HomeMy WebLinkAbout20160075 Ver 1_401 Application_20160116o�0F W AW ATF�9OG
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20160075
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 11
PCN Form — Version 1.3 December 10, 2008 Version
Pre -Construction Notification (PCN) Form
A.
1.
Applicant Information
Processing
11.4
1 a.
Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 13 & 27 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
❑ Yes
® No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes
® No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
❑ Yes
® No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
Lansing Creeper Trail Project
2b. County:
Ashe
2c.
Nearest municipality / town:
Lansing
2d. Subdivision name:
N/A
2e.
NCDOT only, T.I.P. or state
project no:
N/A
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Town of Lansing
3b.
Deed Book and Page No.
Deed Book 460, page 2265 and Deed Book 455, page 2243
3c.
Responsible Party (for LLC if
applicable):
Town of Lansing
3d.
Street address:
173 B Street
3e.
City, state, zip:
Lansing NC 28643
3f.
Telephone no.:
336-384-3938
3g.
Fax no.:
336-384-1490
3h.
Email address:
townof lansing@skybest.com
Page 1 of 11
PCN Form — Version 1.3 December 10, 2008 Version
L4., 7' AOpjI'cAhtIhf6emqtI w(if diftedift from oWhbr)
WE _jA
40' �, ,,Nae.,
Glen Sullivan
C,.,, usiness'pamp
itop-prl(z
—
Foggy Mountain Nursery
t•6&d f ss
2251 Ed Little Road
,4 t _Lst a `'zip'
Creston NC 28615
Af-E-IT, top-Rom",0MO-1
336-384-5323
4g. Fax no.:
336-384-3764
4h= Email adtlress
foggymtn @skybest.com
Ape ttq 66�6Ffii-ftjj 6 f 6 ib—I
g�qpjlf applicable)
,�Eq
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2of 11
B.e �Pcoject.lnformatia�%and-�Pro%ProjectAHstory,
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
16215 006 and 16215 022
�1+b�a�S►te�coord►nate_s (Indec�mal dagr�oes)�;
Latitude° Losng►tUde
,;� ���, �„
tc'Rrayze
10.36 and 34.490 iacres
2." "�suifia�ca;Watea;
2a ; Nameofrnea es bodyofiwate(stream; r4verretc ,to
proposedR,proje L
Big Horse Creek
2b. Water Quality Classification of nearest receiving water:
C;,HQW
2c ►ver basin mop is avadable`at
lttp //h2o enratate nc us/admjn/maps%
dew
3. Project Description
3a. Descnbe the existing conditions ontfie slte,and thegeneralr°land se in, tie`yictnity�oftherproject, at thet�e of tlsis
aPpi►o�!o..►
The project site is located in the city limits of Lansing NC at the confluence of Old Field Creek and Big Horse Creek.
Sediment deposits in the center of the stream has directed the thalwag to the bank. The bank is severely eroded due to
the pressure of the water and the lack of vegetation.
3b ,List the total estimate acreage�ofallre`exi9tiragtlarnds on, the propertj
Q
30,,List tl'M;t�otal�estimated (Ri"v feet of all_existing strear a (Lnterinittent and perertr al), on,the property:9
100I# e`"Big Horse Creek and 1479 If 'l1T's
3d EX""pl:a the pnrpose,rcoit repropose-PT0jecf
To repair and stabilize eroding banks by reestablishing proper bank profiles through bank reshaping and with 30 in-
stream structures, to improve water quality. To improve habitat for aquatic fauna and to improve the overall condition of
the riparian areas at the site
3eaDes6ribe t auerall`"project in Beta►I ne[ud►rtgtetjpeofi equip ent tofibe µus@,d
Eroding banks will be reshaped to approximately 2:1, or flatter and planted with native vegetation. Three (3) rock vanes
Eight rock cross vanes (8) will be constructed to divert the thalwag back to the center of the stream. There also will be
Four (4) Root Wads constructed at highly erodible points of the bank. There will be fifteen (15) Boulder Clusters placed in
the stream for improved habitat for aquatic fauna. During construction a track hoe will do the work from the bank,
although the track hoe may have to access the stream to construct the end of the rock vanes and cross vanes. After
construction the bank will be seeded with native grass seed and sloped bank will be covered with erosion control matting
and anchored with live stakes and landscape staples. Flat areas will be seeded and mulched with straw. All areas will be
planted with live stakes (Silky Willow, Salix Sericea) (Silky Dogwood, Cornus amomum) (Elderberry, Sambucus
canadensis) along with native rhododendron mtn laurel and river birch.
4. Jurisdictional Determinations
4a � Have �ur►sd►ct►onal wetland or�strearrtdeterminat►onsbyW, he
�Corpsl�or State"been requested or�obtained far this pr�ope��tyl,
pro�act ( eluding all prior phases] I ttie past?
m ���,n
Yes . - N A _ .CIN °'ra...
Comments
-
4b�lf the Car" s made them1unsd►ctio►al determination, whattyp@
.
:
`Pr�aryFO Fjnal
m
ofddetorm►at�oi e�eliai►n
vrasrnad
4c} k If yes who delineated,#hestur sdictionalKare_as
Agency/Gonsultant,Qpmpany n
Name(jf known) "4
Other
��a
. i
144 jurisd►ctiarral,deffermina#►ons or Stata determnations land attach=dacu en#ation
Page 3 of 11
PCN Form —Version 1.3 December 10, 2008 Version
5. == Project�History
5aHave permitso certifiationsbeen requested or��obtaned`for
No O Unknown
Yes""
thisw ro'ect includm call _rFE]
iorx 'hales in the° ast?
P_6r P ) p
_ w�; _
yes;;_explair-I n�detail according_to help f-le `.`instructiQns;
6: " Futu�eProject Plans
6a:,,ls this'a phased project?
®,Yes. No,mT F
,[]
66If yes, expla
The Town of t ansing!has p ',i0asedthe of landu(deed book 460 .page 2268)sthat has-a 2100 feet reach'of Big
panortract
Horse,:Greek This tracf�will te'�Phas�e°2.
Page 4 of 11
C. Proposed Impacts Inventory
1. Impacts Summary
reafns, A�i ut,�H69 El Buffers
IT- K10#Wi""-"'-'--1. -16-1—
❑ Open Waters Fl
2, '11Vetlantl�mpacts
If f- WefiLn Ce
Zai
2b
2c=
2d'
2
Wet an 4-'17-i
ac
CA
it e of.jurisoict!,op
number
"'-or
Type �-Iid
T�', "" b'd v4i(61
Type
{Corps- 404,1
-rea4d impact
..
erm
Permanent
-
'�Qf
DWQ =_ n6n-404..6th60,
(a acres
I
0 ry
-known
-.- -1
--,Tem
W1 El P r-] T
El Yes
❑ Corps
El No
[-I DWQ
W2 El P F-1 T
El Yes
El Corps
[-] No
El DWQ
W3 RPFT
El Yes
El Corps
El No
E:1 DWQ
W4 EIPFT
El Yes
[:1 Corps
El No
El DWQ
W5 OP❑T
El Yes
0 Corps
El No
E] DWQ
W6 El P ❑ T
El Yes
El Corps
❑ No
[-] DWQ
2g. -f6ta!",-,w
*#a ho,, 1 m Oa dbi,
1-=Stri
"-FI ffie impacts_(Including A complete
Aimpacted
TH I
39
$,tteam.- impact
Typeof impact
Streamname
p6Fajapl
Ts - o
Average
Impact
number -'-
'
'
i h
length
Rerm4nent (6'o
----
intermittent
b -no6,'w
;rfie
(line4I
it
;(INT)? )?,other)
S1 NPFIT
Stabilization
Big Horse Creek
PER
❑ INT
N Corps
El DWQ
30
1383
S2 ZPF-1T
Rock Vane
Big Horse Creek
0 PER
El INT
Z Corps
El DWQ
30
10
S3 0 P F-1 T
Rock Vane
Big Horse Creek
0 PER
0 INT
Z Corps
[:] DWQ
30
10
S4 ZPFIT
Rock Vane
Big Horse Creek
0 PER
El INT
Z Corps
El DWQ
30
10
S5 ZP❑T
Rock Cross Vane
Big Horse Creek
0 PER
[:1 INT
Z Corps
El DWQ
30
10
S6 ZP❑T
Rock Cross Vane
Big Horse Creek
Z PER
El INT
Z Corps
El DWQ
30
10
3h. Total stream and" y impacts" 0,
3i. Comments: See attachment
Page 5 of 11
4.�_ Open Water Impacts
If,theie are proposed �rppacts to lakes; ponds, estuaries;`tnbutanes,sounds;;tfiewAtlantic,Ocean or any other.openfnrater of
the W S then individual) list;all open waterim acts bel'
4a.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P❑T
02 ❑P❑T
03 ❑P❑T
04 [:1 PDT
4f.Total',open,roater, impacts
0,
4g. Comments:
5 �µ�Pond ,or Lake�iConstruction
If ond'.or lake'const�uctiori' ro osed,ahen com lets the chart kelow.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
`
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ®No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse ❑ Tar -Pamlico ❑ Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number—
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
required.
B1 ❑P❑T
El Yes
❑ No
B2 ❑ P ❑ T
❑ Yes
❑ No
63 ❑P❑T
El Yes
❑ No
6h. Total buffer impacts
0
6i. Comments:
Page 6 of 11
Paoe7of11
This project will stabilize 1683 If of eroding stream bank, reduce stream bank erosion, reduce in -stream sediment loads
and improve in -stream aquatic habitats. Stream aesthetics will be improved with the establishment of a well vegetated
and functioning riparian zone
During construction, equipment will only access the stream when absolutely necessary. For this project, it is anticipated
that most of the track hoe work can be accomplished from the top of the bank. However, equipment may need access the
stream during the construction when no other construction alternative exists. Soil disturbance will be limited to what can
seeded and stabilized in one day. Banks will seeded and coir matting will be placed and anchored with wooden stakes.
Flat areas will be seeded and covered with straw.
2b. If yes, mitigation is required by (check all that apply):
0 DWQ El Corps
2c. Yes, which 'mi.!gqfiqn opliggAW
ION rogorpm
E12 W__riifif
3.
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
3c. Comments:
4a. Approval letter from in -lieu fee program is attached.
El Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
El warm El cool Ocold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
Paoe7of11
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? If yes, you will have to fill out this entire form — please
contact the State for more information.
❑ Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 8 of 11
E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
Comments:
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
%
2b.
Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
❑ Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
❑ Phase II
3b.
Which of the following locally -implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
EJ Yes El No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9of11
PCN Form —Version 1.3 December 10, 2008 Version
F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the
® Yes
❑ No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes
® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes
® No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes
® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b�.
Is Phis anvafter-the-faet:permit,app gtion?
❑=Yeses , w
._® No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes
® No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4.
Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Page 10 of 11
PCN Form — Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
® Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
El Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
US Fish and Wildlife Service website:hftp://www.fws.gov/nc-es/es/countyfr.html
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
http://ocean.floridamarine.org/efh_coral/ims/viewer.htm
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
National Register of Historic Places athttp://www.hpo.ncdcr.gov/nrlist.htm
8. Flood,Zorie:Design`ation_(CorpsPReguirement)
8a: Wilkthis proiedoccurj a FEMA-designated°,100-year floodplain?
®AYes , w,w - ❑,No
8b,, if yes„expla,howil,project meefsaFEMA requirementsThe project will not impede flood waters.
,$c.'wWhatsource(s) ddayou use to°make thefloodplain determinatiori?°°'http://ashegis.ashecountygov.com/webgis/
Glen SullivanJanuary
-
18,
2016
A hcant/A ents Prmfed` Name
Applicant/Agenf"s Signature
- -
Date:
(Agertssignature,is valitl only if an, authonzation,letterf(om the"applicant
-
is. [ovlded: `
Page 11 of 11
mp
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�q . ... . .....
ir
, ijinec
T p6td
(I IN IT)
o qr-),
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SI ZPF1T
Rock Cross Vane
Big Horse Creek
Z PER
INT
[E] Corps
[] DWQ
30
10
S2 OPFjT
Rock Cross Vane
Big Horse Creek
0 PER
El INT
Z Corps
F1 DWQ
30
10
S3 0 P F-1 T
Rock Cross Vane
Big Horse Creek
Z PER
[-] INT
Z Corps
[-I DWQ
30
10
S4 ZPFIT
Rock Cross Vane
Big Horse Creek
Z PER
El INT
Z Corps
Ej DWQ
30
10
S5 ZPFIT
Rock Cross Vane
Big Horse Creek
Z PER
[-] I NT
Z Corps
[_1 DWQ
30
10
S6 ZPMT
Rock Cross Vane
Big Horse Creek
[E PER
INT
Z Corps
E] DWQ
30
10
Olh"1.14",(T I$il be -,a'm" ih d,
16 81
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trear(i�'Jmpact
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;I
,,,
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-ble rrriiiii f
�
bW,,Q—,4 �hon'7-40014
(linear'
T, m
ki NTT,
o qr-),
S1 ZPFIT
Root Wad
Big Horse Creek
Z PER
INT
Z Corps
E:] DWQ
30
10
S2 Z P F� T
Root Wad
Big Horse Creek
Z PER
El INT
Z Corps
El DWQ
30
10
S3 Z P F� T
Root Wad
Big Horse Creek
Z PER
[:] I NT
Z Corps
E] DWQ
30
10
S4 Z P F -I T
Root Wad
Big Horse Creek
Z PER
El INT
Z Corps
El DWQ
30
10
S5 ZPnT
Boulder Cluster
Big Horse Creek
Z PER
El INT
Z Corps
[-] DWQ
30
10
S6 Z P F] T
Boulder Cluster
Big Horse Creek
Z PER
I NT
Z Corps
E] DWQ
30
10
162UOJ�jj(eL
16 81
S6 Z P F -I T
Boulder Cluster
Big Horse Creek
Z PER
� [:1 INT
"36
30
09'.1",
Strb�ir6jnipki
f,'jP
trearn naffie
P
ri
e
rnpp 'W
V'IMAQ
b""
M", tt7
r'
"Q
length
Peqh6hdhr(,Py6
At
-04i
C
O)ff 6,61-."
Width
(lineg
LT,q m p6i'4, ry, J)
"i1q,
ONT)
he
ot r.)
00,10)
S1 E P Fj T
Boulder Cluster
Big Horse Creek
0 PER
[:11 NT
Corps
DWQ
30
10
S2 N P F -I T
Boulder Cluster
Big Horse Creek
0 PER
[-] I NT
Corps
DWQ
30
10
S3 0 P D T
Boulder Cluster
Big Horse Creek
E PER
El INT
Z Corps
El DWQ
30
10
S4 ZPFT
Boulder Cluster
Big Horse Creek
E PER
El INT
E Corps
El DWQ
30
10
S5 Z P F -I T
Boulder Cluster
Big Horse Creek
[E PER
El INT
E Corps
[-I DWQ
30
10
S6 E P F T
Boulder Cluster
Big Horse Creek
Z PER
Ej INT
E Corps
[:1 DWQ
30
10
Ary"IMP
3
S6 Z P F -I T
Boulder Cluster
Big Horse Creek
Z PER
� [:1 INT
Z Corps
� [:] DWQ
30
'39 i
Strb�ir6jnipki
f,'jP
0�7f fio
T 11,0166
ve rage
Pact,
V'IMAQ
b""
M", tt7
(PER)So",
1,
ength
-PT
Perrri'�666 �k
"'.
PIT
DWQ�
W.;
�Iing#
k
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he
ot r.)
S1 ZPF-1T
Boulder Cluster
Big Horse Creek
Z PER
El INT
Z Corps
El DWQ
30
10
S2 ZPnT
Boulder Cluster
Big Horse Creek
0 PER
Ej INT
Z Corps
[-] DWQ
30
10
S3 ZPFIT
Boulder Cluster
Big Horse Creek
Z PER
El INT
Z Corps
El DWQ
30
10
S4 ZPF-1T
Boulder Cluster
Big Horse Creek
Z PER
[-I I NT
Z Corps
[_] DWQ
30
10
S5 NPFT
Boulder Cluster
Big Horse Creek
Z PER
[-] I NT
Z Corps
El DWQ
30
10
S6 ZPFT
Boulder Cluster
Big Horse Creek
Z PER
[:11 NT
Z Corps
El DWQ
30
10
6 tan. tri
S6 Z P F -I T
Boulder Cluster
Big Horse Creek
Z PER
� [:1 INT
Z Corps
� [:] DWQ
30
10
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r t�•,�
a
Root Wads
5+00
Boulder Cluster @
4+70
of Save Sycamore Match Line_
= ?:. Boulder Cluster @
+
..: �;. 3 80
Cross Rock Vane @
._ 3+37
SUMMARY TABLE
ACTIVITY
REACH
Reach Length
1900 Feet
No. Instream Structures
30
Length (in ft) Impacted
by Instream Structures
300
Length (n ft) of Streambank
Sloping
1683
Length (in ft) of Live Stake
Planting
3800
Riparian Buffer Planting (Acres)
2.18
Area Disturbed During
Construction (Acres)
��
GENERAL NOTES:
1. The riparian buffer will be 25', howerver the
greenway trail that is under construction has
encroached as shown on plat.
2. All pants will be funded by th New River
Conservancy and will be planted to their
specifcations.
.SITE RM SHEET 9 A9 4 PWS'£ (ME
Lansing Creeper
Trail Park
war amt
10010�ramr craac► 11
I Sycamore
Boulder Cluster @
2+75
Cross Rock Vane @
0 i
Slope from 0+00 - 6+09
Boulder Cluster @
1+70
— - Cross Rock Vane @
z:. ` 1+15
Slope from 0+36 - 3+4�
Boulder Cluster @
0+86 /
Il- `''_:,_ Cross Rock Vane Ca
LEGEND:
Bank resloping
VIII -1
25' Riparian Zone
Rock Vane
I
Toe Rock
Cross Rock Vane
Boulder Cluster
Proposed Fishing Pier
I■ �■ � off` �7 1 _ ��_�'�`
Wsm9
Poµ 159
120 180
rJoulaer duster L
r°:: :�• ( 10+60
Match Line
ross Rock Vane @
0+20
Slope from 8+40 - 1
31ope from 6+67 - 12+20
Boulder Cluster @
15" Terracotta Pipe @
9+15
Root Wads @
8+60
Boulder Cluster @
'.:8+40 Cross Rock Vane @
�`_::: r. 8+10
Rock Vane @:::' ; Ii i i n_I I >�: ,::•�
8+59
GENERAL NOTES:
1. The riparian buffer will be 25', howerver the
greenway trail that is under construction has:
encroached as shown on plat. r:
2. All pants will be funded by th New River
Conservancy and will be planted to their
specifications. Root W7+80
ads
DIY 0 so 120 �� ':P�aL� i:'>�'.�x %!• :r.;�!• r•: tl:
X�•:.f.'Xr'
GRAPMC SCAIg _ FM Boulder Cluster @
7+00
LEGEND:
ACTIVITY
t
Bank resloping i—
I11I
1900 Feet
25' Riparian Zone
30
Rock Vane
I
Toe Rock
Cross Rock Vane
Boulder Cluster
Proposed Fishing Pier @
Fishing Pier
15,
r
LannnD
POA 159
SUMMARY TABLE
ACTIVITY
REACH
Reach Length
1900 Feet
No. Instream Structures
30
Length (in ft) Impacted
by Instream Structures
300
Length (in ft) of Streambank
Sloping
1683
Length (in ft) of Live Stake
Planting
3800
Riparian Buffer Planting (Acres)
2,18
Area Disturbed During
Construction (Acres)
0 77
— v
'1®11111=
CM
-17
SITE PLAN SH 2 of 4 E ONE
La n e r p r Boulder Cluster @#
5+40
rail i I r
Root Wads @ ' ��x�":•.
Match Line 5+50
FM CM- ------------- RootVV-as
5+00 r
s CD urns r0a C== W sorsa TA
Boulder Cluster
4+70
Vane @
Rock Vane @
4+83
Save
'> Save X°o
`'''' Sycamore
Match Line
W4— A
JN
LEGEND:
ACTIVITY
Bank resloping
VIII=1
25' Riparian Zone
MOM
Rock Vane I
Length (in ft) Impacted
by Instream Structures
Toe Rock
Length (in ft) of Streambank
Sloping
Cross Rock Vane
Length (in ft) of Live Stake
Planting
Boulder Cluster
Riparian Buffer Planting (Acres)
Proposed Fishing Pier
@
r
P,
Boulder Cluster @ VICINITY MAP
16+65
Lansing
Fox 159
Boulder Cluster @
15+90 i
T J
r
4r. Cross Rock Vane @
x.15+15
SUMMARY TABLE
ACTIVITY
REACH
Reach Length
1900 Feet
No. Instrearn Structures
30
Length (in ft) Impacted
by Instream Structures
300
Length (in ft) of Streambank
Sloping
1683
Length (in ft) of Live Stake
Planting
3800
Riparian Buffer Planting (Acres)
2.18
Area Disturbed During
Construction (Acres)
0.77
'ross Rock Vane @
4+22
Boulder Cluster @
13+40 GENERAL NOTES:
1. The riparian buffer will be 25', howerver the
greenway trail that is under construction has
encroached as shown on plat.
2. All pants will be funded by th New River
Conservancy and will be planted to their
specifcations.
Cross Rock Vane @
< 12+96
Y° Boulder Cluster @
.12+50
ross Rock Vane @
1+96
Boulder Cluster @
11+30
Cross Rock Vane @
10+99
Boulder Cluster @
.10+60
= Match Line
Cross Rock Vane @
r:. 0+20
Eft ■.■�■
c :I d_
SUMMARY TABLE
ACTIVITY
REACH
Reach Length
1900 Feet
No. Instream Structures
30
Length (in ft) Impacted
by Instream Structures
300
Length (in ft) of Slreambank
sloping
1683
Length (in ft) of Live Stake
Planting
3800
Riparian Buffer Plantlng(Acres)
2,18
Area Disturbed During
Construction (Acres)
0.77
GENERAL NOTES:
1. The riparian buffer will be 25', howerver the
greenway trail that is under construction has
encroached as shown on plat.
2. All pants will be funded by th New River
Conservancy and will be planted to their
specifcations.
LEGEND:
Tri
Bank resloping
I I j I h—tJ
25' Riparian Zone
Rock Vane
Toe Rock
Cross Rock Vane
Boulder Cluster
Proposed Fishing Pier @
Cluster @
m�.
i.u.9
Pop 159
66+65r Cluster @ Match Line
FIGURE 5. Typical bank reshaping and revegetation plan.
Cross-section view before work (existing condition)
Pasture grasses, little valve for bank
4���I( ,, �,�, stabilization or stream shading.
R V -lam \\\\\\\\N\......
�yq. ,y c`°e I V V�.JfT Al ggg i. S
Yi`�r_ '4r gam. 4
y�y�, Y "4P` j«.'b .. y/�� fyiMj.. •y{T, � 'i � .1 .pky
sdll
Cross-section view after work
Vertical bank showing area to be
reshaped.
Rooted trees, 2' to 6' tall.
Herbaceous vegetation.
Live stakes 18" to 24" in length.
Erosion control blanket 4
8 ft wide, anchored with
wooden stakes/live stakes.
Water level
i. `y ► ,��. +F`. �`►', � ,t�'"wr� � � �.{,?r+ } i ;y t 3��,. �Y —yI� '���ryry�" ��: � 'fit i 1,'�i�1♦� `1..�Ky{�.;11,�" 1�r/. � * .
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+� � ��� "",���+�.^ *„�� ,�:ry�'r �i�#'�.�►'" ', est *t'' .�,'"4 � y�.`,'hi'�y
FIGURE 15. Typical cross -vane showing plan and cross-section views. NOTE: There should be
no gaps between the rocks in the cross -vane.
",W Vegetation planted at
inner berm and/or bankfull bench
3
FIGURE 6. Typical rock vane structure showing plan and cross-section views. Photograph
shows a rock vane constructed in the South Fork New River at the Wagoner Road Access, New
River State Park.
PLAN VIEW
le
2
11
Flow
BOULDER CLUSTERS showing plan and plan view
11 x
Plan View
Profile View
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:Western Peidmont Region Coordinator 3855 Idlewild Road Kernerville
NC 27284-9180
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish/borough: Ashe City: Lansing
Center coordinates of site (latilong in degree decimal format): Lat. 36.4972° N, Long. -81.5116° W.
Universal Transverse Mercator:
Name of nearest waterbody: Big Horse Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: North Fork New River
Name of watershed or Hydrologic Unit Code (HUC):
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): January 18`h 2016
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Appear to be,gp "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in
the rc\-iew 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: Waters used for recreational canoeing/kayaking and fishing.
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There E"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):
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: 1683 linear feet: 30 width (ft) and/or 1.159 acres.
Wetlands: 0 acres.
c. Limits (boundaries) of jurisdiction based on:
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):'
Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
'Boxes checked below shall be supported by completing the appropriate sections in Section III below.
1 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
' Supporting documentation is presented in Section III.F.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section IILD.1.; otherwise, see Section III.B below.
1. TNW
Identify TNW: North Fork New River.
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent':
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the 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.I for
the tributary, Section IIi.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.0 below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size. 52uxiiilles
Drainage area: ak=List
Average annual rainfall: 50 inches
Average annual snowfall: 23 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
® Tributary flows directly into TNW.
❑ Tributary flows through kt* tributaries before entering TNW.
Project waters are river miles from TNW.
Project waters are fg ]List river miles from RPW.
Project waters are aerial (straight) miles from TNW.
Project waters are (I iis aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5:
Tributary stream order, if known:
° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
s 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: 30 feet
Average depth: 2 feet
Average side slopes:
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: average 5ft vertical highly eroding banks
with little vegetation..
Presence of run/riffle/pool complexes. Explain: Long flat run with few run/riffle/pool complexes.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope):.I %
(c) Flow:
Tributary provides for:
Estimate average number of flow events in review area/year: JIM
Describe flow regime:
Other information on duration and volume:
Surface flow is: Confined. Characteristics:
Subsurface flow: Fick List. 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
®
the presence of litter and debris
® changes in the character of soil
®
destruction of terrestrial vegetation
® shelving
❑
the presence of wrack line
® vegetation matted down, bent, or absent
®
sediment sorting
® leaf litter disturbed or washed away
®
scour
® sediment deposition
®
multiple observed or predicted flow events
® water staining
®
abrupt change in plant community
❑ other (list):
El Discontinuous OHWM Explain:
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
High Tide Line indicated by: ® Mean High Water Mark indicated by:
❑ oil or scum line along shore objects ❑ survey to available datum;
❑ fine shell or debris deposits (foreshore) ❑ physical markings;
❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types.
❑ tidal gauges
❑ other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
❑ Riparian corridor. Characteristics (type, average width):
❑ Wetland fringe. Characteristics:
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
❑ Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
` �' .
Flow is: . Explain:
Surface flow is:
Characteristics:
Subsurface flow: . Explain findings:
❑ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
❑ Ecological connection. Explain:
❑ Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are river miles from TNW.
Project waters are JJJJWaeriaI (straight) miles from TNW.
Flow is from:
Estimate approximate location of wetland as within the ® floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
❑ Riparian buffer. Characteristics (type, average width):
❑ Vegetation type/percent cover. Explain:
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
❑ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if an
All wetland(s) being considered in the cumulative analysis:
im
Approximately ( ) acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
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 WATERSIWETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
TNWs: 1638 linear feet 30 width (ft), Or, 1.159 acres.
a Wetlands adjacent to TNWs: 0 acres.
2. RPWs that flow directly or indirectly into TNWs.
Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial:
Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: 1683 linear feet30width (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:
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.
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).
E. ISOLATED [INTERSTATE OR INTRA -STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):10
❑ which are or could be used by interstate or foreign travelers for recreational or other purposes.
❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
❑ which are or could be used for industrial purposes by industries in interstate commerce.
❑ Interstate isolated waters. Explain:
Other factors. Explain:
Identify water body and summarize rationale supporting determination:
$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.
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (ft).
Other non -wetland waters: acres.
Identify type(s) of waters:
Wetlands:
acres.
F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
® If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
udgment (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.
om 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):
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Applicable/supporting case law:
❑ Applicable/supporting scientific literature:
Q Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD: