Laserfiche WebLink
-5- <br /> A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed <br /> by any wetlands adjacent to the tributary to determine if they significantly affect the chemical,physical,and biological integrity <br /> of a TNW. For each of the following situations,a significant nexus exists if the tributary,in combination with all of its adjacent <br /> wetlands,has more than a speculative or insubstantial effect on the chemical,physical and/or biological integrity of a TNW. <br /> Considerations when evaluating significant nexus include,but are not limited to the volume,duration,and frequency of the flow <br /> of water in the tributary and its proximity to a TNW,and the functions performed by the tributary and all its adjacent <br /> wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance(e.g.between a <br /> tributary and its adjacent wetland or between a tributary and the TNW).Similarly,the fact an adjacent wetland lies within or <br /> outside of a floodplain is not solely determinative of significant nexus. <br /> Draw connections between the features documented and the effects on the TNW,as identified in the Rapanos Guidance and <br /> discussed in the Instructional Guidebook.Factors to consider include,for example: <br /> • Does the tributary,in combination with its adjacent wetlands(if any),have the capacity to carry pollutants or flood waters to <br /> TNWs,or to reduce the amount of pollutants or flood waters reaching a TNW? <br /> • Does the tributary,in combination with its adjacent wetlands(if any),provide habitat and lifecycle support functions for fish and <br /> other species,such as feeding,nesting,spawning,or rearing young for species that are present in the TNW? <br /> • Does the tributary,in combination with its adjacent wetlands(if any),have the capacity to transfer nutrients and organic carbon that <br /> support downstream foodwebs? <br /> • Does the tributary,in combination with its adjacent wetlands(if any),have other relationships to the physical,chemical,or <br /> biological integrity of the TNW? <br /> Note:the above list of considerations is not inclusive and other functions observed or known to occur should be documented <br /> below: <br /> 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain <br /> findings of presence or absence of significant nexus below,based on the tributary itself,then go to Section III.D: <br /> 2. Significant nexus findings for non-RPW and its adjacent wetlands,where the non-RPW flows directly or indirectly into <br /> TNWs. Explain findings of presence or absence of significant nexus below,based on the tributary in combination with all of its <br /> adjacent wetlands,then go to Section III.D: <br /> 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW.Explain findings of <br /> presence or absence of significant nexus below,based on the tributary in combination with all of its adjacent wetlands,then go to <br /> Section III.D: <br /> D. DETERMINATIONS OF JURISDICTIONAL FINDINGS.THE SUBJECT WATERS/WETLANDS ARE(CHECK ALL <br /> THAT APPLY): <br /> 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: <br /> ❑TNWs: linear feet, wide,Or acres. <br /> ❑Wetlands adjacent to TNWs: acres. <br /> 2. RPWs that flow directly or indirectly into TNWs. <br /> ❑Tributaries of TNWs where tributaries typically flow year-round are jurisdictional.Provide data and rationale indicating that <br /> tributary is perennial: <br /> ❑Tributaries of TNW where tributaries have continuous flow"seasonally"(e.g.,typically three months each year)are <br /> jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows <br /> seasonally: <br /> Provide estimates for jurisdictional waters in the review area(check all that apply): <br /> ❑Tributary waters: linear feet wide. <br /> ❑Other non-wetland waters: acres. <br /> Identify type(s)of waters: <br /> 3. Non-RPWss that flow directly or indirectly into TNWs. <br /> ❑Waterbody that is not a TNW or an RPW,but flows directly or indirectly into a TNW,and it has a significant nexus with a <br /> TNW is jurisdictional.Data supporting this conclusion is provided at Section III.C. <br /> Provide estimates for jurisdictional waters within the review area(check all that apply): <br /> ❑Tributary waters: linear feet, wide. <br /> ❑Other non-wetland waters: acres. <br /> Identify type(s)of waters: <br /> 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. <br /> 'See Footnote#3. <br />