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HomeMy WebLinkAbout20090776 Ver 1_Application_20090714I? o Nk <p09 STATE OF:NORTH CAROLINA DEPARTMENT OF TRANSPORTATION y BEvERLY EAVES PERDUE i EUGENE A. CONTL JR. \ GOVERNOR SECRETARY July!9, 2009 7 I J I Mr. William Wescott U.S. Army Corps of Engineers - Washington Regulatory Field Office Post Office Box 1000 11 Washington, North Carolina 27889-1000 09 ® 7 7 Mr. Robert Ridings Wetlands/401 Unit NC DENR Division of Water Quality r 2321 Crabtree Blvd Raleigh, NC 27604 SUBJECT: NWP 3 and WQC # 3687 request in order to replace crossline under SR 1734 (Kenmetal Drive) in Halifax County. Dear Sirs: I The North Carolina Department of Transportation (NCDOT) proposes to replace 24" crossline under SR 1734 with a 48" crossline and riprap the outlet end of pipe to stop scour due to pipe being perched. Due to sewer conflict under current pipe the inlet will have to be moved from current location and a new 25' base ditch will be cut through wetlands to tie into existing flow line. For full explanation see page 3 section 3e of PCN. This activity proposes to permanently impact a total of 301inear feet of stream channel downstream of crossline and 120 sq ft ofi wetland. The NCDOT anticipates that this maintenance activity will be authorized under Nationwide Permit 3 (NWP 3). This application is also intended as a request for wnfetraut pion from the NC Division of Water Quality to proceed with crossline under Gen al Water Quality Certificate # 3687 (NWP 3). No sites eligible for listing on the National Regi I ter occur within the area of potential C"o Pd? effect. This project will not affect listed or eligible historic properties. 7 (252) 237-6164 x!3532 ccoggins@ncdot.gov Post Office Box 3165, Wilson, North Carolina 27895-3165 /,.?? ii MD MI7,ATION Impacts will be minimized by strict enfor I cemen protection of surface waters and wetlands, rest waters of the US, and coordination (incloding a Division Environmental Officer. If you have any questions or need any additions Coggins, Division Environmental OfficeF, at (25 I appreciated. Respectfully yours, I R. E. Greene, Jr., PE Division Engineer i ii I ?I I li ?I (252) 237-6164 x 3532 Post Office Box 3165, Wilson i of Best Management Practices for the ctions against the staging of equipment in pre-construction meeting) with the information, please contact Chad 296-3532. Your time and effort are Carolina 27895-3165 W A7'! O9 ?UJ? oliii? ? Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit ? Section.l0 Permit 1b. Specify Nationwide Permit (NWP) number: 3 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ? Yes ® No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ? 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 ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ? Yes ®No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ®No 2. Project Information 2a. Name of project: SR 1734 (Kennmetal Drive) 2b. County: Halifax 2c. Nearest municipality / town: Roanoke Rapids 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 12 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ® Agent ? Other, specify: 4b. Name: Ricky E. Greene Div. 4 Engineer 4c. Business name (if applicable): NCDOT Div. of Highways 4d. Street address: PO Box 3165 4e. City, state, zip: Wilson, NC 27895-3165 4f. Telephone no.: 252-237-6164x3501 4g. Fax no.: 252-234-6174 4h. Email address: roreene@ncdot.aov 5. Agent/Consultant Information (it applicable) 5a. Name: Chad Coggins 5b. Business name (if applicable): NCDOT Div. 4 Environmental Officer 5c. Street address: same 5d. City, state, zip: same 5e. Telephone no.: 252-296-3532 5f. Fax no.: 252-234 6174 5g. Email address: ccoaainsCdlncdot.oav Page 2 of 12 B. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID): 1b. Site coordinates (in decimal degrees): Latitude: 36.4369 Longitude: - 77.6268 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Roanoke River proposed project: 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Roanoke 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: Small forested encompassed in an industrial park. Stream fed primarily from commercial runoff and is very flashy. 3b. List the total estimated acreage of all existing wetlands on the property: 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: Replace existing crossline that is under sized and perched which is causing channel to downcut and undercutting crossline 3e. Describe the overall project in detail, including the type of equipment to be used: Use mechanical highway equipment working from current roadway to replace one fine of 60'X 24" RCP with one line of 70' X 48" HDPE. Inlet of pipe will be skewed more in order to match existing channel and avoid sewer line conflict that would occur due to upsized pipe This will require anew channel to be cut tote into existing drainage feature. This new channel will be a 1 foot base ditch with 2:1 slopes which closely resembles existing channel. Also outlet end is now perched by about 5 feet The new pipe will be bigger as well as buried 20% on inlet in however outlet end will probably remain perched by about 1.5 ft. Therefore we also request riprap to be placed along the stream bed and banks in order to stabilize outlet thus protecting stream and roadway from scour. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ? Yes ®No ? Unknown project (including all prior phases) in the past? Comments: pictures included 4b. If the Corps made the jurisdictional determination, what type ? Preliminary ? Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): 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 ? Yes ® No ? Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. Page 3 of 12 . PCN Form -Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 6. Future Project Plans 6a. Is this a phased project? ? Yes ®No 6b. If yes, explain. Page 4 of 12 C. Proposed Impacts Inventory 1. Impacts Summary I 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. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temporary W1 ®P ? T Excavation Headwater ® Yes ? No ® Corps ? DWQ .003 ac 120 sq ft W2 ? P ? T ? Yes ? Corps ? No ? DWQ W3 ? P ? T ? Yes ? Corps ? No ? DWQ W4 ? P ? T ? Yes ? Corps ? No ? DWQ W5 ? P ? T ? Yes Corps ? No ? DWQ W6 ? P ? T ? Yes ? Corps ? No ? DWQ 2g. Total wetland impacts 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. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S7 ®P ? T Riprap outlet UT to Roanoke River ? PER ® INT ® Corps ? DWQ 2 30 S2 ? P ? T PER ? INT ? Corps ? DWQ S3 ? P? T ? PER ? Corps ? INT ? DWQ S4 ? PEI T ? PER ? INT ? Corps ? DWQ S5 ? P ? T ? PER ? INT ? Corps ? DWQ S6 ? P ? T ? PER ? INT ? Corps ? DWQ 3h. Total stream and tributary impacts 35 31. Comments: Page 5 of 12 PCN Form - Version 1.3 December 10, 2008 Version 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 individual) list all open water impacts below. 4a. Open water impact number - Permanent (P) or Temporary 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. Pond ID 5b. Proposed use or purpose 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 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: Page 6 of 12 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 an impacts require mitigation, then you MUST fill out Section D of this form. 6a. ® Neuse ?Tar-Pamlico ? Other: Project is in which protected basin? ? Catawba ? Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary impact required? Riprap B1 Slope ?Yes Protecb ® No on B2 ?P?T ?Yes ? No B3 ?P?T ?Yes ? No 6h. Total buffer impacts 400 600 6i. Comments: Riprap roadside ditch to prevent additional erosion and sedimentation from upslope saw mill Page 7 of 12 D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. We chose to move pipe away from Utility conflict in order to upsize pipe to coned size based on drainage area and get a better pipe burial depth in order better match stream bed elevation. However pipe will still be slightly perched and will therefore require riprap in the stream bed and banks in order to stop down cutting and erosion. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Water will be performed in the dry probably during dry period when channel is not flowing. Strict enforcement of Best Management Practices for sediment and erosion control, the protection of wetlands and surface waters will be enforced. 2. Compensatory Mitigation 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 ®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 project? [] Mitigation bank E] Payment to in lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type 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: ? warm ? cool []cold 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: S. Complete if Using a Permittee Responsible Mitigation Plan 5a . If using a permitee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 8 of 12 PCN Form - Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWO 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ? Yes ®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 9 of 12 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No within one of the NC Riparian Buffer Protection Rules? lb. If yes, then is a diffuse flow plan included? If no, explain why. ? Yes ? No Comments: not changing stormwater outfall facility, not affecting any buffers 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0% 2b. Does this project require a Stormwater Management Plan? ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 0% change in impervious surface.. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ? Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program ? DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ? Phase 11 ? NSW 3b. Which of the following locally-implemented stormwater management programs 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 ? Coastal counties ? HOW 4a . Which of the following state-implemented stormwater management programs apply ? ORW (check all that apply): ? Session Law 2006-246 ? Other: 4b . Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No attached? S. 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 10 of 12 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) I a. Does the project involve an expenditure of public (federallstatellocal) funds or the ® Yes ? No use of public (federallstate) land? 1b. 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 ? Yes ® No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. 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 l ? Yes ? No etter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 21-1.0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No or Riparian Buffer Rules (15A NCAC 213 .0200)? 2b. Is this an after-the-fact permit application? ? Yes ®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 ® 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. Page 11 of 12 PCN Form - Version 1.3 December 10, 2008 Version 5. 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? ? Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ? Asheville - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NHP GIS data layer 8. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ®No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? AFSA GIS layer intermittent stream, base flow is < 6 inches deep. 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 ®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? Only working in stream channel within existing ROW 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? NC flood Map Applicant/Agent's Printed Name Apply gent's Sign ure ' Date n letter from the applicant (Agent's signature is valid only if an author¢a is provided.) Page 12 of 12 Print Forth WETLAND DETERMINATION DATA FORM -Atlantic and Gulf Coastal plain Region Kennametal Drive mar: NCDOT k): B. Bateman, C. City/County: Weldon/Halifax Section, Township, Range: State: NC Sampling Date: 2009-07-07 Sampling Point A2-A3 Landform hillslo Bottom ( pe, terrace, etc.): Local relief (concave, convex, none): : concave Slope (%): 1 Subregion (LRR or MLRA): T Let: 36.4367 Long: 77.6270 Datum: D.dddd Soil Map Unit Name: Emporia Fine Sandy Loam NWI classification: Headwater Wetland Ara dimatlo / hydrologic conditions on the she typical for this time of year? Yes tJ No L1 (If no, explain In Remarks.) Are Vegetation 0 Soil 0 or Hydrology ? significantly disturbed? Are "Normal Circumstances present? Yes ? No -0 Are Vegetation Soil 0 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? ? No ? Is the Sampled Area Hydric Soil Present? Yes ?r-^- No within a Wetland? Yes No ? Wetland Hydrology Resent? Yes No HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) ? Surface Soil Cracks (Bb) ? Surface Water (A1) ?? Water-Stained Leaves (BB) Sparsely Vegetated Concave Surface (138) High Water Table (A2) ? e-- LJ Aquatic Fauna (B13) x Drainage Patterns (1310) Saturation (A3) LJ Mad Deposits (B15) (LRR U) T 1 LJ Moss Trim Linos (1316) e Water Marks (81) n Hydrogen Sulfide Odor (Cl) Dry-Season Water Table (C2) Sediment Deposits (132) _? Oxidized Rhizospheres on Living Roots (03) _? Crayfish Burrows (08) 8 Drift Deposits (83) Presence of Reduced Iron (C4) Saturation Visible on Aerial Imagery (CS) _ Algal Mat or Crust (134) ? Iron De osits (135) Recent Iron Reduction in Tilled Soils (C6) L t Thin Muck Surface (C7) Geomorphic Position (132) L I Shallow A uitard (133 p ? Inundation Visible on Aerial Imagery (137) .-.l 7 LJ Other (Explain lin Remarks) q ) 7 ?f L^J FAC-Neutral Test (DS) Field Observations: Surface Water Present? Yes ? No © Depth (Inches): Water Table Present? Yes No _? Depth (inches Saturation Present? Yes 0 No ? Depth (inches : t 1 Wetland Hydrology Present? Yes ? No ? ncludescapillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial pho s, previous inspections), if available: n/a US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version VEGETATION - Use scientific names of plants. Sampling Point: A2-A3 4006 ft Absolute Tree Stratum (Plot size: q ) % Cove Dominant Indicator r Species? Status Dominance Test worksheet: N b 1 Liquidambar styraciflua 30 ? FAC+ um er of Dominant Species That Are OBL FACW or FAC: 6 (A) 2 Quercus nigra 15 ? FAC , , Betula nlgra 10 3 ? FACW Total Number of Dominant 9 S ecies Across All St t 4. ? p ra a: (B) 5 ' ? Percent of Dominant Spades 86 Th A 6. ? at re OBL, FACW, or FAC: (AiB) 7 ? Prevalence index worksheet: 55 1 Total % Cover of: Muftiolyby: Sapling Stratum (Plot size: 400 sq It ) 1 N/A = Total Cover ? OBL species 0 x 1 = FACWspecies 50 x2= 100 2. ? FAC species 80 x3= 240 3. ? FACU spades 5 x4= 20 4. ? U PL species x5= 5. ? Column Totals: 135 (A) 360 (B) 6. ? 7 ? Prevalence Index =B/A= 2.6 ? Shrub Stratum (Plot size: ) 1 Clethra alnifolia 20 = Total Cover ? FACW Hyd ophytic Vegetation Indicators: Dominance Test is >50% / Prevalence index is 53.0' 2. Ligustrum Sinense 15 ? ,FAC _ Problematic Hydrophytic Vegetation' (Explain) 3 Magnolia virginiana 10 ? facw+ 4 Vaccinium corymbosum 5 ? FACW 'Indicators of hydric soil and wetland hydrology must 5. ? be present, unless disturbed or problematic. 6. ? Definitions of Vegetation Strata: 7' ? 50 Herb Stratum (Plot size: 400 sq It ) 1 Osmunda cinnamomea 5 = Total Cover ? facw+ Tree-Woody plants, exduding 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). j 2 Phytolacca americans 5 El facu+ Sapling approxim Woody plants, excluding woody vines, atel 20 ft (6 m) or more in hei ht and less -? 3, ? than 3 in: y g (7.6 cm) DBH. 4. ? Sh b W d l t di d d i 5. ? ru - approxin oo y p an s, ex u ng woo y v nes, ately 3 to 20 R (i to 6 m) in height. 6. ? 7. ? Herb -A herbaceo ll herbaceous (non w ody) plants, including us vines, regardless of size. Includes woody 6 ? plants, ex cept woody vines, less than approximately 9. ? 3 ft (1 m)I in height. 10 ? Woody v ine -All woody vines, regardless of height. it. ? 12. ? 10 Woody Vine Stratum (Plot size: 400 sq It ) il t dif li 10 S = Total Cover FAC m ax ro un o a 1 ?x 2. Lonicera japonica 10 © FAC 3. ? 4. ? 5 ? Hydrtati Ve etati onc on 20 =Total Cover g Present? ? Yes ? No Remarks: (If observed, list morphological adaptations below). No sapling layer present at this plot and only a sparse h rbaceous layer. US Army Corps of Engineers Atlantic antl Gutf Coastal Plain Region - Interim Version 1 SOIL Sampling Point: A.-A3 Profile Description: (Describe to the depth needed to documen the indicator or confirm the absence of indicators.) Depth Matrix (inches) Color (moist) % Redox Features Color (moist) 1_ Type' Lac, Texture Remark* 0-6 t OYR 4/3 99 Loam j 6-13+ 10YR 4/1 60 1 OYR 4/4 2 C M Loam big I 'T : C=Concentretion, D=Da tion RM=Reduced Matra, CS=CO vered or Coated Sand Grains. ,Location: PL=Pore - M=Mab(. nc Soil Indicators: Histosol (At) Histic Epipedon (A2) Blade Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) Organic Bodies (A6) (LRR P, T, U) 5 cm Mucky Mineral (Air) (LRR P, T. U) Muck Presence (AS) (LRR U) 1 cm Muck (A9) (LRR P, T) -O L?_ -01-1 y % ? _0 polyvalue Below r) hi. Dark Sufac 1-oamy Mucky Mi LOamy Gleyed M Depleted Matrix Redox Dark Surh Depleted Dark 1tedox Depresslo I ad (F10) (LRR Indicators for Problematic Soils V. urface (SO) (LRR S. T, U) f] 1I co Muck (A9) (LRR O) e (S9) (LRR 5, T, U) 21 cin Muck (A10) (LRR 5) neral (F1) (LRR O) educed Vedic (F18) (outside MLRA 160A,B) ? trix (F2) Piedmont Foodplain Soils (1719) (LRR P. S, T) 3) Anomalous Bright Loamy Soils (F20) ca (F6) I (MLRA 1636) rface (FT) Red Parent Material (TF2) ns (F8) Very Shallow Dark Surface (TF12) (LRR T, U) U) Other (Explain in Remarks) Depleted Below Dark Surface (All) Depleted Ochric Flt) (MLRA 161) a Thick Dark Surface (At 2) T . B lron,Manganese asses (F12) (LRR O, P, T) "Indicators of hydrophytic vegetation and a Coast Prairie Redox (At6) (MLRA 160A) L.l Umbric Surface ( 13) (LRR P, T, U) ' wetland hydrology must be present, a a Sandy Mucky Mineral (81) (LRR O, S) Sandy Gleyed Matrix (S4) -0 ?OI 13.1la Ochric fl Reduced Verdc ( (MLRA 16;) 61) FIB) (MLRA 1600. 1608) unless disturbed or problematic. B Sandy Redox (SS) ?,.I Predmord Floodpll ain Soils (FI9) (MLRA 149A) Stripped Matrix (SS) Anomalous Brigh t Loamy Soils (F20) (MLRA 149A, 163C, 783D) Q Dade Surface (ST) (LRR P, S. T, U) Restrictive Layer (if observed): Type: Depth (inches): Hydri Soil Present? Yes No US Army Corps of Engineers Atlantic an Gulf Coastal Plain Region - Interim Version .I- WETLAND DETERMINATION DATA FORM -Atlantic and Gulf Coastal Plain Region P.rlnt Form Pr.jecUSlte: Kennametal Drive City/County: Halifax Sampling Date: 2009-07-07 ApplicanUOwner: NCDOT Division of Highways State: NC Sampling Point A2-A3 Are vegetation sell _?, or Hydrology ?significantly disturbed? Are 'Normal Circumstances present? 'Yes © No ? Are vegetation J Soil Der 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 ? No ? Is the Sampled Area Hyddc Soil Present? Yes ? No ? No Welland Hydrology Resent? Yes ? No x within a Wetland? Yes Remarks: Investigator(s): B. Bateman, C. COggins Section, Township. Range: Landfarm (hillslope, tenets, etc.): Low sidehill Local relief (concave, convex, none): Convex Subregion (LRR or MLRA): T Let: 36.4367 Long: 77.6270 Soil Map Unit Name: Emporia Fine Sandy Loam NW classification: _ Are climatic I hydrologic conditions on the site typical for this time of year? Yes 0 No ? (If no, explain in Remarks.) HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required, check all that apply) 0 Surface Soil Cracks (B6) ? Surface Water (At) Water-Stained Leaves (BS) Sparsely Vegetated Concave Surface (BS) High Water Table (A2) ?J Aquatic Fauna (813) Drainage Patterns (B10) Saturation (A3) LLLJJJJ Mad Deposits (815) (LRR U) ? Moss Trim Lines (B16) Water Marks (B1) " Hydrogen Sulfide Odor (C t) }?rll Dry-Season Water Table (02) Sediment Deposits (B2) Living Roots (C3) u Oxidized Rhizospheres or LJ Crayfish Burrows (C8) B Drill Deposits (W) Presence of Reduced Iron (C4) Saturation Visible on Aerial Imagery (CS) Algal Mat or Crust (84) {j Iron Deposits (85) T1 Recent Iron Reduction in Tilled Soils (CB) L 1 Thin Muck Surface (07) Geomorphic Position (D2) Shallow Aquitard (D3) u ? Inundation Visible on Aerial Imagery (87) 7 ? 1 LJ Other (Explain in Remarks) ? 1 LJ FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes ? No Depth onchea): Water Table Present? Yes No ? Depth (inches): ? 16 - Saturation Present? Yes No IJ Depth (Inches): >18 Watland Hydrology Preserd? Yes 0 No 0 ncludes capillary frintie) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous Inspections), If available: N/A No indicators of wetland hydrology were observed at this plot Slope (%): Datum: D.dddd US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version VEGETATION - Use scientific names of plants. Sampling Point: A2-A3 400 s q Tree Stratum (Plot size: q ) QUefCUS gibe 1 ? Absolute Dominant Indicator % Cover Species? Status 40 x FACU ? Dominance Test worksheet: Number of Dominant Species 4 That Are OBL FACW or FAC 2 Acer rubrum 20 FAC , , : (q) 3 Carya tomentosa 10 UPL ? Total Number of Dominant S ecies A All S 7 q Nyssa sylvatica 5 ? FAG p cross trata: (B) 5. ? Percent of Dominant Spades 57 Th t A O • 6. ? a re BL , FACW, or FAC: (Ala) 7 ? Prevalence Index worksheet: Sapling Stratum (plot size: 400 sq ft ) 1 Ilex opaca 75 7 = Total Cover Q FAC- Total % Cover of, Multiply by: OBL species 0 x1=0 FACW species 7 x 2= 14 2 Nyssa sylvatica 5 © FAC FAC spades 44 x 3 = 132 3 Carya tomentosa 5 ©UPL FACU spades 40 x 4 = 160 4 Liriodendron tulipifera 3 ? FAC UPL species 15 x5= 75 5. ? Column Totals: 106 (A) 261 (B) 6. ? 7 13 Prevalence Index -B/A= 2.65 Shrub Stratum (Plot size: 400 sq ft ) 1 Vaccinum corymbosum 20 7 = Total Cover ? FACW Hydrophytic Vegetation Indicators: - Dominance Testis >50% _ Prevalence index is 9.0' 2. ? _ Problematic Hydrophytic Vegetation' (Explain) 3. ? 4, ? 'Indicators of hydric soil and wetland hydrology must 5. E] be present, unless disturbed or problematic. 6. ? Definitions of Vegetation Strata: 7. 13 400 5 It Herb Stratum (Plot size: q ) 1. 7 ° Total Cover ? Tree -Woody plants, excluding woody vines, approximately 20 It (6 m) or more in height and 3 in. (7.6 cm) or larger in diameter at breast height (DBH). 2 ? Sapling -Nbody phdnts, excluding woody vines, approximatel 20 R (6 m) or more in hei ht and less 3. ? y g than 3 in. (7.6 cm) DBH. 4. ? Sh b W l d t l d i di 5. ? ru - oo an y p s, exc ng woo y v nes, u approximately 3 to 20 ft (1 to 6 m) in height. 6. ? 7. ? Herb -All herbaceous (non-woody) plants, including herbaceous vines, regardless of size. Includes woody 6 ? plants, except woody vines, less than approximately 9. 11 3 R (1 m) In height. 10 ? Woody vine - All woody vines, regardless of height. 11. ? 12. ? Woody Vine Stratum (Plot size: 400 sq It ) G l i i 0 4 = Total Cover FAC sem um semperv rens e 1 2. ? 3. ? 4. ? 5, ? Hydrophytic Ve etation 4 = Total Cover g ? Present? Yes No Remarks: (If observed, list morphological ado tations below). No herbaceous layer present within pot. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (mist) % Tvoet Locr Texture Remarks 0-10 10YR 4/3 98 S. Loam 10-14+ 1 OYR 6/4 98 FS Loam rT : C--Concentration, D=De lotion, RM=Reduced Matrix, CS=Covered or Coated Sand Grains. 11-ocation: PL=Pore Linin , M=Matra. f{nv `- Q L1 dric Soil Indicators: ' Histosol (Al) Histic Epipedon (A2) Black Histic (A3) Indicators for Problematic Hydric Soils E]Polyvalue Below Surface (S8) (LRR 5, T, U) 1 rm Muck (A9) (LRR O) hin Dark Surface (S9) (LRR S, T, U) 2 an Muck (A10) (LRR S) Loamy Mucky Mineral (F1) (LRR O) Reduced Vertic (F18) (outside MLRA 160A,B) Hydrogen Sulfide (A4) -01-oamy Gleyed Matra (F2) Piedmont Floodplain Soils (1`19) (LRR P, 5, T) Stratfied Layers (A5) Organic Bodies (A6) (LRR P, T, U) 5 crn Mucky Mineral (A7) (LRR P, T, U) Depleted Matra (F3) -BRedox Dark Surface (F6) Depleted Dark Surface (F7) ' .] ?t Anomalous Bright Loamy Soils (F20) LJ (MLRA 1538) Red Parent Material (TF2) Muck Presence (AS) (LRR U) 1 an Muck (A9) (LRR P, 7) 1- 1 _7_,IRedox Depressions (F8) Mad (Flo) (LRR U) }aI Very Shallow Dark Surface (TF12) (LRR T, U) y„] Other (Explain in Remarks) Depleted Below Dark Surface (All) Thick Dark Surface (At 2) ??'-'11Depleted Ochric (Fl 1) (MLRA 151) _ 11ron-Manganess Masses (F12) (LRR O, P, T) 3Indicators of hydrophytic vegetation and 1-?I 1..1 B Coast Prairie Redox (A16) (MLRA 150A) Sandy Mucky Mineral (Sl) (LRR 0, 5) Sandy Gleyed Matra (S4) Sandy Redox (S5) L0Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, --Delta Ochric (Fl 7) (MLRA 151) unless disturbed or problematic. TOIReduced Ver is (F18) (MLRA 150A, 1606) ?.IPiedmont Floodplain Soils (F79) (MLRA 149A) Stripped Matra (S6) ']Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 163D) Dark Surface (137) (LRR P, 5, T, U) Restrictive Layer (if observed): Type: Depth (inches): ? Hydre Soil Present? Yes ___g No x No hydric soil indicators were observed at this plot. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Interim Version i ?I! APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers i. This form should be completed by following the instructions provided in Section IV of the ID Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: i i C. PROJECT LOCATION AND BACKGROUND INFORMATION: State:NC County/parish/borough: Halifax 1 ! City: Weldon. Center coordinates of site Oattlong in degree decimal format): Lat. 36.4367°, Long. 77.6270°W. Universal Transverse Mercator: Name of nearest waterbody: Roanoke River I Name of nearest Traditional Navigable Water (TNW) intowhich the aquatic resource flows: Roanoke River Name of watershed or Hydrologic Unit Code (HUC): 030f.0 1107070 ® Check if map/diagranr of review area and/or potential jurisdictional areas is/are available upon request. 0 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): 0 Office (Desk) Determination Date: El Field Determination Date(s): 7/07/09 SECTION H: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF There Pi&biii "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the reviewatea [Required] El Waters subject to the ebb and flow of the tide. O Waters are presently used, or have been used in the past,' or may be susceptible for use io transport interstate or foreign commerce. Explain: i' B. CWA SECTION 404 DETERMINATION OF JURISDICTION. j i There Hie "waters of the U.S." within Clean Water Act (CWA) jutisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): t .. TNWs, including territorial seas Q Wetlands adjacent toTNWs Q Relatively pemument waters[ (RPWs) that flow directly or indirectly into TNWs ® Non-RPWs that flow directly or indirectly into TNWs El Wetlands directly abutting RPWs that flow directly or indirectly into TN Ws i *?` 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 j Isolated (interstate or intrastate) waters, including isolated wetlands i I b. Identify (estimate) size of waters of the U.S. in the view area: Non-wetland waters: linear feet: I00width (Rj and/or acres. Wetlands:.003 acres. c. Limits (boundaries) of jurisdiction based on: Elevation of established OHWM (if known): 2. Nan-regulated waters/wetlands (check if applicabl El Potentially jurisdictional waters and/or wetlands Explain: 'Boxes checked below shall be supported by completing the approprial For purposes of this form, m RP W is defined as a tributary that is not i assessed within the review ea and determined to be not jurisdictionaL i erns in Section IlI below. and that typically flows year-r d or has continuous flow at least "seasonally" SECTIONIM CWAANALYSIS i A TNWs AND WETLANDS ADJACENT TO TNWs li I The agencies will assert jurisdiction over TNW; and wetlands adjacent to TNWL If the aquatic resource is a TNW, complete Section ULAI and Section I1I.D.1. only; if the aquatic'resource is a wetland adjacent to a TNW, complete Sections M.A. I and 2 and Section MD.I.; otherwise, see Section III.B below! 1. TNW Identify TNW: i Summarize rationale supporting determination 2. Wedand adjacent to TNW i . Summarize rationale supporting conclusion that wetland is "adjacent": I B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A 1 TNW) AND TI'S 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 Repairer 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 MDZ If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section IRDA. 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 coven a tributary with adjacent wetlands, complete Section MBA for the tributary, Section III.B.2 for any onsite wetlands, and Section 11LR3 for all wetlands adjacent to that tributary, both onsite and offsite The determination whether a significant nexus exists is determined in Section ]TLC below. I 1. Characteristics of non-TNWs that flow directly or indirectly into TNW ! I' (i) General Area Conditions: i Watershed size: acres Drainage area: {Plel`IAit Average annual rainfall: inches Average annual snowfall: inches :, - (fl) Physical Characteristics: (a) RelationshiowithTNW: ? Tributary flows directly into TNW. ? Tributary flows through PR41U,t tribute['ies before entering TNW. Project waters ere Pick?IJst river miles from TN W. Project waters are PiaAA river miles from RPW. Project waters are PIcli?Liit aerial (straight) ',miles from TNW. Project waters are Pieli'3 aerial (shaight)?miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNWS: Tributary stream order, if known: `Note that the Instructional Guidebook contains additional informationregarding swales, ditches, washes, and erosional features generally and in the srid Wen. ' Flow route can be described by identifying, e, &, tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW i, i (b) Tributary is: ® Natural ? Artificial (man-ma ® Manipulated (man relocated at at least one point downstream, and receives a businesses. Tributary properties with inspect to top Average width: 3 feet Average depth: 2 feet Average side slopes: Yeiikiil'(11` Primary tributary substrate coin sition ® silts Sands ? Cobbles ? Gravel ? Bedrock ? vegets ? Other. Explain: . Tributary conditionistability [e.g., holy headcutting downstream of project area due to a pembet Presence ofnu triifle/pool complexes. E Tributary geometry: Riljgj* st_raigtif Tributary gradient (approximate average (c) Flow. Tributary provides for: Estimate average number of flow events m : Describe flow regime: Flashy. Other information on duration and volume: Surface flow is: Cooflued. Characteristics: Subsurface flow: No. Explain findings: ? Dye (or other) test performed: Tributary has (check all that apply): ® Bed and banks ® OHWM6 (check all indicators that a ® clear, natural line impressed on ® changes in the character of soil ® shelving ® vegetation matted down, bent,l ® leaf litter disturbed or washed a ® sediment deposition ® water staining ? other (list): ? Discontinuous OHWM.' Explain: j if factors other than the OHWM were used High Tide Line indicated by: ? oil or scorn line along shore of ? fine shell or debris deposits (f1 ? physical markingstchamcterisl ? tidal gauges ? other (list): (ii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, Explain: Generally slightly turbid to somew Identify specific pollutants, if known: Pollutants oil, sediment, etc.). 'A natural or man-made discontinuity in the OHWM does not o the OH WM bas been removed by developmerd m agricultural p regime (e.g., flow over a rock outcrop m through a culvert), the 'Ibid. Explain: Has been i it portion of its flow (estimate): that apply): ? Con ? Mui TypcP/o cover: rig, sloughing banks]. Expla and increases in impervious upstream liom the assesment area and stormwater from parking lots and Channel has experienced significant Lace in the watershed. 2% i l pply) { the bank ? the presence of litter and debris ? destruction of teriestrial vegetation ? the presence of wrack line q absent ? sediment sorting way ® scour ® multiple observed or predicted flow events ? abrupt change in plant community { i determine lateral extent of CWA jurisdiction (check all that apply): 0 Mean High Water Mark indicated by acts ? survey to available datum; whore) El physical markings; :s ? vegetation linestchenges in vegetation types. I iscolored, oily film; water quality-, general watershed characteristics, etc.). tat clear.. ;ene mlly associated with commercial areas and impervious sin'faces (motor i, sever jurisdiction (e.g., where the stream temporarily flows underground, or where Where there is a break in the OHwM that is unrelated to the watarbody's flow will look fm indicators of flow above and below the break j (iv) Biological Characteristia. Channel suppo ? Riparian corridor. Characteristics (type, ® Wetland fringe. Characteristics: Small, ? Habitat for. ? Federally Listed species. Explain fm ? Fish/spawn areas. Explain findings: ? Other environmentally-sensitive spec ? Aquatic/wildlife diversity. Explain f 2. Characteristics of wetlands adjacent to O Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: Iacres Welland type. Explain: Headwater we Wetland quality. Explain:low. Project wetlands cross or serve as state bou (b) General Flow Relationship with Non- Flow No!FIow'a. Explain: ,,r.. Surface flow is: Overlarid'tieetthiw Characteristics: Subsurface ]low Uu_kovin. Explain findu ? Dye (or other) test performed: (c) Wetland Adjacency Determination with No ® Directly abutting ? Not directly abutting ? Discrete wetland hydrologic corma ? Ecological connection. Explain: ? Separated by berm/barrier. Explain (d) Proximity (Relationship) to TNW Project wetlands are f(616) river miles Project waters are IV(ok.'JQ aerial (straigi Flow is from: NoFlow. Estimate approximate location of wetland a (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is characteristics; etc.). Explain: clear to brow Identify specific pollutants, if ]mown: . (fu) Biological Characteristics. Wetland supports ® Riparian buffer. Characteristics (type, aver ? Vegetation type/percent cover. Explain: ? Habitat for. ? Federally Listed species. Explain fmdin ? Fish/spawn areas. Explain findings: ? Other environmentally-sensitive species ? Aquatic/wildlife diversity. Explain find. (check all that apply): .rage width): cific to assesment area. Explain findings: that flow directly or based on NC WAM rating. Explain: on. Explain om TNW. miles frorn TNW. - within the 5.0SfjWyeer' fI .fear, brown, oil film on sur check all that apply): ;e width):Site specific, very s: Explain findings: 3. Characteristics of all wetlands adjacent to the tribr)tary (if any) All wetland(s) being considered in the cumulative analysis: Pleli lll_et - Approximately ( ) acres in total are being considered in the cumulative water quality; general watershed less than 100' in width. For each wetland, specify the following: Directly abuts? (YIN) Summarize overall biological, chemical and physical functions being C. SIGNIFICANT NEXUS DETEM NATION A significant nexus analysis will assess the flow charac by any wetlands adjacent to the tributary to determine of a TNW. For each of the following situations, a signi wetlands, has more than a speculative or insubstantial Considerations when evaluating significant nexus inch of water in the tributary and its proximity to a TNW, ; wetlands. It is not appropriate to determine significan tributary and its adjacent wetland or between a tribut outside of a floodplain is not solely determinative of sil in the Ropanos Guidance and istics and functions of the tributary Itself and the functions performed they significantly affect the chemical, physical, and biological integrity ant nexus exists if the. tributary, in combination with all of its adjacent ect on the chemical, physical landlor biological integrity of a TNW. but are not limited to the volume, duration, and frequency of the flow the functions performed by the tributary and all its adjacent exus based solely on any specific threshold of distance (eg. between a and the TNW} Similarly, the fact an adjacent wetland lies within or icant nexus. j Draw connections between the features documented a discussed in the Instructional Guidebook Factors to c • Does the tributary, in combination with its adjacent, TNWs, or to reduce the amount of pollutants or floc • Does the tributary, in combination with its adjacent other species, such as feeding, nesting, spawning, or • Does the tributary, in combination with its adjacent support downstream foodwebs? • Does the tributary, in combination with its adjacent, biological integrity of the TNW? Note: the above list of considerations is not inclusive below: the effects on the TNW, as I, cider include, for example: ]ands (if any), have the capaci vatcrs reaching a TNW? lands (if any), provide habitat wing young for species that ar lands (if any), have the capaci (if any), have other other. functions observed or to carry pollutants or flood waters to d lifecycle support functions for fish and tesett in the TNW? to transfer nutrients and organic carbon that to the physical, chemical, or to occur should be documented Size (in acres) 1. Significant nexus findings for non-RPW that has nb adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus blow, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: Wetland i adjacent to an intermittent stream that flows into the Roanoke River (TNW). 3. Significant nexus findings for wetlands adjacent t an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, bawl on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: I D. DETERNUNATIONS OF JURISDICTIONAL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that TNWs: linear feet width (fl), Or, .: Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWx Tributaries of TNWs where tributaries typically 1 tributary is perennial: Tributaries of TNW where tributaries have conU jurisdictional. Data supporting this conclusion i seasonally: ;,S. THE SUBJECT WATERSMETLA 'and provide size estimates in rev iew area: acres. I year-round are flow "seasonally" (e.g., ided at Section M.B. F ARE (CHECK ALL data and rationale indicating that fly three months each year) are rationale indicating that tributary flows Provide estimates for jurisdictional waters in the review area (check all that sd Tributary waters: linear feet width (fl). 0 Other non-wetland waters: acres. Identify type(s) of waters: i 3. Non-RPWas that flow directly or indirectly into TNWL ® Watetbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW is jurisdictional. Data supporting this conclusion is provided at Section 11 Provide estimates for jurisdictional waters within the review area (check all that app] 0 Tributary waters: linear feet width (fl). 0.Other non-wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. 0 Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. 0 Wetlands directly abutting an RPW where tributaries typically flow year-ro indicating that tributary is perennial in Section III.D2, above. Provide ratio directly abutting an RPW: i 0 Wetlands directly abutting an RPW where tributaries typically flow "season seasonal in Section IILB and rationale in Section III.D.2, above. Provide it abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. and it has a significant nexus with a Provide data and rationale indicating that wetland is " Provide data indicating that tributary is ale indicating that wetland is directly 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNW& 0 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 juuisidictional. 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 directlylor indirectly into TNWL ® Wetlands adjacent to such waters, and have when considered in combination writ with similarly situated adjacent wetlands, have a significant nexus with a TNW ai conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: lacres. 7. Impoundments of jurisdictional waters! As a general rule, the impoundment of a jurisdictional tributary remains juuisdictional. 0 Demonstrate that impoundment was created from "waters of the U.S. or 0 Demonstrate that water meets the criteria for one of the categories presented abov, 0 Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATI DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTAT SUCH WATERS (CHECK ALL THAT APPLY): which are or could be used by interstate or foreign tmvelers for recreational or other pn from which fish or shellfish are or could be taken and sold in interstate or foreign count 0 which are or could be used for industrial purposes by industries in interstate commerce. Interstate isolated waters. Explain: 0 Other factors. Explain: I Identify water body and summarize rationale supporting determination: *See Footnote N 3. s To complete the analysis refer to the key in Section III.13.6 of the Insnudimal Guidebook 3e Prior to asserting or declining CWA Jurisdiction based solely on this category, Corps Districts wig review consistent with the process described in the Corps/EPA Memorandum Regrading CWA Art la (1-6), or to which they are adjacent and al. Data supporting this WETLANDS, THE USE, COMMERCE, INCLUDING ANY k action to Corps and EPA HQ for Fog-usg Rapanor. Provide estimates for jurisdictional waters in the review area (check all that apply): ? Tributary waters: linear feet width (ft). Q Other non-wetland waters: acres. Identify type(s) of waters: Wetlands: acres. F. NON.iURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): 0 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 solelv on the "Migratory Bird Rule" (NOR). I 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 factors (i.e., presence of migratory birds, presence of endangered species, use of water for Lodgment (check all that apply): Non-wetland waters (i.e., rivers, streams): linear feet width (ft). Lakestponds: 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 a finding is requited for jurisdiction (check all that apply): Q Non-wetland waters (i.e., rivers, streams): linear feel, 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 and requested, appropriately reference solaces 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. Q U.S. Geological Survey map(s). Cite scale & quad name: Q 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 Flood lain Elevation is: (National Geodectic Vertical Datum of 1929) Q Photographs: Aerial (Name & Date): or ? Other (Name & Date): Q Previous deterr ination(s). File no. and date of response letter: Q Applicable/supporting case law: Q Applicable/supporting scientific literature: Q Other information (please specify): basis of jurisdiction is the MDR agriculture), using best professional `Significant Nexus" standard, where such in case file and, where checked S ADDITIONAL CObAIENTS TO SUPPORT JD: J w,?` trn 1.,!{' ?ro .T • ?? M. `'? l ?9Ma r ?i o? P HN'^t: l?'f! Rai C1L.:l.Jn ?_ ,? .'o. _ ,. _ ? ', ? 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YYrI'?4? y?G4e1 uqt` • ?-`> lJ r =1' ll,gh.yl•, tl' t 3-D TopoQuadn copyright lei 1999 DeLurme Yarmouth, Dl]? 04096 Source Dnta: USES ?? 1000 R Scale: 1; 25,000 Detnil: 13-0 Datum: WG.Y34