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Home My WebLink About20090977 Ver 1_401 Application_20090909CLEARWATER ENVIRONMENTAL CONSULTANTS, INC. 718 Oakland Street LETTER OF TRANSMITTAL RI_C! lVE N.C. Dent. of ENR SEP Q' 12 ilendersonville, NC 28791 1 0 9- 0 9 7 7 (828) 698-9800 FAX (828) 698-9003 1s. Sue Ilomew(-y6dd NC Division of Water Quality 585 Waughtown Street Winston-Salem, NC 27107 DATE: 08.27.09 ROJE ov na l no ATTENTION: Sue Homewood RE: Loparex WE ARE SENDING YOU ® ATTACI11-1) ? UNDER SEPARATE COVER VIA 'I'l IE FOLLOWING ITEMS: COPIES DATE; NO. DESCRIP'T'ION 1 08.27.09 Courtesy Co of Permit Application l 13 P y THESE ARE TRANSMI'ITED AS CHECK BELOW: ? For approval ? Approved as submitted ? Resubmit copies for approval ? For your use ? Approved as noted ? Submit copies for distribution ? As requested ? Returned for corrections ? Return corrected prints ? For review and comment ? Materials returned after loan to us ? RI:iMARKS: Attached is a courtesy copy of the permit application submitted for Loparex. S? F1 Please do not hesitate to call (828)_698-9800 il'you have any further questions. C!-'P 1 0 ' ipq DENR - WATER QUALITY COPY TO: SIGNED: Rebekah Newton CLEARWATER ENVIRONMENTAL CONSULTANTS, INC. CLEARWATER LNVIRONMENIAL CONSULTANTS, INC. August 27, 2009 Mr. Andy Williams US Army Corps of Engineers Raleigh Regulatory Field Office 3331 LleritageTrade Drive, Suite 105 Wake Forest, North Carolina 27587 RE: Loparex, Inc. Rockingham County, North Carolina Mr. Williams, The attached Pre-Constriction Notification (PCN) is being submitted on behalf of Loparex, Inc. represented by Mr. Bob Brownlee. The Loparex facility consists of approximately 23 acres in Eden, Rockingham County, North Carolina. The applicant is seeking Nationwide Permit 39 for expansion and improvement to the existing facility and infrastructure. Should you have any questions regarding the attached PCN and supplemental information please do not hesitate to contact me at 828-698-9800. A courtesy copy of this application has also been submitted to the NC Division of Water Quality, Raleigh Regional Office. Respectfully, "- Rebekah L. Newton R. Clement Riddle, RW.S Project Biologist Principal Copy Furnished: NC Division of Water Quality, Raleigh -- Sue Homewood (courtesy copy) 718 Oakland Street I lendersonvilie, North Carolina 28791 Phone: 828-698-9800 Fax: 828-698-9003 www.cwenv.corn Corps Submittal Cover Sheet Please provide the following info: 1. Project Name: I,_oparex 2. Name of Property Owner/Applicant: I.gparex, Inc. 3_ Nance of Consultant/Agent: ClearWater Environmental Consultants, Inc. 'Agent authorization needs to be attached. 4. Related/previous Action ID numbers(s): 200420315 and 200220097 5. Site Address: 816 Fieldcrest Road 6. Subdivision Name: N/A 7. City: Eden 8. County: Rockingham 9. Lat: 36.512499 °N _ Long: 79.711036 °W (Decimal Degrees Please) 10. Quadrangle Name: NE Eden 11. Waterway: UT Dry Creek 12. Watershed: Roanoke; IIUC 03010103 (Qp er Dan 13. Requested Action: Nationwide Permit # 39 General Permit # Jurisdictional Determination Request Pre-Application Request The following information will be completed by the Corps office: AID: Prepare File Folder ____ Assign number in ORM Begin Date Authorization: Section 10 Section 404 Project Descriptiott/Nature of Activity/Project Purpose: Site/Waters Name: Keywords: 08/25/2009 21:58 2567396797 LOPAREX LLC PAGE 02/02 CLEARWATrm ENVIRONMENTAL CONSULTANTS, INC. Dc partment of the Army Wilmington District, Corps of Engineers .Attn: Ken Jolly, Chief Regulatory Division P() Box 1890 Wilmington, Nord). Carolina 28402-1890 -arid NC Division of Water Quality A tx1: Cyndi Karoly 1650 Mail. Service Center Raleigh, NC 27699-1650 w 'RECEIVED N.C. Oeot. of ENR SEP 0 1.2009 Wlnalon-5alom Roylonal off-,ca I, the current landowner/managing partner of the property identified below, herebv authorize ClearWater Environmental Consultants, Inc. (CEC) to act on uny behalf-as my agent during the processing of pennits to impact Wetlands and Waters of tlxe US f hat are rel;ulated by the Clean Water Act and the Rivers and Harbors .Act. CE ,'C is authorizcd to provide supplemental information needed for permit processi(ag at tho request of ffie USACE or DWQ, Property Owner of Record: I.OP?1 R Property Owner Address: ! 7? S S" ? "-`' v +7 e y 0 0 Phone number:_? Property Location: Z.? ? B g Omu-10Y/Managing partner Signature: Date: 718 Oakland Street HonderSOMMs, North Carolina 28791 Phone: 828-698-98o0 FOX: 828-690-9003 www.owenv,com .09-0977 ' A) r:9 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification PC Form A. ---_ APpGcant Inf ormation - ---- - -- 7 . Processing P P 0 1 a. Type(s) of approval sought from the - - _ µ ®Section 404 Permit El Section 10 Permit , Corps; 1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: - 1 c. Has the NWP or GP number been verified by the Corps? ?.. ---- _ ? Yes ® No 1 d. _ -_ - - _ Type(s) of approval sought from the DWQ (check all that apply): - -- .----- -.----- ? 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization 1 e. Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit: _ because written approval is not required? Certification: ® Yes ? No ? Yes ® No 1 f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation ? Yes ® No of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h ? Yes ® No - below. 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No - 2. Project Information -- 2a. Name of project: - Loparex 2b. County: Rockingham _ - 2c. Nearest municipality f town: - Eden --- 2d. Subdivision name: n1a 2e. NCDOT only, T.I.P. or state n/a project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Loparex, Inc. 3b. Deed Book and Page No. Not available. 3c. Responsible Party (for LLC if Mr Bob Brownlee --_ applicable): _ _------- ------ --- ----- . 3d. Street address: ... .... ....... _.. 816 Fieldcrest Road - - - - - 3e. City, state, zip-- Eden, North Carolina 27288 __.-..----- -- 3f. Telephone no.: ------.. 336-635-0192 _.._........ ---- ------- -- 3g. Fax no.: nla 3h. Email address: ---------- ---- - - ---- n/a ------- Page I of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if diffe ------- ----._._..---- ---------- -..- .............. - rent from owner) - ........ ................... 4a. Applicant is: - -- ? Agent ® Other, specify: owner 4b. Name: .....------- ---....... -- - 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: `-` 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) - µ - - 5a. Name: Mr. R. Clement Riddle 5b. Business name (if applicable): ClearWater Environmental Consultants, Inc. (CEC) 5c. Street address: 718 Oakland Street 5d. City, state, zip: Hendersonville, North Carolina 28791 5e. Telephone no.: 828-698-9800 --- -- -- ---- 5f. Fax no.: 828-698-9003 - ---- 5g. Email address: rebekah@cwenv.com Page 2 of 11 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification - 1 a. Property identification no. (tax PIN or parcel ID): - --- -- - .._................. --- --- -- 709009056708 1 b. Site coordinates (in decimal degrees): Latitude: 36.512499 Longitude: - 79.711036 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: +/- 23 acres ---- 2. Surface Waters -_--- -- -- ._....------ 2a. Name of nearest body of water (stream, river, etc.) to UT Dry Creek 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: The project site contains the existing Loparex manufacturing plant and associated infrastructure. The site is partially wooded and is bisected by an unnamed tributary to Dry Creek. There is one railroad crossing existing on the site. This crossing is also on the unnamed tributary to Dry Creek and is approximately 115 linear feet. To the best of our (CEC's) knowledge, this crossing was installed in 1995. 3b. List the total estimated acreage of all existing wetlands on the property: There are no wetlands on the property. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Approximately 850 linear feet of stream exist on the property. -- - -- ---- -'- 3d. Explain the purpose of the proposed project: - - ^--- - - - The purpose of the proposed project is to develop additional parking area to accommodate additional employees at the Loparex facility which is expanding. 3e. Describe the overall project in detail, including the type of equipment to be used: T The project includes the installation of a 34 linear foot culvert in an unnamed tributary to Dry Creek. Typical construction and earth-moving equipment will be utilized on site. 4. Jurisdictional Determinations - 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ? Yes ® No ? Unknown Comments: The Corps has visited the site-, however, an official JD has not been obtained. 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. Page 3 of 11 PCN Form - Version 1.3 December 10, 2008 Version 5. Project History .----- -- ----- 5a. Have permits or certifications been requested or obtained for I ®Yes ? No this project (including all prior phases) in the past? I ? Unknown 5b. If yes, explain in detail according to "help file" instructions, A Nationwide 39 was issued to Loparex, Inc, on October 21, 2001 for impacts to 146 linear feet (Action ID 200220097) of an unnamed tributary to Dry Creek associated with expansion of the facility. This permit expired and was reissued on December 3, 2005 (Action ID 200420315). To date, authorized activities associated with the permit have not taken place at the site. There is one railroad crossing existing on the site. This crossing is also on the unnamed tributary to Dry Creek and is approximately 115 linear feet. To the best of GEC's knowledge, this crossing was installed in 1995. CEC has been unable to obtain the permit authorizations for this crossing. This crossing may have been permitted through the Town of Eden as it is CEC's understanding that the Town was responsible for the installation of this culvert. 6. Future Project Plans 6a. Is this a phased project? ? Yes ® No 6b. If yes, explain. Page 4 of 11 PCN Form - Version 1.3 December 10, 2008 Version 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) Temp ora T W 1 ? P ? T ? Yes ? Corps ? No ? DWQ W2 ? P ? T ? Yes ? Corps ? No ? DWQ W3 ? P ? T ? Yes ? Corps ? No ? DWQ W4 ? P ? T ? Yes ? Corps ? No ? DW Q W5 ? P ? T ? Yes ? Corps --.__...... ?__ __...__. --- ? No ? DWQ ? Yes ------- Q Corps W6 ? PEI T ? 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. 39. 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) S1 ®P ? T Culvert UT Dry Creek PER INT ® Corps ® DWQ 3 34 S2 ? P ? T ? PER ? Corps - ...._....._.... - ---- .._•-_. _._..........._.. ? INT _...... ? DWQ ------ --- S3 ? P ? T ? PER ? Corps -- -- _._ _.-- ? INT ? DWQ S4 ? P ? T ? PER ? Corps _ ... -- .. -- --._. _. ? INT - - . ? DWQ S5 ? PEI T _ .... - ? PER -- .... - --- ? Corps -•.... -.-... ....... ... . ? INT ? DWQ S6 ? P ? T ? PER ? Corps -__.- _-- --.-__..._.------.----._.._.. -__. ? INT ? DWQ 3h. Total stream and tributary impacts 34 3i. Comments: Thirty-four linear feet of stream impacts are proposed for the crossing. There is an existing 115-linear foot railroad crossing at the site. Total cumulative impacts at the site will total 149 linear feet. Page 5 of 11 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 individually list all open water impacts below. 4a . 4b. 4c. 4d. ._ 4e. Open water Name of waterbody impact number- (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary (T)_-_ 01 ? P ? T 02 El P [_1 T 03 ?P?T 04 ?P?T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction - - If pond or lake construction. proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Pond ID proposed use or purpose Wetland Impacts (acres) Stream Impacts (feet) Upland number of pond Flooded Filled Excavated (acres} Flooded Filled Excavated Flooded - P1 ...._........ - --- - _ - - -- - -..?. P2 5C Total 5g. Comments: - r.. 5h. Is a dam high hazard permit required? - ? Yes ? No --' _...-- If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): - 5k. Method of construction: 6. Buffer Impacts (for DWQ) - ' ' If project will impact a protected riparian b uffer, then complete t he chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fi ll out Section D of this form, ? 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 Str eam name mitigation (square feet) (square feet) --Temporary---(T) impact- required?. B1 ?P?T ?Yes ? No B2 ?P?T ?Yes - - ? No B3 ? P ? T El Yes -- ._ ---- 6h. Total b uffer impacts . ..--- 61. Comments: Page 6 of 11 PCN Form -Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The culvert has been designed with headwalls to minimize the impact necessary to cross the unnamed tributary. The proposed parking area will be used for parking cars and trailer storage. The entrance road to the complex of manufacturing plants continues past the Loparex facility and runs adjacent to the open field where additional parking is proposed. This entrance road already consists of a culverted crossing across the UT to Dry Creek. The existing road and crossing were not utilized for entrance to the newly proposed parking area for two reasons. One, the entrance road is two lanes at that location. Large trucks turning into and out of that area would have difficultly. With the parking as proposed, large trucks can enter one of Loparex's two northern entrances off the main entrance road which is wider and divided and enter the entrance to the new parking area at a more manageable and appropriate angle. And two, the entrance road adjacent to the open field is not owned by Loparex and Loparex does not have a right-of-way to use this _portion of road. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. All work can be done from the banks. All construction equipment will be inspected prior to use to ensure it is in clean, working order with no leaks that could contaminant the stream reach. 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 21). if yes, mitigation is required by (check all that apply) 2c. If yes, which mitigation option will be used for this project? 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. 4b. Stream mitigation requested: 4c. If using stream mitigation, stream temperature: 4d. Buffer mitigation requested (DWQ only): 4e. Riparian wetland mitigation requested: 4f. Non-riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested: 4h. Comments: ? DWQ ? Corps ? Mitigation bank ? Payment to in-lieu fee program ? Permittee Responsible Mitigation Type I Quantity ? Yes linear feet ? warm _._...._..._? cool square feet acres acres acres 5. Complete if Using a Permittee Responsible Mitigation Plan ?cold 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form -- Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ? Yes ? No buffer mitigation? 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. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (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 8 of 11 PCN Form - Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) -----_---...-^ 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ? Yes No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ? Yes ? No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 27% 2b. Does this project require a Stormwater Management Plan? ® Yes' ? No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: - T 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The plan includes use of a catch basin, grassed Swale, and dry detention basin to capture and treat stormwater runoff from the newly proposed parking facility. ? 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 3b. Which of the following locally-implemented stormwater management programs E) NSW apply (check all that apply): ? USMP ? 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 4a. Which of the following state-implemented stormwater management programs apply El HQW ? ORW (check all that apply); ? Session Law 2006-246 ? Other.- 4b. Has the approved Stormwater Management Plan with proof of approval been .__ .._ .- __--._.--- attached? ? Yes ? No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Y es ? No 5b. Have all of the 401 Unit submittal requirements been met? ® Yes ? No Page 9 of 11 PCN Form - Version 1.3 December 10, 2008 Version ------ ..... ..... _.._ --- .....__............. F. Supplementary Information 1. 'Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the r] Yes use of public (federal/state) land? ®No lb. 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)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ? Yes ? No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated ` Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ? Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): A 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in El 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. This project includes improvements to an existing facility and infrastructure. These improvements will not result in additional development that will impact nearby downstream water quality. 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. Additional wastewater will not be generated as a result of this project. Current wastewater is treated at the local municipal facility. Page 10 of 11 PCN Form - version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requiremen --- ---- - t) - - - --- 5a. Will this project occur in or near an area with federally protected species or - ----- - ---- ? Yes No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act [] Yes ® No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. El Raleigh ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? FWS County data and the Natural Heritage Virtual Workroom. Two permits were previously issued for this site without endangered species or critical habitat issues. 6. 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? South Atlantic Habitat and Ecosystem ]MS. Impact will not occur in a marine system, 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? National Parks Service; National Register of Historic Places; National Register Information System database. Five properties listed on the National Register of Historic Places are located within 3 mile of the project site with the closest site located approximately 2.5 miles from the project site. These properties are Cascade Plantation (NIPS Reference # 75001288), St. Luke Episcipal Church (NIPS Reference # 89000177), Spray Industrial Historic District (NPS Reference # 86003371), Boone Road Historic District (NPS Reference # 87001455), and the Leaksville-Spray Institute (NPS Reference # 89000179). The latter four properties/districts are located to the west of the project site across Smith River. Activities at the project site should not threaten the integrity of these sites. _...._._ __.__._....._._-.._....... . 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? FEMA Map Service Center; Map Panel 3710709000J, Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant -----.___-- is provided. Page I I of 11 PCN Form - Version 1.3 December 10, 2008 Version Lo p a rex ' 622 51i `C tot X x y ro N e Or 17 N? ? ` i dN dtTor6 1 Z 1 10 ? ` . ?1 SµtY02 12A SR vi h^^b 1e,01D rv 1 1 SR 1717 Sunset 6n SR 7" N t?1§ Bedto,d 0, \a 1714 ID ? 11 17Jm N , d ,o p Approximate Site p Ye l! St o' ? Boundary M°, a n - Roo3uvo - yt h? low, 9 0 ?,en1 ooSg SR 1147 y o .. d 5ns + we pe1a* ie ^ h CV? Ik*eec? gS)•z?AJ u Q ° ? s a'8d iP - .. ?? Sr ° SR 19fi2 5? Wova 8t 7r e' C - t1 , tan ?vo µatY b o ? Np 0. i. r N e SR 1750 F k -: ;? et?e11 $1 / , i hy11 $1 F 10fi N .. ?3 0 ? ??9a { tt + wooirow RYA _ Y v1 y Y N ' y V h Li t1 'rn8 St b y f ps A s NpNp TO `. lY, Y ? 1 SR 1700 0 e? o y ° a s + , 1T1' +a° Sn2d10 a b' 3R i1ra5 The Bwd; N $ $ N d86? N a. j Edon I'f g?'o,. ? 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I JEk :9? l ` dj fig`. k i to t 1 ? d s ? 1'f ?3S i H I•t?il?ikt ? E'f ?{ dfa kl n m i I S $ ? I ? TEMPORARY I$' wr r. ft rrrrw rwrrr¦ DIVERSION 14 PIPING rw¦w r r w r rr r rrr ?wrrw. r ruwwrrwwrrr STREAM } 1? A j? A. I Tt; 2' NEW PERMANENT 3$" RETAINING UPSTREAM CULVERT (2) COFFER DAM WALL RETAINING/HEA - DOWNSTREAM. EAR WALL COFFER DAM PLAN VIEW A-A nErA? -----2.2' DRIVEWAY SID 4' RETAININ wALL ELEV. 593, RETAINING/HEAD PUKE CULVERT 7.2' BELO' 1? T l I > f ( I "1J 1 1 l ll I 1r 1 PLACE CULVERT 7.2" I I - : 1 [. II [} -II. 1! 1 l.. l I J EXIS71NO CREEK BED. "STING CREEK B „1 1, ?,KXISTIN`C _CREEK 8ED RCP W. ELEV. 586.9 INV. ELEV. 587. EXCAVATE UNSUITABLE SOIL AND REPLACEWITH COMPACTED PROFILE VIEW ABC STONE-ENSURE A MINIMUM OF 8" COMPACTED ABC STONE. NOTE: CULVERT INSTALLATION TO BE COMPLETED DURING PERIODS WERE LV R RAIN IS NOT EXPECTED CREEK BOSSING SECTION DETAIL N=T•S. CREEK BED PIPE CONSTRUCTION SCHEDULE 1. Obtain plan approval and other applicable permits from Army Corps of Engineers and/or NCDWCI. 2. Install temporary creek diversion piping snug against existing creek bank. 3. Install upstream coffer dam. 4. Inetoll downstream coffer dam. 5. Excavate area for culvert as needed and install compacted ABC stone. 6. Install headwolls and new culvert. Ensure that Inlet and outlet of the culvert Is 2" below existing creek bad. 7. Backflll area over culvert. 8. Bank must be stabilized with erosion and sediment control measures in place between bank area and creek 9. Remove downstream coffer dam. 10. Remove upstream coffer dam and temporary diverslon piping and redirect stream thru new culvert. Odom &Associates h Lull j Engineering, Inc. 152 BAST MAIN STREET FOREST CTTY, N.C. 28043 LOPAREX BUILDING EXPANSION STREAM CROSSING DETAIL AUGUST 27, 2009 SCALE: N.T.S. Loparex Loparex Jurisdictional Determination Information APPROVED JURRISDICTIONAI, DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by lbllowing the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPOI F COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINA'T'ION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: NC County/parish/borough: Rockingham City: Eden Center coordinates of site (lat/jong in degree decimal format): Lat. 36.512499° N, Long. 79.71 1036° W. Universal Transverse Mercator: Name of nearest waterbody: U'I' Dry Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Dan River Name of watershed or Hydrologic Unit Code (I IUC): 03010103 Upper Dan Z Check if map/diagram of review area an(l/or potential jurisdictional areas is/are available upon request. [] Check if other sites (e,g„ ofaite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JI) form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALI, THAT APPLY): Office (Desk) Determination. bate: I"ield Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RIIA SECTION TO DETERMINATION OF "ISDICTION. There Amno "navigable avalers of the U.S." within lZivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required) ? Waters subject to the ebb and flow of the tide. Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SEC'T'ION 404 DE'T'ERMINATION OF JURISDICTION. There Are "waters ofthe US." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Requirec(j 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): a C? TNWs, including territorial seas ? Wetlands adjacent to TNWs ® Relatively permanent watersz (IZPWs) that flow directly or indirectly into TNWs Non-RPWs that flow directly or indirectly into TNWs [] Wetlands directly abutting RPWS that flow directly or indirectly into TNWs Wetlands adjacent to but not directly abutting IZPWs that flow directly or indirectly into TNWs ? Wetlands adjacent to non-RI'Ws that flow directly or indirectly into TN Ws ? hnpoundrnents ofjurisdiclional waters ? Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non-wetland waters: 850 linear feel: 4 width (Il) and/or 0.08 acres. Wcih+nds: acres. c. Limits (boundaries) of jurisdiction based on: Established by OHWM. Elevation of established OH WM (if known): 2. Non-regulated waters/wetlands (check if applicable):3 ? Potential ly.jorisdictional waters and/or wetlands were assessed within the review area and determined lobe not jurisdictional. I_ Xplain: Boxes checked below shall be supported by conipleling the appropriate sections in Section Ill below, For purposes ol'this loran, ;m lzpw is defined as a arihutary That is not a '['NW and thol lypicall}' flows year-round or has continuous (low at Icast "scusonalh" (e.g., Typically 3 months) ' Supporting documentation is presented m Section UI F. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TiVW, complete Section III.A.l and Section II.i.D.l, only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.I and 2 and Section III.D.I.; otherwise, see Section III.B below. 1. TNW Identify'INW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERISTICS OF TRIBUTARY (TIIAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanoshave 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 IILD.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.C below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Pick List Drainage area: Pick List Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Rditionship„with'I'NW_ ? 1'ributary flows dircclly into TNW. ? Tributary flows through Pick List tributaries belore entering TNW. Project waters are Pick List river miles from TNW. Project waters are Pick List river miles from R.PW. Project waters are Pick List aerial (straight) mites from TNW, Project waters are Pick List aerial (straight) miles from RI1W, Project waters cross or serve as state boundaries. lixplain: ldentify flow route to TNW5: Tributary stream order; if known: Note that the instructional (:nri(lebook contains additional information regnrding swales, ditches, washes, and erosional features g West enerally and m the and . How route can he described by identifying, e.g., tributary a, which tlows Through the review area, to flow info tributary b. which dren flows into TNW. {b) Gcnereil bit tiuy_Characteristies check all that ??pplyj 't'ributary is: ? Natural ? Artificial (man-made). Explain: ? Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Pick List. Primary tributary substrate composition (check all that apply): ? Silts ? Sands ? Concrete ? Cobbles ? Gravel ? Muck ? Bedrock ? Vegetation. Type/%covcr: ? Other. Explain: Tributary condition/stability [c.g., highly eroding, sloughing banks]. Explain: Presence ofrun/riffle/pool complexes. 13xplain: 't'ributary geometry: Pick - list Tributary gradient (approximate average slope): % (c) Flow: Tributary provides for: Pick List Estimate average number of flow events in review aredycar: Pick List Describe flow regime: Other information on duration and volume: Surface flow is: Pick List. Characteristics; Subsurface flow: Pick List. Explain findings: ? Dyc (or other) test performed: "Tributary has (check all that apply): ? Bed and banks ? Off WM6 (check all indicators that apply): ? clear, natural line impressed on the bank ? ? changes in the character of soil ? ? shelving ? ? vegetation matted down, bent, or absent ? ? leaf litter disturbed or washed away ? ? sediment deposition ? ? water staining ? ? other (list): ?I)iscontinuousOI1WM.7 Explain: the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line seditent sorting scour multiple observed or predicted flow events abrupt change in plant eomtrlunity If factors other than the OIIWM were used to determine lateral extent ofCWA,jurisdiction (check all that apply): ? high Tide line indicated by: ? Mcan fligh Water Mark indicated by: ? oil or scum line along shore obicets ? survey to available datum; ? fine shell or debris deposits (foreshore) ? physical markings; ? physical markings/cltaracteristies ? vegetation lines/changes in vegetation types. ? tidal gauges ? other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is cleat', discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: "A natural or man-made discontinuity in the Off W M flocs 1101 necessarily sever jurisdiction (e g., where the strearn temporarily flows underground, or where the OHWM has heen removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the wa(crbody's flow regime (e.g., now over a rock outcrop or through a culvert), the agencies will look for indicators of Ilow above and below the break- 'Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ? Riparian corridor. Oiaracteristics (type, average widilr): ? Wetland fringe. Characteristics: ? Habitat for: ? Federally Listed species. Explain findings: ? Fish/spawn areas. Explain findings: ? Other environmentally-sensitive species. Explain findings: ? Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: -- Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow_Releitionship with Non=TNW: Flow is: Pick List. Explain: Surface flow is: PickList Characteristics: Subsurface flow: Pick List. Explain findings: ? Dye (or other) test performed: (c) Wetland Adiacenev Determination with Non- TNW: ? Directly abutting ? Not directly abutting ? Discrete wetland hydrologic connection. F",,'-plain: ? Ecological connection. F,xplain: ? Separated by berm/barrier. Explain: (d) Proximity i?tcl_ttionshi to TNW Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial (straight) miles from'.INW. Flow is frorn: Pick List. Estimate approximate location of wetland as within the Pick List floodplain. (if) Chemical Characteristics: Characterize wctland system (e.g., water color is clear, brown, oil film on surf ice; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ? Riparian buffer. Characteristics (type, average width): ? Vegetation type/percent cover. lixplain: ? Ifabitat for: ? Federally I,isted species. Explain findings: ? Fish/spawn areas. Explain findings: ? Other environmentally-sensitive species. Explain findings: ? Aquatic/wildlife diversity. lixplain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pick List Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (YM Sirc_ in acres Directly abuts?RIN) Size (in acres? Slilnmarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in (lie TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the'lNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. l,xplain findings of presence or absence of significant nexus below, based on the tributary itself; then go to Section lll.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 111.1): 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, them go to Section 111.1): D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECTWA'TERS/WETLANDS ARE (CIIECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ? TN Ws: linear feet width (ft), Or, acres. ? Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into 'I iINWs. ® Tributaries of TN Ws where tributaries typically flow yearrourtd are jurisdictional. Provide data and rationale indicating that tributary is perennial: Channel flows greater than 3 months out of the year. Blueline of USGS topographic quad. ? Tributaries of"IN W where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section I1I.13. Provide rationale indicating that tributary flows seasonally: Provide estimates tier juriscictional waters in the review area (check all that apply): ® Tributary waters: 850 linear feet 4 width (ft). Other non-wetland waters: acres. Identify type(s) of waters: 3. Non-RPWss that flow directly or indirectly into TNWs. ? Waterbody that is not a'I'NW or an RPW, but flows directly or indirectly into a TNW, and it has a signilicaaat nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section 111.0. Provide estimates forjurisdictional waters within the review area (check all that apply): 'T'ributary waters: linear feet width (ft), Other non-wetland waters: acres. Identify type(s) of waters: . 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ? Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ? Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section 111.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section 111.11 and rationale in Section I1l.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area; acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters, and have whets considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TN W are jurisdictional. Data supporting this conclusion is provided at Section 11I.C. Provide estimates for•jurisdietional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters? As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. Demonstrate that impoundment was created from "waters of the U.S.," or Demonstrate that water meets the criteria for one of the categories presented above (1-6), of ? Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED (INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE DEGRADATION OR DESTRUC'T'ION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CI[ECK ALL THAT APPLY): 10 ? which are or could be used by interstate or foreign travelers fir recreational or other purposes. ? from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ? which are or could be used for industrial purposes by industries in interstate t:onunerce. ? Interstate isolated waters. Explain: ? Other factors. Explain: Identify water body and summarize rationale supporting determination: 'See Footnote 113. 'To complete the analysis refer to the key in Section 111.D.6 of the Instruc(ions] Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent witb the process described in the Corp,)EPA Memorandum Regarding CINA Act Jurisdirliou Followrug Rapnnos. Provide estimates for jurisdictional waters in the review area (check all that apply): ? Tributary waters: linear feet width (fl). Other non-wetland waters: acres. Identify type(s) of waters: Wetlands: acres. F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): [? If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ? Prior to the Jan 2001 Supreme Court decision in ".SKINCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: Other: (explain, if not covered above): Provide acreage estimates for non ,jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): Non-wetland waters (i.e., rivers, streams): linear feet width (fl). Lakes/ponds: acres. ? Other non-wetland waters: acres. List type of aquatic resource: [] Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required forjurisdiction (check all that apply): 0 Non-wetland waters (i.e., rivers, streams): linear feet, width (it). Lakes/ponds: acres. Other non-wetland waters: acres. List type of aquatic resource: Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): 0 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 shects/delineation report. Data sheets prepared by the Corps: Corps navigable waters' study: [? U.S. Geological Survey Hydrologic Atlas: ? USGS NIiD data. ? USGS 8 and 12 digit Hl1C maps. ® U.S. Creologieal Survey map(s). Cite scale & quit] n<une:Nl? liden 1:24,000. ? USDA Natural Resources Conservation Service Soil survey. Citation: ? National wetlands inventory map(s). Cite name: ? State/Local wetland inventory map(s): ? FFMA/FIRM maps: ? 100-year I'loodplain Elevation is: (National (icodectic Vertical Datum o f f 929) ? Photographs: ? Acrial (Name & Date): or ? Other (Name & Date): ® Previous determination(s). File no. and date of response letter: Permits previouslt issued for impacts on the same tributary. ? Applicable/supporting case law: ? Applicable/supporting scientific literature: ? Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: