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HomeMy WebLinkAbout20151141 Ver 1_Baseline Monitoring Report_20150427 PRESERVATION PROJECT AND BASELINE DOCUMENTATION REPORT Wildcat Branch Lee County, North Carolina IMS # 92508 Cape Fear 03030004 Prepared for: NCDENR Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699-1652 Prepared by: Heather Smith: EEP Project Manager 217 West Jones St., Raleigh, NC 27603 August 20, 2013 EXECUTIVE SUMMARY The Site is located approximately 3 miles south of the Town of Lemon Springs within the Cape Fear River Basin on Wildcat Branch in Lee County, North Carolina. The site is in preservation as a steam and riparian wetland complex. The site was under the threat of logging as seen on other portions of the property that were not placed under a conservation easement. “This preservation report has been written in conformance with the requirements of the following: Federal rule for compensatory mitigation project sites as described in the Federal Register Title 33 Navigation and Navigable Waters Volume 3 Chapter 2 Section § 332.8 paragraphs (c)(2) through (c)(14) and 332.3(h); and NCDENR Ecosystem Enhancement Program In-Lieu Fee Instrument signed and dated July 28, 2010.” Site Description Project Name and EEP Project Number 92508 County Lee General Location Lemon Springs, NC Basin Cape Fear Physiographic Region Inner Coastal Plain USGS Hydro Unit 03030004070020 NCDWQ Sub-basin 03-06-14 Watershed Planning Information LWP-Cranes Creek Preservation Mechanism Conservation Easement Conservation Values Buffer for water quality, Protection from development Option Recordation Date 8/29/2006 Deed Recordation Date 11/16/2007 Mitigation Assets Warm Stream Riparian Wetland Non-riparian Wetland Linear feet or acres 5,222 lf 23.88 acres N/A Restoration Equivalent Credits 522.2 2.38 N/A Totals 522.2 2.38 TABLE OF CONTENTS 1. Preservation Project Goals and Objectives 2. Site Description 2.1. General Description 2.2. Directions 3. Site Selection 3.1. Conservation Values 3.2. Threats of Adverse Modification 4. Baseline Information 4.1. Physical Features 4.2. Plant and Wildlife Communities 4.3. Jurisdictional Wetlands and Streams 4.3.1. Watershed Summary 4.3.2. Reach Summary 4.3.3. Wetland Summary 5. Site Protection Instrument 5.1. Site Protection Instrument Summary 5.2. Recordation Date 6. Determination of Credits 7. Monitoring Requirements 8. Long-term Management Plan 9. Financial Assurances 10. Other Information 10.1. References 10.2. Site Protection Instrument Figure 10.3. Vicinity map 10.4. Watershed map 10.5. Site Map 10.6. Site Photographs (establish photo points) 10.7. Appendix A. Site Protection Instruments 10.8. Appendix B. Baseline Documentation Report 10.9. Appendix C. Stream and Wetland Forms PRESERVATION PROJECT GOALS AND OBJECTIVES The Wildcat Branch Project is located in the Cranes Creek Local Watershed planning area. The Project Site watershed includes Hydrologic Unit Code (HUC) 03030004070020 which was identified as a Targeted Local Watershed (TLW) in EEP’s 2001 & 2009 River Basin Restoration Priority (RBRP) Plans. EEP developed a local watershed plan (LWP) for the 101 sq. mi drainage area that included land use analysis, water quality monitoring and stakeholder input to identify problems with water quality, habitat and hydrology. The Cranes Creek LWP watershed is characterized as primarily forested/agricultural and has a history of habitat degradation due to non-point source pollution. EEP completed the Cranes Creek LWP in June 2005. The Cranes Creek LWP identified elevated sediment and nutrients as major stressors within this watershed. The watershed restoration goals found within the LWP that this project addresses includes: prevention of inputs of sediment and nutrients to the watershed by preserving the area from development and clearing. SITE DESCRIPTION General Description The site is owned by Roy and Dorothy Godfrey, PIN 9547-33-5577-00, Deed Book 01112 and Page 0505. The site is currently used for dog training and is home to approximately 10 coyotes used for training the dogs. The land upstream of the property is currently forested with a few homes. The downstream property is forested and continues into a SNHA approximately 800 ft downstream. The portions of the property outside of the conservation easement have been timbered in the past 3 years. These portions are to be planted in long leaf pine. There is one powerline along the edge of the conservation easement and is being maintained by the powerline. The powerline easement was not included in the plat. The latitude/longitude in decimal degrees is -79.18946 N and 35.32577 E. Directions Take US 1 South from Raleigh through Sanford and turn left onto Pine Forest Rd, then left onto Nicholson Rd, right onto Blacks Chapel Rd, right onto Sheriff Watson Rd and the site will be on the right past Blackjack Rd. SITE SELECTION Conservation Values The site is a 40 acre complex of wetland Headwater Forest (NCWAM)/Piedmont Alluvial Forest and upland Mesic-Mixed Hardwood Forest (Schafale and Weakley). The site encompasses almost all of the headwaters for Wildcat Branch. The 2009 RBRP lists preservation as one of the goals for the CU. Additionally, one of the LWP goals is to preserve the two areas of SNHA in the Cranes Creek Watershed. This project is approximately 800ft upstream of one of the two SHNAs and will help to create a larger corridor if this area can be preserved. Threats of Adverse Modification The entire property is enclosed in a fence to prevent the owner’s coyotes from escaping. The site has several access roads throughout but these are located outside of the conservation easement. The conservation easement has been forested since 1993 but areas outside of the conservation easement have been timbered. The conservation easement protects the remaining timber and prevents the addition to sediment as a result of timbering activities. BASELINE INFORMATION Plant and Wildlife Communities The site is a complex of uplands and wetlands. The characteristic species within the tree and sapling layers of the wetland include red maple (Acer rubrum), sweetgum (Liquidambar styraciflua), sweetbay (Magnolia virginana), water oak (Quecus nigra), tulip poplar (Liriodendron tulipifera) and overcup oak (Quercus lyrata). The understory of the wetland contained giant cane (Arundinaria gigantean), greenbrier (Smilax sp.) poison ivy (Toxicodendron radicans) and sweet pepper bush (Clethra alnifolia). The uplands contained several tree species, dogwood (Cornus florida), ironwood (Carpinus carliniana), American holly (Ilex opaca), loblolly pine (Pinus taeda), longleaf pine (Pinus palustris), blackjack oak (Quercus marilandica), turkey oak (Quercus laevis), sourwood (Oxydendrum arboretum), black cherry (Prunus serotina) and persimmon (Diospyros virginana). A portion of the Site’s southwestern corner is colonized by kudzu (Pueraria Montana var. lobata) which is encroaching upon the jurisdictional wetland community. During field studies, wildlife observed either directly or indirectly during field investigations includes the following: eastern cottontail (Sylvilagus floridanus), gray squirrel (Sciurus carolinensis), gray fox ( Urocyon cinereoargenteus), red fox (Vulpes vulpes), coyote (Canis latrans), white tailed deer (Odocoileus virginianus), bull frog (Rama catesbeiana), southern toad (Bufo terrestris), Carolina anole (Anolis carolinensis), five-lined skink (Eumeces fasciatus), eastern box turtle (Terra penen Carolina), yellow-bellied slider (Chrysemys scripta), rough green snake (Oheodrys aestivus), eastern king snake (Lampropeltis getula), cottonmouth (Agkistrodon piscivorus), yellow-billed cuckoo (Coccyzus americanus), blue jay (Cyanocitta cristata), mourning dove (Zenaida macroura) and northern cardinal (Cardinalis cardinalis). Jurisdictional Wetlands and Streams There are approximately 5,222 linear feet of intermittent/perennial streams within the conservation easement. The drainage area at the downstream end of the project is approximately 225 acres. There are four tributaries that form Wildcat Branch at the downstream portion of the project. The streams were verified by USACE representative, Monte Matthews on 8/9/2007. There are approximately 23.88 acres of riparian wetlands within the project. The wetlands are classified in NCWAM as a headwater forest. The wetlands were verified by USACE representative, Monte Matthews on 8/9/2007. SITE PROTECTION INSTRUMENT The land required for stewardship of this mitigation project includes portions of the following parcels. A copy of the land protection instrument(s) is included in Appendix A. Landowner PIN County Site Protection Instrument Deed Book and Page Number Date Option Signed Date Deed Signed Acreage protected Parcel A Roy and Dorothy Godfrey 9547- 33- 5577- 00 Lee CE Book 01112 Page 0505 8/29/06 11/16/07 55 All site protection instruments require 60-day advance notification to the Corps and the State prior to any action to void, amend, or modify the document. No such action shall take place unless approved by the State. Encumbrances There is a small feeder powerline along edges of the conservation easement. The powerline easement is not labeled on the plat but is being maintained along the edge of the easement. DETERMINATION OF CREDITS Credit amounts are based on USACE approved wetland and stream delineations, all credits are released. The project service area will be in compliance with the EEP In-Lieu Fee Instrument. Jurisdictional Stream Characteristics Type Drainage Area (acres) USACE Form Score Length (linear Feet) Reach A Perennial 225 68 2792 Reach B Perennial 225 49 259 Reach C Perennial 225 66 1387 Reach D Perenn/Intermitt 225 40 784 Total 5222 Jurisdictional Wetland Characteristics Type (Riparian, non-Riparian, etc.) Description (Floodplain depression, seepage slope, etc.) Acreage Wetland 1 Riparian Floodplain/Headwater 23.88 Total 23.88 LONG-TERM MANAGEMENT PLAN Upon approval for close-out by the Interagency Review Team (IRT), the site will be transferred to the NCDENR Division of Natural Resource Planning and Conservation Stewardship. This party shall be responsible for periodic inspection of the site to ensure that restrictions required in the conservation easement or the deed restriction document(s) are upheld. The NCDENR is currently evaluating the endowment model. Until the evaluation is complete and any changes resulting from the model are implemented, the long-term management of this project will be funded through as annually. FINANCIAL ASSURANCES “Pursuant to Section IV H and Appendix III of the Ecosystem Enhancement Program's In-Lieu Fee Instrument dated July 28, 2010, the North Carolina Department of Environment and Natural Resources has provided the U.S. Army Corps of Engineers Wilmington District with a formal commitment to fund projects to satisfy mitigation requirements assumed by EEP. This commitment provides financial assurance for all mitigation projects implemented by the program.” REFERENCES Schafale, M.P. and Weakley, A. S. (1990), Classification of the Natural Communities of North Carolina, Third Approximation, NC Natural Heritage Program, Raleigh, NC NCWAM Manual, October 2010, North Carolina Division of Water Quality. http://portal.ncdenr.org/c/document_library/get_file?uuid=76f3c58b-dab8-4960-ba43- 45b7faf06f4c&groupId=38364 HARNETT Wildcat Branch Beaver Creek £¤1 Nicholso n R d NC-24&27 S h e r i f f W a t s o n R d US-1 County Line Rd Pilson Rd Black R d P e ele L n S e ll a r s R d Dove Rd B lacks Chap e l R d Sanders Rd Rocky Fork C hurch Rd Swanns Station Rd Pine Forrest Rd Edwards Rd NC-24 Clau d e W h i t e R d Pecan Ln John G o d f r e y R d C y p r e s s R d Shaw Pond Rd S R # 2 0 0 7 San d s R d L i n e R d Running B rook Ln D o u g l a s Farm Rd K ings w ood R d Needmore Rd H a rnett R d McDonald Rd B ass R d J o h n s o n C e m e t e ry Rd Wild Plum Ln O li v i a R d Jefferson Davis Hwy B a il e y T h o m a s R dCedar Lane Rd W alter W a d d ell L n Eds Ln Harman Dr Eastins Pl B e v e rly Hills Ln D o d g e L n R o g u e s L n J u nip er C re e k R d NC-24 &27 County Line Rd N C -2 4 &2 7 NC-24&27 LEE HARNETTMOORE Rev: 22July2013 Vicinity MapWildcat Branch SiteLee County04,000 8,0002,000 Feet WildcatBranch Site / BaD BaD Wn r , GhHl�x' B - iHH - :}•,_ i W GhB + GhD BaD %' p ., n GhB f+. Ghb fiB fi y Wn TaD 11 fJF1 BaB Wn JtihB l /. GhD � GhB GhD BaD 7 Ro ba"B Rev _Mu Nzo13 APPENDIX A SITE PROTECTION INSTRUMENT(S) �J IG2 CAM N f 51TEI ;' c ` / 1001 Ci� /2 VICINITY SKETCH NOT TO 5CAL.E NORTH CAROLINA ROBESON COUNTY 1, JOHNNY W. NOBLES, Professional Land Surveyor, certify that this map was drawn from an actual field survey performed under my direction and supervision, that the ratio of precision is 1:15,000+ that the boundaries not surveyed are shown as broken lines plotted from information shown in note, and that this map conforms to G.S. 47-30 as amended. Witness my hand an7sea this ,it,11111///I J W. Nobles LS. .`��� \A C 4RC,'�; L-1235 _ o SEAL o L 1235 Q ° 0 E • W. NORTH CAROLINA "P1111101 1 I ROBESON COUNTY I, Johnny w. Nobles,Jr., a NOTARY PUBLIC of the county and state aforesaid, certify that Johnny W. Nobles, a professional land surveyor personally appeared before me this day and acknowledged the execution of the forgoing instrument WITNESS my hand a 'C ial stamp or seal, this � -day of ,2W7. ``����Illrrrrr •% ARY PUBLIC Z�o ° �° g� My commission expires: ON CDL*41� , ��• - �1-�� /O . D•� p , i1� FILED THIS .30 DAY OF Cr `4 ' IN MAP BO(ZPAGE mk - COUNTY R GISTER OF DWD� STATE OF NORTH CAROLINA (/ COUNTY OF LEE 1, ef'O-SCA Review Officer of Lee County certify that the map or plat to which this certification 7i7,;ets alf statutory requirements for recordMg. 0 Z30. REVIEW OFFICER � This plat is of a survey of an existing parcel. 45n . No P.LS. f a 15°ti~ 78'5 -7,4 EY15TING IRON ROD / 6 S N20°` °3� I ' 1 3"W tAc6FC / 60.50' N O W / . W / / kD (\ Z \ W, \ C HUNTERS RIDG PHASE V SECTIOP Lo In LU F) cn Q U WOO D5 N27.4504'W 62.11 \� O E '1191"f z Do 7 �r `f 77 f 1/,� 7`S GRAPHIC SCALE / 0 W 10C 2W 400 11011 EX15TI N { IN FEET) / / IRON 1 inch = 100 ft. // // ROD /4O s'2MF /p, EXI5TI NG IRON ROD CONTROL CORNER / LOCATED 550° 5019"E 20GO.20 FROM THEI / INTERSECTION OF 5R I I G2 AND 5R 117gl DAVID MOMA5 Da 416 >�c; � I / HUNTER5 RIDGE / / FHA5E V SECTION I / F.0 8 SLIDE 55-D40 NOW OR FOfUTERLY" DOR15 J. O'QUINN / THOMA5 W. CYOL]INN AND RICKY C. OY?UINN 4Q HUNTERS RIDGE PHASE v SECTION III P.C. 8 SLIDE 76 EXISTING CONCRETE MONUMENT CONTROL CORNER EXISTING IRON ROD EXISTING IRON _ -- — --j RANDY LEE GODFREY/ ROD 501L ROAD AND / —FENCE ENCROACHMENT DEED BOOK 6 ! 7 PAGE 342 I 1 91 'S� = _ ° _ P.C. 8 SLIDE 87-8N6 1 252.5(7 N\ TWO STORY \\\ FRAME BUILDING J v 11 WOOD5 �, \ EXI5TI NG IRON (0,// fi ROD 1 / �(0 1� 0 11 / PETER ELDRIGE DB 1 O 1 G PG 613 WOOD5 ti �o � / O O EASEMENT AREA ONE 40 Q,-; � /;' 35.06 ACRE5 4- /0 JOSEPH TOPES DB 1 O 1 G PG GOO WOOD5 '' EXISTING ONE STORY' ; / NG5°I.SiOI'W / EC05Y5TEM ENHANCEMENT PROGRAM FRAME CABIN ,�' 23t^^'t', 1 EXISTING IRON BEING A REVISION OF PLAT 2007 5LI DE 214 ROD SPO FILE NUMBER 53-H 134.451 J �- _ _ 0 5 �' � GREENWOOD TWSP. LES COUNTY N.C. o \CID` ��� �` , , TITLE REF: DEED BOOK 4 G 7 PAGE 243 \\ N a SEE PLAT CABINET 9 PAGE 690 7•-1, - �- \ 4 520°05'29•E \' _ til rn \\ �/ EA5EMENT AREA / HUNTERS RIDGE PHASE V SECTION II 0 TOTAL ACREAGE -52.07 ACRES TOTAL COMBINED EASEMENT ACREAGE TRACTS ONE, TWO, AND THREE -40.3 ACRES -+- . / r, AREA BY COMPUTER N6,•� 1 ?4W / ALL 015TANCE5 SHOWN ARE HORIZONTAL GROUND D15TANCE5 �� ' `5.4 C /'i � NO NCG5 GRID MONUMENTS WITHIN 2000' OF 51TE�C ALL LINES NOT SURVEYED SHOWN AS DASHED LINES. 3� SUBJECT TO ANY/ALL EASEMENTS OF RECORD AS OF/BEFORE THE DATE OF THIS MAP LEGEND o POUND IRON ROD 5ET IRON ROD p 5ET CONCRETE MONUMENT ■ FOUND CONCF?F_TF MONUMENT `a.,POWER POLE - o -CHAIN LINK FENCE JOHNNY NOBLES * ASSOCIATES DRAWN BY: J5N POFESSIONAL LAND SURVEYORS SCALE: I « = 100.00' R 41 G NORTH CHE5NUT STREET DATE: 5/20/2007 LUMBERTON, N.C. 28359 JOB NUMBER 910-738-0875 N or THREE F. KEITH GODFREY WOOD5 `\ 2.20 ACRES± MB 735 PG 650 ' WOODS \\ °\`\ ,•2 �� '' /,// HUNTERS RIDGE \\ F H A5 E V a, \\ 656.49' s N 1 9°3a49•w �2? of / IRON Z.`\y3a'o<"' A 58.76' g9 ROD 0 TOTAL ACREAGE -52.07 ACRES TOTAL COMBINED EASEMENT ACREAGE TRACTS ONE, TWO, AND THREE -40.3 ACRES -+- . / r, AREA BY COMPUTER N6,•� 1 ?4W / ALL 015TANCE5 SHOWN ARE HORIZONTAL GROUND D15TANCE5 �� ' `5.4 C /'i � NO NCG5 GRID MONUMENTS WITHIN 2000' OF 51TE�C ALL LINES NOT SURVEYED SHOWN AS DASHED LINES. 3� SUBJECT TO ANY/ALL EASEMENTS OF RECORD AS OF/BEFORE THE DATE OF THIS MAP LEGEND o POUND IRON ROD 5ET IRON ROD p 5ET CONCRETE MONUMENT ■ FOUND CONCF?F_TF MONUMENT `a.,POWER POLE - o -CHAIN LINK FENCE JOHNNY NOBLES * ASSOCIATES DRAWN BY: J5N POFESSIONAL LAND SURVEYORS SCALE: I « = 100.00' R 41 G NORTH CHE5NUT STREET DATE: 5/20/2007 LUMBERTON, N.C. 28359 JOB NUMBER 910-738-0875 Lee Cotwtv 11-16-2007 NORTH CAROLINA Real Estate Excise Tax 1339.00 LEE COUNTY SPO File Number 053-N Prepared by: Office of the Attomey General Property Control Section %htmil 61411s Return to: 'I'S' 711:.:1 6 1:10 RHONDA ENNIS, ATTORNEY AT LAW 1 1102 Lillington�, N.C. 27546 FILED LEE COUNTY MOLLIE A. MCINNIS REGISTER OF DEE�]DS AT 01:22:45 PM BOOK 01112 START PAGE 0505 END PAGE 0512 IUSTRUMENT # 10744 THIS CONSERVATION EASEMENT DEED, p Z �rt to the provisions of N.C. J, i General Statutes Chapter 121, Article 4 and made this day of Vt1,-e2 b e, t� 2007, by Roy L. Godfrey and wife, Dorothy M. Godfrey, ("Grantor"), whose mailing address is P.O. Box 159, Olivia, NC 28368, to the State of North Carolina, ("Grantee"), whose mailing address is State of North Carolina, Department of Administration, State Property Office, 1321 Mail Service Center, Raleigh, NC 27699-1321. The designations Grantor and. Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. WITNESSETH: WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8 et aqq,. the State of North Carolina has established the Ecosystem Enhancement Program (formerly known as the Wetlands Restoration Program) within the Department of Environment and Natural Resources for the purposes of acquiring, maintaining, restoring, enhancing,creating and preserving wetland and riparian resources that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities-, and WHEREAS, The State of North Carolina is qualified to be the Grantee of a Conservation Easement pursuant to N.C. Gen. Stat. § 121-35; and WHEREAS, the Ecosystem Enhancement Program in the Department of Environment and Natural Resources has approved acceptance of this instrument; and WHEREAS, the Department of Environment and Natural Resources, the North Carolina Department of Transportation and the United States Army Corps of Engineers, Wilmington District entered into a Memorandum of Agreement, (MOA) duly executed by all parties in Greensboro, NC on July 22, 2003. This MOA recognizes that the Ecosystem Enhancement Program is to provide for compensatory mitigation by effective protection of the land, water and natural resources of the State by restoring, enhancing and preserving ecosystem functions; and WHEREAS, the acceptance of this instrument for and on behalf of the State of North Carolina was granted to the Department of Administration by resolution as approved by the Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina, on the 8"' day of February 2000; and WHEREAS, Grantor owns in fee simple certain real property situated, lying, and being in Greenwood Township, Lee County, North Carolina (the "Property"), and being more particularly described as that certain parcel of land containing approximately 52.08 acres and being conveyed to the Grantor by deed as recorded in Deed Book 735 at Page 644 of the Lee County Registry, North Carolina; and along with a deed of easemt rec#ed ' Book 1.070, Pagc2l3jand easement recorded in Book 1070, Page 215.-�, WHEREAS, Grantor is willing to giant a Conservation Easement over the herein described areas of the Property, thereby restricting and limiting the use of the included areas of the Property to the terms and conditions and purposes hereinafter set forth, and Grantee is willing to accept such Conservation Easement. This Conservation Easement shall be for the protection and benefit of the waters of Wildcat Branch. NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants and conveys unto Grantee, its successors and assigns, forever and in perpetuity, a Conservation Easement of the nature and character and to the extent hereinafter set forth, over a described area of the Property, referred to hereafter as the "Easement Area", for the benefit of the people of North Carolina, and being those three tracts of land as identified as Tracts One, Two, and Three, as shown on a plat of survey entitled "Ecosystem Enhancement Program, SPO File Number 53- N" dated October 30, 2007, certified by Johnny Nobles and Associates, and recorded in Map Book 2007, Page 224, Lee County Registry. Tracts One, Two, and Three contain a total of 40.3 acres. The purposes of this Conservation Easement are to maintain, restore, enhance, create and preserve wetland and/or riparian resources in the Easement Area that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; to maintain permanently the Easement Area in its natural condition, consistent with these purposes; and to prevent any use of the Easement Area that will significantly impair or interfere with these purposes. To achieve these purposes, the following conditions and restrictions are set forth: Pursuant to law, including the above referenced statutes, this Conservation Easement shall be perpetual and it shall run with, and be a continuing restriction upon the use of, the Property, and it shall be enforceable by the Grantee against the Grantor and against Grantor's heirs, successors and assigns, personal. representatives, agents, lessees, and licensees. 711FIMMr The Easement Area shall be restricted from any development or usage that would impair or interfere with the purposes of this Conservation Easement. Unless expressly reserved as a compatible use herein, any activity in, or use of, the Easement Area by the Grantor is prohibited as inconsistent with the purposes of this Conservation Easement. Any rights not expressly reserved hereunder by the Grantor have been acquired by the Grantee. Without limiting the generality of the foregoing, the following specific uses are prohibited, restricted, or reserved as indicated: A. Recreational Uses. Grantor expressly reserves the right to undeveloped recreational uses, including hiking, bird watching, hunting and fishing, running of hunting dogs, and access to the Easement Area for the purposes thereof. Usage of motorized vehicles in the Easement Area is prohibited, except as they are used exclusively for management, maintenance, or stewardship purposes, and on existing trails, paths or roads. B. Educational Uses. The Grantor reserves the right to engage in and permit others to engage in educational uses in the Easement Area not inconsistent with this Conservation Easement, and the right of access to the Easement Area for such purposes including organized educational activities such as site visits and observations. Educational uses of the property shall not alter vegetation, hydrology or topography of the site. C. Vegetative Cutting. Except as related to the removal of non-native plants, diseased or damaged trees, and vegetation that obstructs, destabilizes or renders unsafe the Easement Area to persons or natural habitat, all cutting, removal, mowing, harming, or destruction of any trees and vegetation in the Easement Area is prohibited. D. Industrial, Residential and Commercial Uses. All are prohibited in the Easement Area. E. Agricultural Use. All agricultural uses within the Easement Area including any use for cropland, waste lagoons, or pastureland are prohibited. F. New Construction. There shall be no building, facility, mobile home, antenna, utility pole, tower, or other structure constructed or placed in the Easement Area. G. Roads and Trails. There shall be no construction of roads, trails, walkways, or paving in the Easement Area. Existing roads or trails located in the Easement Area may be maintained by Grantor in order to minimize runoff, sedimentation and for access to the interior of the Property for management, maintenance, stewardship purposes, or undeveloped recreational and educational uses of the Easement Area. Existing roads, trails or paths may be maintained with loose gravel or permanent vegetation to stabilize or cover the surfaces. H. Signs. No signs shall be permitted in the Easement Area except interpretive signs describing restoration activities and the conservation values of the Easement Area, signs identifying the owner of the Property and the holder of the Conservation Easement, signs giving directions, or signs prescribing rules and regulations for the use of the Easement Area may be allowed. I. Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances or machinery, or other material in the Easement Area is prohibited. J. Grading, Mineral Use, Excavation, Dredging. There shall be no grading, filling, excavation, dredging, mining, or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals, or other materials. K. Water Quality and Drainage Patterns. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or diverting, causing, allowing or permitting the diversion of surface or underground water. No altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. All removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. In the event of an emergency interruption or shortage of all other water sources, water from within the Easement Area may temporarily be used for good cause shown as needed for the survival of livestock and agricultural production. L. Subdivision and Conveyance. Grantor voluntarily agrees that no subdivision, partitioning, or dividing of the underlying fee that is subject to this Easement is allowed. Unless agreed to by the Grantee in writing, any future conveyance of the underlying fee for the Easement Area and the rights as conveyed herein shall be as a single block of property. Any future transfer of the fee simple shall be subject to this Conservation Easement. Any transfer of the fee is subject to the Grantee's right of unlimited and repeated ingress and egress over and across the Property to the Easement Area for the purposes set forth herein. M. Development Rights. All development rights are removed from the Easement Area and shall not be transferred. N. Disturbance of Natural Features. Any change, disturbance, alteration Or impairment of the natural features of the Easement Area or any intentional introduction of non- native plants, trees and/or animal species by Grantor is prohibited. The Grantor may request permission to vary from the above restrictions for good cause shown, provided that any such request is consistent with the purposes of this Conservation Easement. The Grantor shall not vary from the above restrictions without first obtaining written approval from the N.C. Ecosystem Enhancement Program, whose mailing address is 1652 Mail Services Center, Raleigh, NC 27699-1652. [1[111�1 IIA - 11121 V A Do 1.1.4 A. Ingress, Egress, and Inspection. The Grantee, its employees and agents, successors and assigns, receive the perpetual right of wilimited and repeated ingress and egress to the Easement Area over the Property at reasonable times to undertake any activities to restore, manage, maintain, enhance, and monitor the wetland and riparian resources of the Easement Area, in accordance with restoration activities or a long-term management plan. Unless otherwise specifically set forth in this Conservation Easement, the rights granted herein do not include or establish for the public any access rights. B. Restoration Activities. These activities include planting of trees, shrubs and herbaceous vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and prepare the soil, modification of the hydrology of the site, and installation of natural and manmade materials as needed to direct in -stream, above ground, and subterraneous water flow. 1 al "UM 513 1 No A. Enforcement To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent any activity within the Easement Area that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Easement Area that may have been damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor, their successors or assigns, that comes to the attention of the Grantee, the Grantee shall, except as provided below, notify the Grantor, their successors or assigns in writing of such breach. The Grantor shall have ninety (90) days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after ninety (90) days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. The Grantee shall also have the power and authority, consistent with its statutory authority: (a) to prevent any impairment of the Easement Area by acts which may be unlawful or in violation of this Conservation Easement; (b) to otherwise preserve or protect its interest in the Property; or (c) to seek damages from any appropriate person or entity. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the term of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. B. Inspection. The Grantee, its employees and agents, successors and assigns, have the right, with reasonable notice, to enter the Easement Area over the Property at reasonable times for the purpose of inspection to determine whether the Grantor, their successors or assigns are complying with the terms, conditions and restrictions of this Conservation Easement. C. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor, their successors or assigns, for any injury or change in the Easement Area caused by third parties, resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good -faith by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Property resulting from such causes. D. Costs of Enforcement. Beyond regular and typical monitoring, any costs incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor, their successors or assigns, including, without limitation, any costs of restoration necessitated by 5 1-13MM9311m, Grantor's acts or omissions in violation of the terms of this Conservation Easement, shall be borne by Grantor. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and any forbearance, delay or omission by Grantee to exercise its nights hereunder in the event of any breach of any term set forth herein shall not be construed to be a waiver by Grantee. V. MISCELLANEOUS A. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be invalid, the remainder of the provisions of the Conservation Easement, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. B. Any notices shall be sent by registered or certified mail, return receipt requested to the parties at their addresses shown above or to other address(es) as either party establishes in writing upon notification to the other. C. Grantor shall notify Grantee in writing of the name and address and any party to whom the Property or any part thereof is to be transferred at or prior to the time said transfer is made. Grantor further agrees to make any subsequent lease, deed, or other legal instrument by which any interest in the Property is conveyed subject to the Conservation Easement herein created. D. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Property or any portion thereof. E. This Conservation Easement may be amended, but only in writing signed by all parties hereto, and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the purposes of the Conservation Easement. F. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however, that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified bolder under N.C. Gen. Stat. § 121-34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. Grantor reserves all remaining rights accruing from ownership of the Property, including the right to engage in or permit or invite others to engage in only those uses of the Easement Area that are expressly reserved herein, not prohibited or restricted herein, and are not inconsistent with the purposes of this Conservation Easement. Without limiting the generality of rol the foregoing, the Grantor expressly reserves to the Grantor, and the Grantor's invitees and licensees, the right of access to the Easement Area, and the light of quiet enjoyment of the Easement Area, TO HAVE AND TO HOLD the said rights and easements perpetually unto the State of North Carolina for the aforesaid purposes. AND Grantor covenants that Grantor is seized of said premises in fee and has the light to convey the permanent Conservation Easement herein granted; that the same are free from encumbrances and that Grantor will warrant and defend title to the same against the claims of all persons whomsoever. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. (SEAL) 1 oy L. Godfrey V (SEAL) Dorothy -M. Godfrey FU I.-IMMENCEMIN NORTH CAROLINA COUNTY OF La NotaPublic in and for the County and State kh IA d jnol S ry aforesaid, do hereby certify that --T-odYeq Grantor, personally appeared before me this day and acknowledged the execution oVthc f6regoing instrument. IN WITH SS WHEREOF, I have hereunto set my hand and Notary Seal this the day of 2007 Notary Public �AOTA RY My commission expires: 4 fog atIL-4 cool Ar NORTH CAROLINA COUNTY OF /7 /? a Notary Public in and for the County and State aforesaid, do hereby certify that -,Dc+i VlakndiCret-i , Grantor, personally appeared before me this day and acknowledged the e ecution of th6 fodgoing instrument. IN WITN ESS WHERE -OF, I have hereunto set my hand and Notary Seal this the day of 4t/p nj 1) e r 200_7 rr� f17 Notary Public J.';' \01 A R Y My commission expires: Puno-' 0 APPENDIX B BASELINE DOCUMENTATION REPORT PROJECT SUMMARY WILDCAT BRANCH STREAM AND WETLAND DELINEATION LEE COUNTY, NORTH CAROLINA Prepared for: 4 - A., '*-A 4 NCDENR North Carolina Department of Environment and Natural Resources Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, North Carolina 27699-1652 September 2007 PROJECT SUMMARY WILDCAT BRANCH STREAM AND WETLAND DELINEATION LEE COUNTY, NORTH CAROLINA Prepared for: M WR 1-c.o �v tcm North Carolina Department of Environment and Natural Resources Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, North Carolina 27699-1+652 Prepared by: Au, ym Axiom Environmental, Ine. 2126 Rowland Pond Drive Willow Springs, North Carolina 27592 (919) 215-1693 (phone) (919) 341-3839 (fax) Project Manager: Grant Lewis September 2007 1.0 INTRODUCTION ----------------------.------------------..l lJ Project Description --------------------.