20080420 Ver 2_401 Application_20080908

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31825673
September 4, 2008
Ms. Cyndi Karoly
401 Oversight/Express Permitting Unit
NC Division of Water Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Re: Wynne Creek
DWQ Project # 08-0420
USACE Action ID No.: SAW-2007-02757
Dear Ms. Karoly:
1) 8-C)4a-o V) Q_
PAI
Please find enclosed five (5) complete sets of the PCN application form for the subdivision project known
as Wynne Creek, located in the Town of Angier, Harnett County, North Carolina. A PCN for this project
was previously submitted to and reviewed by your office and the US Army Corps of Engineers (USAGE)
- Wilmington Field Office in March 2008. Subsequently, the USACE approved a Department of the
Army Nationwide Permit #29 for this project.
A Return of Application letter was submitted by your office in May 2008, based on insufficient
information regarding stormwater. The applicant's agents (ETd and URS) held a meeting with Ms.
Annette Lucas of the DWQ on June 16, 2008 to discuss the deficiencies of the PCN in regard to
stormwater management issues. This PCN represents the second PCN submission for the proposed
project that includes a revised stormwater management plan (see Appendix G of this PCN). We request
that this PCN be forwarded directly to Ms. Annette Lucas for her review and comment.
All other additional information requests (e.g., wetland impacts) were addressed to the satisfaction of
your office in our response to comments letter, dated March 31, 2008. The project design and proposed
project impacts have remained essentially the same, with the exception that the applicant has further
minimized impacts by eliminating 0.346 acre of fill within a man-made farm pond that was previously
proposed.
Also, please find enclosed a check for $240.00, made payable to "N.C. Division of Water Quality," for
the application review fee. We would appreciate you reviewing this package for a Section 401 General
Water Quality Certification #3705.
Please call me at [phone] if you should have any questions regarding this submittal.
Sincerely,
URS Co orati n - North Car ina
Charles E. Benton, PWS
Senior Environmental Scientist
URS Corporation - North Carolina
1600 Perimeter Park Drive, Suite 400
Morrisville, NC 27560
Tel: [phone]
Fax: [phone]
www.urscorp.com

URS
Page 2 of 2
Enclosures
cc: Sam Nemroff, Penn Wynne Homes
Ronnie Smith, USACE w/o enclosures
File copy
P:Vobs3TW31825673-Pem_Wynne_Homes\Work_Order_1\PemtitTastem Portion-2nd Submission\DWQ Cover Letter 9-4-08.doc
Office Use Only: Form Version March 05
USACE Action ID No. SAW-2007-02757 DWQ No. 08-0420 y 91
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. 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
a. Nationwide, Regional or General Permit Number(s) Requested: NWP 29
2. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
3. 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: ?
4. 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- - x
G ???? 3
II. Applicant Information SF-P 2008
1. Owner/Applicant Information
Name: Mr. Sam Nemroff President eE . Waitl,r,i.?,?.c.i F, C
Mailing Address: Penn Wynne Homes, Inc. It?E
P.O. Box 240
Wynnewood. PA 19096
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: nem(ftwhomes.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: Charlie Benton. PWS
Company Affiliation: URS Corporation
Mailing Address: 1600 Perimeter Drive. Suite 400
Morrisville. NC 27560
Telephone Number: 919-461-1435 Fax Number: 919-461-1415
E-mail Address: charles benton(EDurscorp.com
Updated 11/1/2005
Page 5 of 14
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: WYNNE CREEK
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): PIN = 0672-54-9386.000
4. Location
County: Harnett Nearest Town: Angier
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From NC 55 (S. Raleigh
St.) in downtown Angier drive south approximately 1 mile and take a right onto Old Buies
Creek Road. Continue on Old Buies Creek Road for approximately 2 miles to the intersection
with Montague Road. There is a dirt road entrance to the property on the right side of Old
Buies Creek Road (See Figure 1 and Figure 2).
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): 35.4659 °N _ -78.7456 °W
6. Property size (acres): 102.6 acres.
7. Name of nearest receiving body of water: West Buies Creek
8. River Basin: Cape Fear River Subbasin (03-06-07) 1 Cape Fear River Basin (HUC 03030004
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htip://h2o.enr.state.nc.us/admin/mi!Ps/.)
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 conditions on the site included agricultural fields
and undeveloped forested land. The site is located in a rural settinq that primarily consists of
agricultural land use.
Updated 11/1/2005
Page 6 of 14
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. No future
permit requests are anticipated for this proiect. Although only Phases 1 & 2 have final approved
site plans, the applicant has received a USACE NWP 29 for the full build-out of the entire property.
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.
Provide a written description of the proposed impacts: The proposed project, at full build-out,
would unavoidable impact a total of 0.131 acres of wetlands. Each impact area is listed below,
and presented in Appendix A on the exhibit "W-1: Wetland Impact Map," exhibit "W-3: W-1
Temporary Impact," and exhibit "W-5: Cross Sectional Details."
W-1: Approximately 0.018 acre of forested wetlands would be filled to accommodate a secondary
access road to Old Buies Creek Road in the eastern portion of the property, as requested by the
NC Department of Transportation.
W-2: Approximately 0.113 of forested wetland would be temporarily impacted to accommodate
construction of a sanitary sewer pipe in the western portion of the property that would connect to
an existing sanitary sewer main. The sanitary sewer easement (20 x 245 - foot) would need to be a
permanently maintained cleared right of way, which would result in a conversion of wetland type
from forested to emergent.
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 Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
es/no linear feet
Mechanized Clearing,
W-1 Temporary Excavation, Forested No 20 0.113
Permanent Cleared
20x245 foot right-of-way
W-3 Permanent Fill Forested No 2,400 0.018
Updated 11/1/2005
Page 8 of 14
Describe the overall project in detail, including the type of equipment to be used: The
Proposed proiect is for the development of a residential community. A detailed site plan for
the proiect is located in Appendix A. as part of the exhibit "W-1: Wetland Impact Map."
Currently, two phases (Phase 1 & Phase 2) have been approved by the Town of Angier (shown
on the Wetland Impact Map with the heavier weight line). Phases 1 & 2 include the primary
access road from Old Buies Creek Road to a 95 lot, residential subdivision located in the
western portion of the property. The initial phase also includes a recreation center located in
the central portion of the property. The remainder of the property has an approved Planned
Development District (PDD) that allows for a mix of single family and multi-family residences
not to exceed 343 total units (shown on the Wetland Impact Map with the lighter weight line)
Final site designs for the PDD are still pending. The PDD area would be developed in several
phases. Each phase would require Town of Angier site plan approval The proiect would use
standard construction methods and use of heavy equipment such as cranes backhoes
bulldozers, and dump trucks.
IV.
10. Explain the purpose of the proposed work: The purpose of the proposed proiect is to
develop of a residential community within the Town of Angier, Harnett County North Carolina
The proiect site is an approved PDD.
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
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. A field delineation of the subiect property was conducted in February
2007, by environmental scientists of URS Corporation. Approximately 14.26 acres of forested
wetlands and 0.46 acre of farm pond were identified. No streams were identified on the subject
Property. A Jurisdictional Determination was issued by the US Army Corps of Engineers (USACE)
dated January 11, 2008 (Action ID: SAW-2007-02757). The USACE-signed wetlands survey and
letter of Jurisdictional Determination are located in Appendix B. A copy of the Wetland
Identification and Delineation Report that includes USACE Wetland Date Forms. USACE Stream
Quality Assessment Worksheets. NC Department of Water Quality (NCDWQ) Wetland Rating
Forms, and NCDWQ Stream Classification Forms, is located in Appendix C.
A PCN was submitted to the USACE and DWQ on March 5. 2008. Approval of a Section 404 NWP
29 was issued by the USACE on April 21, 2008 (see Appendix M.
The DWQ issued a REQUEST FOR MORE INFORMATION letter on March 17, 2008 that primarily
addressed wetland impact issues (Appendix E). The applicant provided the additional information
in their letter dated April 15, 2008. The DWQ issued a second REQUEST FOR MORE
INFORMATION letter on April 16, 2008 that primarily addressed Stormwater Management Plan
issues (Appendix E). The applicant provided the additional information in their letter dated May 5.
2008. The DWQ issued a RETURN OF APPLICATION letter, dated January 15, 2008, in May 2008
(Appendix E). The applicant held a meeting with Ms. Annette Lucas of the DWQ on June 16. 2008
to discuss the deficiencies of the PCN in regard to stormwater management issues. This PCN
represents the second PCN submission for the proposed proiect that includes a revised
stormwater management plan.
NCDOT project,
Updated 11/1/2005
Page 7 of 14
I Total Wetland Impact (acres) 0.131
2. List the total acreage (estimated) of all existing wetlands on the property: 14.26 acres
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 acreage, multiply length X width, then divide by 43,560. No
streams were identified within the property: no stream impacts are proposed.
Stream Impact
Perennial or Average Impact Area of
Number Stream Name Type of Impact
Intermittent? Stream Width Length Impact
indicate on ma Before Impact linear feet acres
NIA NIA NIA NIA NIA NIA NIA
Total Stream Impact (by length and acreage) N/A NIA
4. 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. No open water impacts are
proposed.
Open Water Impact Name Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
indicate on ma ocean, etc. acres
NIA N/A N/A NIA NIA
Total Open Water Impact (acres) N/A
List the total acreage (estimated) of all existing open waters on the property: 0.46 acres
5. List the cumulative impact to all Waters of the U.S. resultine from the nroiect:
Stream Imp act (acres : NIA
Wetland Impact (acres): 0.131
Open Water Impact (acres): N/A
Total Impact to Waters of the U.S. acres 0.131
Total Stream Impact (linear feet : NIA
6. 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. N/A
Updated 11/1/2005
Page 9 of 14
7. 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. No Pond
Creation is proposed.
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.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
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. The project has avoided and
minimized impacts to wetlands and waters to the maximum extent practicable. Of the 14.72 acres
of on-site wetlands and waters the project would only permanently impact 0.018 acre of wetlands
and temporarily impact 0.113 acre of wetlands. Existing grade conditions would be restored
within the temporarily impacted area, and the area would be re-seeded with native wetland
vegetation.
_Several site layouts were considered during the initial design of Phase 1 & 2 in accordance with
the Town of Angier's minimum lot size requirements and Subdivision Ordinance. The design with
the least amount of impacts to wetlands and waters was selected Moreover, subsequent to the
first PCN submittal for this project, the applicant has further eliminated the 0.346 acre of
permanent impacts that were associated with the filling of a man-made farm pond as part of the
future PDD phase of the project. As the future PDD site plans are finalized, additional avoidance
measures will be considered. During construction activities, sediment and erosion control
measures will be installed to protect wetland areas. Disturbed soils will be seeded following the
project activities.
VIII. Mitigation
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.
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
updated 11/1/2005
Page 10 of 14
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. Exhibit "W-4: Compensatory Mitigation Plan" depicts
the compensatory mitigation plan for the proposed impacts (Appendix A). The compensatory
mitigation plan involves preserving all of the remaining forested wetlands on the property,
except for those within the existing overhead transmission line right-of-way. The preservation
area is 13.75 acres, which amounts to an approximately 105:1 mitigation ratio for the
permanent fill impacts to 0.018 acre of forested wetland and a 0.113 acre conversion impact
from a forested wetland to an emergent wetland for the permanent maintained 20x245-foot
sanitary sewer easement.
A Conservation Declaration document (Appendix -F) will been signed-bV the applicant and
recorded in Harnett County. This restrictive covenant will ensure that the compensatory
wetlands preservation area will be protected in perpetuity.
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 hqp://www.nceep.net/pages/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 of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
Updated 11/1/2005
Page 11 of 14
IX. 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 ?
X. 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 213 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify V 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.
_ Zone* Impact Multiplier Required
(square feet Miti ation
_____ _ _ _._ ._I- - 3 (2 for Catawba)
1 2 I 1 1.5 1 1
Total I I I -?
* 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.
Updated 11/1/2005
Page 12 of 14
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. Please see "Stormwater Management Calculations for Wynne Creek" and the
associated exhibits "Current Overall Drainage Areas" and "Future Overall Drainage Areas "
Prepared by Elam. Todd. d'Amboise for a complete discussion of stormwater management
(Appendix G).
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.
The proposed proiect will connect to an existing sanitary sewer located on the adjacent Town of
Angier Property (See the Wetland Impact Map in Appendix Al Effluent from the existing sanitary
sewer line flows to the Town of Angier Wastewater Treatment Plant (N00082597)
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 an after-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: The
proposed subdivision "Wynne Creek" is a single and complete proiect The PCN is for then
entire 102.6 acre property (PIN# 0672-54-9386.000) and a portion of the Town of Angier
Property (PIN# 0672-84-9386.000) for the sanitary sewer connection No additional phases
are _Proposed by the applicant that would physically connect to or be economically
dependent upon the proposed proiect
The three "stub" roads depicted on the proposed plans are a requirement of the Town of
Angier Subdivision Ordinance Article IV Required Improvements Dedication
Reservation, Minimum Standards of Design Section 405, Streets Sub Sections 405.10)
and 405.5. The subdivision plan for the proposed proiect has been approved by the Town
of Angier.
The applicant is not aware of any proposed development by other entities (government or
private on the adiacent properties that might be conducted in the foreseeable future The
Updated 11/1/2005
Page 13 of 14
Proposed project will not create a need additional services to be developed that could
directly or indirectly impact regulated waters and wetlands.
Preservation of the maioritv of the existing wetlands (13.75 acres) in perpetuity on the
project site will have a beneficial impact on the nearby downstream water Quality.
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).
&1 -6,5
Charles Benton, URS Corporation
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.) See
Agent Authorization letter, attached.
Updated 11/1/2005
Page 14 of 14
PRE-CONSTRUCTION NOTIFICATION (PCN) APPLICATION FORM - AUTHORIZATION LETTER
AGENT AUTHORIZATION LETTER
Penn Wynne Homes Wynne Creek Agent Authorization Letter
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* Project Location W E
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WYNNE CREEK
Penn Wynne Homes
Harnett County, NC
Date: February 2008
US Highway
NC Highway
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Figure 1
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PRE-CONSTRUCTION NOTIFICATION (PCN) APPLICATION FORM - APPENDIX A
APPENDIX A: EXHIBITS
SHEET W-1: WETLAND IMPACT MAP
SHEET W-3: W-1 TEMPORARY IMPACT
SHEET W-4: COMPENSATORY MITIGATION PLAN
SHEET W-5: CROSS SECTIONAL DETAILS
Penn Wynne Homes Wynne Creek Appendix A
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PRE-CONSTRUCTION NOTIFICATION (PCN) APPLICATION FORM - APPENDIX B
APPENDIX B: USACE APPROVED WETLAND DELINEATION
Penn Wynne Homes Wynne Creek Appendix B
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2007-02757 County: Harnett U.S.G.S. Quad: Lillington
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Applicant/Property Owner: Mr. Sam Nemroff
Penn Wynne Homes, Inc.
Address: P.O. Box 240
Wynnewood, PA 19096
Phone Number: 610-896-5050
Property description:
Size (acres) 163
Nearest Waterway West Buies Creek
USGS HUC 030300040303
Nearest Town Angier
River Basin Cape Fear
Coordinates N 35.46585 W -78.75206
Location description: The property is adjacent to West Buies Creek and is located off of Old Buies Creek Road and
Matthews Mill Pond west of Montague Road south of Angier, Harnett County, North Carolina.
Indicate Which of the Following Apply:
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters of the U.S. including wetlands on the above described property subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC 61344). Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date
of this notification.
We strongly suggest you have the waters of the U.S. on your property delineated. Due to the size of your property and/or
our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more
timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the
Corps.
The wetland on your project area have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.
X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the
l?at signed by the Corps Reeulatory Official identified below on January 11, 2008. Unless there is a change in the
law or our Published regulations, this determination may be relied upon for a period not to exceed five years from
the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit
requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Wilmington, NC at [phone] to determine
their requirements.
Page 1 of 2
Action ID: 2007-02757
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Ronnie Smith at (910) 2514829
Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corns Wetland Delineation Manual
and is adjacent to West Buies Creek: a tributary of Buies Creek a tributary of the Cane Fear River, which is a
navieable water of the US. This site also contains a water body that exhibits an ordinary high water mark and is a
tributary to West Buies Creek.
Remarks: This determination is based on information provided by URS Corporation and a site visit conducted on
August 23, 2007 by Ronnie Smith of the U.S. Army Corps of Engineers
Corps Regulatory Official:
Date: January 11, 2008 Expiration Date: January 11, 2013
Corps Regulatory Official (Initial): RDS
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be
transmitted with the property owner/agent copy of this form
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the
"Isolated Determination Information Sheet" to the file copy of this form.
Copy Furnished:
Mr. Charlie Benton
URS Corporation
1600 Perimeter Park Drive, Suite 400
Morrisville, NC 27560
Page 2 of 2
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
1101
12 ?i
!d ,'F
- r"04,
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is alread in the administrative record.
If you have questions regarding this decision and/or If you only have questions regarding the appeal process
the appeal process you may contact: you may also contact:
Ronnie Smith Mr. Mike Bell, Administrative Appeal Review Officer
PO Box 1890 CESAD-ET-CO-R
Wilmington, NC 28402 U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
Linves atio ns.
Date: Telephone number:
ture of appellant or agent.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this
form to:
District Engineer, Wilmington Regulatory Division, Attn: Ronnie Smith, Project Manager,
Wilmington Regulatory Field Office, PO Box 1890, Wilmington, North Carolina 28402
For Permit denials and Proffered Permits send this form to: -
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell,
Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 9M15, Atlanta,
Georgia 30303-8801
Applicant: Penn Wynne Homes, Inc. - Mr. Sam File Number: 2007- Date: January 11, 2008
Nemroff 02757
Attached is: si ed survey See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter of permission) A
PROFFERED PERMIT Standard Permit or Letter of permission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
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PRE-CONSTRUCTION NOTIFICATION (PCN) APPLICATION FORM - APPENDIX C
APPENDIX C: WETLAND IDENTIFICATION AND DELINEATION REPORT
Penn Wynne Homes Wynne Creek Appendix C
Penn Wynne Homes, Inc.
Town of Angier
Harnett County, North Carolina
Wetland Identification and Delineation Report
Prepared for:
Penn Wynne Homes, Inc.
P.O. Box 240
Wynnewood, PA 19096
October 2007
Penn Wynne Homes, Inc.
Town of Angier
Harnett County, North Carolina
Wetland Identification and Delineation Report
Prepared by:

URS Corporation - North Carolina
1600 Perimeter Park Drive, Suite 400
Morrisville, North Carolina 27560
Phone: [phone]
Fax: [phone]
Project Manager
Charles Benton, PWS
[e-mail]
919-461-1435
October 2007
Penn Wynne Homes
Wetland Identification and Delineation Report
TABLE OF CONTENTS
I. Introduction ......................................................................................................1
II. Methodology .....................................................................................................1
A. Wetland Unit and Sample Designation ....................................................2
B. Hydric Soils ..............................................................................................2
C. Wetland Hydrology ..................................................................................2
D. Hydrophytic Vegetation ...........................................................................3
III. Investigation Results ........................................................................................4
A. Soils ..........................................................................................................4
B. Wetlands ...................................................................................................4
C. Wetland Functions ....................................................................................6
D. Streams .....................................................................................................7
E. Upland Plant Communities .......................................................................7
IV. Jurisdictional Area Confirmation ..................................................................9
V. Summary and Conclusions ............................................................................10
VI. References .......................................................................................................11
V. List of Preparers ............................................................................................13
Tables
Table 1- Wetland Species Indicator Status ..............................................................................3
Table 2 - Soils Mapped in the Project Study Area ....................................................................4
Table 3 - Wetland 1 Dominant Plant Species ...........................................................................5
Table 4 - Wetland 2 Dominant Plant Species ...........................................................................5
Table 5 - Wetland 3 Dominant Plant Species ...........................................................................6
Table 6 - Jurisdictional Wetlands Identified within the Project Study Area .............................7
Table 7 - Upland Forest Dominant Plant Species .....................................................................8
Appendices
Appendix A - Figures
Figure 1 - Regional Location Map
Figure 2 - Jurisdictional Wetlands and Streams
Figure 3 - Soils
Figure 4 - NWI Map
Appendix B -Data Forms
Appendix C - Representative Photographs
Back Pocket of Report - Wetland Delineation Maps
Penn Wynne Homes Wetland Identification and Delineation Report
I. INTRODUCTION
Penn Wynne Homes, Inc. proposes to develop two residential subdivisions in the Town
of Angier, Harnett County, North Carolina. URS Corporation (URS) was retained by
Penn Wynne Homes to perform a field investigation to identify the presence of Clean
Water Act (CWA), Section 404 jurisdictional wetlands and waters within the proposed
project study area.
The proposed project study area is located approximately one mile north of the
intersection of Old Buies Creek Road and Matthews Mill Pond Road in Angier (Figure 1,
Appendix A). The project study area is located in the Cape Fear River Basin US Geologic
Survey (USGS) Hydrologic Unit Code 03030004, NC Department of Water Quality
(NCDWQ) sub-basin 03-06-07. The project study area is bordered to the east by Old
Buies Creek Road, to the west by Matthews Mill Pond Road, and to the north and south
by farmland. Vegetation within the project study area includes agricultural land and
undeveloped woodlands. Buies Creek flows through the center of the project study area.
The following sections detail the evaluation methods, site characteristics, and findings of
the wetland delineation effort. The field-surveyed wetland/upland boundaries are shown
on the Wetland Delineation Maps located in the back pocket of this report.
II. METHODOLOGY
On April 3, 5, and 9, 2007, URS wetland scientists conducted a wetland delineation of
the approximately 175-acre project study area (Figure 2, Appendix A). The delineation
was conducted to satisfy the requirements of the U.S. Army Corps of Engineers
(USACE), which has jurisdictional authority over `waters of the United States,' including
wetlands, under CWA Section 404 and the requirements of the NCDWQ under CWA
Section 401. The wetland investigation was conducted in accordance with the multi-
parameter approach outlined in the USACE Wetlands Delineation Manual
(Environmental Laboratory, 1987).
To be classified as a jurisdictional wetland under the USACE method, an area must meet
three criteria: the dominance of hydrophytic vegetation, the presence of hydric soils, and
evidence of wetland hydrology. To identify potential wetlands, the Routine On-Site
Determination Plant Community Assessment Procedure, contained in the Wetlands
Delineation Manual, was used for the entire project study area to classify major
representative plant community types and characterize their vegetation, soils, and
hydrology. The identified wetlands are classified by dominant plant communities
according to the Classification of Wetlands and Deepwater Habitats of the United States
(Cowardin et al., 1979).
Field observations were recorded on routine wetland determination data sheets at
representative points located both in and out of wetland areas. In addition, a functional
assessment of wetland systems present within the project study area was conducted using
the Guidance for Rating the Values of Wetlands in North Carolina: Fourth Version,
Penn Wynne Homes Wetland Identification and Delineation Report
developed by NCDWQ (NCDWQ, 1995). The completed data sheets and rating forms are
included in Appendix B.
Jurisdictional streams were also delineated during the field investigations (Figure 2,
Appendix A). Streams were evaluated and classified using the USACE Stream Quality
Assessment Worksheet (USAGE, 2003) and the NCDWQ Stream Classification Form,
Version 3.1 (NCDWQ, 2005a). These forms are included Appendix B. Best Usage
Classifications are ranks assigned for each surface water body by the NCDWQ in
accordance with Procedures for Assignment of Water Quality Standards (15A NCAC 2B
.0100) and Classifications and Water Quality Standards Applicable to the Surface Waters
of North Carolina (15A NCAC 2B .0200). These classifications serve to protect water
quality by governing the uses of the water resource (NCDWQ, 2004).
A. Wetland Unit and Sample Designation
The wetland/upland boundary of each wetland unit was flagged in the field using pink
flagging labeled with "WETLAND DELINEATION" that was tied to live, woody or
herbaceous vegetation closest to the boundary. The flags were spaced no more than 50
feet apart and sequentially numbered using the wetland unit label as the prefix (e.g., W1-
1, WI-2, WI-3, etc.). In addition, the centerlines of the on-site jurisdictional streams
were flagged with blue surveying ribbon. The mapped wetland boundaries and stream
centerlines are shown on the Wetland Delineation Map located within the back pocket of
this report.
Sample data points were located in apparent wetland units and in adjacent upland areas to
characterize the changes in vegetation, soils, and hydrology along the wetland/upland
boundary. USACE routine wetland determination data forms were used to summarize
observations on vegetation, soils, and hydrology for both the wetland and upland sample
plots (Environmental Laboratory, 1987). Copies of these data forms are included in
Appendix B of this report.
B. Hydrie Soils
Soil samples for characterization were obtained at the site with a hand soil auger that
produced a 3-inch-by-8-inch profile. The soil profile was divided into distinct horizons
when possible and recorded on the data forms in terms of color, redoxomorphic features,
and texture. Soil coloration (defined as a combination of hue, value, and chroma) was
determined to a depth of approximately 16 inches by comparison with standard soil color
chips contained in the Munsell Soil Color Charts (Gretag Macbeth, 2000). Other hydric
soil characteristics such as oxidized root channels and mineral concretions were also
recorded on the data forms.
C. Wetland Hydrology
Wetland hydrology is defined by the presence of water at or above the ground surface for
sufficiently long periods during the growing season; this time frame is usually greater
than 12.5 percent of the growing season, which is approximately 3 weeks in North
Carolina. Primary indicators include inundation, saturation of soils in the upper 12
2
Penn Wynne Homes Wetland Identification and Delineation Report
inches, watermarks, drift lines, sediment deposits, and drainage patterns. Secondary
hydrologic indicators, of which two or more are required in order to make a positive
wetland determination, include oxidized root channels in the upper 12 inches, water-
stained leaves, and other specified characteristics. An evaluation of on-site hydrology
was made by noting the depth to free water in the soil auger hole and evidence of surface
ponding or flooding. Wetland hydrologic indicators were noted on the data forms, along
with notations concerning the factors contributing to the observed hydrologic regime.
Additional documentation review prior to the on-site wetland delineation included the
U.S. Department of Agriculture (USDA), Natural Resource Conservation Service
(MRCS) Soil Survey of Harnett County (Spangler, 1994) (Figure 3, Appendix A), the
U.S. Fish and Wildlife Service (USFWS) National Wetland Inventory (NWI) map for the
Coats and Lillington quadrangle (USFWS, 2007) (Figure 4, Appendix A), the USGS 7.5
minute Coats and Lillington quadrangle (USGS, 1997a: USGS, 1997b), and aerial
photography, obtained from the Harnett County Web Mapping, to identify areas that may
suggest the presence of wetlands.
D. Wetland Vegetation
Plant species occurring on-site were identified and compared to the National List of Plant
Species that Occur in Wetlands: Southeast (Region 2) (USFWS, 1988). An indicator
status for each plant is listed and associated with a probability of occurrence in wetlands,
as follows in Table 1:
Table 1:-Wetland Species Indicator Status
Wetland Indicator Probability of species occurring in a wetland
OBL - Obligate
FACW - Facultative 67-99% Usually found in wetlands
FAC - Facultative 34-66% Sometimes found in wetlands
FACU - Facultative 1-33% Seldom found in wetlands
UPL - Non-Wetland <1% Occurs in wetlands in another region, but not in
this region
Source: National List of Plant Species that Occur in Wetlands: Southeast Region 2 (USFWS, 1988)
An indicator status can be further defined by a positive (+) or negative (-) sign (e.g.,
FAC+) which clarifies the likelihood of a plant species to occur in a wetland. (Note:
FAC- species are not classified as being FAC or wetter in the percentage determination).
Hydrophytic vegetation dominance, under the routine method, is assessed by a simple
percentage derived from the number of dominant hydrophytic species divided by the total
number of dominant species. Dominant species are determined through a visual
assessment of the species most prevalent at the sample point. "Routine" sample points are
non-dimensional and generally include a vegetation unit within the immediate visual field
of the sampler. Dominant species were noted on the data forms, along with their wetland
indicator status, stratum, and percentage of dominant hydrophytic vegetation.
3
Penn Wynne Homes Wetland Identification and Delineation Report
III. INVESTIGATION RESULTS
Jurisdictional wetlands, streams, and open water areas were identified within the project
study area. Wetlands that are located adjacent to streams and receive the majority of their
hydrology from the adjacent waterway are identified as riverine. A field survey was
conducted by Lester Stancil & Associates in June 2007. Wetland limits and other survey
points are shown on Figure 2 (Appendix A) and on the Wetland Delineation Map located
within the back pocket of this report. Representative photographs of these wetlands are
located in Appendix C.
A. Soils
Soils located within the project study area were identified from the Soil Survey of Harnett
County, North Carolina (Spangler, 1994). Soils identified in the project study area are
included in Table 1, as follows (Figure 3, Appendix A).
TABLE 2. Soils Mapped in the Project Study Area.
Soil Series Mapping Unit Soil Phase
Bibb loam fre uentl flooded Bb N/A
Dothan loam sand DoA 0 to 2 percent slopes
Dothan loam sand DoB 2 to 6 percent slopes
Fu ua loam sand FaB 0 to 6 percent slopes
Goldsboro loam sand GoA 0 to 2 percent slopes
Norfolk loam sand NoB 2 to 6 percent slopes
Norfolk loam sand NoC 6 to 10 percent slopes
Rains sand loam Ra N/A
i Hydric A - Map units that are all hydric soils or have hydric soils as a major component.
x Hydric B - Map units with inclusions of hydric soils or have wet spots.
Source: USDA, NRCS: Hydric Soils list for Harnett County, North Carolina, 1991.
B. Wetlands
Wetland I
Wetland 1 (W 1) is a forested wetland located through the center of the project study area.
Buies Creek is the main source of hydrology. Low chroma soils within the top 12 inches
of soil were identified in this area. The wetland was classified as palustrine forested,
broad-leaved deciduous, seasonally flooded (PF01C) wetland. In addition, two ponded
areas were also identified within W l. One pond appears to have been man-made, then
later impounded by beavers. The other pond is an open water impoundment. The areas
are classified as palustrine unconsolidated bottom, permanently flooded,
diked/impounded (PUBHh) wetlands. The representative plant species are listed in Table
3.
4
Penn Wynne Homes
Wetland Identification and Delineation Report
Table 3: Wetland 1 Dominant Plant Species
Dominant Plant Species Stratum Indicator
Scir us cyperinus H OBL
Onoclea sensibilis H FACW
Osmunda cinnamomea H FACW+
Arundinaria i antea H FACW
Li strum sinense S FAC
Ilex o aca S/T FAC-
Sambucus canadensis S FACW-
Acer rubrum US FAC
N ssa s lvatica T FAC
Liriodendron tuli i era T FAC
Li uidambar s raci ua T FAC+
uercus ni ra T FAC
Lonicera 'a onica V FAC-
Smilax rotundi olia V FAC
Wetland 2
Wetland 2 is a headwater wetland located in the western section of the project study area.
The area is a streamside wetland associated with the unnamed tributary to Buies Creek.
Low chroma soils within the top 12 inches of soil were identified in this area. The
wetland was classified as palustrine forested, broad-leaved deciduous, temporarily
flooded (PFOIA) wetland. An open water area was identified within the boundary of W2.
This pond, which appears to have also been a borrow pit, is classified as PUBHh. This
wetland is characterized by vegetation listed in Table 4:
Table 4: Wetland 2 Dominant Plant Species
Dominant Plant Species Stratum Indicator
Onoclea sensibilis H FACW
Osmunda cinnamomea H FACW+
Arundinaria i antea H FACW
Li strum sinense S FAC
Ilex o aca S/T FAC-
Acer rubrum US FAC
Liriodendron tuli i era T FAC
Li uidambar s raci ua T FAC+
Lonicera 'a onica V FAC-
Smilax rotundi olia V FAC
Penn Wynne Homes Wetland Identification and Delineation Report
Wetland 3
Wetland 3 is a headwater wetland located on the western section of the project study area
along Matthews Mill Pond Road. Groundwater is the main source of hydrology for this
wetland. Low chroma soils within the top 12 inches of soil were identified in this area.
The wetland was classified as palustrine forested, broad-leaved deciduous, temporarily
flooded (PFOIA) wetland. This wetland is characterized by vegetation listed in Table 5:
Table 5: Wetland 3 Dominant Plant Species
Dominant Plant Species Stratum Indicator
Onoclea sensibilis H FACW
Toxicodendron radicans H FAC
Vaccinium co mbosum S FACW
Rosa multi flora S UPL
Li strum sinense S FAC
Rubus ar utus S FACU+
Ilex o aca S/T FAC-
Sambucus canadensis S FACW-
Acer rubrum US FAC
Fraxinus enns lvanica T FACW
Celtis laevi ata T FACW
Smilax rotundi olia V FAC
Lonicera 'a onica V FAC-
Li uidambar s raci ua T FAC+
Wetland 4
Wetland 4 is a palustrine open water wetland located in the northeast portion of the
project study area. The pond appears to have been an old borrow pit. The pond was not
associated with a wetland and was therefore flagged independently. The area is classified
as palustrine unconsolidated bottom, permanently flooded, diked/impounded (PUBHh).
The pond outlets via a culvert into a perennial stream that flows outside the project study
area. This stream then flows in Buies Creek.
C. Wetland Functions
A functional assessment of wetland systems present within the project study area was
conducted using the Guidance for Rating the Values of Wetlands in North Carolina:
Fourth Version, developed by NCDWQ (NCDWQ, 1995). The procedure rates wetlands
according to six functional attributes: water storage, bank/shoreline stabilization,
pollutant removal, wildlife habitat, aquatic life, and recreation and education. Attributes
are weighted to enhance the results in favor of water quality functions. Pollutant removal
is weighted to be the most important wetland attribute, while water storage, bank/shore
stabilization, and wildlife habitat functions are given equal weight as secondary
attributes. Aquatic life and recreation and education are given minimal credit. The ratings
Penn Wynne Homes Wetland Identification and Delineation Report
of the six attributes are summed to provide a score for each wetland system. Scores range
from 0 to 100; higher scores indicate higher wetland values. Wetland rankings are
presented below in Table 2.
Table 6: Jurisdictional Wetlands Identified within the Project Study Area
Wetland Riverine/
Non-Riverine Wetland Classification'
Cowardin DWQ
Wetland Ratin z
W l Riverine PFO 1 C / PUBHh 79
W2 Riverine PFO1 A 40
W3 Non-Riverine PFOIA 14
W4 Riverine PUBHh 29
ClassiScatton of Wetlands and Deepwater Habitat of the United States (Cowardin et al., 1979)
Guidance for Rating the Values and Functions of Wetlands in North Carolina. Fourth Version. (NCDWQ, 1995)
D. Streams
Buies Creek and one perennial, unnamed tributary (UT) to Buies Creek were identified
within the project study area during field investigations. The UT was given a field
designation of S1 and is associated with W2. The stream scored a 30 on the NCDWQ
Stream Identification Form, and therefore is classified as perennial (NCDWQ, 2005a).
The stream is found on both the USGS topographic quadrangle and NRCS Soil Survey
for Harnett County.
Buies Creek and its UT are classified as WS-IV. Class WS-IV streams are waters
protected as water supplies, which are generally in moderately to highly developed
watersheds (NCDWQ, 2005b). Local programs to control nonpoint source and
stormwater discharge of pollution are required. These waters are suitable for all Class C
uses, such as secondary recreation, fishing, wildlife, fish and aquatic life propagation and
survival, and agriculture (NCDWQ, 2004).
E. Upland Plant Communities
Upland communities identified in the project study area are described using the following
parameters (except where otherwise noted): vegetative composition, soil series as
indicated by the soil survey, soil characteristics as determined in the field, and general
indications of the presence or absence of wetland hydrology. Detailed determination data
sheets of the observation points are found in Appendix B.
Upland Forest
This upland plant community is characterized by upland mature forest surrounding the
wetland areas. It consists of the following dominant plant species listed in Table 7
7
Penn Wynne Homes Wetland Identification and Delineation Report
Table 7: Upland Forest Dominant Plant Species
Scientific Name Common Name Indicator Status
Acer rubrum red ma le FAC
Li uidambar s raci ua sweet gurn FAC+
Prunus serotina black cherry FACU
Rosa multi ora multiflora rose FACU-
Ilex o aca American holly FAC-
Liriodendron tuli i era tuli popular FACU
Rhododendron nudi orum rhododendron FAC
Lonicera 'a onica Japanese honeysuckle FAC-
Smilax rotundi olia reenbrier FAC
Li strum sinense Chinese rivet FAC
Pinus taeda loblolly pine FAC
Vitis SP grape
Toxicodendron radicans poison i FAC
Cornus orida flowering dogwood FACU-
Parthenocissus uin ue olia Virginia creeper FAC
Upland Farm Field
This upland plant community constitutes the remaining area surrounding the forested
wetlands and uplands. The fields appear to be fallow. At the time of the field
investigation, no crops were identified. Vegetation in the upland farm fields was a variety
of unidentified grasses.
Penn Wynne Homes Wetland Identification and Delineation Report
IV. JURISDICTIONAL AREA CONFIRMATION
Jurisdictional wetland units were delineated in April 2007. On August 23, 2007, Mr.
Ronnie Smith of the USACE, Wilmington District, conducted a jurisdictional walk-
through with URS staff to confirm the limits of the wetland and regulated waters
boundaries. The Wetland Delineation Map, located in the back pocket of this report,
presents the limits of field-confirmed wetlands and regulated waters. A Jurisdictional
Determination (JD) from the USACE has not yet been issued.
9
Penn Wynne Homes Wetland Identification and Delineation Report
V. SUMMARY AND CONCLUSIONS
Based upon a field investigation utilizing the routine onsite wetland delineation method,
URS has determined palustrine forested (PFO) wetlands, riverine perennial waters of the
U.S. associated with Buies Creek and its UT, and three palustrine unconsolidated bottom,
permanently flooded, diked/impounded (PUBHh) open water areas located within the
project study area. The subject wetlands and streams are considered Clean Water Act,
Section 404 jurisdictional wetlands and waters. A JD was performed by the USACE to
confirm the boundaries of these jurisdictional areas.
Both Federal and State programs regulate activities conducted in wetlands to minimize
the continued reduction and degradation of these resources. The Federal program is based
on section 404 of the Clean Water Act (33 U.S.C. 1344). The NCDWQ is tasked with
administering the Section 401 Water Quality Certification Process (NC General Statutes
Chapter 143 Article 21, Part 1).
After the final JD is issued, Penn Wynne Homes, Inc., will conduct an analysis of the
project study area to determine wetlands or waters would be impacted by the proposed
project. URS will assist Penn Wynne Homes, Inc., in obtaining all required permits prior
to any construction within regulated wetlands and waters.
10
Penn Wynne Homes Wetland Identification and Delineation Report
VI. REFERENCES
Cowardin, L.M., V. Carter, F.C. Golet and E.T. LaRoe, 1979. Classification of Wetlands
and Deepwater Habitat of the United States. USFWS, U.S. Department of the
Interior.
Environmental Laboratory, 1987. Corps of Engineers Wetlands Delineation Manual,
Technical Report Y-87-1, US Army Waterways Experiment Station, Vicksburg,
MS.
Gretag Macbeth, 2000. Munsell Soil Color Charts, New Windsor, NY.
NCDWQ, 1995. Guidance for Rating the Values of Wetlands in North Carolina, Fourth
Version. North Carolina Department of Environment and Natural Resources,
Division of Water Quality.
NCDWQ, 2004. Redbook. Surface Waters and Wetlands Standards. NC Administrative
Code 15A NCAC 02B .0100, .0200 & .0300. North Carolina Department of
Environment and Natural Resources, Division of Water Quality. Ammended
effective August 1, 2004.
NCDWQ, 2005a. NC Division of Water Quality Identification Methods for the Origins of
Intermittent and Perennial Streams: NCDWQ Stream Classification Form,
Version 3.1.
NCDWQ, 2005b. October 2005 Cape Fear River Basinwide Water Quality Plan. North
Carolina Department of Environment and Natural Resources, Division of Water
Quality (NCDENR, NCDWQ).
Spangler, Daniel. 1994. Soil Survey of Harnett County, North Carolina. Soil
Conservation Service. U.S. Department of Agriculture. Washington, DC.
USAGE, U.S. 2003. Stream Mitigation Guidelines: Stream Quality Assessment
Worksheet. Wilmington North Carolina District.
USDA, United States Department of Agriculture. 1991. Hydric Soils List for Harnett
County, North Carolina. Soil Conservation Service: Technical Guide, Section II-
A-2, June 1991.
USGS, 1997a. Coats Quadrangle, North Carolina (map scale 1:24,000) 7.5 Minute Series.
Washington, DC.
USGS, 1997b. Lillington Quadrangle, North Carolina (map scale 1:24,000) 7.5 Minute
Series. Washington, DC.
11
Penn Wynne Homes Wetland Identification and Delineation Report
USFWS, 1988. National List of Plant Species that Occur in Wetlands: Southeast (Region
2). Biological Report 88 (26.1). May 1988.
USFWS, 2007. NWI Wetlands Digital Data for Coats and Lillington Quadrangles.
Available URL: http://wetlandsfws.er.usgs.gov/NWUdownload.html [Accessed:
April 11, 2007].
12
Penn Wynne Homes
Wetland Identification and Delineation Report
VII. LIST OF PREPARERS
Charles Benton, PWS
Role:
Senior Environmental Scientist
Project Manager, Wetland Delineation,
Report Review
Tina (Randazzo) Sekula
Role:
Susan Shelingoski, PWS, CPESC
Role:
Environmental Scientist
Wetland Delineation, Report Production
Environmental Scientist
Wetland Delineation, Technical Review
13
Appendix A: Figures
y j \
derslRd
i
c? j ?(,? m3? ?a B rbo r ?l a
j o ss ?% -WAKE ?rSto
ta?%Dr
Y aro ,I .Pe a Fish Rd
COUNT
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rch Rd \,po n
f
\ - j Moores n `r ?ebe
Wi bery Rd
N JOHNSTO1_
t
r '?
o_ i / SR#14731 Is Chuj PC
Y
OUNTR
1 - ( Rd Z ?`?i' rs
I Cha(ybeate s 1
nngs _
1 ?Rd wwAngie ° Ai St Rache
P? Rd o ?jT '- l 1 ° 17.
\Po\~; f urh e d NG2 j° ?'ea
i t -jd9e
HARNET ek\\"` W-
\ ° TPPett Rd
COUNTY? t °?R
?v I Ja ?` N 1 Clearfield, ?. \ f^ I `? ' d ?
mes No ' Rd
j S"'u1 j v
r? ? j '?%ii Qo ( ' ? ,
°
N
o t v t`--(1
SR#iq
?,R n Matthews Rd \ o i ?F? ???j?a
s Cn ?a?9u r ? j j` m
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Pie-, .-,_ Butts
Qa i ?S I ale Rd
a
JQ?
"
2 eel a 2 j j Ches erfeld L `°
Rd C9`
T_J j co. 1 \ ,pj / o r
j ? f jj j ,, ` ? Peery \
J
au on Bro n Rd Rd tit Johns Rd ?-?? I s 1590
C?
o n?o 70 \ '? a ... j , cry
01 j.-C
Go Gr?ory
2 j
F Psi Ln
1 t--
Legend
W E
* Project Location
5
US Highway
0 1
Morrisville, NC NC Highway
Miles
Local Road
Penn Wynne Homes Streams Figure 1
Harnett County
-*? County Boundary
Date: October 2007 Regional Location Map
..
&a I
.? .
W3
W2/S 1
!1.
1¦
t ¦??. Buies Creek }
SS G:V-

