20061416 Ver 1_Emails_20071007

FW: JD form guidance
Subject: FW: JD form guidance
From: "Kevin Martin" <[e-mail]>
Date: Tue, 7 Aug 2007 08:41:29 -0400
To: <[e-mail]>, <[e-mail]>
Tom and John, Tom and I discussed this yesterday. It relates to Booth Mtn/Westfall in Chatham county and also
the big picture of how DWQ will handle requests for site visits in watersheds that do not have state mandated
Buffers that require site determinations. Below is an email from the Corps which basically says that if you had a
site visit by the Corps prior to 6/5/07 and the owner is willing to state they are OK with a
pre Rapanos" determination the Corps will sign delineations. Since at Booth Mountain we had met the Corps in
early 2006 and sent them a survey to sign over a year ago, after receiving this info our client sent the required
statement and the Corps signed the delineation, which does not include the 85' area we have most recently
been discussing. My position is that to be consistent with Alan Klimek's statement that DWQ "won't second
guess a Corps call and/or try to claim jurisdiction over state waters that are not waters of the U.S. (we will
maintain that we have broad authority in our statutes, as you and I have discussed)" DWQ would not claim any
sort of "jurisdiction over this area. I would like to know you thoughts on this. Remember this determination is
made "pre Rapanos" and the failure of the Corps to regulate the area has absolutely nothing to do with the
Rapanos decision.
I realize this is and continues to be a huge waste of everyone's time because you, John and I agree that even if
it were called isolated by the Corps (which it was not) it would be deemed permitted by DWQ since it is less than
150'. However in this case the locals could attempt to use such a determination to require a buffer on the area
even if it could be permitted. In that case I would still need to appeal John's determination made with me (he did
not do a stream form when he was with Allison). John scored 20 I scored a 17. Let me know your thoughts ad
we can determine how to proceed.
In the bigger picture as I discussed in emails months ago, if DWQ will continue to make site visits to second
guess the Corps (or even go before the Corps makes a determination) I will need to know that because it will
mean I will need to have my staff take the Corps and DWQ to every single site and every single draw on a piece
of property even if we believe nothing is there. Secondly it brings back up the waters of the state issue where
there is no permitting process (if DWQ calls something a water that the Corps doesn't). That would then dictate
the need for emergency rule making to cover such situations regardless of how unlikely they may be. Kevin
From: Alsmeyer, Eric C SAW [mailto:[e-mail]]
Sent: Fri 8/3/2007 1:50 PM
Subject: Re: ]D form guidance
All: If this is the first time you are getting an a-mail from me about the Rapanos JD forms, please look at the
attached a-mails first.
This is an update re: the required info for JD's.
1) The final (We received it today) Appendix D: Traditional Navigable Waters document is attached. Based on
this, Wilmington District will interpret "navigable in fact" to apply to waters that have or presently support boating
traffic AND have, are, or can be used for commerce.
2) The Wilmington District will now sign delineations where the Corps visited the site prior to 6/5/07
without requiring Rapanos form documentation, if the
property owner sends the Corps an email or a letter that says "I, ,the current property owner
of this project, do not request the Corps to evaluate our site using the Rapanos Guidance. Instead, I am
satisfied with the delineation as reviewed and approved in the field by the Corps prior to 6/5/2007, and ask that
you sign/approve the survey submitted to you based on that field review by your staff ."
Please reply or call if I may serve you in any other way.
Eric Alsmeyer
1 of 4 8/10/2007 12:20 PM

FW: JD form guidance
Project Manager
US Army Corps of Engineers
Raleigh Regulatory Field Office
Tel: [phone], ext 23
Fax: [phone]
Regulatory Homepage: _http: //www. saw. usace. army. mil/WETLANDS
Please help us better serve you! Take our brief online Customer Service Survey.
(http://www. saw. usace. army. mil/scripts/rws3. pl?FORM=regulatory)
Subject: Rapanos JD forms
From: "Alsmeyer, Eric C SAW" <[e-mail]>
Date: Thu, 5 Jul 2007 16:11:54 -0400
All: Effective immediately, project proponents and consultants that are submitting Section 404 delineations
within the Wilmington District for which you want written verification, or submitting permit or nationwide or
regional general permit (NWP/RGP) verification applications with impacts to Section 404 waters, will have to
submit completed Rapanos JD forms for each and every distinct water of the US that is within the delineated
area, or that will be impacted if a permit or NWP/RGP verification is being submitted.
If you have not yet printed out the forms and related guidance, a Word version of the form with the drop-down
lists is att.,
«07-06-08Final JD Form.doc»
and the guidance is available at the following weblink:
http://www.usace.army.mil/cw/cecwo/req/cwa guide/cwa quide.htm.
When you fill out the form, leave the first date entry blank (I.A.) empty; the Corps will insert the date when the
form gets final approval. You can insert a project name in the 2nd blank (I.B.) ,and the Corps will add the
District Office and Number.
You should submit both a paper copy, and a Word electronic copy for each distinct water. This will allow us to
review the forms easily, and also to submit the forms electronically to our headquarters and US-EPA, as we are
required to do.
This requirement replies to past submittals of JD requests and permit approvals verifications, as well as
new submittals. We cannot provide written JD verifications or permits/NWP/RGP verifications for which we do
not have the completed forms. For permit submittals, you can submit JD forms for only those waters that are
impacted. However, there is some risk in this, if there is ever a question about other potential 404 areas on the
site for which we do not have forms. For JD inspections that are scheduled in the future, you will be expected to
provide the JD forms when we meet you on the site, just as you provide wetland data forms now.
Please pass this on to anyone else in your office that may need this information.
Please reply or call if I may serve you in any other way.
Thank you for your patience as we work through this new process.
Eric Alsmeyer
Project Manager
US Army Corps of Engineers
Raleigh Regulatory Field Office
Tel: [phone], ext 23
Fax: [phone]
2 of 4 8/10/2007 12:20 PM

