Loading...
HomeMy WebLinkAbout20181148 Ver 3_KelfordWetland-StreamCombinedReport4-24-15_20230815I{E KELLER ENVIRONMENTAL ENVIRONMENTAL CONSULTANTS April 24, 2015 Vanessa Goff Duke Energy Generation Services 1880 South Winton Road; Suite 7 Rochester, NY 14618 Re: Kelford Solar Kelford, NC Wetland and Stream Jurisdictional Assessment Keller Environmental Job # 1476 Dear Ms. Goff: Thank you for allowing Keller Environmental (KE) to provide assistance for this innovative project. This work is associated with the proposed design and building of the solar field located at approximately 3704 Governor Road (NC 308); Kelford, NC. The Bertie County GIS identifies these 128.39 and 174.45-acre parcels as 5828-80-6961 and 5827-88-8954, respectively. The purpose of this report is to address the wetland and stream findings for the subject tract. I. Background The approximately 303-acre site is located at approximately 3704 Governor Road (NC 308); Kelford, NC. Based on the United States Geological Survey (USGS) Topographic Map, unnamed tributaries to the Cashie River are located on the site. Wetlands are defined by the United States Army Corps of Engineers (COE) and the United States Environmental Protection Agency (EPA) as "those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal circumstances, do support a prevalence of vegetation typically adapted for life in saturated soil conditions." In order for an area to be classified as wetland, hydrophytic vegetation, hydric soils and wetland hydrology indicators must be present. II. Literature Review Initially, an off -site wetland and stream investigation was undertaken using the following secondary source information identify high probability jurisdictional wetland areas, watercourses, and non -tidal wetlands of special State concern. • USGS 7.5 minute topographic mapping; • NRCS Bertie County, North Carolina Soil Survey; • Bertie County GIS maps; • Google Earth Aerials; • Historical Aerials Kelford Solar Kelford, NC Wetland & Stream Jurisdictional Assessment April 24, 2015 Page 2 of 3 The USGS Topographic Map, Kelford, NC Quadrangle (Figure 1) depicts unnamed tributaries to the Cashie River are located on the site. The NRCS Soil Survey of Bertie County indicates that soils on the site have been mapped as follows. Map Unit Map Unit Name Location Slope Hydric Drainage Symbol % Inclusions Classification BoB Bonneau loamy Upland ridges & 0-6 yes Well sand side slopes GoA Goldsboro sandy Upland ridges & 0-3 yes Moderately Well loam flats Lf Leaf loam Depressions & 0-2 yes Poor broad flats Ly Lynchburg fine Depressions & low, 0-2 yes Somewhat Poor sandy loam smooth ridges NoA Norfolk sandy Upland broad flats 0-2 no Well loam Ra Rains fine sandy Depressions & low, 0-2 yes Poor loam smooth ridges III. Site Reconnaissance Jurisdictional Waters of the US — There are six (6) jurisdictional (JD) areas on the subject tract subject to the Clean Water Act. They are depicted on the attached Jurisdictional Wetland Survey. Confirmation of these jurisdictional areas occurred at the April 8, 2015 site meeting. KE is currently coordinating with Mr. Kyle Barnes of the Washington regional COE office to finalize this survey. IV. Clean Water Action Sections 404 & 401 Section 404 of the Clean Water Act regulates the discharge of dredge and fill materials into waters of the United States (lakes, rivers, ponds, streams, etc.), including wetlands. Activities that could be regulated under Section 404 include the placement of fill for construction of roadways; residential, commercial or industrial structures; and the construction of water retention ponds along tributaries. The EPA and the USACE jointly administer the Section 404 program. Section 401 of the Clean Water Act grants each state the authority to approve, condition, or deny Federal permits that could result in a discharge to State waters. Streams, ponds and wetlands are regulated by the COE and DWR. Permits are required prior to impacting wetlands, open waters, including ponds, lakes, and perennial or intermittent streams. Mitigation and stormwater management plans will be a condition of permits issued for the site. Kelford Solar Kelford, NC Wetland & Stream Jurisdictional Assessment April 24, 2015 Page 3 of 3 V. Section 404 Stream & Wetland Impacts Impacts to wetland areas 2, 3 and 6 were conducted without prior approval from the COE and DWR. KE is currently coordinating the violation remediation plan with Sunenergy1, DWR, and involved parties. If we can be of assistance, please do not hesitate to contact us. Thank you once again for the opportunity to assist you on this important project. Sincerely, Keller Environmental LLC Jay Keller Principal (919) 749-8259 0ay(a)kellerenvironmental.com Attachments: • Early -Lewis Tracts Jurisdictional Wetland Survey • Wetland Data Forms (4) • USGS Topographic Survey • Soil Survey Map • Kelford Solar Jurisdictional Form • Historic Aerials t 4 [ Ll f �cn y _. _ •, ti i WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/Site. Kelford Solar Applicant/Owner: Sunenerc Investigator(s): JK 1 c/o David Harris City/County. Kelford; Bertie Sampling Date: 4-6-15 State: NC _ Sampling Point: 46 Section, Township, Range: Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): concave Slope (%): 2 Subregion (LRR or MLRA) P Lat: Long: Datum: Soil Map Unit Name: Goa NWI classification: Are climatic / hydrologic conditions on the site typical for this time of yea0 Yes = No = (If no, explain in Remarks.) Are Vegetation Soil or Hydrology= significantly d istu rbed=kre "Normal Circumstances° present? Yes ✓= No Are Vegetation Soil or Hydrology naturally pro blematic? = (I f needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes= No = Is the Sampled Area Hydric Soil Present? Yes= No =✓ Within a Wetland? Yes Q No =✓ Wetland Hydrology Present? Yes = No =✓ Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two reouirec Primary Indicators minimum of one is requiredcheck all that apply) = Surface Soil Cracks (86) =Surface Water (Al) =Aquatic Fauna (B13) =Sparsely Vegetated Concave Surface (138) =High Water Table (A2) =Marl Deposits (B15) (LRR U) =Drainage Patterns (B1 D) =Saturation (A3) =Hydrogen Sulfide Odor (C1) =Moss Trim Lines (1316) =Water Marks (81) =Oxidized Rhizospheres along Living Roots (C3) =Dry -Season Water Table (C2) =Sediment Deposits (132) =Presence of Reduced Iron (C4) =Crayfish Burrows (C8) = drift Deposits (133) = Recent Iran Reduction in Tilled Sails (C6) =Saturation Visible on Aerial Imagery (C9) =Algal Mat or Crust (B4) = Thin Muck Surface (C7) =Geomorphic Position (D2) = Iron Deposits (85) =Other (Explain in Remarks) =Shallow Aquitard (D3) = Inundation Visible on Aerial Imagery (87) =FAC-Neutral Test (D5) Water -Stained Leaves (Bg) r--ISphagnum moss (138) (LRR T, U) Field Observations: Surface Water Present? Yes = No= Depth (inches): Water Table Present? Yes = No= Depth (inches): >20 Saturation Present? Yes = No 0 Depth (inches): 16 Wetland Hydrology Present? Yes = No = includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: rks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 VEGETATION (Five Strata) — Use scientific names of plants. Sampling Point: Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: ) % Cover Species? Status Number of Dominant Species 1.Acer rubrum FAC That Are OBL, FACW, or FAC: 2 (A) 2. Pinus taeda Y FAC opaca FAC- Total Number of Dominant 2 3.Ilex Species Across All Strata: (B) 4 Liquidambar styracifulua Y Percent of Dominant Species 100 5. That Are OBL, FACW, or FAC: (A/B) 6. Prevalence Index worksheet: = Total Cover 50% of total cover: 20% of total cover: Total % Cover of: Multiply by: OBL species x 1 = Sapling Stratum (Plot size: ) 1 FACW species x 2 = 2 FAC species x 3 = FACU species x 4 = 3 4 UPL species x 5 = 5. Column Totals: (A) (B) 6. Prevalence Index = B/A = = Total Cover Hydrophytic Vegetation Indicators: 50% of total cover: 20% of total cover: ❑ 1 - Rapid Test for Hydrophytic Vegetation Shrub Stratum (Plot size: ) - Dominance Test is >50% 1 e2 3 - Prevalence Index is :53.0' 2. ❑ Problematic Hydrophytic Vegetation' (Explain) 3. 4. 'Indicators of hydric soil and wetland hydrology must 5. be present, unless disturbed or problematic. 6. Definitions of Five Vegetation Strata: = Total Cover Tree — Woody plants, excluding woody vines, 50% of total cover: 20% of total cover: approximately 20 ft (6 m) or more in height and 3 in. Herb Stratum (Plot size: ) (7.6 cm) or larger in diameter at breast height (DBH). 1 Sapling — Woody plants, excluding woody vines, 2 approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. 3. 4. Shrub — Woody plants, excluding woody vines, 5 approximately 3 to 20 ft (1 to 6 m) in height. 6. Herb —All herbaceous (non -woody) plants, including 7 herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately 8. 3 ft (1 m) in height. 9. Woody vine —All woody vines, regardless of height. 10. 11. = Total Cover 50% of total cover: 20% of total cover: Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5. Hydrophytic = Total Cover Vegetation 50% of total cover: 20% of total cover: Present? YesF No Remarks: (If observed, list morphological adaptations below) US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Loc Texture Remarks 0-5 10YR 4/2 100 C M SL 5-20+ 2.5Y 7/4 70 2.5Y 6/4 30 C M SCL 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: 0 Histosol (Al) Polyvalue Below Surface (S8) (LRR S, T, U) ❑ 1 cm Muck (A9) (LRR O) Histic Epipedon (A2) Thin Dark Surface (S9) (LRR S, T, U) 2 cm Muck (A10) (LRR S) Black Histic (A3) Loamy Mucky Mineral (F1) (LRR O) Reduced Vertic (F18) (outside MLRA 150A,B) RHydrogen Sulfide (A4) HLoamy Gleyed Matrix (F2) Piedmont Floodplain Soils (F19) (LRR P, S, T) Stratified Layers (A5) Depleted Matrix (F3) ❑Anomalous Bright Loamy Soils (F20) ❑Organic Bodies (A6) (LRR P, T, U) HRedox Dark Surface (F6) (MLRA 153B) 5 cm Mucky Mineral (A7) (LRR P, T, U) n Depleted Dark Surface (F7) Red Parent Material (TF2) Muck Presence (A8) (LRR U) Redox Depressions (F8) _❑Very Shallow Dark Surface (TF12) 1 cm Muck (A9) (LRR P, T) Marl (F10) (LRR U) ❑Other (Explain in Remarks) Depleted Below Dark Surface (A11) Depleted Ochric (F11) (MLRA 151) Thick Dark Surface (Al2) Iron -Manganese Masses (F12) (LRR O, P, T) 31ndicators of hydrophytic vegetation and Coast Prairie Redox (A16) (MLRA 150A) Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, Sandy Mucky Mineral (S1) (LRR O, S) Delta Ochric (F17) (MLRA 151) unless disturbed or problematic. Sandy Gleyed Matrix (S4) Reduced Vertic (F18) (MLRA 150A, 15013) Sandy Redox (S5) Piedmont Floodplain Soils (F19) (MLRA 149A) ❑ Stripped Matrix (S6) Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) ❑Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (inches): Remarks: Hydric Soil Present? Yes❑ NoWl US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/Site. Kelford Solar Applicant owner: Sunenerc Investigator(s): JK 1 c/o David Harris City/County. Kelford; Bertie Sampling Date: 4-6-15 State: NC _ Sampling Point: 46 Section, Township, Range: Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): concave Slope (%): 2 Subregion (LRR or MLRA) P Lat: Long: Datum: Soil Map Unit Name: Ra NWI classification: Are climatic / hydrologic conditions on the site typical for this time of yea0 Yes = No = (If no, explain in Remarks.) Are Vegetation Soil or Hydrology= significantly d istu rbed=kre "Normal Circumstances° present? Yes ✓= No Are Vegetation Soil or Hydrology naturally pro blematic? = (I f needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes= No = Is the Sampled Area Hydric Soil Present? Yes= No = Within a Wetland? Yes Q No = Wetland Hydrology Present? Yes =✓ No = Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two reouirec Primary Indicators minimum of one is requiredcheck all that apply) = Surface Soil Cracks (86) =Surface Water (Al) =Aquatic Fauna (B13) =Sparsely Vegetated Concave Surface (138) =High Water Table (A2) =Marl Deposits (B15) (LRR U) = Drainage Patterns (B1 D) =✓ Saturation (A3) =Hydrogen Sulfide Odor (C1) =Moss Trim Lines (1316) =Water Marks (81) =Oxidized Rhizospheres along Living Roots (C3) =Dry -Season Water Table (C2) =Sediment Deposits (132) =Presence of Reduced Iron (C4) =Crayfish Burrows (C8) = drift Deposits (133) = Recent Iran Reduction in Tilled Sails (C6) =Saturation Visible on Aerial Imagery (C9) =Algal Mat or Crust (B4) = Thin Muck Surface (C7) =Geomorphic Position (D2) = Iron Deposits (85) =Other (Explain in Remarks) =Shallow Aquitard (D3) = Inundation Visible on Aerial Imagery (87) =FAC-Neutral Test (D5) Water -Stained Leaves (Bg) r--ISphagnum moss (138) (LRR T, U) Field Observations: Surface Water Present? Yes = No= Depth (inches): Water Table Present? Yes = No = Depth (inches): 10 Saturation Present? Yes 0 No = Depth (inches): 5 Wetland Hydrology Present? Yes 0 No = includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: rks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 VEGETATION (Five Strata) — Use scientific names of plants. Sampling Point: Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: ) % Cover Species? Status Number of Dominant Species 1.Acer rubrum Y FAC That Are OBL, FACW, or FAC: 2 (A) 2. Pinus taeda Y FAC Total Number of Dominant 2 3. Species Across All Strata: (B) 4. Percent of Dominant Species 100 5. That Are OBL, FACW, or FAC: (A/B) 6. Prevalence Index worksheet: = Total Cover 50% of total cover: 20% of total cover: Total % Cover of: Multiply by: OBL species x 1 = Sapling Stratum (Plot size: ) 1 FACW species x 2 = 2 FAC species x 3 = FACU species x 4 = 3 4 UPL species x 5 = 5. Column Totals: (A) (B) 6. Prevalence Index = B/A = = Total Cover Hydrophytic Vegetation Indicators: 50% of total cover: 20% of total cover: ❑ 1 - Rapid Test for Hydrophytic Vegetation Shrub Stratum (Plot size: ) - Dominance Test is >50% 1 e2 3 - Prevalence Index is :53.0' 2. ❑ Problematic Hydrophytic Vegetation' (Explain) 3. 4. 'Indicators of hydric soil and wetland hydrology must 5. be present, unless disturbed or problematic. 6. Definitions of Five Vegetation Strata: = Total Cover Tree — Woody plants, excluding woody vines, 50% of total cover: 20% of total cover: approximately 20 ft (6 m) or more in height and 3 in. Herb Stratum (Plot size: ) (7.6 cm) or larger in diameter at breast height (DBH). 1 Sapling — Woody plants, excluding woody vines, 2 approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. 3. 4. Shrub — Woody plants, excluding woody vines, 5 approximately 3 to 20 ft (1 to 6 m) in height. 6. Herb —All herbaceous (non -woody) plants, including 7 herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately 8. 3 ft (1 m) in height. 9. Woody vine —All woody vines, regardless of height. 10. 11. = Total Cover 50% of total cover: 20% of total cover: Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5. Hydrophytic = Total Cover Vegetation 50% of total cover: 20% of total cover: Present? YesF No Remarks: (If observed, list morphological adaptations below) US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 SOIL Sampling Point: on: ne or confirm the absence Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Tvoe Loc Texture Remarks 0-5 10YR 4/1 90 5YR 5/4 10 C M SCL 5-20+ 10YR 5/1 90 5YR 5/5 10 C M SCL 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Histosol (Al) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) Organic Bodies (A6) (LRR P, T, U) 5 cm Mucky Mineral (A7) (LRR P, T, U) Muck Presence (A8) (LRR U) 1 cm Muck (A9) (LRR P, T) Depleted Below Dark Surface (A11) Thick Dark Surface (Al2) Coast Prairie Redox (A16) (MLRA 150A) Sandy Mucky Mineral (S1) (LRR O, S) Sandy Gleyed Matrix (S4) Sandy Redox (S5) Stripped Matrix (S6) Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (inches): Remarks: Location: PL=Pore Lining, M=Matrix. Indicators for Problematic Hydric Soils3: Polyvalue Below Surface (S8) (LRR S, T, U) ❑ 1 cm Muck (A9) (LRR O) Thin Dark Surface (S9) (LRR S, T, U) 2 cm Muck (A10) (LRR S) Loamy Mucky Mineral (F1) (LRR O) (Loamy Gleyed Matrix Reduced Vertic (F18) (outside MLRA 150A,B) Piedmont Floodplain Soils P, S, T) (F2) Depleted Matrix (F3) ❑Anomalous (F19) (LRR Bright Loamy Soils (F20) Redox Dark Surface (F6) (MLRA 15313) Depleted Dark Surface (F7) Red Parent Material (TF2) Redox Depressions (F8) _ Very Shallow Dark Surface (TF12) Marl (F10) (LRR U) ❑Other (Explain in Remarks) Depleted Ochric (F11) (MLRA 151) Iron -Manganese Masses (F12) (LRR O, P, T) 31ndicators of hydrophytic vegetation and Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, Delta Ochric (F17) (MLRA 151) unless disturbed or problematic. Reduced Vertic (F18) (MLRA 150A, 15013) Piedmont Floodplain Soils (F19) (MLRA 149A) Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) Hydric Soil Present? YesF71 No= US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/Site. Kelford Solar Applicant/Owner: Sunenerc Investigator(s): JK 1 c/o David Harris City/County. Kelford; Bertie Sampling Date: 4-6-15 State: NC _ Sampling Point: 118 Section, Township, Range: Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): concave Slope (%): 2 Subregion (LRR or MLRA) P Lat: Long: Datum: Soil Map Unit Name: Goa NWI classification: Are climatic / hydrologic conditions on the site typical for this time of yea0 Yes = No = (If no, explain in Remarks.) Are Vegetation Soil or Hydrology= significantly d istu rbed=kre "Normal Circumstances° present? Yes ✓= No Are Vegetation Soil or Hydrology naturally pro blematic? = (I f needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes= No ✓= Is the Sampled Area Hydric Soil Present? Yes= No =✓ Within a Wetland? Yes Q No =✓ Wetland Hydrology Present? Yes = No =✓ Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two reouirec Primary Indicators minimum of one is requiredcheck all that apply) = Surface Soil Cracks (86) =Surface Water (Al) =Aquatic Fauna (B13) =Sparsely Vegetated Concave Surface (138) =High Water Table (A2) =Marl Deposits (B15) (LRR U) =Drainage Patterns (B1 D) =Saturation (A3) =Hydrogen Sulfide Odor (C1) =Moss Trim Lines (1316) =Water Marks (81) =Oxidized Rhizospheres along Living Roots (C3) =Dry -Season Water Table (C2) =Sediment Deposits (132) =Presence of Reduced Iron (C4) =Crayfish Burrows (C8) = drift Deposits (133) = Recent Iran Reduction in Tilled Sails (C6) =Saturation Visible on Aerial Imagery (C9) =Algal Mat or Crust (B4) = Thin Muck Surface (C7) =Geomorphic Position (D2) = Iron Deposits (85) =Other (Explain in Remarks) =Shallow Aquitard (D3) = Inundation Visible on Aerial Imagery (87) =FAC-Neutral Test (D5) Water -Stained Leaves (Bg) r--ISphagnum moss (138) (LRR T, U) Field Observations: Surface Water Present? Yes = No= Depth (inches): Water Table Present? Yes = No= Depth (inches): >20 Saturation Present? Yes = No 0 Depth (inches): >20 Wetland Hydrology Present? Yes = No = includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: rks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 VEGETATION (Five Strata) — Use scientific names of plants. Sampling Point: Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: ) % Cover Species? Status Number of Dominant Species 1.Acer rubrum FAC That Are OBL, FACW, or FAC: 1 (A) 2. Pinus taeda Y FAC opaca FAC- Total Number of Dominant 2 3.Ilex Species Across All Strata: (B) 4 Liquidambar styracifulua FAC Percent of Dominant Species 50 5. That Are OBL, FACW, or FAC: (A/B) 6. Prevalence Index worksheet: = Total Cover 50% of total cover: 20% of total cover: Total % Cover of: Multiply by: OBL species 0 x 1 = 0 Sapling Stratum (Plot size: ) 0 0 1. CarYa illinoinensis Y FACU FACW species x 2 = FAC species 4 x 3 = 12 2 FACU species 1 x 4= 4 3 UPL species 0 x 5= 0 4 Column Totals: 5 (A) 16 (B) 5 6. Prevalence Index = B/A = 3.2 = Total Cover Hydrophytic Vegetation Indicators: 50% of total cover: 20% of total cover: ❑ 1 - Rapid Test for Hydrophytic Vegetation Shrub Stratum (Plot size: ) - Dominance Test is >50% 1. e2 3 - Prevalence Index is :53.0' 2. ❑ Problematic Hydrophytic Vegetation' (Explain) 3. 4. 'Indicators of hydric soil and wetland hydrology must 5. be present, unless disturbed or problematic. 6. Definitions of Five Vegetation Strata: = Total Cover Tree — Woody plants, excluding woody vines, 50% of total cover: 20% of total cover: approximately 20 ft (6 m) or more in height and 3 in. Herb Stratum (Plot size: ) (7.6 cm) or larger in diameter at breast height (DBH). 1 Sapling — Woody plants, excluding woody vines, 2 approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. 3. 4. Shrub — Woody plants, excluding woody vines, 5 approximately 3 to 20 ft (1 to 6 m) in height. 6. Herb —All herbaceous (non -woody) plants, including 7 herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately 8. 3 ft (1 m) in height. 9. Woody vine —All woody vines, regardless of height. 10. 11. = Total Cover 50% of total cover: 20% of total cover: Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5. Hydrophytic = Total Cover Vegetation 50% of total cover: 20% of total cover: Present? YesF No Remarks: (If observed, list morphological adaptations below) US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Loc Texture Remarks 0-5 10YR 4/2 100 C M SL 5-20+ 2.5Y 7/4 80 2.5Y 6/4 20 C M SL 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: 0 Histosol (Al) Polyvalue Below Surface (S8) (LRR S, T, U) ❑ 1 cm Muck (A9) (LRR O) Histic Epipedon (A2) Thin Dark Surface (S9) (LRR S, T, U) 2 cm Muck (A10) (LRR S) Black Histic (A3) Loamy Mucky Mineral (F1) (LRR O) Reduced Vertic (F18) (outside MLRA 150A,B) RHydrogen Sulfide (A4) HLoamy Gleyed Matrix (F2) Piedmont Floodplain Soils (F19) (LRR P, S, T) Stratified Layers (A5) Depleted Matrix (F3) ❑Anomalous Bright Loamy Soils (F20) ❑Organic Bodies (A6) (LRR P, T, U) HRedox Dark Surface (F6) (MLRA 153B) 5 cm Mucky Mineral (A7) (LRR P, T, U) n Depleted Dark Surface (F7) Red Parent Material (TF2) Muck Presence (A8) (LRR U) Redox Depressions (F8) _❑Very Shallow Dark Surface (TF12) 1 cm Muck (A9) (LRR P, T) Marl (F10) (LRR U) ❑Other (Explain in Remarks) Depleted Below Dark Surface (A11) Depleted Ochric (F11) (MLRA 151) Thick Dark Surface (Al2) Iron -Manganese Masses (F12) (LRR O, P, T) 31ndicators of hydrophytic vegetation and Coast Prairie Redox (A16) (MLRA 150A) Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, Sandy Mucky Mineral (S1) (LRR O, S) Delta Ochric (F17) (MLRA 151) unless disturbed or problematic. Sandy Gleyed Matrix (S4) Reduced Vertic (F18) (MLRA 150A, 15013) Sandy Redox (S5) Piedmont Floodplain Soils (F19) (MLRA 149A) ❑ Stripped Matrix (S6) Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) ❑Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (inches): Remarks: Hydric Soil Present? Yes❑ NoWl US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/Site. Kelford Solar Applicant owner: Sunenerc Investigator(s): JK 1 c/o David Harris City/County. Kelford; Bertie Sampling Date: 4-6-15 State: NC _ Sampling Point: 118 Section, Township, Range: Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): concave Slope (%): 2 Subregion (LRR or MLRA) P Lat: Long: Datum: Soil Map Unit Name: Ra NWI classification: Are climatic / hydrologic conditions on the site typical for this time of yea 0- Yes = No = (If no, explain in Remarks.) Are Vegetation Soil or Hydrology= significantly d istu rbed=kre "Normal Circumstances° present? Yes ✓= No Are Vegetation Soil or Hydrology naturally pro blematic? = (I f needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes= No = Is the Sampled Area Hydric Soil Present? Yes= No = Within a Wetland? Yes Q No = Wetland Hydrology Present? Yes =✓ No = Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two reouirec Primary Indicators minimum of one is requiredcheck all that apply) = Surface Soil Cracks (86) _✓ Surface Water (Al) =Aquatic Fauna (B13) =Sparsely Vegetated Concave Surface (138) = High Water Table (A2) =Marl Deposits (B15) (LRR U) =Drainage Patterns (B1 D) =✓ Saturation (A3) =Hydrogen Sulfide Odor (C1) =Moss Trim Lines (1316) =Water Marks (81) =Oxidized Rhizospheres along Living Roots (C3) =Dry -Season Water Table (C2) =Sediment Deposits (132) =Presence of Reduced Iron (C4) =Crayfish Burrows (C8) = drift Deposits (133) = Recent Iran Reduction in Tilled Sails (C6) =Saturation Visible on Aerial Imagery (C9) =Algal Mat or Crust (B4) = Thin Muck Surface (C7) =Geomorphic Position (D2) = Iron Deposits (85) =Other (Explain in Remarks) =Shallow Aquitard (D3) Inundation Visible on Aerial Imagery (87) =FAC-Neutral Test (D5) Water -Stained Leaves (Bg) r--ISphagnum moss (138) (LRR T, U) Field Observations: Surface Water Present? Yes= No = Depth (inches): 2 Water Table Present? Yes= No = Depth (inches): 0 Saturation Present? Yes 0 No = Depth (inches): 0 Wetland Hydrology Present? Yes 0 No = includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: rks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 VEGETATION (Five Strata) - Use scientific names of plants. Sampling Point: Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: ) % Cover Species? Status Number of Dominant Species 1.Acer rubrum Y FAC That Are OBL, FACW, or FAC: 2 (A) 2. Pinus taeda FAC 3.Liquidambar styracifulua FAC Total Number of Dominant Species Across All Strata: 2 (B) 4. Percent of Dominant Species 100 5. That Are OBL, FACW, or FAC: (A/B) 6. Prevalence Index worksheet: = Total Cover 50% of total cover: 20% of total cover: Total % Cover of: Multiply by: 0 OBL species x 1 = 0 Sapling Stratum (Plot size: ) 2 4 1 FACW species x 2= 2 FAC species 3 x 3= 9 FACU species 0 x 4= 0 3 4 UPL species 0 x 5= 0 5 Column Totals: 5 (A) 13 (B) 6. Prevalence Index = B/A = 2.6 = Total Cover Hydrophytic Vegetation Indicators: 50% of total cover: 20% of total cover: ❑ 1 - Rapid Test for Hydrophytic Vegetation Shrub Stratum (Plot size: ) -Dominance Test is >50% 1.Arundinaria gigantea Y FACW pv(q2 3 -Prevalence Index is <_3.0' 2.Vaccinium corymbosum FACW ❑ Problematic Hydrophytic Vegetation' (Explain) 3. 4. 'Indicators of hydric soil and wetland hydrology must 5. be present, unless disturbed or problematic. 6. Definitions of Five Vegetation Strata: = Total Cover Tree - Woody plants, excluding woody vines, 50% of total cover: 20% of total cover: approximately 20 ft (6 m) or more in height and 3 in. Herb Stratum (Plot size: ) (7.6 cm) or larger in diameter at breast height (DBH). 1.CareX spp. Sapling - Woody plants, excluding woody vines, 2 approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. 3. 4. Shrub - Woody plants, excluding woody vines, 5 approximately 3 to 20 ft (1 to 6 m) in height. 6. Herb -All herbaceous (non -woody) plants, including 7 herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately 8. 3 ft (1 m) in height. 9. Woody vine -All woody vines, regardless of height. 10. 11. = Total Cover 50% of total cover: 20% of total cover: Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5. Hydrophytic = Total Cover Vegetation 50% of total cover: 20% of total cover: Present? YesF No Remarks: (If observed, list morphological adaptations below) US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -Version 2.0 SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Loc Texture Remarks 0-6 10YR 4/1 100 SL 5-20+ 10YR 5/1 90 10YR 6/4 10 C M SCL 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: 0 Histosol (Al) Polyvalue Below Surface (S8) (LRR S, T, U) ❑ 1 cm Muck (A9) (LRR O) Histic Epipedon (A2) Thin Dark Surface (S9) (LRR S, T, U) 2 cm Muck (A10) (LRR S) Black Histic (A3) Loamy Mucky Mineral (F1) (LRR O) Reduced Vertic (F18) (outside MLRA 150A,B) RHydrogen Sulfide (A4) HLoamy Gleyed Matrix (F2) Piedmont Floodplain Soils (F19) (LRR P, S, T) Stratified Layers (A5) Depleted Matrix (F3) ❑Anomalous Bright Loamy Soils (F20) ❑Organic Bodies (A6) (LRR P, T, U) �I v HRedox Dark Surface (F6) (MLRA 153B) 5 cm Mucky Mineral (A7) (LRR P, T, U) I Depleted Dark Surface (F7) Red Parent Material (TF2) Muck Presence (A8) (LRR U) Redox Depressions (F8) _❑Very Shallow Dark Surface (TF12) 1 cm Muck (A9) (LRR P, T) Marl (F10) (LRR U) ❑Other (Explain in Remarks) Depleted Below Dark Surface (A11) Depleted Ochric (F11) (MLRA 151) Thick Dark Surface (Al2) Iron -Manganese Masses (F12) (LRR O, P, T) 31ndicators of hydrophytic vegetation and Coast Prairie Redox (A16) (MLRA 150A) Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, Sandy Mucky Mineral (S1) (LRR O, S) Delta Ochric (F17) (MLRA 151) unless disturbed or problematic. Sandy Gleyed Matrix (S4) Reduced Vertic (F18) (MLRA 150A, 15013) Sandy Redox (S5) Piedmont Floodplain Soils (F19) (MLRA 149A) ❑ Stripped Matrix (S6) Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) ❑Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (inches): Remarks: Hydric Soil Present? Yesm No= US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 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 L• 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:North Carolina County/parish/borough: Bertie City: Kelford Center coordinates of site (lat/long in degree decimal format): Lat. 36.150095' 1, Long. - 77.212216' �. Universal Transverse Mercator: Name of nearest waterbody: Cashie River Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Roanoke River Name of watershed or Hydrologic Unit Code (HUC): 03010107 'Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. Check if other sites (e.g., offsite mitigation sites, disposal sites, etc... ) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): 'Office (Desk) Determination. Date: Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There � "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 maybe susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): r ❑ TNWs, including territorial seas ❑ Wetlands adjacent to TNWs ® Relatively permanent watersz (RPWs) that flow directly or indirectly into TNWs qNon-RPWs that flow directly or indirectly into TNWs ® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs `-1 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: 900 linear feet: 5 width (ft) and/or acres. Wetlands: —1 acres. c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual Elevation of established OHWM (if known): 2. Non -regulated waters/wetlands (check if applicable):3 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: 1 Boxes checked below shall be supported by completing the appropriate sections in Section III below. z 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). s Supporting documentation is presented in Section HIT. 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 I LA.1 and Section IILD.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections I LA.1 and 2 and Section IILDA.; otherwise, see Section I LB 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 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 waterbody4 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 II113.2 for any onsite wetlands, and Section HIB.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section HIC below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Drainage area: Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ❑ Tributary flows through Pick List tributaries before entering TNW. Project waters are Pick List river miles from TNW. Project waters are Pick List river miles from RPW. Project waters are Pick List aerial (straight) miles from TNW. Project waters are _Pick List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNW5: Tributary stream order, if known: 4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in 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: Linear channel appears to be modified and exhibits side - cast soil piles adjacent to channel . Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Pick List. Primary tributary substrate composition (check all that apply): ❑ Silts ❑ Sands ❑ Concrete ❑ Cobbles ❑ Gravel ❑ Muck ❑ Bedrock ❑ Vegetation. Type/% cover. ❑ Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: fair/good. Presence of run/riffle/pool complexes. Explain: intermittent complexes. Tributary geometry: Pick List Tributary gradient (approximate average slope): 1 % (c) Flow: Tributary provides for: Pick List Estimate average number of flow events in review area/year: - Describe flow regime: Other information on duration and volume: Surface flow is: - Characteristics: Subsurface flow: -. Explain findings: iron oxidation & ground water seepage. ❑ Dye (or other) test performed: Tributary has (check all that apply): ❑ Bed and banks ❑ OHWM6 (check all indicators that apply): ❑ clear, natural line impressed on the bank ❑ the presence of litter and debris ❑ changes in the character of soil ❑ destruction of terrestrial vegetation ❑ shelving ❑ the presence of wrack line ❑ vegetation matted down, bent, or absent ❑ sediment sorting ❑ leaf litter disturbed or washed away ❑ scour ❑ sediment deposition ❑ multiple observed or predicted flow events ❑ water staining ❑ abrupt change in plant community ❑ other (list): ❑ Discontinuous OHWM.' Explain: If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): High Tide Line indicated by: F1 Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine shell or debris deposits (foreshore) ❑ physical markings; ❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: water color is clear. 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 waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ❑ Riparian corridor. Characteristics (type, average width): ❑ Wetland fringe. Characteristics: headwater wetland. ❑ 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. Explam:Very good. Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Pick List. Explain: Surface flow is: Pick List Characteristics: Subsurface flow: -. Explain findings: ❑ Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: Linear channel connects wetland directly to Conaby Creek. ❑ Ecological connection. Explain: ❑ Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Pick List river miles from TNW. Project waters are ck List aerial (straight) miles from TNW. Flow is from: Pick List. 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: water color is clear. 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: wetland marsh with facultative trees on perimeter. ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain fmdings:very good diversity according to identified species and observed indicators. 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pick List Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • 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 fmdings 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 fmdings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IILD: Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain fmdings 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: Headwater Wetland connects directly to RPW via. 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. RPWs that flow directly or indirectly into TNWs. Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial:?????????????????????????????????????????????????????. Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section IILB. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): 'Tributary waters: 900 linear feet 5 width (ft). Other non -wetland waters: acres. Identify type(s) of waters: 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 jurisdictional. Data supporting this conclusion is provided at Section IILC. Provide estimates for jurisdictional waters within the review area (check all that apply): 'Tributary waters: linear feet width (ft). 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:????????????????????????????????????????. Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.13 and rationale in Section IILD.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: 1.0 acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section IILC. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section IILC. Provide estimates for jurisdictional wetlands in the review area: acres. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. Demonstrate that impoundment was created from "waters of the U.S.," or Demonstrate that water meets the criteria for one of the categories presented above (1-6), or Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):ro 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. ' To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. "'Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. Provide 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 criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). 'Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: Other. (explain, if not covered above): Provide acreage estimates for non -jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): Non -wetland waters (i.e., rivers, streams): linear feet width (ft). Lakes/ponds: acres. Other non -wetland waters: acres. List type of aquatic resource: Wetlands: acres. Provide acreage estimates for non -jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a fmding is required for jurisdiction (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: Q Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply -checked items 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. shall be included in case file and, where checked ® U.S. Geological Survey map(s). Cite scale & quad name: 1: 12,000; Kelford. ® USDA Natural Resources Conservation Service Soil Survey. Citation:Bertie County. ❑ National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date):Bertie County GIS. or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter - El Applicable/supporting case law: ❑ Applicable/supporting scientific literature: ❑ Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: III U U) J E 4+ 'q� -*% IF Q i*V4" , 4 J, U ■ M 4 u M 406 3 Ff 00 ■ 0) A— —r I I ..in r ---I L -A im 1. . i 7 rn cu Go cu CD ko f, M Ch -, m cu rD {6 14 Q] _D D 93 p} . Y { � q m cn -y. If � /� �_ � • 4F IkV ::740 4 t A- 2002 Page 1 of 1 2002 http://www.co.bertie.nc.us/aspnet client/ESRI/WebADF/PrintTaskLayoutTemplates/defau... 2/16/2015 r � � rn 05 cu Go Go Q� ri U Q o • `m o 0 n 4c 0 05 —fu 15 nl m 0 C5 CP 9) Ca • ko N U Ga r—D E- ca U. - so 2009 Page 1 of 1 2009 http://www.co.bertie.nc.us/aspnet client/ESRI/WebADF/PrintTaskLayoutTemplates/defau... 2/16/2015 2010 Page 1 of 1 2010 http://www.co.bertie.nc.us/aspnet client/ESRI/WebADF/PrintTaskLayoutTemplates/defau... 2/16/2015 or C05 05 0) rq t 904 w` L r 4 v f y 4 s rl � Q N M [Y7 N 2012 Page 1 of 1 2012 MR ig :a ubiect P WIM s ubiect Proge http://www.co.bertie.nc.us/aspnet client/ESRUWebADF/PrintTask ayoutTemplates/defau... 2/16/2015 46. 11 Or AIL CD Q [S M M O N 40 G} ro 3 z --------------------- C/� w Z' zzzzzzzzzzzzzzzzzzzz�zz��zzzzzzz�zz�zz�����������zzzzz zzzz����� ��'� �I I I V � H � n ROBERT CREECY� _ — — w r� s — v — �J ; ose iaesio' s9 z Con .2F �.2� N I e ch I I N ✓" 44 44 44 WOODS ED. --- _----rF a � z^ Y — o IN P so 0 c � � c r o[ _ vE — Pa - I aM - a _ w �Z acF _ � 3 0 1 Irlo w6- �- Z Q3. ooOQN s° �+ NogH 0 E H �,y nn van riaaaem o+ w o 0 41 ; am N Ww .E �� w m m I I ➢ Q 1 LL W F' G1 Q o M-ss H q J� 1 ==yyII II rc o i i o w HiaoN w — '�'" ~ W W Z v�Hrc aao rcoz Uv�v�oa _ry awww _wwuiwwc�w c��d�iizawooac�z d3 �-"wwo"""