----------------.l 1.2 Methods ............................. ................................................................................................. l 2.0 PHYSICAL RESOURCES ................................. ............................................................................ 1 2] Soils ........... ......................................................................................................................... | 2.2 Water Quality ---------------------~-----------------..2 1OBIOTIC RESOURCES .................................................................................................................... 2 3] Plant Communities ............................................................................................................... 2 3.2 Wildlife ................................................................................................................................ 2 4.0 SPECIAL TOPICS .......................................................................................................................... 3 4.1 Section 4O4Jurisdictional Areas ........................................................................................... 3 4.2 Mitigation Unit Potential ...................................................................................................... 4 5.0 REFERENCES ------------------------------------------.5 APPENDIX A. Figures APPENDIX B. USACE Stream and Wetland Data Forms APPENDIX C. NCDWQ Stream Data Forms APPENDIX D. USACE Approved Jurisdictional Determination Forms LIST OF TABLES Table 1. Jurisdictional Wetland Characteristics ....................................................................................... 4 Table 2. Jurisdictional Stream Characteristics --------..------.--------------4 Figure 1. Site Location Figure 2. Soils and Key to Sheets Wildcat Branch Ecosystem Enhancement Program page ii Jurisdictional Area Delineation PROJECT SUMMARY WILDCAT BRANCH Wwi"AW W- wal'i'vioNwRall mv K'W.',l i 1.1 Proiect Descrivtion The North Carolina Ecosystem Enhancement Program (EEP) is currently investigating approximately 55 acres of bottomland forest adjacent to Wildcat Branch (Site) for potential stream and wettand preservation. The Site is located approximately 3 miles south of the Town of Lemon Springs within the Cape Fear River Basin on Wildcat Branch in Lee County, North Carolina (Figure 1). Axiom Envirom-nental, Inc. (AXE) has been contracted to conduct jurisdictional stream and wetland delineations ;,,,t the Site. 1.2 Methods Aerial photography was used as base mapping for plant communities and to document locations of Section 404 jurisdictional systems. Field reconnaissance was performed to validate published resource inventories and idof particular envirom-nental concern. Field investigations were conducted in May 2007. Resources utilized in support of the field effort include United States Geological Survey topographic quadrangle mapping (Murchisontown, North Carolina 7.5 -minute quadrangle), United States Fish and Wild -life Service �IiUSFWS�, National Wetlands Invent and Natural Resource Conservation Service (NRCS) soils information for Lee County (USDA 1989). Water quality data for streams and tributaries in the Site were derived from available North Carolina Division of Water Quality (NCDWQ) sources. Section 404 jurisdictional wetlands were identified using the three -parameter approach (hydrophytic vegetation, hydric soils, wettand hydrology) outlined in the Corps ofEngineers Wetlands Delineation Manual (Environmental Laboratory 1987). Vascular plant names follow nomenclature found in Radford et at. (1968) with exceptions for updated nomenclature (Kartesz 1998). Wildlife and aquatic life were documented through field observations (Martof et al. 1980, Potter et al. 1980, Webster et al. 1985, and Rohde et al. 1994). According to the Soil Survey of Lee County, North Carolina, the Site is underlain by soils of Weha,!kee, Gilead, and Blaney Series (USDA 1989). Wehadkee soils (Typic Fluvaquents) are classified as hydric, Class A soils (USDA 2005). The Wehadkee series consists of nearly level, poorly to very poorly drained soils on floodplains along streams that are frequently flooded. Slopes are generally between 0 to 2 percent and the seasonal high water table is at or near the soil surface during wet periods. Gilead soils (Aquic Hapludults) are classified as nonhydric Class B soils, which may contain inclusions of hydric Johnston or Bibb soils (USDA 2005). The Gilead series consists of moderately well -drained soils on uplands. Slopes are generally between 2 to 15 percent and the seasonal high water table is 2.5 to 3.5 feet below the soil surface. Wildcat Branch Ecosystem Enhancement Program page I Jurisdictional Area Delineation Ue County, North Carolina Blaney soils (Axenic Rapludults) are classified as nonhydric soils (USDA 2005). The Blaney series consists of well -drained soils on interstrearri areas and toe slopes. Slopes are generally between 2 to 15 percent and the seasonal high water table is greater than 6 feet below the soil surface. 2.2 Water Quality 11 t ff I I t t11 Streams with a designation WS -111 are waters used as sources of potable water where a more protectivf� WS -1 or 41 classification is not feasible. These waters are also protected for Class C uses includina secondary recreation, fishing, wildlife, fish and aquatic life propagation and survival, and agriculture. WS -HI waters are generally in low to moderately developed watersheds. General discharge permits ars only allowed near the water supply intake whereas domestic and nonprocess industrial discharges ar- t 4 owed in the rest of the water supply watershed. NCDWQ has assembled a list of impaired waterbodies according to the Clean Water Act Section 303(d) and 40 CFR 130.7. The list is a comprehensive public accounting of all impaired waterbodies. An impaired waterbody is one that does not meet water quality standards including designated uses, -numeric and narrative criteria, and anti -degradation requirements defined in 40 CFR 13 1. Wildcat Branch is not listed on the NCDWQ final 2004 or draft 2006 303(d) lists (NCDWQ 2006a, 2006b). KA90011J-1011 tm.14, *11111114110 3.1 Plant Communities Existing land use within the Site consists of forestland, which may be described as Piedmont Alluvial Forest within the floodplain, wetland, and seepage slope areas grading to a Mesic-Mixed Hardwood Forest (Piedmont subtype) on the slopes and well -drained portions of the Site (Schafale and Weakley 1990). Characteristic species within the tree and sapling layers include red maple (Acer ruhrum), sweetgurn (Liquidambar styraciflua), sweetbay (Magnolia virginiana), water oak (Quercus nigra), tulip poplar (Liriodendron tulipifera), overcup oak (Quercus lyrata), dogwood (Cornusflorida), ironwood (Carpinus caroliniana), American holly (Rex opaca), loblolly pine (Pinus taeda), longleaf pine (Pinus palustris), blackjack oak (Quercus marilandica), turkey oak (Quercus laevis), sourwood (Oxydendrum arboretum), black cherry (Prunus serotina), and persimmon (DiospjTos virginiana). The understory contains species of the tree/saiviing larers as well "ant cane �Arundin a gig _anteja��i greenbrier .oison iw (Toxicodendron radicans), sweet pepperbrush (Clethra alnifolia), and flatsedge (Carex spp.). Several species of ferns are present including bracken fern (Pteridium aquilinum), Christmas fern (Polystichum acrostichoides), cinnamon fern (Osmunda cinnamomea), and netted chain -fern (Woodwardia areolata). A portion of the Site's southwestern comer is colonized by kudzu (Pueraria montana var. lohata) which is encroaching upon the jurisdictional wetland community. Currently, kudzu is not firmly established; however, canopy gaps are beginning to open due to mortality of overstory species. 3.2 Wildlife During field studies, wildlife observed either directly or indirectly during field investigations includes the following. Wildcat Branch Ecosystem Enhancement Program page 2 Jurisdictional Area Delineation Lee County, North Carolina Mammals eastern cottontail (Sylvilagus floridanus), gray squirrel (Sciurus earolinensis), gray fox (Urocyon cinereoargenteus), red fox (Vulpes vulpes) coyote (Canis latrans), and white-tailed deer (Odocoileus virginianus) Reptiles and Amphibians bull frog (Rana catesbeiana), southern toad (Bufo terrestris), Carolina anole (Anolis carolinensis), five - lined skink (Eumeces fasciatus), eastern box turtle (Terrapene Carolina), yellow -bellied slider (Chrysemys scripta), rough green snake (Opheodrys aestivus), and eastern king snake (Lampropeltis getula) Birds yellow -billed cuckoo (Coccyzus americanus), blue jay (Cyanocitta cristata), mourning dove (Zenaida macroura), and northern cardinal (Cardinalis cardinalis) Ell" NININER=1 1711 Section 404 of the Clean Water Act (CWA) requires regulation of discharges into "waters of the United States." Although the principal administrative agency of the CWA is the United States Environmental Protection Agency (USEPA), the United States Army Corps of Engineers (USACE) has major responsibility for implementation, permitting, and enforcement of provisions of the Act. The USACE regulatory program is defined in 33 CFR parts 320-330. Water bodies such as rivers, lakes, and streams are subject to jurisdictional consideration under the Section 404 program. By regulation, wetlands are also considered "waters of the United States." Jurisdictional areas were delineated between May 15 and 24, 2007. The jurisdictional area delineation was field verified on August 9, 2007 by USACE representative Monte Matthews. Jurisdictional areas include Wildcat Branch, unnamed tributaries to Wildcat Branch, floodplain wetlands, and seepage slope wetlands. Locations of jurisdictional areas wn the Site are indicated on Figure 2 and Sheets 1-3 of Appendix A. 4.1.1 Jurisdictional Wetlands Site wetlands are considered palustrine systems, as defined by Cowardin et al. (1979). Wetlands are depicted in white with green (riparian) and white with red (nonriparian) on Figure 2 and Sheets 1-3 of Appendix A. Wetlands are defined by the presence of three criteria: hydrophytic vegetation, hydric soils, and evidence of wetland hydrology during the growing season (Environmental Laboratory 1987). Open water systems and wetlands receive similar treatment and consideration with respect to Section 404 review. Wetland systems characterized by Piedmont Alluvial Forest are present within the Site; characteristics for each are given in the following table. Routine Welland Determination data forms are included in Appendix B. Wildcat Branch Ecosjutem Enhancement Program page 3 Jurisdictional Area Delineation Lee County, North Carolina Table 1. Jurisdictional Wetland Characteristics *P = Palustrine; FO = Forested (I = Broad-leaved deciduous); B = Saturated, E = Seasonally flooded/saturated, F Sernipermanently flooded, H = Permanently flooded 4.1.2 Jurisdictional Streams Jurisdictional streams within the Site are considered riverine systems, as defined by Cowardin et al. (1979). Streams are depicted in dark blue (single channel perennial), light blue (braided perennial), and red (single channel intermittent) on Figure 2 and Sheets 1-3 of Appendix A. Eight stream systems are present within the study area; characteristics for each are given in the following table. USACE Stream Quality Assessment Worksheets are included in Appendix B and NCDWQ Stream Classification Forms are included in Appendix C. Table 2. Jurisdictional Stream Characteristics Acreage/ Iliparian Wetland Nonriparian Wedand Stream Mitigation q• i ili ation Units Mitigation Units units Riparian Weiland Preservation 26.21 5.2 -- *P = Palustrine; FO = Forested (I = Broad-leaved deciduous); B = Saturated, E = Seasonally flooded/saturated, F Sernipermanently flooded, H = Permanently flooded 4.1.2 Jurisdictional Streams Jurisdictional streams within the Site are considered riverine systems, as defined by Cowardin et al. (1979). Streams are depicted in dark blue (single channel perennial), light blue (braided perennial), and red (single channel intermittent) on Figure 2 and Sheets 1-3 of Appendix A. Eight stream systems are present within the study area; characteristics for each are given in the following table. USACE Stream Quality Assessment Worksheets are included in Appendix B and NCDWQ Stream Classification Forms are included in Appendix C. Table 2. Jurisdictional Stream Characteristics *R = Riverine (2 = Lower perennial, 4 = Intermittent); UB = Unconsolidated bottom (2 = Sand, 3 = Mud) 4.2 Mitigation Unit Potential Mitigation potential within the Site includes preservation of existing forested streams and wetlands. Riparian wetlands occupy 26.21 acres of the Wildcat Branch and unnamed tributaries to Wildcat Branch floodplains and nonriparian wetlands occupy 0.34 acres of seepage slopes. Approximately 108 linear feet *f single channel intermittent stream, 3396 linear feet of single channel perennial stream, and 2229 linear feet of braided perennial channel occur within the Site. Preservation at the Site may providf.- approximately 5.2 riparian wetland mitigation units, 0.1 nonriparian wetland mitigation units, and 1147 stream mitigation units as depicted in the following table. Table 3. Potential Stream and Wetland Mitigation Units Mitigation Type Acreage/ Iliparian Wetland Nonriparian Wedand Stream Mitigation Linear Feet ili ation Units Mitigation Units units Riparian Weiland Preservation 26.21 5.2 -- Nonriparian Wetland 0.34 -- 0.1 -- Preservation Stream Preservation 5733 -- -- 1147 Totals 5.2 0.1 1147 [fit R2LJB2/3 R4UB2/ *R = Riverine (2 = Lower perennial, 4 = Intermittent); UB = Unconsolidated bottom (2 = Sand, 3 = Mud) 4.2 Mitigation Unit Potential Mitigation potential within the Site includes preservation of existing forested streams and wetlands. Riparian wetlands occupy 26.21 acres of the Wildcat Branch and unnamed tributaries to Wildcat Branch floodplains and nonriparian wetlands occupy 0.34 acres of seepage slopes. Approximately 108 linear feet *f single channel intermittent stream, 3396 linear feet of single channel perennial stream, and 2229 linear feet of braided perennial channel occur within the Site. Preservation at the Site may providf.- approximately 5.2 riparian wetland mitigation units, 0.1 nonriparian wetland mitigation units, and 1147 stream mitigation units as depicted in the following table. Table 3. Potential Stream and Wetland Mitigation Units Mitigation Type Acreage/ Iliparian Wetland Nonriparian Wedand Stream Mitigation Linear Feet ili ation Units Mitigation Units units Riparian Weiland Preservation 26.21 5.2 -- Nonriparian Wetland 0.34 -- 0.1 -- Preservation Stream Preservation 5733 -- -- 1147 Totals 5.2 0.1 1147 Wildcat Branch Ecosystem Enhancement Program page 4 Jurisdictional Area Delineation Lee County, North Carolina 5.0 REFERENCES Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. FWS/OBS -79/31. Fish and Wildlife Service, U.S. Department of the Interior, Washington, DC. 103 pp. Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1. United States Army Engineer Waterways Experiment Station, Vicksburg, MS. 92 pp. Kartesz, J. 1998. A Synonymized Checklist of the Vascular Flora of the United States, Puerto Rico, and the Virgin Islands. Biota of North America Program. Martof, B.S., W.M. Palmer, J.R. Bailey, and J.R. Harrison 111. 1980. Amphibians and Reptiles of the Carolinas and Virginia. University of North Carolina Press, Chapel Hill, NC. 264 pp. North Carolina Division of Water Quality (NCDWQ). 2006a. Final North Carolina Water Quality Assessment and Impaired Waters List (2004 Integrated 305(b) and 303(d) Report) (online). Available: http://h2o.enr.state.ne.us/tmdl/documents/20041RCategories4-7.PDF [May 24, 2007]. North Carolina Department of Environment and Natural Resources, Raleigh, North Carolina. North Carolina Division of Water Quality (NCDWQ). 2006b. Draft North Carolina Water Quality Assessment and Impaired Waters List (2006 Integrated 305(b) and 303(d) Report). Public Review (online). Available: http://h2o.enr.state.nc.us/tmdl/documents/2006303dListPublicReviewDraft.pdf [May 24, 2007]. North Carolina Department of Environment and Natural Resources, Raleigh, North Carolina. North Carolina Division of Water Quality (NCDWQ). 2007. North Carolina Stream Classification Schedules (online). Availabo.enr.state.nc.us/bims/reports/reportsVTB.html [May 25, 2007]. North Carolina Department of Envirom-nent and Natural Resources, Raleigh, North Carolina. Potter, E.F., J.F. Parnell, and R.P. Teulings. 1980. Birds of the Carolinas. The University of North Carolina Press, Chapel Hill, NC. 408 pp. Radford, A.E., H.E. Ahles, and C.R. Bell. 1968. Manual of the Vascular Flora of the Carolinas. University of North Carolina Press, Chapel Hill, NC. 1183 pp. Rohde, F.C., R.G. Arndt, D.G. Lindquist, and J.F. Parnell. 1994. Freshwater Fishes of the Carolinas, Virginia, Maryland, & Delaware. The University of North Carolina Press, Chapel Hill, NC. 222 pp- Schafate,and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina: Third Approximation. Natural Heritage Program, Division of Parks and Recreation, N.C. Department of Environment, Health, and Natural Resources. Raleigh. 325 pp. Wildcat Branch Ecosystem Enhancement Program page 5 Jurisdictional Area Delineation Lee County, North Carolina United States Department • Agriculture (USDA). 