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2022-09-26_PERMIT FILE - M2022042 (10)
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2022-09-26_PERMIT FILE - M2022042 (10)
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Last modified
9/26/2022 12:01:11 PM
Creation date
9/26/2022 10:26:06 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2022042
IBM Index Class Name
Permit File
Doc Date
9/26/2022
Doc Name Note
Exhibt J-1 Wetlands Jurisdictional Determination
Doc Name
Application
From
Julie M. Mikulas -Martin Marietta Materials, Inc
To
DRMS
Email Name
PSH
JLE
Media Type
D
Archive
No
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<br /> <br /> <br />5 <br /> <br /> <br /> <br /> Summarize overall biological, chemical and physical functions being performed: . <br />C. SIGNIFICANT NEXUS DETERMINATION <br /> <br />A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the <br />functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, <br />physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the <br />tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on <br />the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus <br />include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its <br />proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate <br />to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its <br />adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside <br />of a floodplain is not solely determinative of significant nexus. <br /> <br />Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos <br />Guidance and 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 <br />waters to 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 <br />fish and 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 <br />carbon that support downstream foodwebs? <br /> Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, <br />or biological integrity of the TNW? <br /> <br /> Note: the above list of considerations is not inclusive and other functions observed or known to occur should be <br />documented below: <br /> <br /> 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into <br />TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to <br />Section III.D: . <br /> <br />2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or <br />indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in <br />combination with all of its adjacent wetlands, then go to Section III.D: . <br /> <br />3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain <br />findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent <br />wetlands, then go to Section III.D: . <br /> <br />D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT <br />APPLY): <br /> <br />1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: <br /> TNWs: linear feet width (ft), Or, acres. <br /> Wetlands adjacent to TNWs: acres. <br /> <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 <br />indicating that 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 <br />tributary flows seasonally: <br /> <br /> Provide estimates for jurisdictional waters in the review area (check all that apply): <br /> Tributary waters: linear feet <br /> Other non-wetland waters: acres. <br /> Identify type(s) of waters: . <br /> <br /> 3. Non-RPWs 8 that flow directly or indirectly into TNWs. <br /> <br />8See Footnote # 3.
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