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HomeMy WebLinkAbout20200405 Ver 2_Permit_Amendment_20211109_20211112H�2
hdrinc.com
November 8, 2021
Mr. Bryan Roden -Reynolds
U.S. Army Corps of Engineers
Wilmington Regulatory District
Charlotte Regulatory Field Office
8430 University Executive Park Drive, Suite 611
Charlotte, North Carolina 28262
Mr. Alan Johnson
NC Division of Water Resources
401 & Buffer Permitting Unit
512 North Salisbury Street
Raleigh, North Carolina 27604
Subject: Stowe Regional Water Resource Recovery Facility
& Associated Infrastructure Projects (SAW-2019-01988, DWR # 20-0405)
Clean Water Action Section 404/401 Permit Modification
Mr. Roden -Reynolds and Mr. Johnson,
The Stowe Regional Water Resource Recovery Facility (RWRRF) & Associated
Infrastructure Projects (the Project) is proposed to be a regional water resource recovery
facility (RWRRF) (Appendix A, Figure 1). Over a series of construction and implementation
phases, the Project would provide regional wastewater treatment capacity for existing
customers and for anticipated population growth in northwestern Mecklenburg County and
eastern Gaston County by treating wastewater from Mt. Holly, Belmont, Clariant, and the
Long Creek Basin in Mecklenburg County.
In May of 2020, the United States Army Corps of Engineers (USACE) and the NC
Department of Environmental Quality (NCDEQ) Division of Water Resources (DWR)
issued a CWA Section 404 permit for Nationwide Permits (NWP) 12 and 14 (SAW-2019-
01988) as seen in Appendix B and a CWA Section 401 Water Quality Certification 4139
(DWR #20-0405) as seen in Appendix C, respectively. The USACE requested that the
Applicant submit a project -wide Section 10 and Section 404 application to include future
phases beyond the initial phase that proposed impacts to Waters of the U.S. (WoUS).
HDR Engineering Inc. of the Carolinas (HDR) has provided Clean Water Act (CWA)
Section 404/401 permitting services as well as natural resources investigations to
Charlotte Water to support project development.
440 S Church Street, Suite 1000, Charlotte, NC 28202-2075
(704) 338-6700
Stowe RWRRF & Associated Infrastructure Projects
Permit Modification I SAW-2019-01988
Project design changes have required and expansion to the Project Boundary (Appendix
A, Figure 1) as well as updates to the approved permits, which are discussed herein.
Jurisdictional Determination:
The USACE issued an Approved Jurisdictional Determination on July 31, 2020 (Appendix
D). On September 3rd, 2021 environmental scientists from HDR investigated approximately
95 additional acres of the Project Site and documented three (3) streams and (1) wetland
which totaled an additional 1,608 linear feet of stream and 0.15 acres of wetland. These
additional features will be avoided from impacts. A Preliminary Jurisdictional Determination
request to include these additional features in the expanded Project Boundary can be
found in Appendix F.
Protected Species
Known populations of Helianthus schweinitzii exist in the powerline easement as seen in
Figure 2 (Appendix A). Environmental scientists with HDR visited a known reference
population of the species on September 13th, 2021, prior to conducting species specific
surveys during the flowering window of the expanded Project Boundary. The exiting known
populations of Helianthus schweinitzii were confirmed and the remainder of the powerline
easement, as well surrounding area was surveyed for additional populations — none were
observed. For revised Impact 2 discussed below (location shift of HDD alignment), the
laydown area as well as the tailings for the horizontal directional drilling (HDD) will occur
approximately 50' away from these known populations to ensure their protection.
Measures will be put in place, such as extra erosion control fencing and orange tree
protection fencing around the existing known populations; no direct or indirect impacts to
this population are anticipated. Therefore, no impacts to federal or state protected species
are anticipated.
Original Proposed Impacts (SAW-2019-01988 and DWR# 20-0405)
Total project impacts that were approved across all three phases are summarized in Table
1, and approved Phase I project impacts are summarized in Table 2.
Page 12
Stowe RWRRF & Associated Infrastructure Projects
Permit Modification I SAW-2019-01988
Table 1. Total Project Impacts for Phase 1-3
Impact Type
Total Section 10/404 Stream Impacts:
Total Section 404 Wetland Impacts:
Total Non -Section 404 Isolated Wetland Impacts:
*estimated surface water impact amount.
Table 2. Proposed Phase 1 Impacts
Total (ac)
<0.10 ac*
0.20 ac
0.22 ac
Impact
Number
1
2
3
Feature
Type'
Wetland
10
(PEM)
Catawba
River
Figure/
Plansheet
(Appendix
Regulatory
Authority
■
Figure 6/ Section 404
Plansheet 1
Figure 6/
Plansheet 2
Wetland 5 Figure 7/
(PEM) Plansheet 3
Section 10/404
Impact
Type
NWP
No.
Grading
and Fill 12
HDD
beneath
Catawba
River
12
Phase
la
1a
Total (ac)
n/a
Section 404 Fill 14 1 b 0.01
4
Wetland 6 Figure 7/
(PEM) Plansheet 3
Section 404
5
Wetland 8
(PFO)
Figure 8/
Plansheet 4
Non -Section
404- Isolated
Fill
14 1 b 0.04
Fill n/a* 1 b
Wetland
6 12
(PFO)
Figure 9/
Plansheet 5
Section 404 Fill 14 1 b
Total Section 10/404 Stream Impacts:
Total Section 404 Wetland Impacts:
Total Non -Section 404 Isolated Wetland Impacts:
A nationwide permit is not required for non -section 404 isolated waters
1Cowardin Classifications: PEM = Palustrine emergent wetland; PFO = Palustrine forested wetland
0.04
0.11
n/a
0.20 ac
0.04 ac
A 2:1 wetland mitigation ratio was approved for the 0.2 acre of wetland impacts proposed
in Phase I (Impacts 1, 3, 4, and 6) for a total of 0.4 wetland mitigation credits. The
mitigation transfer letter allocating credits for these impacts is attached in Appendix D.
Isolated, non -jurisdictional wetland impacts (Impact 5) did not require mitigation. These
permit approvals also permitted 0.10 acres of impact to Section 10 waters (Impact 2).
The NCDEQ DWR Section 401 approval provided written authorization without mitigation
for impacts to the Catawba River Buffer that extends upstream into Long Creek. These
buffer impacts totaled 6,410 square feet of Catawba River Buffer Zone 1 impact, and
4,494 square feet of Catawba River Buffer Zone 2 impact at the southern bridge crossing
of Long Creek (Impact 6).
Approved Phase 2 impacts are summarized in Table 3 and have not yet occurred;
however, in this permit modification revisions to Impacts 1 and 2 (in Phase I) and Impact 8
Page 13
Stowe RWRRF & Associated Infrastructure Projects
Permit Modification I SAW-2019-01988
(in Phase 3) are proposed, as well as new Impacts 10 and 11 are proposed. No impacts
were proposed for Phase 3.
Table 3. Proposed Phase 2 Impacts
Impact
Number
Feature Type'
Figure
(Appendix B)
Regulatory
uthority
Impact Type
Total (ac)
7 Wetland 9 (PFO)
Figure 10
Non -Section 404
— Isolated
Fill
0.18
Mir
Catawba River
Figure 10 Section 10/404
Effluent Outfall and Dock
<0.10*
9 Catawba River
Figure 4 Section 10/404
HDD beneath Catawba
River
n/a
Total Section 10/404 Stream Impacts:
Total Section 404 Wetland Impacts:
Total Non -Section 404 Wetland Impacts:
<0.10 ac*
n/a
0.18 ac
*estimated surface water acreage on the Catawba River
1Cowardin Classification: PFO = Palustrine forested wetland
Revised Impacts:
Table 4 below summarizes the proposed revisions to Impacts 1, 2, and 8.
Table 4. Revised Impacts
Impact
Number
Feature Type'
Previous
Impact (ac)
evise • mpac
(ac)
hange Type
Net Change
(ac.)
1
Wetland 10
(PEM)
0.04
0.053
Reposition and increase
fill area
+0.013
2 Catawba River
n/a
n/a
Reposition 250' north
n/a
8 Catawba River <0.10 ac.
Reposition downstream 0.00
Impact 1: Original impact repositioned within the Wetland 10 and increased from 0.04 to
0.053 acres due to a redesign of the Stowe facility, resulting in a net increase of 0.013
acre of wetland impact (Figure 3A and 3B, Appendix A).
Impact 2: The HDD alignment has been revised more northward (or upstream) by
approximately 250 feet (Figure 5, Appendix A). The impacts will remain under Section 10
but will not have any impact to surface waters.
Impact 8: The floating boat dock is proposed to be repositioned south of previous location.
Section 10 impact amount of 0.10 acres remains for the dock (Figure 4A and 4B, Appendix
A).
Newly Proposed Impacts:
Table 5 below summarizes the proposed new Impacts 10 and 11, that are necessary for
installation and access of the effluent outfall and floating boat dock.
Page I 4
Stowe RWRRF & Associated Infrastructure Projects
Permit Modification I SAW-2019-01988
Table 5. Newly Proposed Impacts:
Impact
Number
Feature Type'
Figure
(Appendix A)
Regulatory
Authority
Impact Type
Total (ac)
10
Wetland 17
(PFO)
Figure 4A/4B
Section 404
Fill
0.016
11 Catawba River
Figure 4A/4B
Section 10/404
Effluent Outfall and Dock <0.10*
Impact 10: Section 404/401 permanent impact (fill) to Wetland 17 totaling 0.016 acres for
the construction of an access route and continued maintenance of the effluent outfall utility
easement (Figures 4A and 4B, Appendix A).
Impact 11: Section 404/401 permanent impact (fill) to the Catawba River totaling 27 linear
feet of streambed, paralleling the streambank. Fill will consist of riprap to protect the
effluent outfall (Figures 4A and 4B, Appendix A).
In total, the revisions and newly proposed impacts would result in a net increase of 0.029
acre of wetland impact (revised Impact 2 and new Impact 10). These impacts are
proposed to be mitigated at a 2:1 ratio for a total of 0.058 credits. The City of Charlotte
Umbrella Stream and Wetland Mitigation Bank has confirmed wetland credit availability to
accommodate this request upon approval of the permitting amendment (Appendix E).
Impact 11 proposes impacts to 27 linear feet of streambed of the Catawba River; no
mitigation is proposed for the stream impacts.
Catawba River Vegetation Buffer
With the newly proposed Impacts 10 and 11 (Figure 6, Appendix A), approximately 1,388
square feet of Zone 1 and 927 square feet of Zone 2 of the Catawba River Buffer will be
cleared. Half of this amount will be used to maintain a new easement for the utility lines
associated with the outfall from the wastewater treatment plant. Under use `kk' Zone 2
impacts are deemed allowable, and Zone 1 impacts less than 2,500 square feet are
allowable with written authorization. =The second half would be under use `rr' as this will
provide access to the surface water and to a dock that will be for upkeep of the outfall, the
width of which will be less than 15 feet.
Please do not hesitate to reach out to Benjamin Burdette at
Benjamin.burdette@hdrinc.com or by phone at (704) 248-3619 with any questions or
concerns.
Page 15
Stowe RWRRF & Associated Infrastructure Projects
Permit Modification I SAW-2019-01988
Sincerely,
HDR, Inc.
Benjamin Burdette, WPIT, QHP
Environmental Planner
Appendices:
Appendix A: Figures
Figure 1. Project Overview
Figure 2. Mt. Holly Treatment Plant
Figure 3A. Updated Impacts
Figure 3B. Updated Impacts
Figure 4A. Updated Impacts
Figure 4B. Updated Impacts
Figure 5. Updated Impacts
Figure 6. Catawba Riparian River Buffer
Appendix B: SAW-2019-01988 General Permit Verification
Appendix C: DWR# 20-0405 Approval of 401 Water Quality Certification and Catawba
Riparian Buffer Authorization with Additional Conditions
Appendix D: SAW-2019-01988 Revised AJD
Appendix E: Mitigation Transfer Forms and Wetland Credit Availability
Appendix F: PJD Modification Request
Page 16
Appendix A
Figures
LEGEND
Project Area
Additional Area
Permenant Impact
Jurisdictional Wetlands
Jurisdictional Stream
1 Inch = 800 Feet
Feet 800
tit 4 ti:"
FnCHARLOTTE
W TEI
'
fit
STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS
PROJECT OVERVIEW
FIGURE 1
PATH:IICLTSMAINIGIS DATAIGISIPROJECTS13018 CHARLOTTEWATER11013]229 LONGCREEKWWTP1l.2 WIPIMAP DOCSIMXDINWPIUPDATE 20211REV1FIGURE 2.MXD USER: BEBURDET - DATE: 111312021
NATIONWIDE PERMIT
LEGEND
4.4
• f4
t.
•
r
Project Area
Additional Area
Permenant Impact
Jurisdictional
Wetlands
Jurisdictional
Stream
Helianthus
schweinitzii
Population
Feet 250
r•
tiAti
i .
ENCHARLOTTE
W TEI
HDD tailing and laydown
to occur away from known
Helianthus schweinitzii
populations
Waters of the U.S.
Seasonal RPW 8
620 If
ok Pipes will use HDD
•4461 to avoid impacts to
jurisdictional features.
1 I
Waters of the U.S.
Wetland 17 PFO
0.15 ac
Waters of the U.S.
Perennial RPW 9
236 If
STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS
MT HOLLY TREATMENT PLANT
FIGURE 2
PATH: IICLTSMAIN\GIS DATA\GIS\PROJECTS1301S CHARLOTTEWATER\10137229 LONGCREEKWWTPU.2 WIP\MAP DOCSIMXD\NWP\UPDATE 20211FIGURE 5.MXD USER: BEBURDET - DATE: 11/3/2021
NATIONWIDE PERMIT
LEGEND
`f
t
Project Area
Jurisdictional Wetlands
Permenant Impact
Previous Impacts
Jurisdictional Stream
FY CHARLOTTE
W TES
III
Impact 1 - Wetland 10
(Section 404/401)
permanent impact (fill)
0.053 acres
Impact 1 - Wetland 10
Impact has been eliminated
• -.,
STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS
UPDATED IMPACTS
FIGURE 3A
PATH: IICLTSMAIN\GIS DATA\GIS\PROJECTS1301B CHARLOTTEWATER\10131229 LONGCREEKWWTPU.2 WIP\MAP DOCSIMXD\NWP\UPDATE 20211REV1PIGURE 3A.MXD USER: BEBURDET - DATE: 11/3/2021
NATIONWIDE PERMIT
LEGEND
Project Area
Permenant Impact
Jurisdictional Wetlands
Jurisdictional Stream
I
Feet 90
Previous Impact 8
Floating dock relocated
downstream
Impact 11 - Catawba River
(Section 404/401)
permanent impact (fill)
27 linear feet
Impact 8 - Catawba River
(Section 10) - Floating dock
0.10 acre
FnCHARLOTTE
W TEI
Impact 10 - Wetland 17 attoi
(Section 404/401) r
permanent impact (fill)
0.016 acres
frE
STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS
UPDATED IMPACTS
FIGURE 4A
PATH:IICLTSMAINIGIS DATAIGISIPROJECTS13018 CHARLOTTEWATER11013T229 LONGCREEKWWTP1l.2 WIPIMAP DOCSIMXDINWPIUPDATE 20211REV1PIGURE 4A.MXD USER: BEBURDET - DATE: 111312021
NATIONWIDE PERMIT
Wetland and Buffer Impacts — Mitigation Requirements
j
-11
J
b
I� T
t -1
0.014 ac.
27 linear feet
Impacts to Catawba River
0t
No Yobbo 10
OVr►.•ae Waal
S'A 0.21 \)
UCAO1114P41 Peg
Fromm:soATD0Car
0 032 AC Tempo -coy
!mooch b CAtobttl
Rorer Balsam
0 019 AC c ernnsnt
Orvieto to Ca'awa
Row Wow
0.002 AC Temporary
I'roam to Catawba
RANK Buller
v Lan tOr
w rr .Ave
0001 AC Tarrpor ry Iropxf
tG Wettrl0 WIG 07F01 and
Catawba Rtiar &Aar
0 01 G AC Iwrrarwnt Irbbb
to Wrt an) W 16 (PF01 and
C-brWa Nose Duller
0.002 AC Temporary
Irpacts to Catawba
Rarer BIN,
0.017 AC ParmanMY
Irpabs to Catawba
Rher O.s0
Is
ram\ • I 0 001 AC Temporary
�{Itapacts toCatarrbw
Anew Butter
0 002 AC Terrocra y trnpobb 1
F.
1) wawa W14(Pm and
COMM ROW SLOW
i
i
Figure 4B
Impacts to Waters of the U.S. and the Catawba River Buffer
0.016 AC of Permanent Impacts to Wetland 16
0.003 AC of Temporary Impacts to Wetland 16
0.036 AC of Permanent Impacts to Catawba River Buffer
0.010 AC of Temporary Impacts to Catawba River Buffer
27 If
of Permanent Impacts to Catawba River (Fill)
No Impact to Catawba River (Driven Piles)
LEGEND
Project Area
Jurisdictional Wetlands
Permenant Impact
Previous Impacts
Jurisdictional Stream
Feet 120
FnCHARLOTTE
W TEI
Impact 2 - HDD
Moved 250 feet
to the North
STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS
UPDATED IMPACTS
FIGURE 5
PATH:IICLTSMAINIGIS DATAIGISIPROJECTS13018 CHARLOTTEWATER11013T229 LONGCREEKWWTP1l.2 WIPIMAP DOCSIMXDINWPIUPDATE 20211REV1PIGURE 5.MXD USER: BEBURDET - DATE: 111912021
NATIONWIDE PERMIT
LEGEND
Rik
IIIF
Project Area
Jurisdictional Wetlands
Catawba River
30' Buffer
Zone 1 Clearing
50' Buffer
Zone 2 Clearing
0 Feet 10
WIT
4111 1,388 Square Feet
of Zone 1 Clearing
PlY*41= #
Illiii•
eali
-wiLir _______
4id
927 Square Feet
of Zone 2 Clearing
•
0-
FnCHARLOTTE
W TEI
STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS
CATAWBA RIPARIAN RIVER BUFFER
FIGURE 6
PATH:IICLTSMAINIGIS DATAIGISIPROJECTS13018 CHARLOTTEWATER11013]229 LONGCREEKWWTP1l.2 WIPIMAP DOCSIMXDINWPIUPDATE 20211REV1FIGURE 5.MXD USER: BEBURDET - DATE: 111312021
NATIONWIDE PERMIT
Appendix B
SAW-2019-01988 General
Permit Verification
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-01988 County: Mecklenburg U.S.G.S. Quad: NC -Mount Holly
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Charlotte Water
Carl Wilson
Address: 5100 Brookshire Boulevard
Charlotte, NC 28216
Telephone Number: 704-336-1083
E-mail: cwilson(&,charlottenc.gov
Size (acres) 272 Nearest Town Charlotte
Nearest Waterway Long Creek River Basin Santee
USGS HUC 03050101 Coordinates Latitude: 35.2819
Longitude: -81.0025
Location description: The review area is located between the wastewater treatment plants at the terminus of Hawfield Road and
Broome Street.
Description of projects area and activity: This verification authorizes the grading and placement of fill material in 0.2 acre of
wetlands to facilitate the construction of Stowe Regional Water Resource Recovery facility and associated infrastructure. This
verification also authorizes the installation of sewer force main under the Catawba River by means of horizontal directional
drill.
