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HomeMy WebLinkAbout20170372 Ver 1_Supporting Documentation_20170329En vironmen ta! Quality RO'I COOPER Governor March 20, 2017 Mr. Larry Thompson NCDOT Division 1� North Carolina Department of Transportation 716 West Main Street Albemarle, North Carolina 28001 Dear Mr. Thompson: 5ubject: DMS Mitigation Acceptance Letter: Division 14 Project, Replace Bridge 410 on SR 1611 (Clontz Long Road) over Grassy Branch, Union County; WBS Element 17BP.IO.R.67 The purpose of this letter is to notify you that the Division of Mitigation Services (DMS) will provide the compensatory stream mitigation for the subject project. Based on the information received from you on ivlarch 20, 2017, the impacts are located in CU 03040105 of the Yadkin River basin in the Southern Piedmont (SP) Eco-Region, and are as follows: Yadkin 0304U105 SP Impacts (feedacres) Stream Cold Cool Warm 0 0 41.0 Wetlands Riparian Non- Coastal Riparian Marsh C�] Buffer (Sq. Ft.) Zone 1 Zone 2 0 This impact and associated mitigation need were under projected by the NCDOT in the 2017 impact data. DMS will commit to implement sufficient compensatary stream mitigation credits to offset the impacts associated with this project as determined by the regulatory agencies using the delivery timeline listed in Section F3.c.iii of the In-Lieu Fee Instrument dated July 28, 2Q10. If the above referenced impact amounts are revised, then this mitigation acceptance letter will no longer be valid and a new mitigation acceptance letter will be required from DMS. If you have any questions or need additional information, please contact Ms. Beth Harmon at 919-707-8420. v��...�1 � . Stanfil�r Management Supervisor cc: Ms. Crystal Amschler, USACE — Asheville �gulatory Field O�ce Ms. Donna Hood, NCDWR IVIs. Linda Fitzpatrick, NCDOT — PDEA File: SR 1611 — Bridge 410 — Division l 0 �Nothing Compares�,.�, State of North Carolina Environmental Quality 217 West Jones Street � 1601 Mail Service Center I Raleigh, North Carolina 27649-160] 919 707 8600 '� � 1�.'• ' ! .���,.;(�• 14 , ` K - ,� � � ., � `� -=�`r '"� ��.� �' ��� '„i �`�-• � •� � 'x:s`~ �; � - �ra � a }I ;� 8 ��� �� .,� L .A� �`d'.0 - w l �� i �� 1 _"$� �F �� `� �, ' ��`�1 ��� .4�� � . _. � ,� � �' ,� ( n r� : � i�^ � r _�I .� ' � T-w l ��. �. . . �\ r ^� � . . ti � . �i•� �,�. � *� � i s„� �B�i �:��� >>�w� �,-• ��. . �. �r �:. 3, � . �� 'f � , � _,.' - A 4_ �— � r �¢= =� �*:�:�_._- -.��_�.�.�- �`, « �- �. ��t� �_ Y; �'� ;, • # � �...i, �'� • L . . ; �' , '� ' ;;'''� � . }. t t�;. N �I 1 inch = 2,000 feet �� 2,000 4,000 Feet � a .;� -;��, ;,.� - � �����...� � ,.,. >. � � - � �" �1�.;�i . h � � � ;PZA - � � �e - ,� NORTH .- ,��r p °F `490, North Carolina Department �� � y y of Transportation � � d' 9 ,, ,�"" ;� _:� 9 �Q Division of Highways ' ' ► � � ` ��NrOp7pPNSe�Q Highway Division 10 _; .���'� �' ', �.x -;r�" Replace Bridge No. 410 on Clontz Long Road (SR ' 1611) over Grassy Branch �±�+r+"� Union County State Project No. 17BP.10.R.67 ,� ;. ' :,, �» ��,� .� � �,�', t' � Project Study Area Map Figure 1 ,,�__,�;��;,�,;,� ;;:,;, Bing Hybrid Imagery Service yii-09�' I�IiC't� �' 7g NC77S',,�. _ �� . 3'v `:, !U�"�. -- � .�� ��e"Y ! � � � NC7T9 � � � � - f - �, : R�'!79 FIC'179 NC179 NC7T9 ' � ��I � '' NG9 791 �.t7"d a_.+ � , • , - $ � , , , NG779 NC179 �� _ _ '1, ' <. t : a � �'� �+ +�; ' . .�. 7 T9 NC! 7� � . , � >: � fYICi79t�. � ��.+' t • ��.'�i� -` y�. .i.:_ A } .___, �� �Y�#...� Y: . N� -.14 ? ' � 1. "� ,. � i:ry�. ��. �,�� �;' „y � . �'�� - - . : ''�-� �: � ,i! . � 1' ��NORTHC9 North Carolina Department p 9�i f �, �`'�►= y y of Transportation '' o � -" - ��'� .��� m9 �Q Division of Highways , , . � , _ ` � , � ��F eoQ - _:� ,. » 3 NrOp7pPNs Highway Division 10 � � . � , q ` � y �'� �� "'�'' � Replace Bridge No. 410 on Clontz Long Road (SR N 1611) over Grassy Branch �- Union County 1 IIICh = 2,000 feet �� yd �: State Project No. 17BP.10.R.67 � � ,.