FW: JD form guidance
Regulatory Homepage: http: //www. saw. usace. army. mil/WETLANDS
Please help us better serve you! Take our brief online Customer Service Survey.
(http://www. saw. usace. army. mil/scripts/rws3. pl?FORM=regulatoN)
Subject: FW: Rapanos JD forms
From: "Alsmeyer, Eric C SAW" <[e-mail]>
Date: Tue, 24 Ju12007 09:42:25 -0400
All: Some clarifications in requirements for JD forms that we've received since my 7/5/07 a-mail.
1. If we received a complete PCN before 6/5/07, then we are not required to have Rapanos JD forms for those
permit verifications. If you are not sure if we would have received it before or after that date, please call me or
the appropriate Corps contact.
2. If you have several wetlands "similarly situated" on the same "relative reach" of stream, and all those
wetlands have similar characteristics, i.e., are all abutting the stream, or are all adjacent but not abutting, and all
have the same surface flow characteristics, then you can use one form for that relative reach and all those
"similarly situated" wetlands.
3. See Appendix E - RGL 07-01 (pp 8-9) for information on how PCN's received after 6/5/07 will be handled. If
you submit PCN's with impacts to "significant nexus" streams or wetlands, or isolated wetlands, the nationwide
permit authorization may be suspended before the 45 days are up so the JD can be finalized.
Please reply or call if I may serve you in any other way.
Eric Alsmeyer
Project Manager
US Army Corps of Engineers
Raleigh Regulatory Field Offrce
Tel: [phone], ext 23
From: Alsmeyer, Eric C SAW
Sent: Thursday, July 05, 2007 4:12 PM
Subject: Rapanos JD forms
All: Effective immediately, project proponents and consultants that are submitting Section 404 delineations
within the Wilmington District for which you want written verification, or submitting permit or nationwide or
regional general permit (NWP/RGP) verification applications with impacts to Section 404 waters, will have to
submit completed Rapanos JD forms for each and every distinct water of the US that is within the delineated
area, or that will be impacted if a permit or NWP/RGP verification is being submitted.
If you have not yet printed out the forms and related guidance, a Word version of the form with the drop-down
lists is att.,
and the guidance is available at the following weblink:
http://www.usace.army.mil/cw/cecwo/req/cwa guide/cwa guide.htm.
When you fill out the form, leave the first date entry blank (I.A.) empty; the Corps will insert the date when the
form gets final approval. You can insert a project name in the 2nd blank (I.B.) ,and the Corps will add the
District Office and Number.
3 of 4 8/10/2007 12:20 PM

FW: JD form guidance
You should submit both a paper copy, and a Word electronic copy for each distinct water. This will allow us to
review the forms easily, and also to submit the forms electronically to our headquarters and US-EPA, as we are
required to do.
This requirement replies to past submittals of JD requests and permit approvals verifications, as well as
new submittals. We cannot provide written JD verifications or permits/NWP/RGP verifications for which we do
not have the completed forms. For permit submittals, you can submit JD forms for only those waters that are
impacted. However, there is some risk in this, if there is ever a question about other potential 404 areas on the
site for which we do not have forms. For JD inspections that are scheduled in the future, you will be expected to
provide the JD forms when we meet you on the site, just as you provide wetland data forms now.
Please pass this on to anyone else in your office that may need this information.
Please reply or call if I may serve you in any other way.
Thank you for your patience as we work through this new process.
Eric Alsmeyer
Project Manager
US Army Corps of Engineers
Raleigh Regulatory Field Office
Tel: [phone], ext 23
Fax: [phone]
Regulatory Homepage: http: //www. saw. usace. army. mil/WETLANDS
Please help us better serve you! Take our brief online Customer Service Survey.
(http://www. saw. usace. army. mil/scripts/rws3. pl?FORM=requlatoN)
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FW: Rapanos JD forms.eml
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