1989. • Survey • Lee County, North • Natural Resources Conservation Service, United States Department of Agriculture. United States Department of Agriculture (USDA). 2005. North Carolina Portion of the National Hydric • List. Natural Resources Conservation Service, United States Department • Agriculture. Webster, W.D., J.F. Parnell, and W.C. Biggs, Jr. 1985. Mammals of the Carolinas, Virginia, and Maryland. The University of North Carolina Press, Chapel Hill, NC. 255 pp. Wildcat Branch Ecosystem Enhancement Program page 6 Jurisdictional Area Delineation Lee County, North Carolina 11 MRSIM11"'j. Wildcat Branch Ecosystem Enhancement Program Appendices Jurisdictional Area Delineation Lee County, North Carolina Figure 1. Site Location :t Wildcat Branch Lee County, North Carolina Prepared for: Ecosystem Enhancement Program sly ' V Prepared by: Axiom Environmental, Inc. June 2007 a� ti -� Legend Boundary = ate. Acres County Line t o �t g iz �js�C' J� sdUk °"- a:. Jj r114 r, : ' aP ' s Site! location; 36.3274°N, 79.1825-W (NAD83/WGS84) Scala = 1:24,000; 0 6501,300 2,600 3,900 5,200 Feet Miles' 0 0.1250.25 0.5 0.75 1 Figure 2., Soils, and Key to Sheets; Wildcat Branch Lee County, North Carolina Prepared for: Ecosystem Enhancement Program Prepared by: Axiom Environmenri -,c. September 2007 `' ` • ± .y :114! tt�d a: 417 •:iom Environmental, if, -..a. * Jib. E ' - r- 1 l� l � - �� ' .,Vf ism• � � � � l' � ._fes N i •� Tse n�,_ At. 4 P Ary - - -- �r • t� Y: q :l 1r , , , YI - �h • f "�,_ , �� h rte, ' •.n ` /' V,Mrt� Legend _ t . - Boundary � r Streams = 5733 linear feet ~ i1 Riparian Wetlands = 26.21 acres, �... 4 `1 "„4 i _= I ' *i f�_.. NonnDanarr Wetlands = 0.34 acres X 3# 's^•t. i 4 y s Soils 0 145 290 580 870 1,164 y' Wn = Wehadkee fine sandy loam, Class A GhB, GhD = Gilead loamy sand, Class B Feel; - ��, z BaB, BaD = Blaney loamy sand, non -hydric Sheet 1. Jurisdictional Area Delineation Wildcat Branch Lee County, North Carolina Prepared for. Ecosystem Enhancement ProWarn Prepared by. Axiom Environmental, Inc. �• September 2W-7 ' I • � � r;��tc't rt 0 50 100 200 300 400 Feet `10A I N SV259 'a 56 AL : '* '! StreA�mC AL _► 16 Ak 4% Af Wetland system 1Lq , -- if 97 Weiland System i . - -1 .,i--,fd34- d3� d36 LI Legend _ 3oundary ML Perennial Streams = 3356 if lnhwn ittent Streams = 108 If Braided Perennial Streams = 2229 If Ripanan Wetlands = 2621 ac Nonriparian Wetlands = 0.34 ac • YF alc. wl Flag L ocatioraFDPS Poini Stream Data Foran r 'T` gd9 gdB� gd12 gd1U tY�r sd1' 9[15 ptlSS g=i — 8{ res ax his res ,,��oov Jgy }tr6 rah (Cs durr;rp8 la -1 jTa7 -j 11i f.�5 '42rt3 ).a3,a4 -, }a8. 'ry r.,r4016 r y 'Bay ratil .L:t3 �� fs.t1fa 111xi2r,x19 - 11iy wi - �10 k+r`� ypl' fa13 a!J ra20 INA . fa21 l 1 f �4a {� ! M15 f222 ' .22h 1 �;p JR'r5p1; ' f�fg ` p119 f,-4 plfs �a2i} pals fa F6 22 �eC2 1A19 F � J' ! Ai Legend rrt8 Boundary • "Jsau, _ Perennial Streams = 3396 If •r{ Intermittent Streams = 108 If Braided Perennial Streams = 2229 If ,- - Riparian Wetlands = 2E.21ac Nonriparian Wetlands =0.34 ac - St�aaro Flag Location/GPS Paint Wetland Data Form 0 50 100 200 300 Feet - I`-2 �a2141d �6�`e 1 rczab ! t ret �4fd33 R. fs2 Crahu ,. a.9fa Stream C-he29 fp�a d.i1 rt'Q rd f bre, ear 5 f : a c3�fe3' fdj� ', [045 6t fe 11 ' Jrd46 Stream D G3 +1 3. a 79 ! R 'Aga a$2 r aia54 yah j ga32 gaso ga•17 aa46 4a > i axyy r 1 9b3tb 31 27 t: t -33T _ rahwa Pga=B $:gb22g�2fi h ♦ gp$4 9b.34$,9by,T 14 1 ga33 • 3:3T t a31 p39,.sirw ia1.e P' gbAO Ob 12 .ga30 ,;.3#x11 P R1® R79 IWb9' i2'. gb�1- T ,vTi P R14 1 - bo ' - Te Rat _ etre `26r 44,j r. gb7 a -s , r a27 � � b6�r!e�F171�fft e4 s rga2G gaEEES: �W $bb _ -s �h7 °� ga26 ia■ gas rhS rtt l;rhA 9a23®3 _ - 1 n.. ge21 t[:B rb to •ii7=U- f $ ih - ;fig 09 prcpertybCludsry . rb7 jb jy s A n2 rad ko . i jh2 j,,1 Legend Boundary 1: If Braided PerenrtW Streams = 2229 If Sheet 3. Jurisdictional Delineation Riparian - i. rWildcat L - - APPENDIX B USACE STREAM AND WETLAND DATA FORMS Wildcat Branch Ecosystem Enhancemew Program Appendices Jurisdictional Area Delineation Lee County, North Carolina DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) J 'tzk{+.'� ,l`:'�, ._ -- — - ' Gate ''pplicarntfOwno F� nv ;htittr.+,,r a ,`'` S> ate. Do Noirn„i C i,crrit y; rt„ .. exist on the site? is tw,, site signi{icanfly 1ishirbeci fA yrJical S=itWItionl? the ra, re`: ' a paten :sal PiC Merl: 1 eci i If Sn-aedted exolaln on reverse_) '4.1E tuiAtEdi —. +'�l➢liir111T r alit � }�LGrf;S W'>ti atUt'ti t 3CYi�af t]i i I �J `x✓ SY-^� -��_ .......>�"i .fr N'J-. ,fir p. i ,scent of Cron r+ a it Sex ries; that are OBL AC\A1 or FAC" „e. lddirw r/ ---,A , 1' =cor led Data (Describe in Remarks) Stceann. Lake, or +ide r:.aaug e Aerial Photographs C.r}hr;r No #yr.r..c ded Da?. Available V hs , afikjni,, r. (,pth ol _kjit�ice. 7✓lr<atei )ef)tn Ic, Flee Vv ie; irnP e lh. rc, alr rtatr,d Seri! fl-?erntarkt: LY5" fit,} Yes h d r 1� Conimunity ID I r2,tnsed Ili. c y;` •".« 3, p1o1, {D [Dorninant Plant Species ` trawrE7 c.ito 12 , :j. i4, r1letiand i-lydrology Indicators_ Primary Indk ators- Jnund aced Saturated in Upper 12 hiche:.s VV,,ter 3`viarks i Sedmrenl Deposits ---. Diaiitage Pattern-, in fly-thnci_, Secondary Ir dicatc s 2 or rnort cqua c di: O {Jxitli72d post C,ftatdraeis In Ut)ic,i '12 (ci:es treater -Stained Leaves f %-lC-Ne trai tes% tern (F_rrt lair_ _n Flrrnwks) SULS f0;"A p U i d ( I "I a n I e Onnes on Phme� Drainage Class FhM ObsemaWns 41; !,own, 1 Sog MUN Conhun NWpped TypO - f ;W suffidic, Odof AWA: MmWm Ryne Neyed N LOWOhmma Wors P"emans AIETLAND DE 'ERMINAMN Hydmphyiic Vegeiation Pjesenr.� V'Vefl�ind Hydfology Presf�nt-' Hydnc;!�()Os Qh Orgmic CmIeM in Mace Uys in San" Sun; Orgamc StmaWng in Sandy ME L Kind anI oct HyMc SAm W fin x Y"Win in Ranks) No (CITcle) No N. is Rus SarqHng Pahl WHAn a V&Umd? yow N c) Appmve{Pry MUSACE 192 HYDROLOGY Recorded Dat , -,i (Descrit-,)e in Rcmarksj n 'trea;, Lake. m Ticle Gauge, -i Aoria! Photograoh.,-; Oil Nc .Re - rded Dal, Availabic ro a i - ieid Observaflons, DeIS41`1 Of SLAE)Ce 1,Nazer, 1. ... . ..... ---- Dc -Wi fc, Fiee VIIate� in Pit: Depth to Saturated Soil fin.) � t�e�fnpvks VV eland lydrdogy Indicators Prirnary indic.mrs, IflUndated Saturated in lJplo ei 12 In .es 'Atatef Marks Drit"t Unes Secla-nelnt Deposits Drakiage 'P@ terns in kNe'dands Sec.ondary Indicators i-2 ni mcferequired) --------- luxid;zed Row Channels in Uppe12 hnches V1.1a.ter-Stained Leaves Local Soi� Surve.y Data FAC -Neutral lest Ofllei 'Explain in Rernaiks) DATA FORM ROUTINE WETLAND DETERMINATION C1987 CCIE V\Ieflands Delineation Manual� Date� ------------ CUUI Ity, ------- --------- ----------- ---- —4 .Cate - ------ ------------ -- - -------- ------- S, Do Noffal Cifcurnstances exist on the stie', Comy No -nun a --- - - ------ is iheSite sigmficantiv disturbed (AILYPICaj SItUabon)? �s the ;alta a polenti it Isroblen'i Ai ea? Yes Transect ID: Yes tslo(!D 0 1 needed, explain on ieviarse,, VEGETATION Plant Species SU'aWn-I ItNficalol Dornin ini Plant Sneaes Ji 4-4 A 2 10, 3 A- 12, 5 14 7 15 16 .......... .. 'Pefcent of Dominant �-Speaes tri at we 'O BL, FAC V,,' ..... . FAC�' _�exducfii vj P\G-I -,'e, mn a r k s HYDROLOGY Recorded Dat , -,i (Descrit-,)e in Rcmarksj n 'trea;, Lake. m Ticle Gauge, -i Aoria! Photograoh.,-; Oil Nc .Re - rded Dal, Availabic ro a i - ieid Observaflons, DeIS41`1 Of SLAE)Ce 1,Nazer, 1. ... . ..... ---- Dc -Wi fc, Fiee VIIate� in Pit: Depth to Saturated Soil fin.) � t�e�fnpvks VV eland lydrdogy Indicators Prirnary indic.mrs, IflUndated Saturated in lJplo ei 12 In .es 'Atatef Marks Drit"t Unes Secla-nelnt Deposits Drakiage 'P@ terns in kNe'dands Sec.ondary Indicators i-2 ni mcferequired) --------- luxid;zed Row Channels in Uppe12 hnches V1.1a.ter-Stained Leaves Local Soi� Surve.y Data FAC -Neutral lest Ofllei 'Explain in Rernaiks) SOTS Nup Lod Nlams nes and Pha-;e) f x 0 no, f -ny � S " I b g �c-, u Field (--:onfirn Mapped Type", K� Yes lv%e "De"ujpoors Depw ivi at, i x Co kur Motfle t0offle, Alf 11 Sc --Size!Coi tfasJ od-, So WAM" S �jnmoi Geyd a Lnw&hmma Won; �1!gh 'Urgamc (.,ondN: ,t m Surtace Laver its Sanoy Sows Organn S"Amg m S"m 3wls LIM on Not Hymc SON Us', nher TxNmn K Wmaks) DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual), ProjecUSite: w i Id U t BYah L k Indicator Date: 5115 f 01 Applicant/Owner. N GEP 9. County: L-Cle- Investi tor. w' 3. TjtX ojpaLc'eA 10 State: N L Do Normal Circumstances exist on the site? es []No Community ID: aY J t uooel Sl' Is the site significantly disturbed (Atypical Situation)? El L9No Transect ID: (o Is the area a potential Problem Area? ❑Yes i4o Plot ID: �,t iNC.i ! alVVJ If needed a Iain on reverse. 16. a Percent of Dominant Species that are OBL, FACW or FAC VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Com -is 0kVV%0MV1V• a 1FACk)t 9. Drainage Patterns in Wetlands Secondary Indicators (2 or more required): 3. TjtX ojpaLc'eA 10 ❑ Oxidized Root Channels in Upper 12 Inches ' ❑ Water -Stained Leaves 5. Ucwi 104Mbc►Y S AGI e. 11b ^.�.-n(i ALL( 13. 6• A 019L 14. 7. ❑ 15. 8. 16. a Percent of Dominant Species that are OBL, FACW or FAC * • /� i ! (excluding FAC-). r Remarks: HYDROLOGY ❑ Recorded Data (Describe in Remarks): ❑ Stream, Lake, or Tide Gauge ❑ Aerial Photographs ❑ Other ❑ No Recorded Data Available Wetland Hydrology Primary ❑ ❑ ❑ ❑ Indicators: Indicators: Inundated Saturated In Upper 12 Inches Water Marks Drift Lines Sediment Deposits Field Observations: ❑ Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Depth of Surface Water. """ {iR.} ❑ Oxidized Root Channels in Upper 12 Inches ' ❑ Water -Stained Leaves Depth to Free Water in Pit: -� (in.) ❑ Local Soil Survey Data ❑ FAC -Neutral Test Depth to Saturated Soil: (in.) ❑ Other (Explain in Remarks) Remarks: nRn &% u7VIL.7 Map Unit Name (Series and Phase): 11►► ���� {{ w+Lfl LQ �—1 g 90V� OMftrainage Class: � V n r fieldGdsewaiiems voo JIBRI Taxonomy (Subgroup):t` { V{.1�Y1 G 1� a infirm Mapped type? OYes No Profile Descriptions: Doh Matrix Color Mottle Colors Mottle Abundance/ Texture, Concretions, (inches) Horizon (Munsell Moist) Munsell Moist Slze/Contrast Structure etc U- t 1 o YR 2/L Hydric Soil Indicators: ❑ Histosol ❑ Concretions ❑ Histic Epipedon ❑ High Organic Content In Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking irk Sandy Soils Aquic Moisture Regime ❑ Listed on Local Hydric Soils List Listed National Hydric Soils List ❑ Reducing Conditions on Gieyed or Low-Chroma Colors ❑ Other (Explain in Remarks) , Remarks: A WETLAND DETERMINATION Hydrophytic Vegetation Present?fYes []No (Check) (Check) Wetland Hydrology Present? [:]No Hydric Soils Present? ONo Is this Sampling Point Within a Wetland? [ Yes ONo Remarks Approved by HQU5Act ;3/sz Forms version 1/02 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) VEGETAitON Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 4. Ut c> ata 5 ajr p, 2. (_ W�AW 10. 4. 12. 5. 13. 8. 14. 8. 16. --o' Percent of Dominant Species that are OBi , FACIN or FAC excludi FAC-). (e( 07 Remarks: HYDROLOGY ❑ Recorded Data (Describe in Remarks): ❑ Stream, take, or Tide Gauge ❑ Aerial Photographs ❑ Other ❑ No Recorded Data Available Welland Hydrology Indicators: Primary Indicators: ❑ Inundated ❑ Saturated In Upper 12 Inches ❑ Water Marks ❑ Drift Lines ❑ Sediment Deposits Field Observations: ❑ Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Ddpth of Surface Water. - (in.) ❑ Oxidized Root Chamois in Upper 12 inches ' ❑ Water -Stained Leaves Depth to Free Water in Pit (in.) ❑ Local Soil Survey Date ❑ FAC -Neutral Test Depth to Saturated Soil: (in.) ❑ Other (Explain in Remarks) Remarks: No wql wj 1nyd � yy `'�►d-t'c c�.�-u�rS plrc SR.YI�t . SOILS Map Unit Name (seri and Plisse): �I j{,r1� Oil iC1/1�1 S uhd Drainage class: rnod .-olmi�e� . Taxonomy (Subgroup): AqL4 ( a JU CLU jf9 Confirm Mapped Type? Oyes tr No Profile Descriptions: Depth Matrix Color Mottle Colors Mottle Abundance/ Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Size/Contrast Structure etc 10 Y1Z y13 — - Sava Hydric soil indicators: ❑ Hlstosol ❑ Concretions ❑ Histic Epipedon ❑ High Organic Content in Surface Layer in Sandy Soils ❑ Sulfidic Odor ❑ Organic Streaking irl bandy Soils ❑ Aquic Moisture Re*e ❑ Listed on Local Hydric Soils List ❑ Reducing Conditions ❑ Listed on National Hydric Soils List ❑ Gleyed or Low-Chroma Colors ❑ Other (Explain in Remarks) , Remarks: No Vij4ri c Soy I i`V►J4*c.a4-0-S . WETLAND DETERMINATION Hydrophytic Vegetation Present? [9/Yes (Check) (Check) Wetland Hydrology Present? ❑Yes EO HydricSoNs Present? ❑`des Is this Sampling Point Within a Wetland? ❑Yes No Remarks Approved by HOUSACE 3192 Forms version 1/02 USACE AID# DWQ # Site # S (indicate on attached map) M STREAM QUALITY ASSESSMENT WORKSHEET Provide the fallowing information for the stream reach under assessment: 1. Applicant's name: Ea 2. Evaluator's name: )WO V -PI 3. Date of evaluation: Ma►4 1 4. Time of evaluation:_ 1 0 .00 5. Nance of stream: W, W�} M Ck_ 6. River basin: C aux Par 7. Approximate drainage area:of 1c�lG 0 • rn i �} 8. Stream z_._.._. �� ��n 0h US65 Li L�u� ; F ^' —t2r*' hI -Jo 9. Length of reach evaluated N 15 0 ft 10. County: 11. Site coordinates (if known): prefer in deciinial degrees. 12. Subdivision name (if any):,_ NA Lath & (OL34.FM12)' 35,12(000 • / Y Loagitade (cz 7/:556611): _19- 19• 1913 • W Method loeationdetermined (circle)- GPS li Zjj_A� Ortho (Aerial) PhoWGIS Other GIS Other 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location): 1A sftxam 14. Proposed channel work (if any): ' N o nt l ' pimcpa v a'Ho h 15. Recent weather 16. Site conditions i 17. Identify any special waterway classifications known _Section 10 Tidal Waters Essential Fisheries Habitat Trout Waters Outstanding Resource Waters Nutrient Sensitive Waters water Supply Watershed X(MV) 18. Is there a pond or lake located upstream of the evaluation point? YES & If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? QNO 20. L)oes channel appear on USDA Soil Survey? YES NO 21. Estimated watershed land use: -0—% Residential % Commercial % Industrial % Agricultural 2% Forested LO -1/6 Cleared / Logged '/o Other ( 22. Bankfall width: 2.5 23. Bank height (from bed to top of batik): a • 5 24. Channel slope down center of stream: Flat (0 to 20/0) _, Gentle (2 to 40%) Moderate (4 to 10%) Steep (>10'/o) 25. Channel sinuosity: Straight Occasional bends ✓Frequent meander Very sinuous Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet Scores should reflect an overall assessment of the stream reach under evaluation If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total more assigned to a stream reach rrtust range between 0 and 100, with a score of 100 representing a stream of the highest quality. (� Total Score (from reverse): V Comments.. Evaloator's signature C &t'se 4* �.:, �01- wt)l 1_'CffC K Date �/ This channel evaluation form is Mended to be used only as a guide to assist landowners and environmental professionals in OWng the'data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total scare resulting from the completion of this form is subject to USACE approval and does not imply a particular milidation ratio or regoiremeaL Form subject to change — version 06/03. To Comment, please call 919-876-8441 x 26. STREAM OUALITY ASSESSMENT WORKSHEET aaaaac ..aamaa.acaasu�:s sac Inn anavamu III Gomm sum=. CHARACTERISTICS ECOREGION POM MANGE Sw Coastal PiEdwwnoat Moaaatai n 1 presence of flow f persivowat poob in stroam flow or sataration = 0 now = max ittts 0-5 0-4 0-3 Evidarde of pad baman alterad" 0— 6 0— 5 0— 5 extensive abft* ion = 0 no aikwation = max rods Sane no buffer= 0' 229MRm wide buffer = max rots 0-6 0-4 0-5 3 4 Evi�soe of antrbut or cbenaiad dbcba rgn extensive = 0• no es = max fats 0-5 0-4 0-4 3 5 0"Undwater "&a1v nodi e 4 EP etc. = max rots 0-3 0-4 0-4 y M+ 6 Presence of adjacent fiaodpb3a f[ = 0• extusive floodolain = max rots 0-4 0-4 0-2 7 Entread want i ttaodplain access eaheached = a ftqmnt g2oft =maxrots 0-5 0-- 4 0— 2 7 S Preaen" oradjacent weth&& ao v+ed&nds = a ad wew wW=& = max fiats 0-6 0-4 0-2 9 Chand °' Mftmvo chamthgation = o- natural meander = max ints 0-5 0-4 0-3 10 tiupw exteasave 4 - a little or no sediment = max 0-5 0-4 0-4 1 Stae & diveradty of ebamnd bed abstrate 0-4 0 — 5 us = a diverse sizes = maxPoints)NA* Y2 Evidence of t baeud hwhio a or *Nlenbag " incised =4' stable bed& banks = max rots 0-5 0 _ 4 0-5 fr 13 Presence of armor bank ibtiinres' Severe trosion = % no gnulo Stable banks = max inns 0-5 Q — 5 0-5 14 Boot dw* and density an barks 0-3 0-4 no visible soots = 0• dense roots iba ut = max 0-5 15 by a pkaft sre, livato k, or tuber pm&w im0 5 sabsmatial ' no evidence = max points) — 0-4 $ 0-5 2 16 of rifffie�poeiMTppl�pool completes 0-3- 0-5 VD or Pp -dcwloped = max 0-6 3 ;7-R�itat t�mpbnzfity or mo Nabi Wa co varied habitats =max iris 0— 6 0— 6 0— 6 'f i$ Cawawopy coverage over drawwsw rro 0a=0' ams can =max ROM 0-5 0-5 0a- 5 Substrate owbaidedne s NA' 0-4 0-4 embedded = 0• loose structure = Max) 3 i01 PwtSftW of stream iaverftbrates (see page 4) no evidence = 0; taw— naimerous = max Mats 0-4 0 — 5 0-5 f h 1 preseeee of a=04inurs = 0 0— 4 0— 4 0— 4 ao evidence nwaerow�s = Um ints rQt 0 22presence Ofd` evidence lk numerous = max is 0-4 0--4 0-4 23 Evidmoe ofw§dl[e use Lao evfte = 0' abundant evidence = maxrots 0-6 0-5 0-5 Totwsi points Possible 100 100 100 TOTAL SCORE (also enter on first page) (� aaaaac ..aamaa.acaasu�:s sac Inn anavamu III Gomm sum=. USACE AID# DWQ #_ _... __.... Site #.!�!R (indicate on attached map) M STREAM QUALITY ASSESSMENT WORKSHEET 4� Provide the following information for the stream reach under assessment: /�� ' itr� tines 1. Applicant's name:2. Evaluator's name: X 101 11 Q rat.Q 3. Date of evaluation: M04 2QQ-1 4. Time of evaluation: W-06 5. Name of stream: WT to Wi (Q t- 6. River basin: ClapL 7. Approximate drainage area: _ �Q�l.� O.b i �. �crearu c� _... N,o, to � k1 U SG S J L a4 9. Length of reach evaluated: ^-11950 fr 10. County: 11. Site coordinates (if ]mown): pefer i, decimal degrees. 12. Subdivision name (if any): NA 35.032-11 • N /9 Latitude (wc. 34.872312): Longitude (ems. 77.336611): � �� � `V t.8 Method loumon datuninied (circle)- GPS '! fin Ortho (Aerial) Phow/GIS Ocher GIS Oticer 13. Location of reach under evaluation (note nearby roads and landmarks and attach asap identifying stream(s) location): 14. Proposed channel work (if any): Nom YV (wQ V) !� 15. Recent weather 16. Site conditions at time of 17. Identify any special waterway classifications known:Section 10 —Tidal Waters Essential Fisheries Habitat Trout Waters —Outstanding Resource Waters _ Nutrient Sensitive Waters ✓Water Supply Watershed,�(I-1 V) e S M Is there a pond or lake located upstream of the evaluation point? YES If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES I 20. Does channel appear on USDA Soil Survey? YES NO 21. Estimated watershed land use: _L0 Y. Residential % Commercial '/o Industrial "/° Agricultural %% Forested L0_% Cleared 1 Logged"/o Other ( _ 22. Bankfull width: 23. Bank height (from bed to top of bank). 24. Channel slope down center of stream Flat (0 to 2%) Gentle (2 to 4%) Moderate (4 to 10%) $beep (>109A) 25. Channel sinuosity: Straight Occasional bends Frequent meander Very sinuous Braided channel Ushuetions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of )how to review the characteristics identified in the worksheet Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 m the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach The total score assigned to a stream reach roust range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Soore (timm reverse): -1 Comments: Evaluator's Sigpature-- �.8+-. �-�. 4;r W t �� I T --t. ff oT Date (41 001 101 This channel evaluation form h inten to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total seore resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or regnir umat Form subject to change - version 06103. To Comment, please call 919-876-5441 x 26. STREAM OUALiTY ASSESSMENT WORKSHEET aac nvt a0=3XF= M cosMM savams. CHAUCTE UMCB ECOREGION POI MANGE SCO coastal Piedmont Monstak 1 Preaeaee ornow ow t perms poor = stream no stow or saturation = 0• str flow =max R2rft 0-5 0-4 0-3 Evidence of past human alteration extensive alteration = 0• no alteration = maxrots 0-6 0-5 0-5 a' 3 R4uwbn zone (o buffer= 0• confiamous. wide buffer = maxpoints) 0-6 0-4 0-5 exteassive tea• no =max. lens 0-5 0-4 0-4 5� etc. = max ints 0-3 0-4 0-4 3 �» 6 Prese m of adjaoast Saodplain (no tI =0 • eve =max rots 0— 4 0— 4 0— 2 3 Entreadmemt I iloodplais seem ' cghtnebod = 0• t 9224Lng = maxpoints) 0-5 0— 4 0-2 $ Presence of adjacent wettvbds 0-6 0 4 (no wdlmxU = Q adjacent wetlands =wax rots — 0-2 9 Cbmm t shmossity extensive Chumlixation = &natural meander =max rats 0-5 0-4 0-3 a 10Sedhomt btput e ve tion= 0• little or no sednnmt =wax o— 5 0-4 0-4 11(0102, Ske & diversity of dumd bed mUtnate os= a diverse sixes max rots NA+ d 0 —4 Q — 5 Evidmoe of channel kddom or wi[dembg "Ove j&k ised =0• suable bed banks =max rats 0-5 0 — 4 0-5 hrPresmm 23 of soojor bank �nres o o d sevens emfaa = 0• no er4si stable banks =max rats -s -s 0-5,1? 14 Root depth anddeesky on bay 0 3 0-4 no visible roots = 0 dense roots #vusbout = max rots — 0-5 3 15 by +t, lis'eed wk or Undo tr prodedift2 substantial ' =0• no evidence = moot rots 0-5 0-4 0-5 J 16• Pr�ee of rmkjwoovr*pk-pool oemplexes no les or is = Q•e, veto : = man 0-3- 0 -- S 0-6 l7 Habitat compkziity ffak orao habitat =0• varied habitats =max lads Q— 6 0— 6 0 —6 Canopy roverap over strembe d 0— 5 0— 5 tso on = 0 con*um = max rots 0= 5 19 Substrate ev"dedness embedded =0• base structure =max NA* 0-4 0-4 3 Presmm of stream bevertebrates (see page 4) ke evidence —` 1-mmmntiunerousmm =wax pRift 0— 4 0-5 0-5 U'1 Ptace of ampbld►faies — m evidence -- 0 numemus = max rats 0-4 0-4 0 — 4 �1 d� 22 Presence oil► (no evidence = 0 serous s =max is 0— 4 0— 4 0— 4 O 23 Evidmae of wlldwe use m evidence = 0• abuadaut evxlcnce = max rats 0-6 0-5 0-5 O� To1slPobrts Possible 100 100 100 TOTAL SCONE (also enter on first page) 41 aac nvt a0=3XF= M cosMM savams. USACE AID# DWQ # Site #-T(-.+ (indicate on attached map) M STREAM QUALITY ASSESSMENT WORKSHEET Provide the following information for the stream reach under assessment: Mnpplicant's name: , `" 2. Evaluator's name:.-/'i� 1 o YiEVV AM h 3. Date of evaluation: 229] 4. Time of evaluation:i or), ► 0 0 t1)5. Name of stream: UT W I JC 0 &A—VI Ck 6. River basin:---garUgar 7. Approximate drainage area: 3 Q GAS 0.O S —Mi a Stream �_.-.... W 0 O V% US G S laaoj St l� ici 9. Length of reachti evaluated: "V1150 �`� 10. County:__-_- LAC., 11. Site coordinates (if known): prefer in decimal degrees. 12. Subdivision name (if any): NA Latitude (= 34.VM12): '%-- VM3 ' N Longitude (=L —77.556611):_ -19- 1 %96 tea ' LJ Method location determined (circle). GPS � Ortho (Aerial) Photo/GIS Other GIS Other 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location): 14. Proposed channel work (if army): Nom s � Pm c ryckl 1•o U') _ ---- 15. Recent weather 16. Site conditions at time of vi 17. Idesitify any special waterway classifications known: _SeDU0410 Tidgd Waters Essential Fisheries Habitat Trout Waters Outstanding Resource Waters Nutrient Sensitive Watery✓Water Supply Watershed ffq(I-IV) 18. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area ti 19. Does channel appear on USGS quad map? YES N 20. hoes channel appear on USDA Soil Survey? YES NO 21. Estimated watershed land use: -JD-"/o Residential _% Commercial "/o Industrial % Agricultural nn %% Forested 10 --/-Cleared / Logged "/o Other ( 1 22. Bankfull width: " 23. Bank height (from bed to top of bank): Q , S l " 24. Channel slope down center of stream Flat (0 to 2%) `V Gentle (2 to 4%) Moderate (4 to 10%) __ __Steep (>10'/0) 25. Channel sinuosity: Straight Occasional bends :ZFrequent meander Very sinuous Braided charnel Imtraetions for completiion of worksheet (focated on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecorepon. Page 3 provides a brief description of how to review the characteristics identified in the worksheet Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream leach roust range between 0 and 100, with a score of 100 representing a stream of the highest quality. /,, Total Score (from reverse): Ul Comments: Evaluator's Signature c0"%-. '� .�►�. �-, TDY jam'! &TI f'�, K Date U il D-1This challmel evskmdon form is intended le be need only as a guide +toasssist landowners and environmental professionals In gathering the'data required by the United States Army Corps of Engineers to make a preliminary assessment of stream qual"Y Tie total score n mking from the eampletion of this form is subject to USACE approval and does not imply a particular mitigation ratio or re"iremmt Form subject to change - version 06/03. To Comment, please call 919-876-8441 x 26. STREAM OUALITY ASSESSMENT WORKSHEET 2 � ECOREGION POxNi' RANGE SCO Coastal - 0-5 0-6 Piedmattt Mouuta Pteswee of now t persistea4 posit in stream no tdow 0r satmtL n = 0 Plow =max itxts 0-4 0-5 2 .� Lvidsynoe of post hssmm�tn aiteratiion (R -sive 8—b"Am = 0- no altecsfion = max ims 0-5 0-5 3 3 sone buffer= 0 btd%r = max Raints 0-6 0 — 5 0 —4 0-4 0-5 3 4 g 6 Evidsntce of Whignt or clerical Awdunts extensive et ; © noes = max int) Gra"dwater dbd my :mn Ppim0-3 (noPresentee of tt jacast floodplain 8 = 0• ext usive = tnax rots 0-4 0 —4 3 0-4 0-4 0-4 0-2 7 g EntawmAra ®t ! flsodpbdo &emu ealx+en�oheci = 0. fre t =max iitts Pftuuft.of adjaoeat wetlabds Lao 14 =0 ad' wetlsnds = mssx rots 0— 5 0 — 6 0 — 4 0 _ 2 0 — 4 0 _ 2 _f 9 Cbsa d y extellm 2hmrmelirati0n= 01ndmW meander =max rots 0-5 0-4 4 0-3 10 Sedhwat iimput � = 0 little or no int = 0-5 0-4 0-4 i t max She & divers#y of dumd bedhstrate us:m 0' diverse sizes = tttax irtts Evldestee of dmmd i�sion or Widening" inci$ed = 0• stable bed & banks = max lata0-4 P otms�jsr bask fiSa ' severe mon - 0• m erosi stable battles= max lits Root dstt and 4ensky an banks no visNa roots = 0• dense roots thwuRbout = msec into by aWialtam, livests, or timberpradn s tml �no evidence = max lata no Pr+esence of rioe�pooNripple-pool eomplexes or is = 0• well�ficvelo = max ims or n0 habitat t 0 boaltyatiodhabitats =max .rods NAIL 0-5" 0-5 0-3 0-5 0 3 0-6 0-4 0 — 5 0-5 2 d 1,2 3 M4 ' 5 16 0-5 0-5' 0-4 0-4 0-5 0-5 0-5 0-6 J l7zity 0-6 0 -6 4 $ Ca"PY covr a aver tteembed no on=0. ouse _ 0-•5 0-5 0-5 9 Sobsteate ennbeddednets embedded = 0• loose shaetmv = max Presence of stream blvertebrates (see page 4) NA* 0-4 0-4 evtde m— 0' dimerous s= max 0— 4 0-5 0-5 21 Presence, of ampl�iaQs no evidptcc =0; nwtlenous types =aims 0 — 4 0-4 0-4 1 2 Q 22 Presence oftsah evidence = 0• ntnnwous = max0 — 4 0-4 0-4 Evldeme of wilier use mo evWmce = 0- abundant evidence =max itrts 0-6 0-5 0-5 O 3 Totem Paints Possible 100 100 100 = ' " TOTAL WORE (tilso enW 011 first page) * T! hi ese Chw' w -'A [7sbu are not assessed m ;;;—mWA�mams. (Q (P 2 USACE AID# DWQ # Site #2— (indicate on attached map) STREAM QUALITY ASSESSMENT WORKSHEET Provide the following informa&n for the stream reach en under assessmt: 1. Applicants name: a L Evaluator's name: lxf oyy, EV1V (yb hVVI-A� 3. Date of evahuation:�A\{ 20- , 00 T J( 1- 4. Time of evaluation:_ S. Name of stream: � #V W 1 Id( at &(W C% 6. River basin: u Qr 7. Approximate drainage area:ar y `c:t° +, t�i1 +r» i �� $. alreatn z_... N Ot t) VS %s A 40. •� h,u.,t t] 9 Length of reach evaluated:_11,V1,50 fr 10. County:_ LAR... 11. Site coordinates (if known): prefer in decimal degrees, 12, Subdivision name (if any):_ NA Ltitude(ac348T12 ' S .�2tv1 Iry Ingitnde (oc1.SS6611): -14I - b i l -W Method loesuca determined (arae)- GPSQl�p,o, Ortho (Aerist) Photo/GIS Other GIS Other 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying streams) location): 14. Proposed eharmel work (if any):_ N a ( i D Irt,Se,1� V A�1�o h , - I-- 15. Recent weather 16. Site conditions at time 17. Identify any special waterway classifications known: _Sectipn 10 Tidal Waters Essential Fisheries Habitat Trout Waters Outstanding Resource Waters — Nutrient Sensitive Wates water supply Watershed ff (I-IV) 18. Is there a pond or lake located upstream of the evaluation point? YES NO Myes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES NO 20. noes channel appear on USDA Sail Survey? YES NO 21. Estimated watershed land use: A —O% Residential % Commercial % Industrial % Agricultural ` %% Forested LO --/.Cleared / Logged _"/o Other ( ) 22. Bankfull width: ! fT height (from bed to top of bank): 0' b 24. Channel slope down center of stream: Flat (0 to 2%) 25. Channel sinuosity; Straight � Occasional bends Gentle (2 to 4%) Moderate (4 to 10%) _--.Steep (>10%) Frequent meander Very sinuous Braided channel 128116960112 for completion of weAdieet (located on page 2): Begin by determining the most appropriate ecoregion based on location, Urz=, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of )low to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest). )he stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stresnti reach must range between 0 and 100, with a score of 100 representing a stream of the highest maty. Total Score (ftem reverse): � ® Comments: Evataatoes Signatore� t.�h «Z", y�qT V�. oy W–I I i V"t'Rf u Date �11 i 10 This ahamel evab den, form irr intended to be used only as a guide to assist landowners and environmental preflesslenals in gathering the data requited by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resalting *om the completion of this form is subject to USACE approval and does not imply a pardcubrr mhlgatna ratio or requirement Foran subject to change – version 06/03. To Comment, please call 919-876.8441 x 26. STREAM OUALITY ASSESSMENT WORKSHEET — nava aamummu iu wnsuu screams. GHARACPERIS'1TCS ECOREGION POINT RANGE SAY Coastal fled moett U000016 Presence of liow f persistent fools its stream or souatiflaw na flow on = max rots - 0 0-5 0-4 0-5 l Evidence of past human alteration extensive alteration = 0• no alteration - maxpoints) 0-6 0-S 0-5 O� 3Ripadan sone0;-6 >m buffer = 0• canti wide buffer = Wane prots 0-4 0-5 3 4 Evidence of 1mbient or chemical diad wx" extensive = 0• no disd4mues = max 0-5 0-4 0-4 r i 5 Croemdwater diseba rge etc. = max 0-3, 0-4 0-4 6 Price ofadjaeent floodphiin i ti = 0 extensive = max points) 0-4 0-4 0-2 � 7 E rste+ t!�seem enfxenched= 0 t =max rots 0-5 0-4 - 0 2 g Presence of adjacent wsthbds (no 2"Okk = 0 ad' winds =max rots 0- 6 0- 4 Q- 2 extensive g iibution = 0 natmW meander = maxrots d—s o—a 0-3 2 10 Sediment fopnt exdesrsive = 0- htW or no sediment = max 0-5 0-4 0-4 11 Sine & diversity of dumd bed mbstraft 50100, ns = 0 divase sizes = max rots Evidence of tdtaenel moa or widening NA* 0-4 0 - n o� 12 *inciadd = % stable bed & banks = maxrots 0-5 0-4 0-5 "+ 13 Presence of major bank fifflnres ' severe ems= 0- no ernsi stable beaks - max ins 0-5 0-5 0-5, 14 Moet depok and density on banks 0-3 no visible roots = 0 dense rants throuWmit -max inns 0-4 0-5 3 5 Impact by azrialfase" livestock, or th"er Pin ' sabs4aatiai � no evidence = max inns 0-5 0 - 4 0-5 03 Pr+esaotce Of W11"eeil ' 1 1„ r 16 rr#ileshi or is = 0• well-developedwe-dcomplexes complexi 0-3, 0-5 0-6 19_ ftle or no habitat=H•ab� ybitats =marx iuPJ 0-6 0-6 0-6 111 Canopy covOW over stmambed On 4@ft vemation.= 0• coutiunons "nopy = max ROPW 0-5 0-5 O_5 1.0 $abatrate esosbeddedness -0• loose =max NA* 0-4 0- 4 2 0 Presence of sh"m invertebrates (see page 4) tj evidence = 0• mnm numerous = mau 0-4 0-5 0-5 7 21 Presence, of amphibians 0-4 0-4 no evidence = aonmarp awacrons = MM rots 0' 0- 4 D wQl Presence oammntm evid�ee = 0 erns = mgx t$ 0 - 4 0-4 0-4 23 Evidence of wildwe use no evidmtce = 0: db-u-u&at evidence = neat fats 0-6 0-5 0-5 TOW Po6tta Possible 100 100 140 TOTAL SCORE (also' ester (m first page) � 0 . IM— -- --- --- - — nava aamummu iu wnsuu screams. USACE AID# DWQ # Site # (indicate on attached map) STREAM QUALITY ASSESSMENT WORKSHEET Provide the following information for the stream reach under assessment. Mark, 1. Applics/'N 1 at's name: W n,,, 2. Evaluator's name: O rk, 0c & Date of evaluation: Mom 2 1 4. Time of evaluation: O S. Nam of stream: IAT to Wilt�ce aayl 6. River basin: Par 7..A,pp udmate drainage area- S Q CM- b, 01 W1ti �'� 8. �ueam 9 Length of reach evaluated: Y�� 10. County: !� � 11. Site coordinates (if ]mown)): prof,, in docci lural dogmas. 12. Subdivision name (if any): r� pNA + i Latitude (ea. 34.WM12): 3. j y Longitude (= 77.556611). { I 1104 1 W Mothod location dow u fined (circle)r GPS Ortho (Aerial) PhotdGIS Older GIS ()they I& Location of reach under evaluation (note nearby roads and landmarks and attach map identifying streams) location): 14. Proposed channel work (if any): N 0r "DVLCA_V'VCkjjOh - 15. Recent weather conditions:1 � "y 16. Site conditions at time of visit: d . Ina+ . Ct jv%"-% h 17. Idea* any special waterway classifications lmown: ,Section 10 Tidal Waters Bssential Fisheries Habitat Trout Waters Outstanding Resource Waters, Nutrient Sensitive WateWater Supply Watershed (I -Iii J 18. Is there a porgy or lake located tupstream of due evaluation point? YES NO If yes, estimate the water surface area:_-- I a qne.. 19. Does channel appear on USGS quad map? yES 20. i)oes channel appear on USDA Soil Survey? YES NO 21. Estimated watershed land use: k% Residential % Commercial T/o industrial % Agricultural % o Forested LO -1/6 Cleared /Logged ___2/.Other( ) 27- Bankf dl width: 2 k Bank height (from bed to top of bank): U . S t 24. Channel slope down cmter of j Flat (0 to 2%) Gentle (2 to 4%} Moderate (4 to 10%) _Steep (>IO`/o) 23. Channel sinuosity: ,._ Straight J Occasional bends Brequent meander Very sinuous Braided channel InstnIefis s for completion of werlcsheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegtation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a charactetistic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment sectirm. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest) hoe stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach The total score assigned to a stseattf reach upset range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 2- Comments - Evaluator's Sigassture �. �'!t� �oY U'1 It 4f CK Date 4 l I q/ o 7 This dwmd evaluation form is intended to be urea only as a gnide to assist landowners and environmental professionals in gathering the +lata required by the United States Army Corps of Engineers to make a prefinduM assessment of stream qvwft- The total score reg Som the completion of this term is subject to USACE approval and does not imply a Particular mitigation ratio or requirement: Form subject to change - version 06/03. To Comment, please call 919-876-8441 x 26. STREAM OUALITY ASSESSMENT WORKSHEET as UVF, ambo mu Rl Cua3 81 suc mS. CHAUC ERIMCS ECOREGION POM RANGE Coastd Piiedmont Motmtain x , Pr+eaeee of flow! persbtest peak in stream Am or saturation = 0 flow = max Ws 0-5 0-4 0-5 3 Evidence of past boom dtendb a 6 exLmnsiveatteration=0•noalteration =max 0_ 0- 5 0- s 2 Ztiparmn zona buffer = 0 Conti wide buffer = m= into 0- 6 0- 4 0- S 4 Evidoaee of imbieot or tbemi�ed dbdWwdes 0- S 0- 4 0- i extensive = 0 no es = max 4 ra 5 Gromdwater diisdmV – nodi – o sEim mem, wokaCut, etc' nux points) 0-3 0-4 0-4 �+ 6 Presence of adjacent Goodplab nu #t lana =a• wdmsive =max rots –4 0 –4 0-2 2 T voodp0 � lom e - max rots 0-5 0-4 0-2 Q $Presesm o n jaeowds msxrots 0-6 0-4 0-2 2 9 drafted ve C natural meander = a nameander =max iats 0-5 0 – 4 0-3 IO 0-5 0-4 0-4 Z Stiapast exbeasive - 0• Hale or no sedmmt = mxlnft 11 Sim do diverWy of d woad bed � us = 0 diverse = iats NA s 0-4 0 - 521 sizes max �� 12 Evidence ofa amd kdswnor widonmg incised = 0• stable bed dt banks =. maxrots 0-5 0-4 0-5 0 l i 13, Presence of =�jor beak faifarer ' sevme erosaon -- 0• no amps,stable banks = max rots 0 - S 0 - 5 a - S' 14 Root depth and density on banks 0-3 2 no vis�bte roots = 0• dense roots ut = Box go�mgs 0-4 0-5 r,15 �p bYsZflevftM liveshwk or limber prodoc&n substantial nupm no evidewc =max isats 0-5 0 – 4 0-5 16 Presenae of tusapeollripple-pool complex" � or is =ti well-deveto =max 0_ 3 a- s o- 6 17 Habitat ceispiezily or no babitat 0' varied babitats = max rots 0-6 0-6 0-6 2 18(no Catropy eovesW over atmmbed dading y on = a• coatkmww = max rots 0-5 0 – 5 0—' 5 19 Substrate embeddedness embedded = 0• Wm Ampture = max NA* 0-4 0-4 20 Presence of stm= Invertebrates (see page 4) evidence = n-woas =meat 0 - 4 0-5 0 - S 21 Pressaee ofx0phibius no evidence = a comm�o nu ro= = max rots 0 --4 0 -4 0 -- 4 1 D �:2 Pnese ons= no evidence - 0 , n tvm =Potts)0- 4 0- 4 0- 4 O 23.1Evidence ofwSdkfeuse ^ no a ditEe = 0• �t evidence = vmx rots 0-6 0 - S 0-5 c Total Pofatts Possible 100 104 Ilio >. . TOTAL SCORE Ston mac ) 2 as UVF, ambo mu Rl Cua3 81 suc mS. USACE AID# DWQ # ^ 4site # TE (indicate on attached map) STREAM QUALITY ASSESSMENT WORKSIMET Provide the toibwing information for the stream reach under assessment: 1. Applicant's name: Gyi 2. Evaluator's name:_ /"i io ne ! GjV 1 Y i► "nl.-L. 3. Date of evaluation: -MOM 2W-1 4. Time of evaluation: O S. Nance of stream: UT 7jb 6. River basin: COX P &r 7. Approximate drainage area: L suvam--_.__._Not phys65 !gyAJ 9. Length of reach evaluated: ti l 5 b 10. County:_ Il. Site coordinates (if Down): prefer indecimaldegrees. 12. Subdivision name (if any):-_ NA Latitude( 34.872312):-.1 v Longitude(es 77.556611): 19, 1 0615 W Method hmatim determined (c dq): GPs lZjOrtho (Aerial) PhoWGIS Other GIs Other 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location): TF swvyw-n 14. Proposed cbanmel work (if any): 15. Recent weather conditions._ Qwu 1thC 16. Site conditions at time of visit: clvd . Y1n'f' iUnvY --4 17. Identify any special waterway classifications known: —Section 10 Tidal Waters Essential Fisheries Habitat Trout Waters Outstanding Resource waters , Nutrient Sensitive Wates Water Supply Watershed f(I-Ii) 18. Is there a pond or lake located upstream of the evaluation point? YES Q If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES 20. Does channel appear on USDA Soil Survey? YES NO 21. Estimated watershed land use: _1 V % Residential % Commercial %Industrial % Agricultural %% Forested 10—Y- Cleared / Logged % Other ( ) 22. Bankfull width: I f 23. Bank height (&oust bed to top of baulk): O 24. Channel sl down center v o slope of stream /,_,Flat (0 to 2°!0) Gentle (2 to 4 /o) —Moderate (4 to 10%) _Steep (>10%) 25. Charnel sinuosity: Straight J Occasional bends Frequent meander very sinuous Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecorepon based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified m the worksheet Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), do stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach The total score assigned to a sheam reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Store (from reverse): --:.G.®' .. Comments: Evaluator's Sigaratere �'°" - ►�*'t K" �Ol� will ji#cn Date u/14 t of This channel evalmrtion form is oaended to be used only as a guide to assist landowners and environmental professionals in tl 6criog the Asta required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total more resulting from the completion of this fsrm is stabject to USACE approval and does not imply a particular ratio orregeriremeat: Form sub to change _ version 06/03. To Comment, please can 919-87645441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET CHARACTERISTICS ECOREGION POINT RANGE Coastal Piedmont Mouantain F' , of flog r persistent pools is stream no flow yr satutalit = 0 flow =max nits 0-5 0-4 0-5 ' 2 Evideuee of pest boons alteration Lcoaft alteration=0• no alterstian =max p_ 6 0- 5 0- 5 Z Ripartim zone nD buffer= 0' eortti wide buffer = max 0-6 0-4 0-5 A of ameitrfwrt �emical 0-5 0-4 0-4 3 5 Gdsvater diarpe im e = 0 etc. = max into 0- 3 0-4 0-4 «+ Preseace ofadjocent fleodpldn -A=0•extensive o—a o-4 0-2 3 7 fhtrancbmsnt r floodp� #cocas Q` eJ*ft ehed = 0' fie fl = max rots 0-5 0-4 0-2 2 8 P108Cruee of adjacent wetlaltds no wetlands = 0 ad" weds= max 0- 6 0- 4 0- 2 C6anad dauselty esten9ive chmmlization = 0• n = max rods 0-5 0 - 4 0-3 10 Sediment input TV (aftspive= o- ntac or w t=max 0- 5 0- 4 0- 4 1 ] she & diversity of dnund bed substrate us =(1mv, diverse sizes = max R2jLAj8 NA*44 0-4 0-5 2 12 Rvideace of chancel ikon or wideabrg i ea =a gft bed& bay =rte ;� 0-51 0-4 0-5 3 13- Presemoe of major back finers i� sevm+e ca=0,np stable banks =max into 0-5 0-5 0-5' r 14 Root &pdt and dealt an boults (no visibleroots = 0• dense mots thro ut = max hots 0-3 0-4 0-5 2 Inanpact by macer livestock, or timber production ' =0: no evidence = max imus 0-5 0 - 4 0-5 16 Presence of rimae powripple pool complexes (90 leg or 00018 = 0• well-denloved = max 22ift 0 �1 0-5 0-6 17 or rto habit -Qabivatred Nabi =max into 0-6 0-6 0 -6 $ Canopy coveee over streambed (UDv tion = 0• contbruaus =max s 0- 5 0- 5 p g 5 3 �p l3abatrs�te embeddedumss embedded. = 0• loose xmwtur+e =max NAr 0-4 0-4 2 Presence of stream invertebrates (see page 4) (no evidence = 0 uatnerous = max 0-4 Q - 5 0-5 l Presence of amp"Wims evidwrnce =iau =max nate 0-4 0 - 4 0-4 22 Presence Of fish g�-- y,ntts tAm = max into 0-4 0-4 0-4 (� Evidence of valfe an ren evidence = 0• abundant evidence = max into 0 -b 0-5 0 - 5 TotadPointa Possible 100 100 100 - L TOTAL SCORE (also mta On first page) APPENDIX C NCDWQ STREAM DATA FORMS Wildcat Branch Ecosystem Enhancement Program Appendices Jurisdictional Area Delineation Lee County, North Carolina North Carolina Division of Water Quality - Stream identification Form; Version 3.1 Date: M0 2007 Project: UUi id [alt Ura"%f�1 Latitude: ! ,32�.P®' N Evaluator. AXt oVYt en4m . Site: - M Longitude: -jj , jq j 3 * W Total Points:other MUrdn i S oOrt0wh . SIMM is at feast IrrtemUtGerht 32 County: Lee. e.g. Quad Name: i/219 or Mal Jf 230 + A. Geomorphology Subtotal = �. Absent Weak Moderate Strong 1a. Continuous bed and bank 0 1 2 3 2. Sinuosity 0 1 2 0 3. In -channel structure: ' I sequence 0 1 2 3 4. Soil texture or stream substrate sorting 0 1 2 3 5. Acdve/reli floodplain 0 1 Yes 3 6. Depositional bars or beaches 0 1 2 3 7. Braided channel w1 FAC r'0.6 5 2 3 8. Recent alluvial deposits 0 1M 3 9' Natural levees 0 1 2 3 10. Headcuis 0 2 3 11. Grade controls 0 0.5 1 U5 12. Natural valley or drainageway 0 0.5 1 1. 13. Second or greater order channel on existiog USES or NRCS map or other documented evidence. Yes = 3 Man-made ditches are am tated; see discussions in moil �► Y R Hwdminnv fAl ihtnfal = -1 . _7 1 14. Gmundwater tklwidische 0 1 1 0 3 15. Water in channel and > 48 hm since rain, or Water in channel - dry or arowim season 0 1 2 3 16. Leatlitter 1.5 23. Bivalves 0.5 0 17. Sediment on plants or debris 0 0.5 1 1.5 18. Organic debris lines or piles (Wrack lines) 0 0.5 CU 1 1.5 19. Hydric solle redoximorphic features) present? 0.5 No = 0 Yes 1.5 C_ Rinlnov ISuhfntal = & . by 1 21P. FibQ roots In channel 3 1 0 210. Rooted plants in channel 3 2 1 0 22. Crayfth 0 0.5 1 1.5 23. Bivalves 0 1 2 3 24. Fib 0.5 1 1.5 25. Amph 5 1 1.5 26. MaarobeMhos (note dhrerslty and abundance). 0.5 1 1.5 27. Filamentous aa; pedphyton 0 1 1.5 28. Iron oxidizing bacteriaJfu ue. 0 1 1.5 29 . Wedand plants in streambed FAC r'0.6 5 FACW = 0.75; OBL = 1.5 SAV = 2.0; Other = 0 Ifehm 20 and 21 focus on the presence of upland plants, Item 29 focuses on we presence of squabc or weuana prams. Sketch: Notes: (use back gide of this form for additional notes.) North Carolina Division of Water Quality - Stream Identification Form; Version 3.1 Date: (I nMl P": -t-w�i 14 rat -BrahcF, Lam: � - 3211 d N Evaluator. AXt om E Vivi i . Sae: p S'�Y�C-a1YYl Longitude: -71 .1014-W Total PolMs: Other ntlurt h s�a+a�a►s ergarhtemd w Zc , Dot y: L2¢, i s oYti'own . Af a 1a a NZ 30 ..� e g Quad New. A. GleonmrpholoqV (subt" =_j fe. O Aboint Weak Moderate Sbvm 15. Water in dwAWW mind:o 48 Ins shm rein, or Water in dnannsi - d or season 1a. Continuous bed and bank 0 1 2 M- 2. 0 1 0 3 3. In4annei structure: tulle -pool sequence 0 0 2 3 4. SOI twftm or stream substrate 0 1 1 1.5 3 S. 0 1 27• Flarnert m 3 6. bars or benches 0 26. iron ondd badedeft 29 . VYMMM plants in streernbed --+FAC 2 3 7. 8rmided diannel 2 3 S. Recent alluvial0 1 2 3 90 Natural levees 0 1 2 3 10. Headmrds 0 2 3 11. Graft owdrois 0 1 1 12. Naltnal vafty or drakogw&w0 13. Second or greater order ctmvw on existino USGS or NRCS neap or outer dommm ted ovkhmm. -- 0 ,,' , Yes = a ,..� a+cww ao ooi Sawa; sa .fitt Yfom m sal B. HvdmImv (Suhtnw = 14. C,rourmkvdw 0 I, 2 3 15. Water in dwAWW mind:o 48 Ins shm rein, or Water in dnannsi - d or season 0 1 2 3 16. Lames 1.5 1 0.5 0 17. Sediment an or debris 0 1 1.5 16. debris les or Ines 0 1 1.5 19. Hydric sols redaaimarphia features pmgrtt? No = 0 Yes 1. 1 1.5 C. Bk11oav (Subtotal= (%,s 1 • Ferrous roots in channel 3 2 1 0 21 . Rooted plante in channel 3 1 0 21 0 p. 1 01.5 2• Bivalves O 1 2 3 24. Fish 0 0.5 1 1.5 2rL Anvhtftm 0.5 1 1.5 �. MacooberMltos ( and atr�ndanoe 0 0.5 1 1.5 27• Flarnert m 0.5 1.5 26. iron ondd badedeft 29 . VYMMM plants in streernbed --+FAC A0.5 0.5 FACW = 0.75; 08L =1.5 1 1;5 SAV = 2.0; Odie► = 0 Amms w saa a. mm game pmem orapum plant, lomat 29 foaues on 64 pmmna of agwWc or wetland plant. Notes: (we back side of fids fans for additional nates.) Sketch: North Carolina Division of Water Quality - Stream Identification Form; Version 3.1 Dab: MON 2001 Project- w; Id ct Trahch : , ,�2' N Evetuetor. AXj pm G�vjko - ala: . St S-t•1rt.�t v -v1 t ongituds: -11 . i �'W TOW Polnts: Other Mvv(.6 j S a v-frOwh . senor to of least lnhmeNlent "_; I county: Le -C, e.g. Quad Nanro: rralDor era 30 A. Geomorphology (subtotai = 2 .O 'Mt made tiildtes Absent weak Moderate Sbw 3 V. CoMimmus bed and bank 0 ito 2 3 2. Sinupeft 0 1 2 0 1.5 3. lodes eel structure: rpejool sequence 0 1 1 W 3 4. Sol torture or streent subshata 0 110 L Yea f 3 5. AdvMWc 0 f 2 CJ3 6. bets or benches 0 1 1 3 7. Braided don" 0 1 1 3 S. Recent aNtPM dq=fts b, 0 0.5 2 3 9 a Nek" kwees 0 1 2 3 10. Headcuts 1 2 3 11. Coreds controls 0 0.5 1 12. Ndural yefty or 416iognmy 0 0.5 1 .5 13. Second or (pester order channel an ggkft UWS or NRCS map or odw documented evldertee. ' j Noe Yes = 3 we cot used; so dixwsions in mmaal +' R MWIMIr. 14. C,roundwafer 0 1 2 3 15. VYeter in charnel and a 48 sus since rain. or Wdw In dwW - dry or &waft esewn w 0 1 2 3 16. Leenllitfer 17. Sediment on pkwft or debris 1.5 0 1 0.5 0.5 1 0 1.5 18. Orwft debris Ines or Nnes 0 1 0.5 1 W 1.5 19. Hydric saft redmdmog Nc restates present? No = 0 0.5 L Yea f 1.5 . FNtr n roots in channei 3 2 1 0 21'. Roofed pWft in dmwW 3 2 1 22. Crayfth to -)0.5 1 1 ° 1.5 23. Bh eNea 1 2 3 24. Fish 0.5 1.5 26 0.5 1 1.5 26. Maaobenthos (note dkvn ttq and aki=knoe 0 0.5 1 1.6 27. FNemwdwA slqw, 0 0.5 1 1.5 28. Iron oxiftno bacterhAing An. 0 0.5 1 •.1.5 296. VftMnd plurft in streembed FAC = 0* FACW = 0.75: 08L. = ,1.5 SAV = 2.0; Other = 0 iteroe 20 sea 21 ince on the ptesenot of %*Md puna, Item"ftowim on the presence or aquwc or w tumor puny. Notes: (use back side of Oft Own far additional notes.}: North Carolina Division of Water Quality - Stream Identification Foran; Version 3.1 Dab: fY1a ZO�i wi 1d cat �traY►�h 3� .32 2' IV Onkaftr Axl am -7'1 W Total Parols: oe w rnvrcAn i S * V-eO wh . sbwn><orekmInl rrrr11 125d CM". Lea, a grans: r:18or X: oro A. Geomorphology StiDtoeal a LP• Abeaet Weak Moderate StMM- 3 Is. COOMM bed and bank 0 1 2 3 2. Skpj=ft 0 1 2 3 3. In4harmel sbUCkn ' 0 1 2 3 4. Soil bOct n or scream subdMIs swft 0 1 2 3 5. AOtivshk 0 1 2 3. 6. bas or bwwhes 0 2e. iron bsp§M* -nom 2 3 T. &aided drannel 0 1 2 3 8. Rewt a kwW dqmft 0 1 2 3 90 NOW levees 0 2 3 10. Hsadares 1-2 3 11. Grade conbols 0 0.5 1 15 12. NahwM veft or drakugsway 0 0.5i T•5 13. Ssooad or Wes tw order duumd on IMGS or NRCS map or ocher documentedN� evi kwM. ,{ Yes = 3 -Ma made 111 1 we act rated; on ANCOMi0os is raMW 0 n � 14. GMWWW tw Spo 3 1 2 3 15. Wd w in cha w and y 48 hm since rain, grl�1 Wdw in dwnW - a season 00 1 2 3 18. Lea1N'8Sr 1.5 1 j 0.5 0 17. Sedhnwd on plwft or debit 0 0.5 1 1.5 18. On3anic debris eines or pOss (Wrack Ones) 0 O.JS 1 I In 1.5 18. softs mdordmorphic teskm presets? 0.5 No = 0 Yes NO.5 t`. ii Anrer = 9 -14 . Fibrous roofs in Channel 3 2 1 0 21 . Rooted pWft in charnel 3 1 0 22. CMykh CO -).5 1 ° 1.5 23. Bivalm 0 1 2 3 24. Fteh 0.5 1 1.5 25. Amphftm 0.5 1 1.5 26. Maorobenthos noes dW*mNy and a*x damle • 0.5 1 1.5 27. Fiiamwftw ; pwWIon 0.5 1 1.5 2e. iron bsp§M* -nom 0.5 1 1..5 29 . Weband pleft in I FAC a 0.5; FACW seb.ft 09L 1.5 SAV = 2.0; OWW = 0 - Neoot 20 too 21 foal oa tdo pmewd ofapkndpin% hem 29 f*mm on th pmem ofagwde oraoaaoa pleas. Notes: (was back side of Oft form for ndditiwW aches.) Sketch: North Carolina Division of Water Quality - Stream Identification Form; Version 3.1 A. Geomorphology Subtotal 1'. Ca ttirutous bad and bank Ab!ent 0 Week 1 Modem 2 Stram 3 2• Mmmft 0 1 2 1 1 3 3. k channel sbutburs• ' segue= 0 1 2 18. debris Naas or p&m (Wrack tines) 3 4. Sdi texkue or dream substrate saftV 0 1 w S 3 S. AdWshok foodplain COV 1 2 27. Fkmentmn 3 6. bans or bendtes 0 1 2 ()'5 3 T. Braked channel FAC = 0.5; FACW = t 2 3 8. PAXWd CAUVIal deposits 0 1 2 3 9' Nab" Isvaes 2 3 10. Hw*ub 0 2 3 11. tirade conftb 0 1.5 12. Nd wal yefty or drakumeway 0 0.5 1.5 13. Seoortd or greeter order d on USGS or NRCS map or other documented evkbnos. :' No (@ Yea= 3 moo wRow ase noc t:<eo� eee m AlIgW1 9. Mvdneloev Mt*imml = l 0. x y 14. Groundwater Aosr! y 0 1 2 3 15. Wdsr In dmmW and > 48 hrs sktoe rain. a„g Water In dwsmW - or seam 0 1 2 3 16. Lealli�t 1.5 1 0 17. SK*nwd on pkft or debris 0 0 5 1.5 18. debris Naas or p&m (Wrack tines) 0 0. 1 1.5 19. Hydft soils No = O S Yes 1.5 C. FJIOkW (SubtM 1 MF Fibrous mats in dra mW 3 1 0 219. Rooted pkm in dmmal 3 1 0 22• 0 0.5 1 91.6 23. Bivalves 0 1 2 3 24. Fish 0.5 1 1.5 • AmWb1ws 0 S 1 1.5 28. Mowabudm nab sm ali'rndanm 0 1 1.5 27. Fkmentmn 00.5 1.5 28, loon oWbft bacc bsiaft 0 ()'5 IV 11.5 2i3 . Wetland pMft in skeembed FAC = 0.5; FACW = A765 OOL =1.5 SAV = 2.0; Other = 0 � w imo ar wm sn me pnettac ' ofaplesd PhU Irene 24 facum os this preeenoe of si1we or w9dmd pienW Notes: (use back side of Oris form for add ftW notes.) Sketch: North Carolina Division of Water Quality - Stream Identification Form; Version 3.1 ore: (Y) ca 2007 Propwt. wi Cj CAt "8Y-AV1 h t atkude: 35.nVN Evalusbr. Ax o m (Wvm . site: IF 'O AM LmM& de: -19 , I M 5 ' w Tate) PoMts: Ot1w r m.6 i . is ar toss Wer" NOW ��. County: L e -c e p Quad Maros: S is Yt i0 wh Nsi9a n:3o A. Subtotal = Absent Weak Moderate 15. Water in dls wW and > 48 hm skfoe rain. gr Ntaterin Own* - or season 16. Con>tnuous bed and bank 0 1 1e• Eutaw 3 2• Skmodty 0 1 2 3 3. to dnnnel ebudere• ' uenoe 0 1 2 3 4. SM teldure or Wtraem subegate swft 0 1 2 3 5. AdWek*ft 0 1 27• Flarrlenkm 3 a. DepoftmW bars or bendtes 01 28. Iron *Mtdpg bas3eriarht 2 3 7. Braided dwnnel 1297. Weland pWft in sbeembed 1 2 3 a. Recent eluvial dopmh 02 3 9 a Naiurai levees 1 2 3 10. Msadarls 0 2 3 11. Grade oontnlis 0 .5 1.5 12. Natural vaPAy or 0 1 1.5 13. GOWR or Qraater order dwwwd an ,tl USGS or NRCS map or other charm tad evidence.I No(= 0 J �, �./ , r Yee = 3 Wn roams are as raaeq aft in B. HWrolndv (9Ld2hAa = I .) 1 , 14. Cnotrndwatter 0 2 3 15. Water in dls wW and > 48 hm skfoe rain. gr Ntaterin Own* - or season 0 1 Q 3 1e• Eutaw 1.5 1 0.5 _ 0 V. Ssdkvwwd anpWft or debris 0.5 1 1.5 18. OWft debrb Imes or pies Nnse 0.5 1 1.5 19. HYdft sols redcxkrm Mc lleahlros preserft? No = 0 Yes 1.5 C. Bkkm (Subtotal = 1. n 1 . Fibrous room in &tunnel 3 1 0 21'. Rooted pWft in dwnW 3 1 0 22. Opyfth 0 W "1.5 23• BNalm 0 1 2 3 24. Fbh 0 0.5 1 1.5 25• 0 0.5 1.5 28. Macrobenthos rats and 866darrce 0.5 1 1.5 27• Flarrlenkm 0.5 1 1.5 28. Iron *Mtdpg bas3eriarht 0 0.5 1.:5 1297. Weland pWft in sbeembed FAC0.5' ACW - 0.75; Otic. =1.5 SAV = 2.0. 00* = 0 � w MG zr iec= ca me prance! 