20071399 Ver 1_401 Application_20080108

0'1- 13°1 °l V 2
Thomas Engineering, P.A.
Civil Engineering.Land Development.Project Management
FEDEX: Trk#7988 5367 9622
To: USACE
107 Union Drive, Suite 202
Washington, NC 27889-1000
Attn: Tracey Wheeler
Re: Swift Creek Plantation
Craven County
2007-016
January 17, 2008
Q~c~~oe~D
JAN 2 3 2008
DENR -1AIATEN QUFU7't
WETUWDS AND STDRMWATEk BRr1NCH
PAID
Dear Tracey,
Please find attached for the above referenced project for your review and approval one
(1) copy of the PCN form, one (1) copy of the plans, and one (1) copy of all attachments.
As you-are aware, this project is a large, 475 +/- acre residential subdivision near
Vanceboro, NC. We request a Nationwide 29 residential development permit for this
site. Seven wetland impact sites are shown on the attached plans, all of which are
wetland fill impacts for roadway crossings and tota10.457 acres of wetland impacts. A
proposed conservation easement of approximately 22.9 acres is provided which mitigates
for wetland fill impacts at a ratio of approximately 50:1. The roadway has been designed
to impact wetlands at the least extent possible. The continuation .loop in the road is
necessary as required for passage of emergency vehicles and personnel.
Please review the enclosed documents and let me know if you need any additional
information. If you have any questions or comments, please do not hesitate to call.
Thank you,

Bobby Billingsley, PE
[e-mail]
Enclosures
Cc: John Dorney, DWQ (w/7 enclosures and check#7862)
FEDEX: Trk# 7997 8612 1993
309 Metcalf Street.P.O. Boz 1309.New Bern, NC 28563
Phone: [phone].Fax: [phone].Website: ThomasEngineeringPA.com

WETLAND
IMPACT
PLANS
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A
s
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VICINITY MAP
CREEK
STREETS l
ApplicandOwner
Swift Creek Plantation, LLC
3515 Trent Road, Suite 17
New Bern, NC 28561
Phone: [phone]
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WETLANDS AND STORMINATEk BRANCF!
WETLAND CROSSING PLANS for
SWIFT CREEK PLANTATION
NATIONWIDE PERMIT 29
CRAVEN COUNTY
NORTH CAROLINA
Thomas Engineering, P.A.
Clvll Engineering.Land Development.Project Management
P. O. Box 1309, New Bern, NC, 28563
www.ThomasEngineeringPA.com
Off• 252.637.2727 Fax: [phone]
SCALE: 1 ":2000' DATE: 12.04.07
PROJECT #: 2007-016 SHEET: 1 of 18

SWIFT CREEK
WETLAND FILL
TOTAL = ] 9840 SF (0.457 AC)
FLOODWAY LINE
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1637 SF
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COUNTY NORTH CAROLINA
Thomas En ineerin P.A.
Civil Engineering.Land Development.Project Management
P. O. Box 1309, New Bern, NC, 28563
www.ThomasEngineeringPA.com
Off: 252.637.2727 Fax: [phone]
SCALE: 1":1000' DATE: 12.04.07
PROJECT #: 2007-016 SHEET: 2 of 18

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NATIONWIDE PERMIT 29
TOWNSHIP # 1 CRAVEN COUNTY NORTH CAROLINA
--_ -
Thomas Engineering, P.A.
Civil Engineering.Land Development.Project Management
P. O. Box 1309, New Bern, NC, 28563
www.ThomasEngineeringPA.com
Off: 252.637.2727 Fax: [phone]
SCALE: 1 ":1000' DATE: 12.04.07
PROJECT #: 2007-016 SHEET: 3 of 18

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P. O. Box 1309, New Bern, NC, 28563
www.ThomasEngineeringPA.com
Off: 252.637.2727 Fax: [phone]
SCALE: 1 ":60' DATE: 12.04.07
PROJECT #: 2007-016 SHEET: 4 of 18

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SCALE: 1 ":60' DATE: 12.04.07
PROJECT #: 2007-016 SHEET: 5 of 18
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NATIONWIDE PERMIT 29
TOWNSHIP # 1 CRAVEN COUNTY NORTH CAROLINA
Thomas En in rin - - ~ .
g ee g, P.A.
Clvil Engineering.Land Development.Project Management
P. O. Box 1309, New Bern, NC, 28563
www.ThomasEngineeringPA. com
Off: 252.637.2727 Fax: [phone]
SCALE: 1":60' DATE: 12.04.07
PROJECT #: 2007-016 SHEET: 6 of 18
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NATIONWIDE PERMIT 29
TOWNSHIP# 1 CRAVEN COUNTY NORTH CAROLINA
Thomas En ineerin , P.A.
g g
Civil Engineering.Land Development.Project Management
P. O. Box 1309, New Bern, NC, 28563
www.ThomasEngineeringPA.com
Off: 252.637.2727 Fax: [phone]
SCALE: 1":60' DATE: 12.04.07 I
PROJECT #: 2007-016 ~ SHEET: 7 of 18

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NATIONWIDE PERMIT 29
TOWNSHIP # 1 CRAVEN COUNTY NORTH CAROLINA
v._ __
Thomas Engineering, P.A.
Civil Engineering.Land Development.Project Management
P. O. Box 1309, New Bern, NC, 28563
www.ThomasEngineeringPA.com
Off: 252.637.2727 Fax: [phone]
SCALE: 1 ":60' DATE: 12.04.07
PROJECT #: 2007-016 SHEET: 8 of 18

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WETLAND CROSSING PLANS for
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NATIONWIDE PERMIT 29
TOWNSHIP # 1 CRAVEN COUNTY NORTH CAROLINA
~~
Thomas En ineerin , P.A.
Civil Engineering.Land Development.Project Management
P. O. Box 1309, New Bem, NC, 28563
www.ThomasEngineeringPA. com
Off: 252.637.2727 Fax: [phone]
SCALE: 1 ":60' DATE: 12.04.07 I
2007-016 SHEET: 9 of 18 ~
PROJECT #:..~ _ ~~~.:
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RIPARIAN BUFFER EXEMPTION
100' EACH WAY NORTH AN'D SOUTH
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SWIFT CREEK PLANTATION
NATIONWIDE PERMIT 29
TOWNSHIP # 1 CRAVEN COUNTY NORTH CAROLINA
__
Thomas En ineerin , P.A.
L ._~:~~ -a r_~ x.. _ _ ~ g g
Civil Engineering.Land Development.Project Management
P. O. Box 1309, New Bem, NC, 28563
www.ThomasEngineeringPA. com
Off: 252.637.2727 Fax: [phone]
SCALE: 1":60' DATE: 12.04.07
PROJECT #: 2007-016 SHEET: 11 of 18

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SWIFT CREEK PLANTATION
NATIONWIDE PERMIT 29
T WN HIP # 1 CRAVEN COUNTY NORTH CAR -'
OLINA
Thomas En ineerin , P.A.
g g
Civil Engineering.Land Development.Project Management
P. O. Box 1309, New Bern, NC, 28563
www.ThomasEngineeringPA. com
' Off: 252.637.2727 Fax: [phone]
SCALE: 1 ":60' DATE: 12.04.07
PROJECT #: 2007-016
SHEET: 12 of 18
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STATION
IMPACT 5 PROFILE
WETLAND CROSSING PLANS for
SWIFT CREEK PLANTATION
NATIONWIDE PERMIT 29
TOWNSHIP # 1 CRAVEN COUNTY NORTH CAROLINA
.;.
Thomas Engineering, P.A.
Civil Engineering.Land Development.Project Management
P. O. Box 1309, New Bem, NC, 28563
www.ThomasEngineeringPA.com
Off: 252.637.2727 Fax: [phone]
SCALE: 1 ":60' DATE: 12.04.07
PROJECT #: 2007-016 SHEET: 13 of 18
SECTION B-B

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WETLAND CROSSING PLANS for
SWIFT CREEK PLANTATION
NATIONWIDE PERMIT 29
TOWNSHIP # 1 CRAVEN COUNTY NORTH CAROLINA
Thomas En ineerin , P.A.
g g
Civil Engineering.Land Development.Project Management
P. O. Box 1309, New Bem, NC, 28563
www. ThomasEngineeringPA.com
Off: 252.637.2727 Fax: [phone]
SCALE: 1 ":60' DATE: 12.04.07
PROJECT #: 2007-016 SHEET: 14 of 18
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STATION
IMPACT 6 PROFILE
WETLAND CROSSING PLANS fog
SWIFT CREEK PLANTATION
NATIONWIDE PERMIT 29
TOWNSHIP # 1 CRAVEN COUNTY NORTH CAROLINA
Thomas En ineerin , P.A.
g g
Civil Engineering.Land Development.Project Management
P. O. Box 1309, New Bem, NC, 28563
www.ThomasEngineeringPA. com
Off: 252.637.2727 Fax: [phone]
SCALE: 1 ":60' DATE: 12.04.07
PROJECT #: 2007-016 SHEET: 15 of 18
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SWIFT CREEK PLANTATION
NATIONWIDE PERMIT 29
TOWNSHIP # 1 CRAVEN COUNTY NORTH CAROLINA
Thomas Engineering, P.A.
Civil Engineering.Land Development.Project Management
P. O. Box 1309, New Bern, NC, 28563
www.ThomasEngineeringPA.com
Off: 252.637.2727 Fax: [phone]
' SCALE: 1 ":60' DATE: 12.04.07
PROJECT #: 2007-016
SHEET: 16 of 18

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IMPACT 7 PROFILE
WETLAND CROSSING PLANS for
SWIFT CREEK PLANTATION
NATIONWIDE PERMIT 29
TOWNSHIP # 1 CRAVEN COUNTY NORTH CAROLINA
Thomas Engineering, P.A.
Civil Engineering.Land Development.Project Management
P. O. Box 1309, New Bern, NC, 28563
www. ThomasEngineeringPA. com
Off: 252.637.2727 Fax: [phone]
SCALE: 1":60' DATE: 12.04.07
PROJECT #: 2007-016 SHEET: 17 of 18
SECTION B-B

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S A ~ h' ~ P. O. Box 1309, New Bern, NC, 28563
4 (l~lJ ~ www.ThomasEngineeringPA.com
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~~-~3aaY2
PCN
USGS QUAD
SOILS MAP
PROPOSED CONSERVATION
EASEMENT COVENANTS
Q~~~od~~
JAN 2 3 2008
pENR -1NAi'E~t (~URUl`I
WETLANDS AND STORPAWATER ~°~

Office Use Only: Form Version March OS
USAGE Action ID No. DWQ No. fl ~ ~ ~ 3 a a V
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 29
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
IL Applicant Information D ~ ~ ~ ~~~ D
1. Owner/Applicant Information JAN 2 3 2008
Name: Swift Creek Plantation LLC
Mailing Address: 3515 Trent Road, Suite 17 DE~ra'w~
`,N~TI~lR1B~.~R"~r+-crnQUwarFR izR:wr.}-
New Bern, NC 28561
Telephone Number: 252 637-5600 Fax Number: 252.637.3911
E-mail Address: janief(a~newbernforrent.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: John G. Thomas PE
Company Affiliation: Thomas En ineerin~, PA
Mailing Address: PO Box 1309, New Bern, NC 28563
Telephone Number: 252.637.2727 Fax Number: 252.636.2448
E-mail Address: JohnThomas(a),ThomasEn ing eeringPA.com
Updated 11/1/2005
Page 5 of 12

