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HomeMy WebLinkAbout20081038 Ver 1_Application_2008070108 1 0 3 8 p?ID Worthington Phase II Apartments Charlotte, Mecklenburg County North Carolina Joint Application Form and Supporting Documentation for NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS AND NCDENR Prepared For Mr. Frank Hoak NRI Communities/Harris Boulevard. LLC 375 North Front Street, Suite 200 Columbus, Ohio 43215 Prepared By Leonard S. Rindner, PWS Environmental Planning Consultant 3714 Spokeshave Lane Matthews, NC 28105 (704) 904-2277 June 28, 2008 Rr?@IRDW[90 JUL 1 2008 DENR - WATER QUALM WMMM AND STORMWATER BRANCH Page I of 10 Corps Submittal Cover Sheet Please provide the following info: 1. Project Name Worthington Phase II Apartments 2. Name of Property Owner/Applicant: Frank Hoak - NRI Communities /Harris Boulevard. LLC 3. Name of Consultant/Agent: Leonard S. Rindner, PWS *Agent authorization needs to be attached. 4. Related/Previous Action ID number(s): 5. Site Address: Near Int. of Research Drive and WT Harris 6. Subdivision Name: Worthington 7. City: Charlotte 8. County: Mecklenburg 9. Lat: 35.3193 Long: 80.7846 (Decimal Degrees Please) 10. Quadrangle Name: Derita 11. Waterway: UT of Mallard Creek 12. Watershed: Yadkin 13. Requested Action: X Nationwide Permit # 18, 29 General Permit # X Jurisdictional Determination Request _ Pre-Application Request The following information will be completed by Corps office: AID: Prepare File Folder Assign number in ORM Authorization: Section 10 Section 404 Project Description/ Nature of Activity/ Project Purpose: Begin Date Site/Waters Name: Keywords: Office Use Only: Form Version March 05 0 8 1 0 3 8 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing SP 1. Check all of the approval(s) requested for this project: X Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ X 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit #18, 29 3. 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: See Attached Approval Letter 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 Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information kr @[901619 1. Owner/Applicant Information JUL 1 2008 Mr. Frank Hoak NRI Communities/Harris Boulevard. LLC DM. WATM QUAUTI' 375 North Front Street, Suite 200 WETLANDSAWsTORMOTERWAWX Columbus, Ohio 43215 Telephone Number: Fax Number: 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: Leonard S. Rindner, PWS Company Affiliation:_ Leonard S. Rindner, PLLC Mailing Address: Wetlands and Environmental Planning Gropp 3714 Spokeshave Lane Matthews NC 28105 Telephone Number: 704 904 2277 Fax Number: 704 847 0185 E-mail Address: len.rindner.pwsLi)gmail.com III. Project Information Page 2 of 10 Attach a 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 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 and NRCS Soil Survey 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 USACE 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: Worthington Phase II Apartments 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 0471311 4. Location County: Mecklenburg Nearest Town: Charlotte Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): Near the intersection of Research Drive and WT Harris north of Interstate 85 - see attached location map 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): 35.3193°N 80.7846 °W 6. Property size (acres): 12.949 Acres 7. Name of nearest receiving body of water: UT of Mallard Creek 8. River Basin: Yadkin (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Former disturbed agricultural land, forested areas in mid succession; disturbed areas; heavy development of commercial, residential projects associated with major transportation corridor and intersection with I-85 and WT Harris - Exit 45B, UNCC, and the University Research Park area. Page 3 of 10 10. Describe the overall project in detail, including the type of equipment to be used: The project is a multi-story multi-family development providing housing for the University with associated parking and stormwater facility. Heavy construction equipment will be utilized. 11. Explain the purpose of the proposed work: Develop multi-family housing, parking, and stormwater management area. 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. A wetland and stream delineation was conducted for the site and verified by the USACE A meeting was held with Steve Chapin of the USACE on June 24, 2008 to confirm eligibility to utilize Nationwide Permit 18 along with Nationwide Permit 29. The site is subject to local and NCDENR stormwater management requirements. 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. Additional impacts are not expected If additional impacts are required a PCN will be submitted 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) 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 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: Impacts are limited to a small intermittent stream and intermittent spring area at the base of a steep slope. Page 4 of 10 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, senarately list imnacts clue to both 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 (yes/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) 1 NWP #18 Scrub/Shrub to Forested No +/- 0- 50' +/-0.068 2 NWP # 29 Scrub/Shrub to Forested No +/- 0-50' +/-0.070 Total Wetland Impact (acres) - less than 1/10" acre 0.14 ac 3. List the total acreage (estimated) of all existing wetlands on the property: Approx. 0.16 acres of streams and wetlands overall 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 must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Number (indicate on map) Stream Name Type of Impact Perennial Intermittent? ? Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) 1 UT of Mallard Ck NWP #18 Intermittent +/-31 280' .018 2 UT of Mallard Ck NWP # 29 Perennial +/- 3' 19' .002 Total Stream Impact (by length and acreage) .02 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. dredging. flooding. drainage. bulkheads. etc. NA Open Water Impact Site Number (indicate on map) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) Total Open Water Impact (acres) Page 5 of 10 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.02 ac Wetland Impact (acres): 0.14 ac. Open Water Impact (acres): 0.00 ac. Total Impact to Waters of the U.S. (acres) 0.16 ac. Total Stream Impact (linear feet): 299 If 7. Isolated Waters Do any isolated waters exist on the property? ? Yes X 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 X stream X wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): stormwater management facilities Current land use in the vicinity of the pond: undeveloped site adjacent to existing commercial and residential projects Size of watershed draining to pond: 17.94 Acres Expected pond surface area: 0.50 acre VII. Impact Justification (Avoidance and Minimization) 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 were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Due to site constraints such as very steep tot)ojzraphv as well as the cost of land in this hiahl urbanized area of Charlotte several alternatives were evaluated to attempt to avoid and minimize impacts to the extent feasible. These alternatives were not practical because they would require substantial retaining walls averaging over 25' high not including ootings costing potentially 650,000 to over 1,000,000 dollars. In addition there would need to be a significant loss of units. To minimize impacts the developer proposes to retain larger natural areas adjacent to the remaining stream as depicted approximately on the proposed site plan The approximate '/2 acre Page 6 of 10 stormwater pond can be well designed as depicted and be constructed and function as intended with a littoral zone and be a viable habitat rather than being engineered and forced on to the side of a steep slope surrounded by extremely high retaining walls making it more difficult to monitor and maintain. 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.cnr.state.nc.us/iicwetlaiids/stnn?,,ide.htmi. 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. The remaining perennial streams and wetlands are preserved in natural common open space areas. Impacts are limited to minor wetland impacts and an intermittent stream. 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 Page 7 of 10 website at http:Hh2o.enr.state.ne.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): 300 LF Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No X 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 ? X. 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 (Neuse), 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 ? 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 (square feet) Multiplier Required Mitigation 1 3 (2 for Catawba) 2 1.5 Page 8 of 10 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. 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. A stormwater management plan is proposed for the project and will be submitted to NCDENR for approval. The attached plan indicates approximate locations and sizing criteria of the stormwater treatment facility. 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. Municipal facilities - CMUD XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No X Is this an after-the-fact permit application? Yes ? No X 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 X 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.cnr.state.nc.us/newetlands. If no, please provide a short narrative description: The project is developing to provide services to the area in the vicinity of I-485. The project site is subject to stormwater management requirements from the City of Charlotte and NCDENR as a result of the 401 WQC required for the project. Page 9 of 10 XV. Other 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 ThreatenedDecies, accessibility problems, or other issues outside of the applicant's control). Applicant/Agent's Signature Date s signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 LEONARD S. RINDNER, PWS Environmental Planning Consultant 3713 Spokeshave Lane Professional Wetland Scientist Matthews, NC 28105 Land Planning Tele: (7(W) 904-2277 Fox (704) $47-0185 May 27, 2008 Attn: Mr. Frank Hoak NRI Communities/Harris Blvd., LLC 375 North Front Street, Suite 200 Columbus, Ohio 43215 RE: Worthington Phase 11 Apartments, 12.949 AC, City of Charlotte, Mecklenburg County, North Carolina Dear Mr. Hoak: In order to interface with the United States Army Corps of Engineers and the North Carolina Department of Natural Resources I will need your authorization. Please sign the following statement: This letter authorizes Leonard S. Rindner, PWS as our firm's agent in matters related to Waters of the U.S. and Waters of North Carolina for the referenced project site. This includes interfacing with the United States Army Corps of Engineers and the North al Resources. 22M7 -??- o(" Frank Hoak Date Please contact me if you have any questions or require additional explanation. Thank you. Sincerely, Leonard S. Rindner, PWS Environmental Planning Consultant Profession Wetland Scientist 1?- EcogsteM z °:• i a? Ala r-- . _, L...3. PROGRAM William H. Cooke Continental Real Estate 150 East Broad Street, Suite 200 Columbus, Ohio 43215 Project: Worthington Phase 2 County: Mecklenburg The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following tahlp .. River Basin CU Location Stream (feet) Wetlands (acres) Buffer I (Sq. Ft.) Buffer It (Sq. Ft.) Cold Cool Warm Riparian Non-Riparian Coastal Marsh Impacts Yadkin 03040105 0 0 300 0 0 0 0 0 Credits Yadkin 03040105 0 0 600 0 0 0 0 0 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact Valerie Mitchener at (919) 715-1973. S' cerely, ? - William D. Gilmore, PE Director cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit Steve Chapin, USACE-Asheville Alan Johnson, NCDWQ-Mooresville Leonard Rindner, agent File kutvri t25... E ... PYDh" 0" Sta& June 19, 2008 Expiration of Acceptance: December 19, 2008 1`f?.DENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-16521919-715-04761 www,nceep.net S $ e££ £ 0 0 5 £ 0 9 9l £ e£ 8 £ 0 ' o Z cj co JIL 1-1 �` �` C7 gj y; t F��y,..;;�' ' / �`f/ + ``/�- 4 1� �,` `i }) { ml i' "`f •1!.M1 Q1L J ;+ +�•� / "}�. L "/^'`t+ ` k • � tt "� •<' 1 `tvl 1 l � Z l.L. _._ r , a • � r/. V IC t u i i. �.\! ` F a0 o Go r t �4 t%r L 1.1 ( i .' r . ! r "'�lf,J \�y,?,> M �..t •: ',•`,. �„�„rr•�� ` \. _... C �,� "�f � �� � l tom:`” ,,,, ��� �.. t `l � LO `,.. � k•k`M - I,�'�. 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"// CAN W?v' \ ?- 670 V) 0 l \ m D / \?- • Date: 68/08 Worthington Phase II Scale: I "=40' 2 / Project #, 1007346 Charlotte, North Carolina 0 221 N G-S- Ch-- NC 1.2. ]01.)330325 F IWJS -- Sheet #', r H ..., L„aooa?.,om E- I Impact Area WET POND CALCULATIONS Drainage Area = 17.94 Acres Impervious Area = 13.46 Acres Percent Impervious = 75 % Average Pond Depth = 6 ft TSS Removal = 85 % SA/DA Ratio = 1.95 % Required Surface Area = 15,239 sq ft Actual Surface Area = 22,360 sq ft Rv = 0.73 Temporary Pool Required Volume = 47,230 cu ft Permanent Pool Required Volume = 91,432 cu ft Temporary Pool Volume Provided = 55,782 cu ft Permanent Pool Volume Provided = 95,796 cu ft Required Forebay Volume (20%) = 19,159 cu ft Forebay Volume Provided = 19,108 cu ft Forebay Percentage of Pond Volume = 20 % APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV 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: ASHEVILLE REGULATORY FIELD OFFICE US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Ann. Mr_ Prank Hoak Applicant: NRI ( >nun tw1w,114am, likd, 11 C 315 noith Now Street. Sunc 20) Columbus. Ohio ,13215 C. PROJECT LOCATION AND BACKGROUND INFORMATION: Worthington Wetland A, C and D & RPW B State:NC County/parish/borough: Mecklenburg City: Charlotte Center coordinates of site (lat/long in degree decimal format): Lat. 35.1919° Long. 80.4627° Universal Transverse Mercator: 17 Name of nearest waterbody: Mallard Creek Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: Rocky River Name of watershed or Hydrologic Unit Code (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 11: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There "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. d 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 "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). 1 TNWs, including territorial seas Wetlands adjacent to TNWs Relatively permanent waters'` (RPWs) that flow directly or indirectly into TNWs [] Non-RPWs that flow directly or indirectly into TNWs 0 Wetlands directly abutting RPWs that flow directly or indirectly into TNWs [j 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: 3331inear feet: 5width (ft) and/or acres. Wetlands:.14 acres. Boxes checked below shall be supported by completing the appropriate sections in Section III below. ' 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). Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual Elevation of established OHWM (if known): Non-regulated waters/wetlands (check if applicable):3 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: 1 Supporting documentation is presented in Section III.F. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section I11.D.I.; otherwise, see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: 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 of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section 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 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.I for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.C below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 1420 square miles Drainage area: 14.5 "SCres Average annual rainfall: 47 inches Average annual snowfall: 2 inches (ii) Physical Characteristics: (a) Relationship with TNW: ? Tributary flows directly into TNW. ® Tributary flows through tributaries before entering TNW. Project waters are 5-10 river miles from TNW. Project waters are 1(or less) river miles from RPW. Project waters are 5-10 aerial (straight) miles from TNW. Project waters are 1(or less) aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNW5: Unknown Cr. to Mallard Cr. to Rocky River. Tributary stream order, if known: 4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and 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. (b) General Tributary Characteristics (check all that apply): Tributary is: ® Natural ? Artificial (man-made). Explain: ? Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: 5 feet Average depth: 2 feet Average side slopes: Vertical (1:1 or less). 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: eroding. Presence of run/riffle/pool complexes. Explain: Tributary geometry: Relatively straight Tributary gradient (approximate average slope): 8 % (c) Flow: Tributary provides for: Intermittent but not seasonal flow Estimate average number of flow events in review area/year: 11-20 Describe flow regime: Other information on duration and volume: Surface flow is: Discrete and confined. Characteristics Subsurface flow: Unknown. 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.7 Explain: If factors other than the OHWM were used to determ High Tide Line indicated by: [} ? oil or scum line along shore objects ? fine shell or debris deposits (foreshore) ? physical markings/characteristics ? tidal gauges ? other (list): 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 me lateral extent of CWA jurisdiction (check all that apply): Mean High Water Mark indicated by: ? survey to available datum; ? physical markings; ? vegetation lines/changes in vegetation types. (iii) Chemical Characteristics: Characterize tributary (e.g., watercolor is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Water color is orange. Identify specific pollutants, if known: Construction run-off (sediment). 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OH WM has been removed by development or agricultural practices). Where there is a break in the OH WM 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: Amphibian life cycles. 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:. l4acres Wetland type. Explain:seep. Wetland quality. Explain:4-6 in. of setiment from adjacent construction present. Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Intermittent flow. Explain: Surface flow is: Discrete and confined Characteristics: Subsurface flow: Unknown.. Explain findings: ? Dye (or other) test performed: (c) Wetland Adjacency 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 TNW Project wetlands are 5-10 river miles from TNW. Project waters are 5-10 aerial (straight) miles from TNW. Flow is from: Wetland to navigable waters. Estimate approximate location of wetland as within the 100 - 500-year 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: Water color is orange. Identify specific pollutants, if known: Construction run-off (sediment). (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: Amphibian life cycle. 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: 3 Approximately ( .14 ) 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) A (Y) I C (Y) .03 D (Y) .01 Summarize overall biological, chemical and physical functions being performed: These wetlands serve to collect and filter run-off from the adjacent construction and multi-family dwellings. Ground water from the wetland seep (A/C) serves to regulate the flow of the RPW, Mallard Creek and ultimately Rocky River. The wetlands provide habitat for wildlife.. 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 of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 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 III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 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 111.D: 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: linear feet width (ft), Or, acres. Wetlands adjacent to TNWs: acres. 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: Multiple site visits has reveled the feature to flow during the rainy season as well as during sizable rain events. Provide estimates for jurisdictional waters in the review area (check all that apply): ® Tributary waters: 333 linear feet 5 width (ft). ? Other non-wetland waters: acres. Identify type(s) of waters: Non-RPWs8 that flow directly or indirectly into TNWs. ? Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a 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 III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetlands physically connect to the RPW. Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary 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:.14acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ? Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ?, Wetlands adjacent to such waters, and have 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 III.C. 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):" 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: "See Footnote # 3. 9 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 solely 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 Regarding CWA Act Jurisdiction Following Rapanos. Identify water body and summarize rationale supporting determination: 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. F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ? If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ? Prior to the Jan 2001 Supreme Court decision in "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): linear 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 area that do not meet the "Significant Nexus" standard, where such a finding is required forjurisdiction (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): 0 Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:Maps. ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ? Office concurs with data sheets/delineation report. ? Office does not concur with data sheets/delineation report. Data sheets prepared 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 USGS Derita (NC). USDA Natural Resources Conservation Service Soil Survey. Citation:http://websoiIsurvey.nres.usda.gov. ? National wetlands inventory map(s). Cite name: ? State/Local wetland inventory map(s): ? FEMA/FIRM maps: ? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): Mecklenburg GIS Polaris 2007. or ? Other (Name & Date): ? 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: Please see attached wetland data forms and NC DENR stream form. APPROXIMATE MAP - WATERS OF THE U.S *FOR SURVEY AND STUDY PURPOSES ONLY SUBJECTTO U.S.A.C.E. VERIFICATION WORTHINGTON PHASE 2 JURISDICTIONAL WATERS OF THE U.S. 4-18-2008 (UPDATED 5-14-08) PERENNIAL STREAM "B" (RPW) B15: BEGIN PERENNIAL STREAM (RPW) (CONTINUE TO LOCATE CENTERLINE AND WIDTH OF STREAM IF ONSITE) SEWER LINE (APPROXIMATE) { 7V f ?- -? POND OUTFLOW STORM WATER POND (OFFSITE) G1- 20: WETLAND BOUNDARY F:Ua-b) - 2: IMPORTANT INTERMITTENT STREAM (RPW) ?Z1- 8: LINEAR WETLAND Y1-17: WETLAND BOUNDARY 75 J^C- I' Jr 1 1 ?--W"4qsp B15: END IMPORTANT INTERMITTENT STREAM - BEGIN PERENNIAL STREAM (RPW) (LOCATE C-L AND WIDTH IF ONSITE) ' ?- D1- 6: WETLAND AREA -DISTURBED IN S/S LINE C1- 16: WETLAND AREA B1: BEGIN IMPORTANT INTERMITTENT STREAM (RPW) A1(a-b) - 19:WETLAND AREA H1- 8: WETLAND BOUNDARY E1- 18: IMPORTANT INTERMITTENT STREAM (RPW) (ENDS IN WETLAND) _ El (a-z): IMPORTANT INTERMITTENT STREAM (RPW) (CONTINUES OFFSITE) X1-15: WETLAND BOUNDARY W1- 6: IMPORTANT INTERMITTENT STREAM (RPW) q!' E IIB URG CO UNW._ G APPROXIMATE MAP - WATERS OF THE U.S *FOR SURVEY AND STUDY PURPOSES ONLY SUBJECTTO U.S.A.C.E. VERIFICATION WORTHINGTON PHASE 2 JURISDICTIONAL WATERS OF THE U.S. 4-18-2008 (UPDATED 5-14-08) 1 H <n L F y 1W Mt, 0 i t .a .pl ln) d . _ . _. _ .. d -t p bl q Ir t ra F -,d • II Ilnq de Ir de P th. th C d t bt d c P t l.ba ) V a, k 2 d 0 0 017g cony<ntlona s ethodr ' CM C--t, M --m nnA nll re?rAnrlev n a nnv ed m A., t, Amerlrm Z.11 '9n1' F C 1. P r HO N 111 III R A, t PW ent kgj k r,, e•<n Corv --- - -4627 ? C /l //l'1' ~? N/ w , _ PI n / ly ^ ? '?y? l ` (I t (. b A G "d 1--- I n .l 't' ' C '( qv °r° I SCt Je L. - 1 VEt.' Q . ?) ,.1F s uR j /r H-k<yn 96rn1ng C,-pnny 00 1:739 PC 79, MO 35 PC 119 1 j 4" Z - C Y ;Lot 7) Vicinity Map - NTS ' PI(t (1!1_131-77 Anpredm Ct< location. a? 40 - -..P<rmorualt Dct<ntlnn Fnsemcnt k Pnb,lc l)roinapn I,onmtnnl _ p MB 2[t Ph 376 MD P 119 ??r17 f.1C f5' SANI TAR S-.WFR EA_.EWN- ... /? DH B7? PC 13E l N ) 00, ?? ? -/ -C 1. x keady M d crotn O9 q"I P( ,1410^ ?.iPV P N nt HS '- - ]C G4' ><p wet iii; nod rj ... ?? wuo) I1-s? Y' n. VF 1114, x VF 913(CL 4') r 1 ?-w<11nnA A><n Ir J VF ntrBA?', I n, n6 VF 9124CL 4')/./ VF BIUCL 7') f ' I VF BIO(CL 51) / i WF RIO/C10 Lo 2 NIT. Communlt es/hw-ie Brd. LLC WF ?(LL 79 / / . OB 20957 PC ?11 VF BBCCL 4' ., - WF CIl t.ot - ?''_ f tN W" A'045 PG _,5u 12.949 Acr<n / ''AVF C9 I NH 4 pt, t. PID: 041-131 -pH PID:047- 137 5! ? VF 17(CL 4')r%? J VF C12 ?J L'F Ct3r/ r l VF BG(CL 59/ ?' !VF CB -VF C14 WF B3(CL 31,." " Cy w "WF C7 j iII j ; VF Cf5 I Vf CI6CTIES T<Y 8?k' • ?' VF C6 i i 1`VF r5 WF 34CCL 5') / '(VF C4 VF A19CTIES TO C4?,: \ I hVF C3 l •wetlond Area ..? t•' ' , 111-nb I vF aleX' ?Vr C2 YVF 33/Cl VF A171 /' %WF B3(CL 5') VF A13? A14 VF B2(CL 5) •' -_ +? Alm VF AI6?- ' VF 412'.' Wr All WILL Yl VF All g1?, 5e<Y,Irrlpu•Inn1 Wettnnd At., / Inl ern lillent 3lreun. At-Al. / I -815 VF A7>t. . 4 VF ARIES TO Bt) VF AIS , ?. x VF A18 -XWF A2 N,,)r5: VF A5 VF A-' t. 0-0 Rcfvcncc(s) - OCed Boob 19643 PG 479 MB 45 ^L 53. 7. Te° Pnrcd F) - 047-1.11-M .1 Curren) 0- - 1W ybrth>1Ulun. Inc 4 A!1 (le.(AID)e (Fe NC. GrIJ bemings. 5 Ad rMetnnrev n shnxn hnr:rnntn, n b r:.iA dirt n rn Nnrl,n - d"t- r Wetland Surve ^nmbinCd C,G1 raclbr (0.999&kt10) y 7. ?bb grope.ty may be eubiect ,C <dditi-I of Lot 2 r<so-i.. uo??s, c? cm<nls. aunts of "n r. nunu<.. e„once axA°<s,h H:rn ,Ix,t n y hn n, rnn_r"d e " for n lhk Lnr;:m ;y Ix n1d lur:nlnn v1 e xlxrlal F-«xnl H-11 A-, ns 'Im mYlnrl by th< 0nlxv irnnnl LLC Continental Communities M w.-,rt0 - thban tteuelnp-L , %larenu (;xnmunity 1>enm Number 370155g0118L Worthington Doccd P°U__y 0+, 7004. Scale: 1 "-401 4 0 A) 0 4 0 9 the No kh C W( - GOd C-di. tcs sh- nn City of Charlotte, II rnpp me dtbhed b, st 1k diffamlllol OPD .6--liuoe -irv ,rW614700 B<oeyes pod t P Mecklenburg County t d .0;lq G.I prb<esee ne US1t-M" Oler 5rnwcb . P,np.dy F•nn mke - nnl ehn.1 f nlnrn.y. North Carolina prnpe.ty inrn.mntmn ,e rnewr ,•om. MM 45 ,>c: 5.1, Dale' M.t)' 61h• 20(18 Revision l: eed .. the M-Malburq county a<gmte< at DI d,, CnGtlId "=tool Plnt fa C-Iti, Proprrtws, - (704) 376-7777 P1t7 L I1.':I performed by Lan 10-p 5,-yin U. Inc and an Tic04)'i711-2443 7 PTOja'.t Numbcr:41,09071 Revision 2: Dw d It/.1)/x)05 nrld met r-1-6 1212012COS. 11 yklland ,bcutt<ne We PI, -,ld .r.n ? 223 North Graham St. •+ Shcet 2 01 4 l s(xeey'_1; bnl and A<1+1nnInA by i .=- -tnl P--q rn elaenms. ?] Q? 3i -1f3? V Charlotte, NC 232(72 Wetland Area A 4167 SF Nf}RTJING EASTING DESCRIPTION t. 1471745.74 WF A7 575956.26 14 17.4.55 AR 575963.34 1411726.10 WF All 575962.69 1471719.61 WF A14 .fi 1471711.41 WF A13 14 1.1 , _ 575958.91 1471754.18 Y AE 575975,13 1471745.39 WF A9 575971.52 1471779.15 WF A4 575960.19 1471782.39 WF A9 575989.92 1471787.77 WF A2 80.95 1471792.49 WF A3 A I I. t1 131 m .. _ _.? 16 Ud.fs 14)1777.76 . 1 575987.46 1471739.01 WF AID 575988.34 1471733.04 WF A15 5760019.93 1471737.57 WF A16 576023.07 1471719.90 VYF A17 604K94 1471702.16 VF A18 R ' 57r6olb.5'7 1411686 WF AID (TIES 10 C4) - Irn ©rtont Intermittent Stream t3 r 333 LF NORTHING LASTING O SCRs I N 576077.94 1471687.61 N'F 84 (CL 5 o 1471665.40 WF B5 CL 5 576051.88 1471727.32 WF B3 CL 5 576041.14 1471740.28 W B2 CL 5 5761323.66 1471754.40 VVF Bl CI 3 576131.10 1471654,25 B& CL 5 l 1 ", 8.9 1471639.97" 8 'Cl- 4 _ - 576163,31 14 1 1 _ C 4 576173.54 1471627.6.5 4 69 CL 5 576178.88 1471520.74 W 01 O (CL 5 5761-8-9-7-2 _ 2 1471606.39 WF B11 % 7 578210.69 1471585.56 W 812 CL 4 G23D.05 1471559.81 WF 813 Cl_ 4 576248.913 , 14 1 1. 6 VVF 14 Wetland Areo C (1.49 4 s NORTHING LAS I C U RIP 11CIN 576110.77 " 1471675.46 WF C16 TIE ; TO 85 M-117,52- 1471681.04 C5 v Z 1 1670,42 W7- C15 576140.70 1471670.09 WF C7 576139.95 1471563.63 WF C14 5761159.51 9471654.00 WF C13 576159.92 1471659.88 WF CO b - 576172.72 1 U Ct ' 570175.13 14716J2.20 WF C11 576184.59 1471621,43 WF 810 C10 576100.37 14716B6.91 VW C4 57610019 147169$.75 WF C3 576 64 14-1171 1.24 576059.69 1471723.40 WF 83 C1 Wetland Area 0 342 SF NORTI N4 CASIINC i 10tw 576258.45 1471551.28 WF 04 576265.43 1471565.85 WF 05 576267.30 1471579.38 WF D1 D6 576282.88 1471573,68' -W-0 576273.41 14715 4.' r? Portion of r Wetland Boundary t J HI -148 a` ? End Irriocirtarit' 4-ti 7r Intermittent Strearfl at Property Line £115 ; 1 r - 6 'r t f if1 " rr 1Veteand Aren . f ' } C1-C1fi Wetland Arco f •', l?% rn . Al -Ai 9 r7 4 l l Begin important l Intermittent Stream 1911-615 Lot 2 NRI Comm unitiaa/Harris Oliva, LLC UB 20957 PG 211 MB 45 PG 53 12.949 Acres PID: 04,7-131-56 I t I I I I Stream B North Carolina Division of Water Quality - Stream Identification Form; Version 3.1 Date: 5-21-0e Project: WO,,Lhingtun Latitude: '-;5 . 191 9 ° N Evaluator:TUDD WARREN/NICK NFLSONSite: Longitude: 130-4627'w Total Points: Other JSX; nc.i L<i MC: Stream rz atteavf inte mwe,nt 27 . County: Meckleribu:-g COUNTY a g. Quay Name: i,' Z! 19 or pererin ai d t 30 A. Geomorphology ;subtotal = i1 0 'I Absent Weak Moderate Stronq 113. Continuous bed and bank 0 1 ? 3 `sinuosity 0 1 2 3 3. In-channel structure: riffle-pool sequence 1 2 3 4 Soil texture or strearn substrate sorting 0 1 2 3 5 Activefrelic floodplain 0 1 2 3 6 Depositional bars or benches 0 1 3 7 Braided channel 0 1 2 3 8_ Recent alluvial deposits 0 2 3 9° Natural levees 0 1 2 3 10. Head cuts 0 1 ? 3 11. Grade controls 0 0.5 1.5 12. Natural valley or drainageway 0 0.5 1 ` 13. Second or greater order channel on existing USGS or MRCS map or other documented evidence. 'ti'es = 3 ° Mar-made ditches are not rated: see disaussicns in manual R 1-Iv4-lrnlrkgv (g0-Antat 3 t 14. Groundwater flowldischarge 0 1 2 15. Water in channel and > 48 hrs. since rain, or Water in channel -- d or growing season 0 1 2 16. Leaflitter 1.5 1 0.5 D 17. Sediment on plants or debris 0 0.5 1.5 18. Organic debris lines or piles ;Wrack hnes} 0 1 1.5 19. Hydnc soils fredoximomhic features) present? Fdo = 0 = 1.?• r77. C_ Bioloav (Subtotal = 1 20 . Fibrous roots in channel 3 2 1 D 21 . Rooted plants in channel 3 2 1 0 22. Crayfish 0 0. E. 1 1.5 23. Bivalves 0 1 2 3 24. Fish 0 0.5 1 1.5 25. Amphibians 0 0.5 1 1.J 26. Macrobenthos (note dnrersAy and abundancel 0.5 1 1.5 27_ Filamentous algae; penphyton i 2 3 28. Iron oxidizing bacterialfungus_ 0.5 1 1.5 29 L. 'Netland plants in streanlbed F.AC = 0.5: FAC'4'V = 0.75; OBL = 1.5 SA`.' _ ?.D: father t1 hems 20 and 21 focus on the presence of upland plants. Item 29 focuses on the presence of aquatic or wetland plants. Notes: ;use backside as this form for additional notes.) Sketch: Attn: Mr. Frank Hoak NR1 Communities/Hon i,, Blvd- LI.C 375 North Front Street. Suile 200 Colurnbus. shirr a.i'_• 15 m c 0 `m U s r 0 z C 7 U rn cc d U O) I tna O U) g e` ? s 0 °o OD M 80 N ? N N N OA In N Q- 0 cn N O Trn N Z> 00 (/)o -00 oU C O z 0 0 0 O N O ? V N it U ? 7 1010 O CO N .?. Z Z8C I; Soil Map-Mecklenburg County, North Carolina MAP LEGEND Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Units Special Point Features V) Blowout ® Borrow Pit Clay Spot Closed Depression n Gravel Pit Gravelly Spot Landfill Lava Flow y? Marsh Mine or Quarry [j Miscellaneous Water t, Perennial Water V Rock Outcrop + Saline Spot Sandy Spot Severely Eroded Spot t} Sinkhole Slide or Slip Rr Sodic Spot Spoil Area () Stony Spot j Very Stony Spot Wet Spot i Other Special Line Features _ Gully Short Steep Slope f f Other Political Features Municipalities 0 Cities Q Urban Areas Water Features ;{ Oceans - Streams and Canals Transportation +++ Rails Roads y Interstate Highways US Routes State Highways y+? Local Roads Other Roads MAP INFORMATION Original soil survey map sheets were prepared at publication scale. Viewing scale and printing scale, however, may vary from the original. Please rely on the bar scale on each map sheet for proper map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: http://websoilsurvey.nres.usda.gov Coordinate System: UTM Zone 17N This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Mecklenburg County, North Carolina Survey Area Data: Version 8, May 7, 2007 Date(s) aerial images were photographed: 1993 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. LSDA Natural Resources Web Soil Survey 2.0 5/22/2008 Conservation Service National Cooperative Soil Survey Page 2 of 3 Soil Map-Mecklenburg County, North Carolina Map Unit Legend Mecklenburg County, North Carolina (NC119) Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI CeB2 Cecil sandy clay loam, 2 to 8 58.1 63.9% percent slopes, eroded CeD2 Cecil sandy clay loam, 8 to 15 9.5 10.4% percent slopes, eroded EnB Enon sandy loam, 2 to 8 percent 6.1 6.7% slopes EnD Enon sandy loam, 8 to 15 3.1 3.4% percent slopes PaE Pacolet sandy loam, 15 to 25 14.2 15.6% percent slopes Totals for Area of Interest (AOI) 91.0 100.0% Natural Resources Web Soil Survey 2.0 5/22/2008 Conservation Service National Cooperative Soil Survey Page 3 of 3 O O LO f _ m t . e• �.— ��. . nI rn OLU(ja)� OD ( >•"i .,� LLI IL CL PI ZD 00 OD CD co �} 4! + Y \ \ •: ..•-,,'i ' i „',-,.�' ..!s�_ 'Fan.F-a..1��rJ % - ` n ,1 _ ;' _ 1 f . J; l �> l... t / O �/l a fh 4 K`�}�` `/ •. i . tpt; y�l� J �µ r,,.}` r C (�•s'� �..:--„�R�i .� � zy� i� it♦ ,� ` �( � � d 7 M O O M �^ \,yj�f dE 1 ,A S `) 00 O ti arj/ �'�� fir^ •-n I, (� vk qk co CO cu r r � r f.F- i • • � ���. 1. a 5 5 M 1 s 4•na'. - yt R 5 Q o ami Z0 f0(0 W % �, '� '� _�7( •Y":�' 0(0 2' N U rte_ / f;�.d •• \ N co 0 ,y^,., .,, � o f0 @ U 00 . r_t� •Y Z (n G44 74 IV oV VVty�44 JG IV oJ�JY4 �G----- - ---IY-o444�OV4 �4 IV DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) ,-Athr Mr. Frank Hoak NR1 Com munitieN/Har ,, blvd_ L1 C 375 North Front Street. Sung 200 Columbus. Ohio 4.3215 Project/Site: Worthington Date: 5-21-08 Applicant/Owner: See top -right County: Mecklenburg Investigator: Todd Warren, Nicholas Nelson State: NC 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 No ? Plot ID: Upland (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1 Acer rubrum Tree FAC 9. 2. Carpinus caroHniana Tree FAC Ip. 3. Euonymus americanus Shrub FAG 11. 4 Elymus virginicus Herb FAC 12. 5. 13. 6. - 14. 7 15. 8. 16. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-). 100% 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: NA (in.) Oxidized Root Channels in Upper 12" Water-Stained Leaves Depth to Free Water in Pit: NA (in.) Local Soil Survey Data FAC-Neutral Test Depth to Saturated Soil: NA (in.) Other (Explain in Remarks) Remarks: SOILS Map Unit Name (Series and Phase): CeB2 Drainage Class: Well Drained Field Observations Taxonomy (Subgroup): Confirm Mapped Type? /Yes No Profile Description: Depth Matrix Color Mottle Colors Mottle Texture. Concretions, inches Horizon (Munsell_Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-2 A 7.5YR 4/4 NA NA Sandy Clay Loam 2-6 B 7.5YR 5/4 NA NA Sandy Clay Loam 6- B 7.5YR 6/8 NA NA Clay 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 _ Gieyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks: IL-- 11 WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes Wetland Hydrology Present? Yes Hydric Soils Present? Yes Remarks: No ? (Circle) (Circle) No No ,/ Is this Sampling Point Within a Wetland? Yes No,/ ApprMea by HUUSA;L S92 DATA FORM ROUTINE WETLAND DETERMINATION Attn: Mr. Frank Hoak (1987 COE Wetlands Delineation Manual) NRt Crnnntunirir?dHan;ti Blvd., 11-C 375 North Front Street. Smte 200 Columbus, Ohio 43215 Project/Site: Worthington Date: 5-21-08 Applicant/Owner: See +.°p , gtit County: Mecklenburg Investigator: Todd Warren, Nicholas Nelson State: NC 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 No ? Plot ID: A,C,D (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator .1 Platanus occidentalis Tree FACW- q. 2. Salix nigra Tree OBL 10. 3.Alnusserrulata Shrub FACW+ 11. q Carex lurida Herb OBL '12. 5 Lycopus virginicus Herb OBL 13. 6. - 14. 7. .15. 8. 'If. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-). 100° Remarks: HYDROLOGY ? Recorded Data (Describe in Remarks): Wetland hydrology Indicators: Stream. Lake, or Tide Gauge Primary Indicators: ? Aerial Photographs 1/ 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: 2 (in.) Oxidized Root Channels in Upper 12" _ V Water-Stained Leaves Depth to Free Water in Pit: 0 (in.) Local Soil Survey Data y/ FAC-Neutral Test Depth to Saturated Soil: 0 (in.) Other (Explain in Remarks) Remarks: SOILS Map Unit Name (Series and Phase): CeD2, Cecil sandy clay loam, 8 to 15 percent slopes, eroded Drainage Class: Well Drained Field Observations Taxonomy (Subgroup): Fine, kaolinitic, thermic Typic Kanhapludults Confirm Mapped Type? VYes No Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, inches Horizon (Munsell_Moist) (Munsell_Moist) Abundance/Contrast Structure, etc. 0-6 A 7.5YR 4/1 7.5YR 5/1 10% Sandy Clay Loam 6- B 7.5YR 6/1 NA NA Clay 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? v(Yes Wetland Hydrology Present? (Yes Hydric Soils Present? (Yes Remarks: No (Circle) (Circle) No No Is this Sampling Point Within a Wetland? Yes No Approvea by HUUSACE 3V92