9fiplaod ptatr, b= 29 focwa as Ilse pwomm of agottic or wedaod plaah. Notes: (use back We or this form for additional notes.) Sketch: North Carolina Division of Water Quality - Stream Identification Form; Version 3.1 Dab: ma Zoo'1 Proleo: Vii ld cat-3ra"Oi _ 35. T$ -TN -EWuaftr AYCDM envvm, sia: 3-T S-tlrtam l.ongfirtde: -7 cl ! OtP'W Total Polyds: Saanr1sarlenthowwfsat 11, 0 caurtty: (�2¢, a.Q rvlvrr IScYr1"owY1. Mt18er Ns 30 ��°' A.C-W=MhokM Mubtatal- IV -0 A"Ont Weak Moderate 15. Wader in drermtd and > 48 hm since rain. gg Water in dwwW - or season V. CoMYmous bed NO b" 0 1 2 3 2. S Soft 0 17. Sediment on pleffle or debris 2 3 3. Inchanrrst ebuchm ' uetroe 0 0 1 2 3 4. Soil iexlitra or dream subebaw sorgM 0 1 Yes 1.5 3 5. AdWafte c n 1 1.:5 1 2 3 6. DepoObW bars or beaches 0 1 2 3 7. Braided drannel ORD1 2 3 S. Recent aNUVkd d ,� 0 1 2 3 0' Natural Wees 1 2 3 10. Msadculs 1 2 3 11. wade conhols 0 1 1.5 12. Naval valley or 0 (0.5-) 1 1.5 13. Seoond or Wester order drarrrrel on NNi USGS or NRCS map or other documented evidence. • No 0 ,, Yes = 3 MENnaae enmea we &M mored; see dons in enDsul �' B. lfirda�icrav (subteRal = 5, b � 14. ftwmbdww 0,11.1 2 3 15. Wader in drermtd and > 48 hm since rain. gg Water in dwwW - or season 0/+1 V 2 3 16. Lra~ 1.5 1 1 0 17. Sediment on pleffle or debris 0 S . 1 + f 19. debris Nned or pbs wradtrhes 0 1 1 0.5 19, soft redoocifnorphic baluns present? No = 0 Yes 1.5 C. Bkrloav (Subtotal = ,2.0 1 . Fbrow roots in dmnnel 3 2 1 0 21'. Rooted pWft in statural 3 2 1 22. Creyfth 0.5 1 ° 1.5 23. Bivalves 1 2 3 24. Fish 0.5 1 1.5 25. Amoftbm 1 0.5 1 1.5 28. Maerobenthod rote dwen* ow windenee 0.5 1 1.5 27. FNanrar4ous ;p!rVW0.5 1 1.5 28. Iron oxkUzft lb to affurgm. 0 .5 1 1.:5 29 . Wetland in strsanrbed FAC = ACW = 075-, OBL =1.5 SAV = 2.0; 011ier = 0 - (ems m AN 21 WOM OR the Passed ofaptand pknb6 tem 29 facows on rix prelow of aquatic of WdIand prone. Notes: (use back side of rife form for ON*" notes.) Sketch: APPENDIX D USAGE APPROVED JURISDICTIONAL DETERMINATION FORMS Wildcat Branch Ecosystem Enhancement Program Appendices Jurisdictional Area Delineation Lee County, North Carolina APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section N 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: Streams A/G/H - Wildcat Branch - Sheets 1-3 State: NC County/parish/borough: Lee County City: Lemon Springs Center coordinates of site (lat/long in degree decimal format): Lat. 35.3250° N, Long. 79.1904° W. Universal Transverse Mercator: Name of nearest waterbody: Wildcat Branch Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Little River Name of watershed or Hydrologic Unit Code (HUC): 03030004070020 Z 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): 8/9/2007 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] 0 Waters subject to the ebb and flow of the tide. Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): r TNWs, including territorial seas Wetlands adjacent to TNWs Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs El Non-RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs C] Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs 0 Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs hnpoundments of jurisdictional waters El 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: 5733 linear feet: 2 width (ft) and/or acres. Wetlands: 26.6 acres. c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual Elevation of established OHWM (if known): 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: 'Boxes checked below shall be supported by completing the appropriate sections in Section III below - 2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). s Supporting documentation is presented in Section III.F. SECTION HI: CWA ANALYSIS 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 HI.A.1 and Section I LDA. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section HI.D.1.; otherwise, see Section I LB below. L TNW Identify TNW: Summarize rationale supporting determination: Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": 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 RapaRos 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 IH.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section IH.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 HI.B.l for the tributary, Section HI.B.2 for any onsite wetlands, and Section M.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section IH.0 below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 0.4 square miles Drainage area: 0.4 square miles Average annual rainfall: 48 inches Average annual snowfall: 0 inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ® Tributary flows through 2 tributaries before entering TNW. Project waters are 10-15 river miles from TNW. Project waters are 1 (or less) river miles from RPW. Project waters are 5-10 aerial (straight) miles from TNW. Project waters are 1(or less) aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNW-: flows into Beaver Creek, then Crane Crek, and into Little River. Tributary stream order, if known: 2nd order. ° 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: Tributary properties with respect to top of bank (estimate): Average width: 3 feet Average depth: 1.5 feet Average side slopes: 31 . 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: Moderately stable. Presence of run/riffle/pool complexes. Explain: Weak. Tributary geometry: Meandering Tributary gradient (approximate average slope): 0-2 % (c) Flow: Tributary provides for: Seasonal flow Estimate average number of flow events in review area/year: 6-10 Describe flow regime: Perennial. Other information on duration and volume: Surface flow is: Confined. Characteristics: Subsurface flow: No. 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): ElDiscontinuous OHWM.' Explain: 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 If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): ❑ High Tide Line indicated by: ❑ Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine shell or debris deposits (foreshore) ❑ physical markings; ❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Generally clear. Identify specific pollutants, if known: none known. °A 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): Forested. ® Wetland fringe. Characteristics: Swamp/mixed pine hardwood forest. ® Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ® Aquatic/wildlife diversity. Explain findings: Supports herpetofaunal diversity of turtles (box turtles and yellow - bellied sliders observed) and amphibians (bull frog and southern toad observed). Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: 26.6 acres Wetland type. Explain: Bottomland mixed pine/hardwood. Wetland quality. Explain: Good. Project wetlands cross or serve as state boundaries. Explain: N/A. (b) General Flow Relationship with Non-TNW: Flow is: Perennial flow. Explain: Surface flow is: Discrete and. confined Characteristics: Subsurface flow: No. 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 10-15 river miles from TNW. Project waters are 5-10 aerial (straight) miles from TNW. Flow is from: Wetland to navigable waters. Estimate approximate location of wetland as within the 2 -year or less 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: Brown water, high tannins, clear flow. Identify specific pollutants, if known: none 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: Supports herpetofaunal diversity of turtles (box turtles and yellow - bellied sliders observed) and amphibians (bull frog and southern toad observed). Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: 3 Approximately ( 26.6 ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/Nl Size (in acres) Directly abuts? (Y/NSize (in acres) System 1- Yes 25.74 System 2 - Yes 0.47 System 3 - Yes 0.34 Summarize overall biological, chemical and physical functions being performed: nutrient storage, pollutant trapping and filtration, water quality, habitat enhancement. 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: 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 IIID: 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: C] TNWs: linear feet width (H), Or, acres. El Wetlands adjacent to TNWs: acres. RPWs that flow directly or indirectly into TNWs. Z Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: North Carolina Division of Water Quality Stream ID Form score of 32.0 (see attched form). Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): Z Tributary waters: 5733 linear feet 2 width (ft). El Other non -wetland waters: acres. Identify type(s) of waters: 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 jurisdictional. Data supporting this conclusion is provided at Section M.C. 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: 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: ❑ 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 III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters! 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). 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):` ❑ 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. El which are or could be used for industrial purposes by industries in interstate commerce. ❑ Interstate isolated waters. Explain: Other factors. Explain: 'See Footnote # 3. v To complete the analysis refer to the key in Section III.13.6 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 review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: linear feet 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 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: rl Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): Non -wetland waters (i.e., rivers, streams): linear feet, width (ft). Lakes/ponds: acres. ❑ Other non -wetland waters: acres. List type of aquatic resource: Wetlands: acres. SECTION IV: DATA SOURCES. 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): Z Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Z 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: El 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 Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: ® Aerial (Name & Date):NCDOT Color 1R Tile 106, 1998. 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: 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): DISTRICT OFFICE, FILE NAME, AND NUMBER: PROJECT LOCATION AND BACKGROUND INFORMATION: Stream B - Unnamed Tributary to Wildcat Branch - Sheet 2 State: NC County/parish borough: Lee County City: Lemon Springs Center coordinates of site (lat/long in degree decimal format): Lat. 35.3277° N, Long. 79.1896° W. Universal Transverse Mercator: Name of nearest waterbody: Wildcat Branch Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: Little River Name of watershed or Hydrologic Unit Code (HUC): 03030004070020 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. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: ® Field Determination. Date(s): 8/9/2007 SECTION H: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Are no "navigahle 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. Q Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: 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] 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 Q Wetlands adjacent to TNWs Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs 0 Non-RPWs that flow directly or indirectly into TNWs N Wetlands directly abutting RPWs that flow directly or indirectly into TNWs Fj Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs El Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs Impoundments of jurisdictional waters El 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: 5733 linear feet: 2 width (ft) and/or acres. Wetlands: 26.7 acres. :. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual Elevation of established OHWM (if known): 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: t Boxes checked below shall be supported by completing the appropriate sections in Section III below. 2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). 3 Supporting documentation is presented in Section III.F, SECTION III: CWA ANALYSIS 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 I LD.1, only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and and Section III.D.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": CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody° 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 HI.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.0 below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 0.04 square miles Drainage area: 0.04 square miles Average annual rainfall: 48 inches Average annual snowfall: 0 inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ® Tributary flows through 4 tributaries before entering TNW. Project waters are 15-20 river miles from TNW. Project waters are 1 (or less) river miles from RPW. Project waters are 5-10 aerial (straight) miles from TNW. Project waters are 1(or less) aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: N/A. Identify flow route to TNW: flows into Wildcat Branch, then Beaver Creek, then Crane Creek, and into Little River. Tributary stream order, if known: unknown. ° 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 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: 2 feet Average depth: 1 feet Average side slopes: 3.1 . 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: Moderately stable. Presence of run/riffle/pool complexes. Explain: Weakly present. Tributary geometry: Relatively straight Tributary gradient (approximate average slope): 0-2 % (c) Flow: Tributary provides for: Seasonal flow Estimate average number of flow events in review area/year: 2-5 Describe flow regime: Seasonal. Other information on duration and volume: Surface flow is: Confined. Characteristics: Subsurface flow: Yes. Explain findings: Seepage slopes present. ❑ 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 ED ❑ vegetation matted down, bent, or absent ❑ ❑ leaf litter disturbed or washed away ❑ ❑ sediment deposition ❑ ® water staining ❑ ❑ other (list): ❑ Discontinuous OHWM.7 Explain: 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 If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): ❑ High Tide Line indicated by: ❑ Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine shell or debris deposits (foreshore) ❑ physical markings; ❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Generally clear. Identify specific pollutants, if known: none known. °A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 7Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ® Riparian corridor. Characteristics (type, average width): Forested. ® Wetland fringe. Characteristics: swamp/mixed pine hardwood forest. ® Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ® Aquatic/wildlife diversity. Explain findings: Supports herpetofaunal diversity of turtles (box turtles and yellow - bellied sliders observed) and amphibians (bull frog and southern toad observed). 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: 26.4 acres Wetland type. Explain: Bottomland mixed pine/hardwood. Wetland quality. Explain: Good. Project wetlands cross or serve as state boundaries. Explain: N/A. (b) General Flow Relationship with Non-TNW: Flow is: Perennial flow. Explain: Surface flow is: Discrete and confined Characteristics: Subsurface flow: Yes. Explain findings: Seepage slopes present. ❑ 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 10-15 river miles from TNW. Project waters are 5-10 aerial (straight) miles from TNW. Flow is from: No Flow. Estimate approximate location of wetland as within the 2 -year or less 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: Brown water, high tannins, and clear flow. Identify specific pollutants, if known: none 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: Supports herpetofaunal diversity of turtles (box turtles and yellow - bellied sliders observed) and amphibians (bull frog and southern toad observed). 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: 3 Approximately ( 26.7 ) 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/NSize (in acres) System I - Yes 25.9 System 2 - Yes 0.5 System 3 - Yes 0.3 Summarize overall biological, chemical and physical functions being performed: nutrient storage, pollutant trapping and filtration, water quality, habitat enhancement. 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: 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 111.13: 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 IRD: 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. El Wetlands adjacent to TNWs: acres. RPWs that flow directly or indirectly into TNWs. 0 Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: El Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: North Carolina Division of Water Quality Stream ID Form score of 29.0 (see attached form). 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: 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 III.C. 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 III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 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). ISOLATED [INTERSTATE OR INTRA-STATEI 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: 'See Footnote # 3. ' To complete the analysis refer to the key in Section IILD.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 review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): ❑ Tributary waters: linear feet 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 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 finding 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: ❑ 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 RUC maps. ❑ U.S. Geological Survey map(s). Cite scale & quad name: El 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 Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Z Photographs: ® Aerial (Name & Date).NCDOT Color IR Tile 106, 1998. or ❑ Other (Name & Date): Previous determination(s). File no. and date of response letter: ;MW Applicable/supporting case law: Applicable/supporting scientific literature: Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section W of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): DISTRICT OFFICE, FILE NAME, AND NUMBER: PROJECT LOCATION AND BACKGROUND INFORMATION: Stream B - Unnamed Tributary to Wildcat Branch - Sheet 2 State: NC County/parish/borough: Lee County City: Lemon Springs Center coordinates of site (lat/long in degree decimal format): Lat. 35.3277'N, Long. 79.1896'W. Universal Transverse Mercator: Name of nearest waterbody: Wildcat Branch Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Little River Name of watershed or Hydrologic Unit Code (RUC): 03030004070020 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. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Q Office (Desk) Determination. Date: Field Determination. Date(s): 8/9/2007 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] El Waters subject to the ebb and flow of the tide. ❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): r ❑ TNWs, including territorial seas El Wetlands adjacent to TNWs Z Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs [] Non-RPWs that flow directly or indirectly into TNWs 0 Wetlands directly abutting RPWs that flow directly or indirectly into TNWs El 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 El 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: 5733 linear feet: 2 width (ft) and/or acres. Wetlands: 26.6 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: ' Boxes checked below shall be supported by completing the appropriate sections in Section III below. 2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). 3 Supporting documentation is presented in Section III.F. SECTION III: CWA ANALYSIS TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": 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 Raponos 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 IH.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section M.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 HI.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 IH.0 below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 0.04 square miles Drainage area: 0.04 square miles Average annual rainfall: 48 inches Average annual snowfall: 0 inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ® Tributary flows through 4 tributaries before entering TNW. Project waters are 15-20 river miles from TNW. Project waters are 1(or less) river miles from RPW. Project waters are 5-10 aerial (straight) miles from TNW. Project waters are 1(or less) aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: N/A. Identify flow route to TNW: flows into Wildcat Branch, then Beaver Creek, then Crane Creek, and into Little River. Tributary stream order, if known: unknown. '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 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 annlvl: Tributary is: ® Natural ❑ Artificial (man-made). Explain: ❑ Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: 2 feet Average depth: 1 feet Average side slopes: 3;1 . 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: Moderately stable. Presence of run/riffle/pool complexes. Explain: Weakly present. Tributary geometry: Relatively straight Tributary gradient (approximate average slope): 0-2 % (c) Flow: Tributary provides for: Seasonal flow Estimate average number of flow events in review area/year: 2-5 Describe flow regime: Seasonal. Other information on duration and volume: Surface flow is: Confined. Characteristics: Subsurface flow: Yes. Explain findings: Seepage slopes present. ❑ Dye (or other) test performed: Tributary has (check all that apply): ® Bed and banks ® OHWW (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): F-1Discontinuous OHWM.' Explain: 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 If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): High Tide Line indicated by: ❑ Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine shell or debris deposits (foreshore) ❑ physical markings; ❑ physical. markings/characteristics ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Generally clear. Identify specific pollutants, if known: none known. 'A 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): Forested. ® Wetland fringe. Characteristics: swamp/mixed pine hardwood forest. ® Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ® Aquatic/wildlife diversity. Explain findings: Supports herpetofaunal diversity of turtles (box turtles and yellow - bellied sliders observed) and amphibians (bull frog and southern toad observed). Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: 26.6 acres Wetland type. Explain: Bottomland mixed pine/hardwood. Wetland quality. Explain: Good. Project wetlands cross or serve as state boundaries. Explain: N/A. (b) General Flow RQlationship with Non-'TNW: Flow is: Perennial flow. Explain: Surface flow is: Discrete and confined Characteristics: Subsurface flow: Yes. Explain findings: Seepage slopes present. ❑ 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 10-15 river miles from TNW. Project waters are 5-10 aerial (straight) miles from TNW. Flow is from: No Flow. Estimate approximate location of wetland as within the 2 -year or less 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: Brown water, high tannins, and clear flow. Identify specific pollutants, if known: none 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: Supports herpetofaunal diversity of turtles (box turtles and yellow - bellied sliders observed) and amphibians (bull frog and southern toad observed). 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: 3 Approximately ( 26.6 ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly buts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) System 1 - Yes 25.74 System 2 - Yes 0.47 System 3 - Yes 0.34 Summarize overall biological, chemical and physical functions being performed: nutrient storage, pollutant trapping and filtration, water quality, habitat enhancement. 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: 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 M.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 IIID: 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 IIID: 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: El 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 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 111.13. Provide rationale indicating that tributary flows seasonally: North Carolina Division of Water Quality Stream ID Form score of 29.0 (see attached form). Provide estimates for jurisdictional waters in the review area (check all that apply): El Tributary waters: linear feet width (ft). EJ 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 jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): 7 Tributary waters: linear feet width (ft). El 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. EJ 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 IILB and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. 7 Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. Q Demonstrate that impoundment was created from "waters of the U.S.," or Demonstrate that water meets the criteria for one of the categories presented above (1-6), or Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA -STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY): 10 [] which are or could be used by interstate or foreign travelers for recreational or other purposes. from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. which are or could be used for industrial purposes by industries in interstate commerce. Interstate isolated waters. Explain: Other factors. Explain: '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 review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: linear feet width (ft). El 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): El 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 finding is required for jurisdiction (check all that apply): El Non -wetland waters (i.e., rivers, streams): linear feet, width (ft). El 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 preparedJsubmitted 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: El 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 Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: ® Aerial (Name & Date):NCDOT Color IR Tile 106, 1998. 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: APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section N of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): DISTRICT OFFICE, FILE NAME, AND NUMBER: PROJECT LOCATION AND BACKGROUND INFORMATION: Stream D - Unnamed Tributary to Wildcat Branch - Sheets 1-3 State: NC County/parish/borough: Lee County City: Lemon Springs Center coordinates of site (lat/long in degree decimal format): Lat. 35.3262° N, Long. 79.1879° W. Universal Transverse Mercator: Name of nearest waterbody: Wildcat Branch Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Little River Name of watershed or Hydrologic Unit Code (HUC): 03030004070020 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. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: ® Field Determination. Date(s): 8/9/2007 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] Waters subject to the ebb and flow of the tide. Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): r [] TNWs, including territorial seas Wetlands adjacent to TNWs Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs Non RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ❑ Impoundments of jurisdictional waters Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non -wetland waters: 5733 linear feet: 2 width (ft) and/or acres. Wetlands: 26.6 acres. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):' El Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: ' Boxes checked below shall be supported by completing the appropriate sections in Section III below. 2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). 3 Supporting documentation is presented in Section III.F. SECTION III: CWA ANALYSIS 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 HI.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": 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 IH.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section IH.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 IIIA.1 for the tributary, Section III.11.2 for any onsite wetlands, and Section HI.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. 'Che determination whether a significant nexus exists is determined in Section IH.0 below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 0.04 square miles Drainage area: 0.04 square miles Average annual rainfall: 48 inches Average annual snowfall: 0 inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ® Tributary flows through 4 tributaries before entering TNW. Project waters are 15.20 river miles from TNW. Project waters are 1 (or less) river miles from RPW. Project waters are 5-10 aerial (straight) miles from TNW. Project waters are 1 (or less) aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: N/A. Identify flow route to TNWS: flows into Wildcat Branch, then Beaver Creek, then Crane Creek, and into Little River. Tributary stream order, if known: unknown. 4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. e 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 anvlvl: Tributary is: ® Natural ❑ Artificial (man-made). Explain: ❑ Manipulated (man -altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: 2 feet Average depth: 1 feet Average side slopes: 3:1 . 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: Moderately stable. Presence of run/riffle/pool complexes. Explain: Weak. Tributary geometry: Relatively straight Tributary gradient (approximate average slope): 0-2 % (c) Flow: Tributary provides for: Intermittent but not seasonal flow Estimate average number of flow events in review area/year: 2-5 Describe flow regime: Seasonal. Other information on duration and volume: Surface flow is: Confined. Characteristics: Subsurface flow: Yes. Explain findings: Seepage slopes present. ❑ Dye (or other) test performed: Tributary has (check all that apply): ® Bed and banks ® OHWW (check all indicators that apply): ® clear, natural line impressed on the bank ED ❑ changes in the character of soil ❑ ❑ shelving IR ❑ vegetation matted down, bent, or absent ❑ ❑ leaf litter disturbed or washed away ❑ ❑ sediment deposition ❑ ® water staining ❑ ❑ other (list): ❑ Discontinuous OHWM.' Explain: 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 If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): High Tide Line indicated by: ❑ Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine shell or debris deposits (foreshore) ❑ physical markings; ❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Generally clear. Identify specific pollutants, if known: none known. 'A 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): forested. ® Wetland fringe. Characteristics: swamp/mixed pine hardwood forest. ® Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ® Aquatic/wildlife diversity. Explain findings: Supports herpetofaunal diversity of turtles (box turtles and yellow - bellied sliders observed) and amphibians (bull frog and southern toad observed). Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: 26.6 acres Wetland type. Explain: Bottomland mixed pine/hardwood. Wetland quality. Explain: Good. Project wetlands cross or serve as state boundaries. Explain: N/A. (b) General Flow Relationship with Non-TNW: Flow is: Intermittent flow. Explain: Surface flow is: Discrete and confined Characteristics: Subsurface flow: Yes. Explain findings: Seepage slopes present. ❑ 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 10-15 river miles from TNW. Project waters are 5-10 aerial (straight) miles from TNW. Flow is from: No Flow. Estimate approximate location of wetland as within the 2 -year or less 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: Brown water, high tannins, and clear flow. Identify specific pollutants, if known: none known. (iii) Biological Characteristics. Wetland supports (check all that apply): ® Riparian buffer. Characteristics (type, average width): Forested. ® Vegetation type/percent cover. Explain: Bottom]and mixed pine/hardood forest, 100% cover. ® Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ® Aquatic/wildlife diversity. Explain findings: Supports herpetofaunal diversity of turtles (box turtles and yellow - bellied sliders observed) and amphibians (bull frog and southern toad observed). 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: 3 Approximately ( 26.6 ) 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) System I - Yes 25.74 System 2 - Yes 0.47 System 3 - Yes 0.34 Summarize overall biological, chemical and physical functions being performed: nutrient storage, pollutant trapping and filtration, water quality, habitat enhancement. 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: 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 IIID: 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 IIID: 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 (H), Or, acres. Wetlands adjacent to TNWs: acres. RPWs that flow directly or indirectly into TNWs. El Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: 10 Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g,, typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: North Carolina Division of Water Quality Stream ID Form score of 23.25 (see attached form). Provide estimates for jurisdictional waters in the review area (check all that apply): Z Tributary waters: 5733 linear feet 2 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 jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): ❑ Tributary waters: linear feet 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. n 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 I11.13 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section M.C. Provide estimates for jurisdictional wetlands in the review area: acres. Impoundments of jurisdictional waters.' 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). 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):` ❑ 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: "See Footnote # 3. 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 review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: linear feet 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 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 finding is required for jurisdiction (check all that apply): Fj Non -wetland waters (i.e., rivers, streams): linear feet, width (ft). El 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: 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 Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: ® Aerial (Name & Date).NCDOT Color IR Tile 106, 1998. 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: