20170626 Ver 1_NWP #3 #13 application package 17BP-10-C-1 revised 5-16-17_20170522

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'I'NW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rarionale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNV� AND ITS ADJACENT WETLANDS (IF AN17:
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 signifcant 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 [II.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 signiticant nexus exists is determined in Section III.0 below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Waicrshed s%zc: 3,285 square rnides
Dr�inage arE�: 0.0673 ��uare snifes
Average annual rainfall: 42.81 inches
Average annual snowfall: 6.4 inches
(ii) Physical Characteristics:
(a) 'Relationsl�ip wi[ii "I1VW:.
❑ Tributary flows directly into TNW.
� Tributary flows through � h-ibutaries before entering TNW.
Proje:ct waters ar� I0.15 ri�er mi�es firotn Ti�f W.
Project waters arc t(vr te5ff� ri���• mil�s irs�tn Rf'W.
Project waters E3r� t0-XS aL�r,ial (strai�;ht) miles frcam �"F�W.
Pmject waters are 1{ar Iess) aerial {5traigiaEJ mil[:s From Ri'W.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWS: Seasonal RPW Stream B flows to RPW Stream A(Waxhaw Creek) which flows to the
Catawba River.
° Note that the Inshuctional Guidebook contains additional information regarding swales, ditches, washes, and erosional features gene�ally and in the arid
West.
5 Flow route can be described by idenrifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.