1
1
¦ •r
? ¦
n ¦
u s..
V

t
r

t_egena N
W E
UM Approximate
0 Study Boundary S
Morrisville, NC NWI Wetlands 0 500 1,000 2,000
Feet
Penn Wynne Homes Figure 4
Harnett County Source: USGS Topographic Quadrangle -
of Coats (1997) and Lillington (1997) NC;
Date: October 2007 USFWS NWI for Coats and Lillington
Topographic Quadrangles (1997)
NWI Map
Appendix B: Data Forms
USACE Approved Jurisdictional Determination Form
USACE Wetland Data Forms
NCDWQ Wetland Rating Forms
USACE Stream Quality Assessment Worksheet
NCDWQ Stream Classification Form
USACE Approved Jurisdictional Determination Forms
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: Penn Wynne Homes Wetland Delineation W1 Complex:
State: North Carolina County/parish/borough: Harnett County City: Angier
Center coordinates of site (lat/long in degree decimal format): Lat. 35 27 58° $, Long. 78 45 06° .
Universal Transverse Mercator:
Name of nearest waterbody: Buies Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Cape Fear River
Name of watershed or Hydrologic Unit Code (HUC): 03030004
Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
Field Determination. Date(s):
SECTION H: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There ACe 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.
El 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): r
TNWs, including territorial seas
Q Wetlands adjacent to TNWs
Relatively permanent watersZ (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
[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: Approx 1500 linear feet: 4 width (ft) and/or acres.
Wetlands: Approx 25 acres.
c. Limits (boundaries) of jurisdiction based on J=16e1141ajt Mtu
Elevation of established OHWM (if known): and OHWM.
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:
1 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).
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 IH.A.1 and Section IH.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections I LAA and 2
and Section III.D.I.; 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. 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 IH.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section IH.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 HI.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Fick ht
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 before entering TNW.
Project waters are tick List river miles from TNW.
Project waters are Plgk Idst 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 TNW5:
Tributary stream order, if known:
s Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
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 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: kL4t.
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: Fick
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: Vislt.List
Estimate average number of flow events in review area/year: PIgk List
Describe flow regime:
Other information on duration and volume:
Surface flow is: okjbt. Characteristics:
Subsurface flow: k 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):
? Discontinuous OHWM 7 Explain:
If factors other than the OHWM were used to determ
High Tide Line indicated by: Im
? 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 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.
7Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
? Riparian corridor. Characteristics (type, average width):
? Wetland fringe. Characteristics:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Pick List. Explain:
Surface flow is: Pick List
Characteristics:
Subsurface flow: MIC List. Explain findings:
? Dye (or others 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 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 the pfsk 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 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 acres) Directly abuts? /N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
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.
[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: Streams scored greater than 30 on the NCDWQ stream classification form.
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):
E Tributary waters: 1500 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 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: Hydrology from wetland complex flows directly into the RPW and vice versa.
Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section 111.13 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: 25 acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
'D 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):"
which are or could be used by interstate or foreign travelers for recreational or other purposes.
? from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
? which are or could be used for industrial purposes by industries in interstate commerce.
? Interstate isolated waters. Explain:
? Other factors. Explain:
Identify water body and summarize rationale supporting determination:
'See Footnote # 3.
9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
is Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
Provide estimates for jurisdictional waters in the review area (check all that apply):
? Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
Wetlands: acres.
NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
EJ 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 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.
L] Data sheets prepared by the Corps:
Corps navigable waters' study:
U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
? USGS 8 and 12 digit RUC maps.
U.S. Geological Survey map(s). Cite scale & quad name:Lillington Quadrangle, NC.
USDA Natural Resources Conservation Service Soil Survey. Citation:NRSC Web Soil Survey for Harnett County.
National wetlands inventory map(s). Cite name:NWI wetlands mapper.
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:
? Applicabletsupporting 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: Penn Wynne Homes Wetland Delineation S1 and W2 Complex
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State: North Carolina County/parish/borough: Harnett County City: Angier
Center coordinates of site (lat/long in degree decimal format): Lat. 35 27 58° 1!T, Long. 78 45 06° .
Universal Transverse Mercator:
Name of nearest waterbody: Buies Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Cape Fear River
Name of watershed or Hydrologic Unit Code (HUC): 03030004
Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
} Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
? Office (Desk) Determination. Date:
E] 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]
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 waterS2 (RPWs) that flow directly or indirectly into TNWs
Non-RPWs that flow directly or indirectly into TNWs
ED 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: Approx. 1500 linear feet: 2 width (ft) and/or acres.
Wetlands: Approx 10 acres.
c. Limits (boundaries) of jurisdiction based on: 1987 Deliltoatlon Magoal
Elevation of established OHWM (if known): and OHWM.
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:
1 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 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 I LA.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 I LD.L; otherwise, see Section HI.B 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 Rapaooshave 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,
slip to Section HI.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section HLBA for
the tributary, Section IH.B.2 for any onsite wetlands, and Section I LB.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( of
Drainage area: `l&k DO
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
? Tributary flows directly into TNW.
? Tributary flows through iPickLlst tributaries before entering TNW.
Project waters are ? ]k List river miles from TNW.
Project waters are t river miles from RPW.
Project waters are y? t aerial (straight) miles from TNW.
Project waters are s 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:
a Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
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 all that =lv):
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: ck 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 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: El
? 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 sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
? Riparian corridor. Characteristics (type, average width):
? Wetland fringe. Characteristics:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Ptck List. Explain:
Surface flow is: Pick List
Characteristics:
Subsurface flow: PISkList. 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 Pick Lis( river miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: tick 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 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 acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
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:
0 TNWs: linear feet width (ft), Or, acres.
[a 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: Streams scored greater than 30 on the NCDWQ stream classification form.
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: 1500 linear feet 2 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):
Q 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: Hydrology from wetland complex flows directly into the RPW and vice versa.
Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary
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: 10 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.
El 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.
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 (1-6), 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):"
? 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:
Identify water body and summarize rationale supporting determination:
Nee Footnote # 3.
9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
io Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
E] 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 all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
? Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
Data sheets prepared/submitted by or on behalf of the applicant/consultant.
? Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.
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:Lillington Quadrangle, NC.
® USDA Natural Resources Conservation Service Soil Survey. Citation:NRSC Web Soil Survey for Harnett County.
® National wetlands inventory map(s). Cite name:NWI wetlands mapper.
? State/Local wetland inventory map(s):
] FEMA/FIRM maps:
C] 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 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: Penn Wynne Homes Wetland Delineation W3
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State: North Carolina County/parish/borough: Harnett County City: Angier
Center coordinates of site (lat/long in degree decimal format): Lat. 35 27 58° N, Long. 78 45 060.W.
Universal Transverse Mercator:
Name of nearest waterbody: Buies Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Cape Fear River
Name of watershed or Hydrologic Unit Code (HUC): 03030004
Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are n4 "navigable waters of the US." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
El Waters subject to the ebb and flow of the tide.
El 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 20 "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): t
TNWs, including territorial seas
E] 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
E 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: Approx 8 acres.
c. Limits (boundaries) of jurisdiction based on: 1081 w4witop 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:
1 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).
3 Supporting documentation is presented in Section III.F.
SECTION HI: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.1.; otherwise, see Section HIM 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, slip to Section HI.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section HI.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section HI.B.2 for any onsite wetlands, and Section HI.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section HI.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: PkkUst
Drainage area: -Kk 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 before entering TNW.
Project waters are Pick List river miles from TNW.
Project waters are Pict fiat 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 TNW5:
Tributary stream order, if known:
Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
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 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: 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: kick List
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: P)c1t 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: Ptetc;t4t Characteristics:
Subsurface flow: Fick List. Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
? Bed and banks
? OHWM6 (check all indicators that apply):
? clear, natural line impressed on the bank ?
? 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):
El High Tide Line indicated by: Mean High Water Mark indicated by:
? oil or scum line along shore objects ? survey to available datum;
? fine shell or debris deposits (foreshore) ? physical markings;
? physical markings/characteristics ? vegetation lines/changes in vegetation types.
? tidal gauges
? other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
? Riparian corridor. Characteristics (type, average width):
? Wetland fringe. Characteristics:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size:Approx 8 acres
Wetland type. Explain:NCDWQ Wetland Rating Score of 22.
Wetland quality. Explain:NCDWQ Wetland Rating of 14.
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Intermitteutflow. Explain:
Surface flow is: Discrete and conflnea
Characteristics:
Subsurface flow: VW -own. Explain findings:
? Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
? Directly abutting
® Not directly abutting
® Discrete wetland hydrologic connection. Explain: Hydrology from this wetand flows into a conveyance outside
of the project study area. This conveyance then flows into Buies Creek.
? Ecological connection. Explain:
? Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are 540 river miles from TNW.
Project waters are 5-10 aerial (straight) miles from TNW.
Flow is from: Wetland to/from navigable waters.
Estimate approximate location of wetland as within the $00 yeacor 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: Wetland is surrounded by fallow farm fields.
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
® Riparian buffer. Characteristics (type, average width): Wetland is surrounded by fallow farm field.
® Vegetation type/percent cover. Explain:Dominant species include Acer rubrum, Liquidambar styraciflua, and Ligustrum
sinense.
? 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:
Approximately ( 8 ) acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
N 8
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D: The adjacent wetland has the capacity to transfer nutrients and organic carbon that supports downstream foodwebs.
The wetland drains into a conveyance outside the project study area. This conveyance then flows into Buies Creek amd ultimately
to the TNW, the Cape Fear River.
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: Approx linear 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:
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:
3. Non-RPWss that flow directly or indirectly into TNWs.
E Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
Tributary waters: linear feet width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.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: Approx 8 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.
Impoundments of jurisdictional waters.9
Asa 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):"
? 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:
8See Footnote # 3.
v 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 for jurisdictional waters in the review area (check all that apply):
EaTributary 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.
El 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 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 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:Lillington Quadrangle, NC.
USDA Natural Resources Conservation Service Soil Survey. Citation:NRSC Web Soil Survey for Harnett County.
National wetlands inventory map(s). Cite name:NWI wetlands mapper.
State/Local wetland inventory map(s):
s FEMA/FIRM maps:
100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Q Photographs: ? Aerial (Name & Date):
or ? Other (Name & Date):
Q 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 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: Penn Wynne Homes Wetland Delineation, W4
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State: North Carolina County/parish/borough: Harnett County City: Angier
Center coordinates of site (lat/long in degree decimal format): Lat. 35 27 58° J% Long. 78 45 06° .
Universal Transverse Mercator:
Name of nearest waterbody: Buies Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Cape Fear River
Name of watershed or Hydrologic Unit Code (HUC): 03030004
Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
? Office (Desk) Determination. Date:
? Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There eCie`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 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): 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
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: linear feet: width (ft) and/or acres.
Wetlands: 0.5 acres.
c. Limits (boundaries) of jurisdiction based on: 19$7 Delineation 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.
a 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).
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.1 and Section IH.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections HI.A.1 and 2
and Section HI.D.1.; otherwise, see Section IH.B 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 HLDA.
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 wetlands, complete Section HI.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: Pick List
Drainage area: Vlek"t
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
? Tributary flows directly into TNW.
? Tributary flows through PIg Li$t tributaries before entering TNW.
Project waters are °W* List river miles from TNW.
Project waters are Pjck,1j$t river miles from RPW.
Project waters are Pick List aerial (straight) miles from TNW.
Project waters are Ptg'Wsj aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5:
Tributary stream order, if known:
'Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
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 all that Wlv)•
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: Ptc4 List
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: Plck 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: PitklLisi. 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):
? 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):
(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 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: 0.5 acres
Wetland type. Explain: Palustrine Open Water.
Wetland quality. Explain:NCDWQ Wetland Rating 29.
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Wermltterit flow. Explain:
Surface flow is: Discrete and con'
Characteristics:
Subsurface flow: Unk own. Explain findings:
? Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
? Directly abutting
® Not directly abutting
® Discrete wetland hydrologic connection. Explain: Palustrine Open Water wetlands outlets via a culvert into a
perennial stream outside the project study area. This stream then flows into Buies Creek.
? Ecological connection. Explain:
? Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are 540 river miles from TNW.
Project waters are 5-10 aerial (straight) miles from TNW.
Flow is from:WeWnd to/ Au navig a tars.
Estimate approximate location of wetland as within the $Wryear or greate;C 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: Wetland is an old borrow pit. Water color was brown.
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
® Riparian buffer. Characteristics (type, average width):Approx 15-20 feet.
® Vegetation type/percent cover. Explain: Dominant species include Acer rubrum, Liquidambar styraciflua, and Ligustrum
sinense.
? 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: ,I
Approximately ( 0.5 ) acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size in acres)
N 0.5
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
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
Section III.D: The tributary and adjacent wetland have the capacity to transfer nutrients and organic carbon that supports
downstream foodwebs. This Palustrine Open Water wetland drains into a perennial stream outside the project study area. This
stream then flows into Buies Creek and ultimately to the TNW, Cape Fear River.
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: Approx linear 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: Tributary is outside if the review area, but appears to flow all year-round.
? 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).
F-1 Other non-wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
El Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.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: 0.5 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: 0.5 acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
El 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.
Q 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:
'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 for jurisdictional waters in the review area (check all that apply):
? Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
Wetlands: acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
? Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:w.
? 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 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: 7 acres 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 prepared by the Corps:
Corps navigable waters' study:
U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
? USGS 8 and 12 digit RUC maps.
U.S. Geological Survey map(s). Cite scale & quad name:Lillington Quadrangle, NC.
USDA Natural Resources Conservation Service Soil Survey. Citation:NRSC Web Soil Survey for Harnett County.
National wetlands inventory map(s). Cite name:NWI wetlands mapper.
? 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):
B. ADDITIONAL COMMENTS TO SUPPORT JD:
USACE Wetland Data Forms
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project Site: Penn Wynne
Applicant/Owner: Penn Wynne Homes
Investigator: Sekula, Shelin oski Date:
County:
State: 4/5/07
Harnett
NC
Do Normal Circumstances exist on the site? ® Yes ? No Community ID:
Is the site significantly disturbed (Atypical Situation)? ? Yes ® No Transect ID: PFO - Beaver Pond/ Gum Swam
Is Area a Potential Problem Area? (if needed, explain on reverse) ? Yes ® No Plot ID: Wetland 1

VEGETATION
Dominant Plant Spades Stratum Indicator Dominant Plant Spades Stratum Indicator
1 Sar s c nus H OBL 8 Sambucus conadensis S FACW-
2 Onodea sensibilis H FACW 9 Acerrubrum T/S FAC
3 Osmunda annamomea H FACW+ 10 Uriodendron tuli ' era T FAC
4 Arundinaria i ntea H FACW 11 Liquids mbar s dflua T FAC+
5 " usbvm sinense S FAC 12 Quercus nigra T FAC
6 Nyasa vadca T FAC 13 Lonicera a nice V FAG
7 Ilex o pace S/T FAC- 14 Smilax rotundifolia V FAC
Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-): 86%
Remarks:
HYDROLOGY
? Recorded Data (describe in Remarks) Wetland Hydrology Indicators:
? Stream, Lake, or Tide Gauge Prlma Indicators: Secondary Indicators (2 or more required):
? Aerial Photographs
? Other ® Inundated
® Saturated in Upper 12 inches ®
® Oxidized Root Channels in Upper 12"
Water-Stained Leaves
® No recorded data available ? Water Marks ® Local Soil Survey Data
Field Observations: ? Drift Lines ® FAC-Neutral Test
Depth of Surface Water. 0-24 (In.) ? Sediment Deposits ? Other (explain in remarks)
Depth to Free Water in Pit: 0 (In.) ® Drainage Patters in Wetlands
Depth to Saturated Soil: 0 (In.)
Remarks: Beaver Pond
SOILS
Map Unit Name (Series and Phase): Bibb Soils frequently flooded
Taxonomy (Subgroup): T is Fluva uents Drainage Class: Poorly drained Circle
Field Observations Confirm Mapped Type? Yes No
Profile Descritio n: -

Depth inches
Horizon Matrix Color
Munsell Mast Mottle Colors
Munsell Moist Mottle Abundance/
Size/Contrast
TextureConcretions Structure, etc.
0-4 10 YR 2/1 sand clay loam
4-16+ 10 YR 4/1 and 10 YR 5/2 Loam sand

H d
?
?
?
® ric Soil Indicators:
Histosol ® Reducing Conditions
Histic Epipedon ® Gleyed or Low-Chroma Colors
Sulfidic Odor ? Concretions
Aquatic Moisture Regime ? Organic Streaking in Sandy Soils
?
?
®
?
High Organic Content in Surface Layer in Sandy Soils
Listed on National Hydric Soils List
Listed on Local Hydric Soils List
Other (explain in remarks)

Remarks:
Ut I tKMINA
Hydrophytic Vegetation Present? ® Yes ? No Is this Sampling Point Within a Wetland? ? Yes Q No
Wetland Hydrology Present? Yes No
Hydric Soils Present? ® Yes ? No
Remarks:
Form Content Approved by HQUSACE 3/92
rr r - ravrseu
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project Site: Penn Wynne
Applicant/Owner: Penn Wynne Homes
Investigator: Sekula, Shelin oski Date:
County:
State: 4/5/07
Harnett
NC
Do Normal Circumstances exist on the site? ® Yes ? No Community ID:
Is the site significantly disturbed (Atypical Situation)? ? Yes ® No Transect ID: Upland
Is Area a Potential Problem Area? (If needed, explain on reverse) ? Yes ® No Plot ID: Wetland 1

VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1 Arundinada i ntea H FACW 8 Pinus laeda T FAC
2 Osmundacinnamomea H FACW+ 9 Acerrutxum T/S FAC
3 Comus flodda S FACU- 10 Llriodendron tull Hera T FAC
4 Rhododendron nudiflorum S FAC 11 Li uidembar styraciflua T FAC+
5 . usbvm sinense S FAC 12 Prunus serotina T FACU
6 Ilex o ce S/T FAC- 13 Lonicera 'a nip V FAG
7 Quarcus albs Srr FACU 14 Smilax rotundlfolia V FAC
Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-): 64%
Remarks. Majority of species are FAC
HYDROLOGY

? Recorded Data (describe in Remarks)
? Stream, Lake, or Tide Gauge
? Aerial Photographs Wetland Hydrology Indicators:
Prima Indicators:
? Inundated
Secondary Indicators (2 or more required):
? Oxidized Root Channels in Upper 12'
? Other
O No recorded data available ?
? Saturated in Upper 12 inches
Water Marks ?
? Water-Stained Leaves
Local Soil Survey Data
Field Observations: ? Drift Lines ? FAC-Neutral Test
Depth of Surface Water. (In.) ? Sediment Deposits ? Other (explain in remarks)
Depth to Free Water in Pit: -
Depth to Saturated Soil: >18 (In.)
(In.) ? Drainage Patters in Wetlands
Remarks: Beaver Pond upland area
SOILS
Map Unit Name (Series and Phase):
Taxonomy (Subgroup): Fu ua loam sand 0-6 percent slopes
Arenic Plinthic Kandiudults Drainage Class: Well drained Circle
Field Observations Confirm Mapped Type? Yes No
Profile Descri tio n:

Depth inches
Horizon Matrix Color
Munsell Moist Mottle Colors
Munsell Moist Mottle Abundance/
Size/Contrast
TextureConcretions Structure, etc.
0-4 10 YR 3/2 loam
4-8 10 YR 4/3 Loam
8-16+ 2.5 Y 513 sand loam

H ric Soil Indicators:
? Histosol
? Histic Epipedon
? Sulfidic Odor
? Aquatic Moisture Regime
? Reducing Conditions
? Gleyed or Low-Chroma Colors
? Concretions
? Organic Streaking in Sandy Soils
?
?
?
?
High Organic Content in Surface Layer in Sandy Soils
Listed on National Hydric Soils List
Listed on Local Hydric Soils List
Other (explain in remarks)
r emarks:
UtItKM
I Hydrophytic Vegetation Present? Yes B? No Is this Sampling Point Within a Wetland? Q Yes Q No I
Wetland Hydrology Present? ? Yes ® No
Hydric Soils Present? El Yes ® No
Remarks:
Form Content Approved by HQUSACE 3192
W1 UP Revised
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project Site: Penn Wynne Date: 419/07
ApplicantlOwner: Penn Wynne Homes County: Harnett
Investigator: Sekula, Shelin oski, Benton State: NC
Do Normal Circumstances exist on the site? ® Yes ? No Community ID:
Is the site significantly disturbed (Atypical Situation)? ? Yes ® No Transect ID: PFO
Is Area a Potential Problem Area? (if needed, explain on reverse) ? Yes ® No Plot ID: Wetland 2
VEGETATION
Dominant Plant Species
1 Onodea sensibIlis Stratum
H Indicator
FACW Dominant Plant Species
8 Li uidambar styraciflua Stratum
T Indicator
FAC+
2
3 Osmunda dnnamomea
Arundinada i ntea
' H
H FACW+
FACW 9
10 Lonicera japonica
Smdaxrolundifolia V
v FAG
FAC
4 ustrum sinense S FAC 11
5 Ilex o pace Srr FAC- 12
6 Acer rubrum T/S FAC 13
7 L6iodendron tuli dera T FAC 14
Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-): 80%
Remarks:
HYDROLOGY
? Recorded Data (describe in Remarks) Wetland Hydrology Indicators:
? Stream, Lake, or Tide Gauge Prima Indicators: Secondary Indicators (2 or more required):
? Aerial Photographs
? Other ? Inundated
® Saturated in Upper 12 inches ®
® Oxidized Root Channels in Upper 12"
Water-Stained Leaves
® No recorded data available ? Water Marks
®
Local Soil Survey Data
Field Observations: ? Drift Lines FAC-Neutral Test
Depth of Surface Water. 0 (In.) ? Sediment Deposits ? Other (explain in remarks)
Depth to Free Water in Pit: 6 (In.) -Drainage-Patters in Wetlands
Depth to Saturated Soil: 0 (In.)
Remarks: Beaver Pond
SOILS
Map Unit Name (Series and Phase):
Taxonomy (Subgroup): Rains sand loam
T is Palea uults Drainage Class: Poorly drained Circle
Field Observations Confirm Mapped Type? Yes No
Profile Descri lio n:

Depth inches
Horizon Matrix Color
Munsell Moist Mottle Colors
Munsell Moist Mottle Abundance/
Size/Contrast
TextureConcretions Structure, etc.
0-16 10 YR 413 sand loam

H
?
?
?

® ric Soil Indicators:
Histosol
Histic Epipedon
Sulfdic Odor

Aquatic Moisture Regime
® Reducing Conditions
® Gleyed or Low-Chroma Colors
El Concretions

? Organic Streaking in Sandy Soils
?
?

®
?
High Organic Content in Surface Layer in Sandy Soils
Listed on National Hydric Soils List

Listed on Local Hydric Soils List
Other (ex
lain in remarks)
p
Remarks:
wr- I LANU Ur-TERMINATION
I Hydrophytic Vegetation Present? Yes ?? No Is this Sampling Point Within a Wetland? Q Yes 0 No I
Wetiand Hydrology Present? ® Yes ? No
Hydric Soils Present? ® Yes ? No
Remarks:
Form Content Approved by HOUSACE 3/92
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project Site: Penn Wynne Date: 4/9/07
Applicant/Owner: Penn Wynne Homes County: Harnett
Investigator: Sekula, Shelin oski, Benton State: NC
Do Normal Circumstances exist on the site?
Ye
s
No
Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes
t No Transect ID: U land

Is Area a Potential Problem Area? (If needed, explain on reverse) Yes
o
® No
Plot ID:
Wetland 2
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1 Toxioodendron radicans H FAC 8 Lonlcera iapo nice V FAC
2 Comusflodds S FACU- 9 Smilaxrotund/folia v FAG
3 ' uslrum sinense S FAC 10 Parthenocissus ui uefolie V FAC
4 Acer ru6rum T/S FAC 11 Vilis V
5 tuliDdera ' T FAC 12
6 Ilex o ca SIT FAC- 13
7 Li uidambar styraciflua T FAC+ 14
Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-): 70%
Remarks: Majority of species are FAC
HYDROLOGY

DORecorded Data (describe in Remarks)
Stream, Lake, or Tide Gauge
Aerial Photographs Welland Hydrology Indicators:
Prlma Indicators:
? Inundated
Secondary indicators (2 or more required):
? Oxidized Root Channels in Upper 12"
Other
corded data available ?
? Saturated in Upper 12 inches
Water Marks ?
? Water-Stained Leaves
Local Soil Survey Data
Field Observations: ? Drift Lines ? FAC-Neutral Test
Depth of Surface Water. (In.) ? Sediment Deposits ? Other (explain in remarks)
Depth to Free Water in Pit:
Depth to Saturated Soil: >18 (In.)
(In.) ? Drainage Patters in Wetlands
Remarks:
SOILS
Map Unit Name (Series and Phase):
Taxonomy (Subgroup): Norfolk loam sand 2-6 percent slopes
thermic T is Paleudults Drainage Class: Well drained Circle
Field Observations Confirm Mapped Type? Yes No
Profile Desai lio n:

Depth inches
Horizon Matrix Color
Munsell Moist Mottle Colors
Munsell Moist Mottle Abundance/
Size/Contrast
TextureConcretions Structure etc.
0-16 10 YR 4/3 sand loam

H do Soil Indicators:
? Histosol
? Hisfic Epipedon
? Sulfidic Odor
? Aquatic Moisture Regime
? Reducing Conditions
? Gleyed or Low-Chroma Colors
? Concretions
? Organic Streaking in Sandy Soils
?
?
?
?
High Organic Content in Surface Layer in Sandy Soils
Listed on National Hydric Soils List
Listed on Local Hydric Soils List
Other (explain in remarks)
Remarks.
WtILANU
I Hydrophytic Vegetation Present? Yes No Is this Sampling Point Within a Wetland? 0 Yes Q No I
Wetiand Hydrology Present? ? Yes ® No
Hydric Soils Present? ? Yes ® No
Remarks:
Form Content Approved by HQUSACE 3/92
W2 UP - revised
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project Site: Penn Wynne
Applicant(Owner: Penn Wynne Homes
Investigator: Sekula, Shelin oski Date:
County:
State: 4/5/07
Harnett
NC
Do Normal Circumstances exist on the site? ® Yes ? No Community ID:
Is the site significantly disturbed (Atypical Situation)? ? Yes ® No Transect ID: PFO
Is Area a Potential Problem Area? (if needed, explain on reverse) ? Yes ® No Plot ID: Wetland 3

VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1 Onodea sensibilis H FACW 8 Sambucus canadensis S FACW-
2 Toxicodendron radicans H FAC 9 Acer rubrum T/S FAC
3 Vaccdnium Fc; mbosum S FACW 10 Fraxinus nns vamp T FACW
4 Rosa mulBflora S UPL 11 Celds laevi ata T FACW
5 ' ustrumsinense S FAC 12 Smilaxrolundifolia V FAC
6 Rubus a utus S FACU+ 13 Lonicera Japonica V FAG-
7 Ilex o aca Srr FAG 14 Li uidambar s ciflua T FAC+
Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-): 71%
Remarks:
HYDROLOGY

? rded Data (describe in Remarks) Wetland Hydrology Indicators:
Stream, Lake, or Tide Gauge Prima Indicators: Secondary Indicators (2 or more requked):
Aerial Photographs
Other ®
® Inundated
Saturated in Upper 12 inches ®
® Oxidized Root Channels in Upper 12"
Water-Stained Leaves
data available ® Water Marks ® Local Soil Survey Data
Field Observations: ? Drift Lines ® FAC-Neutral Test
Depth of Surface Water. 0-12 (In.) ? Sediment Deposits [3 Other (explain in remarks)
Depth to Free Water in Pit 0
Depth to Saturated Soil: 0 (In.)
(In.) ® Drainage Patters in Wetlands
Remarks: Beaver Pond
SOILS
Map Unit Name (Series and Phase):
Taxonomy (Subgroup): Rains sand loam
T is Palea uults Drainage Class: Poorly drained Circle
Field Observations Confirm Mapped Type? Yes No
Profile Descr lio n:

Depth inches
Horizon Matrix Color
Munsell Moist Mottle Colors
Munsell Moist Mottle Abundance/
Size/Contrast
TextureConcretions Structure etc.
0-16+ 10 YR 2/1 clay loam

4H ric Soil Indicators:
? Histosol

? Histic Epipedon
? Sulfidic Odor

® Aquatic Moisture Regime
® Reducing Conditions

® Gleyed or low-Chroma Colors
? Concretions

Organic Streaking in Sandy Soils
MJ

High Organic Content in Surface Layer in Sandy Soils
Listed on National Hydric Soils List
Lis
ted on Local Hydric Soils List
Other (explain in remarks)
Remarks:
I Hydrophytic Vegetation Present? Yes No Is this Sampling Point Within a Wetland? EMYes Q No I
Wetland Hydrology Present? ® Yes ? No
Hydric Soils Present? ® Yes ? No
Remarks:
Form Content Approved by HQUSACE 3/92
vva - rcevisea
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project Site: Penn Wynne Date: 4/5/07
Applicant/Owner: Penn Wynne Homes County: Hamett
Investigator: Sekula, Shelin oski State: NC
Do Normal Circumstances exist on the site? ® Yes
No Community ID:
Is the site significantly disturbed (Atypical Situation)? ? Yes No
l Transact ID: U land
Is Area a Potential Problem Area? (if needed, explain on reverse) ? YNo
u Plot ID: Wetland 3
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1 Toxicodendron radicans H FAC 6 Quercus Mora T FAC
2
3 Corpus florfda
' ustrum sinense S
S FACU-
FAC 9
10 Lonicera 'a nip
Smilax rotundi/olis V
V FAG
FAC
4 Acer rubrum T/S FAC 11 Parthenocissus ui uefolia V FAC
5 Lkiodendron tul. i.... T FAC 12 Vids V
6 Ilex o ce SR FAG 13
7 Li uidamber s dflua T FAC+ 14
Percent of Dominant Species that are OBL, FACW or FAC ( excluding FAC-): 72%
Remarks: Majority of species are FAC
HYDROLOGY

? Recorded Data (describe in Remarks) Wetland Hydrology Indicators:
? Stream, Lake, or Tide Gauge Prima Indicators: Secondary Indicators (2 or more requked):
? Aerial Photographs
? Other ?
? Inundated
Saturated in Upper 12 inches ?
? Oxidized Root Channels in Upper 12"
Water-Stained Leaves
® No recorded data available ? Water Marks ? Local Soil Survey Data
Field Observations: ? Drift Lines ? FAC-Neutral Test
Depth of Surface Water. (In.) ? Sediment Deposits ? Other (explain in remarks)
Depth to Free Water in Pit:
Depth to Saturated Soil: >18 (In.)
(In.) ? Drainage Patters in Wetlands
Remarks:
SOILS
Map Unit Name (Series and Phase):
Taxonomy (Subgroup): Dothan loam sand 2-6 percent slopes
Thermic Plinthic Kandiuduits Drainage Class: Well drained Circle
Field Observations Confirm Mapped Type? Yes No
Profile Descri lio n:

Depth inches
Horizon Matrix Color
Munsell Moist Mottle Colors
Munsell Moist Mottle Abundance/
Siza/Contrast
TextureConcretions Structure etc.
0-1 10 YR 3/2 sand loam
1-16+ 10 YR 4/3 sand loam

H ric Soil Indicators:
? Histosol
? Histic Epipedon
? Sulfidic Odor
? Aquatic Moisture Regime
? Reducing Conditions
? Gleyed or Low-Chroma Colors
? Concretions
? Organic Streaking in Sandy Soils
?
?
?
?
High Organic Content in Surface Layer in Sandy Soils
Listed on National Hydric Soils List
Listed on Local Hydric Soils List
Other (explain in remarks)
Remarks:
trC 1 LNIllu
I HydrophyUc Vegetation Present? Yes ? No Is this Sampling Point Within a Wetland? Q Yes ® No
Wetland Hydrology Present? ? Yes ® No
Hydric Soils Present? ? Yes ® No
Remarks:
W3 UP - revised
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project Site: Penn Wynne Date: 4/5/07
Applicant/Owner: Penn Wynne Homes County: Harnett
Investigator: Sekula, Shelin oski State: NC
Do Normal Circumstances exist on the site? ® Yes ? No Community ID:
Is the site significantly disturbed (Atypical Situation)? ? Yes ® No Transact ID: POW - Borrow Pit
Is Area a Potential Problem Area? (f needed, explain on reverse) ? Yes M No Plot ID: Wetland 4
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1 8
2 9
3 10
4 11
5 12
5 13
7 14
Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-):
Remarks: No plant species were observed growing within the ponded area.
HYDROLOGY
? Recorded Data (describe in Remarks) Wetland Hydrology Indicators:
? Stream, Lake, or Tide Gauge
? A
l
ri Prima Indicators: Secondary Indicators (2 or more required):
e
a
Photographs
? Other
® N
d ® Inundated
® Saturated in Upper 12 inches ?
? Oxidized Root Channels in Upper 12'
Water-Stained Leaves
o recor
ed data available ? Water Marks ? Local Soil Surve
D
t

Field Observations: y
a
a

Depth of Surface Water. > 48
(In.) ? Drift Lines
? Sediment Deposits ?
? FAC-Neutral Test
Other (explain in remarks)
Depth to Free Water in Pit: 0 (In.) ? Drainage Patters in Wetlands
Depth to Saturated Soil: 0 (In.)
Remarks: Borrow Pit
SOILS
Map Unit Name (Series and Phase):
Taxonomy (Subgroup): Norfolk loam sand, well drained
T is Paleudults Drainage Class: Poody drained Circle
Field Observations Confirm Mapped Type? Yes No
Profile Descri ti o n:

L)epth inches
Horizon Matrix Color
Munsell Moist Mottle Colors
Munsell Moist Mottle Abundance/
Size/Contrast
Texture, Concretions, Structure etc.
sand clay loam
Loam sand

JH
?
?
?
® ric Soil Indicators:
Histosol
Histic Epipedon
Sulfidic Odor
Aquatic Moisture Regime
AC01 Reducing Conditions
Gleyed or Low-Chroma Colors
Concretions
Organic Streakin
in Sand
S
il
?

?
High Organic Content in Surface Layer in Sandy Soils
Listed on National Hydric Soils List
Listed on Local Hydric Soils List
O
h
g
y
o
s t
er (explain in remarks)
Remarks:
-I ^rw uC 1 CRMINAI IUN
Hydrophytic Vegetation Present? P Yes ? No Is this Sampling Point Within a Wetland? 0 Yes 0 No
Wetland Hydrology Present? Yes No
Hydric Soils Present? Yes ? No
Remarks: Wetland is a borrow pit with water more than 4 feet deep.
Form Content ADDroved by HQUSACF
NCDWQ Wetland Rating Forms
IN 1
WETLAND RATING WORKSHEET Fourth Version
Project Name ?nn W V lnne. HpW& Nearest Road O [A Bu.leS egg 2d
County (}LLYy1e,{ { Wetland area d5 acres Wetland width feet
Name of evaluator S&U.101 Date H110101 C fe V 1 Sed
Wetland location
_ on pond or lake
IV/ on perennial stream
_ on intermittent stream
_ within interstream divide
other:
Soil series: 61 bb
predominantly organic - humus, muck, or
peat
predominantly mineral - non-sandy
-predominantly sandy
Hydraulic factors
_ steep topography
_ ditched or channelized
J total wetland width > 100 feet
Adjacent land use
(within '/z mile upstream, upslope, or radius)
V forested/natural vegetation 50%
V agriculture, urban/suburban 50%
- impervious surface %
Dominant vegetation
(1) Ilex c?oaca
(2) LtAUStrum S i nPn Se
(3) NjssA SNJVQ,,hM
Flooding and wetness
_ semipermanently to permanently flooded or
inundated
seasonally flooded or inundated
intermittently flooded or temporary surface water
_ no evidence of flooding or surface water
Wetland type (select one)*
_ Bottomland hardwood forest
Headwater forest
Swamp forest
_ Wet flat
_ Pocosin
_ Bog forest
_ Pine savanna
_ Freshwater marsh
_ Bog/fen
_ Ephemeral wetland
_ Carolina bay
Other:
The rating system cannot be applied to salt or brackish marshes or stream channels
R Water storage 5 x4.00= Fao
A

€ Bank/Shoreline stabilization
3
x 4.00 =
Wetland
1 a

1 T
Pollutant removal
3 ?s x 5.00 = rating
F r
I Wildlife habitat 5 x 2.00 = 56
N Aquatic life value 5 x 4.00= a6
G Recreation/Education x 1.00 =
= ** Add I point if in sensitive watershed and >10% non point source disturbance within % mile upstream, upslope, or radius
WZ
WETLAND RATING WORKSHEET Fourth Version
Project Name-'Penn W n?ne dcmeS Nearest Road LJdJJhCW& Hill P
oyld Pd
County ft0lyV1e,A' Wetland area ( l7 acres Wetland width feet
Name of evaluator St 1? Date HI 11)1()l CreV 1 Sed)
Wetland location
on pond or lake
on perennial stream
- on intermittent stream
_ within interstream divide
other:
Soil series: Rains
-predominantly organic - humus, muck, or
peat
predominantly mineral - non-sandy
.- predominantly sandy
Hydraulic factors
- steep topography
ditched or channelized
total wetland width > 100 feet
Adjacent land use
(within ''/Z mile upstream, upslope, or radius)
V forested/natural vegetation 50%
./ agriculture, urban/suburban 5Q%
_ impervious surface %
Dominant vegetation
(1) ? ldanjno ' S1?IraaFlt,to.
(2) TACk Op CGl
(3) JA411_%-hum 51nenSe
Flooding and wetness
_ semipermanently to permanently flooded or
inundated
seasonally flooded or inundated
7 intermittently flooded or temporary surface water
no evidence of flooding or surface water
Wetland type (select one)'
_ Bottomland hardwood forest
Headwater forest
_ Swamp forest
_ Wet flat
_ Pocosin
- Bog forest
_ Pine savanna
_ Freshwater marsh
_ Bog/fen
_ Ephemeral wetland
_ Carolina bay
Other:
The rating system cannot be applied to salt or brackish marshes or stream channels
R Water storage 3 x 4.00= I1
A Bank/Shoreline stabilization a x 4.00 = ® Wetland

T
Pollutant removal
3 "x 5.00=
F1 -15-? rating
I Wildlife habitat
a x 2.00 =
F '-I

L

?
N Aquatic life value x 4.00 = I T
G Recreation/Education x 1.00 = 0
** Add 1 point if in sensitive watershed and > 10% nonpo int source disturbance within '/2 mile upstream, upslope, or radius
h13
__-] WETLAND RATING WORKSHEET Fourth Version
Project Name 1)Mn W 1nne Ncrrvr S Nearest Road Ma W.S W11 lend `1201
County H&1(YIPAJ Wetland area __J_acres Wetland width feet
Name of evaluator Se k wck Date 411010-i (MASECO
Wetland location
- on pond or lake
- on perennial stream
_ on intermittent stream
? within interstream divide
other:
Soil series: _21i
predominantly organic - humus, muck, or
peat
predominantly mineral - non-sandy
_ predominantly sandy
Hydraulic factors
- steep topography _
_ ditched or channelized
total wetland width > 100 feet
Adjacent land use
(within''/2 mile upstream, upslope, or radius)
forested/natural vegetation -.5-0210
- agriculture, urban/suburban 50%
_ impervious surface %
Dominant vegetation
(1) Aces YubmtM
(2) hay Ad,&Mba r sNraa? f { uA
(3) LtGUSfi Yll`.IM Sine nst
Flooding and wetness
_ semipermanently to permanently flooded or
inundated
seasonally flooded or inundated
v/ intermittently flooded or temporary surface water
_ no evidence of flooding or surface water
Wetland type (select one)*
_ Bottomland hardwood forest
Headwater forest
_ Swamp forest
_ Wet flat
_ Pocosin
- Bog forest
_ Pine savanna
_ Freshwater marsh
_ Bog/fen
Ephemeral wetland
_ Carolina bay
Other:
. The rating system cannot be applied to salt or brackish marshes or stream channels
R Water storage ( x 4.00 =
A Bank/Shoreline stabilization
0 x 4.00 =
0 Wetland

T
Pollutant removal 1
x 5.00 -
5 rating
- ?-? -?
I
Wildlife habitat
a x 2.00 =
N Aquatic life value O x 4.00 =
G Recreation/Education x 1.00 = 0
** Add I point if in sensitive watershed and >10% nonpoint source disturbance within '/z mile upstream, upslope, or radius
WETLAND RATING WORKSHEET Fourth Version
Project Name 'PMn 1Nynvm l mes Nearest Road Old tints Crf-c lk 2d
County 90_rnc, -k Wetland area 0.5 acres Wetland width feet
Name of evaluator Sck,w& Date H11011-1 (rtd sed
Wetland location
_ on pond or lake
on perennial stream
_ on intermittent stream
_ within interstream divide
other:
Soil series: N o I'.?Ot L
predominantly organic - humus, muck, or
peat
V predominantly mineral - non-sandy
-predominantly sandy
Hydraulic factors
_ steep topography
_ ditched or channelized
total wetland width > 100 feet
Adjacent land use
(within % mile upstream, upslope, or radius)
? forested/natural vegetation 50%
agriculture, urban/suburban 50%
_ impervious surface %
Dominant vegetation
(1) 1(yLAanLD is 0. mkw"re tmen
(2)
(3)
Flooding and wetness
semipermanently to permanently flooded or
inundated
_ seasonally flooded or inundated
intermittently flooded or temporary surface water
_ no evidence of flooding or surface water
Wetland type (select one)'
_ Bottomland hardwood forest
_ Headwater forest
_ Swamp forest
_ Wet flat
_ Pocosin
- Bog forest
_ Pine savanna
_ Freshwater marsh
_ Bog/fen
Ephemeral wetland
Carolina bay
? Other: E orrmo p I
' The rating system cannot be applied to salt or brackish marshes or stream channels
R Water storage x 4.00 = F 1-1 __1
A Bank/Shoreline stabilization x 4.00 = F - -1 Wetland

T
Pollutant removal
x 5.00 = rating
I Wildlife habitat 1 x 2.00 = ® Fi
l
N Aquatic life value 3 x 4.00= F U_ I zg_ s
ps-
G Recreation/Education x 1.00 =
** Add I point if in sensitive watershed and >I 0% nonpoint source disturbance within %2 mile upstream, upslope, or radius
USACE Stream Quality Assessment Worksheets
FUSACE AID# DWQ # Site #5 1 (indicate on attached map)
FM STREAM QUALITY ASSESSMENT WORKSHEET --- - -P , AQ
Provide the following information for the stream reach under assessment:
1. Applicant's name: I?t?nj)C f jOrnCS 2. Evaluator's name: -al&(?.
3. Date of evaluation: HO 10-1 4. Time of evaluation: rf)f)Y n l n q
5. Name of stream: I IT +o ??LtleS Creek 6. River basin: i2l eft F l t'
7. Approximate drainage area: r 200 aCYTS 8. Stream order: 0
9. Length of reach evaluated: M I . DM fP 10. County: Ha 01 t++
11. Site coordinates (if known): prefer in decimal degrees. 12. Subdivision name (if any):
Latitude (e)L 34.872312): 35 . H V7 Z ° N Longitude (ex. -77.556611): IS, 7 5 (0'" I._ ? W
Method location determined (circle): GPS Topo Sheet rtho (Aerial) Photo/G1S Other GIS Other
13. Location of reach under evaluation (note roads and landmarks and attach map identifying stream(s) location):
FAt a H6LW ne ISIS H 1 I1 Wind RDO.d

14. Proposed channel work (if any):
15. Recent weather conditions: &Ly)Y1? '+' Coo I
16. Site conditions at time of visit: a&&nr) r, ef)01 (DO F
17. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat
_TI Waters -Outstanding Resource Waters - Nutrient Sensitive Waters -Water Supply Watershed (1-IV)
18. l7 there a pond or lake located upstream of the evaluation point? YES NO yes, estimate the water surface area
19. Does channel appear on USGS quad map? YES . O 20. Does channel appear on USDA Soil Survey? YES NO
21. Estimated watershed land use: IQ% Residential Commercial _% industrial -220A Agricultural
0 °A Forested % Cleared / Logged % Other ( 1
22. Bankfull width: 'Q-3 ?e c+ 23. Bank height (from bed to top of bank): -F0V+

24. Channel slope down center of stream: -Flat (0 to 2%) Gentle (2 to 4%) -Moderate (4 to ]076) -Steep (>1076)
25. Channel sinuosity: Straight Occasional bends -Frequent meander -Very sinuous -Braided channel
Instructions for completion of worksbeet (located on page 2): Begin by determining the most appropriate ecoregion based on
location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points
to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the
characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a
characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the
comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture
into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each
reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the
highest quality.
Total Score (from reverse): Comments:
Evaluator's Signature a/X4- 1 d d40,0 Date
This channel evaluation form is intended to bAYed only as a guide to assist landowners and environmental professionals in
gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream
quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a
particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919-876-8441 x 26.
STREAM QUALITY ASSESSMENT WORKSHEET
NCDWQ Stream Classification Forms
North Carolina Division of Water Quality - Stream Identification Form; Version 3.1
Date: H HIM Project: ?e.nn v honx5Latitude: 351 q 0z W
Evaluator. Site: 51 Longitude: 7$. 75 &iq O f
Total Points: Other
Stream is at least intermittent ?O County: Navr?'++ e.g. Quad Name• ?J lb n 'bn.
if 219 or perennial It 2 30
A. Geomorphology Subtotal = L Absent Weak Moderate Strong
18. Continuous bed and bank 0 1 2 C3)
2. Sinuosity 0 1 3
3. In-channel structure: riffle-pool sequence 0 2 3
4. Sal texture or stream substrate sorting 0 1 2 3
5. Activetrelic floodplain 0 1 2. 3
6. Depositional bars or benches 0 1 2 3
7. Braided channel 1 2 3
8. Recent alluvial deposits 0 1 2 3
9' Natural levees 1 2 3
10. Headcuts 0 1 2 3
11. Grade controls 0 0.5 1.5
12. Natural valley or drainageway 0 0.5 1 1.5
13. Second or greater order channel on existing
USGS or NRCS map or other documented
evidence.
No = 0
Yes = 3
man-mane ancnes are not rated; see discussions In manual
B. Hvdrolntw Mtthtntal = (7 h
14. Groundwater flow/discharge 0 1 2 3
15. Water in channel and > 48 hrs since rain, os
Water in channel - d or growing season 0 1 2
16. Leaflitter 1.5 1 0.5 0
17. Sediment on plants or debris 0 .5 1 1.5
18. Organic debris lines or piles (Wrack lines) 0 1 1.5
19. Hydric soils (redoximorphic features) present? No = 0 es =1.5
C. Biol -(Subtotal
Fibrous roots in channel
-
' 3 2 1 0
i
1
5. Rooted plants in channel 1 0
22. Crayfish 0.5 1 1.5
23. Bivalves 0 2 3
24. Fish 0.5 1 1.5
25. Amphibians 0 .5 1 1.5
26. Macrobenthos (note diversity and abundance) 0 1 1.5
27. Filamentous algae; perlphyton 0 2 3
28. Iron oxidizini;i bacterL%qungus. 0 0.5 1 1.5
29 . Wetland plants in streambed FAC = 0.5; FACW = 1175; OBL =1.5 SAV = 2.0; Other = 0
a, w c i rocus on the presence of upiana plants, item z9 tocuses on the presence of aquatic or wetland plants.
Notes: (use back sloe of this form for additional notes.) Sketch:
Appendix C: Representative Photographs
Appendix C - Representative Photographs
W l - Swamp Forest
W1 - Palustrine Forested Vegetation
W3 - Palustrine Forested Vegetation W4 - Palustrine Open Water
W 1 - Beaver Impoundment
W2 - Palustrine Forested Vegetation
Appendix C - Representative Photographs
Stream S 1
Open Water Impoundment within W1 boundaries
Open water area within W2 boundaries Representative forested upland vegetation
Representative view of farm fields
PRE-CONSTRUCTION NOTIFICATION (PCN) APPLICATION FORM - APPENDIX D
APPENDIX D: USACE APPROVED NWP 29
Penn Wynne Homes Wynne Creek Appendix D
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2007-02757 County: Harnett USGS Quad: Coats
GENERAL PERNUT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Mr. Sam Nemroff
Penn Wynne Homes Inc
Address: PO Box 240
Wynnewood, PA 19096
Telephone No.: 610-896-5050
Size and location of property (water body, road name/number, town, etc.): The property is located east of West Buies
Creek west of the intersection of Old Buies Creek Road and Montague Road south of An ier Harnett Counly,
North Carolina.
Description of projects area and activity: This permit authorizes permanent impacts to 0.018 acres of wetlands and
0.346 acres of oven water for the construction of roads and temporary impacts to 0113 acres of wetlands for the
installation of a utility line associated with the development of Wvnne Creek residential subdivision
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) -
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 29
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may
subject the permittee to a stop work order, a restoration order and/or appropriate legal action. -
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Ronnie Smith at 910-251-4829.
Corps Regulatory Official: Ronnie Smith Date: April 21, 2008
Expiration Date of Verification: April 21, 2010
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the Customer Satisfaction Survey located at our website at ft//regulatory.usacesurvey.co m/ to complete the survey
online.
Page 1 of 2
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued. Action ID
Basis of Jurisdictional Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation
Manual and is adjacent to West Buies Creek, a tributary of Buies Creek a tributary of the Cape Fear River, which is a
traditional navjeable water of the U.S. This site contains water bodies that exhibit ordinary high water marks and are
tributaries of West Buies Creek.
Appeals Information (This information applies only to approved jurisdictional determinations.)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional
determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process
(NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA
form to the following address:
District Engineer, Wilmington Regulatory Division
Attn: Ronnie Smith, Project Manager,
Wilmington Regulatory Field Office
PO Box 1890
Wilmington, North Carolina 28402
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by June 20, 2008.
**It is not necessary to submit an RFA form to the Dis a if ou not object to the determination in this correspondence.**
Corps Regulatory Official: Ronnie Smith
Date: April 21, 2008 Expiration Date: April 21, 2013
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Mr. Charlie Benton
URS Corporation
1600 Perimeter Park Drive, Suite 400
Mooresville, NC 27560
Mr. Ian McMillan
NCDENR-NCDWQ
1650 Mail Service Center
Raleigh, NC 27699
Page 2 of 2
PRE-CONSTRUCTION NOTIFICATION (PCN) APPLICATION FORM - APPENDIX E
APPENDIX E: DWQ CORRESPONDENCE LETTERS
Penn Wynne Homes Wynne Creek Appendix E
PRE-CONSTRUCTION NOTIFICATION (PCN) APPLICATION FORM - APPENDIX E
MARCH 17, 2008 - REQUEST FOR MORE INFORMATION LETTER
Penn Wynne Homes Wynne Creek Appendix E
Q?QF W ATFi9oG Michael F. Easley, Governor
7 William G. Ross Jr., Secretary
r- North Carolina Department of Environment and Natural Resources
? y
`C Coleen H. Sullins, Director
Division of Water Quality
March 17, 2008
DWQ Project # 08-0420
Harnett County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Sam Nemroff
Penn Wynne Homes, Inc.
P.O. Box 240
Wynnewood, PA 19096
Subject Property: Wynne Creek
West Buies Creek [030607, 18-18-12-2-(2), WSIV]
REQUEST FOR MORE INFORMATION
Dear Mr. Nemroff:
On March 6, 2008, the Division of Water Quality (DWQ) received your application dated March
5, 2008, to fill or otherwise impact 0.134 acres of 404/wetland and 0.346 acres of open water
(pond) to construct the proposed residential development at the site. The DWQ has determined
that your application was incomplete and/or provided inaccurate information as discussed below.
The DWQ will require additional information in order to process your application to impact
protected wetlands and/or streams on the subject property. Therefore, unless we receive five
copies of the additional information requested below, we will have to move toward denial of
your application as required by 15A NCAC 2H .0506 and will place this project on hold as
incomplete until we receive this additional information. Please provide the following
information so that we may continue to review your project.
Additional Information Requested:
1. Please provide building envelopes for all lots with wetlands, streams or buffers on the site
plans.
2. This Office believes that the greenway labeled on the plans as wetland permanent impact
can be moved or reconfigured to avoid the impacts to the wetland. Please revise the
plans to avoid the impacts.
3. Please complete Section(s)XIV on the application.
4. Please provide intermittent/perennial stream determination documentation on the site
(upstream and downstream photos and DWQ stream identification forms).
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: hnp://h2o.enr.state.nc.us/ncwettands
na
I Caroli
urally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Penn Wynne Homes, Inc.
Page 2 of 2
March 17, 2008
5. For wetland impact "W4", it is not clear as to why this impact is necessary.
Please submit this information within 30 calendar days of the date of this letter. If we do not
receive this requested information within 30 calendar days of the date of this letter, your project
will be withdrawn and you will need to reapply with a new application and a new fee.
This letter only addresses the application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application
are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian
McMillan at 919-733-1786 if you have any questions regarding or would like to set up a meeting
to discuss this matter.
Sinc ly,
Cyndi Karoly, Supervisor
e4l 401 Oversight/Express Review Permitting Unit
CBK/ijm
cc: Ken Averitte, DWQ Fayetteville Regional Office
USACE Wilmington Regulatory Field Office
File Copy
Central Files
Charlie Benton, URS Corporation, 1600 Perimeter Drive, Suite 400, Morrisville, NC 27560
Filename: 080420WyaneCreek(Hsraett)0a Hold

31825673
March 31, 2008
Ms. Cyndi Karoly
401 Oversight/Express Permitting Unit
NC Division of Water Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Re: Wynne Creek
DWQ Project # 08-0420
USACE Action ID No.: SAW-2007-02757
Dear Ms. Karoly:
Thank you for your recent review of the PCN for a Nationwide Permit # 29 to disturb Waters of
the United States for the Wynne Creek residential subdivision, located in the Town of Angier,
Harnett County, North Carolina. Per your letter dated March 17, 2008, please find enclosed five
(5) complete sets of the additional information that you have requested. In addition, we are
providing for your review the additional information that was requested by the USACE, per their
correspondence on March 14, 2008.
Please call me at [phone] if you should have any questions regarding this submittal.
Sincerely,
URS Corporation - North Carolina
Charles E. Benton, PWS
Senior Environmental Scientist
Enclosures
cc: cc: Sam Nemroff, Penn Wynne Homes
Ronnie Smith, USACE
File copy
URS Corporation - North Carolina
1600 Perimeter Park Drive, Suite 400
Morrisville, NC 27560
Tel: [phone]
Fax: [phone]
www.urscorp.com
LO -0,-L?9
Page 2 of 5
Response to NCDWQ Comments dated March 17, 2008
Please provide building envelopes for all lots with wetlands, streams or buffers on the site
plans.
Please find enclosed a revised Wetland Impact Map (Sheet W1-half-size or Sheet W2-full size)
that depicts the building envelopes for all lots with wetlands. All wetlands will remain outside of
the required building setbacks. No streams are located within the project site. No buffer rules
apply to the project site.
2. This Office believes that the greenway labeled on the plans as wetland permanent impact can
be moved or reconfigured to avoid the impacts to the wetland. Please revise the plans to
avoid the impacts.
Please find enclosed a revised Wetland Impact Map (Sheet W1-half-size or Sheet W2-full size)
that has reconfigured the proposed greenway to avoid the 130 square feet (0.003 acre) of wetland
impact, previously labeled as Wetland Impact #2.
3. Please complete Section(s),UV on the application.
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? 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.tislncwetlands. If no, please provide a short
narrative description:
The proposed subdivision "Wynne Creek" is a single and complete project The PCN is for then
entire 102.6 acre property (PIN# 0672-54-9386.000) and a portion of the Town of Angier
property (PIN# 0672-84-9386.000) for the sanitary sewer connection No additional phases are
proposed by the applicant that would physically connect to or be economically dependent upon
the proposed project.
The three "stub" roads depcted on the proposed plans are a requirement of the Town of Angier
Subdivision Ordinance Article IV Required Improvements Dedication Reservation Minimum
Standards ofDesign. Section 405, Streets Sub-Sections 405.10) and 405.5. The subdivision plan
for the proposed project has been approved by the Town of Angier.
The applicant is not aware of any proposed development by other entities (government or private)
on the adiacent properties that might be conducted in the foreseeable future The proposed project
will not create a need additional services to be developed that could directly or indirectly impact
regulated waters and wetlands.
Preservation of the majority of the existing wetlands (14.16 acres in perpetuity on the project site
will have a beneficial impact on the nearby downstream water quality.
P:Vobs3\ETd\31825673•Penn_Wynne_Homes\Work_Order_i\DraftPe it\EastemPottion\DWQCover Letter -Response to cornments.doc
L'i I,, - ?
Page 3 of 5
4. Please provide intermittent/perennial stream determination documentation on the site
(upstream and downstream photos and DWQ stream identification forms).
No streams were identified within the project site during the field delineation conducted in
February 2007, by environmental scientists of URS Corporation. The Corps conducted a site visit
in August 2007 and confirmed that no streams occur within the project site. The Corps issued a
letter of Jurisdictional Determination for the project site on January 11, 2008 (see Appendix B of
the PCN).
The February 2007 field delineation was conducted for several parcels in addition to the project
site. The nearest identified stream is West Buies Creek located on the property adjacent to the
western portion of the project site, which is owned by the Town of Angier. No impacts would
occur to West Buies Creek as part of the proposed project.
West Buies Creek is a perennial stream that is depicted as a blue-line stream on the 7.5 minute
USGS topographic maps, Coats and Lillington, NC (see Figure 2 of the PCN). The complete
wetland delineation report is included as Appendix C of the PCN.
5. For wetland impact "W4", it is not clear as to why this impact is necessary.
Wetland impact "W4" is a fill impact of 0.346 acres of a man-made farm pond. The impact to this
farm pond is required for the interior access road and parking spaces associated with the proposed
townhomes in Planned Development District (PDD) portion of the property. The revised Wetland
Impact Map (Sheet W1-half-size or Sheet W2-full size) depicts the edge of the proposed
improvements, and Sheet W-5 depicts a cross sectional detail of this impact area.
As discussed in Section 111.9 and V of the PCN, the PDD has been approved by the Town of
Angier. However, final site plans have not been designed for the PDD. As discussed in Section
VII of the PCN, as future PDD site plans are finalized, additional avoidance measures will be
considered.
Final design for the PDD may allow impacts to the farm pond to be avoided entirely. However, at
this time the application is depicting the worse-case scenario based on the Town of Angier
approved PDD. The applicant is requesting a NWP#29 for the entire 102.6 acre property (PIN#
0672-54-9386.000) that includes both the final designs for Phase I and Phase II, and the future
development of the PDD, as a single and complete project. The benefit of applying for the permit
for the entire project that includes both final and pre-final plans is to allow the regulatory
agencies to understand and review all proposed and future impacts of this single and complete
project. Regardless of the final design plans for the PDD, the project would not be able to exceed
the wetland and water impacts depicted in the PCN application.
P:Uobs3\ETd\31825673-Penn_Wynne_Homes\W ork_Order _I O raft Penn itTastem Portion\DWQ Cover Letter - Response to comments doc
Page 4 of 5
Response to USACE Comments dated March 14, 2008
The PCN is currently incomplete and we need additional information in order to process the
application. The needed information is as follows:
Please provide a cross-sectional detail of the proposed fill areas. The cross-sections
should describe the fill slopes and the elevation of the fills in relation to existing grade.
Please find enclosed Sheet W-5 that depicts the cross-sectional details of the proposed fill
areas. Please note that the fill area for Wetland Impact # 2, (0.003 acres) for the greenway,
has been eliminated per a request from the NC DWQ (see the enclosed revised Wetland
Impact Map: Sheet Wl-half-size or Sheet W2-full size). The total permanent fill impact to
wetland has been reduced from 0.48 acre to 0.477 acre. Therefore, two cross sections are
provided (Wetland Impact # 3 and Wetland Impact # 4).
• Please provide a compensatory mitigation plan for the proposed wetland and open water
impacts. If you plan to preserve the remaining wetlands on the property, please provide a
preservation document and map. Information regarding the language to be placed in the
preservation document can be found at the link below:
http: //www. saw. usace. army. mil/WETLANDS/Mitigation/preservation. h tmL
Please find enclosed Sheet W-4 that depicts the compensatory mitigation plan for the
proposed impacts. The compensatory mitigation plan involves preserving all of the remaining
forested wetlands on the property. The preservation area is 14.16 acres, which amounts to a
30:1 mitigation ratio for the permanent impacts to 0.018 acre of forested wetland impact and
0.346 acre of a man made farm pond.
Also, please find enclosed the draft Conservation Declaration document that will been signed
by Sam Nemroff, who is the president of Penn Wynne Homes, Inc., and the sole land holder
of the project site. The final document will be mailed to you when it has been recorded. This
restrictive covenant will ensure that the wetlands will be protected in perpetuity.
• Please provide a restoration/re-vegetation plan for the cleared wetland areas outside of
the permanent maintenance corridor of the utility line. The cleared wetland areas shall
be re-vegetated to the maximum extent practicable with native species of canopy, shrub,
and herbaceous species.
A re-vegetation plan for the temporary impacts associated with the utility line (sanitary sewer
connection) is depicted on the enclosed Sheet W-3. The width of the construction corridor to
install the sanitary sewer utility line has been minimized to the greatest extent practicable (20
feet in width). Per the Town of Angier requirements, the width of the permanent maintenance
corridor of this utility line is also 20 feet. As such, no extra temporary cleared areas for
construction will exist that could be re-vegetated with woody species. The permanent
maintenance corridor will be re-graded to the existing contours and re-seeded with a native
wetland seed mix.
P:Vobs3\ETd\31825673-Penn_Wynne_Homes\Work_Order_l\Dtaft PetmitTastem Portion\DWQ Cover Letter- Response to comments.doc
Page 5 of 5
There are three "stub " roads that appear to be providing access to adjoining properties.
If there are plans to continue this subdivision or if this project is a phase of a much
larger subdivision, the plans should be disclosed now and reviewed under one action to
limit the amount of review time for one single and complete project. If there are future
development plans, please provide justification for the exclusion of the work from the
current application.
The proposed subdivision "Wynne Creek" is a single and complete project. The PCN is for
then entire 102.6 acre property (PIN# 0672-54-9386.000) and a portion of the Town of
Angier property (PIN# 0672-84-9386.000) for the sanitary sewer connection. No additional
phases are proposed by the applicant that would physically connect to, or be economically
dependent upon, the proposed project. The three "stub" roads depicted on the proposed plans
are a requirement of the Town of Angier Subdivision Ordinance, Article IV. Required
Improvements, Dedication, Reservation, Minimum Standards of Design, Section 405, Streets,
Sub-Sections 405.1(3) and 405.5. The subdivision plan for the proposed project has been
approved by the Town of Angier.
§405.1 (3) The proposed street layout shall be made according to good land planning
practice for the type development proposed and shall be coordinated with the street
system of the surrounding areas. The arrangements of streets in new subdivisions shall
make provision for the continuation of the principal existing streets in adjoining
subdivisions or, when adjoining property is not subdivided, their proper projection
insofar as they may be necessary for vehicular circulation in the future. The street and
alley arrangement must be so designated as to cause no hardship to owners of adjoining
property when they plat their own land and seek to provide for convenient access to it.
When a new subdivision adjoins subdivided land, the new streets shall be carried to the
boundaries of the tract proposed to be subdivided, except where it is determined by the
Planning Board that certain streets may not be required to be so extended.
§405.5 Access to Adjacent Properties. Where, in the opinion of the Planning Board, it is
necessary to provide for access to adjoining property, proposed streets shall be extended
by dedication to the boundary of such property and a temporary turnaround provided.
P:Uobs3\ETd\31825673-Pam_Wynne_Homes\Work_Order I\DraR PertnitTastem Portion\DWQ Cover Letter- Response to comments.doc
PRE-CONSTRUCTION NOTIFICATION (PCN) APPLICATION FORM - APPENDIX E
APRIL 16, 2008 - REQUEST FOR MORE INFORMATION LETTER
Penn Wynne Homes Wynne Creek Appendix E
O?oF wATFgQG Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
0 Y Coleen H. Sullins, Director
Division of Water Quality
April 16, 2008
DWQ Project # 08-0420
Harnett County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Sam Nemroff
Penn Wynne Homes, Inc.
P.O. Box 240
Wynnewood, PA 19096
Subject Property: Wynne Creek
West Buies Creek [030607,18-18-12-2-(2), WSIvj
REQUEST FOR MORE INFORMATION
Dear r-. Nemroff _ - - - - - -
On March 6, 2008, the Division of Water Quality (DWQ) received your application dated March
5, 2008, to fill or otherwise impact 0.134 acres of 404/wetland and 0.346 acres of open water
(pond) to construct the proposed residential development at the site. The DWQ has determined
that your application was incomplete and/or provided inaccurate information as discussed below.
The DWQ will require additional information in order to process your application to impact
protected wetlands and/or streams on the subject property. Therefore, unless we receive five
copies of the additional information requested below, we will have to move toward denial of
your application as required by 15A NCAC 2H .0506 and will place this project on hold as
incomplete until we receive this additional information. Please provide the following
information so that we may continue to review your project.
Additional Information Requested:
1. Please provide detailed documentation of the imperviousness for the drainage area on the
south side of the project that includes the proposed track. Per the Stormwater
Management Plan (SMP) Requirements for Applicants Other Than the North Carolina
Department of Transportation, any drainage area that is greater than 24 percent
impervious must have an appropriate SMP (available at:
http://h2o.enr.state.ne.us/ncwetlands/documents/SMPReauirementsforApplicantsothertha
nNCDOT.pdf.
2. If a SMP is required for any of the drainage areas, please provide properly designed
BMPs that remove a minimum of 85 percent TSS from the stormwater generated by the
high density drainage areas. For any BMPs that are proposed, please provide a
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: httu://h2o.enr.state.nc.us/ncwctlands
tv Carolina
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Penn Wynne Homes, Inc.
Page 2 of 2
April 16, 2008
completed BMP Supplement Form, with all the required items. The BMP Supplement
Forms are available at: http://h2o.enr.state.nc.us/su/bmp-fonns.htm.
Please submit this information within 30 calendar days of the date of this letter. If we do not
receive this requested information within 30 calendar days of the date of this letter, your project
will be withdrawn and you will need to reapply with a new application and a new fee.
This letter only addresses the application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application
are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian
McMillan at 919-733-1786 if you have any questions regarding or would like to set up a meeting
to discuss this matter.
CBK/ijm
Sin ly,
yndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
cc: Ken Averitte, DWQ Fayetteville Regional Office
USACE Wilmington Regulatory Field Office
File Copy
Central Files
Charlie Benton, URS Corporation, 1600 Perimeter Drive, Suite 400, Morrisville, NC 27560
Filename: 080420WynneCreek(Ha rnett)On_Hold2
J '..' ;_?
31825673
May 5, 2008
Ms. Cyndi Karoly
401 Oversight/Express Permitting Unit
NC Division of Water Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Re: Wynne Creek
DWQ Project # 08-0420
USACE Action ID No.: SAW-2007-02757
Dear Ms. Karoly:
Thank you for your recent review of the PCN for a Nationwide Permit # 29 to disturb Waters of
the United States for the Wynne Creek residential subdivision, located in the Town of Angier,
Harnett County, North Carolina. Per your letter dated April 16, 2008, please find enclosed five
(5) complete sets of the additional information that you have requested.
Please call me at [phone] if you should have any questions regarding this submittal.
Sincerely,
URS Corporation - North Carolina
Charles E. Benton, PWS
Senior Environmental Scientist
Enclosures
cc: Sam Nemroff, Penn Wynne Homes
File copy
URS Corporation - North Carolina
1600 Perimeter Park Drive, Suite 400
Morrisville, NC 27560
Tel: [phone]
Fax: [phone]
www.urscorp.com

Page 2 of 3
Response to NCDWQ Comments dated April 16, 2008
1. Please provide detailed documentation of the imperviousness for the drainage area on the
south side of the project that includes the proposed track. Per the Stormwater Management
Plan (SMP) Requirements for Applicants Other Than the North Carolina Department of
Transportation, any drainage area that is greater than 24 percent impervious must have an
appropriate SMP...
Please find enclosed imperviousness documentation for the drainage area on the south side of the
project, as well as on the north side of the project (Sheet I-1, Sheet I-2, and tables). Sheet I-1
depicts the Drainage Area 1 (south side of project) for the initial phases of the proposed project
(Phase 1 & Phase 2), which includes the primary access road from Old Buies Creek Road to a 95
lot, residential subdivision located in the western portion of the property, and also includes a
recreation center located in the central portion of the property. The Total Impervious Area for the
initial phases is 13.30% for Drainage Area 1 and 2.24% for Drainage Area 2 (see the tables
entitled Drainage Area 1 Current Proposed Impervious Calculations and Drainage Area 2
Current Proposed Impervious Calculations).
At full build out of the project site, based on the preliminary Planned Development District
(PDD) that allows for a mix of single family and multi-family residences, the Total Impervious
Area is 23.15% for the Drainage Area 1 and 37.29% for Drainage Area 2 (see the tables entitled
Drainage Area 1 Future Proposed Impervious Calculations and Drainage Area 2 Future
Proposed Impervious Calculations). Final site designs for the PDD are still pending. The PDD
area will be developed in several phases. Each phase would require Town of Angier site plan
approval.
At full build out, Drainage Area 1 (south side of project) will not exceed 24 percent
imperviousness. Although the PDD is preliminary, the future conditions depicted are the worse
case scenario. The applicant is committed to staying under 24 percent imperviousness in Drainage
Area 1 when the final designs for the future phases are prepared. Therefore, a SMP for Drainage
area will not be required.
2. If a SMP is required for any of the drainage areas, please provide property designed BMPs
that remove a minimum of 85 percent of TSS from the Stormwater generated by the high
density drainage areas. For any BMPs that are proposed, please provide a complete BMP
Supplement Form, with all required items....
As the table entitled Drainage Area 2 Future Proposed Impervious Calculations presents, at full
build out based on the preliminary PDD, Total Impervious Area for Drainage Area would be
37.29%.
Since this portion of the project is has not been designed, the applicant has not yet prepared a
SMP and BMPs. The final designs will include a SMP and appropriately sized BMPS that
remove a minimum of 85 percent of TSS from the stormwater generated by the high density
drainage areas, using on the most current North Carolina Stormwater BMP Manual. At such time,
the applicant would submit the detailed documentation of the imperviousness for Drainage Area 2
(north side of property) along with the complete BMP Supplement Form.
P:Vobs3\ETd\31825673-Penn_Wynne_Homes\Work_Ordec_I\Pe it\Eastem Portion-1st SubmissionTWQ Cover Letter- Response to commentsldoc
L
Page 3 of 3
We respectfully request that the 401 Water Quality Certification be written with a condition that
would allow the applicant to provide the required imperviousness documentation for the future
phases when final site plans are developed, and will allow the initial phases (Phase 1 & Phase 2)
in Drainage Area 1 and Drainage Area 2 to proceed immediately, since these initial phases would
be below the 24% imperviousness threshold.
P:Vobs3TTd\31825673-Penn_Wynne_Homes\Work_Order_1\Permi6Eestem Portion-1st Submission\OWQ Cover Letter - Response to corrments1doc
PRE-CONSTRUCTION NOTIFICATION (PCN) APPLICATION FORM - APPENDIX E
JANUARY 15, 2008 - RETURN OF APPLICATION LETTER
(RECEIVED MAY 2008)
Penn Wynne Homes Wynne Creek Appendix E
_ OT --AZ - r<n?cnaerr•':Egrstey,-uavemar-----------..
%
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
? y
p Coleen H. Sullins, Director
Division of Water Quality
January 15, 2008
DWQ Project # 08-0420
Harnett County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Sam Nemroff
Penn Wynne Homes, Inc.
P.O. Box 240
Wynnewood, PA 19096
Subject Property: Wynne Creek
West Buies Creek [030607, 18-18-12-2-(2), WSIV]
RETURN OF APPLICATION
Dear Mr. Nemroff:
On March 6, 2008, the Division of Water Quality (DWQ) received your application dated March
5, 2008, to fill or otherwise impact 0.134 acres of 404/wetland and 0.346 acres of open water
(pond) to construct the proposed residential development at the site. On May 7, 2008, the DWQ
received additional information from you however, the DWQ has determined that your
application remains incomplete and/or provided inaccurate information as discussed below.
1. The west side of the site plan is clearly depicted as a high-density drainage area.
However, no SMP has been provided.
2. In your resubmittal, please be aware that per NCAC 2B 15A: 02H.1000, a "drainage
area" is defined as "the entire area contributing surface runoff to a single point." The
watershed delineations provided in the previous submittal do not provide information
about the specific discharge points and their associated drainage areas. A drainage area
map that shows all of the stormwater discharge points, their drainage areas and the
percent imperviousness of the drainage areas must be provided. This map must be at a
readable scale of 1" = 50' or larger.
For these reasons your permit application is hereby considered returned. Once you have
redesigned your project to address the problems and inadequacies with your application as it was
submitted, you will need to reapply for DWQ approval. This includes submitting a complete
application package with the appropriate fee.
Please be aware that you have no authorization under Section 401 of the Clear Water Act for this
activity and any work done within waters of the state would be a violation of North Carolina
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/newetiands
One
Nb
,i?1?Carolina
,N14turvily
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Penn Wynne Homes, Inc.
Page 2 of 2
May 19, 2008
General Statutes and Administrative Code. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at
919-733-1786 if you have any questions or concerns.
Since ,
'?z "k
Cyndi Karoly, Supervisor
I Oversight/Express Review Permitting Unit
cc: Ken Averitte, DWQ Fayetteville Regional Office
USACE Wilmington Regulatory Field Office
File Copy
Central Files
Charlie Benton, URS Corporation, 1600 Perimeter Drive, Suite 400, Morrisville, NC 27560
Filename: 080420 W ynatCreek(Ha rnett)Returned_Application
PRE-CONSTRUCTION NOTIFICATION (PCN) APPLICATION FORM - APPENDIX F
APPENDIX F: CONSERVATION DECLARATION
renn Wynne Homes Wynne Creek Appendix F
STATE OF NORTH CAROLINA
HARNETT OUNTY
CONSERVATION DECLARATION
This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and
RESTRICTIONS is made on this day of , 2008 by Penn Wynne
Homes, Inc, P.O. Box 240, Wynnewood, PA, 19096-0240 "Declarant, " for the subdivision
know as Wynne Creek, located in the Town of Angier, Harnett County, North Carolina.
RECITALS & CONSERVATION PURPOSES
A. Declarant is the sole owner in fee simple of the certain Conservation Property (Property)
being approximately 13.75 acres, more particularly described in Exhibit A (Sheet W-4:
Compensatory Mitigation Plan) attached hereto and by this reference incorporated herein;
and
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
Property 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 ID SAW-2007-02757 issued by the
Wilmington 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. Agricultural, Grazing and Horticultural Use Agricultural, grazing, animal husbandry, and
horticultural use of the Property are prohibited.
E. Vegetation. 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. Si nage. 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 Storage. 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.
1. Excavation, Dred ing or Mineral Use. There shall be no grading, filling, excavation,
dredging, mining or drilling; no removal of topsoil, sand, gravel, 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.
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 claiming
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.
ARTICLE V. MISCELLANEOUS
A. Conservation Puroose.
(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 Harnett 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 and 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, Declarant has hereunto set his hand and seal, the day and year
first above written.
Sam Nemroff, President
Penn Wynne Homes, Inc.
Notary
PRE-CONSTRUCTION NOTIFICATION (PCN) APPLICATION FORM - APPENDIX G
APPENDIX G: STORMWATER MANAGEMENT
Penn Wynne Homes Wynne Creek Appendix G