III. Project Information
Attach a vicinity map clearly showing the location of the property with ~ respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Swift Creek Plantation
2. T.I.P. Project Number or State Project Number (NCDOT Only): n/a
3. Property Identification Number (Tax PIN): 1-046-054
4. Location
County: Craven Nearest Town: Vanceboro, NC
Subdivision name (include phase/lot number): Swift Creek Plantation
Directions to site (include road numbers/names, landmarks, etc.): From Vanceboro, travel
1.25 miles south on Streets Ferry Road. Site is on the left.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35-16-52 °N 77-08-37 °W
6. Property size (acres): 475 ac
7. Name of nearest receiving body of water: Swift Creek
8. River Basin: Neuse River
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Existing open fields, farmland, and forested cover.
Updated 11/1/2005
Page 6 of 12

10. Describe the overall project in detail, including the type of equipment to be used:
Residential subdivision to be constructed using backhoes, graders, haul trucks, and typical
construction equipment.
11. Explain the purpose of the proposed work: To develop the tract into a residential low
density subdivision.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. n/a
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Fill in wetlands for road
crossings only. Conservation easement provided.
Updated 11/1/2005
Page 7 of 12

2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
Site 1 Wetland Fill Forested Yes 4500 0.027
Site 2 Wetland Fill Forested Yes 2100 0.140
Site 3 Wetland Fill Forested Yes 2300 0.042
Site 4 Wetland Fill Forested Yes 2500 0.194
Site 5 Wetland Fill Forested Yes 4500 0.038
Site 6 Wetland Fill Forested Yes 5500 0.008
Site 7 Wetland Fill Forested Yes 5500 0.008
Total Wetland Impact (acres) 0.457
3. List the total acreage (estimated) of all existing wetlands on the property:110 +/-
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acrea e, multi 1 length X width, then divide by 43,560.
Stream Impact
Number

(indicate on ma)
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width

Before Im act Impact
Length

(linear feet) Area of
Impact

(acres)

Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on ma) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)

Total Open Water Impact (acres)
Updated 11/1/2005
Page 8 of 12

6. List th
e cumulative im act to all Waters of the U.S. resulting from the project.
Stream Impact (acres):
Wetland Impact (acres): 0.457
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres) 0.457
Total Stream Impact (linear feet):
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Wetland fill for road crossings at smallest width wetland points possible The road layout has
been designed for the least impacts to existing wetlands possible The loop in the road is
necessarv for passage of emergency vehicles and personnel as required The conservation
easement proposed mitigates for wetland fill at a ratio of ap~roximate1~50_l
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Updated 11/1/2005
Page 9 of 12

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most current
version.).
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Recorded conservation easement. Ratio of conservation easement is approximately 50.1
X50 acres of conservation easement per 1 acre of wetlands filledl. See attached proposed
covenants for this conservation easement.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://www.nceep.net/~ages/inlieureplace.htm. If use of the NCEEP is proposed,
please check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): n/a
Amount of buffer mitigation requested (square feet): n/a
Amount of Riparian wetland mitigation requested (acres): n/a
Amount ofNon-riparian wetland mitigation requested (acres): n/a
Amount of Coastal wetland mitigation requested (acres): n/a
Updated 11/1/2005
Page 10 of 12

VIII. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No
IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
* Impact Required
Zone ~~,,,,~1e ~ ,+~ Multiplier ,,,~,~:__,,__
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. n/a
Updated 11/1/2005
Page 11 of 12

-`
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
Stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. This project will be low density. Stormwater _
will be transported via roadside swales to wetlands, passing through scour holes/level spreaders
where applicable prior to entry into wetlands.
XII. Sewage Disposal (required by DWQ)
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.
Septic tanks.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this anafter-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
n/a

Ap~licant/Ag ht' Signature Date
(Agent's signature is only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 12 of 12

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NORTH CAROLINA
CRAVEN COUNTY
CONSERVATION DECLARATION
This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and
RESTRICTIONS ("Declaration") is made on this the day of January, 2008, by Swift Creek
Plantation, LLC, a North Carolina limited liability company, Trent Road, New Bern, NC
("Declarant").
RECITALS & CONSERVATION PURPOSES
A. Declarant is the sole owner in fee simple of the certain Conservation Property (Property)
being approximately 22.9 acres, and designated as Conservation Easement A on that certain map or plat
entitled, Swift Creek Plantation, recorded in Plat Cabinet Ii;XXX of the Craven County Registry,
reference to which is hereby made for a more perfect description.
B. The purpose of this Conservation Declaration is to maintain wetland and/or riparian
resources and other natural values of the Property, and prevent the use or development of the Properly for
any purpose or in any manner that would conflict with the maintenance of the Property in its natural
condition. The preservation of the Property in its natural condition is a condition of Department of the
Army permit Action SAW-I~;XXX issued by the Washington District Corps of engineers (Corps),
required to mitigate for unavoidable impacts to waters of the United States authorized by that permit, and
this Conservation Declaration may therefore be enforced by the United States of America.
Now, therefore, the Declarant hereby unconditionally and irrevocably declares that the Property
shall be held and subject to the following restrictions, covenants and conditions as set out herein, to run
with the subject real property and be binding on all parties that have or shall have any right, title, or
interest in said property.
ARTICLE I. PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purposes of this Conservation
Declaration is prohibited. The Property shall be maintained in its natural, scenic, and open condition and
restricted from any development or use that would impair or interfere with the conservation purposes of
this Conservation Declaration set forth above.
Without limiting the generality of the foregoing, the following activities and uses are expressly
prohibited or restricted.

A. Disturbance of Natural Features. Any change disturbance, alteration or
impairment of the natural features of the Property or any introduction of non-native plants and/or animal
species is prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile home,
asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit,
line, pier, landing, dock or any other temporary or permanent structure or facility on or above the
property.
C. Industrial. Commercial and Residential Use. Industrial, residential and/or commercial
activities, including any right of passage for such purposes are prohibited.
D. A~xicultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry,
and horticultural use of the Property are prohibited.
E. Ve etation. There shall be no removal, burning, destruction, harming, cutting or
mowing of trees, shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways on the
Property.
G. Signa~e• No signs shall be permitted on or over the Property, except the posting of
no trespassing signs, signs identifying the conservation values of the Property, signs giving directions or
proscribing rules and regulations for the use of the Property and/or signs identifying the Grantor as Owner
of the Property.
H. Dumping or Storm Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any
placement of underground or aboveground storage tanks or other materials on the Property is prohibited.
I. Excavation, Dredging,or Mineral Use. There shall be no grading, filling, excavation,
dredging, mining or drilling; no removal of topsoil, sand, gavel, rock, peat, minerals or other materials,
and no change in the topography of the land in any manner on the Property, except to restore natural
topography or drainage patterns.
J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with
water control structures or devices, or disruption or alteration of the restored, enhanced, or created
drainage patterns. In addition, diverting or causing or permitting the diversion of surface or underground
water into, within or out of the easement area by any means, removal of wetlands, polluting or
discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited.
k. Development Rights. No Development rights that have been encumbered or
extinguished by this Conservation Declaration shall be transferred pursuant to a transferable development
rights scheme or cluster development arrangement or otherwise.
2

L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all-terrain vehicles, cars and trucks is prohibited.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or may
become inconsistent with the purposes of this grant, the preservation of the Property substantially in its
natural condition, or the protection of its environmental systems, is prohibited.
ARTICLE II. ENFORCEMENT & REMEDIES
A. This Declaration is intended to ensure continued compliance with the mitigation
condition of authorizations issued by the United States of America, U. S. Army Corps of Engineers,
Wilmington District, and therefore may be enforced by the United States of America. This covenant is to
run with the land and shall be binding on all parties and all persons claims under the Declarant.
B. Corps, its employees and agents and its successors and assigns, have the right, with
reasonable notice, to enter the Property at reasonable times for the purpose of inspecting the Property to
determine whether the Declarant, Declarant's representatives, or assigns are complying with the terms,
conditions and restrictions of this Conservation Declaration.
C. Nothing contained in this Conservation Declaration shall be construed to entitle Corps to
bring any action against Declarant for any injury or change in the Conservation Property caused by third
parties, resulting from causes beyond the Declarant's control, including, without limitation, fire, flood,
storm, and earth movement, or from any prudent action taken in good faith by the Declarant under
emergency conditions to prevent, abate, or mitigate significant injury to life, damage to Property or harm
to the Property resulting from such causes.
ARTICLE III. PUBLIC ACCESS
A. This Conservation Declaration does not convey to the public the right to enter the
Property for any purpose whatsoever.
ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Property Condition. The Declarant represents and acknowledges that
the Property is currently undeveloped land, with no improvements other than any existing utility lines,
Declarations and rights of way.
B. Title. The Declarant covenants and represents that the Declarant is the sole owner and
is seized of the Property in fee simple and has good right to make the herein Declaration; that there is
legal access to the Property, that the Property is free and clear of any and all encumbrances, except
Declarations of record.
3

ARTICLE V. MISCELLANEOUS
A. Conservation Purpose.
(1) Declarant, for itself, its successors and assigns, agrees that this Conservation
Property shall be held exclusively for conservation purposes.
B. Entire Agreement. This instrument sets forth the entire agreement of the parties with
respect to the Conservation Declaration and supersedes all prior discussions, negotiations, understandings
or agreements relating to the Conservation Declaration. If any provision is found to be invalid, the
remainder of the provisions of this Conservation Declaration, 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.
C. Recording. Declarant shall record this instrument and any amendment hereto in
timely fashion in the official records of Craven County, North Carolina, and may re-record it at any time
as may be required to preserve its rights.
D Environmental Condition of Conservation Property. The Declarant warrants and
represents that to the best of its knowledge after appropriate inquiry and investigation: (a) the Property
described herein is an at all times hereafter will continue to be in full compliance with all federal, state
and local environmental laws and regulations, and (b) as of the date hereof there are no hazardous
materials, substances, wastes, or environmentally regulated substances (including, without limitation, any
materials containing asbestos) located on, in or under the Property or used in connection therewith, and
that there is no environmental condition existing on the Property that may prohibit or impede use of the
Property for the purposes set forth in the Recitals.
IN WITNESS WHEREOF, the parties have cause this instrument to be executed in such form as
to be binding, the day and year first above written.
Swift Creek Plantation, LLC
By: (Seal)
Janie Figueroa, Manager
4

NORTH CAROLINA
CRAVEN COUNTY
I, a Notary Public of the county and state
aforesaid, certify that on this date before me personally appeared Janie Figueroa, Manager of Swift
Creek Plantation, LLC„ personally known to me or who produced NC Driver's License as identification
and voluntarily signed the foregoing or attached instrument for the purposes therein stated and in the
capacity indicated.
Witness my hand and official stamp or seal this the day of , 2007.
Notary Public
My Commission Expires:

o~-13q~1V'2
NCDENR
DWQ
BLUE-LINE STREAM
DETERMINATION

~~`~~~ WAr~~~~
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\;n6 +~i...:,Ik'~:rt+it + -vr r. n~an+i `ws~4r~u ti~-.,f,ia1
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t l itl U f~ti~•en Ridge kr~ad
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rhCrn'ld~s F.n~incerinz, P:.~,
I'. C1. Fic~~ 1~CI9
~Ier~~ F3ern_ `vC ?~l'~fi_
'pub;ett }'repert~ : S~+~ift Creek Plantation
l..l' to S~a~itt C"reek. ?~et$se Riper basin
()n-Site 1?etermination far Applicabilitt~ to the leuce R.i~~er Riparian Area Prt~tecti4n Rules (1 ~,'1 'tiC';1,(.
ZB .l)233~
I~}ettr htr. C"t}le:
:~.t , c+>.rr reyuea€ I 4t1nc#uctcd an un-site dettrntittatic~n tc} r~r>i~c{ i3raina~e f~atur~s iz~cat~.~ cjrt tC~~ ~ub~cct prc~p~rt~
?i1r app(icabilit~ tc1 the'~euse Buffer Rules C. I~, '~C'.~C' ?C3 .U2 ~~i. I'he prap~rtti~ is Cc--cated c?rt the. east side of
Streets Derr} }~~a~f (SIt ICU}. sautl~ ttf ~'aticek~c~ru. The feature is Iaf~eled as "~"aR~)_t}~=l ~~~" can the attachcci
I113p lritttaled l}~' rl]~ 4i1 :~tl~tiSt ~~, 2I1t17
The Divisian of V4`ater (duality (C1VV"+~) tt~s de#ermined that the partian of the future that is h-~hli~htecl
in pink an the attached map is Etcemot from the Itieuse CE3uffer lFtules. °T"he portians of the feature that are
circled and highlighted in blue on the attached map are Subject to the tieuse >~uffer Rules. This T'eatcare
sltc~uld lie identified can any future plans fir this prupert~•. The c~ti7ter (ctr futtue c~r~~ers) she}uld nc,tif}' the l)1'~'(~)
rand ckther rel4~artt agencies) r~#`this decision in and future ec~rresponel4nccs c:uncernin~ thi4 prc~Ile1-t~~. ~I-his
c~eterrninatic~n pertains to the subject prop~:rty c~nl~~. -I~his un-site dcte:rrrtinatic~n shall wsI-~irt #i~e (~} years frc~lr,
th,: date +~f this letter.
lWattdt~~~ leers «r affected parties that dispute ~~ deterrtZiriation rt3ade C_iL• the L)E~~c~ ~,r Uclegatcd Lr~ca! :°luthc>ritr
xhat a surface 4;ater exists artd that it is 4ulziect tcj the huger rule rt~a~ request a cietcrrninatic~n h~ the I~irectclr.
reaatett far a detertt'iinatir~ti b~- thz Director shall be rzferred tc~ the Director itt ~~+•riting c. ~-~ C~t7di l~ar4~l~. I~4~'(3
~~'etlands.~~l(ll [.init. ? a? l C'ral?tree I~lti~d.. Raleigh,'~C' 271}t~~-?~f}t#, Inditi idtrals that ~isptrt~ r~ ~~t~rn~tnatii~at h~_,•
the T}'r~'E~ c}r Delegated I.s~c:al .~uthc~rity €hat "exempts" a 4urface ~~"ater frc?In the huf#'er rtzf~ rtia~ asl: t~~r ttr7
tt~ljtrclicatt~r~ hearing. 4'ctu must. act ~iithin 6th dtt~s of`th date tha€ tictu reeeite this later. .~l~plic7r~ts are
h~rc:h; notiiec# that the btl-day statutc~r~ appeal time dais not start until the at~#~ectecl partti i:inelui~it~~_
d~~~~-ttstrcartt ar~d adi:~cc:nt landc~ls~-tt4rs t is n~-1ti#ied of this ciecisic:~n< U~t"(~ rc.t.ilmmcncls that €he ;~p~lic:il~t
~r~ttduct this nc~tii~cati~t~ ita ~~rder tc~ Lie cc~rtaitl th;tt third part~~ ap~~als ~~. Inad~ in a tin~el~ rnatt~aer.
__
\,°rt~ { .~r>~;7^« 1~+5~7ab,n a~i '~~ a[er t~iriatst5 !*t8f118t. ?12G,8ttt.-51318-~~~ u~
u~3 lw ahm~L++r,'.yr3:ui Rat.' ('h~rne: ''~~ ~~.b-b~FY;I TMTM~~l~C1L /~'~
,a,4~;hm i m. A.'f ' x.89 F ~.x '~' ~1t,•9~ ~ l~~~ ~~~f}~(l/l~[!;
tip: ~;~~~ ..ys~rtu ~'~ ~.k+rm~cve ~.c:~. ~mp~ry~r - ti;~a ~eryc :,~. ~+ ~~ suer ~a,~e° ~~`~t~t>>~,~t111

i ~~r ask fc~r a h~arin~, send ~ ~4~ritten petition, ~i~hich ccnfomts ttt Chapter 1 ~~113 c?f the ~`dc+nlt ~`aa-~-rlirta CBeni:ral
Statues to the Ufticc of.'ldministrati~e Hearings. G'~14 1~4ai1 Service Center, l~alcizh. N.C'. ??(i~r~-E,?14. l~lti:
detertninatic-n is final and binding; unless ~~c~u ask. for a hearing ~vitl~in 6() dais.
(r~is letter an14~ addresses the ap}ylicdbility tc~ the buffer roles and dc~e4 ~lc~t appr~~e t~r~~ actiait~- c~~ithin the:
buffers. "~ior does this letter appre~~~e anti aetivite r~-ithitt ~`atcrs c7f'the [nited States u~r ~4'aters ctf'tl~e'~tatw. li~
~4~u h~s~e an}~ additional questions i~r rec{uire additional information please call one at t3~?} ~i48_~~?fy.
Sincerely.
Chris Pullin~er~lrn~iriinmental S1.3zc. 11
D~l•`Qlu4'aRC}
«`etlands ~ ~(}1 Unit
Lnclc±sures: enp}~ of l .2~1,U~0 scale i:SCiS topo~raphie n7ap, Vanceboro quadrangle
cc. l.~r~~~'c~ t~~ aR() file
~U1 Central Office file
C'c:ntral Files
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iFiiename: 'Ct07-l s~4

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WETLAND
DETERMINATION
DATA SHEETS

Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
[phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Swift Creek Plantation 10567.S3 Date: 9/6/07
Applicant/Owner: _ Swift Creek Developmen# Co, LLC County: CRAVEN
Investigator: WC ~ SM State: NC
Do Normal Circumstances exist on the site? X Yes No Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID:
Is the area a potential Problem Area? Yss X No Plot ID: Data Point 4
If needed, ex lain an reverse.
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Ctethra alnifolia Shrub FACW 9.
2. lpomoea hederifolia Herb FACW 10.
3. Saururus cernuus Herb OBL 11.
4. 12.
5. 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC
{excluding FAC-}: 100%
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream, Lake or Tide Gauge
Aerial Photographs
_ Other
X No Recorded Data Available Wetland Hydrology Indicators:
Primary Indicators:
_ Inundated
X Saturated in Upper 12 Inches
_ Sediment Deposits
X Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):
Oxidized Root Channels in Upper 12 Inches
Depth of Surtace Water: n/a (in.) Water-Stained Leaves
Local Soil Survey Data
Depth to Free Water in Pit: 3 (in.) X FAC-Neutral Test
_ Other (Explain in Remarks)
Depth to Saturated Soil: 0 (in.)
Remarks:

Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
[phone]
ProjecUSite: Swift Creek Plantation 10567.S3 Plot ID: Data Point 4
SOILS
Map Unit Name Se Drainage Class: Moderate) Well
(Series and Phase): Seabrook Field Observations
Taxonomy (Subgroup}: Mixed, Thermic, Typic Udisamment Confirm Mapped Type? Yes X No
Profile Descriation:
Depth Matrix Color Mottle Color Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-12 A 0-16 N 210 - Fine sand loam
Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon X High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed on Local Hydric Soils List
X Reducing Conditions Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks: Soif similar to the Arapahoe soil series.
WETLANDS DETERMINATION
Hydrophytic Vegetation Present? X Yes ~ No Is this sampling point within a wetland?
Wetland Hydrology Present? X Yes No X Yes No
Hydric Soils Present? X Yes No
Remarks: Impacts 6 8 7.

i
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
[phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Swift Creek Plantation 10567.S3 Date: 9/6/07
Applicant/Owner: Swift Creek Development Co, LLC County: CRAVEN
Investigator: WC & SM State: NC
Do Normal Circumstances exist on the site? X Yes No Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID:
Is the area a potential Problem Area? Yes X No Plot ID: Data Point 5
If needed, ex lain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Arundinaria gigantea Herb FACW 9.
2. Dicanfhelium scabriusculum Herb OBL 10.
3. Acer rubrum Tree FAC 11.
4. Smilax rotundifolia Herb FAC 12.
5. 13.
s. 1a.
7. 15.
8- 16.
Percent of Dominant Species that are OBL, FACW, or FAC
(excluding FAC-}: 100%
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks}:
Stream, Lake or Tide Gauge
Aerial Photographs
_ Other
X No Recorded Data Available Wetland Hydrology Indicators:
Primary Indicators:
Inundated
X Saturated in Upper 12 Inches
_ Sediment Deposits
X Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):
_ Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: n/a (in.) Water-Stained Leaves
~
_ Local Soil Survey Bata
Depth to Free Water in Pit: n/a (in.) X FAC-Neutral Test
_ Other (Explain in Remarks)
Depth to Saturated Soil: 12 (in.)
Remarks:

Wetland Delineation Pertormed Sy: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
[phone]
Project/Site: Swift Creek Plantation 10567.S3 Plot ID: Data Point 5
SOILS
Map Unit Name Ap Drainage Class: Ve Poorl
(Series and Phase): _ Arapahoe Field Observations
Coarse-loamy, mixed nonacid, Thermic Typic
Taxonomy (Subgroup}: Humaquept Confirm Mapped Type? X Yes No
Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Concretions,
inches Horizon {Munsell Moist} (Munsell Moist) Abundance/Contrasf Structure, etc.
0-12 A 0-16 N 210 - Fine sand loam
Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon X High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed on Local Hydric Soils List
X Reducing Conditions Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors Other (Explain in Remarks}
Remarks:
WETLANDS DETERMINATION
Hydrophytic Vegetation Present? X Yes ~ No Is this sampling point within a wetland?
Wetland Hydrology Present? X Yes No X Yes No
Hydric Soils Presenf? X Yes No
Remarks: Impact 1

Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
{919) 846-5900
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Swift Creek Plantation 10567.53 Date: 9/6/07
Applicant/Owner: Swift Creek Development Co, LLC County: CRAVEN
Investigator: WC & SM State: NC
Do Normal Circumstances exist on the site? X Yes No Community lD:
Is the site significantly disturbed (Atypical Situation}? Yes X No Transect ID:
Is the area a potential Problem Area? Yes X No Plot ID: Data Point 6
If needed, explain on reverse.
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Arundinaria gigantea Herb FACW 9.
2. Fraxinas pennsylvanica Tree FACW 10.
3. Acer rubrum Tree FAC 11.
. Smilax rotundifolia Herb FAC 12.
5. Mon:lla cerfiera Shrub FAC+ 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC
(excluding FAC-): 100%
Remarks:
HYDROLOGY
_ Recorded Data (Describe in Remarks):
Stream, Lake or Tide Gauge
Aerial Photographs
Other
X No Recorded Data Available Wetland Hydrology Indicators:
Primary Indicators:
Inundated
^_ Saturated in Upper 12 Inches
X Sediment Deposits
X Drainage Patterns in Wetlands
Field Observations: Secondary Indicators {2 or more required):
_ Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: n/a (in.) ^Water-Stained Leaves
_ Local Soil Survey Data
Depth to Free Water in Pit: n/a (in.) X FAC-Neutral Test
Other (Explain in Remarks)
Depth to Saturated Soil: 12 {in.)
Remarks:

Wetland Delineation Performed By: Soil ii Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
[phone]
Project/Site: Swift Creek Plantation 10567.S3 Plot ID: Data Point 6
SOILS
Map Unit Name Ap Drainage Class: Ve Poorl
(Series and Phase}: _ Arapahoe Field Observations
Coarse-loamy, mixed nonacid, thermic Typic
Taxonomy (Subgroup): Humaguept Confirrn Mapped Type? X Yes _ No
Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Concretions,
inches Horizon (Mansell Moist) (Mansell Moist) Abundance/Contrast Structure, etc.
0-12 A 0-16 N 210 - Fine sand loam
Hydric Soil Indicators:
_ Histosol Concretions
Histic Epipedon X High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed on Local Hydric Soils List
X Reducing Conditions Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
WETLANDS DETERMINATION
Hydrophytic Vegetation Present? X Yes _ No Is this sampling point within a wetland?
Wetland Hydrology Present? X Yes No X Yes No
Hydric Soils Present? X Yes No
Remarks: Impact 5

Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
{919)846-5900
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Swift Creek Plantation 10567.S3 Date: 9/6/07
Applicant/Owner: Swift Creek Development Co, LLC County: CRAVEN
Investigator: WC & SM State: NC
Do Normal Circumstances exist on the site? X Yes No Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID:
Is the area a potential Problem Area? Yes X No Plot ID: Data Point 7
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Saururus cemuus Herb OBL 9.
2. Fraxinus pennsy(vanica Tree FACW 10.
3. Acer rubrum Tree FAC 11.
4. Nyssa silvatica Tree FAC 12.
5. _ Polygonum hy_dropiperoides Herb OBL 13.
6. Boehmeria cylirrdrica Herb FACW+ 14.
7. Woodwaria areolafa Herb OBL 15.
8. 16.
Percent of Dominant Speces tha t are OBL, FACW, or FAC
(excluding FAC-): 1000
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks}:
Stream, Lake or Tide Gauge
Aerial Photographs
_ Other
X No Recorded Data Available Wetland Hydrology Indicators:
Primary Indicators:
_ Inundated
X Saturated in Upper 12 Inches
X Sediment Deposits
X Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):
X Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: n/a (in.) X Water-Stained Leaves
_ Local Soil Survey Data
Depth to Free Water in Pit: 5 (in.) X FAC-Neutral Test
Other (F_xplain in Remarks)
Depth to Saturated Soii: 0 (in.)
Remarks:

Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
[phone]
Project/Site: Swift Creek Plantation i0567.S3 Plot ID: Data Point 7
SOILS
Map Unit Name Ap Drainage Class: Ve Poorl
(Series and Phase): _ Arapahoe Field Observations
Coarse-loamy, mixed nonacid, thermic Typic
Taxonomy (Subgroup): Humapuept Confirm Mapped Type? X Yes ~ No
Profile Descriation:
Depth Matrix Color Mottle Color Mottle Texture, Concretions,
inches Horizon (MunseIl Moist) (Munsell Moist) Abundance/Contrast Structure etc.
0-12 A 0-18 N 210 - Fine sand Loam
Hydric Soil Indicators:
_ Histosol Concretions
Histic Epipedon X High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
X Aquic Moisture Regime Listed on Local Hydric Soils List
X Reducing Conditions Listed on National Hydric Soils List
X Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
WETLANDS DETERMINATION
Hydrophytic Vegetation Present? X Yes _ No Is this sampling point within a wetland?
Wetland Hydrology Present? X Yes No X Yes No
Hydric Soils Present? X Yes No
Remarks: Impact 4

Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
[phone]
DATA FORM
ROUTINE WETLAND DETERMINAT[ON
(1987 COE Wetlands Delineation Manual}
Project/Site: Swift Creek Plantation 10567.S3 Date: 9/6/07
ApplicantlOwner: Swift Creek Development Co, LLC County: CRAVEN
Investigator: WC & SM State: NC
Do Normal Circumstances exist on the site? X Yes No Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID:
Is the area a potentiaE Problem Area? Yes X No Plot ID: Data Point 8
If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Magnolia virginiana Tree FACW+ g.
2. LiquidambarstYraciflua Tree FAC+ 10.
3. Dicantheiium scabriuscuium Herb OBL 11.
4. Acerrubrum Tree FAC 12.
5. 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC
(excluding FAC-}: 100%
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks}:
Stream, Lake ar Tide Gauge
_ Aerial Photographs
_ Other
X No Recorded Data Available Wetland Hydrology Indicators:
Primary Indicators:
_ Inundated
_ Saturated in Upper i2 Inches
X Sediment Deposits
X Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required}:
Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: n/a (in.) X Water-Stained Leaves
_ Local Soil Survey Data
Depth to Free Water in Pit: n/a {in.) X FAC-Neufral Test
Other (Explain in Remarks)
Depth to Saturated Soil: n/a (in.)
Remarks:

Wetland Delineation Performed By: Soil 8 Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
[phone]
ProjectlSite: Swift Creek Plantation 10567.S3 Plot ID: Data Point 8
SOILS
Map Unit Name Ap Drainage Class: Ve Poorl
(Series and Phase): Arapahoe Field Observations
Coarse-loamy, mixed nonacid, thermic Typic
Taxonomy (Subgroup): Humaquept Confirm Mapped Type? X Yes _ No
Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Concretions,
inches Horizon {Munsell Moist) {Munsell Moist) Abundance/Contrast Structure, etc.
0-12 A 0-18 N 210 - Fine sand loam
Hydric Soil Indicators:
Histosol Concretions
____ Histic Epipedon X High Organic Content in Surface Layer in Sandy Soils
_ Sulfidic Odor Organic Streaking in Sandy Soils
X Aquic Moisture Regime Listed on Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
WETLANdS DETERMINATION
Hydrophytic Vegetation Presenf? X Yes - No Is this sampling point within a wetland?
Wetland Hydrology Present? X Yes No X Yes No
Hydric Soils Present? X Yes No
Remarks: Impact 3

~'
Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
(919} 846-5900
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Swift Creek Plantation 10567.S3 Date: 916/07
Applicant/Owner: Swift Creek Development Co, LLC County: CRAVEN
Investigator: WC & SM State: NC
Do Normal Circumstances exist on the site? X Yes No Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID:
Is the area a potential Problem Area? Yes X No Plot ID: Data Point 9
[f needed, ex lain on reverse.
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant S ecies Stratum Indicator
1. Magnolia virginiana Tree FACW+ 9.
2. Vaccinium corymbosum Shrub FACW 10.
3. Clethra alnifolia Shrub FACW 11.
4. Acer rubrum Tree FAC 12.
5. Morelia cerifera Shrub FAC+ 13.
6. Smilax rofundifolia Herb FAC 14.
7. Osmunda cinnamomea Herb FACW+ 15.
8. Sphagnum ssp. Herb OBL 16.
Percent of Dominant Species that are OBL, FACW, or FAC
(excluding FAC-): 100%
Remarks:
WYDROLOGY
_ Recorded Data {Describe in Remarks}:
.___ Stream, Lake or Tide Gauge
Aerial Photographs
_ Other
X No Recorded Data Available Wetland Hydrology Indicators:
Primary Indicators:
_ Inundated
_ Saturated in Upper 12 Inches
X Sediment Deposits
X Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):
_ Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: n/a (in.) X Water-Stained Leaves
_ Local Soil Survey Data
Depth to Free Water in Pit: nla (in.} X FAC-Neutral Test
Other (Explain in Remarks}
Depth to Saturated Soil: n/a (in.)
Remarks:

Wetland Delineation Performed By: Soil & Environmental Consultants, PA
1 i 010 Raven Ridge Road
Raleigh, North Carolina 27614
[phone]
Project/Site: Swift Creek Plantation 10567.S3 Plot ID: Data Point 9
SOILS
Map Unit Name Ap Drainage Class: Ve Poorl
(Series and Phase): Arapahoe Field Observations
Coarse-loamy, mixed nonacid, thermic Typic
Taxonomy (Subgroup}: Humaquept Confirm Mapped Type? X Yes _ No
Profile Descriotion:
Depfh Matrix Color Mottle Color Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) AbundancelContrast Structure, etc.
0-12 A 0-18 N 210 - Fine sand loam
Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon X High Organic Content in Surface Layer in Sandy Soils
5ulfidic Odor Organic Streaking in Sandy Soils
X Aquic Moisture Regime Listed on Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
WETLANDS DETERMINATION
Hydrophytic Vegetation Present? X Yes ~ No Is this sampling point within a wetland?
Wetland Hydrology Present? X Yes _ No X Yes No
Hydric Soils Present? X Yes _ No
Remarks: Impact 2

APPROVED
NRISDICTIONAL
DETERMINATION
FORMS
USACE

{ 1
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, ANA NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION: IMPACT lA
State:NC County/parish/borough: CRAVEN City: VANCEBORO
Center coordinates of site (lat/long in degree decimal format): Lat. 35.284159° N, Long. 77.148171° W.
Universal Transverse Mercator:
Name of neazest waterbody: SWIFT CREEK
Name of nearest Traditional Navigable Water (TNW) lnto which the aquatic resource flows: SWIFT CREEK
Name of watershed or Hydrologic Unit Code (HUC): 03024202
® Check ifmap/diagram of review area and/or potential jurisdictional areas is/are avaiIabie 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) Detetnunation. Date:
® Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION IO 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 ~e "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 tivaters of U.S. in review area (check all that apply):'
~] TNWs, including territorial seas
Q 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
Q Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
[] Wetlands adjacent tonon-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: linear feet: width (ft) and/or acres.
Wetlands: >l 16 acres.
c. Limits (boundaries) of jurisdiction based on: ` 987:Delineation Manual
Elevation of established OHWM (if known):
Non-regulated ~vaters/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.
z For purposes of this form, an RPW is defined as a tributary that is not a'I'PIW and that typically flaws year-round or has continuous flow at ]east "seasonally"
(e.g., typically 3 months).
s 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.i 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.I.; otherwise, see Section III.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetlandadjacent 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 Rapanoshave 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) flotiv, 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 availabie 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 wilt require additional data to determine if the
waterbody has a significant nexas 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 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.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: ~j_ck;I3ist
Drainage area: PFc1i List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
^ Tributary flows through PicPic L YY tributaries before entering TNW.
Project waters are Pick ~Isf river miles from TNW.
-~..K 3..., ~,
Project waters are Ick`~;ist river miles from RPW.
Project waters are ~'ick`IIst aerial {straight) miles from TNW.
Project waters are ~iek`I.st aerial {straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWs:
Tributary stream order, if known:
Note that the Instructional Guidebook contains additional information regazding swales, ditches, washes, and erosional features generally and in the acid
West.
S Flow route can be descnbed 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 al] that apply):
Tributary is: ^ Natural
^ Artificial (man-made). Explain:
^ Manipulated (man-altered}. Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: PiekI.ist.
Primary tributary substrate composition (check all that apply):
^ Silts ^ Sands ^ Concrete
^ Cobbles ^ Gravel ^ Muck
^ Bedrock ^ Vegetation. TypeN/o cover:
^ Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of rurt/riftle/pool complexes. Explain:
Tributary geometry: Pickick Lrst
Tributary gradient (approximate average slope):
{c) Flow: _
Tributary provides for: icIrList
Estimate average number of flow events in review area/year: Pick List
Describe flow regime:
Other information on duration and volume:
Surface flow is: PIckLst. Characteristics:
Subsurface flow: Pick Lis"t. 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):
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
^ Discontinuous OHWM.7 Explain:
If factors other than the OHWM were used to detetm
~] High Tide Line indicated by:
^ oil or scum line along shore objects
^ fine shell or debris deposits (foreshore)
^ physical markingslcharacteristics
^ tidal gauges
^ other (list):
ine lateral extent of CWA jurisdiction (check al] that apply):
Mean High Water Mark indicated by:
^ survey to available datum;
^ physical markings;
^ vegetation lines/changes in vegetation types.
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specifc pollutants, if known:
6A nahrral 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) BioIagicai 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: >116 acres
Wetland type. Explain:EMERGENT HERBACEOUS HEADWATER WETLAND WITH ANTHROPIC IMPACT.
Wetland quality. Explain:LOW QUALITY, DEGRADED BY PAST LOGGING PRACTICES.
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
FIow is: Ephemeral tlorJ. Explain:
Surface flow is: Not present
Characteristics:
Subsurface flow: Unknown. 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 1-2, rives miles from TNW.
Project waters are ~~(or less) aerial straight) miles from TNW.
Flow is from: Wetland to navigable orate s. _ _
Estimate approximate location of wetland as within the 50D-year or.greater~ floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; genera] watershed
characteristics; etc.). Explain: HERBACEOUS.
Identify specific pollutants, if lrnown: HISTORIC AGRICULTURAL PRACTICES.
(iii) Biological Characteristics. Wetland supports (check a!I that apply):
^ Riparian buffer. Characteristics (type, average width): .
® Vegetation type/percent cover. Explain: OSMUNDA CINNAMOMEA, ARUNDINARIA GIGANTEA, MORELLA
CERIFERA, DICHANTHELIUM SCABRIUSCULUM, 90%.
® Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
® Aquatic/wildlife diversity. Explain findings:DEER, SMALL MAMMELS, ETC.
3. Characteristics of all wetlands adjacent to the tributary (if any)
Al] wetland(s) being considered in the cumulative analysis:
Approximately (>l 16) 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 fin acres)
IMPACT lA (1~ >116
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 1[mited 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 Ehe 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 behveen 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 ofpolIutants or flood waters reaching a TNW?
• Dces the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
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 ~vet[ands, 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 al] 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 III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
[] TNWs: Iinear feet width (ft), Or, acres.
Wetlands adjacent to TNWs: acres.
RPWs that flow directly or indirectly into TNWs.
[;~ Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial:
Q 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 azea (check all that apply):
^ Tributary waters: linear feet 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: lineaz 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.B and rationale in Section IfI.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW: CONSULTANT HAS VISITED THE SITE SEVERAL TIME DURING THE GROWING SEASON
AND HAS OBSERVED SEASONAL FLOW IN RPW.
Provide acreage estimates for jurisdictional wetlands in the review area: >116 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 aze 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.
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 APPL~:10
Q 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:
BSee Footnote # 3.
9 To complete the analysis refer to the key in Section IIi.D.6 of the Instructional Guidebook.
10 Prior Yo asserting or declining CWA Jarisdiction based solely on this category, Carps Districts will elevate the action to Carps and EPA HQ for
review consistent with the process described in the Corps/EPA Memarandrrnr Regarding C{fait Act Jurisdiction Fo!lorving 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 TART APPL1~;
^ 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 os Iely 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 al] 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 prepazed 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:MASONTOWN AND MUKALEE.
^ 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:
Applicablelsupportingcose 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 1V of the JD Farm 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 IlYFORMATION: IMPACT IB
State:NC County/parish borough: CRAVEN City: VANCEBORO
Center coordinates of site (lat/]ong in degree decimal format); Lat. 35.284159° N, Long. 77.148171 ° W.
Universal Transverse Mercator:
Name of nearest waterbody: SWIFT CREEK
Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: SWIFT CREEK
Name of watershed or Hydrologic Unit Code (HUC}: 03020202
® Check ifmap/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):
Of'f'ice (Desk) Determination. Date:
® Field Determination. Date{s):
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]
r] Waters subject to the ebb and flow of the tide.
^ Waters are presently used, or have been used in the past, or maybe susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S."within Clean Water Act {CWA) jurisdiction {as defined by 33 CFR part 328) in the review area. [Required)
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): r
^ TNWs, including territorial seas
Wetlands adjacent to TNWs
Relatively permanent 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: linear feet: width (ft) and/or acres.
Wetlands: > I I6 acres.
c. Limits (boundaries) of jurisdiction based on: ~987,Dellnestlon Manual
Elevation of established OHWM {ifknown):
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 Ill below.
~ For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows yeaz-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
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 HI.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 IH.B below.
TNW
Identify TNW: SWIFT CREEK.
Summarize rationale supporting determination: CAN SUPPORT INTERSTATE COMMERCE BY 80ATERS/FISHERMAN.
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent": WETLAND CONTINUES DOWN TO SWIFT CREE,
WHICH IS NAVIGABLE.
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 IILD.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 behveen 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 s[gnificant 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.C below.
1. Characteristics of non-TNWs that flow directly ar indirectly into TNW
(i} GeneraI Area Conditions:
Watershed size: Pick Tis~
1(nY•yA~. h:
Drainage area: ~Pck'Lis~
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
^ Tributary flows through ~'fck tt tributaries before entering TNW.
Project waters are 1'ickI.ist river miles from TNW.
Project waters are i k~Ys~ river miles from RPW.
Project waters are ~c1t:I>s~ aerial (straight) miles from TNW.
Project waters are 1?ick'Lis~ aerial (straight} miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWS:
° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid
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.

Tributary stream order, if known:
(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; feet
Average depth: feet
Average side slopes: PickPick Ltst.
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:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: ~ICIC )l,lst
Tributary gradient (approximate average slope):
(c} Flow:
Tributary provides for: Eck List
Estimate average number of flow events in review area/year: Pick I.is~
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pick List. Characteristics:
Subsurface flow: F?Ick'I,ist. 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):
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
^ Discontinuous OHWM.7 Explain:
If factors other than the OHWM were used to determ
High Tide Line indicated by: [Q
^ oil or scum line along shore objects
^ fine shell or debris deposits (foreshore)
^ physical markings/characteristics
^ tidal gauges
^ other (list):
ine lateral extent of CWA jurisdiction (check all that apply);
Mean High Water Mark indicated by:
^ survey to available datum;
^ physical markings;
^ vegetation lines/changes in vegetation types.
(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 severjurisdiction (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 Wetiand Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain: .
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Fl w R i w' h Non-TNW:
Flow is: Pick Lisp. Explain: .
Surface flow is: Pick T,ist
Characteristics:
Subsurface flow: Pick list. 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/batrier. Explain: .
(d) Proximiri (Relations~hip) to TNW
Project wetlands are i'rC~C`Llst river miles from TNW.
Project waters are Pick List aerial {straight) miles from TNW.
~., 1..:~...__.
Flow is from: ~k List.
Estimate approximate location of wetland as within the Eck List 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:
]dentify specific pollutants, iflmown: .
(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 any
All wetland(s) being considered in the cumulative analysis: Pick Ltst
Approximately ( )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? CY/N) Size (in acresl 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 signifcant nexus based solely on any specific threshold of distance (e.g. behveen a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within ar
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 Instructions[ 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 ]ifecycle 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:
Significant nexus Endings 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 nat directly abuE 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 III.D: .
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY}:
TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
Q TNWs: linear feet width (ft), Or, acres.
® Wetlands adjacent to TNWs: >1 lb acres.
RPWs that flow directly or Indirectly into TNWs.
Q 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.13. Provide rationale indicating that tributary flows
seasonally:

Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (ft).
Q 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 IILC.
Provide estimates for jurisdictional waters within the review area (check all that apply):
[~ Tributary waters: linear feet width (ft).
~] Other non-wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Q 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 wetlattd 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.B 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 bat not directly abutting an RPW that tlotiv directly or indirectly into TNWs.
Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section IILC.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
[] Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. 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 bf 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 WffiCH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):to
~] 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:
sSce 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 CorpslEPA Menrorarrdum Regardflrg CWA Act Jurisdiction Fo!lor~trrg 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 APPLI~:
If potential wetlands were assessed within the review area, these azeas 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 "SW~4NCC," 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 soil 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.
O 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).
Lakeslponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
CTION 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.
d 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:MASONTOWN AND MUKALEE.
National wetlands inventory map(s). Cite name:
State/Iacal wetland inventory map(s):
Q 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:
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):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION: IMPACT 2
State:NC County/parishPoorough: CRAVEN City; VANCEBORO
Center coordinates of site (lat/long in degree decimal format): Lat. 35.284159° N, Long. 77.148171° W.
Universal Transverse Mercator:
Name of nearest waterbody: SWIFT CREEK
Name ofnearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: SWIFT CREEK
Name of watershed or Hydrologic Unit Code (HUC): 03020202
® Check ifmap/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 APPLE:
Office (Desk} Determination. Date:
® Field Determination. Date(s):
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. [Regcriredj
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]
I. 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
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: linear feet: width (ft) and/or acres.
Wetlands: >I l6 acres.
c. Limits (boundaries) of jurisdiction based on: X987. Deline_ation`Manrial
Elevation of established OHWM (if known): .
2. Non-regulated waters/rvetlands (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 II[.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.I and 2
and Section 1TI.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":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANA:
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 Rapanoshave 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 bettiveen 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 s[gniflcant 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 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.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Pic
Drainage area: :Pick List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
^ Tributary flows through .ie~ L s"t tributaries before entering TNW.
Project waters are PickLis_t river miles from TNW.
~;-. ~
Project waters are ick~li~st river miles from RPW.
.:~~i~N„
Project waters are PIck~L•is~ aerial (straight) miles from TNW.
Project waters are pck~List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWS:
Tributary stream order, if blown:
`Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid
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 al] that applv):
Tributary is: ^ Natural
^ Artificial (man-made). Explain:
^ Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: PickPick Lrst.
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:
Presence of run/riffle/ ooh 1 complexes. Explain: .
Tributary geometry: Pick List
Tributary gradient (approximate average slope):
(c) Flow:
Tributary provides for: Pick List
Estimate average number of flow events in review area/year: Pick'Lisf
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pick Lrst. Characteristics:
Subsurface flow: Pick 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 ^
^ changes in the character of soil ^
^ shelving ^
^ vegetation matted down, bent, or absent ^
^ Ieaf 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:
Identify specific pollutants, if known:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the strearrt 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. Characteristlcs of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: >I 16 acres
Wetland type. Explain: EMERGENT HERBACEOUS HEADWATER WETLAND WITH ANTHROPIC IMPACT.
Wetland quality. Explain; LOW QUALITY, DEGRADED BY TIMBER HARVESTING.
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: ~IC7tI.18t. Explain:
Surface flow is: i'ck List
Characteristics:
Subsurface flow: ick List. 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 (Relationshiol to TNW
Project wetlands are i1-2 river miles from TNW,
Project waters are (or 1I ses) aerial straight) miles from TNW.
Flow is from: etland~to navigable waters.
Estimate approximate location of wetland as within the §OOyear or:greate~ 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: DRY.
Identify specific pollutants, if known: DEGRADED BY TIMBER HARVESTING.
(iii) Biological Characteristics. Wetland supports (check all that apply):
^ Riparian buffer. Characteristics (type, average width): .
® Vegetation type/percent cover. Exp]ain:OSMUNDA CINNAMOMEA, MAGNOLIA VIRGINIANA, ACER RUBRUM,
LIQUIDAMBAR SYRACIFLUA, SMILAX ROTUNDIFOLIA, ILEX CORIACEA, ILEX GLABRA, DICANTHELIUM
SCABRIUSCULUM, 90%.
® Habitat for:
^ Federally Listed species. Explain findings:
^ Fish spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings: .
® Aquatic/wildlifediyersity. Explain findings:DEER, ETC.
3. Characteristics of all Fetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Q
Approximately (mil 16) acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts (Y/IV) Size fin acresl Directly abuts? (Y/N) Size (in acres)
IMPACT 2 (1') >l 16
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 biolog[cal 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 behveen 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 fdentified in the Rapm~os 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 TNW7
• 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 fi'butary, 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;
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:
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 III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
[] TNWs: linear feet width (ft), Or, acres.
[~ Wetlands adjacent to TNWs: acres.
RPWs that flow directly or indirectly into TNWs.
r] 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):
Q Tributary waters: linear feet width (ft).
Q Other non-wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
Q 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 IILB and rationale in Section ID.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW: CONSULTANT HAS VSITED THE PROJECT SEVERAL TIMES DURING THE GROWING
SEASON.
Provide acreage estimates for jurisdictional wetlands in the review area: >116 acres.
5. Wetlands adjacent to but not directly abutiing 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 1II.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 imgotu-dment was created from "waters of the U.S.," or
d Demonstrate that water meets the criteria for one of the categories presented above (1-d), 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 APPLI'):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:
eSee Footnote # 3.
9 To complete the analysis refer to the key in Section III.D.d 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 Memorandrrrn Regarding CWA Act Jririsdiction 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.
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 al] that apply):
~, Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
Q 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 ali that apply):
j] Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakeslponds: 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 applicandconsultant:
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
^ Office concurs with data sheets/delineationrepcrt.
^ 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 HtJC maps.
® U.S. Geological Survey map(s). Cite scale & quad name:
® USDA Natural Resources Conservation Service Soil Survey. Citation:MASONTOWN AND MUKALEE.
Q National wetlands inventory map(s). Cite name:
State/I.ocal wetland inventory map(s):
FEMA/FIRM maps:
L00-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/supportingstientific literature:
[] Other information (please specify): .
Identify type(s) of waters:
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):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUNA INFORMATION: IMPACT 3A
State:NC County/parish/borough: CRAVEN City: VANCEBORO
Center coordinates of site (laUlong in degree decimal format): Lat. 35.284159° N, Long. 77.148171° W.
Universal Transverse Mercator:
Name ofnearest waterbody: SWIFT CREEK
Name ofnearest Traditional Navigable Water (TN W) into which the aquatic resource flows: SWIFT CREEK
Name of watershed or Hydrologic Unit Code (HUC): 03020202
® Check ifmap/diagram of review area and/or potential jurisdictional areas is/are available upon request.
Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
[~ Office {Desk) Determination. Date:
® Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are no "navigable waters ojthe 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 ojthe 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): t
~] 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
Q 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: linear feet: width (ft} and/or acres.
Wetlands: >I 16 acres.
c. Limits (boundaries) of jurisdiction based on: ~.l987~Delineiatioti Manual
Elevation of established OHWM (if known):
2. Non-regulated watershvetlands (check if applicable}:a
Potentiallyjurisdictional 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 7'NW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
Supporting documentation is presented in Section IILF.

SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies wilE 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.
i. TNW
Identify TNW: SW[FT CREEK.
Summarize rationale supporting determination: CAN SUPPORT INTERSTATE COMMERCE BY BOATERS/FISHERMAN.
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent"; WETLAND CONTINUES DOWN TO SWIFT CREEK,
WHICH IS NAVIGABLE.
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. Carps 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 Iaw.
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.] for
the tributary, Section III.$.2 for any onsite wetlands, and Section III.$.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section IILC below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Pick List
Drainage area: Prck Lrst
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
® Tributary flows directly into TNW.
^ Tributary flows through Pck_ L stst tributaries before entering TNW.
Project waters are Eck I isf river miles from TNW.
Project waters are ~c1c~List river miles from RPW.
,_ ;. -,
Project waters are Pick"List aerial (straight) miles from TNW.
v. a :.............
Project waters are ick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWS:
~ Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally aad in the aad
West.
s Flow mute 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.

Tributary stream order, if known: N/A.
{b) General Tributary Characteristics (check all that applvk
Tributary is: ^ Natural
^ Artificial (man-made). Explain:
^ Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank {estimate):
Average width: feet
Average depth: feet
Average side slopes: PickLtst.
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:
Presence ofrun/riffle/pool complexes. Explain:
Tributary geometry: Pick List
Tributary gradient (approximate average slope):
(c} Flow:
Tributary provides for: Pic1c I;ist
Estimate average number of flow events in review area/year: Pick-List'
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pick List. Characteristics:
Subsurface flow: Pick Lis'f. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
^ Bed and banks
^ OHWM6 (check alI 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):
^ Discontinuous OHWM.' Explain:
1f factors other than the OHWM were used to determ
High Tide Line indicated by:
^ oil or scum line along shore objects
^ fine shell or debris deposits {foreshore)
^ physical markings/characteristics
^ tidal gauges
^ other (list):
(iii} Chemical Characteristics:
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
ine lateral extent of CWA jurisdiction (check all that apply):
Mean High Water Mark indicated by:
^ survey to available datum;
^ physical markings;
^ vegetation lines/changes in vegetation types.
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 severjurisdiction (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.
'mid.

(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 fmdings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) eneral 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: Pick List. Explain:
Surface flow is: Pickl,ist
Characteristics:
Subsurface flow: Pick'L s~ t. Explain findings:
^ Dye (or other) test performed:
(c) Wetland Adiacency Determination with Non-TNW:
^ Directly abutting
^ Not directly abutting
^ Discrete wetland hydrologic connection. Explain:
^ Ecological connection. Explain:
^ Separated byberm/barrier. Explain:
(d) Proximity (Relationshinl to_TNW
Project wetlands are tck~List river miles from TNW.
Project waters are Pick I:ist aerial (straight) miles from TNW.
._._..~ ~,-...r--
Flow is from: Pick-List.
Estimate approximate location of wetland as within the Pick List 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 any) ~~
All wetlands}being considered in the cumulative analysis: ~1Ck`I,1St
Approximately ( )acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? fYM} Size (in acres} Directly abuts? fY/N) Sixe ft~s}
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 ff 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 Guideboo[t. 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 [mown 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 da not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with al] of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLl~:
TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
TNWs: linear feet width (ft}, Or, acres.
Wetlands adjacent to TNWs: > i 16 acres.
RPWs that flow directly or indirectly into TNWs.
_-!`. Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial:
[] Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:

Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (fi).
[_ j 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 i1I.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
Tributary waters: linear feet width (ft).
[Q 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.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW: CONSULTANT HAS VISITED THE PROJECT SEVERAL TIMES DURING THE GROWING
SEASON AND HAS OBSERVED SEASONAL FLOW.
Provide acreage estimates for jurisdictional wetlands in the review area: 116.5 acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
Q 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.
Q 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.
Demonstrate that impoundment was created from "waters of the U.S.," or
[] Demonstrate that water meets the criteria for one ofthe categories presented above (1-6), or
0 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.
Q 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 tII.D.6 of the Instmctional Guidebook.
1D 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 profess described in the Corps/EPA Memoraridruir Regarding CWit Act Jurrsdictia~ FollowingRapar+os.

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.
^ 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 andJor 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: .
Q 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.
[Q 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).
^ Lakeslponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
Q Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply -checked items 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 preparedlsubmitted by or on behalfofthe applicant/consultant.
^ Office concurs with data sheets/delineationrepom.
^ Office does not concur with data sheetsldelineation report.
Q Data sheets prepared by the Corps:
[] Corps navigable waters' study: .
U.S. Geological Survey Hydrologic Atlas:
^ USGS NHD data.
^ USGS 8 and 12 digit H[JC maps.
~ U.S. Geological Survey map(s). Cite scale & quad name: .
® USDA Natural Resources Conservation Service Soil Survey. Citation:MASONTOWNRND MUKALEE.
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:
Other information (please specify):
Identify type(s) of waters:
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):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION: IMPACT 3B
State:NC County/parish/borough: CRAVEN City: VANCEBORO
Center coordinates of site {lat/long in degree decimal format): Lat. 35.284I59° N, Long. 77.148171° W.
Universal Transverse Mercator:
Name of nearest waterbody: SWIFT CREEK
Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: SWffT CREEK
Name of watershed or Hydrologic Unit Code (HUC): 03020202
]~ Check ifmap/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 APPLYj:
[] Office {Desk) Determination. Date:
® Field Detenmination. Date(s):
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)
t] Waters subject to the ebb and flow ofthe 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 ojthe 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 fvaters of U.S. in review area (check all that apply): t
TNWs, including territorial seas
^ Wetlands adjacent to TNWs
Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
Q 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
Q Impoundments of jurisdictional waters
Q 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: lineaz feet: width (ft) and/or acres.
Wetlands: >116 acres.
G Limits (boundaries) of jurisdiction based on: 987:Dellrieation 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.
: 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 (east "seasonally"
(e.g., typically 3 months}.
3 Supporting documentation is presented in Section III.F.

SECTION ICI: CWA ANALXSIS
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 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":
B. CI3ARACTERISTICS 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 ii helps
determine whether or not the standards for jurisdiction established under Rapanoshave 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. Carps 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 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.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Rick~'~Lrst
Drainage area: y ~ Fick I rst
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Re]ationshin with TNW:
® Tributary flows directly into TNW.
^ Tributary flows through ~rekL alai tributaries before entering TNW.
Project waters are Pick-Lis[ river miles from TNW.
m "' +°" ~ I
Project waters are ~iCk"'L`ist river miles from RPW.
Project waters are Pick:~rst aerial (straight) miles from TNW.
Project waters are Pick`Iist aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWS:
Tributary stream order, if known: N/A.
a Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the grid
West.
r 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 TI1W.

