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HomeMy WebLinkAbout20070164 Ver 2_401 Application_20080108j"j AB [TAT ASSESSMENT AND RESTORATION PROGRAM , I Nc..,,~-- ~`'~~~-N` - 11~~ M ~ r'k.ti~~~~ Sw~~~ --~ ,~~: ~ .~ 9305-D Monroe Road Charlotte, NC 28270 Office: 704-841-2841 Fax: 704-841-2447 email: infoC~habitatassessment.com www.habitatassessment.com Employee Owned Off- of e~ V 2 d ~d no`s ~~.~ +ue~ ~~ 6~k bwt ~F k~ tT~n~>Y, ~I ~ ~k w YPq~ TL (~U,,. :) II '.IJ~~t ~A~1~~~ F ~,4~~~ ~ D ~~ . ~,~R ~, "~ 2 OES Np~S~M~Ps~x3~ ~~p,~1D HABITAT ANALYSIS ENDANGERED PLANT STUDIES STREAM RESTORATION WETLAND MITIGATION MONITORING I"IABITAT ASSESSMENT AND RESTORATION PROGRAM, INC. v-..~-- ~ ~~'` Mr. Ian McMillan Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27695-1650 ~~-r`k1t ~ ~~ ~ ~~ .I 2.p~18 V„~j~ND PNDS'S0R ~ 9305-D Monroe Road Charlotte, NC 28270 Office: 704-841-2841 Fax: 704-841-2447 email: infoC~lhabitatassessment.com www. habitatassessment.com Employee Owned December 21, 2007 Re: Town of Mooresville, Phase II 42" Rocky River Outfall Sewer 401 Permit Application Dear Mr. McMillan; On behalf of McKim and Creed and The Town of Mooresville, North Carolina we are requesting your review of the enclosed Pre-Construction Notification and supporting documentation in anticipation of your approval of same for 401 Water Quality permitting. Enclosed is the 404 Permit under Nationwide 12 as approved by the USACE Asheville Regulatory Office. This gravity sewer line is being proposed for service to a newly constructed Elementary School anticipated to be opened in September of 2008. Impacts to Wetlands: The project area originally consisted of the entire flood plain along a 3,900 If corridor of the Rocky River (18.0 acres). Within this 18.0 acre area there exists approximately 4.0 acres of wetlands. HARP was charged with selecting the most appropriate route for the alignment to avoid wetlands. Every effort has been made to reduce the impacts to all wetlands. This resulted in a number of stream crossings for the purpose of avoiding high quality wetland. Wetlands will however be impacted. Of the -4.0 acres of wetlands approximately 0.23 acres of wetlands will be impacted during construction. These wetlands (shown on page 7 of the Construction plans) have herbaceous and woody cover and are of fairly good quality. After construction the wetland areas will be re-graded to preconstruction elevations and reseeded with wildlife friendly herbaceous wetland vegetation. No more than a 10' wide maintenance corridor will be maintained within the wetland areas. Impacts to Stream: This project will cross the Rocky River four times and an unnamed tributary to the Rocky River one time. Please see the enclosed photos depicting the Rocky River at this location. The photos taken were taken in June 2007 prior to the sever drought we have encountered in the subsequent months. The Rocky River at this location; from edge of water to edge of water; is less than 6' wide. The unnamed tributary does not show up on the USGS Mooresville Quad., 1993 as a blue line stream however, it does show up on the USDA, SCS, Soil Survey, Iredell County, NC, June 1964, Sheet 59. For the purpose of calculations for this PCN we assume that the unnamed tributary is jurisdictional. The impacts to the streams will be minimized to the extent possible and permanent crossings will utilize GeoGrid, rip rap and 4" of 67 stone to stabilize the banks at the crossings. Each permanent crossing will be no more that 10' wide; impacts to streams total approximately 0.0379 acres or approximately 50 linear feet of stream bank Stone check dams will be utilized to allow construction in the dry. HABITAT ANALYSIS ENDANGERED PLANT STUDIES • STREAM RESTORATION WETLAND MITIGATION MONITORING Threatened and Endangered Species and Species of Concern A Threatened and Endangered species study was performed along the entire length of the project using data from the NC Natural Heritage Program database for Mooresville USGS Quad. Comments were provided for three species on the list for this Quad. The Biological investigation and subsequent report (included in this report) notes, "Regarding the species of concern for the Mooresville USGS Quad, there is no habitat for the Timber rattlesnake. The habitat for the Loggerhead shrike is open fields with scattered trees. This area does provide habitat. Since the impacts are temporary, it is not expected that there will be any impact on this bird, if it is present. Having seen several of the habitats for the Bog Turtle, a species with a historic report, the quality of the wetlands on this site, even though some are in the open, the hydrology does not appear to be sufficiently well developed to support a population of Bog turtles." Historic or Archeological Sites It is not believed that any historical or archeologically significant sites are within the project area. If this statement is found to be incorrect these issues will be addressed prior to construction. If you have any questions or concerns regarding this permit application please do not hesitate to contact me on behalf of the design engineers McKim and Creed and the Town of Mooresville. Respectfully submitted, Habitat Assessment and Restoration Program, Inc. Karri Cecil Blackmon Environmental Scientist and President U.S. ARMY CORPS OF ENGINEERS ,~ ~+ WILMINGTON DISTRICT Action ID. SAW-2007-03359-349 County: Iredell USGS Quad: Mooresville GENERAL, PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner /Authorized Agent: Town of Mooresville. Attn: James A. Justice Address: 403 North iVlain Street Mooresville, NC 28115 Telephone No.: Size and location of property (water body, road name/number, town, etc.): Town of Mooresville, Phase II Rockv River Sewer Outfall Description of projects area and activity: Construct 3,900 LF of 42-inch gravity sewer line and 130 LF of 8-inch line. As part of the project, it will be necessary to cross 5 streams (Rockv River-3, West Eranch, Rockv River-1, L'T--Rockv River-li. In addition, 0.23 acre of herbaceous wetland will be temporarily impacted. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ^ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 12 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may aiso require an individual Section 40i Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/pernuts. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Steve Chapin at 828-271-7980. Corps Regulatory Official -Steve Chapin Date: December 4, 2007 Expiration Date of Verification: December 4, 2009 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the attached customer Satisfaction Survey or visit h`rtp:i%www.saw.usace.anny.miUWETLANDSiindex.html to complete the survey online. Determination of Jurisdiction: A. ^ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). B. ^ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ®There are waters of the US ancL'or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notiftcation. D. ^ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued _. Action ID Basis of Jurisdictional Determination: The site contains wetlands as determined by the USAGE 1987 Wetland Delineation Manual and is adjacent Co stream channels that exhibit indicators of ordinary high water marks. The stream channels within the project corridor are an unnamed tributary to Rocky River, West Branch, Rocky River, and the Rocky River which flows into the Yadkin River and ultimately flows to the Atlantic Ocean through the Yadkin River system. The Yadkin River is navigable-in-fact at Blewett Falls dam in NC. Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A. above). Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Program Attn: Steve Chapin, Project Manager 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 In order for an RFA to be accepted by the Cops, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60 days from the Issue Date below. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official: _Steve Chapin Issue Date: December 4, 2007 Expiration Date: Five years from Issue Date SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: HARP, 9305-D :Monroe Road, Charlotte, i~1C 28270 I"IABITAT ASSESSMENT AND RES'~"OI~ATION PROGRAM, INC. ~~-- ~`-''` Mr. Steve Chapin Asheville Regulatory Field Office US Army Corps of Engineers 151 Patton Avenue Room 208 Asheville, NC 28801-5006 9305-D Monroe Road Charlotte, NC 28270 Office: 704-841-2841 Fax: 704-841-2447 emaii: info~habitatassessment.com www.habitatassessment.com Employee Owned October 5, 2007 Re: Town of Mooresville, Phase II 42" Rocky River Outfall Sewer 401 Permit Application Dear Mr. Chapin, On behalf of McKim and Creed and The Town of Mooresville, North Carolina we are requesting your review of the enclosed Pre-Construction Notification and supporting documentation in anticipation of your approval of same for Nationwide 12 under the auspices of Section 404 of the Clean Water Act. This gravity sewer line is being proposed for service to a newly constructed Elementary School anticipated to be opened in September of 2008. Impacts to Wetlands: The project area originally consisted of the entire flood plain along a 3,900 If corridor of the Rocky River (-18.0 acres). Within this -18.0 acre area there exists approximately 4.0 acres of wetlands. HARP was charged with selecting the most appropriate route for the alignment to avoid wetlands. Every effort has been made to reduce the impacts to all wetlands. This resulted in a number of stream crossings for the purpose of avoiding high quality wetland. Wetlands will however be impacted. Of the -4.0 acres of wetlands approximately 0.23 acres of wetlands will be impacted during construction. These wetlands (shown on page 7 of the Construction plans) have herbaceous and woody cover and are of fairly good quality. After construction the wetland areas will be re-graded to preconstruction elevations and reseeded with wildlife friendly herbaceous wetland vegetation. No more than a 10' wide maintenance corridor will be maintained within the wetland areas. Impacts to Stream: This project will cross the Rocky River four times and an unnamed tributary to the Rocky River one time. Please see the enclosed photos depicting the Rocky River at this location. The photos taken were taken in June 2007 prior to the sever drought we have encountered in the subsequent months. The Rocky River at this location; from edge of water to edge of water; is less than 6' wide. The unnamed tributary does not show up on the USGS Mooresville Quad., 1993 as a blue line stream however, it does show up on the USDA, SCS, Soil Survey, Iredell County, NC, June 1964, Sheet 59. For the purpose of calculations for this PCN we assume that the unnamed tributary is jurisdictional. The impacts to the streams will be minimized to the extent possible and permanent crossings will utilize GeoGrid, rip rap and 4" of 67 stone to stabilize the banks at the crossings. Each permanent crossing will be no more that 10' wide; impacts to streams total approximately 0.0379 acres or approximately 50 linear feet of stream bank. Stone check dams will be utilized to allow construction in the dry. HABITAT ANALYSIS ENDANGERED PLANT STUDIES STREAM REJTGRATiON • ~~r ETLA.ND PJIITIG.4TION • PJiONITORING T Threatened and Endangered Species and Species of Concern A Threatened and Endangered species study was performed along the entire length of the project using data from the NC Natural Heritage Program database for Mooresville USGS Quad. Comments were provided for three species on the list for this Quad. The Biological investigation and subsequent report (included in this report) notes, "Regarding the species of concern for the Mooresville USGS Quad, there is no habitat for the Timber rattlesnake. The habitat for the Loggerhead shrike is open fields with scattered trees. This area does provide habitat. Since the impacts are temporary, it is not expected that there will be any impact on this bird, if it is present. Having seen several of the habitats for the Bog Turtle, a species with a historic report, the quality of the wetlands on this site, even though some are in the open, the hydrology does not appear to be sufficiently well developed to support a population of Bog turtles." Historic or Archeological Sites It is not believed that any historical or archeologically significant sites are within the project area. If this statement is found to be incorrect these issues will be addressed prior to construction. If you have any questions or concerns regarding this permit application please do not hesitate to contact me on behalf of the design engineers McKim and Creed and the Town of Mooresville. Respectfully submitted, Habitat Assessment and Restoration Program, Inc. ~' L ~~~j~j~ Kam Cecil Blackmon Environmental Scientist and President Corps Submittal Cover Sheet Pleaae provide the following info: 1. Project Name: Town of Mooresville, Phase II 42" Rocky River Outfall Sewer 2. Name of Property Owner/Applicant: Town of Mooresville, James A. Justice, Town Manager 3. Name of Consultant/Agent: 4. Related/Previous Action ID number(s): SAW-2007-355-349 5. Site Address: Between Rocky River Rd., (SR 1147) and Coddle Creek Rd., (NC 136) 6. Subdivision Name: Not Applicable 7. City: Mooresville, NC 8. County:Iredell 9. Lat: 35.550564 N Long: -80.780653 W (Decimal Degrees) 10. Quadrangle Name: Mooresville 11. Waterway: Rocky River 12. Watershed: Rocky/Upper Pee Dee, HUC: 03040105 13. Requested Action: X Nationwide Permit # 12 X General Permit # 3625 -Jurisdictional Determination Request -Pre-Application Request The following information will be completed by Corps office: AID: Prepare File Folder Assign number in ORM Begin Date Authorization: Section 10 Section 404 Project Description/ Nature of Activity/ Purpose: Site/ Waters Name: Keywords: Office Use Only: Form Version March OS USACE Action ID No. DWQ No. O ~ ` O ~ ~ ~ V Z (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP # 12, WQC # 3625 If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Environmental Concern (see the top of page 2 for further details), ch le;~ier6'°~ ~ (~~ ~ :, _. II. Applicant Information 7 2008 J IAN 1. Owner/Applicant Information pES A D S~~~Wp Ek 3R~~ Name: James A Justice, Town Manager ~tiE7lANp Mailing Address: Town of Mooresville, NC 403 North Main Street Mooresville, NC 28115 Telephone Number: 704 663-3800 E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: None Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: Fax Number: 704 663-7386 Page 1 of 9 .a . III. Project Information Attach a vicinity map (See attached Vicinity map) clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan (See attached Town of Mooresville Ph II, 42" Rocky River Outfall Sewer Plans) showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map (See attached Stream Crossings Map) and NRCS Soil Survey (See attached Soils Map for Wetland Delineation) with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USAGE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Town of Mooresville, Phase II Rocky River Outfall Sewer 2. T.LP. Project Number or State Project Number (NCDOT Only): NA 3. Property Identification Number (Tax PIN): See attached Table 1.0 Property Owners 4. Location County: Iredell Nearest Town: Mooresville, NC Subdivision name (include phase/lot number): NA Directions to site (include road numbers/names, landmarks, etc.): I-77 North from Huntersville to exit 33; right on to US-21; right on to Fairview Road (SR 1246); right on to SR-115 South to Faith Church Road (SR 1136), turn left; proceed to Shearers Road (SR 11252 right on to Shearers Road to Rocky River Road (SR 1147), turn left; proceed approx. 1.4 miles to project. Project proceeds north from Rocky River Road to iust past Coddle Creek Highwa (~). 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.550564 °N -80.780653 °W See attached sheet Stream Crossings 6. Property size (acres): -~- 4.48 acres is the actual easement area of the sewer alignment 7. Name of nearest receiving body of water: Rocky River 8. River Basin: Rock~p~per Pee Dee, HUG: 03040105 (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http:/lh2o.enr.state.nc.us/admin:~maps/.) Page 2 of 9 91 Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Rural, managed and abandoned hay fields, woodland 10. Describe the overall project in detail, including the type of equipment to be used: The project consists of the construction of Phase II, the continuation of an existing 4?" rg avity main sanitary sewer line for the purpose of servicing_an elementary school in Mooresville, NC. The project is approximately 3 9001inear feet of 42-inch rg avity sewer, with 130 linear feet of 8-inch rg avity. Equipment to be used: Track hoes, front end loaders, transport vehicles and related pipeline construction equipment. 11. Explain the purpose of the proposed work: To provide sanitary sewer service to a newly constructed elementary school in Mooresville, NC. The school is anticipated to open in September 2008. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. Phase I of this project was permitted under the following file numbers: The DWQ sewer extension permit number is WQ0030291. The Approval of 401 number is DWQ 07-0164. The ACOE Action ID number on the Nationwide Permit Verification is SAW- 2007-355-349 V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. None at this time VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) Page 3 of 9 should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs (See 5 photographs attached depicting the size and condition of the Rocky River at this location.) of the may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Clearing of construction corridor for a sewer line trenching, installation of pipe & backfilling~, installation of manholes. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, cenarately list imnacts due to hnth structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain ( es/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) Community `A' * Temporary Herbaceous wetland Yes ca. 40 0.23 * see plan page 7 Total Wetland Impact (acres) 0.23 3. List the total acreage (estimated) of all existing wetlands on the property: 4.0 of wetlands acres within the entire flood Main area (which is approximately 18.0 acres) 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams mnct he included Tn calculate acrea~e_ multiply length X width. then divide by 43.560. Average Impact Area of Stream Impact Stream Name Type of Impact Perennial or Stream Width Length Impact Number Intermittent? Before Impact (linear feet) (acres) (indicate on ma ) 1-plan page 6 Rocky River Permanent Perennial 60 10 0.0138 2- plan page 6 West Branch permanent Perennial 20 10 0.0046 Rock River 3-plan page 7 Rocky River Permanent Perennial 30 10 0.0069 4- plan page 9 Rocky River Permanent Perennial 40 10 0.0092 5-plan page 9 UT to Rocky River Permanent Intermittent 15 10 0.0034 Total Stream Impact (by length and acreage) 50 If 0.0379ac Page 4 of 9 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dred~in~, flooding, drainage, bulkheads, etc. Open Water Impact Site Number (indicate on ma) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) None Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.0379 Wetland Impact (acres): 0.230 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.267 Total Stream Impact (linear feet): 50 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): NA Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): NA Current land use in the vicinity of the pond: N~ Size of watershed draining to pond: NA VII. Impact Justification (Avoidance and Minimization) Expected pond surface area: NA Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts Page 5 of 9 were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Field conditions were evaluated prior to sewer line layout and to the extent possible wetlands were avoided. Where impacts to wetlands occurred decisions were made in an effort to stay off the stream banks. The route shown on the plans was selected to minimize impacts to the wetlands without creating impacts to stream banks. Stream impacts will be minimized to the fullest extent possible with sediment and erosion control devices. Permanent stream crossings will be reinforced with Geogrid, which will be covered with rip rap graded level and then covered with 4 inches of 67 stabilization stone to allow maintenance vehicles to cross. Concrete anti-seep collars will be installed every 150 ft ~ in wetland areas as shown on plans. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc. usi'ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Mitigation is not beingproposed. Page 6 of 9 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http:/lh2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): None Amount of buffer mitigation requested (square feet): None Amount of Riparian wetland mitigation requested (acres): None Amount ofNon-riparian wetland mitigation requested (acres): None Amount of Coastal wetland mitigation requested (acres): None IX. X. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ^ 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No Page 7 of 9 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (s uare feet) Multi Tier p Required Miti ation 1 3 (2 for Catawba) 2 1.5 Total • Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additiona120 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss Stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Site is undeveloped farmland and woodland with no impervious acreage. Contractor to install erosion control measures prior to the start of construction. Install silt fence, inlet protection, sediment traps diversion ditches tree protection and other measures as shown on plans clearing onlX as necessary to install All erosion control measures shall be constructed in accordance with the NCDENR regulations and Town of Mooresville requirements. No more than 1,000 linear feet to be disturbed at any XII. Sewage Disposal (required by DWQ) 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. Approximately 3.900 linear feet of 42-inch gravity sewer, with 130 linear feet of 8-inch gravity sewer discharging into the Town of Mooresville existing sewerage system. Initally there will be no wastewater in sewerline. Once on line the sewage and wastewater collected b this system shall be treated in the Town of Mooresville Rocky River WWTP (NPDES Permit No. NC0046728~prior to being discharged into the receiving stream. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Page 8 of 9 Is this anafter-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ® No ^ If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: There are no specific plans for future development in this area at this time. The purpose of this project is to provide sewer service to a newly constructed elementary school, anticipated to open in September 2008. Generally speaking a new sewer line will promote future development in previously undeveloped azeas. CurrentlYthere are no sQecific plans for development. _ _ XV. Qther Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules {e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). ~ ~-- ~~~~ ~AppGcant/A~~~ Signature Date 's signature is lid only if an authorization letter from the applicant is provided.} Page 9 of 9 ~, r 0 ~`,\ °o . // J ~O~ ~~~ ~~~s ~o <<~ Zn . ! f~ ,~S~. ~}q~~ J ~~~~ w J ~ _J r _ ~ U O Z w o soo iooo 0 a ~, rr w ~' Y ~--~ \- \ / -~~j t ~~ as ~ ~ ~ ~~' oWC ~ ~~.~ Y 1 R~G~SR ,,~, ` } Y U O SCACF. ~FFiETI ENOCH ~Clf RD ~~. 3R ~ X50 ~O~O 1~~ ~~~ ~~ PR®P®SEI~ SEWER R\~R Rp . ~OG~ SR ~"{ABITAT °"°'~`°°"' T®WN ®F 1VI®ORESVILLE V ASSESSMENT 4ND ' Phase II Rocky River v~~~~EEI) RESTORATION ( ~ ~ ®utfall Se vV er ~.. _ PROGRAM wc. _. - g'~-° ~°.'~°. '..'~ ~'° VICINITY 1VIAP - ~ ~ ~. ' ~~ ~ ~~ - ~ ~G,*w "~ ~ . ~, :~ ~ _ °> '~ '€ _-~ y ® o. ~, y ~`'~f f „ ~ ~ _ ~ ~, ; ` ., '~y, ~ , ~,~ °' ~ _ ~'~` ~ ~u _,~. .,a _ . ~ ~,~ ~~ -t _;~ i ~ ~ ;:~ ~. '~4~a ~ ffit ~~~ ~.~.. ~ ~~ ~~ ;. ,~° - ~.. ~. ; #,~ `~ ~ `_ .~ ` ~!~S ,- 8 1,~ e.^~ a =~. ® -.~ ~, , _.: ~'~ _* e. ~~''~ ~ ~>s __ b ~ * : ,, • . ... ~ , •~ # y~ 0 500 1000 ~, SCALE (FEET) ~. s~ ~ R'' USGS N[ooresville Quad., 1993 ~± m ~_ ~ y ~; `~M -~- ~' ~ , - . .. - _., s - } ' r°~` yy ~~ 1 ~~ ,~~,~; CROSSING, # ~ - ~~ ~ --;~ , ~ -t. fit. ~ ~ ~ °~ ` CROSSING # 5 ~ ~ ~ ~.°` - ~ _ ;~, ~ : `~~~ ~,, ,~ ~~ r PROPOSED SEWEP ~_ _.~ ,~ ~~ CROSSING_# 3 ~ o ~~'~~a. t~ 4 r ~ _, c~ . ,$ ~ ~ ~ ' _ O E ,~_~ _ '° ~ ilk Y_ ~ ,~ ~ 4' Pj T ~ a+.°+"d '1; ~ CROSSING # 2 r i~e~ R°a~ .,~°°~y R ~~~ CROSSING # 1 ~ ' :,r _ - '~, .~ ,~ HABITAT ~~~'•~ TOWNS OpF MOORES1tV7pIYLLE ASSESSMENT AND PI1u° SA II ROCky Rl V 1.1 ~~~~~~~ IR ESTORATION ,{l~~f~~l Cptx~~y~ ___ ROGRAM INC V 1 1 1J 1. VV 1 - '... .:. _ °~-' °~~ "°°"' °~°^~~.'~ ~'" STREAM CROSSINGS _ - = - TOWN OF MOORESVILLE PHASE II ROCKY RIVER OUTFACE SEWER Stream Crossings Crossing No. Stream Name Coordinates (NAD 1927) 35.545517° N Crossing # 1 Rocky River 80.780811 ° W West Branch Rocky 35.5462250 N Crossing # 2 River 80.781419 W 35.5497940 N Crossing # 3 Rocky River 80.780494 W Ri k 35.554128° N Crossing # 4 ver Roc y 80.780872° W R k Ri 35.5534920 N Crossing # 5 ver UT to oc y 80.780666 W Coordinate Source MAPTECH Terrain Navigator CD: Winston-Salem/Boone Map: Mooresville USGS Ref. Code: 35080-E7-TF-024 Scale: 1:24,000 Vertical Datum: NGVD 1929 Horizontal Datum: NAD 1927 Contour Interval: 10' Created: 1993 Revised: None U.S. Department of Agriculture Soil Conservation Service NC Agricultural Experimental Station Soil Survey of Iredell County, North Carolina Sheet No. 59 Scale: 1:15,840 Compiled: 1963 www. habitaTassessmenT.com F'I ABITAT ASSESSMENT AND RESTORATION PROGRAM Ixc. 9505-D Monroe Road, ChorloHe, NC 26270 (704) 341-2841, tox: (704 841-2447 vlMrIQM~CREED 8020 TOWER POINT DRIVE CHARLJT T E, fvC 28227 i EL: 704-84 ~ - 2588 FAX: 704-841-256 7 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) ~ i -~ ? =.. ° °y~ ~ R~c~ ~ Project/Site: ~• - ~= vd',~t= =~ a Date: '% ~- `~ °~' _ Applicant/Owne~l<%`~' ~,~~. = "' - Investigator: .~ ~ ~ ~ ~' _ =~ ~ ~ -' - - ~ ~' _ __ _ ~ ~. ` y' County: State: _ '• ~ ~~ _ Do Normal Circumstances Exist on the site? Is the site significantly disturbed (Atypical Situation)? Is the area a potential Problem Area? .Yes Yes Yes No No ~ No ____- Community ID : ~.~,~~y. Transect ID: Plot ID: 5 ~= (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. ~f-i .'~ _ -3~~IC!~ T '~, r`' 9.~T` , `,G~I~Z~~i;~ ~ ..~i1jr'j ~ T,a~,.~f~,i 2.~~~q~' ~~+~j~~-:,;:`,^~ ~ ~~y~;~r.' r"' J. , %, j i=P~.° 10. ~E~;,a1-~`-,? ~~ s ~.F; ~~~?_ ~ -~--_. 5.~ 6. !~~ LI '(~ ~ Y; 7' i~ .1,~ ~~ ~~ ~C1 r~- ~ C7 ~ ~... 14. 7. ~ l ice-; ~ C f ~'~,~'J{` , ;'7 ~ ~ ~-- 15. B J ~ ~`.^ '' T'7 i r'.'~t;'~ ~ 16. Percent of Dominant Species that are OBL, FACW or FAC ~~ ~ J ~ _ ~ ~ ' (excluding FAC-}. _ ~ - - Remarks: HYDROLOGY __ Recorded Data (Describe in Remarks): Wetland hydrology Indicators: ___ Stream, Lake, or Tide Gauge Primary Indicators: __ Aerial Photographs. _ Inundated Other _~ Saturated in Upper 12 Inches _ '~ No Recorded Data Available __ Water Marks __ Daft Lines Sediment Deposits Field Observations: _'/ Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Depth of Surtace Water: ~~ ~ `~ ~'- -(in.) _-_ Oxidized Root Channels in Upper 12" :, __ Water-Stained Leaves Depth to Free Water in Pit: ~~ _(in.) _ Local Soil Survey Data ' _FAC-Neutral Test _(in.) Depth to Saturated Soil: _ ~ __ Other (Explain in Remarks} Remarks: SOILS Map Unit Name ; ~) _ ~ ~ -~` (Series and Phase): _ '1t' =~%~ .~ --`~ `' `-- , Drainage Class: __ -- ' -`'~~ _ _ .~ ~ ` i - Taxonomy (Subgroup): T~~~ ~T - ~ ~ ~ ~~ .=~ Field Observations ~ ~`' ~ ~'/5'?'~~ ~ ~ L Confirm Mapped Type? Yes Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, inches Horizon jMunsell Moist {Munsell Moistl Abundance/Contrast Structure. etc. yp ,^ ~ - ,~ 1 ~ r _ .~ Hydcic foil Indicators: „c.#, _ Histosol _ ~-_ _ Concretions __ Histic Epipedon ~ _ High Organic Content in Surface Layer Sandy Soils Sulfidic Odor";`-• _ Organic Streaking in Sandy Soils __ Aquic Moisture Regime _ Listed on Local Hydric Soils List _ Reducing Conditions _ Listed on National Hydric Soils List _ ~s Gleyed or Low-Chroma Colors _ Other (Explain in Remarks} Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? Wes; Hydric Soils Present? 'Yes' Remarks: No (Circle) (Circle) No ~, No Is this Sampling Point Within a Wetland? Yes , No Approved by HQUSACE 3/92 DATA FORM ROUTINE WETLAND DETERMINATION {1987 COE Wetlands Delineation Manual} Project/Site: ~'; ~_ -r~:;~; ~~C~ a ,o_~ '~•wr;=~=~r s~.~N_2 Date: ?~ ;'~~;'-'f "':o Applicant/Owner:.~~c;Ci~'~ ='' ~ =_ ~ _ - _-- County: ," 2 ~:~ -° Investigator: ~O~-?~ ~ • 5.~~~ _ _ State: _ ____ Do Normal Circumstances Exist on the site? Yes No Community ID :'''=` Is the site significantly disturbed (Atypical Situation}? Yes No Transect ID: Is the area a potential Problem Area? Yes o Ptot ID: a~ °~ (If needed, explain on reverse.} VEGETATION m Dominant Plant Species Stratu Indicator Dominant Plant Species Stratum Indicator }i 7 1 ~~ '.'° i°+ ;4 12. 6. - 14. 7. 15. g_ 16. Percent of Dominant Species that are OBL, FACW or FAC ~~ _ ~ ~C" ~ ~ `~ (excluding FAC-). f Remarks: HYDROLOGY _ Recorded Data (Describe in Remarks): Wetland hydrology indicators: _ Stream, Lake, or Tide Gauge Primary Indicators: _ Aerial Photographs __ Inundated _ Other __ Saturated in Upper 12 Inches ~NO Recorded Data Available _ Water Marks __ Drift Lines _ Sediment Deposits Field Observations: Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Depth of Surface Water: ~~ ~~~' = (n.) __ Oxidized Root Channels in Upper 12" __ Water-Stained Leaves _ Depth to Free Water in Pit: fig ~'V = _(in.) _ Local Soil Survey Data _FAC-Neutral Test Depth to Saturated Soil: ~~~~= =(in.) -Other (Explain in Remarks) Remarks: SOILS Map Unit Name /7 t 1 ~ ~ l ~ ~ ~~ L ~'~tf ~ "~'~ ~ ,~ ~~ (Series and Phase}: .s ~ _ _ Drainage Class: _ ~ _ J a , Taxonomy (Subgroup):/:~~~`y'; ~ ~~L'•'`~'~~ 3 -~?r'~ ri =- ~ / #, Field Observations ~~'Sr~%G'!',' 1:: - y Confirm Mapped Type? Yes No `.~ Profile Description: Depth Matrix Color Mottle Co lors Mottle Texture, Concretions, inches Horizon (Munsell Moist (Munsell Moist) Abundance/Contrast Structure, etc. ~~'~ J~i',`~'t~ mfr;- °-® ' .e~" OwlaF,ti'C~~YJf}A,r7':A;~ ,p.,~ J ~ 7 /{ Y // ~' ~ ` ?:yam / ~~,~`'^^I va i~ i.,t a.~ ~ I.~ I .~Y I Hydric Soil Indicators: _ Histosol _ Concretions _ Histic Epipedon _ High Organic Content in Surface Layer Sandy Soils Sulfidic Odor _ Organic Streaking in Sandy Soils Aquic Moisture Regime _ Listed on Local Hydric Soils List _ Reducing Conditions _ Listed on National Hydric Soils List Gleyed or Low-Chroma Colors _ Other (Explain in Remarks} Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? ;Yes No (Cirole) (Circle) Wetland Hydrology Present? es Flo Hydric Soils Present? Yes ~ Is this Sampling Point Within a Wetland? Yes ~ No ~~ Remarks: Approved by HQUSACE 3192 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) ~?~c : ~ ~ d~=~ oc,.I.,T-~~L ~r:~~v~~_ ~rj ' "' r Date: ~ . _ , r z Applicant/Owner ~' - `; '~'' ~~~ ~=r= - _ - Investigator: ~ ~ ~ ~ ~ S ~'~'- ' ~~-' } -_ County: ~~z d' 1'-- State: ~ ~ _ Do Normal Circumstances Exist on the site? Ye No Is the site significantly disturbed (Atypical Situation)? Yes :'~o- Is the area a potential Problem Area? Yes r~ Community ID : ~=~ ~"'~ y ~' Transect ID: -- Plot ID: ~'= ~ ~ (If needed, explain on reverse.) VEGETATION ecies Dominant Plant Sp atum Indicator tr S Dominant Plant Species Stratum Indicator i ' ( 2.-)~i~lC~15 e-~~usus r,''~ T~.>=fix=- ,o. 4. 5. ~Ci3 ~~~9_~ ~pL'~bl!u~ j ?~ ~ c~~ e 13. o. _ 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW or FAC ~~ _ ~ ~ ~ (excluding FAC-). ~' -- - ,, ; Remarks: ~~j ~r,~,~L -, i `,J=%., ~ ; ~ ,'.~y~ d ,..... •, _~ - ,~,,--. ~ - HYDROLOGY _ Recorded Data (Describe in Remarks): Wetland hydrology indicators: Stream, Lake, or Tide Gauge Primary (ndicators: _ Aerial Photographs __ Inundated Other __ Saturated in Upper 12 Inches ~~No Recorded Data Available ___ Water Marks __ Drift Lines _ Sediment Deposits Field Observations: _ Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Depth of Surface Water. y~~'" ~` ~ (in.) _ `~ Oxidized Root Channels in Upper 12" _ / WaterStained Leaves Depth to Free Water in Pit: I~a~G (in.} _ Local Soil Survey Data _FAC-Neutral Test Depth to Saturated Soil: ~ ~''~ (in.) -Other (Explain in Remarks) Remarks: ~i_~ a j ~ :~`~ ~tY~ `~~ l o q % J ~ , ? '~;f/r~ , .~.- ~. SOILS Map Unit Name '' ~ ~ ~ U~~~'f Q ~ ~^'~ -~ `'J" . (Series and Phase): ~- _ _ Drainage Class: _ ir~ ,f / > , r ~ Field Observations ; -~ Taxonomy (Subgroup): ~7:~d ~~ea~ ~l Gs' ~~1 ~ ~.1'f+~' (~ ~`/Sl~o -Q r~j~r~ Confirm Mapped Type? Yes iN Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions. inches Horizon (Munsell Moisi~ (Munsell Moistl Abundance/Contrast Structure. etc. 1 -7~ ~ !~,~y 'J ~.'~ Zr yY~-"A% ~ ~Y'%Iii13~~Jf0 ~!~'~'7f ~I~ is ,_.~ J3 .«'`_'f _'.. ' ~ Hydric Soil Indicators: _ Histosol _ Concretions _ Histic Epipedon _ High Organic Content in Surface Layer Sandy Soils Sulfidic Odor _ organic Streaking in Sandy Soils _ Aquic Moisture Regime _ Listed on Local Hydric Soils List Reducing Conditions _ Listed on National Hydric Soils List Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks:--;. ~ ~ : „ , 3 a _ _ : "_ i ---- WETLAND DETERMINATION Hydrophytic Vegetation Present? i~, ~ No (Cin;le) Wetland Hydrology Present? Yeses No Hydric Soils Present? (Yes No Remarks: (Circle} Is this Sampling Point ~Nthin a Wetland? Yes'' No `yam; Approved by HQUSACE 3192 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual} .~ Project(Site: r'Z.,©G I;.'~ ~:~'- =,o-~. _ __ Date: Zo JU~:Ir '~ Applicant/Owner: ,Q :. kt~°~ L C~= ~ ~_ ____ County: ~~e~=!'~'1 Investigator: J ~ ;-~ °i'. ~ •~ wi ~ ~ _ _ State: __ s~~ G _ Do Normal Circumstances Exist on the site? i Yes No Community ID : ~~;d ~r~~` Is the site significantly disturbed (Atypical Situation}? es ~ Transect ID: _-_ Is the area a potential Problem Area? Yes ~~ Plot ID: P ~' (If needed, explain on reverse.) VEGETATION Dominant Plant Species um Str at Indicator Dominant Plant Species Stratum Indicator ,. ~eSG~~~ ~~ c~~,nd~~ ~?~, p ~ r~ ~~F~-~ 9 ! :~ ~ y ~ ;~ 3. ~ nom; ~Gi~ ~ ~,~yr~~~` c~~ 1 d~ ~~~ 11. - T ~. t ~. ~ ~ ~ Q C~'sr, o~-~Cr rte ;? ~ t~'~'• ~ t'a 12. 5. 13. 6. _ 14. 7. 15. g 16. Percent of Dominant Species that are OBL, FACW or FAC Z = ~ n ° (excluding FAC-}. Remarks: fl/l~~ ":~~ ~,~ o= '.~y:? ~A~ ^ ~;~s~~•+~~C ~/'~fa `~€'' ~1~/(.$lo~`•iJ~4 _ ! ~' % 1 7y • J i ~~~- J ~- d / HYDROLOGY _ Recorded Data (Describe in Remarks): Wetland hydrology Indicators: __ Stream, Lake, or Tide Gauge Primary Indicators: _ Aerial Photographs __ Inundated Other __ Saturated in Upper 12 Inches _ No Recorded Data Available __ Water Marks _ Drift Lines __ Sediment Deposits Field Observations: __ Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Depth of Surface Water: ~,~rv, ``~I = _(in.) __ Oxidized Root Channels in Upper 12" __ Water-Stained Leaves Depth to Free Water in Pit: ;~i ='' ''• _ (in.) _ Local Soil Survey Data FAC-Neutral Test Depth to Saturated Soil: ~ (~ (in.} -Other (Explain in Remarks) Remarks: `~~~ I ~ ,~ ~' T~ y'd f ~ 1 ~ % • ~ ~ . ~ `-~°~ „d ~~- ,i'-~` SOILS Map Unit Name `1 t~ ~ ~, ~~ r ,~ ~ '~ '" " `'i' ~ ~•, ' ~ "~ (Series and Phase): ____ ' % _ Drainage Class: = _ a,.~ ' , r~°~~ .,~ ,~ ~~ ~ ,~'; i :~ ~ 1- -. T S b ~ ~ ~ a <T ~, ~ ~ Field Observations ~,,',~f ~ ~ ~ ~ . r'0 '_ ~ ~~ `' S C ? Y fi M d T ' u group): axonomy ( ~ rm appe ype es on Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, inches Horizon j,Munsell Moist) (Munsell Moist) AbundancelContrast Structure. etc. J~ D ~ 5~~. alb - - - ., _ ,,~ ~°.~=~~s ~~ `~ ~ a ~ ~y~ =% %~ T ~ ~~~ ~i'~~ ~JiL~::t1 f1 ~r~Or'ai:~:t~~ :r^ ~ ' : '-r'~. y t Hydric Sail Indicators: _ Histosol ~ _ Concretions _ Histic Epipedon _ High Organic Content in Surface Layer Sandy Soils Sulfidic Odor _ Organic Streaking in Sandy Soils _ Aquic Moisture Regime _ Listed on Local Hydric Soils List _ Reducing Conditions _ Listed on National Hydric Soils List Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks: ~ ~ ; ~ r: - - - , ~ ~ ~ ,~,: 1 `~, ~ ~< ~- I .. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes Wetland Hydrology Present? Yes Hydric Soils Present? Yes Remarks: No (Cirole) (Circle) No o' Is this Sampling Point ~Nthin a Wetland? Yes ~1 ~. Approved by HpUSACE 392 TM !k w 3 ,. .. ~~ f g Y7 .. a {~~ ~,:y ~ y~~~~. ,~~ ..~ .. ~, a~ c~ ~ ~„ roc`', _M~ k ~~, K•; y r A$ ~~. `~ ~ d* ;' F~, t `~ ~~,'~~ .n p,~., a F . ~.~ ~* to }+"x ?~ ,, e A. r v~ tlr ~.ry ""~ 4' ~: k - IIY F ~ Zv i__.Sr- ~.. I~. ¢¢ ,,¢¢.,,,,~~" .. ~. 1"~S:° ~. ~" ri .................. �js� zw 4F a. a. If. 4f, 4t' IV .................. �js� ' rr J4 . +,�' �1.. ,�" `Caw• % - b e '. �. 5„ / .q° A`^ �; �,1 ° �'� .,.+.MM^`.-..'JP'11 r' g 'y� d•'.�. �A'.e 1 ♦ ,d gra` " . x e. s a :.ir wa P $ta -Y t a ° ' ;�o+"+ -�. ": - tea," , : } wYY• � � ! a t � _ . �' `� , ' � r �g . r .. ° 44114 ir• k x r ° e 4+ t x a a r#. 5'dlx.' i � ?3.x t �, ♦ f � � k��. � � -)n,,� °' t ��a r• . a .. .. � - I ` ♦ 1 n. rr « x - .. vat, r r °I •r en 77;j. .a. ~~ f }~ 1 ~'S'~ .et w i3 x ~ x t ~ ~~~..~~ tk ~ ~. F ~ ^ ~ 9 ~ f ~ ~ ; 5 ti„ ' ~ x .. k ~~} t+ + ~ t i ~ *~«~ ~~ r ~ K "~; . F~,~,~ .~ ~_ t E ~^, f k+ o f.: ~ f ~. 