SW3240306_Wetland Determination/Report_20240701

Natural & Cultural Resources Report
Project Whale Substation
Catawba County, North Carolina
November 2023 I Project No. 70237438
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Charlotte, North Carolina
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Project Whale Substation n Catawba County, NC
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November 2023 I Terracon Project No. 70237504
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.
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 directly abut such 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 are adjacent; meaning they
have a continuous surface connection 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".
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
4.1.1 Potential Wetlands Data
No potential wetlands were identified within the study area. No areas exhibiting the
three required wetland criteria were identified.
4.1.2 Potential Waters Data
One (1) potential WOTUS, an unnamed tributary to Lyle Creek (T1), was identified
in the study area. Figure 3 depicts the approximate extent and approximate location
of this feature. This figure is not intended to be a replacement for a traditional
survey and is not intended to be used as such. Table 3 contains the potential waters
(tributary) data collected as part of this project. USACE has discretion regarding the
jurisdictional status of this feature; however, this tributary appears to meet the
criteria to be considered a relatively permanent water and therefore subject to
Section 404 jurisdiction. The feature exhibits criteria that suggest that it is a
perennial water and will be subject to all applicable Section 404 permitting
requirements.
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