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HomeMy WebLinkAbout20181110 Ver 1_401 Application_20180818July 13, 2018 NC Division of Water Quality Attn: Jennifer Burdette 1650 Mail Service Center Raleigh, NC 27699-1650 ARM vR-fEs, COPY 2 0 1 8 1 1 1 0 RE: Jeff Riecken, Batson Road, NCPIN; 4224-47-0237-0000 Pender County, North Carolina Ms. Burdette, Geothermal, Environmental, & Well Drilling nCC�G�a[ Ailf, 0 8 2018 In an effort to further clarify the intent to construct a driveway and parking pad at the above referenced location, please find enclosed the following documents for your review; Project Narrative Letter Preliminary Jurisdictional Determination Form Wetland Determination Data Forms -Coastal Plain Pre -Construction Notification Form Figure 1: Riecken Batson Road — Site Vicinity Figure 2: Parcel ID 4224-47-0237-0000 — Proposed Impact site plan If you have any questions, please do not hesitate to contact our office at (910) 270-2919. Sincerely, Geneung, Environ Scientist Applied Keoouroe Management, 11C F 0. Box 882, 257 Transfer Station (toad, Hampstead, NC 28443, 910.270.2919, Fax 910.270.2988 July 13, 2018 NC Division of Water Quality Attn: Jennifer Burdette 1650 Mail Service Center Raleigh, NC 27699-1650 RE: Project Narrative Riecken, Batson Road Dear Ms. Burdette: Geothermal, Environmental, & Well Drilling On behalf of Jeff Riecken (a prospective buyer for the above noted property) , Applied Resources Management, P.C. is providing you with a project narrative for the above referenced site. The project is located along Batson Road near Surf City in Pender County. The property is approximately 0.54 acres. In order to construct a driveway and parking pad for a home, fill material will be needed in a small portion of the noted wetlands; therefore a Nationwide Permit 29 is being sought. The proposed project consists of construction of a driveway and parking pad for a small home. The site is permitted for a wastewater system that impacts driveway and home location. The wetland areas appears to extend the entire width of the property and thus make this minimal impact necessary to construct the home and driveway. The impact is expected to be approximately 0.05 acres. This wetland impact has been minimized by reducing the footprint of the driveway and parking area to a minimal extent in an attempt to allow for surface flow through the wetland area. Furthermore, fill is only being proposed for driveway and parking purposes only, no fill is proposed for lot fill. Also, the remainder of the home and all decks are proposed to be on pilings and/or cantilevered over wetland areas. If you have any questions or require any additional information, please feel free to contact me at (910) 270-2919. Sincerely, Gene o ng, R S Environme cientist Applied Ke5ource Management, PC f'. 0. 13ox 882, 257 Transfer Station Road, Hampstead, NC 28443, 910.270.2919, Fax 910.270.2988 Jurisdictional Determination Request US Army Corps of Engineers Alflamgtrin Gl lt,d This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: hqp•//www saw usace army mil/Missions/Re"iatoryPermitprojzram/Contact/CountyLocator aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 INSTRUCTIONS: WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page 1 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: Batson RD City, State: County: Surf C Pender Parcel Index Number(s) (PIN): , NC 4224-47-0237-0000 B. REQUESTOR INFORMATION Name: Gene Younq, ARM Mailing Address: 257 Transfer Station RD Hampstead, NC 28443 Telephone Number: 910-617-4914 Electronic Mail Address: gene@armnc.com Select one: 1-1 I am the current property owner. ZI am an Authorized Agent or Environmental Consultant' Interested Buyer or Under Contract to Purchase F] Other, please explain. authorized agent for buyer C. PROPERTY OWNER INFORMATION Name: Ann English / Jeff Riecken-Buyer Mailing Address: 377 Batson RD/ 145 Edgewood Ave Hampstead, NC / Concord, NC Telephone Number: Electronic Mail Address: ' Must provide completed Agent Authorization Form/Letter. '- Documentation of ownership also needs tobe provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Iuris(licti(,nal DetertninatiOn Request 1). 1'ItO1'I?It•I V ACCESS CERTIFICATION"' Ili sif 11111y, hclow, I awhoriic representatives of the Wilmington District. U.S. Army Corps of I livincers Wool)") to enter upon tl►c prt)perty herein described for the purpose of conducting on- stlr nt�cstiE,ati(als, if necessary, and issuing; a jurisdictional determination pursuant to Section •Ito ol'the ( Ican Water Act and/or Section 10 of the (livers and Harbors Act of 1899. 1, the III Jcr.Iyflcd, at either a duly authorized owner oI'record of the property identified herein, or actino a the duly authorised agent of the owner of record of the property. Print 14- Ic (apac i v : ( )w ner ❑ Authorised Agents Date tiiE,nal ore E. RP ASON Olt J REQUEST: (Check as many as applicable) QI intend to construct/develop a project or perform activities on this parcel which would be , elv,ncd to avoid 311 aquatic resources. I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. RI intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize imp is to jurisdictional aquatic resources and as an initial step in a future permitting rt 'ess. I intend to construct/develop a proiect or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. R1 intend to construct/develop a project or perform activities in a navigable water of the Ii.S. which is included on the district Section IU list and/or is subject to the ebb and flow of the tide. 8 A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. I believe that the site may he comprised entirely of dry land. Other: I or NCDO 1 retqucsts following the current N('DO1Yt.ISAUE' protocols, skip to Pan E. 11 there are tnuluple rximeN owned by dillerent parties, plea. provide the following for each additional parcel on a e(putinutltinn 4.hect. s Must provide spent autlu)rinition form/letter si.vnvd by nwnMe.). Versl+in, May 1017 Page 3 w Date: To Whom It May Concern: RE: Agent and Access Authorization Letter I authorize Gene Young or any employee of Applied Resource Management, PC to act as an agent on my behalf in all matters dealing with wetland Jurisdictional Determinations, reviews or permitting. I furthermore authorize the US Army Corps of Engineers and/or the North Carolina Division of Water Resources representative(s) to access my property as part of this process. Since ly, l Name�� ed/�/ 1?1.e6 Iif Property Address: 0 F'19- ` Om -p P/A) V7 2-q- 417- oz37-DD BK 4668 PG 1640 -1642 (3) DOC# 20038886 This Document eRecorded: 07/12/2018 09:37:50 AM Fee: $26.00 DocType: DEED Tax: $150.00 Pender County, North Carolina Sharon Lear Willoughby, Register of Deeds Excise Tax: $ 150.00 Parcel ID No: 4224-47-0237-0000 This instrument Prepared by & Returned to: Ray C. Blackburn, Jr., Attorney at Law, PO Box 895, Hampstead, NC 28443.The preparer of this instrument has made no examination of the record title to the property conveyed unless shown by his written and signed certificate herein and renders no opinion on title nor has preparer of this instrument rendered any advice regarding any tax matters affecting the lands transferred hereby. STATE OF NORTH CAROLINA COUNTY OF PENDER GENERAL WARRANTY DEED THIS DEED, made this 141day of July 2018, by and between, ANN B. ENGLISH, WIDOW, by and thru her attorney in fact M. DAVID ENGLISH (Hereinafter called "Grantor"), and JEFFREY LEE RIECKEN II, and wife AMY MARIE RIECKEN (Hereinafter called "Grantee"). Whose mailing address is:JY6 e&3azxjj,�, The designation Grantor and Grantee as used herein shall inc ude said parties, their heir , successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: NOW THEREFORE, GRANTOR, for valuable consideration paid by the GRANTEE, receipt of which is hereby acknowledged, has bargained and sold, and by these presents does hereby bargain, grant, sell and convey unto GRANTEE in fee simple, the below described tract or parcel of land located in Pender County, North Carolina and being more particularly described as follows: SEE ATTACHED EXHIBIT `°A" property hereinabove described was acquired by Grantor by instrument recorded In Book 610 at Page 209, Pender County Registry. This Property is _.�/is not the Grantors primary residence submitted electronically by "tray C. Blackburn, Jr. Attorney at Law" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Pender county Register of Deeds. Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) ❑✓ I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. ❑ I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). ❑ I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS ❑✓ Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. ✓❑ Size of Property or Review Area 0.54 acres. ❑ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS 17 Project Coordinates (Decimal Degrees): Latitude: 34.4213 Longitude: -77.5938 0 A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 11x17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).' ■ North Arrow ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ■ Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: ■ Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. QCompleted Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. hgR://www.saw.usace.anny.miVMissions/Re lato!X-Permit- Program/Jurisdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request NNW ✓❑ Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form and include the Aquatic Resource Table • AJDs• please complete an Approved Jurisdictional Determination Form' Vicinity Map Aerial Photograph F] USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) F] Landscape Photos (if taken) F] NCSAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms Other Assessment Forms www.saw.usace.army.miVPortals/59/docs/re ul_ atory/regdocs/JD/RGL 08-02 App A Prelim JD Form fillable pdf ' Please see hn://www.saw.usace.anny.miUMissions/Re ug latory-Permit-Prozram/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 Appendix 1 - REQUEST FOR CORPS JURISDICTIONAL DETERMINATION WD) To: District Name Here • I am requesting a JD on property located at: Batson Road (Street Address) City/Township/Parish: Surf Clty County: Pander State: NC Acreage of Parcel/Review Area for JD: o.ea Section: Township: Range: Latitude (decimal degrees): 34.4213 Longitude (decimal degrees): -77.5938 (For linear projects, please include the center point of the proposed alignment.) • Please attach a survey/plat map and vicinity map identifying location and review area for the JD. • �Icurrently own this property. _ I plan to purchase this property. ✓ I am an agent/consultant acting on behalf of the requestor. =Other (please explain): • Reason for request: (check as many as applicable) = I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. Q I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. 01 intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional =aquatic resources and as an initial step in a future permitting process. ✓ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. D I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. �A Corps JD is required in order to obtain my local/state authorization. [� I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that urisdiction does/does not exist over the aquatic resource on the parcel. I believe that the site may be comprised entirely of dry land. Other: • Type of determination being requested: I am requesting an approved JD. ✓ I am requesting a preliminary JD. I am requesting a "no permit required" letter as I believe my proposed activity is not regulated. I am unclear as to which JD I would like to request and require additional information to inform my decision. By signing below, you are indicating that you have the authority, or are acting as the duly authorized agent of a person or entity with such authority, to and do hereby grant Corps personnel right of entry to legally access the site if needed to perform the JD. Your signature shall be an affirmation that you possess the requisite property rights to request a JD on the subject property. �— *Signature: • Typed or printed nam Young, REHS Company name: Applied Resource Management Address: 257 Transfer Station RD Hampstead, NC Daytime phone no.: 91as17.4914 Email address: gene®amnc.com Date: 41 SI It "Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research, and Sanctuaries Act, Section 103, 33 USC 1413; Regulatory Program of the U.S. Army Corps of Engineers; Final Rule for 33 CFR Parts 320-332, Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USACE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Appendix 2 -PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM A. REPORT COMPLETION DATE FOR PJD: B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Gene Young, REHS C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: City: Center coordinates of site (lat/long in degree decimal format): Lat.: 34.4213 Long.: -77.5938 Universal Transverse Mercator: Name of nearest waterbody: Virginia Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 101404) 1 34.4213 -77.5938 0.4 wetland 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: ❑ Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ 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: ❑ Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) 0 Photographs: Fn� Aerial (Name & Date): Pender County GIS tax map or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory staff member completing PJD J Signatu d dat of person req esti PJD (REQUIRED, unless obtaining the signature is impracticable)' I Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. 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: State: County/parish/borough: Pender City: Surf City, NC Center coordinates of site (lat/long in degree decimal format): Lat. 34.4213° N, Long. -77.5938° W. Universal Transverse Mercator: Name of nearest waterbody: Virginia Creek Name of nearest Traditional Navigable Water (TN W) into which the aquatic resource flows: Virginia Creek Name of watershed or Hydrologic Unit Code (HUC): 03030001 ❑ 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 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 ❑ 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: 0.4 acres. c. Limits (boundaries) of jurisdiction based on: Pick List Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):' ❑ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: ' Boxes checked below shall be supported by completing the appropriate sections in Section III below. ' For purposes of this form, an RPW is defined as a tributary that is not a TN W 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.I. 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 111.11 below. 1. TNW Identify TNW: Virginia Creek. Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent': wetland is adjacent to coastal wetland leading to Virginia Creek. 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.0 below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Pick List Drainage area: Pick List Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ❑ Tributary flows through Pick List tributaries before entering TNW. Project waters are Pick List river miles from TNW. Project waters are Pick List river miles from RPW. Project waters are Pick List aerial (straight) miles from TNW. Project waters are Pick List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNW5: . 'Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. (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: Wetland surface water releases at higher rain events. Wetlands flow into the culvert and then into the tributary. Surface flow is: Pick List Characteristics: Subsurface flow: Pick List. Explain findings: ❑ Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: ❑ Separated 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. ExplainTorested/ 100% cover. ❑ 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. Tributary stream order, if known: (b) General Tributary Characteristics (check all that apply): Tributary is: ❑ Natural ❑ Artificial (man-made). Explain: ❑ Manipulated (man -altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: 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 ofrun/rif%le/pool complexes. Explain: Tributary geometry: Pick List Tributary gradient (approximate average slope): % (c) Flow: Tributary provides for: Pick List Estimate average number of flow events in review area/year: Pick List Describe flow regime: Other information on duration and volume: Surface flow is: Pick List. Characteristics: Subsurface flow: Pick List. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all 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): ❑ 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: '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. For each wetland, specify the following: Directly abuts? (YM) 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: 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 IIID: 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 I1I.1): 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: 0.4acres. 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. ❑ 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 1II.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. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW 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.' 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):10 ❑ which are or could be used by interstate or foreign travelers for recreational or other purposes. ❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ❑ which are or could be used for industrial purposes by industries in interstate commerce. ❑ Interstate isolated waters. Explain: ❑ Other factors. Explain: sSee Footnote # 3. To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. "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 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: ❑ USDA Natural Resources Conservation Service Soil Survey. Citation: ❑ 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):Pender County GIS Tax Map. or ❑ Other (Name & Date): Site photographs. ❑ 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: included in case file and, where checked OAC � WA 7�90� 1 MOROMMWAt, o -� Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps:X❑ Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes 0 No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit 0 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: 0 Yes ❑ No For the record only for Corps Permit: ❑ Yes No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes Na 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. 0 Yes ❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes 0 No 2. Project Information 2a. Name of project: Riecken site, Batson RD 2b. County: Pender 2c. Nearest municipality / town: Surf City 2d. Subdivision name: Virginia Creek 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Ann English 3b. Deed Book and Page No. 687/264 3c. Responsible Party (for LLC if applicable): 3d. Street address: 377 Batson Road 3e. City, state, zip: Hampstead, NC 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ AgentX❑ Other, specify: potential buyer 4b. Name: Jeff Riecken 4c. Business name (if applicable): 4d. Street address: 145 Edgewood Ave 4e. City, state, zip: Concord, NC 28025 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Gene Young, REHS 5b. Business name (if applicable): Applied Resource Management 5c. Street address: 257 Transfer Station RD 5d. City, state, zip: Hampstead, NC 28443 5e. Telephone no.: 910-617-4914 5f. Fax no.: 5g. Email address: gene@armnc.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): 4224-47-0237-0000 1b. Site coordinates (in decimal degrees): Latitude: 34.4213 Longitude: -77.5938 1 c. Property size: 0.54 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Virginia Creek 2b. Water Quality Classification of nearest receiving water: SA 2c. River basin: new river 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The current conditions of this site is a vacant building lot in an existing subdivision. The area land use is residential. 3b. List the total estimated acreage of all existing wetlands on the property: 0.4 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3d. Explain the purpose of the proposed project: The purpose is to allow a small impact for the construction of a parking pad and a portion of the house pad. 3e. Describe the overall project in detail, including the type of equipment to be used: Fill impact is proposed for approximately 0.05 acres to allow for a parking pad and a portion of the house foundation. Typical construction equipment st 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project(including all priorphases) in thepast? ❑ Yes ❑ No ❑X Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑Preliminary Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑Yes ❑ No ❑X Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑X No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): © Wetlands ❑ Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Seep No Corps 0.05 W2 - Choose one Choose one Yes/No W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 0.05 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 - Choose one S2 - Choose one S3 - Choose one S4 - Choose one S5 - Choose one - S6 - Choose one - - 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Tem ora 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water Impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet 131 - Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The project shows minimization by not filling the entire house foundation area. This should allow for surface flow of wetland areas further upslope. Additionally, the house is to be built on pilings to minimize impact. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction of the home, and parking of equipment shall be completed from upland areas as much as possible. Any equipment entering wetland areas shall use construction mats to minimize impact. 2. Compensatory Miti ation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes ❑X No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this ❑ Mitigation bank ❑ Payment to in -lieu fee programproject? ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete If Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete If Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes ❑X No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d, Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑X No within one of the NC Ri avian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 20 2b. Does this project require a Stormwater Management Plan? ❑ Yes No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: the impervious percentage is below the threshold as shown in the PCN guidance document 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? ❑ Phase II 3b. Which of the following locally -implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑Yes ❑ No attached? 4. DWQ Stormwater Program Review ZCoastal counties ❑HQW 4a. Which of the following state -implemented stormwater management programs applyH ORW (check all that apply): Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X No attached? 6. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ❑X No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State El Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑Yes ©No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑Yes Q No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes Q No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. 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 site is to be serviced by an on-site wastewater system. A permit application has been submitted and has been approved by Pender County. Page 9 of 10 PCN Form — Version 1.4 January 2009 6. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ©Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ©Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. - website 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC Natural heritage website 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑X Yes ❑ No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? The site is adjacent to Virginia Creek. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes X❑ No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? HPOWEB website 8. Flood Zone Designation (Corps Requirement) —T— 8a. Will this project occur in a FEMA -designated 100 -year floodplain? 0 Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: Construction will meet all applicable building laws 8c. What source(s) did you use to make the floodplain determination? pander county GIS tax map Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 7 ,: .1 Subject Property Wetland boundary fl ti, cap;IT L-1 . Watts sloop, Point Map adapted from USGS Topographic Map "Holly Ridge, NC 2016" Riecken- Batson Road FIGURE: Applied Site Vicinity Management, E. C. JOB: - SCALE: DATE: - DRAWN BY: H..am��d W2e,;W3 18156 V= 500' 7/13/18 GY System Specifications: 3 Bedroom residence; 360 gal/day LTAR 0.8 Initial: 1000 gallon septic tank (ST) 1000 gallon re -circulation tank (RT) 1000 gallon pump tank (PT) 450 Sq. Ft. Aerobic drip system with TS -II Pre-treatment 225 Ln. Ft. Drip tubing required 20'x 22.5' Drip area shown Install drip tubing 6" into soil Repair: Exempt; Lot platted in 1963 Note: Proposal assumes installation of proposed upslope interceptor drain 23 May 2018 Preliminary Wetland Area: wetland area has not been surveyed or reviewed by US Army Corps and thus is to be considered preliminary and approximate Proposed Fill Impact Area '\\' (0.04 acres approximate) - ----- Proposed Interceptor Drain Solid PVC Outlet Pipe Map adapted from Pender County GIS Tax Map I O Soil Boring Locaiton (approximate) WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/Site: Riecken- Batson RD City/County: Pender Sampling Date: July 13, 2018 Applicant/Owner: Riecken (buyer) State: NC Sampling Point: wetland Investigator(s): Gene Young, RS-A.R.M. Section, Township, Range: Surf City NC Landform (hillslope, terrace, etc.): Side slope Local relief (concave, convex, none): Linear Slope (%): 20% Subregion (LRR or MLRA): LRR T Lat: 34.4213N Long: -77.5938W Datum: Soil Map Unit Name: Marven -Craven NCWAM classification: seep Are climatic / hydrologic conditions on the site typical for this time of year? Yes x No (If no,explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes x No_ Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations. transects. important features. etc. Hydrophytic Vegetation Present? Yes X No Hydric Soil Present? Yes X No Is the Sampled Area Wetland Hydrology Present? Yes X No within a Wetland? Yes X No Remarks: This does appear to be a wetland. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators fminimum of one is re uired6 check all that apply) _ Surface Soil Cracks (136) X Surface Water (A1) _ Water -Stained Leaves (139) r Sparsely Vegetated Concave Surface (B8) High Water Table (A2) _ Aquatic Fauna (B13) _ Drainage Patterns (610) x Saturation (A3) _ Marl Deposits (B15)(LRR U) _ Moss Trim Lines (B16) Water Marks (B1) ! Hydrogen Sulfide Odor (C1) , Dry -Season Water Table (C2) _ Sediment Deposits (132) _ Oxidized Rhizospheres on Living Roots _ Crayfish Burrows (C8) (C3) Drift Deposits (63) _ Presence of Reduced Iron (C4) _ Saturation Visible on Aerial Imagery (C9) Algal Mat or Crust (64) _ Recent Iron Reduction in Tilled Soils (C6) _ Geomorphic Position (D2) Iron Deposits (135) ` Thin Muck Surface (C7) _ Shallow Aquitard (D3) Inundation Visible on Aerial Imagery ,_, Other (Explain in Remarks) x FAC -Neutral Test (135) (B7) Observations: Water Present? Yes x No X Depth (inches):.<1" Table Present? Yes x No Depth (inches): 0" i Present? Yes x No_ Depth (inches):0"I Wetland Hydrology Present? Yes x No capillary fringe) Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), If available: Tree Stratum (Plot size: 30' ) 1. Willow (Salix nigra) Absolute % Cover Dominant Species? Indicator Status Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 5 (A) Total Number of Dominant Species Across All Strata: 5 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 100 (A/B) 5 Y Obl 2. 3. 4. 5. 6 — _ Cover 7. 5 Sapling Stratum (Plot size: 30' ) 1 = Total Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x2= FAC species x3= FACU species x4= UPL species x5= Column Totals: (A) (B) Prevalence Index = B/A = 2. 3. 4• 5• 6. 7. Shrub Stratum (Plot size: 30' ) 1. Willow (Salix nigra) 10 = Total Y Cover ON 2. 3• Hydrophytic Vegetation Indicators: Dominance Test is >50% Prevalence Index is s3.0' Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must 4 5. 6. 7 Herb Stratum (Plot size: 30' ) 1. Mixed grasses 30 = Total Y N Cover FAC Definitions of Vegetation Strata: Tree — Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and 3 in.(7.6 cm) or larger in diameter at breast height (DBH). Sapling — Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. Shrub — Woody plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. Herb — All herbaceous (non -woody) plants, including herbaceous vines, regardless of size. Includes woody plants, except woody vines, less than approximately 3 ft (1 m) in height. Woody vine — All woody vines, regardless of height. 2.Virainia creeper (Parthenocissus guinguefolia) 10 FAC 3. Rush Ouncus spp.) 30 Y FACW 4. Reed (Phragmites australis) 30 Y FACW 5. 6. 7. g• 9. 10. 11. 12. Woody Vine Stratum (Plot size: 30' ) 1 100 = Total Cover 2. 3 4• 5• = Total Cover Hydrophytic Vegetation Present? Yes X No Remarks: (If observed, list morphological adaptations below).vegetation strata are very limited Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of Indicators.) Depth Matix Redox Features Inches Color (moist) % Color (moist) % Type Loc Texture Remarks 0-18 10YR 3/1 Loamy sand/sandy loam Type: C=Concentration, D=Depletion, RM= Reduced Matrix, CS=Covered or Coated Sand Grains. Location: PL= Pore Lining, M= Matrix Histosoi (Al) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) Organic Bodies (A6)(LRR P, T, U) 5 cm Mucky Mineral (A7)(LRR P, T, Muck Presence (A8)(LRR P, T) 1 cm Mucky Mineral (A7)(LRR P, T, Depleted Below Dark Surface (A11) Thick Dark Surface (Al2) Coast Prairie Redox (A16)(MLRA Sandy Mucky Mineral (S1)(LRR O,S) Sandy Gleyed Matrix (S4) _ Polyvalue Below Surface (S8)(LRR S, X Thin Dark Surface (S9) (LRR S, T, U) _ Loamy Mucky Surface (F1) (LRR O) _ Loamy Gleyed Matrix (F2) _ Depleted Matrix (F3) _ Redox Dark Surface (F6) _ Depleted Dark Surface (F7) _ Redox Depressions (F8) _ Marl (F10) (LRR U) _ Depleted Ochric (F11) (MRLA 151) _ Iron -Manganese Masses (F12)(LRR _ Unbric Surface (F13( (LRR P, T, U) _ Delta Ochric (F17) (MRLA 151) _ Reduce Vertic (F18) (MRLA 150A, 1508) 1 cm Muck (A9) (LRR O) 2 cm Muck (A10) (LRR S) Reduced Vertic (F18)(outside MLRA 150A,B) Piedmont Floodplain Soils (F19) Anomalous Bright Loamy Soils (F20) (MRLA 1538) Red Parent Material (TF2) Very Shallow Dark Surface (TF1 2) (LRR T, U) Other (Explain in Remarks) 3 Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. _ Sandy Redox (S6) _ Piedmont Floodplain Soils (MRLA 149A) _ Stripped Matrix (S6) _, Anomalous Bright Loamy Soils (1720) (MRLA 149A, 153C, 153D) Dark Surface S7 LRR P T U Restrictive Layer (if observed): Type: Depth (inches): Hydric Soils Present? Yes _x No x__ Remarks: soils appear to be hydric. WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/Site: Riecken- Batson RD City/County: Pender Sampling Date: July 13, 2018 Applicant/Owner: Riecken (buyer) State: NC Sampling Point: Upland Investigator(s): Gene Young, RS-A.R.M. Section, Township, Range: Surf City NC Landform (hillslope, terrace, etc.): Side slope Local relief (concave, convex, none): Linear Slope (%): 20% Subregion (LRR or MLRA): LRR T Lat: 34.4213N Long: -77.5938W Datum: Soil Map Unit Name: Marven -Craven NCWAM classification: seep Are climatic / hydrologic conditions on the site typical for this time of year? Yes x No (If no,explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes x No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS —Attach site m Hydrophytic Vegetation Present? Yes X No Hydric Soll Present? Yes No X Wetland Hydrology Present? Yes This does not appear to be a wetland. No x tra Is the Sampled Area within a Wetland? etc. Yes No X HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators Lminimum of one is required: check all that apply) _ Surface Soil Cracks (136) _ Surface Water (A1) _ Water -Stained Leaves (139) _ Sparsely Vegetated Concave Surface (138) High Water Table (A2) _ Aquatic Fauna (613) _ Drainage Patterns (1310) Saturation (A3) _ Marl Deposits (B15)(LRR U) _ Moss Trim Lines (1316) Water Marks (131) _ Hydrogen Sulfide Odor (Cl) _ Dry -Season Water Table (C2) _ Sediment Deposits (132) _ Oxidized Rhizospheres on Living Roots _ Crayfish Burrows (C8) (C3) Drift Deposits (63) _ Presence of Reduced Iron (C4) —Saturation Visible on Aerial Imagery (C9) Algal Mat or Crust (134) _ Recent Iron Reduction in Tilled Soils (C6) _ Geomorphic Position (D2) Iron Deposits (135) _ Thin Muck Surface (C7) _ Shallow Aquitard (D3) Inundation Visible on Aerial Imagery _ Other (Explain in Remarks) x FAC -Neutral Test (D5) (137) Field Observations: Surface Water Present? Yes _ No X Depth (inches): Water Table Present? Yes _ No X Depth (inches): >24" Saturation Present? Yes _ No x Depth (inches):>24" Wetland Hydrology Present? Yes No x (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous Inspections), if available: Tree Stratum (Plot size: 30' ) 1. Dogwood (Cornus florida) Absolute % Cover 5 Dominant Species? Indicator Status Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 1 (A) Total Number of Dominant Species Across All Strata: 2 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 50 (A/B) Y FACU 2. 3. 4. 5. 6. 7. 5 Cover Sapling Stratum (Plot size: 30' ) 1 = Total Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x2= FAC species x 3 = FACU species x4= UPL species x 5 = Column Totals: (A) (g) Prevalence Index = B/A = 2• 3. 4• 5. 6• 7. Shrub Stratum (Plot size: 30' ) = Total Cover 2• 3• Hydrophytic Vegetation Indicators: Dominance Test is >50% Prevalence Index is s3.0' Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must 4 5. 6, 7 Herb Stratum (Plot size: 30' ) 1. Mixed grasses 90 = Total Y N Cover FAC Definitions of Vegetation Strata: Tree — Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and 3 in.(7.6 cm) or larger in diameter at breast height (DBH). Sapling — Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. Shrub — Woody plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. Herb — All herbaceous (non -woody) plants, including herbaceous vines, regardless of size. Includes woody plants, except woody vines, less than approximately 3 ft (1 m) in height. Woody vine — All woody vines, regardless of height. 2. Dogfennel (Eupatorium capiilifolim) 10 FACU 3. 4 5. 6. 7. 6• 9. 10. 11. 12. Woody Vine Stratum (Plot size: 30' ) 1 100 = Total Cover 2. 3 4• 5. = Total Cover Hydrophytic Vegetation Present? Yes _No x Remarks: (If observed, list morphological adaptations below).vegetation strata are very limited Point: Profile Description: (Describe to the depth needed to document the Indicator or conflrm the absence of Indicators.) Depth Matix Redox Features Inches Color (moist) % Color (moist) % Tie Loc Texture Remarks 0-6 2.5Y 4/2 Loamy sand 6.18 2.5Y 6/4 Loamy Sand Type: C=Concentration, D=Depletion, RM= Reduced Matrix, CS=Covered or Coated Sand Grains. Location: PL= Pore Lining, M= Matrix 1 cm Muck (A9) (LRR O) 2 cm Muck (A10) (LRR S) Reduced Vertic (F18)(outside MLRA 150A, B) Piedmont Floodplain Soils (F19) Anomalous Bright Loamy Soils (F20) (MRLA 153B) Red Parent Material (TF2) Very Shallow Dark Surface (TF12) (LRR T, U) Other (Explain in Remarks) 3 Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. _ Sandy Redox (S6) _ Piedmont Floodplain Soils (MRLA 149A) _ Stripped Matrix (S6) _ Anomalous Bright Loamy Soils (1720) (MRLA 149A, 153C, 153D) Dark Surface S7 LRR P S T U Restrictive Layer (if observed): Type: Depth (Inches): Hydric Soils Present? Yes _ No x Remarks: soils do not appear to be hydric. _ Histosol (Al) _ Polyvalue Below Surface (S8)(LRR S, _ Histic Epipedon (A2) _ Thin Dark Surface (S9) (LRR S, T, U) _ Black Histic (A3) _ Loamy Mucky Surface (171) (LRR O) _ Hydrogen Sulfide (A4) — Loamy Gleyed Matrix (F2) _ Stratified Layers (A5) _ Depleted Matrix (F3) _ Organic Bodies (A6)(LRR P, T, U) _ Redox Dark Surface (F6) _ 5 cm Mucky Mineral (A7)(LRR P, T, _ Depleted Dark Surface (177) _ Muck Presence (A8)(LRR P, T) _ Redox Depressions (F8) _ 1 cm Mucky Mineral (A7)(LRR P, T, _ Marl (F10) (LRR U) _ Depleted Below Dark Surface (A11) _ Depleted Ochric (F11) (MRLA 151) _ Thick Dark Surface (Al2) _ Iron -Manganese Masses (1712)(LRR _ Coast Prairie Redox (A16)(MLRA _ Unbric Surface (F13( (LRR P, T, U) _ Sandy Mucky Mineral (S1)(LRR O,S) _ Delta Ochric (F17) (MRLA 151) _ Sandy Gleyed Matrix (S4) _ Reduce Vertic (F18) (MRLA 150A, 150B) 1 cm Muck (A9) (LRR O) 2 cm Muck (A10) (LRR S) Reduced Vertic (F18)(outside MLRA 150A, B) Piedmont Floodplain Soils (F19) Anomalous Bright Loamy Soils (F20) (MRLA 153B) Red Parent Material (TF2) Very Shallow Dark Surface (TF12) (LRR T, U) Other (Explain in Remarks) 3 Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. _ Sandy Redox (S6) _ Piedmont Floodplain Soils (MRLA 149A) _ Stripped Matrix (S6) _ Anomalous Bright Loamy Soils (1720) (MRLA 149A, 153C, 153D) Dark Surface S7 LRR P S T U Restrictive Layer (if observed): Type: Depth (Inches): Hydric Soils Present? Yes _ No x Remarks: soils do not appear to be hydric.