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HomeMy WebLinkAbout20120011 Ver 1_401 Application_20120112cws Carol a WeU d SBN Ca9 Carolina Wetland Services, Inc 550 East Westinghouse Boulevard Charlotte NC 28273 704 527 1177 Phone 704 527 1133 Fax TO Mr Ian McMillan N C Division of Water Quality 401 Wetlands Unit 512 N Salisbury St 9th Floor Archdale Building Raleigh NC 27603 Date 01 03 12 CWS Project # 2011 2873 2 0 1 20 0 1 1 R12@00YER I AN 4 2012 nAND5 AND STOR,IMA ER BRA H LETTER OF TRANSMITTAL WE ARE SENDING YOU ®Attached ❑Under separate cover via the followmg items ❑ Prints ❑ Plans ❑ JD Package ❑ Specifications ❑ Copy of letter ❑ Change order ❑ Wetland Survey ® Other TF TwrT nCT TRFQ ARP MnT ec VnTFn VTATnT v ATn=V T Tc AT nXTrr 1'HESE AXE TRANSMI "I "TED as checked below ❑For approval ❑Approved as submitted ®For your use ❑Approved as noted ❑As requested ❑Returned for corrections ❑For review and comment ❑Resubmit copies for approval ❑Submit copies for distribution ❑Return corrected prints ❑For your verification and signature REMARKS Ian, Please find attached five copies of the Preconstructron Notification and application for Water OualrtY Certification No 3687 for the Galax Drive Drainage Improvements Project A check for the application fee is also attached Copy to File Thank you omas Blackwell PWS NORTH CAROLINA SOUTH CAROLINA 14Certification 1 01/03/11 5 Application for Water Quality No 3687 2 01/03/11 1 Application Fee Check ($240) 1'HESE AXE TRANSMI "I "TED as checked below ❑For approval ❑Approved as submitted ®For your use ❑Approved as noted ❑As requested ❑Returned for corrections ❑For review and comment ❑Resubmit copies for approval ❑Submit copies for distribution ❑Return corrected prints ❑For your verification and signature REMARKS Ian, Please find attached five copies of the Preconstructron Notification and application for Water OualrtY Certification No 3687 for the Galax Drive Drainage Improvements Project A check for the application fee is also attached Copy to File Thank you omas Blackwell PWS NORTH CAROLINA SOUTH CAROLINA Corps Submittal Cover Sheet 2 0 1 20 0 1 1 Please provide the following info 1 Project Name Galax Drive Drainage Improvements Project 2 Name of Property Owner /Applicant Charlotte Storm Water Services (CSWS) 3 Name of Consultant/Agent CSWS, Mr Isaac Hinson, PWS *Agent authorization needs to be attached 4 Related/Previous Action ID number(s) N/A 5 Site Address 4906 Galax Drive, Charlotte, NC 6 Subdivision Name N/A 7 City Charlotte 8 County Mecklenburg 9 Lat N35 254289° Long W80 7842770 (Decimal Degrees Please 10 Quadrangle Name Derita, NC, dated 1996 and Charlotte East, NC, dated 1991 11 Waterway UT to Little Sugar Creek 12 Watershed Santee (HU# 03050103) 13 Requested Action X Nationwide Permit # 3 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 Begin Date Authorization Section 10 Section 404 Project Description/ Nature of Activity/ Project Purpose Site /Waters Name Keywords L�WS Carobna Wetland Services January 3 2012 Ms Amanda Jones U S Army Corps of Engineers 151 Patton Avenue Room 208 Asheville NC 28801 Mr Ian McMillan 550 E WESTINGHOUSE BLVD CHARLOTTE NC 28273 866 527 1177 (office) 704 527 1133 (fax) NCDWQ — Wetlands and Stormwater Branch 512 N Salisbury St 9th Floor Archdale Building Raleigh NC 27603 Subject Pre Construction Notification Pursuant to Nationwide Permit No 3 Galax Drive Drainage Improvement Project Charlotte, North Carolina Carolina Wetland Services Project No 2011 2873 The Galax Drive drainage improvement project is located at 4906 Galax Drive in Charlotte North Carolina (Figure 1 USGS Site Location Map attached) The purpose of this project is to upgrade an existing storm drainage pipe system and alleviate flooding at 4906 Galax Drive Charlotte Storm Water Services (CSWS) has contracted Carolina Wetland Services Inc (CWS) to provide Section 404/401 permitting services for this project Applicant Name Charlotte Storm Water Services Isaac J Hinson PWS Mailing Address 600 East Fourth Street Charlotte NC 28202 Phone Number of Owner /Applicant 704 336 4495 Street Address of Project 4906 Galax Drive Charlotte NC Tax Parcel ID 091 022 01 091 022 13 091 022 03 and 091 051 09 Waterway UT to Little Sugar Creek Basin Santee (HU# 03050103) City Charlotte County Mecklenburg Decimal Degree Coordinate Location of Project Site N35 2542890 W80 7842770 USGS Quadrangle Name Derita, NC dated 1996 and Charlotte East NC dated 1991 Current Land Use The project area is approximately 0 81 acres in extent and is comprised of city streets and single family residential properties with maintained lawns and yards as well as a parking lot for a commercial business Dominant vegetation within the project area consists of white clover (Trifolium repens) sawtooth blackberry (Rubus argutus) Japanese honeysuckle (Lonicera japonica) glossy privet (Ligustrum lucidum) English ivy (Hedera helix) and fescue (Festuca sp ) NORTH CAROLINA SOUTH CAROLINA WWW CWS INC NET Galax Drive Drainage Improvement Protect January 3, 2012 Nationwide Permit No 3 Proiect No 2011 2873 According to the Soil Survey of Mecklenburg County' (Figure 2 NRCS Soil Survey Map attached) on site soils consist of Helena Urban land complex 2 to 8 percent slopes (HuB) and Helena sandy loam 2 to 8 percent slope (HeB) Helena soils are moderately well drained and are listed on the North Carolina Hydric Soils List for Mecklenburg County2 (HeB) and on the National Hydric Soils List3 (HeB and HuB) as having hydric inclusions Jurisdictional Determination On December 12 2011 CWS scientist Thomas Blackwell delineated jurisdictional waters of the U S within the project area Jurisdictional areas were delineated using the U S Army Corps of Engineers ( USACE) Routine On Site Determination Method This method is defined in the 1987 Corps of Engineers Wetlands Delineation Manua14 with further technical guidance from the Eastern Mountains & Piedmont Interim Regional Supplements dated July 2010 A Wetland Determination Data Form representative of non jurisdictional upland areas has been enclosed (DP1) Jurisdictional stream channels were classified according to recent USACE and North Carolina Division of Water Quality ( NCDWQ) guidance These classifications included sampling with a D shaped dip net taking photographs and defining approximate breakpoints (location at which a channel changes classification) within each on site stream channel A NCDWQ Stream Classification Form and USACE Stream Quality Assessment Worksheet representative of Stream A are enclosed (SCP1) The results of the on site field investigation indicate that there is one jurisdictional stream channel (Stream A) located within the project area (Figure 3 attached) Stream A is an unnamed tributary to Little Sugar Creek Little Sugar Creek is within the Santee River basin (HU# 03050103)6 and is classified as Class C waters by the NCDWQ On Site jurisdictional waters are summarized in Table 1 below Table 1 Summary of On Site Jurisdictional Waters Jurisdictional Feature Jurisdiction SCP No NCDWQ Steam Classification Score USACE Stream Assessment Score Approx Length Lmear Feet (10 Approx Acreage (ac) USACE/EPA Rapanos Classification Intermittent/ Perennial Stream A RPW Intermittent SCP1 20 31 126 00058 On Site Total 126 0 0058 I United States Department of Agriculture 1971 Soil Survey of Mecklenburg County North Carolina 2 United States Department of Agriculture — Natural Resources Conservation Service 1999 North Carolina Hydric Soils List USDA NRCS North Carolina State Office Raleigh 3 United States Department of Agriculture —Natural Resources Conservation Service 2010 2010 National Hydric Soils List by State 4 Environmental Laboratory 1987 Corps of Engineers Wetlands Delineation Manual Technical Report Y 87 1 US Army Engineer Waterways Experiment Station Vicksburg Mississippi 5 US Army Corps of Engineers July 2010 Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual Eastern Mountains and Piedmont Region US Army Engineer Research and Development Center Vicksburg Mississippi 6 HU# is the Hydrologic Unit Code U S Geological Survey 1974 Hydrologic Unit Map State of North Carolina 2 Galax Drive Drainage Improvement Project January 3, 2012 Nationwide Permit No 3 Protect No 2011 2873 Relatively Permanent Waters with Seasonal Flow Stream A flows northwest across the project area for approximately 1261mear feet Stream A exhibited a moderate continuity of channel bed and bank weak substrate weak flow and an average ordinary high water width of one to two feet Biological sampling revealed a strong presence of iron oxidizing bacteria and a moderate presence of algae Stream characteristics indicate that continuous flow is present for at least three months in an average year Stream A was classified as a Relatively Permanent Water with seasonal flow (RPW) according to USACE/EPA guidance Seasonal RPW Stream A scored 31 out of a possible 100 points on the USACE Stream Quality Assessment Worksheet and 20 out of a possible 63 points on the NCDWQ Stream Classification Form indicating intermittent status (SCP1 enclosed) Photographs A B and C (Figure 3 attached) are representative of Intermittent Seasonal RPW Stream A Agency Correspondence Cultural Resources A letter was forwarded to the State Historic Preservation Office (SHPO) on December 20 2011 to determine the presence of any areas of architectural historic or archaeological significance that would be affected by the project As of the date of this submittal a response from SHPO has not yet been received CWS consulted the Charlotte Mecklenburg Historic Landmarks Commission database and found no listed properties within the project area Protected Species A letter was forwarded to the North Carolina Natural Heritage Program ( NCNHP) on December 20 2011 to determine the presence of any federally listed candidate endangered threatened species or critical habitat located within the protect area As of the date of this submittal a response from the NCNHP has not yet been received In addition the NCNHP Geographic Information Systems (GIS) database Virtual Workroom and Element Occurrence (EO) database was reviewed for a listing of EOs of endangered or threatened species within or near the project area The EO database identified no endangered or threatened species within a two mile radius of the protect area Purpose and Need for the Project The home located at 4906 Galax Drive is experiencing flooding of the crawl space During the analysis phase of the project it was discovered that the existing pipe system was designed to sustain the ten year storm event but will flood at the 25 year storm event In addition it is the opinion of the project engineer that mlet blockages are causing structure flooding during storm events of a lesser intensity than the 25 year storm event The purpose of this project is to upgrade an existing storm drainage pipe system at 4906 Galax Drive to sustain the 25 year storm event In addition the upgraded system will protect the property from flooding during a 100 year storm event Avoidance and Minimization Impacts to on site jurisdictional waters of the U S have been reduced to the maximum extent possible Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters All work will be constructed in the dry in accordance with Water Quality Certification No 3687 Galax Drive Drainage Improvement Protect January 3, 2012 Nationwide Permit No 3 Protect No 2011 2873 Impacts to the bed of existing channels have been avoided wherever possible There will be no additional piping of the jurisdictional stream channel Permanent impacts to jurisdictional waters of the U S will be limited to approximately 981mear feet of rip rap placement necessary to maintain the stability of the mlet channel and to dissipate energy at the Galax Road culvert outfall The use of grade control structures upstream of the proposed pipe replacement was considered However the channel is too small to be effectively and reliably stabilized in this manner Proposed Impacts to Jurisdictional Waters Unavoidable impacts to Jurisdictional Waters of the U S total 981mear feet of permanent stream impacts (Figure 4 attached) Impacts are the result of rip rap placement to stabilize the channel upstream of the mlet and to dissipate the energy of the water at the culvert outfall The project will involve the replacement of the existing 32 inch stormwater pipe with a 42 inch reinforced concrete pipe (RCP) Permanent impacts to Seasonal RPW Stream A total 98 lmear feet and are the result of 75 feet of channel gradmg and rip rap installation upstream of the pipe and the installation of a 23 foot rip rap apron at the pipe outfall (Figure 4 attached) associated with the upsizmg of the 32 inch pipe to a 42 inch RCP The gradmg and rip rap placement upstream of the pipe is designed to provide channel stability due to a steep slope and to allow for better drainage into the pipe system The proposed rip rap apron is designed to protect the stream bed and banks from erosion and to dissipate the energy of water exiting the pipe A cross section and profile view of the proposed rip rap installation are included on Figure 4 Table 2 Summary of Impacts to On Site Jurisdictional Waters Jurisdictional onal Intermittent NWP / Permanent Approx Feature / Perennial Impact Type No Approximate Acreage Len th RPW Stream A Intermittent rip rap apron 3 23 if (Permanent) 00011 RPW Stream A Intermittent rip rap within 3 75 if (Permanent) 00034 channel Stream Impacts (Total) 98 if 00045 acre Stream Impacts (Permanent) 981f 00045 acre On behalf of CSWS CWS is submitting a Pre Construction Notification Application with attachments in accordance with Nationwide Permit General Condition No 27 (enclosed) and pursuant to Nationwide Permit No 3 Compensatory Mitigation Permanent impacts to ,jurisdictional waters of the U S have been limited to 981mear feet of seasonal stream channel Therefore no mitigation is proposed for these impacts Galax Drive Drainage Improvement Protect January 3, 2012 Nationwide Permit No 3 Protect No 2011 2873 Please do not hesitate to contact Isaac Hinson at 704 336 4495 or ihmson @ci charlotte nc us should you have any questions or comments regarding these findings Isaac J Json PWS Wetland Specialist re .Antemann PWS — Principal Scientist Enclosures Figure 1 USGS 7 5 Denta and Charlotte East NC Topographic Quadrangles Figure 2 NRCS Mecklenburg County Soil Survey Figure 3 Approximate Jurisdictional Boundary Field Map Figure 4 Proposed Impacts Request for Jurisdictional Determination Form Pre Construction Notification Pursuant to Nationwide Permit No 3 NCDWQ Stream Classification Form (SCP1) USACE Stream Quality Assessment Worksheet (SCPI) USACE Wetland Determination Data Form (DPl) Approved Jurisdictional Determination Form cc Mr Mark Cantrell U S Fish & Wildlife Service 5 m o b o lyO p ti m �N I 3 `� � • �•T` N�j , m W3 uo° O W •�" HJ W ii W� QO W o BVRRYAIORE LEAFMORE � of u? W0 °WU om � ti o 42, RCP � " W O ° ss22U M1lb e „ 3 bV 96'6f1 I nO 90'O4L :NI ZO'SDL 'A' 'A NI mid �" B .. a "J - • e ZrStO 15 F O 0 9p W a ss a / 14 - -Ss SS d � W / SS'9rL 10 AN/ 'X3 X"� — � :, 4 U 32 O S9'9£NI D4F ANl +L{Yld VIS -+ 2w�< 3 W W 0 H 1 HfSOW08d � �• 3 °-I , W WOy � � V t O / OU IOiTw p _\ •d� > ,- 9 'S4C n ^ ^ U a q O - U.W�4•N. w� F- ^ 1 U p 9 G*Z 9 "SYL A 3 mN N I Q4T'0� I CIS I ` V '441 2 0�8 W of YZ'1YL "ANI i a� zxN I ( 01 '6fl 1'0 O1'6fl I00 11 Hid IY O _ 1 m yU WZ9. y'i / •) '�' M�r� W E ( ('L BFC -W •SI ')( BY OY 'd0dd) '1/10 ANl N/ AN/ j oN^ 6 "44L (dJ .ZY 11'81 :NI AN/ 09A -Z 100 AM p g 2 ( - I�2.h... O 9FL NI M1 61 rIz MY 900+ 15 `v e ® r U`N W i In o 4 NOS _ 4 o u h ?�I U o ry °a w 1 yy ✓ � n 2 � 2• RCP `ld,�.. . - -• � mA2 N RIW 4'Z4C O m h3j m `W � °v1U _... O � H b b!� SS SS SS 55 55 SS SS ry z mx i LF4FM0REDRIVE — 0 0 0 ---- - - --- -- s 1hbhry'm° 30� 9,9r1 inRg 4 _ 3 �� 2 n h m < WNR tip / i M �U UX <mJ Jti W ZS 'z Ni= < k�22O O� Yi I W�h 4 U2 2a R. O yl vl > U bOIA • W O � W W33a= 42'mm R p'm2 jy yb2 >rvO'` _ 2 �UmU�b z(O� �3�h p m0 Wm a O h ? O.N..:. .�.. z! Hh N�.OM 3`.°04 �il 'N OM N O N N +1 b ry" 1 a €p y'n @� y� pp zE- z2 Zry< x ' W O? W0 D4 uj S €a qp° Fz -:E7T �Y' "!, zz �� !k o Ay i INJ '1 gy; R F i' i AW to z m4 —m a till J g @p4piggi�� ° W W °Z3F�� paJ �z zo =O w oin °w _ i S �¢ No .i 1 s gS 3 a 3 ri W ! i2e =Z Ozs o? J W 2 24 ` OY 4gN _ ] �i ^ t1 II bk � `!. � I � a NUOW WO O� < I.WI� W mw nnTR A¢. s�iii 6 R 1551 4ti h o° pile Aryl 5ll Y �nA7 i8 Io7 E�bn =ZO �? o mo < k ow o .6 �xm wa --V ( c m i� �a 2�Tv� cowry h o cwi�W JJ � � Ss�e S�� �iey� �0 N fhrvW2 W ImyW M if I. i�Q �mJ AG W2OO W3 wO�J NOi�i" ° w8 0 <=wW co o mmOm aQ WW2° -0 4Y^, JiW J2 �` ,F yy }i!@@ yy G "wk 10. m3�W �mg a d m OUm WnWO U° ''- ° W�= W W 4 O� WI' u�o I, w w°wa w a'c5 70�o ° o�yn Z " k w I Oti �� fIJ 8� ��m � O 0�2O m >J •' h = sW U �imul oUN m b OU nO� ItiW ld REQUEST FOR JURISDICTIONAL DETERMINATION DATE JanuM 3, 2012 COUNTY Mecklenburg_ County, North Carolina TOTAL ACREAGE OF TRACT 0 81 PROJECT NAME (if applicable) Galax Drive Drainage Improvements Project PROPERTY OWNER/APPLICANT (name address and phone) Charlotte Storm Water Services POC Mr Isaac J Hinson, PWS at (704) 336 4495 600 East Fourth Street Charlotte, North Carolina 28202 NAME OF CONSULTANT, ENGINEER, DEVELOPER (if applicable) STATUS OF PROJECT (check one) ( ) On going site work for development purposes ( X) Project in planning stages (Type of protect maintenance ) ( ) No specific development planned at present ( ) Project already completed (Type of protect ADDITIONAL INFORMATION REQUIRED Check items submitted forward as much information as is available At a minnmum the following first two items must be forwarded (X) Figure 1 USGS 7 5 Minute Denta, NC and Charlotte East NC Topographic Quadrangles (X) Figure 2 NRCS Mecklenburg County Soil Survey (X ) Figure 3 Approximate Jurisdictional Boundary Field Map (X) Pre Construction Notification Pursuant to Nationwide Permit No 3 (X) NCDWQ Stream Classification Forms (SCP1) (X) USACE Stream Quality Assessment Worksheets (SCP1) (X) USACE Wetland Determination Data Form (DP 1) (X) Approved Jurisdictional Determination Form C -� Signature of Property Owner or Authorized Agent Mr Isaac J Hinson, PWS ot W ATt9O9 � r o < 20120011 Office Use Only Corps action ID no DWQ protect no Form Version 13 Dec 10 2008 Page 1 of 12 PCN Form — Version 1 3 December 10 2008 Version Pre - Construction Notification C Form A Applicant Information 1 Processing 1 a Type(s) of approval sought from the Corps ®Section 404 Permit ❑Section 10 Permit 1 b Specify Nationwide Permit (NWP) number 3 or General Permit (GP) number 1c Has the NWP or GP number been venfied by the Corps? ❑ Yes ® No 1 d Type(s) of approval sought from the DWQ (check all that apply) ® 401 Water Quality Certification — Regular ❑ Non 404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification ❑ Yes ® No For the record only for Corps Permit ❑ Yes ® No If Is payment into a mitigation bank or in lieu fee program proposed for mitigation of impacts? If so attach the acceptance letter from mitigation bank or in lieu fee program ❑ Yes ® No 1g Is the protect located in any of NC s twenty coastal counties If yes answer 1 h below ❑ Yes ® No 1h Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2 Project Information 2a Name of protect Galax Drive Drainage Improvements Protect 2b County Mecklenburg 2c Nearest municipality / town Charlotte 2d Subdivision name N/A 2e NCDOT only T I P or state protect no N/A 3 Owner Information 3a Name(s) on Recorded Deed 3b Deed Book and Page No 3c Responsible Party (for LLC if applicable) N/A 3d Street address 4906 Galax Drive 3e City state zip Charlotte NC 28213 3f Telephone no 3g Fax no 3h Email address Page 1 of 12 PCN Form — Version 1 3 December 10 2008 Version 4 Applicant Information (if different from owner) 4a Applicant is ❑ Agent ® Other specify City of Charlotte Storm Water Services 4b Name Mr Isaac Hinson PWS 4c Business name (if applicable) City of Charlotte Storm Water Services (CSWS) 4d Street address 600 E Fourth Street 4e City state zip Charlotte NC 28202 4f Telephone no (704) 336 4495 4g Fax no (704) 336 6586 4h Email address ihinson @ci charlotte nc us 5 Agent/Consultant Information (if applicable) 5a Name Gregg Antemann PWS 5b Business name (if applicable) Carolina Wetland Services Inc 5c Street address 550 E Westinghouse Blvd 5d City state zip Charlotte NC 28273 5e Telephone no 704 527 1177 5f Fax no 704 527 1133 5g Email address gregg @cws inc net Page 2 of 12 PCN Form — Version 1 3 December 10 2008 Version B Project Information and Prior Project History 1 Property identification 1a Property identification no (tax PIN or parcel ID) 091 022 01 091 022 13 091 022 03 and 091 051 09 lb Site coordinates (in decimal degrees) Latitude 35 25248 Longitude 80 784277 (DD DDDDDD) ( DD DDDDDD) 1 c Property size 0 81 acres 2 Surface Waters 2a Name of nearest body of water (stream river etc ) to Little Sugar Creek proposed project 2b Water Quality Classification of nearest receiving water Class C 2c River basin Santee (HU# 03050103) 3 Project Description 3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application The project area is approximately 0 81 acres in extent and is comprised of city streets and single family residential properties with maintained lawns and yards as well as a parking lot for a commercial business Dominant vegetation within the project area consists of white clover (Trifolium repens) sawtooth blackberry (Rubus argutus) Japanese honeysuckle (Lorncera japonica) glossy privet (Ligustrum lucidum) English ivy (Hedera helix) and fescue (Festuca sp ) 3b List the total estimated acreage of all existing wetlands on the property 0 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 126 linear feet of intermittent stream channel 3d Explain the purpose of the proposed project The home located at 4906 Galax Drive is experiencing flooding of the crawl space During the analysis phase of the project it was discovered that the existing pipe system was designed to sustain the ten year storm event but will flood at the 25 year storm event In addition it is the opinion of the project engineer that inlet blockages are causing structure flooding during storm events of a lesser intensity than the 25 year storm event The purpose of this project is to upgrade an existing storm drainage pipe system at 4906 Galax Drive to sustain the 25 year storm event In addition the upgraded system will protect the property from flooding during a 100 year storm event 3e Describe the overall project in detail including the type of equipment to be used The project will involve the replacement of the existing 32 inch stormwater pipe with a 42 inch reinforced concrete pipe (RCP) The inlet channel will be graded and stabilized with rip rap for 75 linear feet to provide better drainage and entry into the pipe system A 23 linear foot rip rap apron will also be constructed at the outfall of the pipe to dissipate the energy of the water exiting the system A track hoe and other typical construction equipment will be used to construct this project Page 3 of 12 PCN Form — Version 13 December 10 2008 Version 4 Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ❑ Yes ®No ❑ Unknown project (including all prior phases) in the pasty Comments 4b If the Corps made the jurisdictional determination what type ❑ preliminary ❑ Final of determination was made? 4c If yes who delineated the jurisdictional areas? Agency /Consultant Company Carolina Wetland Services Name (if known) Thomas Blackwell PWS Inc Other 4d If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation 5 Project History 5a Have permits or certifications been requested or obtained for ❑ Yes ® No ❑ Unknown this project (including all prior phases) in the past? 5b If yes explain in detail according to help file instructions 6 Future Project Plans 6a Is this a phased project? ❑ Yes ® No 6b If yes explain Page 4 of 12 PCN Form — Version 1 3 December 10 2008 Version C Proposed Impacts Inventory 1 Impacts Summary la Which sections were completed below for your project (check all that apply) ❑ Wetlands ® Streams tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2 Wetland Impacts If there are wetland impacts proposed on the site then complete this question for each wetland area impacted 2a 2b 2c 2d 2e 2f Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps 404 10 Area of impact Permanent (P) or (if known) DWQ — non 404 other) (acres) Temporary W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g Total wetland impacts 2h Comments 3 Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site then complete this question for all stream sites impacted 3a 3b 3c 3d 3e 3f 3g Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number (PER) or (Corps 404 10 stream length Permanent (P) or intermittent DWQ — non 404 width (linear Temporary (T) (INT)? other) (feet) feet) Unimportant S1 ®P ❑ T Rip Rap Apron Intermittent ❑ PER ® Corps 2 23 Seasonal RPW ® INT ❑ DWQ Stream A Unimportant S2 ® P ❑ T Rip Rap Intermittent ❑ PER ® Corps 2 75 Seasonal RPW ® INT ❑ DWQ Stream A S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h Total stream and tributary impacts 98 31 Comments Permanent Impacts to Jurisdictional Streams total 98 If (0 0045 acre) of unimportant intermittent stream Page 5 of 12 PCN Form — Version 1 3 December 10 2008 Version 4 Open Water Impacts If there are proposed impacts to lakes ponds estuaries tributaries sounds the Atlantic Ocean or any other open water of the U S then individually list all open water impacts below 4a 4b 4c 4d 4e Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or 01 ❑P ❑T 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4f Total open water impacts 4g Comments 5 Pond or Lake Construction If pond or lake construction ro 5a 5b Pond ID Proposed use or p number of pond osed then complete the chart below 5c 5d Wetland Impacts (acres) urpose 5e Stream Impacts (feet) I Upland Flooded I Filled I Excavated Flooded I Filled I Excavated I Flooded P1 P2 5f Total 5g Comments 5h Is a dam high hazard permit required ❑ Yes ❑ No If yes permit ID no 51 Expected pond surface area (acres) 5j Size of pond watershed (acres) 5k Method of construction 6 Buffer Impacts (for DWQ) If project will impact a protected riparian buffer then complete the chart below If yes then individually list all buffer impacts below If any impacts require mitigation then you MUST fill out Section D of this form 6a Project is in which protected basin? 6b 6c 6d Buffer impact number — Reason Permanent (P) or for Temporary (T) impact 61 ❑P ❑T B2 ❑P ❑T B3 ❑P ❑T 61 Comments ❑ Neuse ❑ Tar Pamlico ❑ Other ❑ Catawba ❑ Randleman 6e 6f 6g Buffer Stream name mitigation required? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 6h Total buffer unpacts Zone 1 impact Zone 2 impact (square feet) (square feet) Page 6 of 12 PCN Form — Version 1 3 December 10 2008 Version D Impact Justification and Mitigation 1 Avoidance and Minimization la Specifically describe measures taken to avoid or minimize the proposed impacts in designing project Impacts to on site jurisdictional waters of the U S have been reduced to the maximum extent possible Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters All work will be constructed in the dry in accordance with Water Quality Certification No 3687 Impacts to the bed of existing channels have been avoided wherever possible There will be no additional piping of the jurisdictional stream channel Permanent impacts to jurisdictional waters of the U S will be limited to approximately 98 linear feet of rip rap placement necessary to maintain the stability of the inlet channel and to dissipate energy at the Galax Road culvert outfall The use of grade control structures upstream of the proposed pipe replacement was considered However the channel is too small to be effectively and reliably stabilized in this manner 1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques Impacts to on site jurisdictional waters of the U S have been reduced to the maximum extent practicable Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters All work will be constructed in the dry in accordance with Water Quality Certification No 3821 2 Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State 2a Does the project require Compensatory Mitigation for ❑ Yes ® No impacts to Waters of the U S or Waters of the State? 