SW5240103_Wetland Determination/Report_20240522

2401 Brentwood Rd, Suite 107
i-erracon Raleigh, NC 27604
P [phone]
Terracon.com
December 15, 2023
Mack Gay Associates, PA
1667 Thomas A. Betts Pkwy
Rocky Mount, NC 27804
Attn: Mr. Scott Bumgarner
E: [e-mail]
RE: Rocky Mount Memorial Park
Wetlands/Waters Delineation
Nash County, NC
Terracon Project No: 70237669
Dear Mr. Bumgarner:
Terracon Consultants, Inc. (Terracon), has completed the requested wetlands and waters
delineation for the Rocky Mount Memorial Park, totaling approximately 9-acres in Nash County, NC
(Exhibit 1). Terracon staff was tasked with identifying features that may be considered subject to
jurisdiction and permitting requirements under Sections 404 and 401 of the Clean Water Act
(CWA).
Background Research
Prior to the initiation of field efforts, several available resources were reviewed, including the U.S.
Geological Survey (USGS) 7.5-minute topographic quadrangle of Drake, NC, the Natural Resources
Conservation Service (NRCS) published Soil Survey of Nash County, NC, aerial photography, and
other publicly available mapping resources. Field work was conducted by technical staff on
December 14, 2023.
Topography
Topography in the study area is characterized by flat land. Elevations range from a high of
approximately 193 feet above mean sea level (MSL) down to approximately 177 feet above MSL
(Exhibit 1) based on a review of USGS mapping and other online resources.
Soils
Exhibit 2 depicts two (2) soil mapping units potentially occurring in the study area: Norfolk loamy
sand, 2-6% slopes; and Norfolk-Wedowee complex, 2-6% slopes. Neither of the soil mapping
units, potentially occurring in the study area, are considered a hydric (wetland) soil by NRCS.
Delineation Methodology
Terracon initially reviews readily available published resources to preliminarily identify features
indicative of potential waters of the United States (WOTUS), including wetlands, on the site or in
the immediate vicinity of the site. A field investigation is then performed to identify and delineate
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Rocky Mount Memorial Park I Nash County, NC --
December 15, 2023 I Terracon Project No. 70237669 ■ Terracon
potential WOTUS and wetland areas utilizing the Routine On-site Determination Method described
in the 1987 U.S. Army Corps of Engineers (USACE) Wetland Delineation Manual (USACE Manual)
and the USACE April 2012 Atlantic and Gulf Coastal Plain Regional Supplement 2.0
(EMPPRS). Potential wetland areas are located and investigated based on the three wetland
parameters of hydrophytic vegetation, hydrology, and hydric soil indicators.
Hydrophytic vegetation is assessed by identifying plant species and their assigned wetland
indicator rating of obligate (occur in wetlands >99% of the time), facultative wet (occur in wetlands
67-99% of the time), facultative (occur in wetlands 34-66% of the time), facultative upland (occur
in wetland 1-33% of the time), and upland (occur in wetlands <1% of the time). The USACE
manual defines hydrophytic vegetation as present when at least 50% of the dominant plant species
are rated obligate, facultative wet, or facultative. Hydrology is determined based on a number of
primary indicators (surface water, water marks, drift deposits, reduced iron presence, oxidized
rhizospheres, etc.) and secondary indicators (soil surface cracks, drainage patterns, crawfish
burrows, shallow aquitard, etc.). The USACE manual defines hydrology as present when at least
one primary indicator and two secondary indicators are identified. Hydric soil is determined by
investigating soil features such as color matrix, hue, and evidence of redox features including
indicators such as saturation, stratified layers, gleyed matrix, mucky surface, organic/peat layers,
hydrogen sulfide odor, and evidence of mottling indicating reduced conditions.
Potential wetland areas identified with all three parameters as described above are located and
delineated by designating boundaries with flagging tape. A data point is collected for each wetland
area on the site detailing conditions as related to hydrophytic vegetation, hydrology, and hydric
soil. The location of the data point is selected at a specific flag number indicative of conditions
throughout the entire wetland area and adjacent upland area. Only one data point is typically
collected for each wetland area on the site. Additional data points may be collected for atypical
situations such as larger wetland areas that may exhibit differing ecological conditions in certain
areas.
Additional potential WOTUS including stream channels, drainageways, and ditches are located,
marked with flagging tape, and investigated to determine a preliminary stream classification,
overall drainage patterns, and potential hydrologic connections to other WOTUS and wetland
areas. If applicable, Terracon utilizes a sub-meter global positioning system (GPS) unit to locate
field flagging. Otherwise, field flagging is located by an outside contracted surveyor.
Wetlands and Waters
Section 404 of the Clean Water Act (CWA) requires regulation of discharges into WOTUS, including
wetlands. Although the principal administrative agency of the CWA is the U.S. Environmental
Protection Agency (EPA), the USACE has major responsibility for implementation, permitting, and
enforcement of provisions of the CWA. Water bodies such as rivers, lakes, and streams are subject
to jurisdictional consideration under the Section 404 program. However, by regulation, certain
wetlands are also considered WOTUS. Our delineation methodology generally follows the guidance
outlined in the Regional Supplement to the USACE Wetland Delineation Manual for the Atlantic and
Gulf Coastal Plain region, which states that areas must exhibit three distinct characteristics to be
considered jurisdictional wetlands: 1) prevalence of hydrophytic (water tolerant) plants; 2)
presence of hydric soils; and 3) sufficient wetland hydrology indicators within 12 inches of the
ground surface. The study area was also reviewed for the presence of tributaries (stream
channels) using criteria provided by the USACE and the N.C. Division of Water Resources
(NCDWR). When present, intermittent, and perennial tributaries, and certain other surface waters,
are also considered typically jurisdictional by the USACE and/or NCDWR.
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Rocky Mount Memorial Park I Nash County, NC --
December 15, 2023 I Terracon Project No. 70237669 ■ ferracon
The following wetlands and waters will be under federal jurisdiction pursuant to the CWA:
• Traditional navigable waters (TNWs)
• Wetlands adjacent to TNWs
• Non-navigable tributaries of traditional navigable waters that are relatively permanent
where the tributaries typically flow year-round or have continuous flow at least seasonally
(3 months). This includes perennial streams and most intermittent streams
• Wetlands that are adjacent to such waters and tributaries
• Relatively permanent, standing or continuously flowing bodies of water "forming
geographic features" that are described in ordinary parlance as "streams, oceans, rivers,
and lakes". These are Relatively Permanent Waters (RPWs).
The U.S. Supreme Court issued its decision in Sackett v. Environmental Protection Agency (EPA)
on May 25, 2023. Based on the ruling, waters of the U.S. (WOTUS) are limited to streams, rivers,
lakes, oceans, relatively permanent water bodies that are connected to navigable waters that are
navigable in fact, and wetlands that have a continuous surface connection (i.e. adjacent) with
navigable waters; provided the relatively permanent water bodies and wetlands constitute WOTUS
and are"indistinguishable from"those waters. As of August 29, 2023, the new WOTUS Rule defines
adjacent to mean "having a continuous surface connection".
Based on the May 25, 2023, court ruling, the significant nexus test is no longer relevant, and some
previously Section 404 wetlands may no longer be jurisdictional under Section 404 if they do not
have a continuous surface connection to receiving waters. This ruling is significant because unlike
previous court decisions, the Sackett case gives a majority ruling that will reshape the Section 404
regulatory framework in a more concise manner. It also has changed the way the State of North
Carolina views those wetlands that are determined to be isolated/non-404 wetlands.
Previously under state law, North Carolina had an "isolated/non-404 wetland" permitting program,
which generally required a state permit even if the wetland is not subject to Section 404 jurisdiction
of the Corps. However, the need for a state permit has changed. On June 27, 2023, the NC
legislature changed the state law definition for"wetlands"to be consistent with the federal rule. On
September 20, 2023, North Carolina provided a public notice that stated, "Isolated wetlands and
non-jurisdictional wetland permits will not be necessary for properties that have received Approved
Jurisdictional Determinations (AJDs) confirming the wetlands on the property are not under the
WOTUS rule". Now that the USACE and EPA have restricted wetlands to only those water features
with a continuous connection to a water course, it appears that the NCDEQ will not require
isolated\non-404 wetland permits.
The following waters will still likely be considered non jurisdictional under the CWA:
• Swales or Erosional features (gullies, small washes characterized by low volume, infrequent
or short duration flows)
• Ditches (including roadside ditches) excavated wholly in and draining only uplands and that
do not carry a relatively permanent flow of water.
Preliminary Delineation Results
Our review of the Rocky Mount Memorial Park Site identified no potential WOTUS, including
wetlands, that could be subject to Section 404/401 jurisdiction by the USACE and/or NCDWR,
occur onsite. No areas were observed that exhibited the three, required wetland criteria;
vegetation, hydric soil conditions, and hydrology. No stream channels or tributaries were observed.
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Rocky Mount Memorial Park I Nash County, NC --
December 15, 2023 I Terracon Project No. 70237669 ■ Terracon
Clean Water Act Permitting
Most impacts to wetlands and WOTUS, which are deemed under the jurisdiction of either the federal
or state regulatory authority (USACE or NCDWR, respectively) must first be permitted pursuant to
Section 404 and Section 401 of the CWA. Activities so authorized are subject to additional
requirements to comply with water quality and storm water management regulations. The
Nationwide Permit (NWP) program, administered by USACE, provides permitting of impacts which
do not exceed pre-determined thresholds. No potentially jurisdictional features were observed
onsite and no CWA permitting is anticipated.
Riparian Buffers/Setbacks
The project study area is within the Tar-Pamlico River Basin. Per the Tar-Pamlico River Basin
Riparian Buffer Rules, a 50-foot buffer may apply to streams that are mapped on either the most
current version of the 1:24,000 scale (7.5 minute) quadrangle topographic map (Exhibit 1) and/or
the published Soil Survey prepared by the Natural Resources Conservation Service of the United
States Department of Agriculture (Exhibit 2). No streams or ponds are depicted within the study
area pursuanrt to the published soil survey and the topographic map. Riparian buffers will not
apply to this site.
Recommendations
No potential wetlands or WOTUS were identified on the Rocky Mount Memorial Park Site. No
riparian buffers apply to the site. Please contact our office if you have questions regarding this
evaluation.
Sincerely,
Terracon Consultants, Inc.
Wa.F-eh
Dylan Warren Rhiannon Graham
Field Scientist Senior Staff Scientist
6'` %'_ va.sr.
Jeff Harbour, SPWS
Senior Scientist
Attachments: Exhibits and Photographs
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M Project Study Area DATA SOURCES: E
0 500 1,000 2,000 USGS Topographic Basemap;2022;Site Boundary
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RG 70237669 USGS Topographic
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Drawn By: NR 1 in = 1,000 ft. Rocky Mount Memorial Park N-
Checked By: Filename: 1 P.
DW MemorialPark Nash County, NC
Approved By: Date: 2401 Brentwood Road,Suite 107 Raleigh,NC 27604
RG December 2023 Phone:[phone] Fax: [phone]

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NRCS Soil Mapping Units:
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Np6:Norfolk-Wedowee complex,2-6%slopes E
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Project Study Area DATA SOURCES: E
0 175 350 700 Site Boundary based on NC One Map Nash County; I
11 NRCS Soil Data Nash County 2989
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PM: Project No. NRCS Soil Survey EXHIBIT '1
RG 70237669 lierracon
NO.
Drawn By: Scale:
NR 1 in = 350 ft.- Rocky Mounty Memorial Park
Checked By: Filename: 2
DW MemorialPark Nash County, NC
Approved By: Date: 2401 Brentwood Road,Suite 107 Raleigh,NC 27604
RG December 2023 Phone:[phone] Fax: [phone]

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These preliminary delineation results are subject to regulatory
review and concurrence. ;
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This is not a replacement for a traditional survey and is suitable E
for preliminary planning purposes only and for use by a surveyor
to aid in locating flags.
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There were no wetlands or water of the US that were found on
site.
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J Project Study Area
0 100 200 400 DATA SOURCES: E
Esri Aerial Imagery Basemap 2023;Site Boundary based 1)
11 on NC One Map Nash County
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PM: Project No. Potential Wetlands and Waters EXHIBIT�,
RG 70237669 • �erracon NO.
Scale: r
83
Drawn By: NR 1 in = 200 ft. Rocky Mount Memorial Park 0
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Checked By: Filename: 3
DW MemorialPark Nash County, NC
Approved By: Date: 2401 Brentwood Road,Suite 107 Raleigh,NC 27604
RG December 2023 phone:[phone] Fax: [phone]

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