Appendix C - Biological Resources Supporting Information COMBINED

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 TNW, complete Section III.A.I and Section 111.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.I and 2 and Section 111.D.1.; otherwise, see Section 111.B below. 1. TNW Identify TNW: Summarize rationale supporting determination that waterbody is a TNW: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B CHARACTERISTICS OF TRIBUTARY (THAT 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 Rapanos have been met. The agencies will assert jurisdiction over non-navigable tributaries ofTNWs 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 111 .D.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. lfthe waterbody4 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. l for the tributary, Section 111.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. I. Characteristics ofnon-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. Relationship with TNW : D Tributary flows directly into TNW D Tributary flows through Pick List tributaries before entering TNW Project waters are Pick List river miles from TNW. Project waters are Pick List river miles from RPW. Project waters are Pick List aerial (straight) miles from TWN. Project waters are Pick List aerial (straight) miles from RPW. Project waters cross or serve as a state boundary. Explain: Identify flow route to TNW 5 : Tributary stream order, if known: b. General Tributary Characteristics (check all that npply):: Tributary is: D Natural: (comment if needed D Artificial (man-made): Explain: 4 Note that the Instructional Guidebook contains additional infonnation regarding swales, ditches, washes, and erosional features generally and in the arid West. 5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW . ud08O207 ?lt-'IJ 2