2b If yes mitigation is required by (check all that apply) ❑ DWQ ❑ Corps ❑ Mitigation bank 2c If yes which mitigation option will be used for this project? ❑ Payment to in lieu fee program ❑ Permittee Responsible Mitigation 3 Complete if Using a Mitigation Bank 3a Name of Mitigation Bank 3b Credits Purchased (attach receipt and letter) Type Quantity 3c Comments 4 Complete if Making a Payment to In lieu Fee Program 4a Approval letter from in lieu fee program is attached ❑ Yes 4b Stream mitigation requested linear feet 4c If using stream mitigation stream temperature ❑ warm ❑ cool ❑cold 4d Buffer mitigation requested (DWQ only) square feet 4e Ripanan wetland mitigation requested acres 4f Non riparian wetland mitigation requested acres 4g Coastal (tidal) wetland mitigation requested acres 4h Comments 5 Complete If Using a Permittee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan provide a description of the proposed mitigation plan Page 7 of 12 PCN Form — Version 1 3 December 10 2008 Version 6 Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ❑ No 6b If yes then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the amount of mitigation required Zone 6c Reason for impact 6d Total impact (square feet) Multiplier 6e Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1 5 6f Total buffer mitigation required 6g If buffer mitigation is required discuss what type of mitigation is proposed (e g payment to private mitigation bank permittee responsible riparian buffer restoration payment into an approved in lieu fee fund) 6h Comments Page 8 of 12 PCN Form — Version 1 3 December 10 2008 Version E Stormwater Management and Diffuse Flow Plan (required by DWQ) 1 Diffuse Flow Plan la Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑ No within one of the NC Riparian Buffer Protection Rules? lb If yes then is a diffuse flow plan included9 If no explain why ❑ Yes E] No Comments 2 Stormwater Management Plan 2a What is the overall percent imperviousness of this project? % 2b Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c If this project DOES NOT require a Stormwater Management Plan explain why There is no change in mpervious area associated with this project 2d If this project DOES require a Stormwater Management Plan then provide a brief narrative description of the plan ❑ Certified Local Government 2e Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ® DWQ 401 Unit 3 Certified Local Government Stormwater Review 3a In which local government s jurisdiction is this project? City of Charlotte ❑ Phase II 3b Which of the following locally implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply) ❑ Water Supply Watershed ❑ Other 3c Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4 DWQ Stormwater Program Review ❑ Coastal counties 4a Which of the following state implemented stormwater management programs apply ❑ HQW ❑ ORW (check all that apply) ❑ Session Law 2006 246 ❑ Other 4b Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5 DWQ 401 Unit Stormwater Review 5a Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 12 PCN Form — Version 1 3 December 10 2008 Version F Supplementary Information 1 Environmental Documentation (DWQ Requirement) la Does the project involve an expenditure of public (federal /state /local) funds or the ® Yes ❑ No use of public (federal /state) land? lb If you answered yes to the above does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ® No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c If you answered yes to the above has the document review been finalized by the State Clearing House? (if so attach a copy of the NEPA or SEPA final approval letter) ❑ Yes ❑ No Comments 2 Violations (DWQ Requirement) 2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500) Isolated Wetland Rules (15A NCAC 2H 1300) DWQ Surface Water or Wetland Standards ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B 0200)7 2b Is this an after the fact permit application? ❑ Yes ® No 2c if you answered yes to one or both of the above questions provide an explanation of the violation(s) 3 Cumulative Impacts (DWQ Requirement) 3a Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ®No additional development which could impact nearby downstream water quality? 3b If you answered yes to the above submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy If you answered no provide a short narrative description The project will not result in additional future development 4 Sewage Disposal (DWQ Requirement) 4a 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 N/A Page 10 of 12 PCN Form — Version 1 3 December 10 2008 Version 5 Endangered Species and Designated Critical Habitat (Corps Requirement) 5a Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c If yes indicate the USFWS Field Office you have contacted ❑ Asheville 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A letter was forwarded to the North Carolina Natural Heritage Program ( NCNHP) on December 20 2011 to determine the presence of any federally listed candidate endangered threatened species or critical habitat located within the project area As of the date of this submittal a response from the NCNHP has not yet been received In addition the NCNHP Geographic Information Systems (GIS) database Virtual Workroom and Element Occurrence (EO) database was reviewed The EO database identified no endangered or threatened species within a two mile radius of the project area 6 Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b What data sources did you use to determine whether your site would Impact Essential Fish Habitat? NOAA Fisheries http / /sharpfin nmfs noaa gov /website /EFH_Mapper /map aspx 7 Historic or Prehistoric Cultural Resources (Corps Requirement) 7a Will this project occur in or near an area that the state federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e g National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b What data sources did you use to determine whether your site would impact historic or archeological resources? A letter was forwarded to the State Historic Preservation Office (SHPO) on December 20 2011 to determine the presence of any areas of architectural historic or archaeological significance that would be affected by the project As of the date of this submittal a response from SHPO has not yet been received CWS consulted the Charlotte Mecklenburg Historic Landmarks Commission database and found no listed properties within the project area 8 Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA designated 100 year floodplain? ❑ Yes ® No 8b If yes explain how project meets FEMA requirements 8c What source(s) did you use to make the floodplain determination? Mecklenburg County GIS FEMA Layers Mr Isaac Hinson, PWS --��� 01 03 12 Applicant/Agent s Printed Name Date Applicant/Agent s Signature (Agents signature is valid only if an authorization letter from the applicant is provided Page 11 of 12 PCN Form — Version 1 3 December 10 2008 Version Page 12 of 12 PCN Form — Version 1 3 December 10 2008 Version NC DWQ Stream identification Form Version 411 Date (2 . h _ 20 1 ( Project/Site �f �V Latitude 35 S �8 a Evaluator 17(� County � � Longitude U gC) -7&2-?f Total Points Stream least intermittent 20 Stream Determinat ion (circle one) Ephemeral ntermi en Perennial Other,-:yMm e g Quad Name if z 19 or r perennial if 2:30 2 Sinuosity of channel along thalweg 5 A Geomorphology (Subtotal = G S Absent Weak Moderate Strong 18 Continuity of channel bed and bank 0 1 2 3 2 Sinuosity of channel along thalweg 5 1 2 3 3 In channel structure ex riffle pool step pool ripple pool sequence O 1 2 3 4 Particle size of stream substrate 0 05 2 3 5 Active /relict floodplam 0 1 2 3 6 Depositional bars or benches 1 2 3 7 Recent alluvial deposits 24 Amphibians 1 2 3 8 Headcuts 0 1 2 3 9 Grade control 0 05 1 15 10 Natural valley 0 Q.0 1 15 11 Second or greater order channel No 0 Yes = 3 artificial ditches are not rated see discussions in manual B Hydrology (Subtotal = 12 Presence of Baseflow 0 1 2 3 13 Iron oxidizing bacteria 0 1 2 3 14 Leaf litter 5 1 (n5 0 15 Sediment on plants or debris 2 05 21 Aquatic Mollusks 15 16 Organic debris lines or piles 0 05 3 15 17 Soil based evidence of high water table? No = 0 Ye = J3 C Biology (Subtotal = S 18 Fibrous roots in streambed 3 2 1 0 19 Rooted upland plants in streambed 3 2 0 0 20 Macrobenthos (note diversity and abundance) 0 1 2 3 21 Aquatic Mollusks 1 2 3 22 Fish 0 05 1 15 23 Crayfish 0 05 1 16 24 Amphibians 0 05 1 15 25 Algae 0 05 1 15 26 Wetland plants in streambed I FACW = 0 75 OBL = 1 5 Other = 0 perennial streams may also be identified using other methods See p 35 of manual Notes J Sketch OFFICE USE ONLY USACE AID# DWQ # SCP1— Seasonal RPW Stream A STREAM '� 1 Applicants Name CSWS 2 Evaluators Name Thomas Blackwell 3 Date of Evaluation 12 12 11 4 Time of Evaluation 10 00 AM 5 Name of Stream Intermittent Stream A 6 River Basin Santee (HU# 03050103) 7 Approximate Drainage Area 28 acres 8 Stream Order first 9 Length of Reach Evaluated 125 feet 10 County Mecklenburg 11 Location of reach under evaluation (include nearby roads and landmarks) Site located at the corner of Galax Drive and Leafinore Drive 12 Site Coordinates (if known) N35 254289 , W80 784277 13 Proposed Channel Work (if any) N/A 14 Recent Weather Conditions Cold and Dry 15 Site conditions at time of visit Drizzle. 40° 16 Identify any special waterway classifications known _Section 10 _Tidal Waters _Essential Fisheries Habitat _Trout Waters _Outstanding Resource Waters _ Nutrient Sensitive Waters _Water Supply Watershed _(I IV) 17 Is there a pond or lake located upstream of the evaluation pomt9 YES ® If yes estimate the water surface area 18 Does channel appear on USGS quad map9 YES NO 19 Does channel appear on USDA Soil Survey) YES NO 20 Estimated Watershed Land Use 100 % Residential _% Commercial % Industrial _% Agricultural % Forested _% Cleared / Logged _% Other 21 Bankfull Width 1 2 22 Bank Height (from bed to top of bank) 1 2 23 Channel slope down center of stream X Flat (0 to 2 %) _Gentle (2 to 4 %) _Moderate (4 to 10 %) _Steep ( >10 %) 24 Channel Sinuosity X Straight _Occasional Bends _Frequent Meander _Very Sinuous _Braided Channel Instructions for completion of worksheet (located on page 2) Begin by determining the most appropriate ecoregion based on location terrain vegetation, stream classification, etc Every characteristic must be scored using the same ecoregion Assign points to each characteristic within the range shown for the ecoregion Page 3 provides a brief description of how to review the characteristics identified in the worksheet Scores should reflect an overall assessment of the stream reach under evaluation If a characteristic cannot be evaluated due to site or weather conditions enter 0 in the scoring box and provide an explanation in the comment section Where there are obvious changes in the character of a stream under review (e g the stream flows from a pasture into a forest) the stream may be divided into smaller reaches that display more continuity and a separate form used to evaluate each reach The total score assigned to a stream reach must range between 0 and 100 with a score of 100 representing a stream of the highest quality Total Score (from reverse) 31 Comments Evaluator's Signature b", 0 Ud Date 12/12/2011 This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers in order to make a preliminary assessment of stream quality The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement Form subject to change — version 05/03 To Comment please call 919 876 8441 x 26 STREAM QUALITY ASSESSMENT WORKSHEET SCP1— Seasonal RPW Stream A i nese cnaracienstncs are not assesses in coastal streams # ECOREGION POINT RANGE CHARACTERISTICS SCORE Coastal Piedmont Mountain 1 Presence of flow / persistent pools in stream 0-5 0 — 4 0-5 2 no flow or saturation = 0 strop flow = max points) 2 Evidence of past human alteration 0-6 0-5 0-5 0 extensive alteration = 0 no alteration = max points) 3 Riparian zone 0-6 0-4 0-5 0 no buffer = 0 contiguous wide buffer = max points) 4 Evidence of nutrient or chemical discharges 0-5 0-4 0-4 2 extensive discharges = 0 no discharges = max po ints 5 Groundwater discharge 0-3 0-4 0-4 2 no discharge = 0 springs sees wetlands etc = max points) U 6 Presence of adjacent floodplam 0— 4 0— 4 0— 2 2 no flood lam = 0 extensive flood lam = max points) a7 Entrenchment / floodplam access (deeply entrenched = 0 frequent flooding = max points) 0— 5 0— 4 0— 2 2 8 Presence of adjacent wetlands 0-6 0-4 0-2 0 no wetlands = 0 large adjacent wetlands = max points) 9 Channel sinuosity 0-5 0-4 0-3 0 extensive channelization = 0 natural meander = max points) 10 Sediment input 0-5 0-4 0-4 2 extensive deposition= 0 little or no sediment = max omts 11 Size & diversity of channel bed substrate NA* 0-4 0 - 5 1 fine homogenous = 0 large diverse sizes = max points) 12 Evidence of channel incision or widening 0 -5 0 -4 0 -5 3 (deeply incised = 0 stable bed & banks = max points) 13 Presence of major bank failures 0-5 0 — 5 0-5 4 severe erosion = 0 no erosion stable banks = max points) 14 Root depth and density on banks 0-3 0 - 4 0-5 4 no visible roots = 0 dense roots throughout = max points) 15 Impact by agriculture or livestock production substantial impact =0 no evidence = max oints 0-5 0 — 4 0-5 4 16 Presence of riffle pool/ripple pool complexes no riffles/ripples or pools = 0 well developed = max points) 0-3 0 - 5 0-6 0 d 1 Habitat complexity 0-6 0-6 0-6 1 little or no habitat = 0 frequent varied habitats = max points) 18 Canopy coverage over streambed 0-5 0-5 0-5 1 no shading vegetation = 0 continuous canopy = max points) 19 Substrate embeddedness NA* 0-4 0-4 0 (deeply embedded = 0 loose structure = max 20 Presence of stream invertebrates no evidence = 0 common numerous types = max points) 0-4 0-5 0-5 0 21 Presence of amphibians 0-4 0-4 0-4 0 O no evidence = 0 common numerous types = max points) O 22 Presence of 0-4 0-4 0-4 0 no evidence = 0 common numerous types = max p omts 23 Evidence of wildlife use 0-6 0-5 0-5 1 no evidence = 0 abundant evidence = max points) Total Points Possible 100 100 100 TOTAL SCORE (also enter on first page) 31 i nese cnaracienstncs are not assesses in coastal streams WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Project/Site Galax Drive Drainage Improvements city /county Mecklenburg Sampling Date 12/12/11 Applicant/Owner Charlotte Storm Water Services State NC Sampling Point DP1 Investigator(s) Thomas Blackwell PWS Section Township Range Charlotte NC Landform (hillslope terrace etc ) valley Local relief (concave convex none) None Slope(/) U 2% Subregion (LRR or MLRA) MLRA Lat N35 254289 Long W80 784277 Datum NAD 83 Soil Map unit Name Helena Urban Land Complex 2 to 8 percent slopes (HUB) NWI classification N/A Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no explain in Remarks ) Are Vegetation Sod or Hydrology significantly disturbed? Are Normal Circumstances present? Yes ✓ No Are Vegetation Sod or Hydrology naturally problematic? (If needed explain any answers in Remarks ) SUMMARY OF FINDINGS — Attach site map showing sampling point locations transects important features, etc Hydrophytic Vegetation Present? Yes No Is the Sampled Area Hydric Sod Present? Yes No within a Wetland? Yes No ✓ Wetland Hydrology Present? Yes No Remarks Area Is representative of a non -junsd(ct(onal upland area HYDROLOGY Wetland Hydrology Indicators Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required, check all that apply) _ Surface Sod Cracks (136) Surface Water (A1) _ True Aquatic Plants (1314) _ Sparsely Vegetated Concave Surface (138) High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) — Drainage Patterns (1310) Saturation (A3) — Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (1316) _ Water Marks (131) _ Presence of Reduced Iron (C4) _ Dry Season Water Table (C2) Sediment Deposits (132) _ Recent Iron Reduction in Tilled Soils (C6) _ Crayfish Burrows (C8) Drift Deposits (63) — Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) _ Algal Mat or Crust (134) _ Other (Explain in Remarks) _ Stunted or Stressed Plants (D1) Iron Deposits (135) _ Geomorphic Position (D2) Inundation Visible on Aerial Imagery (137) _ Shallow Aquitard (D3) Water Stained Leaves (139) _ Microtopographic Relief (D4) _ Aquatic Fauna (1313) V FAC Neutral Test (D5) Field Observations Surface Water Present? Yes No Depth (inches) Water Table Present? Yes No Depth (inches) Saturation Present? Yes No Depth (inches) >18 Wetland Hydrology Present? Yes No includes ca illa frin e Describe Recorded Data (stream gauge monitoring well aerial photos previous inspections) if available Remarks No indicators of wetland hydrology were present at the sampling point US Army Corps of Engineers Eastern Mountains and Piedmont — Interim Version VEGETATION (Four Strata) — Use scientific names of plants Sampling Point DP1 Remarks (Include photo numbers here or on a separate sheet ) Less than 50% of the dominant species are FAC or wetter US Army Corps of Engineers Eastern Mountains and Piedmont — Interim Version Absolute Dominant Indicator Dominance Test worksheet Tree Stratum (Plot size ) / Cover Species? Status Number of Dominant Species 1 That Are OBL FACW or FAC 1 (A) 2 Total Number of Dominant 3 Species Across All Strata 3 (B) 4 Percent of Dominant Species 5 That Are OBL FACW or FAC 33% (A/B) 6 7 Prevalence Index worksheet 8 Total / Cover of Multiply by = Total Cover OBL species x 1 = Sapling /Shrub Stratum (Plot size ) FACW species x 2 = 1 Llgustrum luadum 20 No — FAC species x3= 2 FACU species x4= 3 UPL species x 5 = 4 Column Totals (A) (B) 5 6 Prevalence Index = B/A = Hydrophytic Vegetation Indicators 7 8 _ 1 Rapid Test for Hydrophytic Vegetation 9 _ 2 Dominance Test is >50 / 3 Prevalence Index is s3 0' 10 _ 20 _ 4 Morphological Adaptations' (Provide supporting Herb Stratum (Plot size ) =Total Cover data in Remarks or on a separate sheet) 1 Trlfollum repens 25 Yes FACU — Problematic Hydrophytic Vegetation' (Explain) 2 Rubus argutus 15 Yes FACU 3 Lonicera Japonica 10 Yes FAC 'Indicators of hydnc sod and wetland hydrology must Festuca sp 15 No be present unless disturbed or problematic 4 Hedera helix 10 No Definitions of Four Vegetation Strata 5 — 6 Tree — Woody plants excluding vines 3 in (7 6 cm) or more in diameter at breast height (DBH) regardless of 7 height 8 9 Sapling /Shrub — Woody plants excluding vines less than 3 in DBH and greater than 3 28 ft (1 m) tall 10 11 Herb — All herbaceous (non woody) plants regardless of size and woody plants less than 3 28 ft tall 12 75 = Total Cover Woody vine — All woody vines greater than 3 28 ft in Woody Vine Stratum (Plot size ) height 1 2 3 4 5 Hydrophytic Vegetation 6 Present? Yes No = Total Cover Remarks (Include photo numbers here or on a separate sheet ) Less than 50% of the dominant species are FAC or wetter US Army Corps of Engineers Eastern Mountains and Piedmont — Interim Version SOIL Sampling Point DP' Profile-Description (Describe to the depth needed to document the indicator or confirm the absence of indicators ) Depth Matrix Redox Features (inches) Color (moist) / Color (moist) / Type' Loc Texture Remarks 012 7 5YR 5/6 100 N/A sandy Loam 'Type C= Concentration D= Depletion RM= Reduced Matrix MS= Masked Sand Grains 2Location PL =Pore Lmma M =Matrxx Hydnc Sod Indicators Indicators for Problematic Hydnc Sods' Histosol (Al) _ Dark Surface (S7) _ 2 cm Muck (A10) (MLRA 147) Histic Epipedon (A2) _ Polyvalue Below Surface (S8) (MLRA 147 148) _ Coast Prairie Redox (A16) _ Black Histic (A3) _ Thin Dark Surface (S9) (MLRA 147 148) (MLRA 147 148) _ Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Soils (F19) _ Stratified Layers (A5) _ Depleted Matrix (F3) (MLRA 136 147) 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) _ Red Parent Material (TF2) _ Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) _ Very Shallow Dark Surface (TF12) _ Thick Dark Surface (Al2) — Redox Depressions (F8) _ Other (Explain in Remarks) Sandy Mucky Mineral (S1) (LRR N _ Iron Manganese Masses (F12) (LRR N MLRA 147 148) MLRA 136) Sandy Gleyed Matrix (S4) _ Umbnc Surface (F13) (MLRA 136 122) 'Indicators of hydrophytic vegetation and Sandy Redox (S5) _ Piedmont Floodplain Sods (F19) (MLRA 148) wetland hydrology must be present _ Stripped Matrix (S6) unless disturbed or problematic Restrictive Layer (if observed) Type Depth (inches) Hydnc Soil Present? Yes No Remarks No Indicators of hydrlc soils are present US Army Corps of Engineers Eastern Mountains and Piedmont – Interim Version _ Drainage Area Map! T �. t t c �� 9�1 - 1lt d y}1 No _ - S '' ;.._, -�,T '�'i'� R ^f / ,, l�j�V 't,t ;tt ,� -•�, ,, ' "r�,;r �* t45 ,�/ _ • �� 7 _�T.J� ->K� i mil- 5�'7 J�i'�... Y�' Dt�� l� , '1 J� 1 �� � f;`. �; �._.L -_•I. � ��"`'` ,y�t•3') �� ,'/ 1��/ RAT � -` �'+ �w ! � �Ir � 1� �ir _, i�� �1 �' ��. � I „�..,`G %� ��r. "� �x'•� %��53�� � i, �� � 74 }k•y •Aq �` � -� � 1+ 15 �`..� "�-. ' NiT ` '' +�{ ' ( � "w` I 1 , i✓�x,. '1j /?� {)i i' �))�';�q�i ky r� _ .r1t. �1• •-. ./ j , iCCI TQY$. O a _ W } 7t titi_ I �` _ fr'�r f 4?n —. ♦ . • �ti C-�r�' �',, J 11 -44v. Jt ra �' j�7{1' + } s x'' l �j ' •�� n� •fj : `� ` ��`' \' ` ._ �y •z.�' rJ i► � � � ; ` _`,. � . '', � ��r �l � 6X1 ' ��tt _.� =� � ` s � r � . •, x �� ��rr h , eke ' �1��.���,_��� � o- _.` �. 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Data copyright of content owner. www.delorme.com o +eo HBO sw rm Boo '" o.o�w 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) October 24 2011 B DISTRICT OFFICE FILE NAME AND NUMBER Asheville Field Office C PROJECT LOCATION AND BACKGROUND INFORMATION Intermittent Stream A State North Carolina County/parish/borough Mecklenburg County City Charlottee Center coordinates of site (lat/long in degree decimal format) Lat 35 254289 N, Long 80 784277 W+ Universal Transverse Mercator NAD 83 Name of nearest waterbody Unnamed Tributary to Little Sugar Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows Catawba River Name of watershed or Hydrologic Unit Code (HUC) Santee HUC 03050103 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 0 Field Determination Date(s) December 12 2011 SECTION II SUMMARY OF FINDINGS A RHA SECTION 10 DETERMINATION OF JURISDICTION There AA ne navigable waters of the US 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 US within Clean Water Act (CWA) junsdiction (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) ' ❑ 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 126 linear feet 2 width (ft) and/or 0 006 acres Wetlands acres c Limits (boundaries) of Jurisdiction based on established b OHVYM: Elevation of established OHWM (if known) 2 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 i Boxes checked below shall be supported by completing the appropriate sections in Section III below 2 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) 3 Supporting documentation is presented in Section III F SECTION III CWA ANALYSIS d 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 I 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 Summarize rationale supporting determination 2 Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is adjacent B CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY) This section summarizes information regarding characteristics of the tributary and its adjacent wetlands if any and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met The agencies will assert jurisdiction over non navigable tributaries 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 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 III B 2 for any ons►te 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 (►) General Area Conditions Watershed size 40 a erc Drainage area 32 fPick List Average annual rainfall 45 inches Average annual snowfall 5 5 inches (u) Physical Characteristics (a) Relationship with TNW ❑ Tributary flows directly into TNW ® Tributary flows through _5 tributaries before entering TNW Project waters are '15:2A river miles from TNW Project waters are 11(or less) river miles from RPW Project waters are 10-15 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 Intermittent Stream Flows to Perennial RPW Flows to Little Sugar Creek, Flows to Sugar Creek, Flows to Catawba River (TNW) "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 descnbed by identifying e g tributary a which flows through the review area to flow into tnbutary b which then flows into TNW Tributary stream order if known (b) General Tnbutary Characteristics (check all that apply) Tributary is ❑ Natural ❑ Artificial (man made) Explain ® Manipulated (man altered) Explain Has been ditched and straightened Tributary properties with respect to top of bank (estimate) Average width 2 feet Average depth 2 feet Average side slopes Vertical 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/nffle /poolam_ complexes Explain Poorly developed riffle pool complexes Tributary geometry kilati straight Tributary gradient (approximate average slope) 2 % (c) Flow Tributary provides for easonal flow Estimate average number of flow events in review area/year 7,e 1 2Q Describe flow regime Discrete and confined 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 ❑ the presence of litter and debris ® changes in the character of soil ❑ destruction of terrestrial vegetation ❑ shelving ® the presence of wrack line ® vegetation matted down bent or absent ® sediment sorting ® leaf litter disturbed or washed away ® scour ® sediment deposition ❑ multiple observed or predicted flow events ® water staining ❑ abrupt change in plant community ❑ other (list) ❑ Discontinuous OHWM 7 Explain 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) (m) Chemical Characteristics Characterize tributary (e g water color is clear discolored oily film water quality general watershed characteristics etc ) Explain Weak flow high turbidity Urban waterhsed Identify specific pollutants if known 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 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 Amphibian habitat 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 Relationship with Non TNW Flow is Pick List Explain Surface flow is Pick List Characteristics Subsurface flow Fick -List 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 Pick List river miles from TNW Project waters ar ick List aerial (straight) miles from TNW Flow is from Pick List Estimate approximate location of wetland as within the ick List floodplain (n) 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) ❑ Ripanan 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 Ap 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 abuts9 (Y/N) Size (in acres) Directly abuts9 (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 nestmg 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 foodwebs9 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 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 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 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 III 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 D 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 Stream A flows northwest across the project area for approximately 126 linear feet Stream A exhibited a moderate continuity of channel bed and bank, weak substrate weak flow and an average ordinary high water width of one to two feet Biological sampling revealed a strong presence of iron oxidizing bacteria and a moderate presence of algae Stream characteristics indicate that continuous flow is present for at least three months in an average year Stream A was classified as a Relatively Permanent Water with seasonal flow (RPW) according to USACE/EPA guidance Seasonal RPW Stream A scored 31 out of a possible 100 points on the USACE Stream Quality Assessment Worksheet and 20 out of a possible 63 points on the NCDWQ Stream Classification Form indicating intermittent status (SCP1 enclosed) Photographs A, B and C (Figure 3 attached) are representative of Intermittent Seasonal RPW Stream A Provide estimates foriunsdictional waters in the review area (check all that apply) �( Tributary waters 126 linear feet2 width (ft) ❑ Other non wetland waters acres Identify type(s) of waters Non RPWsa 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 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 indicatme 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 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 junsidictional Data supporting this conclusion is provided at Section III C Provide acreage estimates for junsdictional wetlands in the review area acres 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) 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 8See 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 "❑ 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 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 NON4URISDICTIONAL 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 Junsdiction is the MBR factors (i a 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 a 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 for Junsdiction (check all that apply) ❑ Non wetland waters (i a 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 appropnately reference sources below) ❑ Maps plans plots or plat submitted by or on behalf of the applicant/consultant ® 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 Charlotte East, 1991 and Denta, 1996 North Carolina Quadrangles ® USDA Natural Resources Conservation Service Soil Survey Citation Mecklenburg County ❑ 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) or ® Other (Name & Date) Site photographs December 2011 ❑ Previous determination(s) File no and date of response letter ❑ Applicable /supporting case law ❑ Applicable /supporting scientific literature I'[] Other information (please specify) B ADDITIONAL COMMENTS TO SUPPORT JD