�. y`. � ., 0 2,000 4,000 ��� '� � Project Study Area Map Figure 2 Fe2t , k.i,, ,.s. _,�,'.. Bin H brid Ima er Service & SSURGO Soils ,>.�� �: � 9 Y 9 Y ' � � _ h, � - . k � � � � - , }� �-,�,/ , r� Z���^ e� t-,�566 ` Q� ° _ � �i � �E • _ � ���` 'q . f i - - � � ��'3Ja �'1 �~ _ V� s �. _ _ i I. _�. _ � `}� `I• ` � �p- �� J. 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'�s� I s�-' '. \ � �'` ,_ .. �-4 � , ��i `�S • ,'a � ` ��tL`� . `� � : i f ���i��i — � � : � i k.;_��(�i�-t3_� •I . yti� / �� �.'� 7w�`�- , d . � ' :. ssa" . . �, , ,. �,a � _ : , � 1� ti�y g•� ;, � ` �' � ���` ` �T �� `�_�` !4"- J tiil� . ,_al _ . . - ` - - _ �� �' .'��i 1 �: . � Y hlEu�n ('�j,:' ! �. x ��,� . �� . 4� � � f ' '. 1 :�.4R S4p �--• � � l � � ,, _ � -' �F"°pT"°49 North Carolina Department �s�s � , Q °c � � ti ,' y y of Transportation , � �,� .` ��- �_��s �, �� : �,34� �� � m9y Q�Q Division of Highways � � '� '' • � �: y �NrOp7pPNse� Highway Division 10 . _ ``- '.'�� � ^ � �� � ; � � �. -•�" �� '� � - z Replace Bridge No. 410 on Clontz Long Road (SR N i', :---� �� 1611) over Grassy Branch ��� , Union County 1 IIICh = 2,000 feet - .,, ';? .• ; State Project No. 17BP.10.R.67 `,_� . _ =, 0 2,000 4,000 `� �, Project Study Area Map Figure 3 - F22t r -' ' Midland, Stanfield, Bakers, and Watson Quads �. - NC DW Stream Identification Form Version 411 G�SS �� g ra � c h Date: � Z'2 i��� ProjecUSite: (� � Latitude: 3� . ��� I I Evaluator: �(, MII��Y �,�!1�,�QY) County: U��b� Longitude: ��, y�5�q Total Points: � Stream Determination (c Other Stream is at /east intermittent 3 � Ephemeral Int91'mittet� P8�'e11eE8! e.g. Quad Name: ��_ if z 19 or perennial if >_ 30"` A. Geomor hvlv (Subtotal = Absent Weak Moderate Strong 1 a� Continuity of channel bed and bank 0 1 2 �3Q 2. Sinuosity of channel along thalweg 0 1 � 3 3. In-channel structure: ex. riffle-pool, step-pool, 0 Q 2 3 ri le- ool se uence 4. Particle size of stream substrate 0 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 2 3 7. Recent alluvial deposits 1 2 3 8. Headcuts 1 2 3 9. Grade control 0 1 1.5 10. Natural valley 0 1 1.5 11. Second or greater order channel No = 0 Yes 3 ui�����ia� ��aai�lc.a a�� �iv� ialc � cG YIJVYpp�Y11Q III IIICi11UG1 B. H drolo Subtotal = 12. Presence of Baseflow 0 13. Iron oxidizing bacteria 0 14. Leaf litter 15. Sediment on plants or debris 16. Organic debris lines or piles 0 17. Soil-based evidence of high water table? No = 0 C. Biolo Subtotal = 18. Fibrous roots in streambed 3 19. Rooted upland plants in streambed 20. Macrobenthos (note diversity and abundance) 0 21. Aquatic Mollusks 0 22. Fish 0 23. Crayfish 0 24. Amphibians 0 25. Algae 0 26. Wetland plants in streambed 'perennial streams may also be identified using other methods. See p. 35 of manual. Sketch: 1 1 0.5 2 2 0.5 1 1 Yes 2 1 2 1 1 2 1 2 .5 1 0.5 1 1 0.5 1 FACW = 0.75; OBL = 1.5 Other 3 0 1.5 1.5 0 0 3 3 1.5 1.5 1.5 1.5 � tn� CtN' � � Y C� (ru,ti � ? !� '�1 : i r � I.-,� I�,i�, �2-0lT I.�Y� � �3l G iS'� �l1 :^f_%� � NC DW Stream Identification Form Version 4.11 Date: �-L .� � Project/Site: � Evaluator: �, �i1I�- 5•La�,f.L County: ur\ o n Total PointS: Stream Determination (circle one) Stream is at least intermittent � 3,� Ephemeral Intermittent Perennial if>_ 19 or erennial if>_ 30' Latitude: Longitude: Other e.g. Quad IVame:�� A. Geomo holo (Svbtatal = 5�� Absent Weak Moderate Strong 1 a� Continuity of channel bed and bank 0 1 3 2. Sinuosity of channel along thalweg 0 2 3 3. In-channel structure: ex. riffle-pool, step-pool, � � 2 3 ri le- ool se uence 4. Particle size of stream substrate 1 2 3 5. Active/relict floodplain 1 2 3 6. Depositional bars or benches 1 2 3 7. Recent alluvial deposits 0 1 3 8. Headcuts 1 2 3 9. Grade control 0.5 1 1.5 10. Natural valle 0 1 1.5 11. Second or greater order channel No = Yes = 3 B. Hwdrolo�J �' Subtotal _ y y.VV ZV.�y......y..�y. 12. Presence of Baseflow 1 2 13. Iron oxidizing bacteria � 1 2 14. Leaf litter 1.5 1 0.5 15. Sediment on plants or debris 0.5 1 16. Organic debris lines or piles 0 0.5 17. Soil-based evidence of high water table? No Yes = 3 C. Bioio Sub#otal = 18. Fibrous roots in streambed 3 2 1 19. Rooted upland plants in streambed 2 1 2Q. Macrobenthos (note diversity and abundance) 1 2 21. Aquatic Mollusks 1 2 22. Fish 0.5 1 23. Cra fish 0.5 1 24. Amphibians � 0.5 1 25. Algae 0.5 1 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other - "perennial streams may also be identified using other methods. See p. 35 of manual. Sketch: �p WA� I � �GI�uYQi , �UA�51P� ��'` 3 3 0 1.5 1.5 0 0 3 3 1.5 1.5 1.5 1.5 d ln� C(X n� Y GA fru�ti ,_� i� i� ��., I �� �i e J fi ea� wYc � fsl a� S� P,r-A,^�I-, NC DW Stream Identification Form Version 4.11 Date: �Z � � ProjecUSite: � Latitude: Evaluator: �, ��II� 5��,0.��'�'G County: u�` o n Longitude: Total Points: g termination (circle one) Other - Sfream is af least intermittent if> 19 or erennral if>_ 30' �3 � 5 phemeraf ntgTrnitt,ent Perennial e.g. Quad Name:� .„ A. GeomaC hola Suhtotal = 5�� Absent Weak Moderate Strong 1 a� Continuity of channel bed and bank 0 1 3 2. Sinuosity of channel along thalweg 0 2 3 3. In-channel structure: ex_ riffle-pool, step-pool, � � 2 3 ri le- oolse uence 4. Particle size of stream substrate 1 2 3 5. Active/relict floodplain 1 2 3 6. Depositional bars or benches 1 2 3 7. Recent alluvial deposits 0 1 3 B. Headcuts 1 2 3 9. Grade control � 0.5 1 1.5 10. Natural valle 0 1 1.5 11. Second or greater order channel No = Yes = 3 B. Hy draiaGJ �' Subtotal _� y.vv �v'.y 1.....y..yy. 12. Presence of Baseflow 1 2 3 13. Iron oxidizing bacteria � 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0.5 1 1.5 16. Organic debris lines or piles 0 0'.5 1.5 17. Soif-based evidenee of high water table? No 0 Yes = 3 C. Biolo Subtotal = 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 2 1 0 20. Macrobenthos (note diversity and abundance) 1 2 3 21. Aquatic Mollusks � 1 2 3 22. Fish > 0.5 1 1.5 23. Cra fish 0.5 1 1.5 24. Amphibians ► 0.5 1 1.5 25. AI ae 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75, OBL = 1.5 Other- "perennial streams may also be identified using other methods. See p. 35 of manual. Sketch: �p WA� I �n 1-tG(-�-uYQi , �UGldSld� �l� � APPROVED JURISDICTiONAL DETERMINATION FORM U.S. Army Corps of Engineers This farm 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: State: NC County/parish/barough: Union City: Monroe Center coordinates of site (lat/long in degree decimal format): Lat. 35.120° Pick List, Long. -80.495° Pick List. Universal Transverse Mercator: Name of nearest waterbody: Grassy Branch Name of nearest Traditional Navigable Water (TNW) lnto which the aquatic resource flows: Yadkin-Pee Dee River Name of watershed ar Hydrologic Unit Code (HUC): 030401050504 � Check if map/diagram of review area and/ar potential jurisdictional areas is/are available upon request. ❑ Check if other sites (e.g., offsite mirigation sites, disposal sites, etc...) are associated with this acrion and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): � Office (Desk) Deterinination. Date: 12/12/2014 � Field Determination. Date(s): 12/21/2014 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDTCTION. There Appear to be no "navigahle waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Reguir-ed] ❑ Waters subject to the ebb and flow of the tide. ❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: . B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): � ❑ TNWs, including territorial seas ❑ Wetlands adjacent to TNWs � Relatively permanent waters� (RPWs) that flow directly or indirectly into TNWs ❑ Non-RPWs that flow directly or indirectly into 'INWs ❑ Wetlands directly abutting RPWs that flow directly or indirectly into T`NWs ❑ 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: 150 linear feet: 6 width (ft) and/or 0.02 acres. Wetlands: 0 acres. c. Limits (boundaries) of jurisdiction based on: Established by OHWM. Elevation of established OHWM (if known): . 2. Non-regulated waters/wetlands (check if applicable):3 ❑ Potentially jurisdictional waters and/ar weflands 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 tl�at is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 inonths). 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 IILD.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: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNV� AND TTS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characYeristics of the tributary and iYs adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdicYion esYablished 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 f1ow, sldp 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 between a relatively permanent tributary that is not perenuial (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 addiYional data Yo 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.0 below. 1. Characteristics of non-TNWs that flow 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 List tributaries befare entering TNW. Project waters are Pick List river miles from TNW. Project waters are Pick List 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 ar serve as state boundaries. Explain: Identify flow route to TNW': Tributary stream order, if known: 4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid West. ' Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. (b) General Tributary Characteristics (check a11 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: Pick List. 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: 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 List Describe flow regime: . Other information on duration and volume: . Surface flow is: Pick List. Characteristics: Subsurface flow: Pick List. Explain findings: ❑ Dye (or other) test performed: . Tributary has (check all d�at 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): ❑ Discontinuous OHWM � Explain: ■ ■ ■ ■ ■ ■ � the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): ❑ High Tide Line indicated by: ❑ Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine shell or debris deposits (foreshore) ❑ physical markings; ❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation rypes. ❑ tidal gauges ❑ other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily fi1m; water quality; general watershed characteristics, etc.). Explain: . Identify specific pollutants, if lrnown: . �A 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 agncultural 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 indicaYors 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 far: ❑ Federally Listed species. Explain findings: . ❑ Fish/spawn areas. Explain findings: . ❑ Other environmentally-sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: . 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: . Wetland quality. Explain: . Project wetlands cross or serve as state boundaries. Explain: (b) Genera] Flow Relationship with Non-TNW: Flow is: Pick List. Explain: . Surface flow is: Pick List Characteristics: Subsurface flow: Pick List. Explain findings: ❑ Dye (or other) test perfonned: . (c) Wetland Adjacenc�Determination with Non-TNW: ❑ Directly abutting ❑ Not directly abutking ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: . ❑ Separated by berm/barrier. Explain: . (d) Proximity�Relationship) to TNW Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within Che 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 lrnown: . (iii) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer. Characteristics (rype, 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) Ali wetland(s) being considered in the cumulative analysis: Pick List Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/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 funcYions of the tributary itself and the functions performed by any wetlands adjacent Yo the tribuYary to determine if Yhey significantly affecY the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland ►ies 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 Guideboolz. 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, sueh as feeding, nesting, spawning, or rearing young for species Yhat are present in die TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that suppart downstream foodwebs? • Does the h-ibutary, 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: l. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: . 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: . 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significanY nexus below, based on the Yributary in combination with all of its adjacent wetlands, then go Yo 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: ❑ TNWs: linear feet width (ft), Or, acres. ❑ Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. � Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: NCDWR's Methodology for ldentification of Intermittent and Perennial Stream and Their Origins (Version 4.11) was used to assess the tributary. An evaluation of the existing geomorphology, hydrology, and biological characteristics determined this tributary to exhibit perennial flow. . ❑ Tributaries of TNW where h-ibutaries have continuous flow "seasonall�' (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 far jurisdictional waters in the review area (check all thaY apply): ❑ Tributary waters: linear feet width (ft). ❑ Other non-wetland waters: acres. Identify type(s) of waters: . 3. Non-RPWsR that flow directly or indirectly into TNWs. ❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): ❑ Tributary waters: linear feet width (ft). ❑ Other non-wetland waters: acres. Identify type(s) of waters: . 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ❑ 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 Secrion 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 supparting 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 Yhat 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 far jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 As a general rule, fhe 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 APPLI�:10 ❑ which are or could be used by interstate or foreign travelers for recreational or other purposes. ❑ from which fish or shellfish are ar could be taken and sold in interstate or foreign coinmerce. ❑ which are ar could be used for industrial purposes by industries in interstate commerce. ❑ Interstate isolated waters. Explain: . ❑ Other factors. Explain: . "See Footnote # 3. ' To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. Identify water body and summarize rationale supporting determination: Provide estimates far 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 areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/ar 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 solelv 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 factars (i.e., presence of migratary 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 far 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 repart. ❑ 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: Watson 24K Quadrangle. ❑ USDA Natural Resources Conservation Service Soil Survey. Citation: . ❑ National wetlands inventory map(s). Cite name: . ❑ State/Local wetland inventory map(s): . ❑ FEMA/FIRM maps: . ❑] 00-year Floodplain Elevation is (National Geodectic Vertical Datum of 1929) � Photographs: � Aerial (Name & Date):Bing Aerials. or � Other (Name & Date): Field Photographs 12/21/2014. ❑ 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: