If buffer mitigation is required, discuss what type of mitigation is proposed (e g , payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund) 6h Comments Page 8 of 12 PCN Form — Version 1 3 December 10, 2008 Version E Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan la Does the project include or is it adjacent to protected riparian buffers identified El Yes No within one of the INC Riparian Buffer Protection Rules lb If yes, then is a diffuse flow plan included? If no, explain why Comments El Yes ❑ No 2. Stormwater Management Plan 2a What is the overall percent imperviousness of this project? 0% 2b Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c If this project DOES NOT require a Stormwater Management Plan, explain why The project includes the installation of a sewer line and will not increase impervious surface area at the site 2d if this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan ❑ Certified Local Government 2e Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a In which local government's jurisdiction is this project7 ❑ Phase II 3b Which of the following locally - implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply) ❑ Water Supply Watershed ❑ Other 3c Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties 4a. Which of the following state - implemented stormwater management programs apply ❑ HQW ❑ ORW (check all that apply): ❑ Session Law 2006 -246 ❑ Other 4b Has the approved Stormwater Management Plan with proof of approval been attached' ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 12 PCN Form — Version 1 3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a Does the protect involve an expenditure of public (federal /state /local) funds or the ® Yes ❑ No use of public (federal /state) land? lb If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ® No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter ) ❑ Yes ❑ No Comments 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 213 0200)? 2b Is this an after - the -fact permit application? ❑ Yes ® No 2c If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s) 3. Cumulative Impacts (DWQ Requirement) 3a Will this project (based on past and reasonably anticipated future impacts) result in El Yes No additional development, which could impact nearby downstream water quality? 3b If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWO policy If you answered "no," provide a short narrative description The sewer line will serve the existing residents and schools along NC Highway 191 and North Rugby Road Additional development in the surrounding area is independent of the project. The project will not result in additional development that could impact downstream water quality 4. Sewage Disposal (DWQ Requirement) 4a Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility Wastewater will not be generated as a result of this project Page 10 of 12 PCN Form — Version 1 3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a Will this project occur in or near an area with federally protected species or Yes ® No habitat? 5b Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c If yes, indicate the USFWS Field Office you have contacted ❑ Asheville 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS County data and Natural Heritage Program (NHP) data The NHP data indicates a historical occurrence of the mountain sweet pitcherplant (Saracemajonesn) within the eastern extent of the project area on Stoney Mountain Drive NHP data indicated that searches in 1987 were unsuccessful in locating mountain sweet pitcher plant due to the draining of the bog Mountain sweet pitcher plant occurs in mountain bogs or other weltand habitats Suitable habitat does not exist within the project site It is the opinion of CEC that the proposed project is not likely to adversely affect the mountain sweet pitcher plant 6. Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? South Atlantic Habitat and Ecosystem IMS Impact will not occur in a marine system 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ®Yes E:1 No status (e.g , National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b What data sources did you use to determine whether your site would impact historic or archeological resources? National Register of Historic Places records maintained by the NC State Historic Preservation Office (SHPO) and available on SHPO's HPOWEB GIS Service The Moss - Johnson Farm (HPO Site ID HN0043) is located approximately 600 feet north of the proposed sewer line across NC Hwy 191 The Merchant - Goodson House (HPO Site ID HN0239) is located approximately 1 1 miles east of the project It is the opinion of CEC that the proposed project will not threaten the Integrity of these sites B. Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA- designated 100 -year floodplain? ® Yes ❑ No 8b If yes, explain how project meets FEMA requirements The sewer line will be sub - surface and upon completion of construction, contours will be returned to pre - existing conditions throughout the length of the floodplain. Installation of the line will not result in a rise to the floodplain elevation. 8c What source(s) did you use to make the floodplain determination? FEMA Map Service Center Map Panel 3700965000.1, 3700964000J, 3700964100J, and 37009651 00) (effective date 10/2/2008) Page 11 of 12 PCN Form — Version 1 3 December 10, 2008 Version R Clement Riddle at Applicant/Agent's Panted Name ApplicanUAgent's Signure (Agent's signature is valid only if an authorization letter from the applicant Is provided ) t/ Zd -&S­� Date Page 12 of 12 PCN Form — Version 1 3 December 10, 2008 Version Mill Pond Sewer Line ( +/- 5.2 Miles) "'e, Brndga Rd 280 Jellros_ 110, School House Rd p6 Rd °r n� 0 "Onie e a g m 'Plot Ir x Rd f 0 4 4 a Cr. � for o n• •on h;� p a h Legend A °D �-----� Sawa AlWvmM �Dm e o MO br. ROA 4.14.16; CEC Iw7 Ie 4J Henderson County, North Carolina 01. a �k $ •y v r 1+ 1 Z 1 .1 { 'Y Mougi �a c M o' Au %ch °° YO, Stag C °m,00, h °w a'a v AR41 4 may. �a 6 eov�a i s -104 174 1r' c, Qr Laurel �s 4ntu� a IN Rick 4 Rd M.,�r• YY 0 yid' Ondrsonvie. se *, iv:m:e P 9a 0-.%k e 0,10 0.5 1 2 old ee O W -*,3fa Lahr F 224 South Grove Strad. Suite F HeodemonvOle, North Cnulioe 28792 Site Vicinity Figure 1 Mill Pond Sewer Line ( +/- 5.2 Miles) 2 R LL Proposed Sewer Alignment •1 �Pi��� �1jr �l �� 1 � /.� ilia, `� .fir _ 1 ��� r• �.6 r N 14 I AR IV 4�� ;,Sy3�41 's Vig $4 IM V9 IN (, 0-1i5i ins I, Topographic , Quads Henderson County, QJV_ku Skyland & Horse Shoe North Carolina 224 South Grove Street, Suite F Hendersonville, North Carolina 28792 Figure 2 Figure 3 Impact Maps /Site Plans Mill Pond Sewer Line ( +/- 5.2 Miles) .f !9 410 "+Jltop f dr bLn H � - w a Rd -�- `ew Ln d Impact 5 O impact 6 1 r r G, 1 Impact 1 Rugby Or Rd Impact 2 �o Impacts 3 & 4 Itet�_ Legend _ Linear Wetland Culvert Stream Proposed Sewer 2015 Sheet n fa n r Impact 7 0 Impact 00� Impacts 11 & 12 a s ti S ,k or Wickins Dr yeril� 4d�� Impacts Debbie pr al Impactts or View Injeta 14 W S toney j03 M Impact 16 1 Impact 15 (' 750 1,500 N 3,000 Henderson County, CLear%tter Impact Map Overview North Carolina 224 South Grove Street, Suite F Figure 3A Hendersonville, North Carolina 28792 Mill Pond Sewer Line ( +I- 5.2 Miles) Mill Pond Sewer Line ( +/- 5.2 Miles) Legend i Linear Wetland -- Culvert Stream �— Proposed Sewer 2015 Henderson County, North Carolina % I. Impact 2 20 LF r •; [LearWater N 0 62.5 125 250 Feet 224 South Grove Street, Suite F Hendersonville, North Carolina 28792 Impact Map Figure 3C Mill Pond Sewer Line ( +/- 5.2 Miles) Impact 3 20 LF Legend Linear Wetland Culvert Stream Proposed Sewer 2015 Henderson County, CLearWater Impact Map North Carolina 224 South Grove Street, Suite I' Figure 3D I lendersonville, North Carolina 28792 Mill Pond Sewer Line ( +/- 5.2 Miles) Legend Linear Wetland - Culvert Stream �= Proposed Sewer 2015 a Impact 5 20 LF 0 62.5 125 250 Henderson County, CLearWater Impact Map North Carolina 224 South Grove Street, Suiic F Figure 3E I lendersonville, North Carolina 28792 Mill Pond Sewer Line ( +/- 5.2 Miles) ♦ q�e ,r ♦ ♦ V a _ Impact 6 20 LF N it iiL_ 0 62.5 125 250 Feet Henderson County, CLearWaEer North Carolina 224 South Grove Street, Suite F Hcndcrsonville, North Carolina 28792 Impact Map Figure 3F Mill Pond Sewer Line ( +1- 5.2 Miles) Legend Linear Wetland Culvert Stream �= Proposed Sewer 2015 AN f, rr' � Impact 7 20 LF yr1�� d -0 62.5 125 250 Feet Henderson County, CLearWater Impact Map North Carolina 224 South Grove SUM, Suite F Figure 3G Hendersonville, North Carolina 28792 Mill Pond Sewer Line ( +/- 5.2 Miles) Impact 8 20 LF e ud� r Legend Linear Wetland Culvert Stream Proposed Sewer 2015 4.15.1 887 Henderson County, North Carolina Impact 10 20 LF CLearWater I i` F act 9 LF N 0 62.5 125 250 Feet 224 South Grove Street, Suite F Hendersonville, North Carolina 28792 Impact Map Figure 3H Mill Pond Sewer Line ( +/- 5.2 Miles) W-0 I Impact 11 20 LF Impact 12 20 LF , - 7- M A' Legend _ N Linear Wetland ;wa Culvert ' Stream = r 0 62.5 125 250 Proposed Sewer 2015 Feet Diewn by: 4.16.1 r Henderson County, CLWOter Impact Map North Carolina 224 Soulh Grove Strccr, 5uile F Figure 31 Hendersonville, North Carolina 28792 Impact 13 20 LF Now. Mill Pond Sewer Line ( +/- 5.2 Miles) a Henderson County, CLearWater Impact Map North Carolina 224 South Grove Street, Suite F Figure 3J Hendersonville, North Carolina 28792 Mill Pond Sewer Line (+/- 5.2 Miles) 'N 5 ' 'ropac:j* 0 2: LF W Aia �Ae )'". .0 tr tii �W Legend N Linear Wetland Culvert Stream 0 62.5 125 250 Proposed Sewer 2015 Feet Drawn by: 4.16.16 RKM; CECWiWqct# 097 Henderson County, CLear\Nater Impact Map North Carolina 224 South Grove Simi, Suite F Figure 3K I lendersonville, Norlh Carolina 28792 Mill Pond Sewer Line ( +/- 5.2 Miles) Impact 16 20 LF r� r;— r .r r y st r 4 Legend N Linear Wetland Culvert Stream 0 62.5 125 250 ry T� Proposed Sewer 2015 Feet Drawn :1.1 .1 is ecee tie Henderson County, CLearWater Impact Map North Carolina 224 South Grove Street, Suite F Figure 3L Hendersonville, North Carolina 28792 GRASSED SLOPE CLASS B R 1 IP RAP TYPICAL HIGH WATER DEPTH .12" — 18" 1 EAM BED EXTEND RIP RAP A MIN, OF 6" BELOW STREAM BED. 2 1 o XISTING N N PROFILE 0 w it o tn i' RVH� F W R�N�OFE M m w PROPOS PROFILE RIP RAP do 6 " +/— NATURAL STREAM FILTER FABRIC DEPTH VARIES SUBSTRATE PLACED ON TOP OF ON STREAM BANKS 1 RIP RAP IN CENTER OF CHANNEL PROPOSED UTILITY PIPE LINE STREAM CROSSING DETAIL Preliminary Not for Construction WGLA Engineering, PLLC Scream Bank Scabilb2don CONSULTING ENGINMS $ LAND PLANNERS MILL POND CREEK $ Crossing Detail NC License No: P -1342 SANITARY SEWER FIGURE 3.1 214 N. King Sweet HENDERSON COUNTY #, 12158 Hendersonville, NC 28792 job (828) 687-7177 NORTH CAROLINA Dace: 4/02/15 wglaxom Scale: NTS Mill Pond Sewer Line (+/- 5.2 Miles) aye : A.- �q A Legend Sewer Alignment Soils C- BaB - Bradson Co - Codorus Cu - Comus DeA; Deb - Delanco (Dillard) Sao N HyB; HyC; HyE - Hayesville NYC, Ilk TeB- TeC - Tate To - Toxawayrb J 0 750 1,500 3,000 W - Water Fee t Dmwn by, RM 4.14.16; CEC Projectill 697 Henderson County, CLear\Nater USDA Soils Map North Carolina 224 South Grove Street, Suite F Figure 4 Hendersonville, North Carolina 28792 Mill Pond Sewer Line ( +/- 5.2 Miles) i 4. 1A v7 TA t t ' �. ;. • -.u;7 ? t, f -a , i�,. /`'. erg. . - ri' 9 �i x, t� w �+ o Al �Legend AA 10 750 1,500 SewerAlignment � t � '' '' ` � -srt ti, �► e — �t P i.:' `;� ��'• Y ;.: �-.. i n:.� 3 a � — ., y�r � nxx�.r' }f.� r � \. � �� ��+ t Tl%iy ?�i`•�l�Tn �.y�, � � •1..�r'Y �y,'1 �'r`� ��- �a�ti�`A�; * � �t� �� '� .ri�!f,i , r� {,���.'�'' •�,'y� ,h.{,g` • r . *. � r•. ti.t :4 ,� � 1 ill. ,114 7i u...�ti . L ` �. � K'rtrt � • r - � � ��` F 1 •+, � t Henderson County, North • 224 South Grove Street, Suite F liendWonville, North Carolina 28792 Mill Pond Sewer Line ( +/- 5.2 Miles) Jurisdictional Determination Information '0 Is. Qa Legend C J 11-10 ra y �9 dr OT JP r° 0- Mill Pond Sewer Line ( +/ -5.2 miles) o` d-� Y� 1s iy 0 - Linear Wetland ® Culvert Stream 0 5001,000 2,000 3,000 =--=m= Proposed Sewer 2015 ENEMni Feet Drawn by. RKM 3.31.15; CEC Project #697 Henderson County, North Carolina Qtr /� c N R49by PIS \y v �3 �a �o redo c. br f- r c d U- eT Cove GN %g°.x%vrst Ct u4 all o y� aearWater 224 South Grove Street, Suite F Hendersonville, North Carolina 28792 .Matsdiebanal wetands and walm ldenatsd on W a map haw bean located WtM Sub -meler no q ulitlaing a Trimbe mapping grade GbbN PaMoring System (GPS) and the wbsequenl dMNnrWal eonadlont of that data. GPS P� may demonstrate whcortadaMe errors due to topography. vegetative Cover, andfor multpath signal strm. f` — ot,rr,�n C1 81 y d (CEC) fi r our ahave not �thue veyed.. C a EC wj l: tM osuna 4. r agency that ran matte trnl dedabns raparmntg juriadcionN wetland and waters d the L1S dNkheatons Tlheraftxe, NI pratmirrary dalamr$hNterts w subJeet b t3rrhpe uMt wrtderr verMraton la oblashad. CEC atrorhgly �� rammmarhds trot wridsrh wdtcaton be obtained kom M Cory$ pdm b dosing an the gopsM. beglmirp Qt All any silo work, or maidng any No relianw on rds determination d a mt+ This map was prepared by CEC using the best Irdormation avatable to CEC at the time of production. `.O This map Is for bbrmodonet purposes only and should not be used to determine prods* boundaries. 7 roadway$, properly boundary linos, nor legal descriptions This map shall not be Conabued to be an official survey of any data depicted. Source OW: Togo data Is from Henderson County WGLA Englnoering Q• o Ck ` BostWIC ':� _ o 0 c JO d 0 c x ° 0 400d O'. of V b �n m 3 c 0 4 0 Qo m Q R49by PIS \y v �3 �a �o redo c. br f- r c d U- eT Cove GN %g°.x%vrst Ct u4 all o y� aearWater 224 South Grove Street, Suite F Hendersonville, North Carolina 28792 .Matsdiebanal wetands and walm ldenatsd on W a map haw bean located WtM Sub -meler no q ulitlaing a Trimbe mapping grade GbbN PaMoring System (GPS) and the wbsequenl dMNnrWal eonadlont of that data. GPS P� may demonstrate whcortadaMe errors due to topography. vegetative Cover, andfor multpath signal strm. f` — ot,rr,�n C1 81 y d (CEC) fi r our ahave not �thue veyed.. C a EC wj l: tM osuna 4. r agency that ran matte trnl dedabns raparmntg juriadcionN wetland and waters d the L1S dNkheatons Tlheraftxe, NI pratmirrary dalamr$hNterts w subJeet b t3rrhpe uMt wrtderr verMraton la oblashad. CEC atrorhgly �� rammmarhds trot wridsrh wdtcaton be obtained kom M Cory$ pdm b dosing an the gopsM. beglmirp Qt All any silo work, or maidng any No relianw on rds determination d a mt+ This map was prepared by CEC using the best Irdormation avatable to CEC at the time of production. `.O This map Is for bbrmodonet purposes only and should not be used to determine prods* boundaries. 7 roadway$, properly boundary linos, nor legal descriptions This map shall not be Conabued to be an official survey of any data depicted. Source OW: Togo data Is from Henderson County WGLA Englnoering Q• o Ck ` BostWIC ':� _ o 0 c JO d 0 c x ° 0 400d O'. of V b �n m 3 c 0 0 erJ. 0 oa 4o -Ar do Mouh ta`^ Rq c G�11, 0 t SJ 4� ,, 5NdLNt4 c � Iu Qa Stream & Wetland Delineation Map Delineated March 2015 Figure 7 APPROVED JURISDICTIONAL DETERMINATION FORM U S Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook SECTION 1: BACKGROUND INFORMATION A REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD)- B. DISTRICT OFFICE, FiLE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: State NC County /pansh/borough Henderson City Center coordinates of site (lat / long in degree decimal format) Lat 35 356425 ° N, Long -82 509805',W, Universal Transverse Mercator NAD 83 Name of nearest waterbody Mill Pond Creek and Unnamed Tributaries Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows French Broad Name of watershed or Hydrologic Unit Code (HUC) Upper French Broad 06010105 ® Check if map /diagram of review area and/or potential Jurisdictional areas is /are available upon request Q Check if other sites (e g, offsite mitigation sites. disposal sites etc ) are associated with this action and are recorded on a different JD form D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination Date ® Field Determination Date(s) SECTION Ii: SUMMARY OF FINDINGS A RHA SECTION 10 DETERMINATION OF JURISDICTION. There = "navigable waters of the US" within Rivers and Harbors Act (RHA) Jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] ® Waters subject to the ebb and flow of the tide ® Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce Explain B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There _A�t`'e "waters of the US" within Clean Water Act (CWA) Jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1 Waters of the U.S. a. Indicate presence of waters of U.S in review area (check all that apply). i ® TNWs, including territorial seas Wetlands adjacent to TNWs ® Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs ® Non -RPWs that flow directly or indirectly into TNWs ® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ® Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ® Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs ® Impoundments of junsdictional 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 687 linear feet 3- 8 width (ft) and/or acres Wetlands acres c. Limits (boundaries) of jurisdiction based on `bUabed by OHWM. Elevation of established OHWM (if known) 2. Non- regulated waters/wetlands (check if applicable)? ® Potentially junsdictional waters and /or wetlands were assessed within the review area and determined to be not jurisdictional Explain i Boxes checked below shall be supported by completing the appropriate sections to Section Ill below ' 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) Supporting documentation is presented in Section ill F SECTION 111: CWA ANALYSIS A TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs If the aquatic resource is a TNW, complete Section I11.A.1 and Section I11.D.1. only, if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A 1 and 2 and Section IILD 1.; otherwise, see Section III.B below 1. TNW Identify TNW Summarize rationale supporting determination Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent' B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non - navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year -round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year -round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III DA. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody° 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 111.0 below. 1. Characteristics of non -TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size 4Llat Drainage area idrl4fet Average annual rainfall inches Average annual snowfall inches (h) Physical Characteristics: (a) Relationship with TNW ❑ Tributary flows directly into TNW ❑ Tributary flows through tributaries before entering TNW Project waters are 1PfikIM! river miles from TNW Project waters are iikiE at river miles from RPW Project waters are aLlst aerial (straight) miles from TNW Project waters are I&V aenal (straight) miles from RPW Project waters cross or serve as state boundaries Explain Identify flow route to TNW' Tributary stream order, if known 'Note that the Instructional Guidebool, contains additional information regarding swales, ditches, washes, and erosional futures generally and to the and West ' Flow route can be described by identifying, e g, tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW (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 Average depth feet Average side slopes Primary tributary substrate composition (check all that apply) ❑ Sdts ❑ Sands ❑ Concrete ❑ Cobbles ❑ Gravel ❑ Muck ❑ Bedrock ❑ Vegetation Type/% cover ❑ Other Explain Tributary condition/stability [e g, highly eroding, sloughing banks] Explain Presence of run/nflle/pool complexes Explain Tributary geometry Tributary gradient (approximate average slope) % (c) Flow Tributary provides for �1LM Estimate average number of flow events in review area/year , EFEW Describe flow regime Other information on duration and volume Surface flow is 1, . Characteristics Subsurface flow Explain findings ❑ Dye (or other) test performed Tributary has (check all that apply) ❑ Bed and banks ❑ OHWM6 (check all indicators that apply) ❑ clear, natural line impressed on the bank ❑ ❑ changes in the character of soil ❑ ❑ shelving ❑ ❑ vegetation matted down, bent, or absent ❑ ❑ leaf litter disturbed or washed away ❑ ❑ sediment deposition ❑ ❑ water staining ❑ ❑ other (list) ❑ Discontinuous OHWM 7 Explain If factors other than the OHWM were used to determ ® High Tide Line indicated by Q ❑ oil or scum line along shore objects ❑ fine shell or debris deposits (foreshore) ❑ physical markings /charactensncs ❑ tidal gauges ❑ other (list) the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community ine lateral extent of CWA,lunsdicnon (check all that apply) Mean High Water Mark indicated by ❑ survey to available datum, ❑ physical markings, ❑ vegetation lines/changes in vegetation types (iii) Chemical Characteristics: Charactenze tributary (e g , water color is clear, discolored, oily film, water quality, general watershed characteristics, etc ) Explain Identify specific pollutants, if known 6A natural or man -made discontinuity in the OHWM does not necessarily sever junsdicuon (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 waterbod)'s flow regime (e g , flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break 'ibid (iv) Biological Characteristics. Channel supports (check all that apply): ❑ Riparian corridor Characteristics (type, average width) ❑ Wetland fringe Characteristics ❑ Habitat for ❑ Federally Listed species Explain findings ❑ Fish/spawn areas Explain findings ❑ Other environmentally - sensitive species Explain findings ❑ Aquatic /wildlife diversity Explain findings 2. Characteristics of wetlands adjacent to non -TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics Properties Wetland size acres Wetland type Explain Wetland quality Explain Project wetlands cross or serve as state boundaries Explain (b) General Flow Relationship with Non -TNW Flow is PIilit Explain Surface flow is: Characteristics Subsurface flow ek List Explain findings ❑ Dye (or other) test performed (c) Wetland Adiacencv Determination with Non -TNW. ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection Explain ❑ Ecological connection Explain ❑ Separated by bcmvbamer Explain (d) Proximity (Relationship) to TNW Project wetlands are MAM river miles from TNW Project waters are aerial (straight) miles from TNW Flow is from WList. Estimate approximate location of wetland as within the � 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 (Ill) 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 MUM 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: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW9 • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and hfecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW9 Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below - 1. Significant nexus findings for non -RPW that has no adjacent wetlands and flows directly or indirectly into TNWs Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III D 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 ail 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)- TNWs and Adjacent Wetlands. Check all that apply and provide size estimates to review area ® TNWs linear feet width (ft), Or, acres ® Wetlands adjacent to TNWs acres RPWs that flow directly or indirectly into TNWs. ® Tributaries of TNWs where tributaries typically flow year -round are junsdictional Provide data and rationale indicating that tributary is perennial Tributaries have strong bed and bank, continous flow, and substrate sorting ® Tributaries of TNW where tributaries have continuous flow "seasonally" (e g typically three months each year) are ,jurisdictional Data supporting this conclusion is provided at Section 111 B Provide rationale indicating that tributary flows seasonally Provide estimates forjunsdictional waters in the review area (check all that apply) ® Tributary waters 687 linear feet 3 -8 width (ft) ® Other non - wetland waters acres Identify type(s) of waters 3. Non -RPWss 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 junsdictional Data supporting this conclusion is provided at Section iIi C Provide estimates for junsdictional waters within the review area (check all that apply) Q Tributary waters linear feet width (ft) 19 Other non - wetland waters acres Identify type(s) of waters 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 tnbutanes 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 111 B and rationale in Section III D 2, above Provide rationale indicating that wetland is directly abutting an RPW Provide acreage estimates forjunsdictional wetlands in the review area acres 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 arejunsidictional Data supporting this conclusion is provided at Section III C Provide acreage estimates for junsdictional 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 junsdictional wetlands in the review area acres 7 Impoundments of jurisdictional waters.9 As a general rule, the impoundment of a junsdictional tributary remains jurisdictional ® Demonstrate that impoundment was created from "waters of the US," 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) 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: iSee Footnote # 3 9 To complete the analysis refer to the key in Section IIi D 6 of the Instructional Guidebook 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for revieN consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. Provide estimates for jurisdictional waters in the review area (check all that apply) Tributary waters linear feet width (ft) ® 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 cntena in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropnate Regional Supplements ® Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce ❑ Pnor to the Jan 2001 Supreme Court decision in "SWANCC,' the review area would have been regulated based solely on the "Migratory Bird Rule' (MBR) Q Waters do not meet the `Significant Nexus" standard, where such a finding is required for Junsdiction Explain ® Other (explain, if not covered above) Provide acreage estimates for non -junsdictional waters in the review area, where the sole potential basis of junsdiction is the MBR factors (i e, presence of migratory birds, presence of endangered species, use of water for imgated agnculture), using best professional Judgment (check all that apply) Non - wetland waters (i e , rivers, streams) linear feet width (ft) 0 Lakes /ponds acres Q Other non - wetland waters acres List type of aquatic resource 0 Wetlands acres Provide acreage estimates for nonyunsdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for junsdiction (check all that apply) Q Non - wetland waters (i e , nvers, streams) linear feet, width (ft) ® 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, appropnately reference sources below) ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant ® Data sheets prepared/submitted by or on behalf of the applicant/consultant ❑ Office concurs with data sheets/delineation report ❑ Office does not concur with data sheets/delineation report Data sheets prepared by the Corps ® 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 124K, Horse Shoe ® USDA Natural Resources Conservation Service Soil Survey Citation ❑� National wetlands inventory map(s) Cite name State /Local wetland inventory map(s) ® FEMA/FiRM maps ® 100 -year Floodplam Elevation is (National Geodectic Vertical Datum of 1929) ® Photographs ® Aerial (Name & Date) NCCGiA 2010 or ❑ Other (Name & Date) ® Previous determination(s) File no and date of response letter © Applicable/supporting case law ® Applicable /supporting scientific literature Other information (please specify) B. ADDITIONAL COMMENTS TO SUPPORT JD: JD applies to all streams in the Mill Pond Creek watershed within the delineation boundary 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): B DISTRICT OFFICE, FILE NAME, AND NUMBER• C PROJECT LOCATION AND BACKGROUND INFORMATION: State NC County/pansh / borough Henderson City Center coordinates of site (]at/long in degree decimal format) Lat. 35 356425 ° N, Long -82 5098050 W Universal Transverse Mercator NAD 83 Name of nearest waterbody Mud Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows French Broad Name of watershed or Hydrologic Unit Code (HUC) Upper French Broad 06010105 ® 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 t Field Determination Date(s) SECTION Il: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Mi "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 Pa "waters of the US' within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): i ® TNWs, including territorial seas ® Wetlands adjacent to TNWs ® Relatively permanent waters'- (RPWs) that flow directly or indirectly into TNWs ® Non -RPWs that flow directly or indirectly into TNWs ® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs Q 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 50 linear feet 50 width (fl) and/or acres Wetlands 01 acres c. Limits (boundaries) of jurisdiction based on ttibl TbsOHWA Elevation of established OHWM (if known) 2. Non - regulated waters /wetlands (check if applicable) :3 Q Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional Explain i Boxes checked below shall be supported by completing the appropriate sections in Section III below '- For purposes of this form, an RPW is defined as a tributary that is not a TN W 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 111 F SECTION III- CWA ANALYSIS A TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.I only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections 111.A.1 and 2 and Section III.D.I.; otherwise, see Section Il1.B below 1. TNW Identify TNW Summarize rationale supporting determination Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent' B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY)- This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non - navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year -round or have continuous flow at least seasonally (e g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional If the aquatic resource is not a TNW, but has year -round (perennial) flow, slip to Section III D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.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° 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 II1.B.1 for the tributary, Section III B.2 for any onsite wetlands, and Section 111.133 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.0 below. 1. Characteristics of non -TNWs that flow directly or indirectly into TNW (t) General Area Conditions: Watershed size Drainage areal'Id 1f:W Average annual rainfall inches Average annual snowfall inches (d) Physical Characteristics, (a) Relationship with TNW ❑ Tributary flows directly into TNW ❑ Tributary flows through tributaries before entering TNW Project waters are # jaMVI iif river miles from TNW Project waters are ck nver miles from RPW Project waters are iek st aerial (straight) miles from TNW Project waters are r]tList' aerial (straight) miles from RPW Project waters cross or serve as state boundaries Explain Identify flow route to TNW' Tributary stream order, if known ° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West 5 Flow route can be descnbed by identifying, e g , tributary a, which flows through the review area, to flow into tnbutary b which then flows into TNW (b) General Tributary Characteristics (check all that apply) Tributary is ❑ Natural ❑ Artificial (man -made) Explain ❑ Manipulated (man- altered) Explain Tributary properties with respect to top of bank (estimate) Average width feet Average depth feet Average side slopes lilt I.ii:t Primary tributary substrate composition (check all that apply) ❑ Silts ❑ Sands ❑ Cobbles ❑ Gravel ❑ Bedrock ❑ Vegetation Type/% cover ❑ Other Explain ❑ Concrete ❑ Muck Tributary condition /stability [e g , highly eroding, sloughing banks] Explain Presence of run/nffle/pool complexes Explain Tributary geometry �Liet Tributary gradient (approximate average slope) % (c) Flow Tributary provides forL�i�at Estimate average number of flow events in review area/year sF, Describe flow regime Other information on duration and volume Surface flow is Characteristics Subsurface flow Ud Explain findings ❑ Dye (or other) test performed Tributary has (check all that apply) ❑ Bed and banks ❑ OHWM6 (check all indicators that apply) ❑ clear, natural line impressed on the bank ❑ ❑ changes in the character of soil ❑ ❑ shelving ❑ ❑ vegetation matted down, bent, or absent ❑ ❑ leaf litter disturbed or washed away ❑ ❑ sediment deposition ❑ ❑ water staining ❑ ❑ other (list) ❑ Discontinuous OHWM 7 Explain If factors other than the OHWM were used to determ ® High Tide Line indicated by ❑ oil or scum line along shore objects ❑ fine shell or debris deposits (foreshore) ❑ physical markmgs/charactenstics ❑ tidal gauges ❑ other (list) (iii) Chemical Characteristics: the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community ine lateral extent of CWA jurisdiction (check all that apply) Mean High Water Mark indicated by ❑ survey to available datum, ❑ physical markings, ❑ vegetation lines /changes in vegetation types Characterize tributary (e g , water color is clear, discolored, oily film, water quality, general watershed characteristics, etc ) Explain Identify specific pollutants, if known rA 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 now above and below the break. 7ibid (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 (f) Physical Characteristics: (a) General Wetland Characteristics Properties Wetland size acres Wetland type Explain Wetland quality Explain Project wetlands cross or serve as state boundaries Explain (b) General Flow Relationship with Non -TNW Flow is ek " Explain Surface Flow is: Characteristics Subsurface flow + a 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 FIRM river miles from TNW Project waters are ekl A aerial (straight) miles from TNW Flow is from Estimate approximate location of wetland as within the It W_"M 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 wetlands) being considered in the cumulative analysis dcL�ist Approximately ( ) acres in total are being considered in the cumulative analysis For each wetland, specify the following Directly abuts9 (Y /N Size (in acres) Directly abuts9 (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 Iles 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- • Does the tnbutary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or reanng young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs9 • 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 width (ft), 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 tnbutary is perennial Mud Creek is a named blue line creek on the USGS Topographic Map ® Tributaries of TNW where tributaries have continuous flow "seasonally" (e g, typically three months each year) are ,jurisdictional Data supporting this conclusion is provided at Section 111 B Provide rationale indicating that tnbutary flows seasonally Provide estimates for jurisdictional waters in the review area (check all that apply) ® Tributary waters 50 linear feet 50 width (ft) 19 Other non - wetland waters acres Identify type(s) of waters Non -RPWs8 that flow directly or indirectly into TNWs. Q 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 junsdictional waters within the review area (check all that apply) Q Tributary waters linear feet width (ft) Q Other non - wetland waters acres Identify type(s) of waters 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 Wetland discharges directly into Mud Creek. ® Wetlands directly abutting an RPW where tributaries typically flow "seasonally " Provide data indicating that tributary 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 junsdictional wetlands in the review area .01acres 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 junsidictional Data supporting this conclusion is provided at Section III C Provide acreage estimates for junsdictional 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 junsdichonal tributary remains junsdicttonal Q Demonstrate that impoundment was created from "waters of the US." or Q 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) :'o ® 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: 'See Footnote # 3 9 To complete the analysis refer to the key in Section III D 6 of the Instructional Guidebook 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for re,.iew consistent with the process described in the Corps/EPA Memorandum Regarding CIVA Act Jurisdiction Following Rapano& Provide estimates for Junsdictional waters in the review area (check all that apply) Q Tributary waters linear feet width (ft) Q Other non - wetland waters acres Identify type(s) of waters Wetlands acres NON - JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): Q 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 appropnate Regional Supplements ® Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce ❑ Pnor 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 Junsdiction Explain ® Other (explain, if not covered above) Provide acreage estimates for non- lunsdicttonal 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 agnculture), using best professional Judgment (check all that apply) ❑ Non - wetland waters (i e, rivers, streams) linear feet width (ft) Lakes /ponds acres Other non - wetland waters acres List type of aquatic resource Wetlands acres Provide acreage estimates for non- lunsdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for junsdiction (check all that apply) ® Non - wetland waters (i e, rivers, streams) linear feet, width (ft) sa 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 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 l 24K, Skyland ® USDA Natural Resources Conservation Service Soil Survey Citation ® National wetlands inventory map(s) Cite name ® State /Local wetland inventory map(s) p FEMA/FIRM maps ® 100 -year Floodplain Elevation is (National Geodectic Vertical Datum of 1929) ® Photographs ® Aenal (Name & Date) NCCGIA 2010 or ❑ Other (Name & Date) ® Previous determination(s) File no and date of response letter ❑ Applicable /supporting case law ® Applicable /supporting scientific literature ® Other information (please specify) B. ADDITIONAL COMMENTS TO SUPPORT JD. JD applies to the streams and wetlands to the Mud Creek Watershed and in the delineation boundary APPROVED JURISDICTIONAL DETERMINATION FORM U.S Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook SECTION 1: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD) B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C PROJECT LOCATION AND BACKGROUND INFORMATION: Statc -NC County/pansh/borough Henderson City Center coordinates of site (lat/long in degree decimal format) Lat 35 356425 ° 1, Long -82 509805° R Universal Transverse Mercator NAD 83 Name of nearest waterbody Unnamed Tributaries to French Broad River Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows French Broad Name of watershed or Hydrologic Unit Code (HUC) Upper French Broad 06010105 ® 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 I Field Determination Date(s) SECTION II: SUMMARY OF FINDINGS A RHA SECTION 10 DETERMINATION OF JURISDICTION. There no "navigable waters of the US " within Rivers and Harbors Act (RHA) Jurisdiction (as defined by 33 CFR part 329) in the review area [Required] Waters subject to the ebb and flow of the tide Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce Explain B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters of the US" within Clean Water Act (CWA) Jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1 Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): i ® TNWs, including territorial seas ® Wetlands adjacent to TNWs ® Relatively permanent waters (RPWs) that flow directly or indirectly into TNWs ® Non -RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs Impoundments of junsdictional 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 71 linear feet 213 width (ft) and/or acres Wetlands acres c. Limits (boundaries) of jurisdiction based on Erta'11I edlbs OHW�VI; Elevation of established OHWM (if known) 2 Non - regulated waters /wetlands (check if applicable)? Potentially jurisdictional waters and /or wetlands were assessed within the review area and determined to be not junsdictional Explain i Boxes checked below shall be supported by completing the appropriate sections in Section III below ' 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) ' Supporting documentation is presented in Section Ill F SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and Hetlands 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 HI.A.I and 2 and Section HI.D 1.; otherwise, see Section III.B below 1 TNW Identify TNW Summarize rationale supporting determination 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent" B CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for Jurisdiction established under Rapanos have been met. 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 II1.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° 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 IIl.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section IIl.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.0 below. 1. Characteristics of non -TNWs that flow directly or indirectly into TNW (i) General Area Conditions Watershed size WI—Rd Drainage area Pldi I:1>tR Average annual rainfall inches Average annual snowfall inches (it) Physical Characteristics: (a) Relationship with TNW ❑ Tributary flows directly into TNW ❑ Tributary flows through ek +I.lat tributaries before entering TNW Project waters are river miles from TNW Project waters are river miles from RPW rck, Project waters are aenal (straight) miles from TNW Project waters are aerial (straight) miles from RPW Project waters cross or serve as state boundaries Explain Identify flow route to TNWS Tributary stream order, if known Note that the Instructional Guidebook contains additional information regarding swales ditches, washes, and erosional futures generally and in the and West 5 Flow route can be described by identifying e g tributary a, which Flows through the review area, to flow into tributary b, which then flows into TNW (b) General Tributary Characteristics (check all that annly) Tributary is ❑ Natural ❑ Artificial (man -made) Explain ❑ Manipulated (man- altered) Explain Tributary properties with respect to top of bank (estimate) Average width feet Average depth feet Average side slopes L1s�t. Primary tributary substrate composition (check all that apply) ❑ Silts ❑ Sands ❑ Concrete ❑ Cobbles ❑ Gravel ❑ Muck ❑ Bedrock ❑ Vegetation Type /% cover ❑ Other Explain Tributary condition/stability [e g, highly eroding, sloughing banks] Explain Presence of run/nffle/pool complexes Explain Tributary geometry I,! Tributary gradient (approximate average slope) % (c) Flow Tributary provides for List Estimate average number of flow events in review area/year We7 Describe flow regime Other information on duration and volume Surface flow is Charactenshcs Subsurface flow Explain findings ❑ Dye (or other) test performed Tributary has (check all that apply) ❑ Bed and banks ❑ OHWM6 (check all indicators that apply) ❑ clear, natural line impressed on the bank ❑ ❑ changes in the character of soil ❑ ❑ shelving ❑ ❑ vegetation matted down, bent, or absent ❑ ❑ leaf litter disturbed or washed away ❑ ❑ sediment deposition ❑ ❑ water staining ❑ ❑ other (list) ❑ Discontinuous OHWM 7 Explain If factors other than the OHWM were used to deter ® High Tide Line indicated by ❑ oil or scum line along shore objects ❑ fine shell or debris deposits (foreshore) ❑ physical markings/charactenstics ❑ tidal gauges ❑ other (list) the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community ine lateral extent of CWA,lunsdichon (check all that apply) Mean High Water Mark indicated by ❑ survey to available datum, ❑ physical markings, ❑ vegetation lines/changes in vegetation types (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 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 waterbod)'s flow regime (e g , flow over a rock outcrop or through a culvert), the agencies will loot, for indicators of flow above and below the break 'Ibid (iv) Biological Characteristics. Channel supports (check all that apply): ❑ Ripanan comdor Charactenshcs (type, average width) ❑ Wetland fringe Characteristics ❑ Habitat for ❑ Federally Listed species Explain findings ❑ Fish/spawn areas Explain findings ❑ Other environmentally - sensitive species Explain findings ❑ Aquatic /wildlife diversity Explain findings 2. Characteristics of wetlands adjacent to non -TNW that flow directly or indirectly into TNW (i) Physical Characteristics. (a) General Wetland Characteristics Properties Wetland size acres Wetland type Explain Wetland quality Explain Project wetlands cross or serve as state boundaries Explain (b) General Flow Relationship with Non -TNW Flow is F "MM Explain Surface flow is: aj;M Characteristics Subsurface flow Explain findings ❑ Dye (or other) test performed (c) Wetland Adlacency Determination with Non -TNW ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection Explain ❑ Ecological connection Explain ❑ Separated by berm/bamer Explain (d) Proximity (Relationship) to TNW Project wetlands are river miles from TNW Project waters are aerial (straight) miles from TNW Flow is from elc,Ew. Estimate approximate location of wetland as within the 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 ❑ Aquahc /wildlife diversity Explain findings 3 Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis Let 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? (YIN) Size tin acres) Summarize overall biological, chemical and physical functions being performed C SIGNIFICANT NEXUS DETERMINATION A significant nexus analysts 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: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below. 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 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): TNWs and Adjacent Wetlands Check all that apply and provide size estimates in review area ® TNWs linear feet width (ft), Or, acres ® Wetlands adjacent to TNWs acres RPWs that flow directly or indirectly into TNWs. ® Tributaries of TNWs where tributaries typically flow year -round arejunsdictional Provide data and rationale indicating that tributary is perennial Tributaries have strong bed and bank and continous flow ® Tributaries of TNW where tributaries have continuous flow "seasonally" (e g , typically three months each year) are ,jurisdictional Data supporting this conclusion is provided at Section 111 B Provide rationale indicating that tributary flows seasonally Provide estimates forjunsdictional waters in the review area (check all that apply) ® Tributary waters 71 linear feet 24 width (ft) Q Other non - wetland waters acres Identify type(s) of waters 3 Non -RPWs8 that flow directly or indirectly into TNWs. ® Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jursdictional Data supporting this conclusion is provided at Section iiI C Provide estimates forjunsdictional waters within the review area (check all that apply) Q Tributary waters linear feet width (ft) ® Other non - wetland waters acres Identify type(s) of waters 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands ® 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 El Wetlands directly abutting an RPW where tributaries typically flow "seasonally " Provide data indicating that tributary is seasonal in Section 111 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 arejunsidictional Data supporting this conclusion is provided at Section III C Provide acreage estimates forjunsdictional wetlands in the review area acres 6. Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs. Q 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 111 C Provide estimates for junsdictional wetlands in the review area acres 7. Impoundments of jurisdictional waters .9 As a general rule, the impoundment of ajurisdictional tributary remains jurisdictional ai Demonstrate that impoundment was created from "waters of the U S ," or Q 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 Q 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: 8See Footnote tl 3 To complete the analysis refer to the key in Section 111 D 6 of the instructional Guidebook 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts wll elevate the action to Corps and EPA HQ for reviev, consistent arth the process described in the Corps/EPA Afemarandum Regarding CIVA Act Jurisdiction Following Rapanos. Provide estimates for Jurisdictional waters in the review area (check all that apply) 0 Tributary waters linear feet width (ft) ® Other non - wetland waters acres Identify type(s) of waters ® Wetlands acres NON - JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY) ® If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements ® Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce ❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC" the review area would have been regulated based solely. on the "Migratory Bird Rule' (MBR) ® Waters do not meet the "Significant Nexus' standard, where such a finding is required forJunsdicnon Explain ❑ Other (explain, if not covered above) Provide acreage estimates for non -lunsdictional 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 width (ft) Q Lakes/ponds acres ® Other non - wetland waters acres List type of aquatic resource ® Wetlands acres Provide acreage estimates for non- lunsdictional waters to the review area that do not meet the "Significant Nexus standard, where such a finding is required for Junsdiction (check all that apply) INon - wetland waters (i c, rivers, streams) linear feet, width (ft) 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 ® 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, Skyland USDA Natural Resources Conservation Service Soil Survey Citation National wetlands inventory map(s) Cite name ® State/Local wetland inventory map(s) ® FEMA/FIRM maps ® 100 -year Floodplam Elevation is (National Geodectic Vertical Datum of 1929) ® Photographs ® Aerial (Name & Date) NCCGIA 2010 or ❑ Other (Name & Date) ® Previous determination(s) File no and date of response letter ® Applicable/supporting case law ® Applicable/supporting scientific literature © Other information (please specify) B ADDITIONAL COMMENTS TO SUPPORT JD. JD applies to S2, S3, and S4 - unnamed tributaries to the French Broad River Wetland Data Forms WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region Project/Site P Q-yny Q •�� City /County Hc� Sampling Dale 3131115 Applicant/Owner _ Ha..tcr�o. ta._t / Slate WG Sampling Point W 1 Investigator(s) M 1 A-f wit Section, Township, Range Landform (hillslope terrace etc Local relief (concave, convex, none) Lo'r. c_ Slope ( %) L I Subregion (LRR or MLRA) tVI-0 Lai 35 3912,39 Lon -Sa.5e93o1 9 Datum -!2111 111 $3 Sod Map unit Name C olter.� NWI classification td %A Are climatic / hydrologic conditions on the site typical for this hme or year? Yes X No (If no, explain classification Remarks) Are Vegetation Soil or Hydrology significantly disturbed7 Are "Normal Circumstances" present? Yes x No Are Vegetation 5011 or Hydrology naturally problematic? (If needed, explain any answers In Remarks) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Hydric Soil Present? Yes X No Is the Sampled Area Wetland Hydrology Present? Yes X No within a Wetland? Yes X_ No HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one is reouired check all that Secondary Indicators (minimum of two required) _ Surface Water (Al) apply) _ True Aquatic Plants (814) _ Surface Sal Cracks (B6) _ Sparsely Vegetated Concave Surface (BB) _ High Water Table (A2) _ Hydrogen Sulfide Odor (CI) _ Drainage Patterns (1310) (Z Saturation (A3) _ Oxidized Rhizospheres on Living Roots (C3) Moss Trim Lines (1376) _ Water Marks (131) _, Presence of Reduced Iron (C4) _ _ Dry- Season Water Table (C2) _ Sediment Deposits (132) _ Recent Iron Reduction in Tilled Sods (C6) _ Crayfish Burrows (CB) _ Drift Deposits (133) Algal Mat or Crust (84) _ Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) _ _ Iron Deposits (85) _ Other (Explain In Remarks) _ Stunted or Stressed Plants (D1) _ Inundation Visible on Aerial Imagery (87) _ Geomorphic Position (D2) Water - Stained Leaves (89) _ Shallow Aquitard (D3) _ Aquatic Fauna (B13) _ Microtopographic Relief (D4) ations_ _ FAC- Neutral Test (135) r Present? Yes No X Depth (inches)- EObservations: resent? Yes No X Depth ( mches) sent? Y es )t No Ala inn e Depth (inches)Wetland Hydrology Present? Ves X No escrie Recorded Data (stream gauge, monitoring well, aerial photos, previous Inspections), if available Remarks US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2 0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point V t Tree Stratum (Plot size ) Absolute Dominant indicator °.6 Cover Species? Status Dominance Test worksheet 1 Number of Dominant Species ' That Are OBL, FACW, or FAC (A) 2 3 Total Number of Dominant Species Across All Strata (B) I 4 5 Percent of Dominant 6 That Are BL, FACW, or FAC (A/B) 7 Prevalence Index worksheet: = Total Cover Total % Cover of Multiply by 50% of total cover 20% of Iota[ cover OBL species x 1 - Saplinp /Shrub Stratum (Plot size t FACW species x 2 = 1 FAC species x 3 - 2 FACU species x 4 = 3 UPL species x 5 = 4 Column Totals (A) (B) 5 6 Prevalence Index = B/A = 7 Hydrophyttc Vegetation Indicators: 6 _ 1 - Rapid Test for Hydrophytic Vegetation g ,- 2 - Dominance Test is >50% _ 3 Prevalence Index is s3 D' =Total Cover 50% of total cover 20% of total cover — 4 - Morphological Adaptations' (Provide supporting Herb Stratum (Plot size ) data in Remarks or on a separate sheet) 1 Cmc,r cif. - r —i- FACW _ Problematic Hydrophylic Vegetation' (Explain) 2 3 'Indicates of hydric soil and wetland hydrology must 4 he present, unless disturbed or problematic. 5 Definitions of Four Vegetation Strata - 6 Tree - Woody plants, excluding vines, 3 In (7 6 cm) or j 7 more to diameter at breast height (DBH), regardless of height B g Sapling/Shrub s 10 than 3 b D Hand greater th n or equal to 3.28 ft m) tall 11 Herb - All herbaceous (non - woody) plants, regardless = Total Cover of size, and woody plants less than 3.28 R tall 50% of total cover 20% of total cover Woody Vine Stratum (Plot size ) Woody vine - All woody vines greater than 3 28 h in 1 hei hl 2 3 4 5 Hydrophyuc Vegetation = Total Cover Present? Yes Y_ No 50% of total cover 20% of total cover Remarks (Include photo numbers here or on a separate sheet) US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2 0 SOIL Sampling Point NN i Profle Description (Describe to the depth needed to document the indicator or confirm the absence of indicators) Depth Matrix mches Color (moist) A Redox Features Color fmolsi) 9- Type Loc Texture Remarks C 'Type C= Concentration, D =De lesion. RM= Reduced Matrix, MS= Masked Sand Grains Hydric Soil indicators: 'Location PL =Pore Lining. M =Matnx Histosol (Al) Indicators for Problematic Hydric SodsT _ _ Histic Epipedon (A2) _ Dark Surface (S7) _ 2 cm Muck (A10) (MLRA 147) _ PDlyvaiue Below Surface (S8) (MLRA 147, 148) Coast Prairie Redox (Al 6) _ Black Histic (A3) Hydrogen Sulfide (A4) _ Thin Dark Surface (59) (MLRA 147, 148) _ (MLRA 147, 148) _, _ Stratified Layers (A5) _ Loamy Gleyed Matrix (F2) Depleted Matrix (F3) _ Piedmont Floodplain Soils (F19) _ 2 cm Muck (A10) (LRR N) Depleted Below Dark Surface (Al 1) -X _ Redox Dark Surface (F6) (MLRA 136, 147) _ Very Shallow Dark Surface (TF12) _ _, Thick Dark Surface (Al2) _ Depleted Dark Surface (F7) _ Redox Depressions (Fa) _ Other (Explain in Remarks) _ Sandy Mucky Mineral (S7) (LRR N, _ Iron - Manganese Masses (1712) (LRR N. MLRA 147, 148) MLRA 136) _ Sandy Gleyed Matrix (S4) Sandy Redox (SS) _ Umbric Surface (1713) (MLRA 136, 122) 'Indicators of hydrophytic vegetation and _ _ Stripped Matrix (S6) _ Piedmont Floodplain Sails (F19) (MLRA 148) wetland hydrology must be present, _ Red Parent Material (1721) (MLRA 127,147) Restrictive Layer fif observed): unless disturbed or problematic Type Depth (inches) Remarks Hydric Soil Present? Yes iC No US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2 0