1 n Y~t~ ~ ' ~, a % ~ x . +'~° ~ R ty~ ,,~, . . ~: J ~ ~.. + :" a ~j ~.6^# 9a , ~ (°' ~ p y~',: (k I ~~ "{ ~ r ~ N^r"ry ~#t. i+ A i t '~ ~ i ~:. '. v APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section [V of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: NC County/parish borough: Iredell City: Mooresville Center coordinates of site (lat/long in degree decimal format): Lat. 35.550564` V. Long. -80.780653° !, Universal Transverse Mercator: Name of nearest waterbody: Rocky River Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: Rocky River Name of watershed or Hydrologic Unit Code (HUC): Rocky/Upper Pee Dee HUC: 03040105 Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ^ Office (Desk) Determination. Date: ^ Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Pick List "navigable waters of the U.S." within Rivers 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 SECTION 404 DETERMINATION OF JURISDICTION. There Are '`waters of the U.S" within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): I TNWs, including territorial seas Wetlands adjacent to TNWs ^; Relatively permanent waters2 (RPWs) 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 RPWs that flow directly or indirectly into TNWs ^ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs [~ Impoundments of jurisdictional 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: 4000 linear feet: 20 width (ft) and/or acres. Wetlands: 4.0 acres. c. Limits (boundaries) of jurisdiction based on: 1987 Delia M~nnal Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):' Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: ` Boxes checked below shall be supported by completing the appropriate sections in Section [II below. Z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). ' Supporting documentation is presented in Section III. F. SECTION III: CWA ANALYSIS A. , TNWs AfND 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.1 and Section IILD.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: Rocky River. Summarize rationale supporting determination: Public and Private boating/rafting, with put ins/take outs. 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": Wetland is within 100 year floodplain, has physical and hydric soil connection to TNW. 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 of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or Gave 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 III.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. 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 IILBZ for any onsite wetlands, and Section IILB3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant news exists is determined in Section IILC 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) Relationshipwith TNW: ^ Tributary flows directly into TNW. ^ 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 TNW. Project waters are Pick List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: [dentify flow route to TNWS: Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the grid West. s 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. Tributary stream order, if known: (b) General Tributary Characteristics (check all that aUl)lv): Tributary 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/% cover: ^ Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riffle/pool complexes. Explain: Tributary geometry: Pick List Tributary gradient (approximate average slope): (c) Flow: Tributary provides for: Pick List Estimate average number of flow events in review area/year: Pick List Describe flow regime: Other information on duration and volume: Surface flow is: Pick List. Characteristics: Subsurface flow: Pick List. Explain findings: ^ Dye (or other) test performed: Tributary has (check all that apply): ^ Bed and banks ^ OHWM6 (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): ^ Discontinuous OHWM ~ Explain: the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): ^ High Tide Line indicated by: ^ Mean High Water Mark indicated by: ^ oil or scum line along shore objects ^ survey to available datum; ^ fine shell or debris deposits (foreshore) ^ physical markings; ^ physical markings/characteristics ^ vegetation lines/changes in vegetation types. ^ tidal gauges ^ other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: ~A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ^ Riparian corridor. Characteristics (type, average width): ^ 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 Relationshi~withNon-TNW: Flow is: Pick List. Explain: Surface flow is: Pick List Characteristics: Subsurface flow: Pick List. Explain findings: ^ Dye (or other) test performed: (c) Wetland Ad~acenc~Determination with Non-TNW: ^ Directly abutting ^ Not directly abutting ^ Discrete wetland hydrologic connection. Explain: ^ Ecological connection. Explain: ^ Separated by berm/barrier. Explain: (d) Proximity (Relationship) to ~l"NW Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; 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. Explain: ^ Habitat for: ^ Federally Listed species. Explain findings: ^ Fish/spawn areas. Explain findings: ^ Other environmentally-sensitive species. Explain findings: ^ Aquatic/wildlife diversity. Explain 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? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize 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 the 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 ofthe TNW? 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. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section IILD: 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 IILD: 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, then go to Section IILD: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: TNWs: 4000 linear feet 20 width (H), Or, acres. Wetlands adjacent to TNWs: ca. 4.0 acres. 2. RPWs that flow directly or indirectly into TNWs. Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: ~] Tributaries of TNW where tributaries have continuous flow '`seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): ^ Tributary waters: linear feet 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 TNW or an 1tPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): ^ Tributary waters: linear feet width (ft). ^ Other non-wetland waters: acres. Identify type(s) of waters: 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 1ILD.2, above. Provide rationale indicating that wetland is directly abutting an 1ZPW: ^ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ^ Wetlands that do not directly abut an 1ZPW, 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 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 jurisdictional. Data supporting this conclusion is provided at Section IILC. Provide estimates for jurisdictional wetlands in the review area: acres. Impoundments of jurisdictional waters.9 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), or ^ 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 DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):10 ^ which are or could be used by interstate or foreign travelers for 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 commerce. ^ Interstate isolated waters. Explain: ^ Other factors. Explain: Identify water body and summarize rationale supporting determination: $See Footnote # 3. v To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solety on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum RegarrGng CR'A Ad Jurisdiction Following Rapanos. Provide estimates for jurisdictional waters in the review area (check all that apply): ^ Tributary waters: linear feet width (ft). ^ Other non-wetland waters: acres. Identify type(s) of waters: ^ Wetlands: acres. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ^ If potential wetlands were assessed within the review azea, 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 "SWANCC," 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): lineaz feet width (ft). ^ 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 azea that do not meet the "Significant Nexus" standazd, where such a finding is required for jurisdiction (check all that apply): ^ Non-wetland waters (i.e., rivers, streams): linear feet, width (ft). ^ 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): ® Maps, plans, plots or plat submitted by or on behalf of the applicandconsultant: ^ Data sheets prepazed/submitted by or on behalf of the applicandconsultant. ^ Office concurs with data sheets/delineation report. ^ Office does not concur with data sheets/delineation report. ^ Data sheets prepazed 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: 1:24,000, Mooresville, 1993. ® USDA Natural Resources Conservation Service Soil Survey. Citation: Soil Survey, Iredell County, NC, June 1964, Sheet 59. ® National wetlands inventory map(s). Cite name: ^ State/Local wetland inventory map(s): ® FEMA/FIRM maps: 3703130205B, 3703130215B. ® 100-year Floodplain Elevation is:748 (National Geodectic Vertical Datum of 1929) ® Photographs: ^ Aerial (Name & Date): or ®Other (Name & Date): Aerial of Phase II, Rocky River Sewer, 2005. ^ Previous determination(s). File no. and date of response letter: ^ Applicable/supporting case law: ^ Applicable/supporting scientific literature: ^ Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: NHD Print Fage NHD Print Page ~~ ,, w~~' ~1 i ~ssFa~ ° ~ -,- '', ~ ~~l ~ .~~ I it __ `- _ I 03 04010' ~ resie II '~ N~rEh Garali~a 121? 1147 1149 ~¢~ e ,~ ,, ~~'~ ,.c~~~. 1213 ,` ~ -- - t_~ - ~~. http://nhdgeo.nsgs.gov/servlet/com.es~i.esrimap.Esrimap?ServiceName=nhdgeo&ClientVersion=4.0&Form=True&Encode=False (1 of 2)10/8/2007 I :11:02 AM Map Created October 08, 2007 1:09:30 AM LEGEND - - NHDFlowlines~{Local} - NHDFIou~rlines{M Res} -- NHDFIawlines~H Res) ---_-- Interstates Stake RauDes un~u,, StateRou6e Shield Courtt~ Rnu6es 7 1 ~+ a -: CourttyRauGe Shield ® Arterial wJ Lmtd. Access o Arterial wJo Lmtid. Access - Collecbar - Local _- 4UUD V~aterbodies [~ Counties 0 States ~~ i Subbasins L... Watersheds _~ 1148 i~ T+IC4l~ ~~ . http://pubs.usgs.gov/dds/wgn96cd/wgn/wq/huc_name.txt Area = 613 sq.mi. 03030002 - - Haw. North Carolina. Area = 1690 sq.mi. 03030003 - - Deep. Nort h Carolina. Area = 1430 sq.mi. 03030004 - - Upper Cape Fear. North Carolina. Area = 1630 sq.mi. 03030005 - - Lower Cape Fear. North Carolina. Area = 1030 sq.mi. 03030006 - - Black. Nor th Carolina. Area = 1570 sq.mi. 03030007 - - Northeast Cape Fear. North Carolina. Area = 1740 sq.mi. Subregion 0304 -- Pee Dee: The coastal drainage and associated waters from the Cape Fear River Basin boundary to the Santee River Basin boundary. North Carolina, South Carolina, Virginia. Area = 18500 sq.mi. Accounting Unit 030401 -- Upper Pee Dee: The Pee Dee River Basin above Blewett Falls Lake Dam. North Carolina, South Carolina, Virginia. Area = 6800 sq.mi. Cataloging Units 03040101 - - Upper Yadkin. North Carolina, Virginia. Area = 2420 sq.mi. 03040102 - - South Yadkin. North Carolina. Area = 915 sq.mi. 03040103 - - Lower Yadkin. North Carolina. Area = 1180 sq.mi. 03040104 - - Upper Pee Dee. North Carolina, South Carolina. Area = 861 sq.mi. 03040105 - - Rocky, North Carolina, South Carolina. Area = 1420 sq.mi. Accounting Unit 030402 -- Lower Pee Dee: The coastal drainage and associated waters from the Cape Fear River Basin boundary to the Santee River Basin boundary, excluding the Pee Dee River Basin above Blewett Falls Dam. North Carolina, South Carolina. Area = 11700 sq.mi. http://pubs.usgs.gov/dds/wgn96cd/wgn/wq/huc_name.txt (17 of 172)1015/2007 10:20:57 AM .,~ ._~ ._ .. r,,;~,,,;. ,~ Y ~ 'D ~ y ~~y ~f ~«~ ® lw y } D a.,.y ~ ~ ~ Pr~ . }~~. i ~ r } 9~~ M1 ~' f~ ~ ~ !~ ~., LL., `~ ':. ; X: ,, f 5 .i, 4 ,. r ~~~ ~~~~ r i' ~~Y.~ ... t~ ~' - i5. ~ ~~ F •` 4 r ~~ r ~~~~~ ? .. ~~ .t~. ,~ ''. ~~;~~ Y a v+ r .. 0 500 1000 " ~ ~ ~ SCALE (FEET) 'e. '" 1 ~' sS Pnooresviile Quad., 1993 ~' CROSSING # 2 leer ~°a~ / - ~g g°c ~.~ " CROSSING ~# 1 ~ ~' r ~ ~; Y l Q0.; d e Y ~$ ! ~ ~ ~, w ~ _ _ _ , ,a. r~ ~ -'1 p ~• ~ B"[ABITAT M°w.hafilfafaaaawnmf.eom '~®WN OF NIO®RESVILLE ~-ssESSrnervT Arv~ Phase II Rocky RiT~Ter ~~~~~ F$ESTOR.a.Tiorv DU.tfcll~ S~WeT' 3J2o T,~w~R r"~IV? DRIVE PROGRAM Ituc CNARL'~~~T~E, NC 2822? '~.~ ~ ie.eoaaoh(iaij~sa z::~° STREAIi/I ~R®SSIIVGS ~' a'~< '~~-~~~~= 5 8; -~ ~i • f a Imo, bfE s •. ,,,' ~_ .~._ ~.,R .~ _ ~~ . , °- ~'`, _.,,r _ ...~ ~.. ~. 1 f _~ ~ ~PROPC~SED SEWER ,~ !. :. ;~ S aq r'^ 7 /f~l vC }' V'2} ,./ 4 '' 'yam t • - // i .~;' USDA, SCS, Soil Survey, Iredell County, NC, June 1964, Sheet 59 LAT. 035.552419 ° N LAT. 035.547178' N SITE 1 ® LONG. 080.780531 ° W SITE 2 ® LONG. 080.781497 W SOILS MAP FOR WETLAND DELINEATION ~. 0 500 1000 SCALE (FEET) HABITAT """•~°b"°'°••.••~,«a.`~ TOWN OF MOORES~TILLE `v ASSESSMENT AND Phase II ROC~7 R1V~+r `~ ~~~~~ ~ESTOR.4TION ~~ 1 ~,f~~~ S~~l.r 30 G 1 C•v'd` R rt1~P. T ~P.I~i~ ~ROGR.4M INC. l•l CH~KLO~TE, N(' 7L~L7 9305-0 Monro• Road, cn•,+•n•, NC 2a27o TFL: 7C4-r~41-?58~? (~oa) ea -zaa~, fa:: (~oa) asi -sa4~ F A x ~~ 4- 8 a' - 2; o 2n -~--...;,, ~f ~~ ~~ ~~ ~~ O~ ~~ d ~-~;, oa ~ •~ ~\ Phase II Rocky River fewer ®utfall 80-47-20 W BO-47-0 W 80-46-40 W ~ """~.^~' } ... Z ~i 'i w ~ ~W~ O N W (;) ~ m N O uj Z :~7 Legend CONUS_wet_scan z ~' ~ o 0 <^' Ll t pj M o ®Oul of range M Z ,+°~ Interstate Major Roads Other Road fem. interstate Stale highway w US highway Z o v' u, Roads m h,~1oon_wille w o Cities cv'., Dlg!ial z USGS Quad Index 24K Lower 48 Wetland Polygons PUBHh ~ Estuarine and Marine Deepwaler Estuorine and Marine Wetland Freshwater Emergent Welland -.. w `~ Freshwater ForestodlShrub Welland o ~j,..~.i w Freshwater Pond ~ N co a ~ O Lake Other ~ ~ , - ' ~ Z Riverine ~`PF01A~ Lower 48 Available Wetland Data ~,~ ! Non-Digital D i l PEM1C ta ig No Data ~„~ Scan Z o _ ~ cn N NHD Streams ~ M ~, ~ ~ o Counties 100K M "~s~ Z ® States 100K a PSS1A ,J South America ®?• ~~~ ~ North America 80-47-20 W 80-47-0 W 80-46-40 W Scale: 1:10,761 Map center: 35° 33' 0" N, 80° 46' 53" W This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. '. ~~~ J Commurury-Panel Number 370313 0215B, May 15, 1980 FIRM for IREDELL COUNTY www.hob(tafataNanwdean HABITAT ASSESSMENT AND R EsroRA~noN PROGRAM INC. 8308-D Nonro~ Road. CAarlott~, NC 28270 (704) e4~-2841, rox: (704) 84+-2447 0 500 1000 SCALE (FEET) TOWN OF MOORESVILLE Phase II Rocky River vlM~ICII~/IF~CREED Outfall Sewer ~°2° T°WE~ P°'NT °R''~E CHARLOTTE, NC 28227 TEL: 70?-841- 2588 FAX: 704-841-2507 ZONE A3 63 \. .~ ~~\. ' " ~ 755 750 ,, ZONE A3 ~~ ~?'~ 6. i t~ ~,f ~~,~< ~:,, .; . • ' ~~ 745 M 4 3X R APPROXIMATE SCALE 1000 0 1000 FEET NATIONAL FLOOD INSURANBE PROfiRAM RM FIRM .14 ~ FLOOD INSURANCE RATE MAP IREDELL COUNTY, NORTH CAROLINA (UNINCORPORATED AREAS) PANEL 205 OF 220 COMMUNITY-PANEL NUMBER 370313 0205 B EFFECTIYE DATE: MAY 15, 1980 u APPROXIMATE SCALE 1000 U 1000 FEET ~-~-~~ -F-=1- -- ----__~ NATIONAL FLOOD INSURANCE PROGRAM - , ~ , ~~ .,~ FIRM `~ FL000 INSURANCE RATE MAP .:. 1241 - 742 ~3s IREDELL COUNTY, 1213 NORTH CAROLINA (UNINCORPORATED AREAS) -~ PANEL 215 OF 220 ,f`~ ~ 35 ~ I' ~ 3 1141 ~~ ~ 30 /i /'' COMMUNIT1f-PANEL NUMBER 310313 02158 •;',~ ~. EFFECTIVE DATE: ~- ~"'"a'°' MAY 15, 1980 ~+ +~ ZONE A3 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ` ZONE L ;~~~~"•~,. PEDERALINSURANCEADMINISTRATION ~7'` This is an official copy of a portion of the abova referenced flood map. It • was extracted usino F-MIT On-Line This man does not reflect rhannes AERIAL o 500 1000 of ~~~ Phase II, Rocky River Sewer SCALE (FEET, •vnv.hab8ala~s~ssmenf.com ~"~ ABITAT ASSESSMENT AND RESTORATION P ROGRAM INC. 9308-D Monroe Road, ChaAoNs, NC 28270 (704) 841-4841, fax: (704) 841-2417 TOWN OF MOORESVILLE v~NIeIQM~CREED Phase II Rocky River 8020 Ta~N`~ r~,NT oR,~~E Outfall Sewer ~".~RLOrTE. ti~ 282'27 TEL: 70~-841-2588 SAX: 704-841-2567 Iredell County, NC, GIS, 2005 Aerial HA~[TAT ~80~-C+ N~tanroe Roar: Charlotte. NC 28270 ,~,~5~~~]1,d1~[y`r' }9,~jj~ Ofifics: 704-841-2841 i^ax: 704-841-2447 F~E~TOR:$-1-1®[~I ~ ~ email: info~habitatassessment.corr-~ / w~,~w.hat;itatassessment.com PFZ®GF~AM, INC. ~--.-_ ~~~ - - lEna~tog~ee ~vuned Rocky River Outfall Sewer -Town of Mooresville, Iredell County Biological Analysis of the Project Area This 42 inch outfall, one of several sections of the Rocky River Outfall, extends from Rocky River Rd. (SR 1147) up to Coddle Creek Highway (NC 3), for a distance of approximately 3,900 lf. The RO W was sited to have the least impact on the wetlands that occur along the edges of the fields through which the outfall extends. Several revisions were made so as to reduce the wetland impacts. Currently the proposed alignment reveals temporary and permanent impacts of 0.37 acres, with 0.23 acres of wetland impacts and 0.14 acres of blue line stream crossing impacts. Wetlands occur on both sides of the Rocky River, necessitating a crossing to avoid the largest one on the east side of the river. The ROW passes through mowed fescue and abandoned fescue fields. The data base for the Mooresville USGS Quad, obtained from the NC Natural Heritage Program, shows only four species of concern, two historic elements: Budding tortula (Rhachithecium perpusillum) and Bog Turtle (Glyptemys muhlenbergii) and two current records: Timber rattlesnake (Crotalus horridus) and Loggerhead shrike (Lanius ludovicianus), attached to the report. The field work was performed over several days in May and June 2007 Beginning at PMH 1, just north of the Rocky River Rd. the ROW' extends to PMH 2 through an abandoned field, dominated by Tall Fescue grass (Schedonorus arundinaceus = Festuca arundinacea previously), Blackberry (Rubus spp.), Verbesina (Verbesina occidentalis), Queen Ann's lace (Daucus carota), Dog-fennel (Eupatorium capillifolium), Verbena (Verbena brasiliense), Wild onion (Allium canadense) and seedlings of Sweetgum (Liquidambar styraciflua). PMH 2 to PMH 3 crosses the Rocky River. Estimates of the river characteristics at the crossing are: channel ? ft. wide, water 3-6 in. deep, top of bank (TOB) 18 ft., with a floodplain bench on the east side. PMH 3 to PMH 4 passes through an abandoned Fescue field, which includes Blackberry, Verbena, Dog-fennel, Velvet grass (Holcus lanatus), Swamp rose (Rosa palustris), Persimmon (Diospyros virginiana), and Box elder (Ater negundo). PMH 4 to PMH 5 passes through this same field and same vegetation, and crosses the diminutive channel of the West Branch of Rocky River. The channel is incised 4.5 ft., with TOB 8 ft., a channel 2 ft. wide and water 2 in. deep. The woody vegetation on the south bank consists of Virginia pine (Pinus virginiana) 12 in. dbh, Black willow (Salix nigra) 4 in. dbh, Sweetgum 4 in. dbh, Green ash (Fraxinus pennsylvanica) 3 in. dbh, and Alder (Alnus serrulata) 2 in. dbh. H.4BIT.~kT ANALYSIS ENDr'~NGERED PL4NT STUDIES ~ STS E4M I~ESTOR.~,TIC~i~J ~ ~1P~ETLG,fUG ~11TIG?,TIGN ~ l1iInNITORWG P1M7H 5 to PMH 6 passes through an abandoned Fescue field, with Wild onion, Dog- fennel, Blackberry, Velvet grass, Verbesina, Yellow thistle (Cirsium horridulum), Persimmon and Swamp rose. PMH 6 to PMH 7 crosses a small ditch draining the wetland along the toe of the slope to the west. This ditch was dry on 3une 13, but the soils and vegetation are hydric up on the banks. The channel is 3 ft. wide and TOB 12 ft. Several large trees on the bank will be removed. One is a Green ash 26 in. dbh and the other a Box elder 16 in. dbh. The primary herbs on the banks are Verbesina and Soft rush. In the field, Fescue again is the dominant species, with scattered Sedges (Carex spp.), Peltandra (Peltandra virginica), Soft rush (JuncYrS effuses), Diodia (Diodia virginiana) and Yellow thistle. The ROW parallels the outer edge of the delineated wetland and PMH 7 is inside the delineated wetland. P1NH 7 to PMH 8 continues through this same field with delineated wetlands, with PRRH 8 not in the wetlands. The dominant species in the field is Fescue and a few Soft rush plants. P1vZEi 8 to PMH 9 continues through the same Fescue field, with no wetland species. PMH 9 to P14iH 10 continues through the same Fescue field with no wetland species. PMH 10 to PMH 11 crosses the Rocky River. This allows the ROW not to impact a wetland further north on the west side of the river, and also miss a lazge wetland south of PMH 11 on the east side of the river. The river channel is 5 ft. wide, water is 4 in. deep and TOB is 18-20 ft. The woody vegetation on the bank that will be lost includes two Sweetgums, 7 and 8 in. dbh, and a Red cedaz ~Juniperus virginiana) 13 in. dbh. PMH 11 to PMH 12. PMH 11 is in a Fescue field that is not mowed. Other species in the field include Orchard grass, Velvet grass and Yellow thistle. This field extends to PMH 12. PMI~ 12 to PMH 13 leaves the unmanaged Fescue field undergoing succession and passes into a mowed hay field, which extends all the way to Coddle Creek Rd. (NC 3). A wetland extends all along the eastern border of the ROW, just outside the fencing. This is a very good quality wetland, particularly at between PMH 13 and PMH 14. P141H 13 to PMH 14 continues through the mowed Fescue hay field. The wetland at 36.00 is dominated by Sweet flag {Acores calamus), and includes Peltandra, Touch-me- not (Impatiens capensis}, Galium (Ualiaim tinctorum), Diodia, Soft rush, and Sedges (Carex annectens and C. lurida}. PMI-I 14 to PMH 15 continues in the same hay field and crosses a small tributary (non- blue line), with Sedges on the banks. The channel is 3 ft. wide, water is 2 in. deep and TOB is 11 ft. PMH 1~ to PMH 16 continues through the same hay field. A lateral connection crosses the Rocky River to PMH 16A. One Sycamore (Platarsus occaderrtalis} 20 in. dbh may be affected. The channel is 7 ft. wide, water is 3 in. deep and TOB is 20-22 ft. PMH 16A is in an abandoned ROW now overgrown with grasses. Ply°IH 16 to PMH 17 leaves the mowed field, crosses under Coddle Creek Rd. and ends in a garden on the north side of the road. Regarding the species of concern for the Mooresville USGS Quad, there is no habitat for the Timber rattlesnake. The habitat for the Loggerhead shrike is open fields with scattered trees. This area does provide habitat. Since the impacts are temporary, it is not e:~pected that there will be any impact on this bird, if it is present. Having seen several of the habitats for the Bog turtle, a species with a historic report, the quality of the wetlands on this site, even though some are in the open, the hydrology does not appear to be sufficiently well developed to support a population of Bog turtles. It is important that the limits of the wetlands, usually behind the silt fences be respected during construction. The contractor should be shown where the wetlands are and where the silt fences also act as construction barriers. Possibly colorful surveyor's tape should be tied to the top of the fencing where wetlands occur directly behind the fencing. These may warn the contractor and prevent inadvertent impacts. Otherwise, there are no recommendations regarding this project. ~~ =- Jame .Matthews, Ph.D. ' NC NHP Quad Search Page 1 of 1 NC I~HP Quad Search Results ~ " (_ New Search Returned Elements: 4 using: MOORESVILLE [Nonvascular Plant 1 ] [Vertebrate Animal 3] Major Group Scientific Name Common Name State Federal State Global Quad -Status Map _ Status Status Rank Rank Habitat Nonvascular Rhachithecium perpusillum Budding Tortula SR-D None S1S2 G4G5 Mooresville-Historic Link Plant Vertebrate Crotalus horridus Timber Rattlesnake SC None S3 G4 Mooresville-Current Link Animal Vertebrate Glyptemys muhlenbergii Bog Turtle T T(S/A) S2 G3 Mooresville-Historic link Animal Vertebrate Lanius ludovicianus Loggerhead Shrike SC None S3N S36 G4 Mooresville-Current Link Animal , NC NHP database updated on: Thursday, March 1st, 2007. Search performed on Wednesday, 13 June 2007 @ 14:36:56 EDST Exp_lanation._of Codes. http:// 149.168.1.196/nhp/quad.php 6/ 13/2007