20010016 Ver 2_Application_20080918

01-60`(pit o2
PAYII 711
r "CE
Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
9/17/2008
S&EC Project # 3616
To: US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: Thomas Brown
6508 Falls of the Neuse Rd., Suite 120
Raleigh, NC 27615
N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
From: James Dasher, Soil & Environmental Consultants, P.A.
Re: Riverwood Athletic Club, Phase 7 (Badger Pass, Phase 7a)
Johnston County, NC
On behalf of the owner, Fred Smith Co., please find attached a complete application and supplemental
information requesting written concurrence from the U.S. Army Corps of Engineers (USACE) and the N.C.
Division of Water Quality (DWQ) that the activities proposed below may proceed under Nationwide Permit
29 and the corresponding General Water Quality Certification. Please contact me at [phone] if you
have any questions or require additional information.
PROJECT SUMMARY
Project Name Riverwood Athletic Club
Project Type Residential
Owner / Applicant Fred Smith Jr.
County Johnston
Nearest Town Clayton
Waterbody Name UT to Neuse River
Basin / Sub-basin Neuse
Index Number 27-(36)
Class WS-V• NSW
USGS Cataloging Unit 03020201
IMPACT SUMMARY
Stream Impact (acres): 0.051 LF
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.051 AC
Total Stream Impact (linear feet): 189 LF
Attachments: U [R 0M =
PCN 03 L? ?!
Agent Authorization Form
USGS Vicinity Map S E P 1 8 2008
Soil Survey Vicinity Map
NWP 39 (USACE 199821098) DENR -WATER QUALITY
NC DWQ Authorization Letter (DWQ Project #010016) WETLANDS AND STORMWATER BRANCH
NC DWQ Buffer letter (NBR#05-0354) (2 pages)
NC EEP Acceptance renewal letter
To USACE only: JD Form for Feature A (7 pages) & accompanying pictures (5 pages)
Impact Map with Inset (2 pages - 8.5" x 11" & 11" x 17')
Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]
Office Use Only: Fonn Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information D 2
1. Owner/Applicant Information ZL S E P 1 8 2008
Name: Fred Smith Company OFNR-WATER QUAIITY
Mailing Address: 400 Riverwood Dr. WETLANDS AND STORMWATER BRANCH
Clayton, NC 27520
Telephone Number: [phone] Fax Number:
E-mail Address:
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: James Dasher
Company Affiliation:Soil and Environmental Consultants, PA
Mailing Address: 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: jdasher(&sandec.com
Page I of 8
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: Riverwood Athletic Club - Badger Pass (Phase 7a)
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 1770-04-4978
4. Location
County: Johnston Nearest Town: Clayton
Subdivision name (include phase/lot number): Riverwood Athletic Club - Badger Pass
Directions to site (include road numbers/names, landmarks, etc.): approximately 500 feet
northwest of Covered Bridge Road (SR 1700), approximately 2,500 feet southwest of the intersection
with Pritchard Road (SR 1714) and Medlin Road (SR 1715)
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): 35.6862 ON 078.4269 °W
6. Property size (acres): 26 acres total; 18.78 acres in phase 7A
7. Name of nearest receiving body of water: UT to Neuse River
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is forested, surrounded by residential, forested and
a4ricultural areas
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used: The overall
project is a residential subdivision with schools, a community center, shops, parks, and community
11. Explain the purpose of the proposed work: The current phases will complete the development,
and consist solely of additional residential lots with attendant roads, sidewalks, and community trails
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
The applicant requested a stream and wetland delineation prior to developing the initial site plan in order
to avoid and minimize impacts to jurisdictional waters and wetlands On February 17, 2001, the USACE
permitted one permanent stream crossing of 76 linear feet necessary to provide access to the property
and ten temporary impacts for perpendicular utility crossings under NWP 39 in USACE AID 199821098
(please see the attached NWP) NC DWQ had already authorized the associated buffer impacts in DWO
Project #010016 on January 17, 2001 (please see the attached authorization letter) Arrangements to
acquire the additional parcel were not completed until late 2005, at which time the applicant requested
additional stream and wetland delineation work NC DWQ conducted a Neuse buffer review on December
6. 2005. (Please see the attached buffer letter NBR# 05-0354, which was sent on March 22, 2007.)
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.
The Badger Pass area is the last area to be developed for the Riverwood Athletic Club No additional
permits are anticipated for the remainder of the project
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.
Page 3 of 8
1. Provide a written description of the proposed impacts: The applicant proposes a road
crossing to access an otherwise isolated portion of the site The applicant also proposes a 20'
temporary sanitary sewer crossing to tie into Town of Clayton sewer
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
cenarately list impacts clue 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
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) es/no linear feet
NA NA NA NA NA NA
Total Wetland Impact (acres) NA
3. List the total acreage (estimated) of all existing wetlands on the property: 0 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
mTnct he included To calculate acreage_ multinly length X width. then divide by 43.560.
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)
1 UT to Neuse Road crossing Perennial 10,
169
0.050
River
2 UT to Neuse Temporary Intermittent 2.5' 20 0.001
River sewer crossing
Total Stream Impact (by length and acreage) 189 0.051
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill -vowunt;nn in-dcrina flnndina drainave hnikheadc etc_
Open Water Impact Name of 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
NA NA NA NA NA
Total Open Water Impact (acres) NA
6. List the cumulative im act to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.051
Wetland Impact (acres): NA
Open Water Impact (acres): NA
Total Impact to Waters of the U.S. (acres) 0.051
Total Stream Impact (linear feet): 189
7. Isolated Waters
Page 4 of 8
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Current land use in the vicinity of the pond: NA
Size of watershed draining to pond: NA Expected pond surface area: NA
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.
Without the proposed road crossing, the applicant would not be able to access a significant portion of
the site. Although three streams exist on this 26 acre tract, only one road crossing is proposed Further,
the applicant selected a more circuitous route to tie into existing sewer in order to avoid multiple stream
crossings. Also, the extent of the channel impact has been reduced using retaining walls in order to keep
the fill slope barely wider than the width of the road crossing
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
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
Page 5 of 8
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, available at
http://h2o.enr.state.nc.us/ncwetlands/stn-ngide.html.
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.
The applicant proposes payment to NC EEP. Please see the attached acceptance letter from EEP.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.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): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
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 ?
Page 6 of 8
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 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ® No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multiDliers.
* Impact Required
Zone r " Multiplier „X,,,-.__
1 1 8,726 3 (2 for Catawba) 26,178 1
2 8,024 1.5 12,036
Total 16,750 NA
* 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.
The applicant will propose payment to EEP, for which authorization has already been obtained
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.
Total impervious area on this parcel is 19.11%. Please see the attached Impervious Area Exhibit (2
panes) for layout and calculations Because total impervious surface area is under 20%, a stormwater
plan review by NC DWQ is not required
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.
Page 7 of 8
The development connects to sanitary sewer facilities from the Town of Clayton
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No F;J
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:
We have reviewed the "DRAFT Internal Policy, Cumulative impacts and the 401 Water Quality
Certification and Isolated Wetland Programs" document prepared by the NC Division of Water Quality on
October 3. 2002, version 1.6. The draft states that most residential subdivisions are unlikely to cause
cumulative impacts. Badger Pass does not meet any of the three criteria of private projects that can
clearly result in cumulative impacts We anticipate that you will advise us if a qualitative or quantitative
impact analysis is required.
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).

Aoplicant/Agent's Signature Date
(Agent's ignature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh. North Carolina 27614 a Phone: [phone]Q + Fax: [phone]
www.SandSCA"M
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Landowner
Name: rx6h _ J Sa,??tt ??
Address: zldy Rl az WodD AL
C--t!t!e7 V 7 .s z o
Phone: 9/9. 560 - S -064-
Project Name/Description: b eo,l A. ,& J S&EC Project # 36 /!(o, W
Date:
LL/_J?
The Department of the Army
X S. Army Coxes of Engineers, Wilmington Distract
P.O. Box 1890
Wilmington, NC 28402
Attu
Field Office:
Re: Wetlands Related Consulting and Permittnng
To Whom It May Concern:
1, the current ]2Lqp-qM owner, hereby designate and authorize Soil & Environmental Consultants, PA to
act in my behalf as my agent in the processing of permit applications, to furnish upon request
su lemental information in support of applications, etc. from this day forward. The day of
This notification supersedes any previous correspondence corwerning the agent for this project.
NOTICE: This authorization, for liability and professiorW courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call S&EC
to arrange a site meeting prior to visiting the site.
4D 9- S.sr T ? i
Print Property Ownef s ame
cc. M.S. Cyndi Karoly cc: Mr. Jason Payne
NCDENR - DWQ Soil & Environmental Consultants, PA
2321 Crabtree Boulevard
Raleigh, NC 27W4
(.wotte Office:
236 LePhillip Court, Suite C 3817-5 Lawndale Ddve
Concord, NC 28025 reeaaboc+n, NC 27455
Ci
Phone [phone] Phone: [phone]
Fax: [phone] Fax: [phone]
Sep. 8. 2005 2:18PM FRED SMITH COMPANY No-2290 P. 2

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Project No. Scale:
Riverwo
Athletic Club • Soil & Environmental Consultants, PA
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Johnston County
NC 11010 Raven Ridge Rd.- Raleigh, NC 27614
, [phone] - [phone]
-- - Web Page: www.SandEC.com
Project Mgr.: 11/05/07 Prepared by:
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ctNo. Figure 2 - Soil Survey Map
O'neil Property Soil & Environmental Consultants, PA
Project Mgr.: Fred Smith Co. 11010 Raven Ridge Rd.- Raleigh, NC 27614
Jason Payne Johnston Co, NC [phone] - [phone]
Web Page: www.SandEC.com
Scale:
1" = 2,000'
08/09/05 Johnston County Soil Survey
Sheet 1

U.S. ARMY CORPS OF ENGINEERS
Action ID: 199821098
County:
copy
ICAT169 - 8 2001
%i
GENERAL PERMIT (REGIONAL AND NATIONWIDE)
Property
Owner Riverwood on the Neuse, LLC
Address 400 Riverwood Drive
_ Clayton NC 27520
Telephone Number 919-550-8086
Authorized
Agent Soil & EnvironmorisuTtanfs; Inc-"-""
Attn: Jim Cooper
Address 1 10 1 ORaven Ridge Road
Raleigh, NC 27614
Telephone Number 919-846-5900
Size and Location of Property (waterbody, Highway name/number, town, etc.): The property is
approximately 320 acres in size and is located west of the intersection of SR 1700 and SR 1714, north of
Clayton, North Carolina. The site is adjacent to the Neuse River and several of its tributaries, above and
below headwaters.
Description of Activity: This permit authorizes mechanized landclearing, excavation, installation of
culverts and utility lines, and the placement of fill associated with the construction of Riverwood on the
Neuse Subdivision. Permanent impacts to wetlands and waters authorized by this permit include 0.045
acre and 76 linear feet of stream channel for the crossing of Payton Drive. Temporary impacts include
0.0466 acre and 400 linear feet of stream channel for utility line crossings. Total impacts for this permit
are 0.0921 acre and 476 linear feet of stream channel.
Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Authorization: Regional General Permit Number
39 Nationwide Permit Number
Any violation of the conditions of the Regional General or Nationwide Permit referenced above may
subject the permittee to a stop work order, a restoration order, and/or appropriate legal action.
This Department of the Army Regional General Permit or Nationwide Permit verification does not
relieve the permittee of the responsibility to obtain any other required Federal, State, or local
approvals/permits. The permittee may need to contact appropriate State and local agencies before
beginning work. If you have any questions regarding the Corps of Engineers regulatory program,
please contact Todd Tugwell at telephone number (919) 876 - 8441 extension 26
Regulatory Project Manager Signature
Authorization Date February 17, 2001 * Expiration Date February 17, 2003
* Please note that above date reflects the day the work was authorized due to lapse of 45-day review as
outlined in the PCN notification requirements - see Condition 13, 65 Fed.Reg. 12893 (March 9, 2000).
Wilmington District
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED
TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
State of North Carolina
Department of Envi
and Natural Resour
Division of Water Quali
JAN 2 2 ?poi
Michael F. Easley, Go
Sherri Evans-Stanton, Acting Secretary
Kerr T. Stevens, Director
CDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
January 17, 2001
Johnston County
DWQ Project # 010016
APPROVAL OF 401 Water Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer Rules
Riverwood on the Neuse, LLC
400 Riverwood Drive
Clayton, NC 27520
Dear Sirs:
You have our approval, in accordance with the attached conditions and those listed below, to fill 0.1 acres of wetlands and to impact
76 linear feet of stream channel and the associated riparian buffers in Johnston County for the purpose of road crossing and sewer line
crossing construction, as you described in your application received by the Division of Water Quality on January 4, 2001. After reviewing
your application, we have decided that this action is covered by General Water Quality Certification Numbers 3288 and 3287. This
certification allows you to use Nationwide Permit Numbers 12 and 39 when the Corps of Engineers issues them. This approval is also valid
for the Neuse Buffer Rules (15A NCAC 2B .0233). In addition, you should get any other federal, state or local permits before you go ahead
with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply
Water shed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the
General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your project, you must
notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or
in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this
approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and waters or areas within 50 feet of
all streams and ponds to notify the state in order to assure compliance for future wetland and/or water impact. These mechanisms shall
be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later).
2. Stormwater shall be directed to flow at non-erosive velocities across the entire protected stream buffers.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days
of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 1508 of the North Carolina
General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions, please telephone John Domey at 919-733-9646.
S' rel
teve
Attachment
cc: Corps of Engineers Raleigh Feld Office
Raleigh DWQ Regional Office
Soil and Environmental Consultants Inc, 11010 Raven Ridge Road, Raleigh, NC 27614
File Copy
Central Files 010016
Division of Water Quality - Non-Discharge Branch
1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer - 509/6 recycled/10% post consumer paper
http://h2o.enr.state.nc.us/Wetiandc.htmi
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O -C
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 22, 2007
S&EC If l?
11010 Raven Ridge Road MM
Raleigh, NC 27614
Attn: James Dasher By: So_l 6 LIKIpliyelt 1 Gu!rsultants, R
NBR# 05-0354
Johnston County
BASIN:
Neuse River X Tar-Pamlico
(15A NCAC 2B .0233) (15A NCAC 2B .0259)
Complaint NOV Buffer Determination X
Incident # Appeal Call
Project Name: O'Neil Tract (S & EC Project # 3616.w1)
Location/Directions: located 500 ft. northwest of Covered Bridge Road (SR 1700) and approximately 2500 feet
southwest of the intersection with Pritchard Road (SR 1714) and Medlin Road (SR 1715)
Subject Stream: UT to Neuse River
Date of Determination: 12/6/05
Feature(s) Not Subject Start @ Stop@ Stream Soil USGS
Subject Form Pts. Survey Topo
A X Through X X
property
B X Through X
property
C X Through X
property
D X S-01A X
Explanation: The feature(s) listed. above has or have been located on the Soil Survey of Johnston County, North
Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked
"Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked
"Subject' have been located on the property and possess characteristics that qualify it to be a stream. There may be
other streams other streams located on your property that do not show up on the maps referenced above but, still
maybe considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water
Quality.
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water
exists and that it is subject to the buffer rule may request a determination by the Director. A request for a Nom` Caro 'na
determination by the Director shall be referred to the Director in writing c/o Cyndi Karoly , DWQ ?tural?
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection
Internet h2o.erx.state.naus 1628 Mail Service Center Raleigh, NC 27699-1628
Phone [phone] Customer Service
FAX [phone]
An Equal Opportunity/Affirmative Ad ion Employer- 50% Recycled/1 0% Post Consumer Paper
O'Neil Tract S &EC 3616.w1
Johnston County
3/22/2007
Page 2 of 2
Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination
by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for
an ad judicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are
hereby notified that the 60-day statutory appeal time does not start until the affected party (including
downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant
conduct this notification In order to be certain that third party appeals are made in a timely manner. To ask
for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
determination is final and binding unless you ask for a hearing within 60 days.
The (owner/future owners) should notify the Division of Water Quality (including any other Local, State,
and Federal Agencies) of this decision concerning any future correspondences regarding the subject property
(stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries
should be directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Army
Corp of Engineers (Raleigh Regulatory Field Office) at (919)-876-8441.
Respectfully,
Michael Horan
Environmental Spec. I
CC: Shandra Coats-. Johnston County Government, P.O. Box 1049, Smithfield, NC 27577
Jamie Shern-US Army Corps of Engineers, Raleigh Regulatory Office
Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
File Copy
Central Files
twa Caro ina
mnvvly
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% RecydoW10% Post Consumer Paper
'I*--
I-tf osystem
PROGRAM
May 16, 2008
Jake Austin
Fred Smith Co.
400 Riverwood Dr.
Clayton, NC 27520 Expiration of Acceptance: November 16, 2008
Project: Badger Pass County: Johnston
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River
Basin CU
Location Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impacts Neuse 03020201 0 0 243 0 0 0 8,726 8,025
Credits Neuse 03020201 0 0 486 0 0 0 26,178 12,037.50
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the
U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Valerie Mitchener at [phone].
Sincerely,
William . Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Thomas Brown, USACE-Raleigh
Lauren Witherspoon, NCDWQ-Raleigh
James Dasher, agent
File
K"toring... ... PYD tt?Gtl?2? Du,Y Sta g
FC ETNR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
0069-9,9-616
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JD MM BADGER PASS - PHASE 7A JOHNSTON CO., NC
Date:09IMS RIVERWOOD ATHLETIC CLUB
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7042
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11010 Raven Ridge Rd.
Raleigh, NC 27614
919-846-5900
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: proposed crossing of Feature A, Riverwood Athletic Club -
Badger Pass (Phase 7a); previous AID on an earlier phase: 199821098
State:NC County/parish/borough: Johnston City: Clayton
Center coordinates of site (lat/long in degree decimal format): Lat. 35.6862° N, Long. 078.4269° W.
Universal Transverse Mercator:
Name of nearest waterbody: UT to Neuse River
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Neuse River
Name of watershed or Hydrologic Unit Code (HUC): 03020201
ED 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 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
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Q Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
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: 700 linear feet: 2-10' width (ft) and/or acres.
Wetlands: 0 acres.
c. Limits (boundaries) of jurisdiction based on: Established by OHWM.
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable) :3
Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
' Boxes checked below shall be supported by completing the appropriate sections in Section III below.
z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentation is presented in Section III.F.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.1.; otherwise, see Section III.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: >26acres
Drainage area: >26 acres
Average annual rainfall: 48 inches
Average annual snowfall: 2 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 1-2 river miles from TNW.
Project waters are Pick List river miles from RPW.
Project waters are 1 (or less) 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: Feature A is a UT to the Neuse River.
Tributary stream order, if known: 2nd.
4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
s Flow route can be 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: 5 feet
Average depth: 0.25 feet
Average side slopes: 2:1.
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: Stable.
Presence of run/riffle/pool complexes. Explain: Riffle-pool complexes are present.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 2-4 %
(c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flow events in review area/year: Pick List
Describe flow regime: Perennial.
Other information on duration and volume:
Surface flow is: Confined. Characteristics: Stable stream.
Subsurface flow: Unknown. Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
® OHWM6 (check all indicators that apply):
® clear, natural line impressed on the bank ?
? changes in the character of soil ?
® shelving
® vegetation matted down, bent, or absent ?
® leaf litter disturbed or washed away ?
? sediment deposition ?
? water staining ?
? other (list):
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
? Discontinuous OHWM.7 Explain:
If factors other than the OHWM were used to determ
High Tide Line indicated by:
? oil or scum line along shore objects
? fine shell or debris deposits (foreshore)
? physical markings/characteristics
? tidal gauges
? other (list):
me 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:
'A 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 acres
Wetland type. Explain: Wetlands do not exist in the evaluated area.
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: Unknown. Explain findings:
? Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
? Directly abutting
? Not directly abutting
? Discrete wetland hydrologic connection. Explain:
? Ecological connection. Explain:
? Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are 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 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 ( NA ) 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? (YIN) Size (in acres)
NA
Summarize overall biological, chemical and physical functions being performed: NA.
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:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
? TNWs: linear feet width (ft), Or, acres.
? Wetlands adjacent to TNWs: acres.
RPWs that flow directly or indirectly into TNWs.
10 Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: Consultant has visited site on multiple occasions and observed water flowing in tributary throughout the
year..
Q Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: 700 linear feet 2-10' 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:
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 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: acres.
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.
Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
? Demonstrate that impoundment was created from "waters of the U.S.," or
? Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):to
? which are or could be used by interstate or foreign travelers for recreational or other purposes.
? from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
? which are or could be used for industrial purposes by industries in interstate commerce.
? Interstate isolated waters. Explain:
? Other factors. Explain:
8See Footnote # 3.
9 To complete the analysis refer to the key in Section IILD.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:
? 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.
ED U.S. Geological Survey map(s). Cite scale & quad name: 1:24K Clayton Quadrangle.
® USDA Natural Resources Conservation Service Soil Survey. Citation: Johnston County, NC, Sheet 1.
? National wetlands inventory map(s). Cite name:
? State/Local wetland inventory map(s):
? FEMA/FIRM maps:
? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: ? Aerial (Name & Date):
or ® Other (Name & Date): consultant photographs taken on Saturday, 11 August 2007.
? Previous determination(s). File no. and date of response letter:
? Applicable/supporting case law:
? Applicable/supporting scientific literature:
® Other information (please specify): Confirmation by NC DWQ..
B. ADDITIONAL COMMENTS TO SUPPORT JD:
Appendix A
Stream Photos
11 August 2007

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Figure 1- East bank of Feature A at confluence with Feature D
Midpoint of evaluation is approximately 275' below the proposed crossing.
Figure 2- Depositional bar sloping to east bank of Feature A/north bank of feature D
(275' below the proposed crossing).
Riverwood Athletic Club Soil & Environmental Consultants, PA
Badger Pass Phase 7a S&EC Job # 3616.W1
Proposed crossing area
Appendix A
Stream Photos
1 1 August 2007
Figure 4- The meander at the midpoint of the evaluation reach. This view faces
north, upstream toward the proposed stream crossing.
Riverwood Athletic Club
Badger Pass-Phase 7a
Proposed crossing area
Soil & Environmental Consultants, PA
S&EC Job # 3616.W1
Figure 3-East bank of feature A, upslope of confluence with Feature D.
Proposed crossing is approximately 275' north/upstream.
Appendix A
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Stream Photos
I 1 August 2007
Figure 5 Another upstream view, from the west bank of Feature A, providing a better
view upstream. Slope on west bank is representative of channel slope above confluence.
Figure 6- A closer view of the channel and the side slope.
View is from west bank, facing upstream.
Riverwood Athletic Club Soil & Environmental Consultants, PA
Badger Pass-Phase 7a S&EC Job # 3616MI
Proposed crossing area
Appendix A
Stream Photos
11 August 2007
Figure 8- Below the confluence, facing south, downstream along the direction of
flow.
Riverwood Athletic Club
Badger Pass-Phase 7a
Proposed crossing area
Soil & Environmental Consultants, PA
S&EC Job # 3616.w1
Figure 7 - Confluence of Feature A with Feature D.
View is facing south, in direction of flow.
Appendix A
Stream Photos
11 August 2007
Figure 9A view downstream from the west bank.
Riverwood Athletic Club Soil & Environmental Consultants, PA
Badger Pass-Phase 7a S&EC Job # 3616.W 1
Proposed crossing area
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