{b) General Tributary Characteristics (check all that applyZ
Tributary is: ^ Natural
^ Artificial (man-made). Explain:
^ Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: PickPick Lts .
Primary tributary substrate composition (check ali that apply):
^ Silts ^ Sands ^ Concrete
^ Cobbles ^ Gravel ^ Muck
^ Bedrock ^ Vegetation. Type/% cover:
^ Other. Explain: ,
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence ofrun/riffle/ oop 1 complexes. Explain:
Tributary geometry: PickIist
Tributary gradient (approximate average slope):
(c} Flow:
Tributary provides for: PickPick Lrst _
Estimate average number of flow events in review area/year: Pick I..ist
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pick List. Chazacteristics:
Subsurface flow: PiciiZ~. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
^ Bed and banks
^ OHWIVI6 {check al] 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):
^ Discontinuous OHWM.~ Explain: ,
If factors other than the OHWM were used to determ
]] High Tide Line indicated by:
^ oil or scum line along shore objects
^ fine shell or debris deposits (foreshore)
^ physical markings/characteristics
^ tidal gauges
^ other (list):
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
ine lateral extent of CWA jurisdiction {check all that apply):
Mean High Water Mark indicated by:
^ survey to available datum;
^ physical markings;
^ vegetation lines/changes in vegetation types.
(iii) Chemical Characteristics:
Characterize Mbutary (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:>116 acres
Wetland type. Explain:EMERGENT HERBACEOUS HEADWATER WETLAND WITH ANTHROPIC IMPACT.
Wetland quality. Explain:LOW QUALITY, DEGRADED BY PAST LOGGING PRACTICES.
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Ephemersl'flow. Explain:
Surface flow is: Dlscre'te
Characteristics:
Subsurface flow: Uniinown`. 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 byberm/barrier. Explain:
(d} Proximity (Relationship) to TNW
Project wetlands are ~-2 river miles from TNW.
Project waters are ' ~{or;l )aerial (straight) miles from TNW.
Flow is from: Wetland'to navigab elel .waters.
Estimate approximate location of wetland as within the 500year,oc:greate_r 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: DRY.
Identify specific pollutants, if known: POLLUTANTS FROM HISTORIC ARGICULTURAL PRACTICES.
(iii} Biological Characteristics. Wetland supports (check all that apply):
^ Riparian buffer. Characteristics (type, average width):
® Vegetation type/percent cover. Explain:ACER RUBRUM, LIQUIDAMBAR STYRACIFLUA, DICANTHELIUM
SCABRIUSCULUM, MAGNOLIA VIRGIMANA.
® Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Exp]ain findings:
® Aquatic/wildlife diversity, Explain findings:DEER, ETC.
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetIand(s) being considered in the cumulative analysis:l~
Approximately (>116) acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/PI) Size fin acres) Directly abuts? (Y/N) Size (in acres)
IMPACT3B~ >ilb
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 a[I 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. behveen a
tributary and its adjacent wetland or behveen 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 behveen 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 aze present in the TNW7
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs7
• 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 Fetlands, 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 III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLE:
TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
TNWs: linear feet width (ft), Or, acres.
Wetlands adjacent to TNWs: > 116 acres.
RPWs that flow directly or indirectly into TNWs.
Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial:
Tributaries of TNW where tributaries have continuous flow "seasonally' (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally: .

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-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 azea (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.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW: CONSULTANT HAS VISITED THE PR07ECT SEVERAL TIMES DURING THE GROWING
SEASON AND HAS OBSERVED SEASONAL FLOW.
Provide acreage estimates for jurisdictional wetlands in the review area: llb.5 acres.
5. Wetlandsadjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
[] Wetiands 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.
b. 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.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):to
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:
sSee Footnote # 3.
s To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
S0 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts ~vitl elevate the action to Corps and EPA FIQ for
review consistent with the process described in the CorpsBPA Mentorandran Regarding CWA Ac! Jurisdiction Fo!!o-vltrg 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).
p Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLl~:
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 azea 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 a!I 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 applicandconsultant:
® Data sheets preparedlsubmitted by or on behalf of the applicandconsultant.
^ 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:MASONTOWN AND MUKALEE.
[) National wetlands inventory map(s). Cite name:
State/L.oca! 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:
AppIicable/supportingcose law:
Applicable/supparting 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 Instntctional 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: IMPACT 4
State:NC County/parish/borough: CRAVEN City: VANCEBORO
Center coordinates of site {lat/long in degree decimal format): Lat. 35.284159° 1V, Long. 77.148171 ° W.
Universal Transverse Mercator:
Name ofnearest waterbody: SWIFT CREEK
Name ofnearest Traditional Navigable Water (TNW) into which the aquatic resource flows: SWIFT CREEK
Name of watershed or Hydrologic Unit Code (HUC): 03020202
Check ifmap/diagram of review area and/or potential jurisdictional areas islaze available upon request.
~ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
® Field Determination. Date{s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There At•e no "navigable waters ojthe U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review azea. [Required]
Q 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 ~e "waters ojthe 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): t
[] TNWs, including territorial seas
Wetlands adjacent to TNWs
Relatively permanent watersZ (RPWs) that flow directly or indirectly into TNWs
Q 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
j] 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: linear feet: width (ft) and/or acres.
Wetlands: >1 I6 acres.
c. Limits (boundaries) of jurisdiction based on: X87 Ueli_neation:Manuel
Elevation of established OHWM (if known):
Non-regulated waters/wetlands (check if appIicable):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.
Z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
'Supporting documentation is presented in Section IILF.

SECTION III: CWAANALYSIS
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.] 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":
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 Rapanas have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs tivhere the tributaries are 06relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have rnntinuous 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 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 wetiands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section IH.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.C below.
1. Characteristics of non-TNWs that flotiv directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Pick'List
Drainage area: Pick List
Average annual rainfall: inches
Average annual snowfall: inches
{ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
^ Tributary flows through Pick)?.Ick Lrst tributaries before entering TNW.
Project waters are Pick Lisf river mites from TNW.
n~..~~.-.:,y
Project waters aze Pick'Lis't river miles from RPW.
Project waters are Pick List aerial (straight) miles from TNW.
Project waters are Pick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWS:
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 descnbed 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: feet
Average depth: feet
Average side slopes: PickPick Ltst.
Primary tributary substrate composition (check all that apply):
^ Silts ^ Sands
^ Cobbles ^ Gravel
^ Bedrock ^ Vegetation. Type/% cover:
^ Other. Explain:
^ Concrete
^ Muck
Tributary condition/stability [e.g., highly eroding, sloughing banksj. Explain:
Presence of tvn/riffle/pool complexes. Explain: .
Tributary geometry: Pick List
Tributary gradient (approximate average slope):
(c) Flow•
Tributary provides for: i'ck L>st
Estimate average number of flow events in review area/year: Pick List
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pick`Li~. Characteristics:
Subsurface flow: Plck List. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
^ Bed and banks
^ OHWM6 (check alI 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}:
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
^ Discontinuous OHWM? Explain:
If factors other than the OHWM were used to determ
[] High Tide Line indicated hy:
^ oil or scum line along shore objects
^ fine shell or debris deposits (foreshore)
^ physical markings/characteristics
^ tidal gauges
^ other (list):
ine lateral extent of CWA jurisdiction (check all that appIy):
Mean High Water Mark indicated by:
^ survey to available datum;
^ physical markings;
^ vegetation lines/changes in vegetation types.
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily flm; 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 ail that apply):
^ Riparian corridor. Chazacteristics {type, average width):
^ Wetland fringe. Characteristics:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquaticlwildlife 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: >116 acres
Wetland type. Explain: NONRIVERINE WET HARDWOOD FOREST.
Wetland quality. Explain: HIGH QUALITY, RELATIVELY UNDISTURBED.
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Intermitterit:flow. Explain: SEASONAL FLOW.
Surface flow is: Discrete
Characteristics:
Subsurface flow: Unknown. 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 (Relationshiol to TNW
Project wetlands are :1(or'les) river mites from TNW.
Project waters are ~ (or less) aerial straight) miles from TNW.
Flow is from: Wetland to~iiavigable waters.
Estimate approximate location ofwetland as within the 500 year or_greater 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: DRY.
Identify specific pollutants, if lrnown: HISTORIC AGRICULTURAL PRACTICES.
(iii) Biological Characteristics. Wetland supports (check all that apply):
® Riparian buffer. Characteristics (type, average width):
® Vegetation type/percent cover. Explain:ACER RUBRUM, LIQUDAMBAR STYRACIFLUA, FRAXINUS
PENNSYLVANICA, POLYGONUM HYDROPIPEROIDES, SAGITTARIA LATIFOLIA,WOODWARDIA AREOLATA, NYSSA
SYLVATICA, BOEHMERIA CYLYNDRICA, 95%.
® Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
® Aquatic/wildlife diversity. Explain findings:DEER, RACOON, ETC.
3. Characteristics of all wetlands adjacent to the tributary (if any}
All wetland(s) being considered in the cumulative analysis: ~,
Approximately (>116 }acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/PT) Size (in acres) Directly abuts? (Y/N) Size (in acres)
IMPACT 4 (Y) > 116
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 appraprlate to determine significant nexus based solely on any specific threshold of distance (e.g. behveen 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.
Drarv 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?
• Dces 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 combinaticn with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III,D:
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 IILD:
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:
Q TNWs: lineaz feet width (ft), Or, acres.
~. Wetlands adjacent to TNWs: acres.
RPWs that flow directly or indirectly into TNWs.
~_ Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial:
Q 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: linear feet width (R).
^ Other non-wetland waters: acres.
Identify types} of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
Q 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.
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:
® Wet]ands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW: CONSULTANT HAS VISITED THE PROJECT SEVERAL TIMES DURING THE GROWING
SEASON AND OBSERVED SEASONAL FLOW.
Provide acreage estimates for jurisdictional wetlands in the review area: >116 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 fire 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.
a 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-b), 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 WffiCH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPI.Y):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:
sSee Footnote # 3.
s To complete the analysis refer to the key in Section III.D.6 ofthe 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 Meraorandunr Regarding CWA Act Jurisdiction Following Raparros.

Identify water body and summarize rationale supporting determination:
Provide estimates forjurisdictional 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 "SW~INCC," 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 sale 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 preparedlsubmitted by or on behalf of the applicandconsuItant.
^ 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 I2 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name:
~ USDA Natural Resources Conservation Service Soil Survey. Citation:MASONTOWN AND MUKALEE.
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 8c Date):
^ Previous detennination(s). File no. and date of response letter:
Q 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):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION: IMPACT 5
State:NC County/parishPoorough: CRAVEN City: VANCEBORO
Center coordinates of site (laUlong in degree decimal format): Lat. 35.284159° N, Long. 77.148171° W.
Universal Transverse Mercator:
Name of nearest waterbody: SWIFT CREEK
Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: SWIFT CREEK
Name of watershed or Hydrologic Unit Code (HUC): 03020202
® Check if map/diagram of review areaand/or potential jurisdictional areas isJare 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 TD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
® Field Determination. Dates}:
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. jRequired]
Waters subject to the ebb and flow of the tide.
Q Waters are presently used, or have been used in the past, or maybe susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S."within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328} in the review area. [Required]
i. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): t
d 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
Q 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
Q 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: 1,126 linear feet: 4 width (ft) and/or acres.
Wetlands: >i 16 acres.
c. Limits (boundaries) of jurisdiction based on:
Elevation of established OHWM (ifknown):
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.
~ For purposes of this form, an RP W 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).
a 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.i 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 IILB below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
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 behveen 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 Fvill require additional data to determine if the
waterbody has a signifrcant 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 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.C below.
i. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: P ci k List
Drainage area: Pitk'List
Average annual rainfall: inches
Average annual snowfall: inches
{ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
® Tributary flows through Pick st tributaries before entering TNW.
Project waters are Pick-L'isf river miles from TNW.
w+.d~ r.: ~z•
Project waters are ~ick'fl;rs~ river miles from RPW.
x~ -z,.~.::~
Project waters are Pitkllist aerial (straight) miles from TNW.
Project waters are Pick_ :+1/ist aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWS:
Tributary stream order, if lrnown:
° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the grid
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 T[JW.

(b) General Tributary Characteristics (check all that applvl•
Tributary is: ^ Natural
^ Artificial (man-made). Explain:
^ Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank {estimate):
Average width: feet
Average depth: feet
Average side slopes: PickPfckLts .
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:
Presence of run/riffle/ oP of complexes. Explain: NONE.
Tributary geometry: PickList
Tributary gradient (approximate average slope): c2
(c) low:
Tributary provides for: Pick List _
Estimate average number of flow events in review area/year: Piick List'
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pickl;ist. Characteristics:
Subsurface flow: Pick 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 ^
^ 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):
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
^ Discontinuous OHWM,~ Explain:
If factors other than the OHWM were used to determ
~] High Tide Line indicated by: ~]
^ oil or scum line along shore objects
^ fine shell or debris deposits {foreshore)
^ physical markings/characteristics
^ tidal gauges
^ other (list):
ine lateral extent of CWA jurisdiction (check all that apply}:
Mean High Water Mark indicated by:
^ survey to available datum;
^ physical markings;
^ vegetation Iines/changes in vegetation types.
(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 indicator; 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:>116 acres
Wetland type. Explain:NONRIVERINE WET HARDWOOD FOREST.
Wetland quality. Explain: LOW QUALITY. DEGRADED BY FORESTY PRACTICES.
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Re]ationship with Non-TNW:
Flow is: _; hemeral-flow. Explain:
Surface flow is: Conf_ eni d
Characteristics:
Subsurface flow: Unknown. Explain findings:
^ Dye (or other) test performed:
(c) Wetland Adiacency Determination with Non-TNW:
® Directly abutting
^ Not directly abutting
^ Discrete wetland hydrologic connection. Explain: .
^ Ecological connection. Explain:
^ Separated byberm/barrier. Explain:
(d} Proximity (Relationship) to TNW
Project wetlands are;1"`,{or les'_s) river miles from TNW.
Project waters are (or;less)` aerial straight) miles from TNW.
,, ;,,
Flow is from: Wetland to.navrgablewater~s.
Estimate approximate location of wetland as within the 500=year orgreater 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: DRY.
Identify specific pollutants, if lrnown: HISTORIC FARMING PRACTICES.
(iii) Biological Characteristics. Wetland supports (check all that apply):
^ Riparian buffer. Characteristics (type, average width):
® Vegetation type/percent cover. Explain:ACER RUBRUM, ARUNDINARIA GIGANTEA, SMILAX ROTUNDIFOLIA.
® Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
® Aquatic/wildlife diversity. Explain findings:DEER, RACOON, ETC.
Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis:
Approximately (>116) acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? lY/M Size (in acres) Directly abuts? (Y/Nl Size (in acres)
IMPACT 5 m >116
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 signiflcantly affect the chemical, physical, and biological lntegrlty
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, behveen 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.
Drarv 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 foodwebs7
• 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:
I. 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:
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 [II.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE {CHECK ALL
THAT APPLY):
I. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
TNWs: linear feet width (ft), Or, acres.
~] Wetlands adjacent to TNWs: acres.
RPWs that flow directly or indirectly into TNWs.
Q 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: CONSULTANT HAS VISITED THE PROJECT SEVERAL TIMES DURING THE GROWING SEASON AND
HAS OBSERVED SEASONAL FLOW.

Provide estimates for jurisdictional waters in the review area (check all that apply):
® Tributary waters:1,126 linear feet 4 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 appIy):
~] 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.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW: CONSULTANT HAS VISITED SITE SEVERAL TIMES DURING THE GROWING SEASON AND
HAS OBSERVED SEASONAL FLOW.
Provide acreage estimates for jurisdictional wetlands in the review area: > 116 acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
J] 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.
0. 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.s
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 ANX
SUCH WATERS (CHECK ALL THAT APPLY):10
d 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:
BSee Footnote # 3.
s To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 Prior to assert[ng or declining CWA jarisdiction 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 Menrorarrdrnr: Regarding CWA Acl Jtrrisdiclion Fo!lorvieg Raparroa

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.
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 "SW.4NCC," 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):
Q Non-wetland waters (i.e., rivers, streams): linear feet width (ft}.
Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
Q Wetlands: acres.
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/deiineation 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 Soii Survey. Citation: ARAPAHOS.
National wetlands inventory maps}. Cite name:
Q State/I.ocal 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/supportingease 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):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION: IMPACTS 6 & 7
State: NC County/parish/borough: CRAVEN City; VANCEBORO
Center coordinates of site (Iat/long in degree decimal format): Lat. 35.284159° ~, Long. 77.148171 ° VV.
Universal Transverse Mercator:
Name of nearest waterbody: SWIFT CREEK
Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: SWIFT CREEK
Name of watershed or Hydrologic Unit Code (HUC): 030242U2
® 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 7D form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
® Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are no "navigable waters of the U.S "within Rivers and Hazbors 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. [ReguiredJ
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area {check all that apply): t
TNWs, including territorial seas
[] Wetlands adjacent to TNWs
® Relatively permanent waters2 (RPWs) that flow directiy or indirectly into TNWs
Non-RPWs that flow directly or indirectly into TNWs
~] Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Q Wetlands adjacent to but not directly abutting RPWs that flow dtrectly or indirectly into TNWs
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
[~ Impoundments of jurisdictional waters
Q 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: 1,120 linear feet: 4 width (ft) and/or acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: Established by.OHWN
Elevation of established OHWM (if known):
2. Non-regulated Fvaters/wetlands (check if applicable):'
Potential]y 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 forth, 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).
a Supporting documentation is presented in Section [i1.F.

SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. ff the aquatic resource is a TNW, complete
Section III.A.1 and Section HI.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 HI.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANA:
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 Rapanas 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, slap to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section 1II.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, fhe tributary and atl 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 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.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 1,OSOsyiii~e:imles
Drainage area: >386 acres~~
Average annual rainfall: 54.51 inches
Average annual snowfall: 2.4 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
® Tributary flows through 2 tributaries before entering TNW.
Project waters are =2 river miles from TNW.
Project waters are (oi•,lesS} river miles from RPW.
Project waters are ,'(or'less) aerial {straight) miles from TNW.
Project waters are %o~ le's`s, aerial {straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWS:
Tributary stream order, if known:
° Note that the Instructional Guidebook contains additional information regazding swales, ditches, washes, and erosional features generally and in the grid
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 TributatyCharacteristics (check all that applvl:
Tributary is: ^ Natural
® Artificial (man-made). Explain: DITCH.
® Manipulated (man-altered}. Explain: DITCH.
Tributary properties with respect to top of bank (estimate):
Average width: 4 feet
Average depth: Q feet
Average side slopes: i
Primary tributary substrate composition {check all that apply):
^ Silts ^ Sands ^ Concrete
^ Cobbles ^ Gravel ®Muck
^ Bedrock ®Vegetation. Type/% cover; 95%
^ Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/ opo 1 complexes. Explain: NONE.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): <2
(c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flow events in review area/year: 1
Describe flow regime: SEASONAL.
Other information on duration and volume:
Surface flow is: Confined. Characteristics:
Subsurface flow: Unlrnown. Explain findings:
^ Dye (or oilier) 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):
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
^ Discontinuous OHWM.7 Explain:
If factors other than the OHWM were used to determ
[] High Tide Line indicated by:
^ oil or scum line along shore objects
^ fine shell or debris deposits (foreshore)
^ physical markings/characteristics
^ tidal gauges
^ other {list):
ine lateral extent of CWA jurisdiction (check all that apply):
Mean High Water Mark indicated by:
^ survey to available datum;
^ physical markings;
^ vegetation tines/changes in vegetation types.
{iii) Chemical Characterlstlcs:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.}.
Explain: DRY.
Identify specific pollutants, if known: HISTORIC AGRICULTURAL PRACTICES; RUNOFF FROM HIGHWAY.
oA natural or man-made discontinuity in the OI-IWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OfiWM 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 far indicators of flow above and below the break.
'ibid.

(iv) Biological Characteristics. Channel supports (check al[ 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: CRAWFISH.
2. Characteristics of wetlands adjacent to non-TNW tha4 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 Re]ationshin with Non-'INW:
Flow is: Piclc~Lst. Explain:
Surface flow is: Pick-List
Characteristics: ~~
Subsurface flow: Pick List. 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 byberth/barrier. Explain: ,
(d) Proximity (Relationship) to '['HW
Project wetlands are ~iek`Iis[ river miles from TNW.
Project waters are PicliList aerial (straight) miles from TNW.
Flow is from: .ick L;ist.~
Estimate approximate location of wetland as within the ~ick.Ls~ 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 lrnown:
{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 any
Ail wetland(s) being considered in the cumulative analysis: ~iCk'LS
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 acresl
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 beriveen 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 TNW7
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
I. Signifcant nexus findings for non-RPW that has no adjacent wetlands and flaws 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: ,
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 IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLl~:
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
0 TNWs: linear feet width {ft), Or, acres.
Q Wetlands adjacent to TNWs: acres.
RPWs that flow directly or indirectly into TNWs.
[] Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial:
® Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:

Provide estimates for jurisdictional waters in the review area (check all that apply):
~] Tributary waters: lineaz feet width (ft).
_®_ Other non-wetland waters: 0.1 acres.
Identify type(s) of waters: 11211 LN FT DITCH AVG. 4 FT WIDE.
3. Non-RPWs$ that flow directly or indirectly into TNWs.
Q 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 al] 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 R.PW:
^ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B 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.
Q 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 II1.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.
d 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-b), 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:
aSee Footnote # 3.
9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
1° Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
revietiv consistent with the process described in the Corps/EPA Mernorarrdnnr Regarding CWA Act Jurisdiction FoliowingRaparros.

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 WETLANAS (CHECK ALL THAT APPLIn:
[] 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 o~g, 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 reguired for jurisdiction (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet, width (ff).
Lakeslgonds: 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:
Q Data sheets preparedlsubmitted by or on behalf of the applicant/consultant.
^ Office concurs with data sheets/deIineation 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 NIID 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:ARAPAHOE.
(] National wetlands inventory map(s). Cite name:
State/Local wetland inventory map(s):
FEMA/FIRM maps:
Q 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: ^ Aerial (Name & Date):
or ^ Other (Name & Date):
Previous determinations}. 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: