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HomeMy WebLinkAbout20190662 Ver 1_PJD Package_20190520_20190520Jurisdictional Determination Request Version: May 2017 Page 1 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: http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/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 FIELDOFFICES US ArmyCorps of Engineers 151 Patton Avenue,Room 208 Asheville, North Carolina28801-5006 GeneralNumber: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGHREGULATORYFIELDOFFICE US ArmyCorps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina27587 GeneralNumber: (919) 554-4884 Fax Number: (919) 562-0421 WASHINGTONREGULATORYFIELDOFFICE US ArmyCorps of Engineers 2407 West Fifth Street Washington, North Carolina27889 GeneralNumber: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTONREGULATORYFIELDOFFICE US ArmyCorps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 GeneralNumber:910-251-4633 Fax Number: (910) 251-4025 INSTRUCTIONS: 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. Jurisdictional Determination Request Version: May 2017 Page 2 A. PARCEL INFORMATION Street Address: _______________________________________________ City, State: _______________________________________________ County: Parcel Index Number(s) (PIN): B. REQUESTORINFORMATION Name: Mailing Address: _________________________________________ Telephone Number: _________________________________________ Electronic Mail Address: ________________________________________ Select one: I am the current property owner. I am an Authorized Agent or Environmental Consultant 1 Interested Buyer or Under Contract to Purchase Other, please explain. ________________________________________ __________________________________________________________ C. PROPERTY OWNER INFORMATION 2 Name: Mailing Address: Telephone Number: Electronic Mail Address: _______________________________________________________________________________________________________________________ 1 Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Angier Avenue Durham, NC Durham Anna Reusche,PWS 1 Glenwood Avenue, Suite 600 Raleigh, NC 27603 (919) 747 - 5865 ✔ 0749-02-58-3545, 0749-02-596042, 0749-02-59-7030 Donald Greeley, City of Durham 101 City Hall Plaza Durham, NC 27701 919-560-4381 don.greeley@durhamnc.gov Jurisdictional Determination Request Version: May 2017 Page 3 D. PROPERTY ACCESS CERTIFICATION 3,4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on- site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Print Name Capacity: Owner Authorized Agent5 Date Signature E. REASON FOR JD 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. I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources underCorpsauthority. I intendto construct/develop a project or perform activities on this parcelwhich may require authorization from the Corps, andthe JDwould beusedto avoid and minimize impacts tojurisdictional aquatic resources and as aninitialstep in a future permitting process. I intendto construct/develop a project or perform activities on this parcelwhich 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. I intendto 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 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 be comprised entirely of dry land. Other:___________________________________________________________________ _______________________________________________________________________ 3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. 4 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). ✔ Jurisdictional Determination Request Version: May 2017 Page 4 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 acres. The property boundary (or review area boundary) is clearly physically marked on the site. 8.6 ✔ ✔ ✔ Jurisdictional Determination Request Version: May 2017 Page 5 H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: ______________________ Longitude: ______________________ 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).6 ƒNorth Arrow ƒGraphical Scale ƒBoundary of Review Area ƒDate ƒLocation of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ƒJurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ƒJurisdictional 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. ƒIsolated 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: ƒWetland 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. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) ____________________________________________________________________________ 6 Please refer to the guidance document titled “Survey Standards for Jurisdictional Determinations” to ensure that the supplied map meets the necessary mapping standards.http://www.saw.usace.army.mil/Missions/Regulatory-Permit- Program/Jurisdiction/ 35.944622 -78.847162 ✔ ✔ ✔ Jurisdictional Determination Request Version: May 2017 Page 6 Completed appropriate Jurisdictional Determination form x PJDs,please complete a Preliminary Jurisdictional Determination Form7 and include the Aquatic Resource Table x AJDs, please complete an Approved Jurisdictional Determination Form 8 Vicinity Map Aerial Photograph 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) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms Other Assessment Forms _____________________________________________________________________________ 7 www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/JD/RGL_08-02_App_A_Prelim_JD_Form_fillable.pdf 8 Please see http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Jurisdiction/ Principal Purpose:The information thatyouprovide will beusedinevaluating your requestto determine whether thereareany aquatic resources within the project areasubjecttofederaljurisdictionunder the regulatory authorities referencedabove. RoutineUses:Thisinformation maybeshared with the Departmentof Justice andotherfederal, state,and local government agencies, and the public,andmaybe made available aspartof a public notice as required byfederal law. Your nameandproperty location wherefederal jurisdiction is to bedetermined will beincluded in the approved jurisdictional determination (AJD),which will bemade available tothe public on the District's website andontheHeadquartersUSAGEwebsite. Disclosure:Submission ofrequested information is voluntary; however, ifinformation is notprovided, the requestforanAJD cannot beevaluatednorcananAJD be issued. ✔ ✔ ✔ ✔ ✔ ✔ Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A.REPORT COMPLETION DATE FOR PJD: B.NAME AND ADDRESS OF PERSON REQUESTING PJD: 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: County/parish/borough: City: Center coordinates of site (lat/long in degree decimal format): Lat.:Long.: Universal Transverse Mercator: Name of nearest waterbody: 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 10/404) SB 35.943485 -78.848367 1481 LF non-wetland waters 401/404 SC 35.943462 -78.848376 114 LF non-wetland waters 401/404 WB 35.945349 -78.846496 0.1 Acres wetland waters 401/404 WC 35.943167 -78.848213 0.2 Acres wetland waters 401/404 5/16/2019 Anna Reusche, SEPI Engineering, 1 Glenwood Avenue, Suite 600, Raleigh NC 27603 NC Durham Durham 35.944622 -78.847162 17s 694186 3980056 Northeast Creek, Stream Index 16-41-1-17-(0.3) 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:Vicinity, Aerial, USGS and Soil Maps ❑ 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: SOUTHEAST DURHAM, NC (2016) ■❑ Natural Resources Conservation Service Soil Survey. Citation: Burnam Co soil survey, Sheet 32 (1972) ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMAIFIRM maps. - 1 00-year aps:100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ❑ Photographs: I❑ Aerial (Name & Date): or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑■ Other information (please specify): DWQ Stream Identification Form IMPORTANT NOTE: The information_recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later 'urisdictional determinations. Signature and date of Regulatory staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' 1 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. ¯0 3,000 6,0001,500 Feet Angier Avenue SubdivisionDurham County, Durham NC May 2019 Figure 1Project Vicinity Proje ct Vicinity Legend PJD Request Boundary Proje ct L imits SA SB SCWC WA WB Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community 0 250 500 750 1,000Feet Legend Proje ct L imits PJD Request Boundary Potentially Jurisdictional Wetlands Potentially Jurisdictional Streams This Exhibit is for planning purposes only and shownherein does not meet NC 47-30 Requirements andtherefore is not for design, construction, or recording ortransfer of title. The Exhibit was compiled from availableinformation obtained from the sources listed below. Sources:NCDOT, NC OneMap, ESRI May 2019 ±Angier Avenue Subdivision Durham County, North Carolina Figure 2. Jurisdictional Features Map ApprovedSAW # 2 016-02181NBRRO # 16-327 Copyright:© 2013 National Geographic Society, i-cubed 0 250 500 750 1,000Feet Legend Proje ct L imits PJD Request Boundary Potentially Jurisdictional Wetlands Potentially Jurisdictional Streams This Exhibit is for planning purposes only and shownherein does not meet NC 47-30 Requirements andtherefore is not for design, construction, or recording ortransfer of title. The Exhibit was compiled from availableinformation obtained from the sources listed below. Sources:NCDOT, NC OneMap, ESRI May 2019 ±Angier Avenue Subdivision Durham County, North Carolina Figure 3. USGS Topographic Map 0 250 500 750 1,000Feet Legend Proje ct L imits PJD Request Boundary Potentially Jurisdictional Wetlands Potentially Jurisdictional Streams This Exhibit is for planning purposes only and shownherein does not meet NC 47-30 Requirements andtherefore is not for design, construction, or recording ortransfer of title. The Exhibit was compiled from availableinformation obtained from the sources listed below. Sources:NCDOT, NC OneMap, ESRI,NRCS Soil Survey May 2019 ±Angier Avenue Subdivision Durham County, North Carolina Figure 4. Soils Map Are climatic/hydrologic conditions on the site typical for this time of year? WB/WC-UP 17-May-19 0.0% Yes No Yes No Yes No Yes No Yes No Yes No Lat.: Hydric Soil Present? Sampling Point: Summary of Findings - Attach site map showing sampling point locations, transects, important features, etc. State: °Landform (hillslope, terrace, etc.): T (If no, explain in Remarks.) Are Vegetation Are "Normal Circumstances" present? Datum: naturally problematic? Hydrophytic Vegetation Present? Remarks: R Are Vegetation Long.: significantly disturbed? Local relief (concave, convex, none):Slope: Investigator(s): (If needed, explain any answers in Remarks.) City/County: , Soil / Soil Map Unit Name: , or Hydrology , Soil , or Hydrology NWI classification: Subregion (LRR or MLRA): Project/Site: Wetland Hydrology Present? Section, Township, Range: S Is the Sampled Area within a Wetland? Applicant/Owner: Sampling Date: WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region Angier Avenue City of Durham C. Sheats Flat MLRA 136 in LRR P Durham NC -78.84649635.945349 WsE-White Store sandy loam, 10 to 25 percent slopes None NAD83 flat Eastern Mountains and Piedmont - Version 2.0 US Army Corps of Engineers 0.0 Yes No Yes No Yes No Yes No Hydrology Surface Water (A1) High Water Table (A2) Saturation (A3) Water Marks (B1) Sediment Deposits (B2) Drift deposits (B3) Algal Mat or Crust (B4) Water-Stained Leaves (B9) Dry Season Water Table (C2) True Aquatic Plants (B14) Hydrogen Sulfide Odor (C1) Oxidized Rhizospheres along Living Roots (C3) Presence of Reduced Iron (C4) Recent Iron Reduction in Tilled Soils (C6) Other (Explain in Remarks) Drainage Patterns (B10) Aquatic Fauna (B13) Saturation Visible on Aerial Imagery (C9) Crayfish Burrows (C8) Moss Trim Lines (B16) Primary Indicators (minimum of one required; check all that apply) Wetland Hydrology Indicators: Field Observations: Surface Water Present? Water Table Present? Saturation Present? (includes capillary fringe) Depth (inches): Depth (inches): Depth (inches):Wetland Hydrology Present? Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Secondary Indicators (minimum of two required) Iron Deposits (B5) Surface Soil Cracks (B6) Stunted or Stressed Plants (D1) Inundation Visible on Aerial Imagery (B7) Sparsely Vegetated Concave Surface (B8) Thin Muck Surface (C7) Shallow Aquitard (D3) FAC-neutral Test (D5) Geomorphic Position (D2) Microtopographic Relief (D4) No hydrology present, does not meet wetland criteria. Vegetation does meet wetland criteria. 60 20 10 10 0 0 0 0 0 0 0 0 0 0 10 0 0 0 0 0 0 Yes No 260.0%FAC 20.0%FAC 510.0%FAC 10.0%FACU 40.0% 100 0.0% 0.0% 0.0% 0 0 0.0% 0 0 0.0% 90 270 85 340 0 0 0 0.0% 175 610 0.0% 3.486 0.0% 0.0% 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 10 0.0% 0.0% 75 0 0.0% Eastern Mountains and Piedmont - Version 2.0 Woody Vine Stratum (B) = Total Cover = Total Cover Prevalence Index is ≤3.0 = Total Cover Hydrophytic Vegetation Present? US Army Corps of Engineers Dominance Test worksheet: Total Number of Dominant Species Across All Strata: Prevalence Index worksheet: Prevalence Index = B/A = (A/B) 1 Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Problematic Hydrophytic Vegetation 1 (Explain) Herb Stratum = Total Cover Number of Dominant Species That are OBL, FACW, or FAC: Hydrophytic Vegetation Indicators: Remarks: (Include photo numbers here or on a separate sheet.) OBL species FACW species FAC species FACU species UPL species Column Totals: x 1 = x 2 = x 3 = x 4 = x 5 = (A) (A) Percent of dominant Species That Are OBL, FACW, or FAC: Total % Cover of: Multiply by: (B) Tree Stratum Shrub Stratum *Indicator suffix = National status or professional decision assigned because Regional status not defined by FWS. Dominance Test is > 50% 0 0 0 0 55 0.0% 0.0% 0.0% 0.0% 73.3%FACU 0 0 0 0 0 0.0% 0.0% 0.0% 0.0% 0 0.0% = Total Cover Sapling-Sapling/Shrub Stratum 1. 0 0 0.0% 0.0% 0 0 0.0% 0.0% 0 0 0.0% 0.0% Definition 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 stratum – Consists of woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. Shrub stratum – Consists of woody plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. Herb stratum – Consists of all herbaceous (non-woody) plants, including herbaceous vines, regardless of size, and woody species, except woody vines, less than approximately 3 ft (1 m) in height. Woody vines – Consists of all woody vines, regardless of height. WB/WC-UPSampling Point: ) ) ) ) ) Morphological Adaptations 1 (Provide supporting data in Remarks or on a separate sheet) Rapid Test for Hydrophytic Vegetation 20 26.7%FACU 0 0 0.0% 0.0% 0 0.0% VEGETATION (Five/Four Strata)- Use scientific names of plants. 0 0.0% Tree stratum – Consists of woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/shrub stratum – Consists of woody plants, excluding vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall. Herb stratum – Consists of all herbaceous (non-woody) plants, regardless of size, and all other plants less than 3.28 ft tall. Woody vines – Consists of all woody vines greater than 3.28 ft in height. Four Vegetation Strata: Five Vegetation Strata: Liquidambar styraciflua Nyssa sylvatica Pinus taeda Liriodendron tulipifera (Plot size:30' circular (Plot size: (Plot size: (Plot size:30' circular Carex spp. (Plot size:15' circular Lonicera japonica Parthenocissus quinquefolia Dominant Species? Rel.Strat. Cover Absolute % Cover Indicator Status 1 1 1 1 2. 3. 4. 5. 6. 7. 8. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 1. 2. 3. 4. 5. 6. 7. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 1. 2. 3. 4. 5. 6. WB/WC-UPSoilSampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth (inches) Color (moist) Color (moist) Matrix Redox Features %Loc²Texture RemarksType% Yes No Hydric Soil Indicators: Indicators for Problematic Hydric Soils : Restrictive Layer (if observed): Hydric Soil Present? Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Histosol (A1) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Depleted Below Dark Surface (A11) Thick Dark Surface (A12) Sandy Muck Mineral (S1) (LRR N, MLRA 147, 148) Sandy Gleyed Matrix (S4) Sandy Redox (S5) Stripped Matrix (S6) Loamy Gleyed Matrix (F2) Depleted Matrix (F3) Redox Dark Surface (F6) Depleted Dark Surface (F7) Type: Depth (inches): Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 Dark Surface (S7) Stratified Layers (A5) Polyvalue Below Surface (S8) (MLRA 147,148) Redox Depressions (F8) 1 1 3 3 Thin Dark Surface (S9) (MLRA 147, 148) Iron-Manganese Masses (F12) (LRR N, MLRA 136) Umbric Surface (F13) (MLRA 136, 122) Piedmont Floodplain Soils (F19) (MLRA 148) Type: C=Concentration. D=Depletion. RM=Reduced Matrix, CS=Covered or Coated Sand Grains ²Location: PL=Pore Lining. M=Matrix 2 cm Muck (A10) (LRR N) 10-14+ 0-10 10YR 10YR 5/4 4/4 100 100 Loam Loam Soil does not meet wetland criteria. Other (Explain in Remarks) 2 cm Muck (A10) (MLRA 147) Piedmont Floodplain Soils (F19) (MLRA 136, 147) Very Shallow Dark Surface (TF12) Coast Prairie Redox (A16) (MLRA 147,148) Red Parent Material (F21) (MLRA 127, 147) Are climatic/hydrologic conditions on the site typical for this time of year? WB/WC-WET 17-May-19 10.0% Yes No Yes No Yes No Yes No Yes No Yes No Lat.: Hydric Soil Present? Sampling Point: Summary of Findings - Attach site map showing sampling point locations, transects, important features, etc. State: °Landform (hillslope, terrace, etc.): T (If no, explain in Remarks.) Are Vegetation Are "Normal Circumstances" present? Datum: naturally problematic? Hydrophytic Vegetation Present? Remarks: R Are Vegetation Long.: significantly disturbed? Local relief (concave, convex, none):Slope: Investigator(s): (If needed, explain any answers in Remarks.) City/County: , Soil / Soil Map Unit Name: , or Hydrology , Soil , or Hydrology NWI classification: Subregion (LRR or MLRA): Project/Site: Wetland Hydrology Present? Section, Township, Range: S Is the Sampled Area within a Wetland? Applicant/Owner: Sampling Date: WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region Angier Avenue City of Durham C. Sheats Depression MLRA 136 in LRR P Durham NC -78.84649635.945349 WsE-White Store sandy loam; WvE2- White Store clay loam, eroded PFO NAD83 concave Wetland located in floodplain depression. Eastern Mountains and Piedmont - Version 2.0 US Army Corps of Engineers 5.7 12 12 Yes No Yes No Yes No Yes No Hydrology Surface Water (A1) High Water Table (A2) Saturation (A3) Water Marks (B1) Sediment Deposits (B2) Drift deposits (B3) Algal Mat or Crust (B4) Water-Stained Leaves (B9) Dry Season Water Table (C2) True Aquatic Plants (B14) Hydrogen Sulfide Odor (C1) Oxidized Rhizospheres along Living Roots (C3) Presence of Reduced Iron (C4) Recent Iron Reduction in Tilled Soils (C6) Other (Explain in Remarks) Drainage Patterns (B10) Aquatic Fauna (B13) Saturation Visible on Aerial Imagery (C9) Crayfish Burrows (C8) Moss Trim Lines (B16) Primary Indicators (minimum of one required; check all that apply) Wetland Hydrology Indicators: Field Observations: Surface Water Present? Water Table Present? Saturation Present? (includes capillary fringe) Depth (inches): Depth (inches): Depth (inches):Wetland Hydrology Present? Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Secondary Indicators (minimum of two required) Iron Deposits (B5) Surface Soil Cracks (B6) Stunted or Stressed Plants (D1) Inundation Visible on Aerial Imagery (B7) Sparsely Vegetated Concave Surface (B8) Thin Muck Surface (C7) Shallow Aquitard (D3) FAC-neutral Test (D5) Geomorphic Position (D2) Microtopographic Relief (D4) Hydrology meets wetland criteria. Dense sapling and herb layers. Vegetation meets wetland criteria. 80 20 0 0 0 0 0 0 0 0 0 0 0 0 75 15 10 10 0 0 0 Yes No 680.0%FAC 20.0%FACW 70.0% 0.0% 85.7% 100 0.0% 0.0% 0.0% 15 15 0.0% 40 80 0.0% 225 675 15 60 0 0 0 0.0% 295 830 0.0% 2.814 0.0% 0.0% 0.0% 68.2%FAC 13.6%OBL 9.1%FACW 9.1%FACW 0.0% 110 0.0% 0.0% 20 0 0.0% Eastern Mountains and Piedmont - Version 2.0 Woody Vine Stratum (B) = Total Cover = Total Cover Prevalence Index is ≤3.0 = Total Cover Hydrophytic Vegetation Present? US Army Corps of Engineers Dominance Test worksheet: Total Number of Dominant Species Across All Strata: Prevalence Index worksheet: Prevalence Index = B/A = (A/B) 1 Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Problematic Hydrophytic Vegetation 1 (Explain) Herb Stratum = Total Cover Number of Dominant Species That are OBL, FACW, or FAC: Hydrophytic Vegetation Indicators: Remarks: (Include photo numbers here or on a separate sheet.) OBL species FACW species FAC species FACU species UPL species Column Totals: x 1 = x 2 = x 3 = x 4 = x 5 = (A) (A) Percent of dominant Species That Are OBL, FACW, or FAC: Total % Cover of: Multiply by: (B) Tree Stratum Shrub Stratum *Indicator suffix = National status or professional decision assigned because Regional status not defined by FWS. Dominance Test is > 50% 0 0 0 0 10 0.0% 0.0% 0.0% 0.0% 50.0%FAC 0 30 20 10 5 0.0% 46.2%FAC 30.8%FAC 15.4%FAC 65 7.7%FACU = Total Cover Sapling-Sapling/Shrub Stratum 1. 0 0 0.0% 0.0% 0 0 0.0% 0.0% 0 0 0.0% 0.0% Definition 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 stratum – Consists of woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. Shrub stratum – Consists of woody plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. Herb stratum – Consists of all herbaceous (non-woody) plants, including herbaceous vines, regardless of size, and woody species, except woody vines, less than approximately 3 ft (1 m) in height. Woody vines – Consists of all woody vines, regardless of height. WB/WC-WETSampling Point: ) ) ) ) ) Morphological Adaptations 1 (Provide supporting data in Remarks or on a separate sheet) Rapid Test for Hydrophytic Vegetation 10 50.0%FACU 0 0 0.0% 0.0% 0 0.0% VEGETATION (Five/Four Strata)- Use scientific names of plants. 0 0.0% Tree stratum – Consists of woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/shrub stratum – Consists of woody plants, excluding vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall. Herb stratum – Consists of all herbaceous (non-woody) plants, regardless of size, and all other plants less than 3.28 ft tall. Woody vines – Consists of all woody vines greater than 3.28 ft in height. Four Vegetation Strata: Five Vegetation Strata: Acer rubrum Quercus phellos Acer rubrum (Plot size:30' circular (Plot size:30' circular Carpinus caroliniana Liquidambar styraciflua Viburnum prunifolium (Plot size: (Plot size:30' circular Microstegium vimineum Phalaris arundinacea Sambucus nigra Impatiens capensis (Plot size: Toxicodendron radicans Parthenocissus quinquefolia Dominant Species? Rel.Strat. Cover Absolute % Cover Indicator Status 1 1 1 1 2. 3. 4. 5. 6. 7. 8. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 1. 2. 3. 4. 5. 6. 7. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 1. 2. 3. 4. 5. 6. WB/WC-WETSoilSampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth (inches) Color (moist) Color (moist) Matrix Redox Features %Loc²Texture RemarksType% Yes No Hydric Soil Indicators: Indicators for Problematic Hydric Soils : Restrictive Layer (if observed): Hydric Soil Present? Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Histosol (A1) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Depleted Below Dark Surface (A11) Thick Dark Surface (A12) Sandy Muck Mineral (S1) (LRR N, MLRA 147, 148) Sandy Gleyed Matrix (S4) Sandy Redox (S5) Stripped Matrix (S6) Loamy Gleyed Matrix (F2) Depleted Matrix (F3) Redox Dark Surface (F6) Depleted Dark Surface (F7) Type: Depth (inches): Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 Dark Surface (S7) Stratified Layers (A5) Polyvalue Below Surface (S8) (MLRA 147,148) Redox Depressions (F8) 1 1 3 3 Thin Dark Surface (S9) (MLRA 147, 148) Iron-Manganese Masses (F12) (LRR N, MLRA 136) Umbric Surface (F13) (MLRA 136, 122) Piedmont Floodplain Soils (F19) (MLRA 148) Type: C=Concentration. D=Depletion. RM=Reduced Matrix, CS=Covered or Coated Sand Grains ²Location: PL=Pore Lining. M=Matrix 2 cm Muck (A10) (LRR N) 6-14 0-6 10YR 10YR 4/2 4/2 60 80 10YR 10YR 5/6 5/6 40 20 C C M M Loam Loam Soil meets wetland criteria. Other (Explain in Remarks) 2 cm Muck (A10) (MLRA 147) Piedmont Floodplain Soils (F19) (MLRA 136, 147) Very Shallow Dark Surface (TF12) Coast Prairie Redox (A16) (MLRA 147,148) Red Parent Material (F21) (MLRA 127, 147)