Applicable Law(s): ❑X Section 404 (Clean Water Act, 33 USC 1344)
❑X Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 12. Utility Lines and NWP 14. Linear Transportation Projects
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application signed and dated 3/24/2020, and the enclosed plans Figures 3-10 and Plansheet 1-5 dated 3/23/2020.
Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order,
a restoration order, a Class i administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended
or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this
verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified
nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would
no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction)
or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has
been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact David L. Shaeffer at 704-510-1437 or david.l.shaefferAusace.armv.mil.
Corps Regulatory Official:
Expiration Date of Verification: 03/18/2022
Digitally signed by SHAEFFER.DAVID.LEIGH.1260750573
Date 2020.05.28 0716:49-04'00'
Date: 5/28/2020
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f1p=136:4:0
Copy furnished:
Agent: HDR, Incorporated
Kelly Thames
Address: 440 South Church Street, Suite 900
Charlotte, NC 28202
Telephone Number: 704-338-6710
E-mail: Kellv.thames(&hdrinc.com
SAW-2019-01988
SPECIAL CONDITIONS
a. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance
with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility
Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby
incorporated as special conditions of this permit authorization.
Action ID Number: SAW-2019-01988 County: Mecklenburg
Permittee: Charlotte Water, Carl Wilson
Project Name: Stowe Regional Water Resource Recovery Facility & Associated Infrastructure Projects
Date Verification Issued: 5/28/2020
Project Manager: David L. Shaeffer
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: David L. Shaeffer
Charlotte Regulatory Office
U.S Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
or
david.l.shaeffer@usace.army.mil
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date
Compensatory Mitigation Responsibility Transfer Form
Permittee: Charlotte Water, Carl Wilson Action ID: SAW-2019-01988
Project Name: Stowe Regional Water Resource Recovery Facility & Associated Infrastructure Projects
County: Mecklenburg
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one
8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03050101, Catawba River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.2
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements:
8-digit HUC and Basin: 03050101, Catawba River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.4
Mitigation Site Debited: Citv of Charlotte Umbrella Stream and Wetland Mitigation Bank
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions: A letter from City of Charlotte Umbrella Stream and Wetland Mitigation Bank,
confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 2/18/2020 was
included with the preconstruction notification.
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls
of Neuse Road, Wake Forest, NC27587 (email: todd.tugwell@usace.army.mil). Questions regarding this form or any of the
permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager:
USACE Field Office:
Email:
David L. Shaeffer
Charlotte Regulatory Office
US Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
david.l.shaeffer@usace.army.mil
Digitally signed by
SHAEFFER.DAVID.LEIGH.1260750573
Date: 2020.05.28 07:10:29 -04'00'
5/28/2020
USACE Project Manager Signature Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil
LEGEND
Project Site
Jurisdictional Streams
Jurisdictional Wetlands
Non-404 Isolated Wetland
750 1, 500
existing Mt. Holly
Water Reclamation
Facility
Mt. Holly
Pumping Station
(Phase 1 c)
Proposed Forcemains
(by horizontional
directional drilling)
(Phase la)
Proposed
effluent
structure
(Phase 2a)
FNCHARLOTTE
W TEI
Proposed
Stowe RWRRF
(Phase 2a)
Proposed Road
and Bridge
(Phase 1 b)
Proposed Equilization
Basin (part of Stowe
Headworks)
(Phase 1 c)
Service Layer Credits: NC Center for Geographic
Information &Analysis
Sources: Esri, HERE, Garmin, Intermap,
increment P Corp., GEBCO, USGS, FAO, NPS,
NRCAN, GeoBase, IGN, Kadaster NL, Ordnance
Survey, Esri Japan, METI, Esri China (Hong
Clariant
entrance
Clariant
facility
Proposed Road
and Bridge
(Phase 1 b)
various utilities
(by horizontional
directional drilling)
(Phase 2a)
Existing Long Creek
Pumping Station
Stowe Headworks &
Influent Pumping Station
(Phase 1 c)
Note: Depicted linework is from
Prelminary Engineering Report design, and
is not representative of final imork
SAW#: 2019-01988
Author: KTHAMES
Date: 3/20/2020
Data Source: Preliminary Engineering Report layout
Basemap Source: NC OneMap Orthoimagery
STOWE RWRRF & ASSOCIATED
INFRASTRUCTURE PROJECTS
PHASES 1A-1C AND PHASE 2A
FIGURE 3
NATIONWIDE PERMIT
C�C LEGEND
t.
Proposed Forcemain (Phase 2b)
Existing System (abridged)
Existing Sewer (abridged)
National Hydrography Dataset
National Wetland Inventory
0 750 1,500
Feet
FY2
CHARLOTTE
WLTER
fi
+ _ J 11 `PUSCh
,
1 PFO1A
J 7. 1
Charlotte West
�USGS Quad
:: f PUBHh �' % ', - -:
Service Layer Credits: Sources: Esri, HERE, Garmin, Intermap, increment P STOW E RW RRF & ASSOCIATED INFRASTRUCTURE PROJECTS
Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL,
Ordnance Survey, Esri Japan, MET!, Esri China (Hong Kong), (c) PHASE 2 B
OpenStreetMap contributors, and the GIS User Community
Copyright:© 2013 National Geographic Society, i-cubed FIGURE 4
PSS1'Fh
ti
SAW#: 2019-01988
Author: KTHAMES
Date: 3/23/2020
Data Source: USGS 1:24,000-scale Quadrangles
Belmont, NC and Charlotte West, NC; USFWS NWI;
USGS NHD; and Mecklenburg County GIS
Basemap Source: ESRA USA Topo Map
,)I
PATH: \\CLTSMAIN\GIS_DATA\GIS\ PROJECTS \3018_CHARLOTTEWATER\10131229_LONGCREEKWWrPV.2_WIP\MAP_DOCS\MXDWWP\DRAFT3\0a PHASE2B. MXD - USER: KTHAMES - DATE 3/23/2020
NATIONWIDE PERMIT
LEGEND
Project Area
Permenant Impact
Jurisdictional Wetlands
Jurisdictional Stream
Non-404 Isolated Wetland
400 800
existing Mt. Holly
Water Reclamation
Facility
Mt. Holly
Pumping Station
(Phase 1 c)
Proposed Forcemains
(by horizontional
directional drilling)
(Phase 1 a)
rot 4.4
FNCHARLOTTE
Clariant
entrance
Clariant
facility
Duke Transmission Line
(Phase 1 c)
Figure 8
Proposed Road l
and Bridge
(Phase 1 b)
Figure 7
Proposed Road
and Bridge
(Phase 1 b)
Existing Long Creek
Pumping Station
Figure 2
Stowe Headworks &
Influent Pumping Station
(Phase 1 c)
Proposed Equilization
Basin (part of Stowe
Headworks)
(Phase 1 c)
SAW#: 2019-01988
Author: KTHAMES
Date: 3/23/2020
Data Source: Preliminary Engineering Report layout
Basemap Source: NC OneMap Orthoimagery
STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS
PHASE 1 OVERVIEW
FIGURE 5
PATH: \\CLTSMAIN\GIS DATA\GIS\PROJECTS\3018 CHARLOTTEWATER\10137229 LONGCREEKWWrP\].2 WIP\MAP DOCS\MXDWWP\DRAFT3\FIGS 1.MXD USER: KTHAMES - DATE: 3/23/2020
NATIONWIDE PERMIT
a
z
c
E
0
LEGEND
Project Area
Permenant Impacts
Jurisdictional Wetlands
Odor Control Facility
Proposed Edge of Pavement
Limits of Disturbance
25 50 A
FY2
Mt Holly 2
Hnbrc
TrcPip vR7ae Ford
Rig lanai Air k
Impact 1 - Wetland 10
(Section 404)
permanent impact (grade and fill)
0.04 ac
•
SAW#: 2019-01988
Author: KTHAMES
Date: 3/23/2020
Data Source: HDR GIS Files
Basemap Source: NC OneMap Orthoimagery
•
STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS
CHARLOTTE PHASE 1A IMPACT
WCTER Figure 6
NATIONWIDE PERMIT
LL
z
x
E
U
O
a
co
E
N
Q.
J
coI
N
N
L
co
1n
a
co
U
co
c
d
LEGEND
Project Area
Permenant Impacts
Limits of Disturbance
Jurisdictional Wetlands
Jurisdictional Stream
25 50 A
Feet
• L • i t
Impact 3 - Wetland 5
' (Section 404)
permanent impact (fill)
0.01 ac
SAW#: 2019-01988
Author: KTHAMES
Date: 3/23/2020
Data Source: HDR GIS Files
Basemap Source: NC OneMap Orthoimagery
F�2
Mt lolly 2
� I
I Hnbrc
I T fc la urge, Ford 1S
RpweulPark
Palustrine Emergent Wetland
(no clearing needed beneath
bridge span)
bridge piling"
bridge span
Impact 4 - Wetland 6
(Section 404)
permanent impact (fill)
0.04 ac
STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS
CHARLOTTE PHASE 1B IMPACT
WCTER Figure 7
NATIONWIDE PERMIT
atMap
ommunity
50
co
a
c
E
U
O
LEGEND
Limits of Disturbance
Permenant Impact
Impact 5 - Wetland 8
(Non -Section 404)
permanent impact (fill)
0.04 ac
F)1
Mt ltolly c
1 Hnbrc
T,c la ewe Rncti
RpweulP.rrk
SAW#: 2019-01988
Author: KTHAMES
Date: 3/23/2020
Data Source: HDR GIS Files
Basemap Source: NC OneMap Orthoimagery
STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS
CHARLOTTE PHASE 1B IMPACT
WATER Figure 8
NATIONWIDE PERMIT
Document Path: \\c
LEGEND
Limits of Disturbance
Permenant Impacts
Jurisdictional Stream
Jurisdictional Wetlands
Impact 6 - Wetland 12
(Section 404)
permanent impact (fill)
0.11 ac
Mt Holly
f
'bridge piling
bridge span
Palustrine Forested Wetlands
(any trees will be removed
non -mechanically and stumps
left in -situ beneath bridge span;
no impact)
SAW#: 2019-01988
Author: KTHAMES
Date: 3/23/2020
Data Source: HDR GIS Files
Basemap Source: NC OneMap Orthoimagery
F�2
bridge piling
STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS
CHARLOTTE PHASE 1B IMPACT
W4TER Figure 9
NATIONWIDE PERMIT
LEGEND
L J Project Area
Permenant Impacts
Jurisdictional Wetlands
Jurisdictional Stream
0 200 400 A
Feet
Proposed Forcemains
(by horizontional
directional drilling)
(Phase 1 a)
Impact 8 - Catawba River
(Section 10/Section 404)
Dock and HDD for effluent outfall.
Anticipate <0.10 acre surface water
impact to Catawba River
Mt Holly g
Impact 7 - Wetland 9
(Non -Section 404)
permanent impact (fill)
0.18 ac
0:0 0
17 0 .* A
Hnbic
Tuc lop sop. Ford
Rq Yprl Rif k
various utilities
(by horizontional
directional drilling)
(Phase 2a)
SAW#: 2019-01988
Author: KTHAMES
Date: 3/23/2020
Data Source: Preliminary Engineering Report layout
Basemap Source: NC OneMap Orthoimagery
4
STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS
I. CHARLOTTE PHASE 2A IMPACTS
W TER Figure 10
NATIONWIDE PERMIT
,. f /\ • ••• v:,1..•;..i... -r-/'
iA
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1 CONSTRUCT SEDIMENT PR & LONG X N WEE% 2 DEEP ME SLOPE
SURROUNDING GRADE TO PR TO OE EXTENT PCGSIBLE DURING
OONSTRUCTION. UNE PIT WITH MINIMUM IP LAVER OF NCDOT CLASS
ENDS. CONTROL STONE
DIVERSION DR. MEL DDS2 DIES, AND DDSO SHALL BE ROUTED.
TEEDED AROUND THE F040W0(KSS !INFLUENT PUMPING STATION m
EXCAVATION AS REOUIREDTOCOMPLETE THEME<
ALL TREES, STUMPS AND BRUSH SHALL LE REMOVED TOTHE EXTENTS
SHOWN OR AS REQUIRED AND AREA SHALL BE SEEDED.
CONNECT NEW FENCE LINE TO EXISTING FENCE LINE.
MOVIE POSITIVE SLOPE TO ALL DIVERSION DITCHES.
ERCGION CONTROL MATTING MALL BE PROVIDED ON ALL SLOPES
EOUAL TO OR GREATER THAN A: 1. SEE ECM DETML C-08-503.
REFER TO SHEET C.505 FOR STORM DRAW ME MANHOLE
SCHEDULES.
S. SEEGENERAL NOTESON C-00-001.
•4!
.\\* If° /
• 3.
ladATANI3 W.R.0142 OCULO0t0
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10: 0.04 ac of
permanent
wetland impact.
.•
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FOR REVIEW PURPOSES ONLY - NOT RELEASED FOR CONSTRUCTION
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MOP DECEMER12,30
3
IS NOT 30 FULLE.ALE
PROJECT NO
401825
C-01-106
SHEET
OF
Plansheet 1 - Impact 1
3/23/2020
COMMMMIGFl.DOWNMX
LPGpPIU.
MONO 7EA0061
•
11. THE LOCATION OF THE BORINGS INDICATED ON THE ['WANGSARE'
APPROXIMATE. ACTUAL BORING LOCATIONS AND THE FINDLNGSOF •
. THE GEOTECINIgLL IXVES0GATIW ARE COVERED IN THE
GEOTECHNICOL REPORT IDENTIFIED IN THE CONTRACT DOCUWEXTS.
2 TOP OF BENPOO(SHOWX FOR ILLUSTRATIVE PURPOSES ONLY AM)'
WLL VARY BETWEEN BORINGS. •
3 PO RARE IN TIEOPECTIOX OF GRILLING AS SHOWN sFLOWN
PROPE. LT
A. CONTRACTOR LOCATION OFEASTI NOABOVEUTILITIES ANDBUEEDUTIL.THE
' FIELDCONTRACTOR NRESPoCSSLEIOON AND
LEARNS. SIOI0000
NTLTY
AC DOMAIENTS.' XAXDCUAROWCE, AS NOTEDBYTHE'
CONTRACT IVECOAENT3.' .
5. ROCK CORES STRENGTH ryes OWNREP ON RING TH SAMFL STIR
ROCK CORES WERE DETERMINED BY PREPARING THE SOMRES PER
'ASTM DNFN30B. .
PROFILE RCEPAA THE CENTERLINE OF BOTH THmWLLMg1NT..
HOLLY SWITH OFF
T. BORINGS IN
PROFILRENERTHAx MARE SHOWN ONLY IN
FLAN NOT IN 'ME PROFILE.
S: GRILLEDPATI NOTES: . ..
GRILLED PATH STATIONS ARE IN FEET BY HORIZONTAL
MEASUREMENT AND AE REFERENCED TO CONTROL ESTABLISHED
PoHTHE DRILLED SEGMENT.
B. GRILLED PATH COORDINATES REFER OOCEXTERLIXE OF PILGY.'
f- 9. PILOT HOE TOLERANCES: THE PILOT HOLE SHALL BE GRILLED TO
THE TOLERANCES LISTED BELOW.HOALL CASES,
RIGHT-OF-WAY AND EASEMENT RESTRICTION
CTONS AND CONCERN FOR
AGIACExT EMSTINGfACILME3 SHALL TAKE PRECEDENCE OVER
THESE TOLERANCES. ' '
ENTRY POINT: UP TO 10 FEET 'FORWARD CP BACK FROM' '
DESIGNED ENTRY POINT, UP TO SFERT RIGHT OR LEFT OF THE
D ESOXm ALIGNMENT. ' .
.B. EAT POINT: LP TO 10 FEET SHORT OR 10 FEET LONG RELATIVE TO
THE DESIGNED ROT POINT: UP.TO SFEETRIGHTOR LEFT OF THE
CESOXmiUP TNT.
nab,.
C. ELEVATION: UP O2 FEET ANTH DY5 FEET E
DESIGNED PROFILE.
ALIGNMENT: UP O5 FEET RIGHT ORLEFT .OF THEDESwRED
E.CURVE RADIU9:DESIGX RADIUS iA00 FF1T13ASED ON A3JOX, '
'PJ PROTECTION
to HtlERTAKE H FJOTXGFAGISTEPS: CONTRACTOR SHALL
UNDERTAKETHEION: FOLLOWING STEPS PRIORTO COMMENCING
DRILLING OPERATION:
THE UTIU
CCONTACT THE UTILITY LOCiITpWXOTIFM TpX SERVICE FOR THE
ONSTRUCTION AREA
B. LOCATE AND LOAKE CAIOD EASN SI U 0005 THE 0RILLEND FACILITIES. TH
SHALL BE 1TIE3LGGOED WITHIN E FEET CA THE OHILLEO PATH'
CNALBEEJPOSED.
C.WISP/ YTO NG ENT0CESAXT ROSHOLEACLITES. .AS
•
I.EAPPROXIMATE LOCATION
07000 TO UTI TIXG FA300 SHOWN.
.
it. CONTRACTOR5000PNNOB RESPONSIBLE
OVEAND SEJ W01Ei.THE
CONTRACTOR ID ISRESPONSIBLEFORABANDAROBELOWGROUND
• AMLITION.BORFIGS S RDRILLEHAND STRUCTJRCLEARANCE. S
12. ODGT0XALDDOESHEREGILLEDFOR SIHWNBEL3BUT WERE
SHALLOW'ARDDOES NOT IMPACT PROFILE SHOWN BELOW. •
•
•
•
OOB.O FEEa
DM LENPM.SOM2FEET
■� i■
8•
® is •
< 1
Sk •
-COROUGTONGSINO,•FA
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• 124 MINMUM- SEE
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SP CCATION HOLD! Ni6VSIN •:.; B.3. -
i MM�C�Mt�- MMMCI�F .■11111111=_
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a , GASING 13
MINIMUM • SEE
HORIZONTAL
DIRECTIONAL
DRILXG
SPECFIGTOI
5•00 5.00 10.00 11 00 12.00 13.0) 14.00 15 DD 1E00 17. 0 18W00 19*00 20.0 21. 0 22.00 23.00 24+00 25N0 25.00 27+00 20+00 29. 0 30.00 31+00 y2.0a
SOIL TYPE:
ROCK TYPE:
' LEGEND:
Ph
BOINS LOCATION (AFPROXMATE)
PROPERTY LFE
SPLIT SPOON SAMPLE •
W EE 3H5 .EAN:r7. �•p•
m�.�n—. �nnnramxw�
P WR PARTIALLY WEATHERED ROOM
MOD METAMORPHOSED OtARR DORM
WATER LEVEL TAKEN AFTERS. Hg1R8
... . 1V'A1T:k.i'.T,Li 011,AVTe1.L-qU.:D[)
HwlzaxTAL acALE1,150-
CHARLOTTE WATER
MOUNT HOLLY FORCE MAINS
31
ZLL
°
UUZ
<
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0
PROJECTING
401825
C-01-104
SHEET
7 OF 26
Plansheet 2 - Impact 2
3/23/2020
600
590
580
570
560
550
SENSITIVE
DRAWINGS
DO NOT SCAN
.ELEVATIOIS_DETERMINED_BTI ORS FROM DSGS REGIONAL REGRESSION EOUAT1090
42 43 ( 44
440 9SCRumn 800.L BURR moo
NC MOD
0041404
sa9eT00
N.D.0.E.L9. Game Number F-0118
18811E DATE OEBDRIPDON
WATER EDGE
� I\
N
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\
\1
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lei
PROE'05.0fflADL
40LGC5.28.-�
LONG LAZE/
/
N•RT1fPEl PH
45
PROJECT MANAGER TVLHt LEBER, PE
n w+D ..
Nat.( mamas
INCOMPLETE PLANS
PRELIMINARY PLANS
I I
1 / /
/ I
/
A \/ I
\ I / I
/
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Stowe Regional WRRF
Access Roads
CHARLOTTE
W TER
SCALE:
1'=100' HORIZONTAL
1'-20'VERRCAL
NORTH ALIGNMENT
PLAN AND PROFILE
Plansheet 3 -
Impacts 3 and 4
3/23/2020
600
590
8o
570
560
550
2 s
a
a
I
zn
A. 20+00, SE
LLI
L
J
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u
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21+00
22+00
0
,'.00 24,00
40'rr5stre
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TO FUTURE
STOWE REGIONAL WRRF
Nam Ft
OVA.
•v-A• ae{
DETAIL E
roewso oN
1WM ETA-L. 21.0 nT6 sr.-i4]i.uw FROM 11Ayh31-19 LT PO 1144,1-:5+®
SENSITIVE
DRAWINGS
Fgagg. h
cur wrw
F�2
440 S. 01.1 steak SUIM 1000
DO NOT SCAN
I]AIE UOBI.wP ::
Ingo
rRaaci NUN.. I,a,>rrac
INCOMPLB'I'R PLANS
PRELIMINARY PLANS
Stowe Regional WRRF
Access Roads
CHARLOTTE
W TER
TO
6ELMEADE DR
(5R 1606)
MATCHLINE -LB-- STA. 25+00, SEE SHEET 07
S..EE,,Sk 18 FOR -L_B- PROFILE
NORTHERN ACOE ISEROAD
ROADWAY PLAN SHEET
3/23/2020
Plansheet 4 -
Impact 5
f
1 10•FACE TO FACE
!ODER USE
RATH
CMONOLITHIC
ONCRETE BARRIER
48.0' OUT TO OUT ± BOX REu6 ur�aT
BRIDGE TYPICAL SECTION
SOUTHERN ACCESS ROAD
OVER LONG CREEK
610
600
590
580
570
560
SENSITIVE
DRAWINGS
DO NOT SCAN
•ELLYR'39R4 OLT
N.suro.lmoCNNC M
704.11813/00
rErOSEL1 MBE
OEG�r
ST
G9ODIIEtr
�
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CA7RdL..RCCAI5Y0N. LOuhTIORS
::11:...:'." •:'.: •:.12
N.CHELS Limes Number P-0118 ISSUE DATE DESCRIPTION
In. ..000 4RSS
WELL OENE
kil
11��PILES ITrP.IA5L EARK
621,Rp10 COP ITYIi' \RM.
35 KEY IN
PROJECT MANAGER TYLER LEBEN, PE
SEWERS SE MATTHEW WEIRDER, PE
Me ,:..•
BRAD LOI0 PE
MA1THEw SIBREBITEE
N.m Nc. SFr.
14
■ Gel &LOGE HM
•
IINCOMPLETE PLANS
PRELIMINARY PLANS
16
•
/
PE END WEDGE 16-INS
OUSS'P P \
7 SY TONSr RIP
sr cfaTEKnE 11
Eb"
F�. \I
1
ISM MR NOT MOWED \
1 }
1 -tsws IMO
,MR
SENI.(IPSre h
ELEVATION= 502.0'
-35 KEY IN DEPTH
FCESTSIIRVEOUN)
PROPOSED 100 YR
1TSEL• ' 5S0.1
PROLPOSE 5i9J YR (DESIGN
18 19
Stowe Regional WRRF
Access Roads
CHARLOTTE
W TER
SCALE:
Y-100' HORIZONTAL
Y n20' VERTICAL
20
SOUTH ALIGNMENT
PLAN AND PROFILE
Plansheet -
5 I mpact 6
3/23/2020
610
600
590
580
570
560
Determination of Jurisdiction:
A. ❑ There are waters, including wetlands on the above described project area that may be subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work
in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
C. There are waters, including wetlands within the above described project area that are subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued DATE. Action ID: FILE NUMBER.
Basis For Determination: See the approved jurisdictional determination form dated 5/6/2020.
Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdiction determinations as indicated in B and C
above).
This correspondence constitutes an approved jurisdiction determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by 7/27/2020.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
56" Digitally signed by
Corps Regulatory Official: r JON ES.MICHAEL.SCOTT.1258314073Date: 2020.05.2711:57:44-04'00'
Date of JD: 5/28/2020
Expiration Date of JD: 5/28/2025
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
.1.
Applicant: Charlotte Water, Carl Wilson File Number: SAW-2019-01988 Date: 5/28/2020
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
x
SECTION
Additional
or the
PRELIMINARY JURISDICTIONAL DETERMINATION
I - The following identifies your rights and options regarding an administrative appeal
E
of the above decision.
information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED
•
signature
rights
•
this
PERMIT: You may accept or appeal the permit
ACCEPT: If you received a Standard Permit, you may sign the permit document and return
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and
on the Standard Permit or acceptance of the LOP means that you accept the permit
to appeal the permit, including its terms and conditions, and approved jurisdictional
permit.
APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of
you may appeal the declined permit under the Corps of Engineers Administrative Appeal
it to the district engineer for final
your work is authorized. Your
in its entirety, and waive all
determinations associated with the
certain terms and conditions therein,
Process by completing Section II of
the division engineer within 60 days
form and sending the form to the division engineer. This form must be received by
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers
completing Section II of this form and sending the form to the division engineer. This form
engineer within 60 days of the date of this notice.
Administrative Appeal Process by
must be received by the division
D: APPROVED
information.
•
•
JURISDICTIONAL DETERMINATION: You may accept or appeal the
ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify
date of this notice, means that you accept the approved JD in its entirety, and waive all
APPEAL: If you disagree with the approved JD, you may appeal the approved JD under
Administrative Appeal Process by completing Section II of this form and sending the form
approved JD or provide new
the Corps within 60 days of the
rights to appeal the approved JD.
the Corps of Engineers
to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION:
preliminary JD. The Preliminary JD is not appealable. If you
You do not need to respond to the Corps regarding the
wish, you may request an approved JD (which may be appealed),
you may provide new information for further consideration by the
by contacting the Corps district for further instruction. Also
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a
record of the appeal conference or meeting, and any supplemental
clarify the administrative record. Neither the appellant nor the
review of the administrative record, the Corps memorandum for the
information that the review officer has determined is needed to
Corps may add new information or analyses to the record.
the location of information that is already in the administrative
However, you may provide additional information to clarify
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION: fil
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division
Attn: David L. Shaeffer
Charlotte Regulatory Office
U.S Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
If you only have questions regarding the appeal process you may
also contact:
Mr. Phillip Shannin, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,
consultants, to conduct investigations of the project site during the course of the appeal process.
notice of any site investigation, and will have the opportunity to participate in all site investi
and any government
You will be provided a 15 day
ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: David L. Shaeffer, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
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): 05/06/2020
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Stowe Regional Water Resource Recovery Facility&
Associated Infrastructure Projects, SAW-2019-01988
C. PROJECT LOCATION AND BACKGROUND INFORMATION: The review area is located between the wastewater treatment
plants at the terminus of Hawfield Road and Broome Street. RPWs 1 and 7; Seasonal RPWs 2, 3, 4A, 4B, 5, 6, and 7; Wetlands 1 through 17.
State: NC County/parish/borough: Mecklenburg City: Charlotte
Center coordinates of site (lat/long in degree decimal format): Lat. 35.2819 , Long. -81.0025
Universal Transverse Mercator:
Name of nearest waterbody: Long Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows:
Name of watershed or Hydrologic Unit Code (HUC): 03050101
® 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): 11/15/2019 by the Corps
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review
area. [Required]
❑ Waters subject to the ebb and flow of the tide.
❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply):1
❑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: 13,249 linear feet, wide, and/or 8.81 acres.
Wetlands: 32.44 acres.
c. Limits (boundaries) of jurisdiction based on: Established OHWM
Elevation of established OHWM (if known):
' 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).
2. Non -regulated waters/wetlands (check if applicable):'
Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain: Wetland 8 and Wetland 9 were determined to be isolated features due to lack of evidence of a surface water
connection. The two onsite sludge ponds were determined to be constructed in uplands and not an impoundment of waters
of the United States.
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 IILA.1 and 2
and Section IILD.1.; otherwise, see Section IILB below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetlandadjacent 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.1 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.0 below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i)
General Area Conditions:
Watershed size: 31.5 square miles
Drainage area: 31.5 square miles
Average annual rainfall: 41.63 inches
Average annual snowfall: 4 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
Tributary flows directly into TNW.
Tributary flows through 2 tributaries before entering TNW.
Project waters are 1 (or less) river miles from TNW.
Project waters are 1 (or less) river miles from RPW.
Supporting documentation is presented in Section IILF.
'Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid West.
(b)
(c)
Project waters are 1 (or less) 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: Seasonal RPWs 2, 3, 4A, 4B, 5, 6, and Perennial RPW 7 flow into Perennial RPW 1 (Long
Creek) flows into Catawba River .
Tributary stream order, if known:
General Tributary Characteristics (check all that apply):
Tributary is: ®Natural
❑Artificial (man-made). Explain:
Manipulated (man -altered). Explain: A portion of Perennial RPW 1 (Long Creek) was part of a
stream restoration project.
Tributary properties with respect to top of bank (estimate):
Average width: 4 feet
Average depth: 3 feet
Average side slopes: 2:1.
Primary tributary substrate composition (check all that apply):
Silts ® Sands ❑ Concrete
® Gravel ® Muck
❑ Vegetation. Type/% cover:
❑ Cobbles
❑ Bedrock
❑ Other. Explain:
Tributarycondition/stability [e.g., highly eroding, sloughing banks]. Explain: Stable banks.
Presence of run/riffle/pool complexes. Explain: Yes.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 2%
Flow:
Tributary provides for: Seasonal flow
Estimate average number of flow events in review area/year: 11-20
Describe flow regime: Seasonal
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):
F1
clear, natural line impressed on the bank
changes in the character of soil
® shelving
▪ vegetation matted down, bent, or absent
0leaf litter disturbed or washed away
sediment deposition
® water staining
❑ other (list):
❑ Discontinuous OHWM.' Explain:
❑ the presence of litter and debris
® destruction of terrestrial vegetation
the presence of wrack line
® sediment sorting
® scour
❑ multiple observed or predicted flow events
® abrupt change in plant community
'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.
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.
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
❑ High Tide Line indicated by: ❑ Mean High Water Mark indicated by:
❑ oil or scum line along shore objects ❑ survey to available datum;
❑ fine shell or debris deposits (foreshore) ❑ physical markings;
❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types.
❑ tidal gauges
❑ other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain: Watershed is developed with residential and commercial properties as well as undeveloped forested areas.
Identify specific pollutants, if known: None known.
(iv) Biological Characteristics. Channel supports (check all that apply):
11
Riparian corridor. Characteristics (type, average width): 20 feet
Wetland fringe. Characteristics: Forested Wetlands.
Habitat for:
❑ Federally Listed species. Explain findings.
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings.
Aquatic/wildlife diversity. Explain findings: Riparian corridor and wetland fringe provides habitat for common
aquatic terrestrial species of the Carolina Piedmont.
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: 3.46 acres
Wetland type. Explain: PFO and PEM
Wetland quality. Explain: Good quality due to the number of native species.
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
F1
Discrete wetland hydrologic connection. Explain: flow into and have overland sheetflow connections to RPWs.
Ecological connection. Explain: Mature forested riprian corridor.
❑ Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are 1 (or less) river miles from TNW.
Project waters are 1 (or less) aerial (straight) miles from TNW.
Flow is from: Wetland to navigable waters.
Estimate approximate location of wetland as within the 2-year or less 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 is clear.
Identify specific pollutants, if known: None identified.
(iii) Biological Characteristics. Wetland supports (check all that apply):
N Riparian buffer. Characteristics (type, average width): Forested and herbeous wetlands.
N Vegetation type/percent cover. Explain: 90%
N Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
N Aquatic/wildlife diversity. Explain findings: Riparian corridor and wetland fringe provides habitat for common aquatic
terrestrial species of the Carolina Piedmont.
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: 4
Approximately 3.46 acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N) Directly abuts? (Y/N) Size (in acres)
Wetlands 1, 3, 5, 7, 10, 11, 12, 13, 14, 16, 17 Y 29.00
Wetlands 2, 4, 6, 15 N 3.46
Summarize overall biological, chemical and physical functions being performed: Water storage and filtering.
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 food webs?
• 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 IILD:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain fmdings 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: Wetlands 2, 4, 6, 15 occur in the floodplain of Perennial RPW 1 (Long Creek) and interchange water during
flooding.
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, wide, Or acres.
❑ Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
11
Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: Perennial RPW 1( Long Creek) is a named blue line stream on the USGS map and has the characteristics of a
perennial stream including a defined OHWM, defined bed/bank, supports fish/other wildlife. Perennial RPPW 7 flows into a
wetland that abuts Perennial RPW 1 and has an OHWM, defined bed/bank and other indicators of perennial flow.
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: Seasonal RPWs 2 through 6 have a defined OHWM, defined bed/bank, and other traits of seasonal flow.
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: 13,249 linear feet width varies.
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
3. 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, wide.
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
❑X 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 5, 7, 10, 11, 12, 13, 14,16, and 17 abut Perennial RPW 1 (Long Creek).
Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW: Wetland 1 abuts Seasonal RPW 2, which flows into and out of Wetland 1.
Provide acreage estimates for jurisdictional wetlands in the review area: 22.10 acres.
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: Wetlands 2, 3, 4, 6, and 15 - 6.86 acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
E 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.
7. Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
'See Footnote # 3.
'To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
E 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
E 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):'°
E 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, wide.
E Other non -wetland waters: acres.
Identify type(s) of waters:
❑ Wetlands: acres.
F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
E 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.
E Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
E 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).
E Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
Other: (explain, if not covered above): Wetlands 8 and 9 found to be isolated. They appear to be old BMP sites that were not
maintained and are found in upland areas. No overland or subsurface connection to other waters apparent. The site
contains two sludge ponds constructed in uplands with no connection to downstream waters.
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, wide.
E Lakes/ponds: acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
Wetlands: Wetland 8 - 0.04 ac.; Wetland 9 - 0.18 acres. 2.53 acre sludge pond.
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 jurisdiction (check all that apply):
❑Non -wetland waters (i.e., rivers, streams):linear feet, wide.
E Lakes/ponds: acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
E Wetlands:
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Figures 6A-F dated 11/22/2019
10Prior 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.
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
Office concurs with data sheets/delineation report.
11
E Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
E U.S. Geological Survey Hydrologic Atlas:
❑USGS NHD data.
EUSGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name: Mountain Island Lake, NC (1997) - 1:24,000; Moutn Holly, NC
(1996) - 1:24,000.
USDA Natural Resources Conservation Service Soil Survey. Citation: NRCS Soil Survey of Mecklenburg County (NRCS 2017).
® National wetlands inventory map(s). Cite name: FWS National Wetlands Inventory (2017).
E State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
❑X Photographs: ❑Aerial (Name & Date):
Or 11 Other (Name & Date): Site Photographs August 2, September 10 to 13, and September 20, 2019.
E Previous determination(s). File no. and date of response letter:
❑ Applicable/supporting case law:
E Applicable/supporting scientific literature:
❑ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:
or% - -• .. • _ - : • Arr. ' - _ —
Approximate Total Jurisdictional RPW Tributary: 13,249 linear feet
Approximate Total Jurisdictional Wetlands: 33.52 acres
Approximate Total Uplands: 211.07 acres
Approximate Total Site Acreage: 253.4 acres
-: �,
1
it
_ -s
Waters of the U.S.
Wetland 16 PFO - Abutting
0.23 acre
Waters of the U.S.
Wetland 16 PEM -Abutting
0.07 acre
Waters of the U.S.
Wetland 15 - Abutting .�
0.96 acre
Wetland 9 - Isolated
0.18 acre
"1I Waters of the U.S.
Wetland 13 - Abutting
1.45 acres
CHARLOTTE
WVER
Waters of the U.S.
Wetland 3 PFO - Abutting
6.80 acres
Wetland 8 - Isolated
0.04 acre
Sludge Pond -
Non -Jurisdictional
2.24 acre
Waters of the U.S.
Wetland 12 - Abutting
0.31 acre
Sludge Pond -
Non -Jurisdictional
0 29 acre
Waters of the U.S.
Perennial RPW 7
752 If
Waters of the U.S.
Seasonal RPW 4B
289 If
Waters of the U.S.
Perennial RPW 1
10.605 If
Waters of the U.S_
Wetland 7 - Abutting
13.31 acres
Waters of the U.S.
Wetland 10 - Abutting
5.78 acres
Waters of the U_S_
Wetland 3 PEM - Abutting
0.05 acre
Waters of the U.S.
Wetland 4 - Adjacent
0.11 acre
Waters of the U.S.
Seasonal RPW 2
365 If
Waters of the U.S.
Seasonal RPW 4A
751 If
Waters of the U S
Seasonal RPW 3
59 1f
Waters of the U.S.
Wetland 1 - Abutting
0.12 acre
Waters of the U.S.
Wetland 2 -Adjacent
3.28 acres
Waters of the U.S.
Wetland 5 - Abutting
0.05 acre
Name: Stowe Regional WRRF and Associated Infrastructure Projects
Applicant: Charlotte Water
Location: west of Whitewater Center Parkway and south of Mt.
Holly Rd. (NC 27) near the Long Creek Pump Station
at 901 Hawfield Rd., Charlotte,Mecklenburg County, NC
Mecklenburg County PID #: See Figure 3
Date: 11/22/2019
Project Area: 253.4 acres
Center Coordinates:-81.002348°, 35.281883°
SAW# 2019-01988
;-
Project Site
Jurisdictional
Perennial RPW
Tributary
Jurisdictional
Seasonal RPW
Tributary
GPS POINTS WERE COLLECTED USING TRIMBLE
GEO7X AND POST -PROCESSED
Jurisdictional
£ Wetlands
Non -Jurisdictional
Wetland
Index Sheet
0 Feet 760
STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT
JURISDICTIONAL WATERS OF THE U.S.
FIGURE 6A
PATH:\\ CLTSMAIN\GIS_DATA\GIS\PROJECTS\3018_CHARLGTTEWATER\1013T229_LONGCREEKWWTP\].2_WIP\MAP_DOGS\ MXDVUD\06A_LONGCREEK_JD.MXD - USER: BEBURDET - DATE: 11126/2019
APPROVED JURISDICTIONAL DETERMINATION VERIFICATION
Waters of the U.S.
Seasonal RPW 4B
289 If
Fn CHARLOTTE
W TEF
Waters of the U.S.
Seasonal RPW 4A
751 If
Waters of the U.S.
Wetland 3 PEM - Abutting
0.05 acre
Waters of the U.S.
Wetland 3 PFO -Abutting
6.80 acres
Waters of the U.S.
Perennial) RPW 1
10,650 If
Name: Stowe Regional WRRF and Associated Infrastructure Projects
Applicant: Charlotte Water
Location: west of Whitewater Center Parkway and south of Mt.
Holly Rd. (NC 27) near the Long Creek Pump Station
at 901 Newfield Rd., Charlotte,Mecklenburg County, NC
Mecklenburg County PID #: See Figure 3
Date: 11/22/2019
Project Area: 253.4 acres
Center Coordinates:-81.002348°, 35.281883°
SAW# 2019-01988
Waters of the U.S
Seasonal RPW 3
59 If
Waters of the U.S.
Wetland 2 - Adjacent
328 acres
Waters of the U.S.
Seasonal RPW 2
365 If
Waters of the U.S.
Wetland 1 - Abutting
0 12 acre
Approximate Total Jurisdictional RPW Tributary: 13,249 linear feet
Approximate Total Jurisdictional Wetlands: 33.52 acres
Approximate Total Uplands: 211.07 acres
Approximate Total Site Acreage: 253.4 acres
LEGEND
Project Site
Photographs
Jurisdictional
Perennial RPW
Tributary
Jurisdictional
Upland Data Points Seasonal RPW
Tributary
Wetland Data Points GPS POINTS WERE COLLECTED USING TRIMBLE
GEO7X AND POST -PROCESSED
•
Jurisdictional
Wetlands
Non -Jurisdictional
Wetland
0
4
Feet
200
STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT
JURISDICTIONAL WATERS OF THE U.S.
FIGURE 6B
PATH: \\CLTSMAIMGIS_DATA\GIS\PROJECTS\3018_CHARLOTTEWATER\10137229_LONGCREEKWWTP\7.2_WIP\MAP_DOGS\MXD AJD\06B_LONGCREEK_JD.MXD - USER: BEBURDET - DATE: 11/26/2019
APPROVED JURISDICTIONAL DETERMINATION VERIFICATION
Approximate Total Jurisdictional RPW Tributary: 13,249 linear feet
Approximate Total Jurisdictional Wetlands: 33.52 acres
Approximate Total Uplands: 211.07 acres
Approximate Total Site Acreage: 253.4 acres
1
Name: Stowe Regional WRRF and Associated Infrastructure Projects
Applicant: Charlotte Water
Location: west of Whitewater Center Parkway and south of Mt.
Holly Rd. (NC 27) near the Long Creek Pump Station
at 901 Hawfield Rd., Charlotte,Mecklenburg County, NC
Mecklenburg County PID #: See Figure 3
Date: 11/22/2019
Project Area: 253.4 acres
Center Coordinates:-81.002348°, 35.281883°
SAW# 2019-01988
a
;eaters of the U.S-
Wetland 3 PFO - Abutting
6.80 acres
LEGEND
Project Site
6 Photographs
▪ Upland Data Points
® Wetland Data Points
GPS POINTS WERE COLLECTED USING TRIMBLE
GEO7X AND POST -PROCESSED
0
Jurisdictional
Perennial RPW
Tributary
Jurisdictional
Seasonal RPW
Tributary
4
Feet
200
■
Jurisdictional
Wetlands
Non -Jurisdictional
Wetland
Index Sheet
_ i • .;'
71 'I
CHARLOTTE
W‘TER
Waters of the U.S.
Wetland 4 - Adjacent
0.11 acre
Waters of the U.S.
Perennial RPW 1
10,605 If
Waters of the U S
Seasonal RPW 6
295 If
Waters of the U.S.
Wetland 5 - Abutting
0.04 acre
Waters of the U.S.
Perennial RPW 1
10,605 If
Waters of the U.S.
Wetland 6 - Adjacent
0.02 acre
STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT
JURISDICTIONAL WATERS OF THE U.S.
FIGURE 6C
PATH: \\CLTSMAIMGIS_DATA\GIS\PROJECTS\3018_CHARLOTTEWATER\1013T229_LONGCREEKWWTPV.2_WIP\MAP_DOGS\MXDUUD\U6C_LONGCREEK_JD.MXD - USER: BEBURDET - DATE: 11/26/2019
APPROVED JURISDICTIONAL DETERMINATION VERIFICATION
Ii
Approximate Total Jurisdictional RPW Tributary: 13,249 linear feet
Approximate Total Jurisdictional Wetlands: 33.52 acres
Approximate Total Uplands: 211.07 acres
Approximate Total Site Acreage: 253.4 acres
Name: Stowe Regional WRRF and Associated Infrastructure Projects
Applicant: Charlotte Water
Location: west of Whitewater Center Parkway and south of Mt.
Holly Rd. (NC 27) near the Long Creek Pump Station
at 901 Newfield Rd., Charlotte,Mecklenburg County, NC
Mecklenburg County PID #: See Figure 3
Date: 11/22/2019
Project Area: 253.4 acres
Center Coordinates:-81.002348°, 35.281883°
SAW# 2019-01988
LEGEND
Project Site
6 Photographs
Upland Data Points
L@ Wetland Data Points
GPS POINTS WERE COLLECTED USING TRIMBLE
GEO7XAND POST -PROCESSED
CHARLOTTE
W‘TER
Jurisdictional
Perennial RPW
Tributary
Jurisdictional
Seasonal RPW
Tributary
0
Feet 200
144
Wetland 8 -
Non Jurisdictional/isolated
0.04 acre
Jurisdictional
Wetlands
Non -Jurisdictional
Wetland
Index Sheet
44
,)1
STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT
JURISDICTIONAL WATERS OF THE U.S.
FIGURE 6D
ATH:\\CLTSMAIMGIS_DATA\GIS\PROJECTS\3018_CHARLOTTEWATER\1013T229_LONGCREEKWWTPV.2_WIP\MAP_DOGS\MXDIAJD\06D_LONGCREEK_JD.MXD - USER: BEBURDET - DATE: 11/26/2019
APPROVED JURISDICTIONAL DETERMINATION VERIFICATION
Name: Stowe Regional WRRF and Associated Infrastructure Projects
Applicant: Charlotte Water
Location: west of Whitewater Center Parkway and south of Mt.
Holly Rd. (NC 27) near the Long Creek Pump Station
at 901 Hawfield Rd., Charlotte,Mecklenburg County, NC
Mecklenburg County PID #: See Figure 3
Date: 11/22/2019
Project Area: 253.4 acres
Center Coordinates:-81.002348°, 35.281883°
SAW# 2019-01988
Waters of the U.S.
Wetland 16 PFO -Abutting
0.23 acre
Waters of the U.S.
Wetland 16 PEM - Abuttin
0.07 acre
Approximate Total Jurisdictional RPW Tributary: 13,249 linear feet
4Approximate Total Jurisdictional Wetlands: 33.52 acres
Approximate Total Uplands: 211.07 acres
Approximate Total Site Acreage: 253.4 acres
CHARLOTTE
W‘T E R
1
Wetland 9 -
Non Jurisdictional/Isolated
0.18 acre
LEGEND
Project Site
6 Photographs
Upland Data Points
Wetland Data Points
GPS POINTS WERE COLLECTED USING TRIMBLE
GEO7X AND POST -PROCESSED
■•
Jurisdictional
Perennial RPW
Tributary
Jurisdictional
Seasonal RPW
Tributary
1 1
0 Feet 200
�r; +lip r,.
I
4'�
Waters of the U.S.
Wetland 7 - Abutting
13.31 acres
Jurisdictional
Wetlands
Non -Jurisdictional
Wetland
Index Sheet
0..`0 pap
Waters of the U.S.
Wetland 10 • Abutting
5.78 acres
Waters of the U.S
Wetland 11 -Abutting
0.16 acre
STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT
JURISDICTIONAL WATERS OF THE U.S.
FIGURE 6E
ATH:\\CLTSMAINIGIS_DATA\GIS\PROJECTS\3019_CHARLOTTEWATER\10137229_LONGCREEKWWTPV.2_WIP\MAP_DOGS\MXDUIJD\06E_LONGCREEK_JD.MXD - USER: BEBURDET - DATE: 11/26/2019
APPROVED JURISDICTIONAL DETERMINATION VERIFICATION
-11114 •tea`
Approximate Total Jurisdictional RPW Tributary: 13,249 linear feet
Approximate Total Jurisdictional Wetlands: 33.52 acres
Approximate Total Uplands: 211.07 acres
Approximate Total Site Acreage: 253.4 acres
Name: Stowe Regional WRRF and Associated Infrastructure Projects
Applicant: Charlotte Water
Location: west of Whitewater Center Parkway and south of Mt.
Holly Rd. (NC 27) near the Long Creek Pump Station
at 901 Newfield Rd., Charlotte,Mecklenburg County, NC
Mecklenburg County PID #: See Figure 3
Date: 11/22/2019
Project Area: 253.4 acres
Center Coordinates:-81.002348°, 35.281883°
SAW# 2019-01988
V1la1ers of the U.S.
Wetland 14 - Abutting
0.83 acre
Waters of the U.S
Wettand 15 - Abutting •
0 96 acre
'Attars of the U.S_
Wetland 13 - Abutting
1.45 acres
CHARLOTTE
W‘TER
PATH:1\CLTSMAIMGIS_DATA\GIS\PROJECTS13915_CHARLOTTEWATER\19137229_LONGCREEKWWTPV.2_WIPIMAP_DOCSIMXD\AJD\96F_LONGCREEK_JD.MX0 - USER: BEBURDET - DATE: 11/26/2019
Miters of the U.S.
Wetland 12 - Abutting
Q 31 acre
LEGEND
Project Site
Photographs
Upland Data Points
Wetland Data Points
GPS POINTS WERE COLLECTED USING TRIMBLE
GEO7X AND POST -PROCESSED
Waters of the U.S.
Wetland 11 - Abutting
0 16 acre
Jurisdictional
Perennial RPW
Tributary
Jurisdictional
Seasonal RPW
Tributary
Jurisdictional
Wetlands
Index Sheet
STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT
JURISDICTIONAL WATERS OF THE U.S.
FIGURE 6F
APPROVED JURISDICTIONAL DETERMINATION VERIFICATION
Appendix C
DWR# 20-0405 Approval of
401 Water Quality
Certification and Catawba
Riparian Buffer Authorization
with Additional Conditions
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Dimcrcr
Mr. Joe Wilson,
Charlotte Water
5100 Brookshire Blvd.
Charlotte, NC 28216
NORTH CAROLINA
Environmental Quality
May 21, 2020
DWR# 20-0405
Mecklenburg County
Subject: APPROVAL of 401 Water Quality Certification and Catawba Riparian Buffer
Authorization with Additional Conditions; Stowe RWRR Project(s), PHASED
Dear Mr. Wilson:
You have our approval, in accordance with the General Certification and those
conditions listed below, for the purpose proposed in your application dated March 4, 2020, and
received by the Division of Water Resources (the Division) on March 25, 2020, and subsequent
information on May 18, 2020. After reviewing your application, we have determined that this
project is covered by Water Quality General Certification Number 4139 which can be viewed on
our web site at https://deq.nc.gov/about/divisions/water-resources/water-resources-
permits/wastewater-branch/401-wetlands-buffer-permits/401-401-isolated-wetlands-waters-
program The General Certification allows you to use Nationwide Permit Number 39 once it is
issued to you by the U.S. Army Corps of Engineers (COE). In addition, associated impacts are
authorized by the Catawba Riparian Buffer Rule (15A NCAC 02B .0243 and the conditions listed
below Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and
Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification and Buffer Authorization. It is advised that all
conditions of the Certification are reviewed prior to initiation of the project. In addition to the
requirements of the Certification, you must also comply with the following conditions:
1. This approval is only valid for the purpose and design that you described in your
application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new Certification/Authorization. If total
wetland fills for this project (now or in the future) exceed one acre, or of total impacts to
streams (now or in the future) exceed 300 linear feet, compensatory mitigation may be
required. Additional buffer impacts may require compensatory mitigation as described in
15A NCAC .0244(9). If the property is sold, the new owner must be given a copy of the
Certification and approval letter; and is thereby responsible for complying with all
conditions. 15A NCAC 02H .0506 and 15A NCAC 02B .0243(8), 15A NCAC 02H .0507
North Carolina Department of Environmental Quaky I Dr.isa,n of Water Rewvrces
Mooresville Regi al Office 16IO Ewa Center Mace. Smote 301 I Mooresvlle. North Carolina 28II5
T04.6631699
2. The Mooresville Regional Office shall be notified in writing once construction at the
approved impact areas has commenced. 15A NCAC 02H .0502 (e)
3. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Open Water
0
0.1 acre
Wetland (BLHWD)
0 acre
0.420 acre
Catawba Buffer (Zone 1)
0
6410 sq. ft.
Catawba Buffer (Zone 2)
0
4494 sq. ft.
4. Diversion Ditches and other storm water conveyances as related to the sediment and
erosion control measures shall be matted and/or stabilized to reduce sediment loss and
turbidity. This includes interior/exterior slopes of sediment basins. 15A NCAC 02H .0506
(b)(3) and (c)(3)
5. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be
matted. 15A NCAC 02H .0506 (b)(3) and (c)(3)
6. Stormwater discharge structures at this site shall be constructed in a manner such that
the potential receiving streams (of the discharge) will not be impacted due to sediment
accumulations, scouring or erosion of the stream banks. 15A NCAC 02H .0506(b)(5)
7. Use of native vegetation and other soft stream bank stabilization techniques is
recommended where practicable instead of riprap or other bank hardening methods. If
riprap is necessary, it shall not be placed in the streambed, unless approved by DWR
8. During the construction of the project, no staging of equipment of any kind is permitted in
waters of the U.S., or protected riparian buffers. 15A NCAC 02H .0506(b)(3)
9. The permittee shall report to the Mooresville Regional Office any noncompliance with
this certification, any violation of stream or wetland standards [including but not limited to
sediment impacts, and any violation of state regulated riparian buffer rules. Information
shall be provided orally within 24 hours (or the next business day if a weekend or
holiday) from the time the applicant became aware of the circumstances. A written
submission shall also be provided within 5 business days of the time the applicant
becomes aware of the circumstances. The written submission shall contain a description
of the noncompliance, and its causes; the period of noncompliance, including exact
dates and times, if the noncompliance has not been corrected, the anticipated time
compliance is expected to continue; and steps taken or planned to reduce, eliminate,
and prevent reoccurrence of the noncompliance. The Division may waive the written
submission requirement on a case -by -case basis. 15A NCAC 02B .0200
10. The Permittee shall ensure that the final design drawings adhere to the permit and to the
permit drawings submitted for approval. 15A NCAC 02H .0507 (c) and 15A NCAC
02H .0506 (b)(2) and (c)(2)
11. Upon completion of the project, the applicant shall complete and return a "Certificate of
Completion" form to the 401 /Wetlands Branch of the Division using the following link:
https://edocs.deq.nc.gov/Forms/Certificate-of-Completion. 15A NCAC 02H .0507(c)
This Certification can be contested as provided in Articles 3 and 4 of the General Statute
150B by filing a written petition for an administrative hearing to the Office of the Administrative
Hearings (hereby known as OAH). A petition form may be obtained from the OAH at
http://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-3000.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any applicable
OAH filing fee is received in the OAH during normal office hours (Monday through Friday, 8:00
am to 5:00 pm, excluding state holidays).
The petitions may be faxed to the OAH at (919) 431-3100, provided the original and one
(1) copy of the petition along with any applicable OAH filing fee is received by the OAH within
five (5) business days following the faxed transmission. Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings
1711 New Hope Church Rd.
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Bill Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division under Section 401 of the Clean Water
Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional
Office at 704-663-1699.
Attachment
Sincerely,
for
Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
cc: David Shaeffer, Army Corps of Engineers, Charlotte, email
Kelly Thames, HDR, Kelly.thames@hdrinc.com
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality
CERTIFICATE OF COMPLETION
NCDWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401
Wetland & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center,
Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's
authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed
to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed
to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State
of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of
the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature Registration No. Date
Appendix D
SAW-2019-01988 Revised
AJD
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-01988 County: Mecklenburg U.S.G.S. Quad: NC- Mount Holly
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Charlotte Water
Joseph Wilson
Address: 5100 Brookshire Blvd.
Charlotte, NC 28216
Telephone Number: 704-336-1083
E-mail: cwilson(aicharlottenc.2ov
Size (acres) 272 Nearest Town Charlotte
Nearest Waterway Long Creek River Basin Santee
USGS HUC 03050101 Coordinates Latitude: 35.2818
Longitude: -81.0023
Location description: The review area is located between the wastewater treatment plants at the terminus of Hawfield Road and
Broome Street. The review area also includes parts of the Catawba River and the Mount Holly Wastewater Treatment Plant.
Mecklenburg County: 05305102, 05305103, 05305104, 05306101, 05306119, 05306117, Gaston County: 124524, 217834,
124527, 124512
Indicate Which of the Following Apply:
A. Preliminary Determination
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
SAW-2019-01988
® The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated 3/18/2020. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact David L. Shaeffer at 704-510-1437 or
david.l.shaeffer(&,,usace.armv.m il.
C. Basis For Determination: Basis For Determination: See the approved jurisdictional determination
form dated 6/1/2020.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by 7/31/2020.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Digitally signed by JONES.MICHAEL.SCOTT.1258314073
��rr Date: 2020.Ofi.01 15:03:53-04'00'
Corps Regulatory Official:
Date of JD: 6/1/2020 Expiration Date of JD: 6/1/2025
SAW-2019-01988
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Copy furnished:
Agent: HDR
Kelly Thames
Address: 440 S. Church Street, Suite 900
Charlotte, NC 28202
Telephone Number: 704-338-6710
E-mail: kelly.thames(u,hdrinc.com
Property Owner: Charlotte Water
Joseph Wilson
Address: 5100 Brookshire Blvd.
Charlotte, NC 28216
Telephone Number: 704-336-1083
E-mail: cwilson(acharlottenc.gov
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
i
Applicant: Charlotte Water, Joseph Wilson File Number: SAW-2019-01988 Date: 6/1/2020
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
x
SECTION
Additional
or the
PRELIMINARY JURISDICTIONAL DETERMINATION
I - The following identifies your rights and options regarding an administrative appeal
E
of the above decision.
information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
Corps regulations at 33 CFR Part 331.
A: INITIAL
•
signature
rights
•
that
engineer.
evaluating
PROFFERED PERMIT: You may accept or object to the permit.
ACCEPT: If you received a Standard Permit, you may sign the permit document and return
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and
on the Standard Permit or acceptance of the LOP means that you accept the permit
to appeal the permit, including its terms and conditions, and approved jurisdictional
permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions
the permit be modified accordingly. You must complete Section II of this form and
Your objections must be received by the district engineer within 60 days of the
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district
objections and may: (a) modify the permit to address all of your concerns, (b) modify the
objections, or (c) not modify the permit having determined that the permit should be issued
it to the district engineer for final
your work is authorized. Your
in its entirety, and waive all
determinations associated with the
therein, you may request
return the form to the district
date of this notice, or you will
engineer will evaluate your
permit to address some of your
as previously written. After
reconsideration, as indicated in
your objections, the district engineer will send you a proffered permit for your
Section B below.
B: PROFFERED
•
signature
rights
•
this
PERMIT: You may accept or appeal the permit
ACCEPT: If you received a Standard Permit, you may sign the permit document and return
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and
on the Standard Permit or acceptance of the LOP means that you accept the permit
to appeal the permit, including its terms and conditions, and approved jurisdictional
permit.
APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of
you may appeal the declined permit under the Corps of Engineers Administrative Appeal
it to the district engineer for final
your work is authorized. Your
in its entirety, and waive all
determinations associated with the
certain terms and conditions therein,
Process by completing Section II of
the division engineer within 60 days
form and sending the form to the division engineer. This form must be received by
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers
completing Section II of this form and sending the form to the division engineer. This form
engineer within 60 days of the date of this notice.
Administrative Appeal Process by
must be received by the division
D: APPROVED
information.
•
•
JURISDICTIONAL DETERMINATION: You may accept or appeal the
ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify
date of this notice, means that you accept the approved JD in its entirety, and waive all
APPEAL: If you disagree with the approved JD, you may appeal the approved JD under
Administrative Appeal Process by completing Section II of this form and sending the form
approved JD or provide new
the Corps within 60 days of the
rights to appeal the approved JD.
the Corps of Engineers
to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION:
preliminary JD. The Preliminary JD is not appealable. If you
You do not need to respond to the Corps regarding the
wish, you may request an approved JD (which may be appealed),
you may provide new information for further consideration by the
by contacting the Corps district for further instruction. Also
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a
record of the appeal conference or meeting, and any supplemental
clarify the administrative record. Neither the appellant nor the
review of the administrative record, the Corps memorandum for the
information that the review officer has determined is needed to
Corps may add new information or analyses to the record.
the location of information that is already in the administrative
However, you may provide additional information to clarify
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division
Attn: David L. Shaeffer
Charlotte Regulatory Office
U.S Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
If you only have questions regarding the appeal process you may
also contact:
Mr. Phillip Shannin, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,
consultants, to conduct investigations of the project site during the course of the appeal process.
notice of any site investigation, and will have the opportunity to participate in all site investi
and any government
You will be provided a 15 day
ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: David L. Shaeffer, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
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): 6/1/2020
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Stowe Regional Water Resource Recovery Facility &
Associated Infrastructure Projects, SAW-2019-01988
C. PROJECT LOCATION AND BACKGROUND INFORMATION: The review area is located between the wastewater treatment
plants at the terminus of Hawfield Road and Broome Street. RPWs 1 and 7; Seasonal RPWs 2, 3, 4A, 4B, 5, 6, and 7; Wetlands 1 through 17.
State: NC County/parish/borough: Mecklenburg City: Charlotte
Center coordinates of site (lat/long in degree decimal format): Lat. 35.2819 , Long. -81.0025
Universal Transverse Mercator:
Name of nearest waterbody: Long Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows:
Name of watershed or Hydrologic Unit Code (HUC): 03050101
® 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): 11/15/2019 by the Corps
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There are "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review
area. [Required]
❑ Waters subject to the ebb and flow of the tide.
® Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain: The Catawba River at this location is listed on the Wilmington District list of navigable waters.
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply):1
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: 13,249 linear feet, wide, and/or 12.31 acres.
Wetlands: 32.44 acres.
c. Limits (boundaries) of jurisdiction based on: Established OHWM
Elevation of established OHWM (if known):
' 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).
2. Non -regulated waters/wetlands (check if applicable):'
Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain: Wetland 8 and Wetland 9 were determined to be isolated features due to lack of evidence of a surface water
connection. The two onsite sludge ponds were determined to be constructed in uplands and not an impoundment of waters
of the United States.
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 III.D.1.; otherwise, see Section IILB below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetlandadjacent 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.1 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.0 below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i)
General Area Conditions:
Watershed size: 31.5 square miles
Drainage area: 31.5 square miles
Average annual rainfall: 41.63 inches
Average annual snowfall: 4 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
Tributary flows directly into TNW.
Tributary flows through 2 tributaries before entering TNW.
Project waters are 1 (or less) river miles from TNW.
Project waters are 1 (or less) river miles from RPW.
Supporting documentation is presented in Section III.F.
'Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid West.
(b)
(c)
Project waters are 1 (or less) 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: Seasonal RPWs 2, 3, 4A, 4B, 5, 6, and Perennial RPW 7 flow into Perennial RPW 1 (Long
Creek) flows into Catawba River .
Tributary stream order, if known:
General Tributary Characteristics (check all that apply):
Tributary is: ®Natural
❑Artificial (man-made). Explain:
Manipulated (man -altered). Explain: A portion of Perennial RPW 1 (Long Creek) was part of a
stream restoration project.
Tributary properties with respect to top of bank (estimate):
Average width: 4 feet
Average depth: 3 feet
Average side slopes: 2:1.
Primary tributary substrate composition (check all that apply):
® Silts ® Sands ❑ Concrete
® Gravel ® Muck
❑ Vegetation. Type/% cover:
❑ Cobbles
❑ Bedrock
❑ Other. Explain:
Tributarycondition/stability [e.g., highly eroding, sloughing banks]. Explain: Stable banks.
Presence of run/riffle/pool complexes. Explain: Yes.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 2%
Flow:
Tributary provides for: Seasonal flow
Estimate average number of flow events in review area/year: 1 1-20
Describe flow regime: Seasonal
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):
11
F1
11
clear, natural line impressed on the bank
changes in the character of soil
shelving
®vegetation matted down, bent, or absent
® leaf litter disturbed or washed away
sediment deposition
® water staining
❑ other (list):
❑ Discontinuous OHWM.' Explain:
❑ the presence of litter and debris
® destruction of terrestrial vegetation
11
the presence of wrack line
® sediment sorting
® scour
❑ multiple observed or predicted flow events
® abrupt change in plant community
'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.
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.
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
❑ High Tide Line indicated by: ❑ Mean High Water Mark indicated by:
❑ oil or scum line along shore objects ❑ survey to available datum;
❑ fine shell or debris deposits (foreshore) ❑ physical markings;
❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types.
❑ tidal gauges
❑ other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain: Watershed is developed with residential and commercial properties as well as undeveloped forested areas.
Identify specific pollutants, if known: None known.
(iv) Biological Characteristics. Channel supports (check all that apply):
11
Riparian corridor. Characteristics (type, average width): 20 feet
Wetland fringe. Characteristics: Forested Wetlands.
Habitat for:
❑ Federally Listed species. Explain findings.
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings.
Aquatic/wildlife diversity. Explain fmdings: Riparian corridor and wetland fringe provides habitat for common
aquatic terrestrial species of the Carolina Piedmont.
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: 3.46 acres
Wetland type. Explain: PFO and PEM
Wetland quality. Explain: Good quality due to the number of native species.
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
ONot directly abutting
®Discrete wetland hydrologic connection. Explain: flow into and have overland sheetflow connections to RPWs.
▪ Ecological connection. Explain: Mature forested riprian corridor.
❑ Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are 1 (or less) river miles from TNW.
Project waters are 1 (or less) aerial (straight) miles from TNW.
Flow is from: Wetland to navigable waters.
Estimate approximate location of wetland as within the 2-year or less 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 is clear.
Identify specific pollutants, if known: None identified.
(iii) Biological Characteristics. Wetland supports (check all that apply):
N Riparian buffer. Characteristics (type, average width): Forested and herbeous wetlands.
N Vegetation type/percent cover. Explain: 90%
N Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
Aquatic/wildlife diversity. Explain fmdings: Riparian corridor and wetland fringe provides habitat for common aquatic
terrestrial species of the Carolina Piedmont.
►1
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: 4
Approximately 3.46 acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N) Directly abuts? (Y/N) Size (in acres)
Wetlands 1, 3, 5, 7, 10, 11, 12, 13, 14, 16, 17 Y 29.00
Wetlands 2, 4, 6, 15 N 3.46
Summarize overall biological, chemical and physical functions being performed: Water storage and filtering.
C. SIGNIFICANT NEXUS DETERMENATION
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 food webs?
• 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: Wetlands 2, 4, 6, 15 occur in the floodplain of Perennial RPW 1 (Long Creek) and interchange water during
flooding.
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, wide, Or 3.5 acres.
❑ Wetlands adjacent to TNWs: acres.
11
2. RPWs that flow directly or indirectly into TNWs.
11
Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: Perennial RPW 1( Long Creek) is a named blue line stream on the USGS map and has the characteristics of a
perennial stream including a defined OHWM, defined bed/bank, supports fish/other wildlife. Perennial RPPW 7 flows into a
wetland that abuts Perennial RPW 1 and has an OHWM, defined bed/bank and other indicators of perennial flow.
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: Seasonal RPWs 2 through 6 have a defined OHWM, defined bed/bank, and other traits of seasonal flow.
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: 13,249 linear feet width varies.
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
3. 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, wide.
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
❑X 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 5, 7, 10, 11, 12, 13, 14,16, and 17 abut Perennial RPW 1 (Long Creek).
Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW: Wetland 1 abuts Seasonal RPW 2, which flows into and out of Wetland 1.
Provide acreage estimates for jurisdictional wetlands in the review area: 22.10 acres.
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: Wetlands 2, 3, 4, 6, and 15 - 6.86 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.
7. Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
'See Footnote # 3.
'To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
E 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
E 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.
E 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, wide.
E Other non -wetland waters: acres.
Identify type(s) of waters:
❑ Wetlands: acres.
F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
E 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.
E Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
E 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).
E Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
Other: (explain, if not covered above): Wetlands 8 and 9 found to be isolated. They appear to be old BMP sites that were not
maintained and are found in upland areas. No overland or subsurface connection to other waters apparent. The site
contains two sludge ponds constructed in uplands with no connection to downstream waters.
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, wide.
E Lakes/ponds: acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
Wetlands: Wetland 8 - 0.04 ac.; Wetland 9 - 0.18 acres. 2.53 acre sludge pond.
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 jurisdiction (check all that apply):
❑Non -wetland waters (i.e., rivers, streams):linear feet, wide.
E Lakes/ponds: acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
E Wetlands:
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Figures 6A-F dated 11/22/2019
10Prior 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.
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
Office concurs with data sheets/delineation report.
11
E Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
E U.S. Geological Survey Hydrologic Atlas:
❑USGS NHD data.
EUSGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name: Mountain Island Lake, NC (1997) - 1:24,000; Moutn Holly, NC
(1996) - 1:24,000.
USDA Natural Resources Conservation Service Soil Survey. Citation: NRCS Soil Survey of Mecklenburg County (NRCS 2017).
® National wetlands inventory map(s). Cite name: FWS National Wetlands Inventory (2017).
E State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
E 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: EAerial (Name & Date):
Or 11 Other (Name & Date): Site Photographs August 2, September 10 to 13, and September 20, 2019.
E Previous determination(s). File no. and date of response letter:
❑ Applicable/supporting case law:
E Applicable/supporting scientific literature:
❑ Other information (please specify):
11
►1
B. ADDITIONAL COMMENTS TO SUPPORT JD:
1_4
Approximate Total Jurisdictional RPW Tributary: 13,248 linear feet
Approximate Total Jurisdictional Wetlands: 33.53 acres
Approximate Total Jurisdictional Open Water (Riverine): 3.5 acres (Catawba River)
Approximate Total Isolated (Non-404) Wetlands: 0.22 acres
Approximate Total Uplands: 229.5 acres
Approximate Total Site Acreage: 272 acres
Waters of the U.S.
TNW
Catawba River
3.5 acres
Waters of the U.S.
Wetland 16 PFO - Abutting
0.23 acre
Waters of the U.S.
Wetland 16 PEM -Abutting
0.07 acre
Waters of the U.S.
Wetland 15 -Abutting
0.96 acre
01 CHARLOTTE
W TES
Waters of the U.S.
Wetland 3 PFO - Abutting
6.80 acres
Sludge Pond -
Non -Jurisdictional
0.29 acre
Wetland 8 - Isolated
0.04 acre
Sludge Pond -
Non -Jurisdictional
2.24 acre
Wetland 9 - Isolated
0.18 acre
Waters of the U.S.
Wetland 13 -Abutting
1.45 acres
Service Layer Credits: NC Center for Geographic
Information & Analysis
PATH: 11CLTSMAINIGIS_DATAIGISIPROJECTS1J018_CHARLOTTEWATER1101J7229_LONGCREEKWWTP17.2_WIP1MAP_DOCSIMXDIAJDIAMENDMENT__202003106A_LONGCREEK_JD.MXD - USER: KTHAMES - DATE: 011812020
Waters of the U.S.
Seasonal RPW 6
295 If
Waters of the U.S.
Seasonal RPW 4B
289 If
Waters of the U.S.
Seasonal RPW 5
132 If
Waters of the U.S.
Perennial RPW 7
752 If
Waters of the U.S.
Perennial RPW 1
10,605 If
Waters of the U.S.
Wetland 7 - Abutting
13.31 acres
Waters of the U.S.
Wetland 10 -Abutting
5.78 acres
Waters of the U.S.
Wetland 11 -Abutting
0.16 acre
Waters of the U.S.
Wetland 12 -Abutting
0.31 acre
Waters of the U.S.
Wetland 14 -Abutting
0.83 acre
Waters of the U.S.
Wetland 3 PEM -Abutting
0.05 acre
Waters of the U.S.
Wetland 4 - Adjacent
0.11 acre
aters of the U.S.
Wetland 6 - Adjacent
0.02 acre
LEGEND
Waters of the U.S.
Seasonal RPW 4A
751 If
Waters of the U.S.
Seasonal RPW 3
59 If
Waters of the U.S.
Seasonal RPW 2
365 If
Waters of the U.S.
Wetland 1 - Abutting
0.12 acre
Waters of the U.S.
Wetland 2 - Adjacent
3.28 acres
Waters of the U.S.
Wetland 5 - Abutting
0.05 acre
SAW#: 2019-01988
Author: KTHAMES
Date: 3/18/2020
Data Source: HDR GIS Shapefiles
Basemap Source: NC OneMap Orthoimagery
Project Site (272
acres)
Jurisdictional
Perennial RPW
Tributary
Jurisdictional
Seasonal RPW
Tributary
DELINEATOIN BOUNDARIES CREATED BY
GPS POINTS COLLECTED USING TRIMBLE
GEO7XR
Jurisdictional
Wetlands
Non-404 Isolated
Wetland
Index Sheet
375 750
Feet
STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT
JURISDICTIONAL WATERS OF THE U.S.
FIGURE 6A
APPROVED JURISDICTIONAL DETERMINATION VERIFICATION
•
•
•
Waters of the U.S.
Seasonal RPW 4A
751 If
Waters of the U.S.
Wetland 3 PEM -Abutting
0.05 acre
Waters of the U.S.
Seasonal RPW 4B
289 If
Waters of the U.S.
Perenniall RPW 1
10,650 If
01 CHARLOTTE
W TES
Waters of the U.S.
Wetland 3 PFO - Abutting
6.80 acres
Waters of the U.S.
Wetland 4 - Adjacent
0.11 acre
Service Layer Credits: NC Center for Geographic
Information & Analysis
PATH: 11CLTSMAINIGIS_DATAIGISIPROJECTS1J018_CHARLOTTEWATER1101J7229_LONGCREEKWWTP17.2_WIP1MAP_DOCSIMXDIAJDIAMENDMENT__202003106B_LONGCREEK_JD.MXD - USER: KTHAMES - DATE: 011812020
Waters of the U.S.
Seasonal RPW 3
59 If
Waters of the U.S.
Wetland 2 - Adjacent
3.28 acres
LEGEND
Approximate Total
Approximate Total
Approximate Total
Approximate Total
Approximate Total
Approximate Total
Project Site (272
acres)
Photographs
Upland Data Points
Wetland Data Points
Waters of the U.S.
Seasonal RPW 2
365 If
Waters of the U.S.
Wetland 1 - Abutting
0.12 acre
SAW#: 2019-01988
Author: KTHAMES
Date: 3/18/2020
Data Source: HDR GIS Shapefiles
Basemap Source: NC OneMap Orthoimagery
Jurisdictional RPW Tributary: 13,248 linear feet
Jurisdictional Wetlands: 33.53 acres
Jurisdictional Open Water (Riverine): 3.5 acres (Catawba River)
Isolated (Non-404) Wetlands: 0.22 acres
Uplands: 229.5 acres
Site Acreage: 272 acres
Jurisdictional
Perennial RPW
Tributary
Jurisdictional
Seasonal RPW
Tributary
DELINEATOIN BOUNDARIES CREATED BY
GPS POINTS COLLECTED USING TRIMBLE
GEO7XR
Jurisdictional
Wetlands
Non-404 Isolated
Wetland
STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT
JURISDICTIONAL WATERS OF THE U.S.
FIGURE 6B
APPROVED JURISDICTIONAL DETERMINATION VERIFICATION
LEGEND
Project Site (272
acres)
Photographs
® Upland Data Points
® Wetland Data Points
DELINEATOIN BOUNDARIES CREATED BY
GPS POINTS COLLECTED USING TRIMBLE
GEO7XR
0
75
Feet
150 Ai
Jurisdictional
Perennial RPW
Tributary
Jurisdictional
Seasonal RPW
Tributary
Jurisdictional
Wetlands
Non-404 Isolated
Wetland
SAW#: 2019-01988
Author: KTHAMES
Date: 3/18/2020
Data Source: HDR GIS Shapefiles
Basemap Source: NC OneMap Orthoimagery
01 CHARLOTTE
W TES
Waters of the U.S.
Wetland 3 PFO - Abutting
6.80 acres
-�-lam-ems
Waters of the U.S.
Perennial RPW 1
10,605 If
Approximate Total Jurisdictional RPW Tributary: 13,248 linear feet
Approximate Total Jurisdictional Wetlands: 33.53 acres
Approximate Total Jurisdictional Open Water (Riverine): 3.5 acres (Catawba River)
Approximate Total Isolated (Non-404) Wetlands: 0.22 acres
Approximate Total Uplands: 229.5 acres
Approximate Total Site Acreage: 272 acres
Service Layer Credits: NC Center for Geographic
Information & Analysis
Waters of the U.S.
Seasonal RPW 6
295 If
Waters of the U.S.
Wetland 4 - Adjacent
0.11 acre
Waters of the U.S.
Wetland 6 - Adjacent
0.02 acre
Waters of the U.S.
Wetland 5 - Abutting
0.04 acre
Waters of the U.S.
Perennial RPW 1
10,605 If
STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT
JURISDICTIONAL WATERS OF THE U.S.
FIGURE 6C
PATH: IICLTSMAINIGIS_DATAIGISIPROJECTS1J018_CHARLOTTEWATER1101 J7229_LONGCREEKWWTP17.2_WIPIMAP_DOCSIMXDIAJDIAMENDMENT__202003106C_LONGCREEK_JD.MXD - USER: KTHAMES - DATE: 011812020
APPROVED JURISDICTIONAL DETERMINATION VERIFICATION
LEGEND
Project Site (272
acres)
Photographs
Upland Data Points
A Wetland Data Points
Jurisdictional
Perennial RPW
Tributary
Jurisdictional
Seasonal RPW
Tributary
Jurisdictional
Wetlands
Non-404 Isolated
Wetland
DELINEATOIN BOUNDARIES CREATED BY
GPS POINTS COLLECTED USING TRIMBLE
GEO7XR
J
FY CHARLOTTE
W TES
Approximate Total Jurisdictional RPW Tributary: 13,248 linear feet
Approximate Total Jurisdictional Wetlands: 33.53 acres
Approximate Total Jurisdictional Open Water (Riverine): 3.5 acres (Catawba River
Approximate Total Isolated (Non-404) Wetlands: 0.22 acres
Approximate Total Uplands: 229.5 acres
Approximate Total Site Acreage: 272 acres
SAW#: 2019-01988
Author: KTHAMES
Date: 3/18/2020
Data Source: HDR GIS Shapefiles
Basemap Source: NC OneMap Orthoimagery
Service Layer Credits: NC Center for Geographic
Information & Analysis
Sludge Pond -
Non -Jurisdictional
0.29 acre
Wetland 8 -
Non Jurisdictional/Isolated
0.04 acre
PATH: \\CLTSMAIN\GIS_DATA\GIS\ PROJECTS \J018_CHARLOTTEWATER\101 37229_LONGCREEKWWTP\7.2_WIP\MAP_DOCS\MXD1AJD1AMENDMENT_202003\06D_LONGCREEK_JD.MXD - USER: KTHAMES - DATE: 3/18/2020
Waters of the U.S.
Perennial RPW 1
10,605 If
Waters of the U.S.
Wetland 7 - Abutting
13.31 acres
STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT
JURISDICTIONAL WATERS OF THE U.S.
FIGURE 6D
APPROVED JURISDICTIONAL DETERMINATION VERIFICATION
Approximate Total
Approximate Total
Approximate Total
Approximate Total
Approximate Total
Approximate Total
Jurisdictional RPW Tributary: 13,248 linear feet
Jurisdictional Wetlands: 33.53 acres
Jurisdictional Open Water (Riverine): 3.5 acres (Catawba River)
Isolated (Non-404) Wetlands: 0.22 acres
Uplands: 229.5 acres
Site Acreage: 272 acres
SAW#: 2019-01988
Author: KTHAMES
Date: 3/18/2020
Data Source: HDR GIS Shapefiles
Basemap Source: NC OneMap Orthoimagery
01 CHARLOTTE
W TES
Waters of the U.S.
Wetland 16 PFO - Abutting
0.23 acre
Waters of the U.S.
Wetland 16 PEM -Abutting
0.07 acre
Waters of the U.S.
Perennial RPW 1
10,605 If
Service Layer Credits: NC Center for Geographic
Information & Analysis
PATH: 11CLTSMAINIGIS_DATAIGISIPROJECTS1J018_CHARLOTTEWATER1101 J7229_LONGCREEKWWTP17.2_WIP1MAP_DOCSIMXDIAJDIAMENDMENT_202000106E LONGCREEK JD.MXD - USER: KTHAMES - DATE: 011812020
Wetland 9 -
Non Jurisdictional/Isolated
0.18 acre
LEGEND
Project Site (272
acres)
Photographs
Upland Data Points
Wetland Data Points
Waters of the U.S.
Wetland 7 - Abutting
13.31 acres
Waters of the U.S.
Wetland 12 -Abutting
0.31 acre
Jurisdictional
Perennial RPW
Tributary
Jurisdictional
Seasonal RPW
Tributary
GPS POINTS WERE COLLECTED USING TRIMBLE
GEO7X AND POST -PROCESSED
Jurisdictional
Wetlands
Non-404 Isolated
Wetland
a -
Waters of the U.S.
Wetland 10 -Abutting
5.78 acres
Waters of the U.S.
Wetland 11 -Abutting
0.16 acre
STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT
JURISDICTIONAL WATERS OF THE U.S.
FIGURE 6E
APPROVED JURISDICTIONAL DETERMINATION VERIFICATION
LEGEND
Project Site (272
acres)
Photographs
® Upland Data Points
* Wetland Data Points
Jurisdictional
Perennial RPW
Tributary
Jurisdictional
Seasonal RPW
Tributary
Jurisdictional
Wetlands
Non-404 Isolated
Wetland
GPS POINTS WERE COLLECTED USING TRIMBLE
GEO7X AND POST -PROCESSED
SAW#: 2019-01988
Author: KTHAMES
Date: 3/18/2020
Data Source: HDR GIS Shapefiles
Basemap Source: NC OneMap Orthoimagery
Approximate Total
Approximate Total
Approximate Total
Approximate Total
Approximate Total
Approximate Total
Waters of the U.S.
Wetland 15 - Abutting
0.96 acre
Jurisdictional RPW Tributary: 13,248 linear feet
Jurisdictional Wetlands: 33.53 acres
Jurisdictional Open Water (Riverine): 3.5 acres (Catawba River)
Isolated (Non-404) Wetlands: 0.22 acres
Uplands: 229.5 acres
Site Acreage: 272 acres
01 CHARLOTTE
W TES
Waters of the U.S.
Wetland 14 - Abutting
0.83 acre
Service Layer Credits: NC Center for Geographic
Information & Analysis
PATH: 11CLTSMAINIGIS_DATAIGISIPROJECTS1J018_CHARLOTTEWATER1101J7229_LONGCREEKWWTP17.2_WIP1MAP_DOCSIMXDIAJDIAMENDMENT__20200J106F_LONGCREEK JD.MXD - USER: KTHAMES - DATE: 011812020
Waters of the U.S.
Perennial RPW 1
10,605 If
Waters of the U.S.
Wetland 13 - Abutting
1.45 acres
-OK
L
Waters of the U.S.
Wetland 11 -Abutting
0.16 acre
Waters of the U.S.
Wetland 12 - Abutting
0.31 acre
STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT
JURISDICTIONAL WATERS OF THE U.S.
FIGURE 6F
APPROVED JURISDICTIONAL DETERMINATION VERIFICATION
LEGEND
Project Site (272
acres)
Photographs
(#, Upland Data Points
Wetland Data Points
Jurisdictional
Perennial RPW
Tributary
Jurisdictional
Seasonal RPW
Tributary
Jurisdictional
Wetlands
Non-404 Isolated
Wetland
GPS POINTS WERE COLLECTED USING TRIMBLE
GEO7X AND POST -PROCESSED
FY CHARLOTTE
W TES
SAW#: 2019-01988
Author: KTHAMES
Date: 3/18/2020
Data Source: HDR GIS Shapefiles
Basemap Source: NC OneMap Orthoimagery
Note: Carolina Wetland Services reviewd the Mt. Holly
side (Gaston County) on November 7, 2019 and March
10, 2020. Other than the Catawba River separating
Gaston County and Mecklenbug Counties, no Waters
of the US were observed.
Waters of the U.S.
Wetland 17 PFO -Abutting
0.2 acre
(Figure 6e)
Approximate Total Jurisdictional RPW Tributary: 13,248 linear feet
Approximate Total Jurisdictional Wetlands: 33.53 acres
Approximate Total Jurisdictional Open Water (Riverine): 3.5 acres (Catawba River)
Approximate Total Isolated (Non-404) Wetlands: 0.22 acres
Approximate Total Uplands: 229.5 acres
Approximate Total Site Acreage: 272 acres
Service Layer Credits: NC Center for Geographic
Information & Analysis
PATH: \\CLTSMAIN\GIS_DATA\GIS\ PROJECTS \J018_CHARLOTTEWATER\101 37229_LONGCREEKWWTP\7.2_WIP\MAP_DOCS\MXD1AJD1AMENDMENT_202003\06H_LONGCREEK_JD.MXD - USER: KTHAMES - DATE: 3/18/2020
Waters of the U.S.
TNW
Catawba River
3.5 acres
Wetland 9 - Isolated
0.17 acre
(Figure 6e)
STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT
JURISDICTIONAL WATERS OF THE U.S.
FIGURE 6G
APPROVED JURISDICTIONAL DETERMINATION VERIFICATION
LEGEND
Project Site (272
acres)
Photographs
® Upland Data Points
® Wetland Data Points
Jurisdictional
Perennial RPW
Tributary
Jurisdictional
Seasonal RPW
Tributary
Jurisdictional
Wetlands
Non-404 Isolated
Wetland
GPS POINTS WERE COLLECTED USING TRIMBLE
GEO7X AND POST -PROCESSED
01 CHARLOTTE
W TES
SAW#: 2019-01988
Author: KTHAMES
Date: 3/18/2020
Data Source: HDR GIS Shapefiles
Basemap Source: NC OneMap Orthoimagery
Approximate Total
Approximate Total
Approximate Total
Approximate Total
Approximate Total
Approximate Total
Note: Carolina Wetland Services reviewd the Mt. Holly
side (Gaston County) on November 7, 2019 and March
10, 2020. Other than the Catawba River separating
Gaston County and Mecklenbug Counties, no Waters
of the US were observed.
Jurisdictional RPW Tributary: 13,248 linear feet
Jurisdictional Wetlands: 33.53 acres
Jurisdictional Open Water (Riverine): 3.5 acres (Catawba River)
Isolated (Non-404) Wetlands: 0.22 acres
Uplands: 229.5 acres
Site Acreage: 272 acres
Service Layer Credits: NC Center for Geographic
Information & Analysis
PATH: IICLTSMAINIGIS_DATAIGISIPROJECTS1J018_CHARLOTTEWATER1101 J7229_LONGCREEKWWTP17.2_WIPIMAP_DOCSIMXDIAJDIAMENDMENT__202003106H_LONGCREEK_JD.MXD - USER: KTHAMES - DATE: 011812020
STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT
JURISDICTIONAL WATERS OF THE U.S.
FIGURE 6H
APPROVED JURISDICTIONAL DETERMINATION VERIFICATION
Appendix E
Mitigation Transfer Forms
and Wetland Credit
Availability
Compensatory Mitigation Responsibility Transfer Form
Permittee: Charlotte Water, Carl Wilson Action ID: SAW-2019-01988
Project Name: Stowe Regional Water Resource Recovery Facility & Associated Infrastructure Projects
County: Mecklenburg
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one
8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03050101, Catawba River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.2
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements:
8-digit HUC and Basin: 03050101, Catawba River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.4
Mitigation Site Debited: Citv of Charlotte Umbrella Stream and Wetland Mitigation Bank
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name: City of Charlotte Umbrella Mitigation Bank
Name of Sponsor's Authorized Representative: Erin Shanaberger, Mitigation Bank Administrator
3iidtat5e 1 /21 /2021
Signature of Sponsor's Authorized Representative Date of Signature
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions: A letter from City of Charlotte Umbrella Stream and Wetland Mitigation Bank,
confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 2/18/2020 was
included with the preconstruction notification.
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls
of Neuse Road, Wake Forest, NC27587 (email: todd.tugwell@usace.army.mil). Questions regarding this form or any of the
permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager:
USACE Field Office:
Email:
David L. Shaeffer
Charlotte Regulatory Office
US Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
david.l.shaeffer@usace.army.mil
Digitally signed by
SHAEFFER.DAVID.LEIGH.1260750573
Date: 2020.05.28 07:10:29 -04'00'
5/28/2020
USACE Project Manager Signature Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil
City of Charlotte Umbrella Bank Project Ledger (1/21/2021)
Torrence Creek
Balances
7,437.00
2.18
4/24/2017
2017
Initial -Year 5 Releases
2009-00801
7488.00
2.58
10/28/2020
2021
McDowell Interceptor buffer
adjustment
(51.00)
0.00
11/19/20
2021
Charlotte
Water
SAW-2019-
01988
0.00
(0.40)
Stowe WRRF
Burdette, Benjamin
From:
Sent:
To:
Subject:
Attachments:
Follow Up Flag:
Flag Status:
Shanaberger, Erin <Erin.Shanaberger@charlottenc.gov>
Monday, November 1, 2021 10:07 AM
Burdette, Benjamin; Meador, Jacey
RE: [EXT]Mitigation Credit Availability Inquiry: SAW- 2019-01988
Mitigation Credit Request Form_v2.pdf
Follow up
Flagged
CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Looks like we can accommodate the change. Has this been run by the USACE PM yet? If so, can he issue an updated
MRTF for us to fill out and sign?
We can coordinate with Charlotte Water on the increased cost and payment once it has been approved. Our rates were
updated in September, so the additional 0.058 WMUs would come at an increased cost and the total owed would be
$6,310.75. I have attached an updated credit request form with a new link to the credit rates page (no need to fill out).
Let me know if you have any questions, otherwise I will just wait for the MRTF form before coordinating with CLTW.
Thanks!
Erin
From: Burdette, Benjamin <Benjamin.Burdette@hdrinc.com>
Sent: Friday, October 29, 2021 4:39 PM
To: Shanaberger, Erin <Erin.Shanaberger@charlottenc.gov>; Meador, Jacey <Jacey.Meador@charlottenc.gov>
Subject: [EXT]Mitigation Credit Availability Inquiry: SAW- 2019-01988
EXTERNAL EMAIL: This email originated from the Internet. Do not click any images, links or open any attachments unless you recognize and trust the sender and
know the content is safe. Please click the Phish Alert button to forward the email to Bad.Mail.
Good afternoon Erin,
I've taken the reins for the Stowe WWTP project from Kelly and it looks like we will be incurring more impacts than
previously expected. Due to a redesign there will be two additional impacts and the elimination of one of the previous
impacts.
They are no longer filling a 0.04 acre area of wetland, however they will be filling the same wetland in a different place
with 0.053 acres to build a retaining wall and building support. Further they will be incurring 0.016 acres of impact to
create an access path for a dock as well as maintain an easement for their HDD effluent lines.
This results in a net additional 0.029 acres of impact. We will be mitigating on a 2:1 basis and would like to see if the City
of Charlotte Umbrella Mitigation Bank is able to accommodate the extra 0.058 acre (or closest increment). This would
still be located in HUC: 03050101.
This is actually my first time going through this process so if I left something out or if there is further information I can
provide please let me know!
1
Benjamin Burdette
D 704.248.3619 M 704.307.9796
hdrinc.com/follow-us
From: Shanaberger, Erin <Erin.Shanaberger@ci.charlotte.nc.us>
Sent: Thursday, January 21, 2021 1:23 PM
To: Amschler, Crystal C SAW <Crystal.C.Amschler@usace.army.mil>; Roden Reynolds, Bryan K CIV (US)
(Bryan.K.RodenReynolds@usace.army.mil) <Bryan.K.RodenReynolds@usace.army.mil>
Cc: Thames, Kelly <Kellv.Thames@hdrinc.com>; Alan Johnson (alan.johnson@ncdenr.gov) <alan.johnson@ncdenr.gov>;
Wilson, Carl <Carl.Wilson@charlottenc.gov>
Subject: SAW- 2019-01988 Mitigation Responsibility Transfer Complete
CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Ms. Amschler and Mr. Roden -Reynolds,
This email confirms that Charlotte Water's payment for mitigation for the subject project (Stowe WRRF) has been
processed. I have attached the signed Mitigation Responsibility Transfer Form and an updated copy of the project
ledgers for the sites which were debited.
Please let me know if you have any questions.
Thank you,
Eriti Slia4A9eroer, MNS
Watershed Planning & Project Implementation Supervisor
City of Charlotte I Storm Water Services
(704) 562-2691 I erin.shanaberger@charlottenc.gov
STORM
WATER
s.fyie•s*kso
Appendix F
PJD Modification Request
Jurisdictional Determination Request
US Army Corps
of Enginocrs
Orsrncr
This form is intended for use by anyone requesting a jurisdictional determination (JD) from the
U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting
information, as described within each category, with your request. You may submit your request
via mail, electronic mail, or facsimile Requests should be sent to the appropriate project
manager of the county in which the property is located. A current list of project managers by
assigned counties can be found on-line at:
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/Contact/CountyLocator. aspx,
by calling 910-251-4633, or by contacting any of the field offices listed below. Once your
request is received you will be contacted by a Corps project manager.
ASHEVILLE & CHARLOTTE REGULATORY
FIELD OFFICES
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
General Number: (828) 271-7980
Fax Number: (828) 281-8120
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
General Number: (919) 554-4884
Fax Number: (919) 562-0421
WASHINGTON REGULATORY HELD OFFICE
US Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
General Number: (910) 251-4610
Fax Number: (252) 975-1399
WILMINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
General Number: 910-251-4633
Fax Number: (910) 251-4025
INSTRUCTIONS:
All requestors must complete Parts A, B, C, D, E, F and G.
NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part H.
NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that
all JD requests must include the current property owner authorization for the Corps to
proceed with the determination, which may include inspection of the property when
necessary. This form must be signed by the current property owner(s) or the owner(s)
authorized agent to be considered a complete request.
NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for
JD requests associated with North Carolina Depailnient of Transportation (NCDOT)
projects will be conducted according to the current NCDOT/USACE protocols.
NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD
may not be valid for the wetland conservation provisions of the Food Security Act of
1985. If you or your tenant are USDA Program participants, or anticipate participation in
USDA programs, you should also request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
Version: May 2017 Page 1
Jurisdictional Determination Request
A. PARCEL INFORMATION
Street Address:
City, State:
County:
Parcel Index Number(s) (PIN): multiple - see attached
B. REQUESTOR INFORMATION
Name: Ben Burdette
Mailing Address: 440 S. Church St., Suite 1000
Telephone Number:
Electronic Mail Address:
Select one:
Charlotte, NC 28202
704-248-3619
benjamin.burdette@hdrinc.com
I am the current property owner.
I am an Authorized Agent or Environmental Consultant'
Interested Buyer or Under Contract to Purchase
Other, please explain.
C. PROPERTY OWNER INFORMATION2
Name: multple - see attached
Mailing Address:
Telephone Number:
Electronic Mail Address:
1 Must provide completed Agent Authorization Form/Letter.
2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record).
Version: May 2017 Page 2
Jurisdictional Determination Request
D. PROPERTY ACCESS CERTIFICATION3,4
By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duly authorized agent of the owner of record of the property.
multiple - see attached
Print Name
Capacity: ❑ Owner ❑ Authorized Agents
Date
Signature
E. REASON FOR JD REQUEST: (Check as many as applicable)
I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all aquatic resources.
❑ I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources under Corps authority.
❑✓ I intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps, and the JD would be used to avoid and minimize
impacts to jurisdictional aquatic resources and as an initial step in a future permitting
process.
I intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
❑ I intend to construct/develop a project or perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
❑ A Corps JD is required in order obtain my local/state authorization.
❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
❑ I believe that the site may be comprised entirely of dry land.
❑ Other:
3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
4 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
5 Must provide agent authorization form/letter signed by owner(s).
Version: May 2017 Page 3
Jurisdictional Determination Request
F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One)
I am requesting that the Corps provide a preliminary JD for the property identified herein.
A Preliminary Jurisdictional Determination (PJD) provides an indication that there may
be "waters of the United States" or "navigable waters of the United States"on a property.
PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all
waters and wetlands on the property will be treated as if they are jurisdictional "waters of
the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is
"preliminary" in the sense that an approved JD can be requested at any time. PJDs do
not expire.
I am requesting that the Corps provide an approved JD for the property identified herein.
An Approved Jurisdictional Determination (AJD) is a determination that
jurisdictional "waters of the United States" or "navigable waters of the United
States" are either present or absent on a site. An approved JD identifies the limits of
waters on a site determined to be jurisdictional under the Clean Water Act and/or
Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit
decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be
posted on the Corps website. A landowner, permit applicant, or other "affected
party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years
(subject to certain limited exceptions explained in Regulatory Guidance Letter 05-
02).
I am unclear as to which JD I would like to request and require additional information
to inform my decision.
G. ALL REQUESTS
❑ Map of Property or Project Area. This Map must clearly depict the boundaries of the
review area.
Size of Property or Review Area 95 acres.
❑✓ The property boundary (or review area boundary) is clearly physically marked on the site.
Version: May 2017 Page 4
Jurisdictional Determination Request
H. REQUESTS FROM CONSULTANTS
❑✓
Project Coordinates (Decimal Degrees): Latitude: 35.281883
Longitude: -81.002348
A legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than 11x17 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved).6
• North Arrow
• Graphical Scale
• Boundary of Review Area
• Date
• Location of data points for each Wetland Determination Data Form or tributary
assessment reach.
For Approved Jurisdictional Determinations:
• Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404
wetlands, etc. Please include the acreage of these features.
• Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries,
impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary,
open water, relatively permanent water, pond, etc. Please include the acreage or linear
length of each of these features as appropriate.
• Isolated waters, waters that lack a significant nexus to navigable waters, or non -
jurisdictional upland features should be identified as Non -Jurisdictional. Please
include a justification in the label regarding why the feature is non jurisdictional (i.e.
"Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage
or linear length of these features as appropriate.
For Preliminary Jurisdictional Determinations:
• Wetland and non -wetland features should not be identified as Jurisdictional, 404,
Waters of the United States, or anything that implies jurisdiction. These features can be
identified as Potential Waters of the United States, Potential Non -wetland Waters of
the United States, wetland, stream, open water, etc. Please include the acreage and
linear length of these features as appropriate.
nCompleted Wetland Determination Data Forms for appropriate region
(at least one wetland and one upland form needs to be completed for each wetland type)
6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the
supplied map meets the necessary mapping standards. http://www.saw.usace.army.mil/Missions/Regulatory-Permit-
Pro gram/Jurisdiction/
Version: May 2017 Page 5
Jurisdictional Determination Request
❑ Completed appropriate Jurisdictional Determination form
• PJDs, please complete a Preliminary Jurisdictional Determination Form and include the
Aquatic Resource Table
• AJDs, please complete an Approved Jurisdictional Determination Form8
Vicinity Map
Aerial Photograph
USGS Topographic Map
Soil Survey Map
Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
Landscape Photos (if taken)
NCSAM and/or NCWAM Assessment Forms and Rating Sheets
NC Division of Water Resources Stream Identification Forms
Other Assessment Forms
www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/JD/RGL 08-02 App A Prelim JD Form fillable.pdf
8 Please see http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Jurisdiction/
Principal Purpose: The information that you provide will be used in evaluating your request to determine
whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory
authorities referenced above.
Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local
government agencies, and the public, and may be made available as part of a public notice as required by federal
law. Your name and property location where federal jurisdiction is to be determined will be included in the
approved jurisdictional determination (AJD), which will be made available to the public on the District's website
and on the Headquarters USAGE website.
Disclosure: Submission of requested information is voluntary; however, if information is not provided, the
request for an AJD cannot be evaluated nor can an AJD be issued.
Version: May 2017 Page 6
Jurisdictional Determination Request
A. PARCEL INFORMATION
Street Address: 11823 MOUNT HOLLY RD
City, State: Charlotte, NC
County: Mecklenburg
Parcel Index Number(s) (PIN): 05305102 and 05306101
B. REQUESTOR INFORMATION
Name: Ben Burdette
Mailing Address: 440 S. Church St., Suite 1000
Telephone Number:
Electronic Mail Address:
Select one:
RI
El
o
Charlotte, NC 28202
(704) 248-3619
Benjamin.Burdette@hdrinc.com
I am the current property owner.
I am an Authorized Agent or Environmental Consultant'
Interested Buyer or Under Contract to Purchase
Other, please explain.
C. PROPERTY OWNER INFORMATION2
Name: Clariant Corporation
Mailing Address: 4000 Monroe Road
Telephone Number:
Electronic Mail Address:
Charlotte, NC 28205
704-331-7104
mike.teague@clariant.com
Must provide completed Agent Authorization Form/Letter.
2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record).
Version: May 2017 Page 2
jurisdictional Determination Request
D. PROPERTY ACCESS CERTIFICATION34
By signing below, 1 authorize representatives of the Wilmington District, U.S. Army Corps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duly authorized agent of the owner of record of the property.
Print Nance
Capacity: Owner El Authorized Agent'
5C 2o, 2o/9
Date
Signature
A
E. REASON FOR JD REQUEST: (Check as many as applicable)
I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all aquatic resources.
n I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources under Corps authority.
n I intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps, and the JD would be used to avoid and minimize
impacts to jurisdictional aquatic resources and as an initial step in a future permitting
process.
1 intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
flI intend to construct/develop a project or perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
ElA Corps JD is required in order obtain my local/state authorization.
I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
0 I believe that the site may be comprised entirely of dry land.
❑ Other:
3 For NCDOT requests following the current NCDOT/USAGE protocols, skip to Part E.
If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
5 Must provide agent authorization form/letter signed by owner(s).
Version: May 2017 Page 3
t
m
S)
jurisdictional Determination Request
D. PROPERTY ACCESS CERTIFICATION3'4
By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duly authorized agent of the owner of record of the property.
Sean Bloom
Print Name
Capacity: ❑✓ Owner Authorized Agents
09-23-2019
Date
Signature
E. REASON FOR JD REQUEST: (Check as many as applicable)
EI intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all aquatic resources.
O I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources under Corps authority.
0 I intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps, and the JD would be used to avoid and minimize
impacts to jurisdictional aquatic resources and as an initial step in a future permitting
process.
I intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
O I intend to construct/develop a project or perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
EA Corps JD is required in order obtain my local/state authorization.
I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
O I believe that the site may be comprised entirely of dry land.
O Other:
3 For NCDOT requests following the current NCDOTVSACE protocols, skip to Part E.
If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
5 Must provide agent authorization form/letter signed by owner(s).
Version: May 2017 Page 3
u
r-
jurisdictional Determination Request
A. PARCEL INFORMATION
Belemeade Dr. and Mount Holly Rd.
Street Address:
City, State:
County:
Charlotte, NC
Mecklenburg
Parcel Index Number(s) (PIN): 05305103, 05305104, 05306117u
B. REQUESTOR INFORMATION
Name: Ben Burdette
Mailing Address:
Telephone Number:
Electronic Mail Address:
Select one:
I am the current property owner.
I am an Authorized Agent or Environmental Consultant'
Interested Buyer or Under Contract to Purchase
440 S. Church St., Suite 1000
Charlotte, NC 28202
(704) 248-3619
Benjamin.Burdette@hdrinc.com
LiOther, please explain.
C. PROPERTY OWNER INFORIVATION2
Name: F_-- r- -) �'; �.��I
f
ISr.fl
Mailing Address:
Telephone Number:
Electronic Mail Address:
C'/�yyy
5! 4 f?r'rtr/= ./,/
33615!3
Must provide completed Agent Authorization Form/Letter.
2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record).
Version: May 2017 Page 2
jurisdictional Determination Request
D. PROPERTY ACCESS CERTIFICATION3'4
By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigne , am either a duly authorized owner of record of the property identified herein, or
acting as ' e did -authorized agent of the owner of record of the\property.
�7k C F if .04
Print me.
Capacity: Owner n Authorized Agents
Date
Signature
E. RR ' SON FOR JD REQUEST: (Check as many as applicable)
nI intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all aquatic resources.
n I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources under Corps authority.
n I intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps,and the JD would be used to avoid and minimize
impactsto jurisdictional aquatic resources and as an initial step in a future permitting
process.
I intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
nI intend to construct/develop a project or perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
RA Corps JD is required in order obtain my local/state authorization.
I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
I believe that the site may be comprised entirely of dry land.
Other:
3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
5 Must provide agent authorization form/letter signed by owner(s).
Version: May 2017 Page 3
Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD:
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Benjamin Burdette, 440 S Church St. Suite 1000, Charlotte, NC 28202
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC
County/parish/borough: Gaston/Mecklenburg City: Mt. Holly/Charlotte
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.283099 Long.: -81.008359
Universal Transverse Mercator: NAD83
Name of nearest waterbody: Catawba River
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Geographic authority
to which the aquatic
resource "may be"
subject (i.e., Section
404 or Section 10/404)
S8
35.283537
-81.011336
620
If
non -wetland water
Section 404
S9
35.283128
-81.009532
236
If
non -wetland water
Section 404
S 1
0
35.283748
-80.996699
752
If
non -wetland water
Section 404
W17
35.283194
-81.009784
0,15
ac
wetland
Section 404
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in
the review area, and the requestor of this PJD is hereby advised of his or her option
to request and obtain an approved JD (AJD) for that review area based on an
informed decision after having discussed the various types of JDs and their
characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a
Nationwide General Permit (NWP) or other general permit verification requiring "pre -
construction notification" (PCN), or requests verification for a non -reporting NWP or
other general permit, and the permit applicant has not requested an AJD for the
activity, the permit applicant is hereby made aware that: (1) the permit applicant has
elected to seek a permit authorization based on a PJD, which does not make an
official determination of jurisdictional aquatic resources; (2) the applicant has the
option to request an AJD before accepting the terms and conditions of the permit
authorization, and that basing a permit authorization on an AJD could possibly result
in less compensatory mitigation being required or different special conditions; (3) the
applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can
accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has
determined to be necessary; (5) undertaking any activity in reliance upon the subject
permit authorization without requesting an AJD constitutes the applicant's acceptance
of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps permit
authorization based on a PJD constitutes agreement that all aquatic resources in the
review area affected in any way by that activity will be treated as jurisdictional, and
waives any challenge to such jurisdiction in any administrative or judicial compliance
or enforcement action, or in any administrative appeal or in any Federal court; and (7)
whether the applicant elects to use either an AJD or a PJD, the JD will be processed
as soon as practicable. Further, an AJD, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively
appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official
delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds
that there "may be"waters of the U.S. and/or that there "may be" navigable waters of
the U.S. on the subject review area, and identifies all aquatic features in the review
area that could be affected by the proposed activity, based on the following
information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
■❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:
❑ Data sheets prepared/submitted by or on behalf of the PJD requestor.
['Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
■❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
O USGS 8 and 12 digit HUC maps.
1:24k Mount Holly, NC and Mountain Island Lake, NC
■❑ U.S. Geological Survey map(s). Cite scale & quad name:
■❑ Natural Resources Conservation Service Soil Survey. Citation: Gaston County and Mecklenburg County
• National wetlands inventory map(s). Cite name: HUC 03050101
❑ State/local wetland inventory map(s):
• FEMA/FIRM maps: 3710359600L, 3710450600L
❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
■❑ Photographs: ❑ Aerial (Name & Date):
or ['Other (Name & Date): Site photographs (B Burdette/Sept, 2021)
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later jurisdictional
determinations.
Signature and date of
Regulatory staff member
completing PJD
Signatuand date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)1
1 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.
LEGEND
0
Project Site
Additional Area
0.5 1
V•
Green
Meadows
iotCouree
"fur
PATH: \\CLTSMAIN\GIS DAT
Miles
6
1
SIM�pOS C,`�s
• c10
4.6
(e1 T
Ave
Fltoa
reek
existing Mt. Holly
Water Reclamation
Facility
V • 41rnd
Belmont
Abbey
CaMge
Belmont
Days, 41 St
Pars.
r II,.
Gaston & Mecklenburg Counties,
North Carolina
US Na
Whtrreeder
Ctr
-I
Service Layer Credits: Sources: Esri, HERE,
CHARLOTTE Garmin, Intermap, increment P Corp., GEBCO,
I) EKadaster NL, sri Ordnance Ch na0(Hong Kong(,SMETI,
(c) OpenStreetMap
contributors, and the GIS User Community
• I f I
Pine Isbind
Country Club
•C I
existing Long Creek
Pumping Station
Rubett L Smith
Regional Park
SAW#: 2019-01988
Author: BEBURDET
Date: 11/9/2021
Basemap Source: ESRI World Topographic Map
Paw
0.0
r
STOWE RWRRF & ASSOCIATED
INFRASTRUCTURE PROJECTS
PROJECT VICINITY
FIGURE 1
LEGEND
0
Project Site
Additional Area
USGS Quadrangles
1,000 2,000 A.
, Feet "--;
NI 0 1.: NT ,if 0 t L. Y. 1
[(4 3
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Service Layer Credits: Copyright:©
2013 National Geographic Society, 1-
cubed
MOUNTAIN ISLAND LAKE
SAW#: 2019-01988
Author: BEBURDET
Date: 11/9/2021
Data Source: USGS 1:24,000-scale Quadrangles
Mount Holly, NC and Mountain Island Lake, NC
Basemap Source: ESRI USA Topo Map
(6,A
STOWE RWRRF & ASSOCIATED
INFRASTRUCTURE PROJECTS
USGS TOPOGRAPHIC QUADRANGLES
FIGURE 2
APPROVED JURISDICTIONAL DETERMINATION VERIFICATION
LEGEND
0
Project Site
Additional Area
Gaston County Parcels
Mecklenburg County
Parcels
750
Feet
1,500 zk
Map ID
Number
Parce ID
Number
5305102
5305103
5305104
5306101
5306119
5306117
124524
217834
124527
124512
CNARLOTTI
WL,TEI
E4 narlOtteem
113
Service Layer Credits: © 2021
Microsoft Corporation © 2021
Maxar ©CNES (2021)
Distribution Airbus DS © 2021
TomTom
SAW#: 2019-01988
Author: BEBURDET
Date: 11/9/2021
Data Source: Gaston County GIS and
Mecklenburg County GIS Tax Parcel Layers
Basemap Source: Bing Maps Hybrid
STOWE RWRRF & ASSOCIATED
INFRASTRUCTURE PROJECTS
AERIAL IMAGERY AND MECKLENBURG COUNTY PARCELS
FIGURE 3
APPROVED JURISDICTIONAL DETERMINATION VERIFICATION
x
LEGEND
Project Site
Additional Area
Soil Map Units
Hydric Rating
1 - 32%
0 600 1,200 A
Feet
Symbol Man Lh8 Narre
CeB2 —
CeD2 -
CfB -
DaB —
DaD —
DAM —
EnB —
EnD -
HeB
On -Site Soils
Cecil sandy clay loam 2 to 8 percent slopes, moderately eroded
Cecil sandy clay loam 8 to 15 percent slopes, moderately eroded
Cecil -Urban land complex, 2 to 18 percent slopes
Davidson sandy clay loam 2 to 8 percent slopes
Davidson sandy clay loam 8 to 15 percent slopes
Dam
Enon sandy loam 2 to 8 percent slopes
Enon sandy loam 8 to 15 percent slopes
Helena sandy loam, 2 to 8 percent slopes
LdB2 — Lloyd sandy clay loam 2 to 8 percent slopes, rroderately eroded
MeB — Mecklenburg fine sandy loam 2 to 8 percent slopes
MO — Monacan loam 0 to 2 percent slopes, frequently flooded
PaE — Pacolet sandy loam 15 to 25 percent slopes
PaF — Pacolet sandy loam 25 to 45 percent slopes
UL — Udorthents, loamy
Ur — Urban land
W — Water
WkB — Wilkes loam 4 to 8 percent slopes
WkD — Wilkes loam 8 to 15 percent slopes
WkE — Wilkes loam 15 to 25 percent slopes
CHARLOTTE
W6TER
Service Layer
Credits: © 2021
Microsoft
Corporation © 2021
Maxar ©CNES
.t_
SAW#: 2019-01988
Author: BEBURDET
Date: 11/9/2021
Data Source: NRCS Websoil Survey..
Basemap Source: Bing Maps Hybrid
�rrro
STOWE RWRRF & ASSOCIATED
INFRASTRUCTURE PROJECTS
NRCS SOILS SURVEY
FIGURE 4
APPROVED JURISDICTIONAL DETERMINATION VERIFICATION
LEGEND
Project Site
Additional Area
USGS National
Hydrography Dataset
USFWS National
Wetland Inventory
FEMA FIRM Panels
Floodway
100 Year Floodplain
0 600 1,200 0
Feet
SAW#: 2019-01988
Author: BEBURDET
Date: 11/9/2021
Data Source: National Wetland Inventory
(http://www.fws.gov.wetlands [2017]); USGS
National Hydrography Dataset
(http://www.nhd.usgs.gov/ [2017]); FEMA Map
Service Center, National Flood Hazard
Layer (https://msc.fema.gov/portal [2017]);
Basemap Source: Bing Maps Hybrid
CHARLOTTIC
W TEE
Service Layer Credits: © 2021
Microsoft Corporation © 2021
Maxar ©CNES (2021)
Distribution Airbus DS © 2021
TomTom
STOWE RWRRF & ASSOCIATED
INFRASTRUCTURE PROJECTS
NHD, NWI, AND FEMA FLOODPLAINS
FIGURE 5
APPROVED JURISDICTIONAL DETERMINATION VERIFICATION
Potential Tributary
Perennial
Stream 9
236 If
Potential Tributary
Intermittent
Stream 8
620 If
CHARLOTTE
W6TER
Potential Wetland - PFO
Wetland 17
0.15 ac
Service Layer Credits: NC Center for Geographic
Information & Analysis
PATH: IICLTSMAINIGIS_DATAIGISIPROJECTS13016_CHARLOTTEWATER116137229_LONGCREEKWWTP17.2_WIPIMAP_DGCSIMXDINWPIUPDATE_26211PJD106A_LONGCREEK JD.MXD - USER: BEBURDET - DATE: 119/2021
LEGEND
L
Potential Tributary
Intermittent
Stream 10
752 If
Jitw
1k.
SAW#: 2019-01988
Author: BEBURDET
Date: 11/9/2021
Data Source: HDR GIS Shapefiles
Basemap Source: NC OneMap Orthoimagery
Additional Area
Project Site
Potentially
Jurisdictional Stream
Potentially
Jurisdictional
Wetlands
375 750
DELINEATION BOUNDARIES CREATED BY
GPS POINTS COLLECTED USING TRIMBLE
GEO7XR
Jurisdictional
Perennial RPW
Tributary
Jurisdictional
Seasonal RPW
Tributary
Jurisdictional
Wetlands
Non-404 Isolated
Wetland
O Upland Data Points
O Wetland Data Points
Photographs
STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT
POTENTIALLY JURISDICTIONAL WATERS OF THE U.S.
FIGURE 6
APPROVED JURISDICTIONAL DETERMINATION VERIFICATION
Photograph 1 — Stream 8 looking downstream (September, 2021)
Photograph 2 — Wetland 17, facing east (September, 2021)
Photograph 3 — Stream 9, looking downstream (September, 2021)
Photograph 4 — Stream 10, looking upstream (September, 2021)
U.S. Army Corps of Engineers
WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R
OMB Control #: 0710-xxxx, Exp: Pending
Requirement Control Symbol EXEMPT:
(Authority: AR 335-15, paragraph 5-2a)
Project/Site: Stowe - Mt. Holly
Applicant/Owner: Charlotte Water
City/County: Gaston County Sampling Date: 9/3/2021
Investigator(s): Benjamin Burdette, WPIT QHP/Blake Hartshorn, WPIT Section, Township, Range:
Landform (hillside, terrace, etc.): Floodplain
Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.283198
Soil Map Unit Name: ChA
State: NC Sampling Point: DP1-Wet
Local relief (concave, convex, none): concave Slope (%): 2
Long: -81.009860 Datum: NAD83
Are climatic / hydrologic conditions on the site typical for this time of year?
NWI classification: PFO
Yes X No (If no, explain in Remarks.)
Are Vegetation , Soil , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No
Are Vegetation , Soil , 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?
Hydric Soil Present?
Wetland Hydrology Present?
Yes X No
Yes X No
Yes X No
Is the Sampled Area
within a Wetland? Yes X No
Remarks:
Located in a floodplain and is indicative of Wetland 17
HYDROLOGY
Wetland Hydrology Indicators:
Primary Indicators (minimum of one is required; check all that apply)
Secondary Indicators (minimum of two required)
Surface Soil Cracks (B6)
Surface (B8)
(C2)
Imagery (C9)
(D1)
(D4)
_
Surface Water (A1) True Aquatic Plants (B14) Sparsely Vegetated Concave
_ _ _
X High Water Table (A2) Hydrogen Sulfide Odor (C1) X Drainage Patterns (B10)
_
X Saturation (A3) Oxidized Rhizospheres on Living Roots (C3) Moss Trim Lines (B16)
_ _
X Water Marks (B1) Presence of Reduced Iron (C4) Dry -Season Water Table
_ _
X Sediment Deposits (B2) Iron Reduction in Tilled Soils (C6) Burrows (C8)
_Recent _Crayfish
X Drift Deposits (B3) Muck Surface (C7) Visible on Aerial
_Thin _Saturation
Mat or Crust (B4) (Explain in Remarks) or Stressed Plants
_Algal _Other _Stunted
Iron Deposits (B5) X Geomorphic Position (D2)
_
Inundation Visible on Aerial Imagery (B7) Shallow Aquitard (D3)
_ _
Water -Stained Leaves (B9) Microtopographic Relief
_ _
Aquatic Fauna (B13) X FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No X Depth (inches):
Wetland Hydrology Present?
Yes
X
No
Water Table Present? Yes X No Depth (inches): 6
Saturation Present? Yes X No Depth (inches): 1
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
Primary and secondary wetland hydrology indicators present.
ENG FORM 6116-4-SG, JUL 2018
Eastern Mountains and Piedmont — Version 2.0
VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point:
DP1
Absolute Dominant Indicator
Tree Stratum (Plot size: 30 ) % Cover Species? Status
1. betula nigra 10 Yes FACW
2. Acer rubrum 10 Yes FAC
3. Liquidambar styraciflua 10 Yes FAC
4.
5.
6.
7.
30 =Total Cover
50% of total cover: 15 20% of total cover: 6
Sapling/Shrub Stratum (Plot size: 15 )
1. Liquidambar styraciflua
2. Acer rubrum
3.
4.
5.
6.
7.
8.
9.
5
5
Yes FAC
Yes FAC
10 =Total Cover
50% of total cover: 5 20% of total cover: 2
Herb Stratum (Plot size: 5 )
1. Toxicodendron radicans 2 No FAC
2. Woodwardia areolata 2 No FACW
3.
4.
5.
6.
7.
8.
9.
10.
11.
4 =Total Cover
50% of total cover: 2 20% of total cover: 1
Woody Vine Stratum (Plot size:
1.
2.
3.
4.
5.
=Total Cover
50% of total cover: 20% of total cover:
Dominance Test worksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC: 5 (A)
Total Number of Dominant
Species Across All Strata: 5 (B)
Percent of Dominant Species
That Are OBL, FACW, or FAC: 100.0% (A/B)
Prevalence Index worksheet:
Total % Cover of: Multiply by:
OBL species x 1 =
FACW species x 2 =
FAC species x 3 =
FACU species x 4 =
UPL species x 5 =
Column Totals: (A)
Prevalence Index = B/A =
(B)
Hydrophytic Vegetation Indicators:
1 - Rapid Test for Hydrophytic Vegetation
X 2 - Dominance Test is >50%
3 - Prevalence Index is <_3.01
4 - Morphological Adaptations (Provide supporting
data in Remarks or on a separate sheet)
Problematic Hydrophytic Vegetation (Explain)
Indicators of hydric soil and wetland hydrology must be
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
more in diameter at breast height (DBH), regardless of
height.
Sapling/Shrub - Woody plants, excluding vines, less
than 3 in. DBH and greater than or equal to 3.28 ft
(1 m) tall.
Herb - All herbaceous (non -woody) plants, regardless
of size, and woody plants less than 3.28 ft tall.
Woody Vine - All woody vines greater than 3.28 ft in
height.
Hydrophytic
Vegetation
Present? Yes X No
Remarks: (Include photo numbers here or on a separate sheet.)
Hydrophytic vegetation dominant
ENG FORM 6116-4-SG, JUL 2018
Eastern Mountains and Piedmont - Version 2.0
SOIL
Sampling Point: DP1
Depth
(inches)
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Matrix Redox Features
Color (moist) % Color (moist) % Typal Loc2 Texture
0-6 10YR 5/1 100
6-20 10YR 5/2 100
1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
Loamy/Clayey
Loamy/Clayey
Remarks
2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators:
Histosol (A1)
_ Histic Epipedon (A2)
Black Histic (A3)
_ Hydrogen Sulfide (A4)
_ Stratified Layers (A5)
2 cm Muck (A10) (LRR N)
_ Depleted Below Dark Surface (A11)
Thick Dark Surface (Al2)
Sandy Mucky Mineral (S1)
_ Sandy Gleyed Matrix (S4)
Sandy Redox (S5)
_ Stripped Matrix (S6)
Dark Surface (S7)
_ Polyvalue Below Surface (S8) (MLRA 147, 148)
_Thin Dark Surface (S9) (MLRA 147, 148)
Loamy Mucky Mineral (F1) (MLRA 136)
_ Loamy Gleyed Matrix (F2)
X Depleted Matrix (F3)
_ Redox Dark Surface (F6)
_ Depleted Dark Surface (F7)
_ Redox Depressions (F8)
_ Iron -Manganese Masses (F12) (LRR N,
MLRA 136)
Umbric Surface (F13) (MLRA 122, 136)
Piedmont Floodplain Soils (F19) (MLRA 148)
Red Parent Material (F21) (MLRA 127, 147, 148)
Indicators for Problematic Hydric Soils3:
2 cm Muck (A10) (MLRA 147)
_ Coast Prairie Redox (A16)
(MLRA 147, 148)
Piedmont Floodplain Soils (F19)
(MLRA 136, 147)
_ Red Parent Material (F21)
(outside MLRA 127, 147, 148)
Very Shallow Dark Surface (F22)
Other (Explain in Remarks)
3lndicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches):
Hydric Soil Present?
Yes X No
Remarks:
Hydric soil present.
ENG FORM 6116-4-SG, JUL 2018
Eastern Mountains and Piedmont — Version 2.0
U.S. Army Corps of Engineers
WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R
OMB Control #: 0710-xxxx, Exp: Pending
Requirement Control Symbol EXEMPT:
(Authority: AR 335-15, paragraph 5-2a)
Project/Site: Stowe - Mt Holly
Applicant/Owner: Charlotte Water
City/County: Gaston County Sampling Date: 9/3/2021
Investigator(s): Benjamin Burdette, WPIT QHP/Blake Hartshorn, WPIT Section, Township, Range:
Landform (hillside, terrace, etc.): Hillside
Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.283154
Soil Map Unit Name: ChA
State: NC Sampling Point: DP2-Up
Local relief (concave, convex, none): convex Slope (%): 5
Long: -81.009998 Datum: NAD83
Are climatic / hydrologic conditions on the site typical for this time of year?
NWI classification: Upland
Yes X No (If no, explain in Remarks.)
Are Vegetation , Soil , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No
Are Vegetation , Soil , 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 X No
Hydric Soil Present? Yes No X
Wetland Hydrology Present? Yes No X
Is the Sampled Area
within a Wetland?
Yes No X
Remarks:
Datapoint representative of upland berm adjacent to Wetland 17
HYDROLOGY
Wetland Hydrology Indicators:
Primary Indicators (minimum of one is required; check all that apply)
Secondary Indicators (minimum of two required)
Surface Soil Cracks (B6)
Surface (B8)
(C2)
Imagery (C9)
(D1)
(D4)
_
Surface Water (A1) True Aquatic Plants (B14) Sparsely Vegetated Concave
_ _ _
High Water Table (A2) Hydrogen Sulfide Odor (C1) Drainage Patterns (B10)
_ _ _
Saturation (A3) Oxidized Rhizospheres on Living Roots (C3) Moss Trim Lines (B16)
_ _ _
Water Marks (B1) Presence of Reduced Iron (C4) Dry -Season Water Table
_ _ _
Sediment Deposits (B2) Recent Iron Reduction in Tilled Soils (C6) Crayfish Burrows (C8)
_ _ _
Drift Deposits (B3) Thin Muck Surface (C7) Saturation Visible on Aerial
_ _ _
Mat or Crust (B4) (Explain in Remarks) or Stressed Plants
_Algal _Other _Stunted
Iron Deposits (B5) Geomorphic Position (D2)
_ _
Inundation Visible on Aerial Imagery (B7) Shallow Aquitard (D3)
_ _
Water -Stained Leaves (B9) Microtopographic Relief
_ _
Aquatic Fauna (B13) FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No Depth (inches):
Wetland Hydrology Present?
Yes
No
X
Water Table Present? Yes No Depth (inches):
Saturation Present? Yes No Depth (inches):
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
Hydrology is absent.
ENG FORM 6116-4-SG, JUL 2018
Eastern Mountains and Piedmont — Version 2.0
VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point:
DP2-Up
Tree Stratum (Plot size: 30 )
1. Acer rubrum
2. Liquidambar styraciflua
3. Fagus grandifolia
4.
5.
6.
7.
Absolute Dominant Indicator
% Cover Species? Status
15 Yes FAC
10 Yes FAC
5 No FACU
30 =Total Cover
50% of total cover: 15 20% of total cover: 6
Sapling/Shrub Stratum (Plot size: 15 )
1. Liquidambar styraciflua
2.
3.
4.
5.
6.
7.
8.
9.
50% of total cover:
Herb Stratum (Plot size: 5 )
1. Toxicodendron radicans
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
5
Yes
5 =Total Cover
FAC
3 20% of total cover: 1
15
Yes
15 =Total Cover
FAC
50% of total cover: 8 20% of total cover: 3
Woody Vine Stratum (Plot size:
1.
2.
3.
4.
5.
50% of total cover:
=Total Cover
20% of total cover:
Dominance Test worksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC: 4 (A)
Total Number of Dominant
Species Across All Strata: 4 (B)
Percent of Dominant Species
That Are OBL, FACW, or FAC: 100.0% (A/B)
Prevalence Index worksheet:
Total % Cover of: Multiply by:
OBL species
FACW species
FAC species
FACU species
UPL species
Column Totals:
Prevalence Index
x 1 =
x 2 =
x 3 =
x 4 =
x 5 =
(A)
= B/A =
(B)
Hydrophytic Vegetation Indicators:
1 - Rapid Test for Hydrophytic Vegetation
X 2 - Dominance Test is >50%
3 - Prevalence Index is <_3.01
4 - Morphological Adaptations (Provide supporting
data in Remarks or on a separate sheet)
Problematic Hydrophytic Vegetation (Explain)
Indicators of hydric soil and wetland hydrology must be
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
more in diameter at breast height (DBH), regardless of
height.
Sapling/Shrub - Woody plants, excluding vines, less
than 3 in. DBH and greater than or equal to 3.28 ft
(1 m) tall.
Herb - All herbaceous (non -woody) plants, regardless
of size, and woody plants less than 3.28 ft tall.
Woody Vine - All woody vines greater than 3.28 ft in
height.
Hydrophytic
Vegetation
Present? Yes X No
Remarks: (Include photo numbers here or on a separate sheet.)
Hydrophytic vegetation is dominant.
ENG FORM 6116-4-SG, JUL 2018
Eastern Mountains and Piedmont - Version 2.0
SOIL
Sampling Point: DP2-Up
Depth
(inches)
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Matrix Redox Features
Color (moist) % Color (moist) % Typal Loc2 Texture
0-20 10YR 5/4 100
1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
Loamy/Clayey
Remarks
2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators:
Histosol (A1)
_ Histic Epipedon (A2)
Black Histic (A3)
_ Hydrogen Sulfide (A4)
_ Stratified Layers (A5)
2 cm Muck (A10) (LRR N)
_ Depleted Below Dark Surface (A11)
Thick Dark Surface (Al2)
_ Sandy Mucky Mineral (S1)
_ Sandy Gleyed Matrix (S4)
_ Sandy Redox (S5)
_ Stripped Matrix (S6)
Dark Surface (S7)
_ Polyvalue Below Surface (S8) (MLRA 147, 148)
_Thin Dark Surface (S9) (MLRA 147, 148)
Loamy Mucky Mineral (F1) (MLRA 136)
_ Loamy Gleyed Matrix (F2)
_ Depleted Matrix (F3)
_ Redox Dark Surface (F6)
_ Depleted Dark Surface (F7)
_ Redox Depressions (F8)
_ Iron -Manganese Masses (F12) (LRR N,
MLRA 136)
Umbric Surface (F13) (MLRA 122, 136)
Piedmont Floodplain Soils (F19) (MLRA 148)
Red Parent Material (F21) (MLRA 127, 147, 148)
Indicators for Problematic Hydric Soils3:
2 cm Muck (A10) (MLRA 147)
_ Coast Prairie Redox (A16)
(MLRA 147, 148)
Piedmont Floodplain Soils (F19)
(MLRA 136, 147)
_ Red Parent Material (F21)
(outside MLRA 127, 147, 148)
Very Shallow Dark Surface (F22)
Other (Explain in Remarks)
3lndicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches):
Hydric Soil Present?
Yes No X
Remarks:
Hydric soil is absent.
ENG FORM 6116-4-SG, JUL 2018
Eastern Mountains and Piedmont — Version 2.0
NC DWQ Stream Identification Form Version 4.11
Date: 9/3/2021
Project/Site: Stowe
Latitude: 35.283537
Evaluator: B Burdette/B Hartshorn
County: Gaston
Longitude: -81.011336
Total Points:
Sif 19 rpere least intermittent
perennial 21.5
if >_ 19 or perennial if >_ 30*
..„,„^�,^„
Stream D (^ircle
one)
Perennial
Other Stream 8
e.g. Quad Name:
Ephemer I Intermittent
A. Geomorphology (Subtotal = 11.5 )
Absent
Weak
Moderate
Strong
la Continuity of channel bed and bank
0
1
2
0
2. Sinuosity of channel along thalweg
0
1
0
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
1
0
3
4. Particle size of stream substrate
0
1
0
3
5. Active/relict floodplain
0
1
2
3
6. Depositional bars or benches
0
2
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
0
O
2
3
9. Grade control
0
0.5
1
1.5
10. Natural valley
0
0
1
1.5
11. Second or greater order channel
No = 0
Yes = 3
a artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal = 6
12. Presence of Baseflow
0
ID
2
3
13. Iron oxidizing bacteria
0
1
2
3
14. Leaf litter
1.5
p
0.5
0
15. Sediment on plants or debris
0
0
1
1.5
16. Organic debris lines or piles
0
0
1
1.5
17. Soil -based evidence of high water table?
No = 0
Yes = 3
C. Biology (Subtotal = 4
18. Fibrous roots in streambed
3
O
1
0
19. Rooted upland plants in streambed
3
0
1
0
20. Macrobenthos (note diversity and abundance)
LJ
1
2
3
21. Aquatic Mollusks
p
1
2
3
22. Fish
0
0.5
1
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
Op
0.5
1
1.5
25. Algae
ED
0.5
1 1.5
26. Wetland plants in streambed
FACW = 0.75; OBL = 1.5c=
*perennial streams may also be identified using other methods. See p. 35 of manual.
Notes: BH: 2 - 5' BW: 2 - 6' Looks to be straightened ditch, steep undercut sides. Culverted.
Sketch:
NC DWQ Stream Identification Form Version 4.11
Date: 9/3/2021
Project/Site: Stowe
Latitude: 35.283155
Evaluator: B Burdette/B Hartshorn
County: Gaston
Longitude:_81.009504
Total Points:
Stream is at /east intermittent if 19 or perennial if 30* 32.5
>_ >_
Stream Determination ^ir^I.. ^^..)
Other Stream 9
e.g. Quad Name:
Ephemeral Intermitte t Perennial
A. Geomorphology (Subtotal = 10.5 )
Absent
Weak
Moderate
Strong
la Continuity of channel bed and bank
0
1
2
0
2. Sinuosity of channel along thalweg
0
1
0
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
1
0
3
4. Particle size of stream substrate
0
1
2
3
5. Active/relict floodplain
0
1
2
6. Depositional bars or benches
0
1
2
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
0
1
2
3
9. Grade control
0
0.5
1
1.5
10. Natural valley
0
0
1
1.5
11. Second or greater order channel
No = 0
Yes = 3
a artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal = 11.5
12. Presence of Baseflow
0
1
2
13. Iron oxidizing bacteria
0
O
2
3
14. Leaf litter
1
0.5
0
15. Sediment on plants or debris
0
0.5
1
Q5
16. Organic debris lines or piles
0
0.5
1
0
17. Soil -based evidence of high water table?
No = 0
Yes = 3
C. Biology (Subtotal = 10.5
18. Fibrous roots in streambed
©
2
1
0
19. Rooted upland plants in streambed
0
2
1
0
20. Macrobenthos (note diversity and abundance)
LJ
1
2
3
21. Aquatic Mollusks
p
1
2
3
22. Fish
0
0.5
0
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
0
0.5
10
1.5
25. Algae
0
0.5
p
1.5
26. Wetland plants in streambed
FACW = 0.75;
Other = 0
*perennial streams may also be identified using other methods. See p. 35 of manual.
Notes: BH: 2 - 10' BW: 30' Possibly a branch of backwater from Catawba River. looks to be fed offsite.
Sketch:
NC DWQ Stream Identification Form Version 4.11
Date: 9/3/2021
Project/Site: Stowe
Latitude: 35.284033
Evaluator: B Burdette/B Hartshorn
county: Mecklenburg
Longitude: -80.996432
Total Points:
Stream is at least intermittent 23.5
if >_ 19 or perennial if >_ 30"
Stream De - •. . - ' • • rcle one)
Other Stream 10
e.g. Quad Name:
Ephemera Intermittent 'erennial
A. Geomorphology (Subtotal = 14.5 )
Absent
Weak
Moderate
Strong
la Continuity of channel bed and bank
0
1
O
3
2. Sinuosity of channel along thalweg
0
1
2
0
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
1
02
3
4. Particle size of stream substrate
0
1
02
3
5. Active/relict floodplain
0
1
2
3
6. Depositional bars or benches
0
1
20
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
0
1
O
3
9. Grade control
0
1
1.5
10. Natural valley
0
0.5
0
1.5
11. Second or greater order channel
No = 0
Yes = 3
a artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal = 5
12. Presence of Baseflow
0
0
2
3
13. Iron oxidizing bacteria
0
1
2
3
14. Leaf litter
1.5
1
0
0
15. Sediment on plants or debris
0
0.5
1
1.5
16. Organic debris lines or piles
0
0
1
1.5
17. Soil -based evidence of high water table?
No = 0
Yes = 3
C. Biology (Subtotal = 4
18. Fibrous roots in streambed
3
1.2-)
1
0
19. Rooted upland plants in streambed
3
0
1
0
20. Macrobenthos (note diversity and abundance)
lJ
1
2
3
21. Aquatic Mollusks
0
1
2
3
22. Fish
0
0.5
1
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
0
0.5
1
1.5
25. Algae
0
0.5
1
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL = 1.5 110.271341
"perennial streams may also be identified using other methods. See p. 35 of manual.
Notes: BH: 2 - 10' BW: 30' Possibly a branch of backwater from Catawba River. looks to be fed offsite.
Sketch: