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HomeMy WebLinkAbout20150251 Ver 1_401 Application_20150315of wnrF9 Office Use Only 2 0 5 2 5 , Corps action ID no o < DWQ p ojpo�l �no Flo ;m Version�1�4- January 2009 Page 1 of 10 PCN Form —Version 1 4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a Type(s) of approval sought from the Corps ❑X Section 404 Permit ❑ Section 10 Permit 1 b Specify Nationwide Permit (NWP) number 29 or General Permit (GP) number 1c Has the NWP or GP number been verified by the Corpse ❑ Yes ❑X No 1d Type(s) of approval sought from the DWQ (check all that apply) ❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization le Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification ❑X Yes ❑ No For the record only for Corps Permit ❑ Yes ❑X No 1f Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program ❑ Yes ❑X No 1g Is the project located in any of NC's twenty coastal counties If yes, answer 1 h below ❑ Yes 0 No 1h Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a Name of project Birchwood Commons 2b County Cabarrus 2c Nearest municipality / town Concord 2d Subdivision name 2e NCDOT only, T I P or state project no 3. Owner Information 3a Name(s) on Recorded Deed Cook, Elizabeth Family LTD 3b Deed Book and Page No 3c Responsible Party (for LLC if applicable) nn 3d Street address 1221 Old Salisbury Road 119 ILI V "511111 3e City, state, zip Concord, NC 28205 3f Telephone no 3g Fax no DENR -WATER RESOUR 3h Email address KNITTING Page 1 of 10 PCN Form —Version 1 4 January 2009 4. Applicant Information (if different from owner) 4a Applicant is ❑ Agent ❑X Other, specify Buyer 4b Name Scott Gillespie 4c Business name (if applicable) Redwood Acquistion, LLC 4d Street address 23775 Commerce Park Road, Suite 7 4e City, state, zip Beachwood, Ohio 44122 4f Telephone no 216- 360 -9441 4g Fax no 4h Email address sgillespie @byredwood corn S. Agent/Consultant Information (if applicable) 5a Name Len Rindner 5b Business name (if applicable) Leonard S Rindner, PLLC - Wetlands & Environmental Planning Group 5c Street address 10612 -D Providence Road, PMB 550 5d City, state, zip Charlotte, NC 28277 5e Telephone no 704 - 904 -2277 5f Fax no 5g Email address len rindner @wetlands -epg com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1 a Property identification no (tax PIN or parcel ID) 02- 029 -005 20 1 b Site coordinates (in decimal degrees) Latitude 35 409 Longitude -806615 1c Property size 284 acres 2. Surface Waters 2a Name of nearest body of water to proposed project Coddle Creek 2b Water Quality Classification of nearest receiving water Class C 2c River basin Rocky 3. Project Description 3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application The site is currently undeveloped and predominately wooded General land use in the vicinity consists of residential and commercial developments 3b List the total estimated acreage of all existing wetlands on the property 0 13 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 881 3d Explain the purpose of the proposed project Purpose of the project is for development of residential structures and access /road crossing 3e Describe the overall project in detail, including the type of equipment to be used Road crossing will be constructed using standard equipment - excavator, trackhoe, dump trucks, etc Culvert will be placed in stream 4. Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ❑ Yes 0 No ❑ Unknown Comments 4b If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑ Final 4c If yes, who delineated the jurisdictional areas? Name (if known) Agency /Consultant Company Other 4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation S. Project History 5a Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ❑X No ❑ Unknown 5b If yes, explain in detail according to "help file" instructions 6. Future Project Plans 6a Is this a phased project? ❑ Yes ❑X No 6b If yes, explain Page 3 of 10 PCN Form — Version 1 4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a Which sections were completed below for your project (check all that apply) ❑ Wetlands ❑X Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted 2a Wetland impact number Permanent (P) or Temporary T 2b Type of impact 2c Type of wetland 2d Forested 2e Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f Area of impact (acres) W1 - Choose one Choose one Yes /No - W2 - Choose one Choose one Yes /No - W3 - Choose one Choose one Yes /No - W4 - Choose one Choose one Yes /No - W5 - Choose one Choose one Yes /No - W6 - Choose one Choose one Yes /No - 2g Total Wetland Impacts: 0 2h Comments 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted 3a Stream impact number Permanent (P) or Temporary (T) 3b Type of impact 3c Stream name 3d Perennial (PER) or intermittent (INT)? 3e Type of jurisdiction 3f Average stream width (feet) 3g Impact length (linear feet) S1 P Culvert UT to Coddle Creek PER Corps 6 115 S2 Choose one - S3 Choose one S4 Choose one - S5 Choose one S6 Choose one - 3h Total stream and tributary impacts 115 31 Comments Page 4 of 10 PCN Form — Version 1 4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U S then indivi ually list all open water impacts below 4a Open water impact number Permanent (P) or Temporary T 4b Name of waterbody (if applicable) 4c Type of impact 4d Waterbody type 4e Area of impact (acres) 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f Total open water impacts 4g Comments 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below 5a Pond ID number 5b Proposed use or purpose of pond 5c Wetland Impacts (acres) 5d Stream Impacts (feet) 5e Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f Total: 5g Comments 5h Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no 51 Expected pond surface area (acres) 5j Size of pond watershed (acres) 5k Method of construction 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below If yes, then individually list all buffer impacts below If any impacts require mitigation, then you MUST fill out Section D of this form 6a. Project is in which protected basin? ❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other 6b Buffer Impact number — Permanent (P) or Temporary T 6c Reason for impact 6d Stream name 6e Buffer mitigation required? 6f Zone 1 impact (square feet ) 6g Zone 2 impact (square feet B1 Yes /No B2 Yes /No B3 - Yes /No B4 - Yes /No B5 - Yes /No B6 - Yes /No 6h Total Buffer Impacts: 61 Comments Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project Road crossings were minimized to only one and will utilize an existing road crossing that was installed in approximately 2005 Road crossings will be constructed perpendicular to minimize impacts to stream channels lb Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques The impact length is the minimum needed to create a safely sized public road way to access a residential development No other stream channels or wetlands will be impacted as a result of this project 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a Does the project require Compensatory Mitigation for impacts to Waters of the U S or Waters of the State? ❑ Yes ❑X No 2b If yes, mitigation is required by (check all that apply) ❑ DWQ ❑ Corps 2c If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a Name of Mitigation Bank 3b Credits Purchased (attach receipt and letter) Type Choose one Type Choose one Type Choose one Quantity Quantity Quantity 3c Comments 4. Complete if Making a Payment to In -lieu Fee Program 4a Approval letter from in -lieu fee program is attached ❑ Yes 4b Stream mitigation requested linear feet 4c If using stream mitigation, stream temperature Choose one 4d Buffer mitigation requested (DWQ only) square feet 4e Riparian wetland mitigation requested acres 4f Non - riparian wetland mitigation requested acres 4g Coastal (tidal) wetland mitigation requested acres 4h Comments 5. Complete if Using a Permittee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan Page 6 of 10 PCN Form —Version 1 4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a Will the project result in an impact within a protected riparian buffer that requires Yes ❑X No El buffer mitigation 6b If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the amount of mitigation required 6c 6d 6e Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1 5 6f Total buffer mitigation required: 6g If buffer mitigation is required, discuss what type of mitigation is proposed (e g , payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund) 6h Comments Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑X No within one of the NC Riparian Buffer Protection Rules? 1 b If yes, then is a diffuse flow plan included? If no, explain why ❑ Yes ❑ No 2. Stormwater Management Plan 2a What is the overall percent imperviousness of this project? 29 2b Does this project require a Stormwater Management Plan? ❑X Yes ❑ No 2c If this project DOES NOT require a Stormwater Management Plan, explain why 2d If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan Three storm water management facilities will be constructed to capture and treat storm water generated on the site which includes 2 sand filters and 1 Wet Pond as shown on the attached plan The plan has not been approved yet but has been designed to meet Concord's ordinances /requirements as a delegated authority 2e Who will be responsible for the review of the Stormwater Management Plan? Local /State 3. Certified Local Government Stormwater Review 3a In which local government's jurisdiction is this project? Concord ❑X Phase II ❑ NSW 3b Which of the following locally - implemented stormwater management programs ❑ USMP apply (check all that apply) ❑ Water Supply Watershed ❑ Other 3c Has the approved Stormwater Management Plan with proof of approval been ❑Yes ❑X No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a Which of the following state - implemented stormwater management programs apply MORW (check all that apply) El Session Law 2006 -246 ❑Other 4b Has the approved Stormwater Management Plan with proof of approval been Yes ❑X No attached? S. DWQ 401 Unit Stormwater Review 5a Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form —Version 1 4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ❑X No use of public (federal /state) land? lb If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA /SEPA)? 1 c If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter ) ❑ Yes ❑ No Comments 2. Violations (DWQ Requirement) 2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards, ❑Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B 0200)? 2b Is this an after - the -fact permit application? El Yes ❑X No 2c If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s) 3. Cumulative Impacts (DWQ Requirement) 3a Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes ❑X No additional development, which could impact nearby downstream water quality? 3b If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy If you answered "no," provide a short narrative description No cumulative effects are anticipated from the project 4. Sewage Disposal (DWQ Requirement) 4a Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility Wastewater generated on the site will be transported to the nearest treatment facility via installation of sewer lines Page 9 of 10 PCN Form —Version 1 4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a Will this project occur in or near an area with federally protected species or ❑ Yes ❑X No habitat? 5b Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ❑X No impacts? 5c If yes, indicate the USFWS Field Office you have contacted - 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Professional knowledge of the area and listed species Site does not support habitat for listed species known to occur in this area 6. Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? Professional knowledge of this area 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ❑X No status (e g , National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b What data sources did you use to determine whether your site would impact historic or archeological resources? The North Carolina State Historic Preservation Office's HPOWEB GIS Service (http / /gis ncdcr gov /hpoweb /) 8. Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA - designated 100 -year floodplain? ❑ Yes ❑X No 8b If yes, explain how project meets FEMA requirements 8c What source(s) did you use to make the floodplain determination? Information from engineer and Cabarrus County's GIS website ly Amanda ""Leonard by Amanda Jones DN cn= Amantla Jones Amanda Jones for WEPG ou= Leonard S Rintlner PLLC PLLC Wetlands & Environmental Planning Jones Group — 11= amantlalones@wegantls- epg com c =US 03 -06 -2015 Date 2015 03 06 15 15 44 -05 00 Applicant /Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided Page 10 of 10 Wetlands and Envu onmental Planning Group Agent Authorization Letter Leonard S Rindner PLLC The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic resource (i.e. stream /wetlands) identification /mapping and regulatory permitting. The undersigned, who are either registered property owners or legally authorized to conduct due diligence activities on the property as identified below, do hereby authorize associates of Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my behalf and take all actions necessary for the processing, issuance, and acceptance of applicable permit(s) and /or certification(s). Project/Site Name. Redwood - Concord "Birchwood Commons" Property Address: 330 Coddle Market Drive NC, Concord, NC Parcel Identification Number (PIN): 02- 029 - 0005.20 Select one: 1 am an interested buyer /seller Name: Scott Gillespie Company: Redwood Acquisition, LLC Mailing Address: 23775 Commerce Park Road, Suite 7, Beachwood, OH 44122 Telephone Number: 216 - 360 -9441 Electronic Mail Address: Gillespie@byredwood.com Property Owner/ Interested Buyer* 3.1.)S- Date * The Interested Buyer /Other acknowledges that an agreement and/or formal contract to purchase anchor conduct due diligence activities exists between the current property owner and the signatory of this authorization in cases where the property is not owned by the signatory Chic lotto Office www wetlands -epg cord Asheville Office, PMB 1 Providence Rd 1070 Tunel Rd , Bid I 5 55 0 n58 Chic lone, NC 28277 Suite 10 PMB 283 (704) 904 -2277 Asheville NC 28805 (828) 708 7059 Ic +c i inciner Dwetiands -epg coin 2 antanda cones`, wetlands -epg coin N C N a Maps /Plans gr 3 � ;54 Q r It b Montandr. Harold E 1 Tl Poplar Tent Day +din Nwy Winkler Middle o Ln NW rb z �� School $'S` b v COUNTRY ACRES PoPlar Tent Rd c Po9 Grand Canyon Rd FSITEJ Primrose ��Z' I$ Wyoming Dr C A School at Afton Villa- Por 0414 Microsoft Corporation tp billy L ® 2014 Nokia N`N e pr �d z ' QoVac���t AsTON PARK s• Food Lion F N- HILL!, d GE ESTATES z . ,9 Zf2 �lb v a Cabarrus G� ^ Charter Academy SITE LAUREL PARK 1� D Cannon MOUNTAIN ra Z Kinsle�y Ave NV o, � 'NW School � � kn ['j1 LV 1worm LT, NW z bing � 0 201 Microsoft Corporation ®2014 Nokia FIGURE N0. 1 Birchwood Commons Cabarrus, NC VICINITY MAP Drawn By: I Reviewed By: NRN LSR DATE: 10/8/14 IS = J LL w LLI aWz wa> w co 0 � a) O fmnNwN U�J�Ya0o Z a a < N �a<nw2U z 0- U J 0 3JOao� 0 -Uioo N LL —N C,4 OU z LO 4L N O 0 o° QC�MU p W co N z O �zo z 00a a U m a� 3 cc ccJ v m c V r3o = z U O z O U 0 p U O V) O 3 U w U 00 O z w W Ln a ` O m v O Q X aJ r� p vii � O U 3 � f0 �? Ln V � Q L U i O V) f" 1 P 'A y LYJ qk��� Wetlands and Environmental Planning Group Leonard S. Rindner. PLLC. len. rindner @wetlands- epg.com (704) 904 -2277 www. wetlands -epg. coni � f ' r 1 n ti- f 1 Ij ' 1'w' i i • 1 n ti- f 1 Ij ' � �?r,, _ .;',r✓• -=--ems -s '—?'- � ' ' -.`��, �r�'"" -•-- '� ► J41 :. �� / , . �.,1 ` -�•_ ��i r f� I I — �--�' r Ike oil IIBM �• • ' 4 f, �+ ,4 � � SITE -' ti ��._ �, - ,• -+ " /:� air r SCALE LOCATION - 1:24,000 ' Lat: 35.4090 -N USGS QUAD ACRES Long: - 80.6615 -W `_�?- ,�'• • Kannapofis, NC 28,43 HUC: 03040105 FIGURE NO. REDWOOD — GEORGE LILES PKWY Drawn By: Reviewed By: 4 Cabarrus, NC NRN LSR Wetlands and Environmental Planning Group DATE: Leonard S. Rindner. PLLC. USGS MAP — WATERS OF THE U.S. \ ►- •,- len.rindner@wetiands-epg.com EXISTING CONDITIONS STUDY 10/8/14 / SUBJECT TO USACE/NCDENR VERIFICATION S• �y t tl y Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. Ien.rindner@,wetlands-epg.com (704) 904 -2277 www. wetlands -epg. corn v ► MIe R Mel �r J ' - r J w r 3 s N cnmp -uZ ,P O IT w p o p ;u z -o m u) z I --4 0 y 0 z Co �mOD �IU , "f\ Fn "IF •� - ;;,,IAA .I �,, ;, :,'/_ I ` „,,,,\, Ili 4;^ ,' \�h�1 "All r p -I 50 In \' 11 1 U ii' CODDLE MARKET DRIVE p m D mr', „�;p', co m I y /;111; 1+ III m 9: 'btio' I� 11�( `I'Ijlll',`, \ C 00 ;ItI \`\`r— - ---- -_ [ == I - - - -- I' STREAM CROSSING EXHIBIT - OVERALL PLAN SCALE 1” =250' SHEET NO DATE 2/9/15 gI■ SATRUMREPOINT INC MWOOD CONCORD I DAC E i® LM PARKWAY DRAWN BY • K on no, CHK'D BY MJK 218C E.0 Tremont Ave I Chador. N.M C.m-28203 tEL7n4_ st-t p n1w, 30270 1 OF 3 JOB NO 201401089 C, �' i U) m x �A 0� C-) , D z z m m m r/ •0 O j . Gi , Gi a O ' m D -< m zD� Y� / rn ' c n M rn x mr , � O M:* 3 +00 2 +50 + / \ \, (n D r cO " 7 Dm� I .. m + r0 m m ;u op r0 /1, z p p tr' i rCO� ;i, xs m mf. 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BY: MJK 2 •eC c,.1 Tn,•,a t Aw I Ch,&M, N,, C,�m 28203 TEL 706.315,&WIFVI317.513.0270 .,...awcwmoa�.am 2 OF 3 JOB NO. 2014.01089 ummmmmmmm 10000000000 O Ln o O 0 o 0 _ o r�DO � cn 0 = N NK� O X mor o C r 0 DN D --159 C 0 m + IS 00 zD> ° 0 ° m D N C7 ZI N_ O 07 + N Zrn 0 m coo O Z C) m D n vmi m N � —i N rn m + v>o 0 O O Zc D C o� � D 0 + Ul 0 w 0 O w + cn O U1000000Q)O t00— 000000000 NG4 4h,00-�1 STREAM CROSSING EXHIBIT - PROFILE .■ � - - SCALE 1 " SHEET NO DATE 2/ I * /may, r't 0 1 RU 1 VREPOIN , RMWOM /�OMOM Gr inc S I f GEOM L PPAMMAYY DRAWN BY CONCORD M 29M CHK'D BY MJK 218C Easl Tremont Ave I Cherlotle NorCi Camlaa 28203 TEL7043158543 IFAX3175430270 ,,,w�wrevo�� rAm 3 OF 3 JOB NO 2014 01089 N i QJ fCS i O Stormwater Plans ■ 0 D AMERICAN STRUCTUREPOINT INC March 6, 2015 Ms Amanda Jones Wetlands & Environmental Planning Group Leonard S Rindner, PLLC 10612D Providence Road, PMB 550 Charlotte, North Carolina, 28277 Re Stream Crossing Redwood — Concord (George Liles Parkway) — `Birchwood Commons" 330 Coddle Market Drive, Concord, NC PIN14 ID 56004789740000, Property Real ID 02- 029 -0005 20 Estimated at 106 units Dear Ms Jones As part of the approval process, everything proposed will require permitting through the City of Concord (being a delegated authority) such that all design and issued permits will be in compliance with Concord's ordinances No land disturbing activities, including anything associated with the stream crossing, will occur without prior approval We understand, and fully accept, that any approval granted for the stream crossing is contingent on approvals by the City of Concord Should you have any questions, please do not hesitate contacting me at 704 - 315 -8548 Very truly yours, Civil Engineering Manager MJK File v e 3 S n YS G+� n� b Know what's belOW. Call boore you dig. 1. CONTRACTOR I6 FULLY RESPONSIBLE FOR CONTACTING APPROPRIATE PARTIES ANDS LU THATALLE XISTRNGUDUTIESARELOCATEDPRIORTO BEGINNING CONSTRUCTION. 2. CONTRACTOR R RESPONSIBLE FOR PIAGNG BARRICADES, USING FUOGER6. ETC. AS NECESSARY TO ENSURE THE SAFETY OF THE PUBLIC. 3. ALL PAVEMENT CUTS, ASPHALT OR CONCRETE. ARE TO SE PLACED ACCORDING TOSTANCMOS OFTHESOUTHCAROLINADEPAR OFTMMB TATION A O COUNTY SPEMCATIONS. 4. SHORRNG WILL M CARRIED OUT INACCORD E Wi OSHA TRENCHING STANDARDS. PART IBM, SUBPART P. OR AS AMENDED. GRADING AND DRAINAGE NOTES 1. EARTHWORK OMNTllES HAVE NOT BEEN ESTIMATED AND SITE AS SHOWN IS NOT ASSUMED TO REPRESENT A BALANCED CUT/FlIL CONDITION. 2. CONTRACTOR SMALL PERFORM HIS OWN ESTIMATES AND S/1ALL PROVIDE ALL EARTHWORK NECESSARY TO ACHIEVE THE DESIGN GRADE, INCLI NG ANY OFFSITE BORROW OR SPOILS REQUIRED. 3. CONTRACTOR SMALL PROVIDE POSITIVE DRAINAGE N ALL GRADED AREAS INCLUDING PAVING, LAWN AND LANDSCAPE AREAS 4. THE CONTRACTOR SHALL IMMEDIATELY REPORT TO OMER ANY DISCREPANCIES FOUND BETWEEN ACTUAL FIELD CONDITIONS AND CONSTRUCTION DOCUMENTS AND SHALL WAIT FOR INSTRUCTION PRIOR TO PROCEEDING, 5. CONTRACTOR SHALL VERIFY LOCATION OF ALL UNDERGROUND UTILITIES PRIOR TO BEGINNING WORK, BOTH PUBLIC AND PRIVATE. CONTRACTOR IS FULLY RESPONSIBLE FOR ALL UNDERGROUND UTILITIES AND SHALL REPAIR ANY DAMAGE AS A RESULT Or THIS CONTRACT. 6. CONTRACTOR SHALL BLEND NEW EARTHWORK SMOOTHLY TO TRANSITION BACK TO EXISTING GRADE. 7. THE PROPOSED CONTOURS AND SPOT ELEVATIONS SHOWN IN DRIVES, PARKING LOTS AND SIDEWALKS ARE FINISHED ELEVATIONS INCLUDING ASPHALT. REFER TO PAVEMENT CROSS SECTION DATA TO ESTABLISH CORRECT SUBBASE DR AGGREGATE BASE COURSE ELEVATIONS TO BE COMPLETED UNDER THIS CONTRACT. B. PIPE LENGTHS SOWN ARE THE ENGINEER'S ESTIMATE USED TO COMPUTE PINE SLOPES AND INVERTS AND SHALL NOT BE CONSTRUED BY THE CONTRACTOR TO REPRESENT THE ACTUAL QUANTITY OF PIPE REQUIRED. 9. CROSS SLOPE OF SIDEWALKS SHALL BE 1 /4-/FT. (MAX). 10. SLOPES SHALL BE GRADED NO STEEPER THAN 3:1 UNLESS SPECIFICALLY NOTED ON PLANS OR UNDER DIRECTION OF THE ENGINEER BASED ON FIELD CONDITIGNS IT NO DISTURBANCE OR COMPACTION, CONSTRUCTION MATERIALS, TRAFFIC, BURIAL PITS, TRENCHING OR OTHER LAND DISTURBING ACTIVITY ALLOWED IN THE TREE PROTECTION ZONE. TREE BARRICADES MUST BE INSTALLED BEFORE ANY DEMOLITION, GRADING OR CONSTRUCTION BEGINS, AND NOT REMOVED UNTIL FINAL INSPECTION. 12. NO (RUBBING WITHIN TREE PROTECTION ZONE. LEAVE SOIL AND LEAF UTTER UNDISTURBED, SUPPLEMENT WITH 1 -2 INDIES OF MULCH. RE -SEED WITH GRASS ONLY IN DISTURBED /GRADED ALAS 13. BRUSH, VINES AND SMALL TREES (,8 IN. DIA.. OR AS SMALL AS 2 IN. CALIPER) MAY BE HAND CLEARED ONLY CUT RUSH WITH 1R01JND SURFACE. EXISTING TREES MAY BE LIMBED UP 6 FEET (AT LEAST 2/3 OF THE BRANCHES SHOULD BE LEFT) TO IMPROVE VISIBIJTY. 14. EXPOSED TREE ROOTS MUST BE CLEANLY CUT WITH A SHARP PRUNING TOOL; BACKFIL ASAP TO MINIMIZE EXPOSURE TO THE AR. 15, ALL ROOF DRAMS SHALL DISCHARGE AT GRADE AND DRAIN IN A POSITIVE DIRECTION AWAY FROM BUILDINGS. if"'; i 16. PIPE LENGTHS SHOWN ON CULVERTS INCLUDE FLARED END SECTIONS. 17, IN ORDER TO ENSURE ADEQUATE DRAINAGE FLOW LINES IN GUTTERS SHALL BE 0.5011 MINIMUM- 1 8, SEE DETAILS FOR TRAFFIC CONTROL WHEN CONSTRUCTION DRIVEWAY CONNECTION TO SC 49 AND MONTGOMERY ROAD. 19. SLOPE MATING AS SHOWN IS THE MINIMUM. 20. ALL DRIVEWAY SLOPES SHALL SLOPE AWAY FROM GARAGE TOWARDS ROAD. 21, NO DRIVEWAY SLOPE SHALL EXCEED 85 UNLESS OTHERWISE NOTED. 22. NO IMPROVEMENTS SHALL BE MADE TO SPURRIER COURT UNTIL APPROVED BY THE YORK COUNTY PLANNING COMMSSION AND YORK COUNTY PLANNING AND DEVELOPMENT SERVICES 23. APPROVAL FOR IMPROVEMENTS SHALL QU BASED ON THESE PUNS, AS AMENDED, AND SUBMITTED SEPARATELY. 24. CONSTRUCTION OF ROAD CENTERLINE CONNECTION TO SPURRIER COURT SHALL BE PERMISSIBLE, BUT CURB AND PAVEMENT INSTALLATION MUST STOP AT THE RADIUS POINTS ON SPURRIER COURT. 25. CONSTRUCTION OF BUILDINGS ALONG SPURRIER COURT IS BY RIGHT. INCLUDING DRIVEWAYS OCCURRING N PHASE 28. 25. PLAN STATION. INCLUDING ACCESS ROAD. SHALL BE CONSTRUCTED N PHASE 1 27. CONTRACTOR SHALL PROTECT AND NOT DESTROY THE PROPERTY CORNER MONUMENTS DURING CONSTRUCTION. 28. CONTRACTOR TO VERIFY LOCATION, SIZE, AND DEPTH OF EXISTING UTILITIES PRIOR TO COMMENCING ANY CONSTRUCTION. CONTACT ENGINEER IF VARIATION EXISTS. 29. ALL RETAINING WALLS TO BE DESIGNED, SEALED, AND CERTIFIED BY CONTRACTOR'S STRUCTURAL ENGINEER. DESIGNED PLANS FOR RETAINING WALLS SHALL BE SUBMITTED, REVIEWED, AND PERMITTED BY YORK COUNTY. THE ENGINEER OF RECORD SHALL PROVIDE YORK COUNTY WITH WRITTEN INSPECTION REPORTS, WHICH VERIFY THAT ALL ON -STE RETAINING WALLS WERE CONSTRUCTED AND INSTALLED PER THE APPROVED DESIGN PLAN. THESE REPORTS SHALL BE SIGNED AND SEALED BY THE ENGINEER OF RECORD. 31.CONTRACTOR TO FIELD VERIFY DEPTH AND PIPE MATERIAL OF EXISTING FORCEMAIN ON THE SITE_ IT IS THE CONTRACTORS RESPONSIBILITY TO PROTECT THE FORCEMAIN DURING ALL CONSTRUCTION ACTIVITIES. ANY DAMAGE WILL BE THE SOLE RESPONSIBILITY OF THE CONTRACTOR. PER YORK COUNTY STANDARDS. ALL LINES MUST MAINTAIN A MINIMUM OF 3' OF COVER. IF THIS REQUIREMENT CANNOT BE NET, IT WILL BE THE CONTRACTOR'S RESPONSIBILITY TO REPLACE THE LINE WITH DUCTILE IRON PIPE. A YORK COUNTY UTILITY INSPECTOR MUST BE ON SITE DURING FIELD VERIFICATION AND FOR ANY GRADING OVER OUR EXISTING UTILITTEL164 PLEASE CALL ON-AN-W71 N HOURS IN ADVANCE TO SOOKLE THESE INSPECTIONS i PROPOSED GRADING LEGEND TOPOGRAPHY Broce Pole EXISTING INTERVAL PROPOSED STORM - - - - - -- CONTOUR DRAINAGE PIPE 5e EXISTING INDEX PROPOSED STORM ---- - - - - --- CONTOUR >Q� CURB INLET PROPOSED INTERVAL PROPOSED STORM CONTOUR DROP INLET PROPOSED INDEX PROPOSED STORM CONTOUR >� JUNCTION BOX EXISTING CREEK PROPOSED STORM CENTERLINE HEADWALL PROPOSED STORM '- -- CREEK BUFFER FLARED END SECTION AND RIP -RAP APRON 't I pp I 1 �1 0 Q MERILA. ■ STRUCTUREPOINT INC. ■ 2txC Eac1 Tmmonl Ave 1 CMUlo1M. NaW C41vYro 28101 ?EL 980.>rJB.BBTI I FAX 31TSgS2N +win BIRCHWOOD COMMONS 330 Coddle Market Dr NW Concord, NC C.XO� It It () REFERS TO ' SHEET SERIES. ..; ;C.x02 C.43.\ KIiYMAP . /•• CERTIFIED BY NC ENGINEERING FIRM F -1119 ISSUANCE INDEX DATE: M.E. MATCH EXISTING 10/9/2014 EP EDGE OF PAVEMENT PROJECT PHASE: BC BOTTOM OF CURB TO TOP OF CURB ALL BC BOTTOM OF WALL TW TOP OF WALL REVISION SCHEDULE TO �•� CURB ELEVATIONS NO, DESCRIPTION DATE Bc odD.00 �a WALL ELEVATIONS BW 000.00 � 000.00 SPOT ELEVATIONS �- FLOW ARROW YA 9 PROPOSED SWALE 11511918151 NATURE WALK USE - -- GENERAL UTIUtY WAS C -121 EROSION --_� EASEMENT CONTROL MATTING (SLOPES 2.1:1 OR STEEPER) W A AM IBUILDING O 0 WALKWAY 2" SLOPE ROADWAY XX AVERAGE DRIVEWAY SLOPE FRONT OF GARAGE FIFE-0.2S EXISTING .0 TOPOGRAPHY Broce Pole LEGEND ® I VICINITY MAP (N.T.S.) Telephone Handhole ® Curb Inlet -4-- Telephone Marker ® Drainage Manhole -W­ Telephone Pedestal e Electric HOndhOle $ Television Pedestal 0 Electric Meter O Test Hole Fire Hydroni ® Water Meter Gas Meter Water Valve F- Gas Valve Guy Wire a Buried Electric Line Cr Light Pole g t Buried Gas Line Buried Telephone Line d Power Pole w Burled Water Line ® Sanitary Manhole one Overhead Electric Line T Sign tr Top of Rim Elevation Standpipe Env In Vert Elevation SCALE: 1' -80. Coniferous Tree rep Reinforced Concrete Pipe IRS PVC ostic Pipe Deciduous Tree Project Number 2014.01089 OVERALL GRADING PLAN C400 C O C L N N 0 C O .4-J v N Jurisdictional Determination Information ,-P ,wekwwJ Cch� s s APPROXIMATE JURISDICTIONAL WETLAND AND STREAM DIMENSIONS JURISDICTIONAL WETLANDS Sa Ft Acres JURISDICTIONAL RPWs LF Acres Jurisdictional Wetland A 274428 0 063 Jurisdictional Perennial RPW Tributary B 31 0 003 Jurisdictional Wetland C 34848 0 008 Jurisdictional Seasonal RPW Tributary E 850 012 Jurisdictional Wetland D 165528 0 038 Jurisdictional Wetland F 91476 0 021 Total Jurisdictional Wetlands 56628 0 13 Total Jurisdictional RPWs 881 0 123 TOTAL RPWs 881 0 123 TOTAL SITE ACREAGE 265 TOTAL WATERS OF THE US ACREAGE 0 253 TOTAL UPLAND ACRES 26 247 NOTES Table 1 WOUS Summary Table Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC T, 717 Flow Path: Jurisdictional features on the site flow an unnamed tributary to Coddle Creek, then to Coddle Creek, then to Rocky River (TNW). �K ,F 1 r SITE .i it � 4 'i J � Flow Path llllllllllllllllllllllllM1leS � E 0 0 ` 1 2 y0 Site Location Sww Exi, 4ERE, DOLa ` r 1,!111; :' 1 ,y • ,y„ J �� _ 1' C M1r7'^Ylntlie. ®�F�r'�bf buWi:' FIGURE NO. BIRCHWOOD COMMONS Drawn By: Reviewed By: s L/Enfol" I Mecklenburg County, NC HAC LSR Navigation Pathway Map *Approximate boundary DATE: 3/4/2015 WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Region Project/Site Birchwood Commons City /County Concord /Cabarrus Sampling Date 10/8/14 Applicant/Owner Redwood Acquisitions, LLC State NC Sampling Point UDP Investigator(s) NRN Section, Township, Range Landform (hilislope, terrace, etc ) Floodplain Local relief (concave, convex, none) concave Slope ( %) 0-2 Subregion (LRR or MLRA) MLRA 136 Lat 35 4090 N Long 80 6615 W Datum Soil Map Unit Name ArA Armenia loam NWI classification Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks ) Are Vegetation ' Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes F—v] No = Are Vegetation ' Sod ' or Hydrology ' naturally problematic? (If needed, explain any answers in Remarks ) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, Important features, etc. Hydrophytic Vegetation Present? Yes= No Is the Sampled Area Hydric Soil Present? Yes= No =✓ within a Wetland? Yes No Wetland Hydrology Present? Yes= No 0✓ Remarks Upland Data Point was taken approximately 30' NE of Wetland D HYDROLOGY Wetland Hydrology Indicators Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required, check all that apply) =Surface Soil Cracks (136) =Surface Water (Al) =True Aquatic Plants (1314) =Sparsely Vegetated Concave Surface (138) =High Water Table (A2) =Hydrogen Sulfide Odor (Cl) =Drainage Patterns (610) =Saturation (A3) =Oxidized Rhizospheres on Living Roots (C3) =Moss Trim Lines (616) =Water Marks (131) =Presence of Reduced Iron (C4) =Dry- Season Water Table (C2) =Sediment Deposits (132) =Recent Iron Reduction in Tilled Sods (C6) =Crayfish Burrows (C8) =Drift Deposits (133) =Thin Muck Surface (C7) =Saturation Visible on Aerial Imagery (C9) =Algal Mat or Crust (64) Other (Explain in Remarks) =Stunted or Stressed Plants (D1) =Iron Deposits (135) =Geomorphic Position (D2) =Inundation Visible on Aerial Imagery (137) =Shallow Aqutard (D3) =Water - Stained Leaves (139) =Microtopographic Relief (D4) =Aquatic Fauna (613) =FAC- Neutral Test (D5) Field Observations Surface Water Present? Yes= No= Depth (inches) Water Table Present? Yes= No= Depth (inches) Saturation Present? Yes= No= Depth (inches) Wetland Hydrology Present? Yes= NoEZI includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available Remarks US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2 0 VEGETATION (Five Strata) — Use scientific names of plants Sampling Point UDP Remarks (Include photo numbers here or on a separate sheet ) US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2 0 Absolute Dominant Indicator Dominance Test worksheet Tree Stratum (Plot size 30' ) % Cover Species? Status Number of Dominant Species 1 Juniperus virginianus 35 Y FACU That Are OBL, FACW, or FAC 0 (A) 2 Ulmus alata 35 Y FACU Robinia seudoacacia 3 p 25 Y FACU Total Number of Dominant Species Across All Strata 7 (B) 4 Percent of Dominant Species 5 That Are OBL, FACW, or FAC 0% (A/B) 6 Prevalence Index worksheet 7 90 = Total Cover Total % Cover of Multiply by Sapling Stratum (Plot size 30' ) OBL species x 1 = 1 Ulmus alata 15 Y FACU FACW species x 2 = 2 Robinia pseudoacacia 10 y FACU FAC species x 3 = 3 Jurnperus virginianus 5 N FACU FACU species x 4= 4 UPL species x 5 = 5 Column Totals (A) (B) 6 Prevalence Index = B/A = 7 Hydrophytic Vegetation Indicators 30 30' = Total Cover Q1 Rapid Test for Hydrophytic Vegetation Shrub Stratum (Plot size ) - 1 Ligustrum sinense 15 Y FACU 02 - Dominance Test is >50% 2 Q3 - Prevalence Index is s3 0' Q4 - Morphological Adaptations' (Provide supporting 3 4 data in Remarks or on a separate sheet) ❑Problematic 5 Hydrophytic Vegetation' (Explain) 6 'Indicators of hydric soil and wetland hydrology must 7 be present, unless disturbed or problematic ' 30' 15 =Total Cover Definitions of Five Vegetation Strata Herb Stratum (Plot size ) 1 Tree — Woody plants, excluding woody vines, 2 approximately 20 ft (6 m) or more in height and 3 in (7 6 cm) or larger in diameter at breast height (DBH) 3 4 Sapling —Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less 5 than 3 in (7 6 cm) DBH 6 Shrub — Woody plants, excluding woody vines, 7 approximately 3 to 20 ft (1 to 6 m) in height 8 9 Herb — All herbaceous (non- woody) plants, including herbaceous vines, regardless of size, and woody 10 plants, except woody vines, less than approximately 3 11 ft (1 m) in height 12 Woody vine — All woody vines, regardless of height = Total Cover Woody Vine Stratum (Plot size 30' ) 1 Parthenocissus quinquefolia 10 Y FACU 2 3 4 Hydrophytic Vegetation 0 5 Present? Yes= No 10 = Total Cover Remarks (Include photo numbers here or on a separate sheet ) US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2 0 SOIL Sampling Point UDP Profile Description (Describe to the depth needed to document the indicator or confirm the absence of indicators ) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Loc Texture Remarks 0-12 2 5YR 3/6 100 - - - - Clay C= Concentration, D= Depletion, RM= Reduced Matrix, MS= Masked Sand Grains Sod Indicators UHistosol (Al) =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) (LRR N, MLRA 147, 148) =Sandy Gleyed Matrix (S4) =Sandy Redox (S5) =Stripped Matrix (S6) Type Depth (inches) Remarks =Dark Surface (S7) =Polyvalue Below Surface (S8) (MLRA 147, 148) =Thin Dark Surface (S9) (MLRA 147, 148) =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 (1713) (MLRA 136, 122) =Piedmont Floodplain Soils (F19) (MLRA 148) =Red Parent Material (F21) (MLRA 127, 147) lion PL =Pore Lining, M =Matrix Indicators for Problematic Hydric Soi =2 cm Muck (A10) (MLRA 147) =Coast Prairie Redox (A16) (MLRA 147, 148) =Piedmont Floodplain Soils (F19) (MLRA 136, 147) =Very Shallow Dark Surface (TF12) =Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic Hydnc Soil Present? Yes= No = US Army Corps of Engineers Eastern Mountains and Piedmont —Version 2 0 WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Region Project/Site Birchwood Commons City /County Concord /Cabarrus Applicant/Owner Redwood Acquisitions, LLC State NC Investigator(s) NRN Section, Township, Range Landform (hillslope, terrace, etc ) Floodplain Local relief (concave, convex, none) concave Subregion (LRR or MLRA) MLRA 136 Lat 35 4090 N Long -80 6615 W Soil Map Unit Name ArA Armenia loam NWI classification Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks ) Are Vegetation - Soil , or Hydrology - significantly disturbed? Are "Normal Circumstances" present? Yes= No [ Are Vegetation - 'Soil - or Hydrology - naturally problematic? (If needed, explain any answers in Remarks ) Sampling Date 10/8/14 _ Sampling Point C,D,F Slope ( %) 0 -2 Datum SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes= No 0 Is the Sampled Area Hydnc Sod Present? Yes= No = within a Wetland? Yes No Wetland Hydrology Present? Yes= No = HYDROLOGY Wetland Hydrology Indicators Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required, check all that apply) E�Surface Soil Cracks (66) =Surface Water (Al) =True Aquatic Plants (B14) E=kparsely Vegetated Concave Surface (88) =High Water Table (A2) =Hydrogen Sulfide Odor (Cl) =Drainage Patterns (610) =Saturation (A3) =Oxidized Rhizospheres on Living Roots (C3) =Moss Trim Lines (B16) =Water Marks (131) =Presence of Reduced Iron (C4) =Dry- Season Water Table (C2) =Sediment Deposits (62) =Recent Iron Reduction in Tilled Sods (C6) =Crayfish Burrows (C8) =Drift Deposits (63) =Thin Muck Surface (C7) ESaturation Visible on Aerial Imagery (C9) =Algal Mat or Crust (64) =Other (Explain in Remarks) [Stunted or Stressed Plants (D1) =Iron Deposits (B5) =Geomorphic Position (D2) =Inundation Visible on Aerial Imagery (67) =Shallow Aquitard (D3) =Water - Stained Leaves (139) =Microtopographic Relief (D4) =Aquatic Fauna (613) =FAC- Neutral Test (D5) Field Observations Surface Water Present? Yes= No= Depth (inches) 04 Water Table Present? Yes= No= Depth (inches) Saturation Present? Yes= No= Depth (inches) Wetland Hydrology Present? Yes= No includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available Remarks US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2 0 VEGETATION (Five Strata) — Use scientific names of plants. Sampling Point C,D,F Remarks (Include photo numbers here or on a separate sheet ) US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2 0 Absolute Dominant Indicator Dominance Test worksheet Tree Stratum (Plot size 30' ) % Cover Species? Status Number of Dominant Species 1 Salix nigra 35 Y OBL That Are OBL, FACW, or FAC 13 (A) 2 Platanus occidentalis 35 Y FACW 3 Fraxinus pennsylvamca 30 Y FACW Total Number of Dominant 13 Species Across All Strata (B) 4 Percent of Dominant Species 5 That Are OBL, FACW, or FAC 100% (A/B) 6 Prevalence Index worksheet 7 100 = Total Cover Total % Cover of Multiply by Sapling Stratum (Plot size 30' ) OBL species x 1 = 1 Platanus occidentalis 10 Y FACW FACW species x 2 = 2 Fraxmus pennsylvamca 10 Y FACW FAC species x 3 = 3 Salix nigra 10 Y OBL FACU species x 4 = 4 UPL species x 5 = 5 Column Totals (A) (B) 6 Prevalence Index = B/A = 7 Hydrophytic Vegetation Indicators 30 30' = Total Cover 01 Test for Hydrophytic Vegetation Shrub Stratum (Plot size -Rapid 1 Alnus serrulata 35 Y OBL 02 - Dominance Test is >50% 2 Corpus amomum 20 Y FACW Q3 - Prevalence Index is 53 0' 3 Lindera benzoin 10 N FAC Q4 - Morphological Adaptations' (Provide supporting 4 Sambucus nigra 10 N FAC data in Remarks or on a separate sheet) ❑Problematic Hydrophytic Vegetation' (Explain) 5 6 'Indicators of hydric soil and wetland hydrology must 7 be present, unless disturbed or problematic 30' 75 = Total Cover Definitions of Five Vegetation Strata Herb Stratum (Plot size ) 1 Carex crirnta 15 Y OBL Tree — Woody plants, excluding woody vines, 2 Boehmena cylindnca 15 Y FACW approximately 20 ft (6 m) or more in height and 3 in 3 Sagittana latifolia 10 Y OBL (7 6 cm) or larger in diameter at breast height (DBH) 4 Juncus effusus 10 Y FACW Sapling — Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less 5 than 3 in (7 6 cm) DBH 6 Shrub — Woody plants, excluding woody vines, 7 approximately 3 to 20 ft (1 to 6 m) in height 8 9 Herb — All herbaceous (non- woody) plants, including herbaceous vines, regardless of size, and woody 10 plants, except woody vines, less than approximately 3 11 ft (1 m) in height 12 Woody vine — All woody vines, regardless of height 50 = Total Cover Woody Vine Stratum (Plot size 30' ) 1 Lonicera japonica 30 Y FAC 2 3 4 Hydrophytic Vegetation 5 Present? Yes= No= 30 = Total Cover Remarks (Include photo numbers here or on a separate sheet ) US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2 0 SOIL Sampling Point C,D,F Profile Description (Describe to the depth needed to document the indicator or confirm the absence of indicators ) Depth Matrix Redox Features =Polyvalue Below Surface (S8) (MLRA 147, 148) (inches) Color (moist) % Color (moist) % Type Loc Texture Remarks 0 -10 2 5YR 5/1 90 2 5YR 5/8 10 RM PL Loam clay 10 -12 2 5YR 6/1 50 2 5YR 5/8 50 RM M Loam clay 'Type C= Concentration, D= Depletion, RM= Reduced Matrix, MS= Masked Sand Grains 2Location PL =Pore Lininq, M= Matrix Hydric Sod Indicators =Histosol (Al) =Dark Surface (S7) Indicators for Problematic Hydric Sods' =2 cm Muck (A10) (MLRA 147) =Histic Epipedon (A2) =Polyvalue Below Surface (S8) (MLRA 147, 148) =Coast Prairie Redox (A16) =Black Histic (A3) =Thin Dark Surface (S9) (MLRA 147, 148) (MLRA 147, 148) =Hydrogen Sulfide (A4) =Loamy Gleyed Matrix (F2) =Piedmont Floodplain Sods (F19) =Stratified Layers (A5) =2 cm Muck (A10) (LRR N) =Depleted Matrix (F3) = Redox Dark Surface (F6) (MLRA 136, 147) =Very Shallow Dark Surface (TF12) =Depleted Below Dark Surface (A11) =Depleted Dark Surface (F7) =Other (Explain in Remarks) =Thick Dark Surface (Al2) = Redox Depressions (F8) =Sandy Mucky Mineral (S1) (LRR N, =Iron- Manganese Masses (F12) (LRR N, MLRA 147, 148) =Sandy Gleyed Matrix (S4) MLRA 136) =Umbnc Surface (F13) (MLRA 136, 122) 3Indicators of hydrophytic vegetation and =Sandy Redox (S5) =Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, =Stripped Matrix (S6) =Red Parent Material (F21) (MLRA 127, 147) unless disturbed or problematic Type Depth (inches) Remarks Hydric Sod Present? Yes=✓ No = US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2 0 STREAM REACH EVALUATION FORM Date 10/8/14 1 Evaluator I NRN Easting 80 6615 W Project Birchwood Commons Perennial RPW B Northin 35 4090 N Total Points: 2 Stream is at least intermittent if > 19 or perennial if > 30* 33.5 (right -click the purple number and left -click Update Field to summarize points) 0 A. Geornorphology Geomorphology Absent Weak Moderate Strong SCORE 1a Continuity of channel bed and bank 0 1 2 3 1 2 Sinuosity of channel along thalweg 0 1 2 3 2 3 In- channel structure riffle- / step- pool sequence 0 1 2 3 2 4 Particle size of stream substrate 0 1 2 3 1 5 Active /relic flood lain 0 1 2 3 1 1 6 Depositional bars or benches 0 1 2 3 1 7 Recent alluvial deposits 0 1 2 3 2 8 Headcuts 0 1 2 3 1 9 Grade controls 0 05 1 1 5 1 10 Natural valley 0 1 05 1 1 1 5 1 5 11 Second or greater order channel No = 0 1 Yes = 3 0 Geomorphology Subtotal 135 a Man -made ditches are not rated see discussion in NCDWQ Manual B. Hydrology 12 Presence of Baseflow 0 1 2 3 3 13 Iron Oxidizing Bacteria 0 1 2 3 3 14 Leaf litter 1 5 1 05 0 1 15 Sediment on plants or debris 0 05 1 1 5 1 16 Organic debris lines or piles Wrack lines 0 05 1 1 5 1 17 Soil -based Evidence of high water table? No = 0 Yes = 3 3 Hydrology Subtotal 120 C. Biology 18 Fibrous roots in streambed 3 2 1 0 1 19 Rooted upland plants in streambed 3 2 1 0 3 20 Macrobenthos (note diversity and abundance) 0 1 2 3 0 21 Aquatic Mollusks 0 1 2 3 0 22 Fish 0 0 5 1 1 5 1 23 Crayfish 0 05 1 1 5 1 5 24 Amphibians 0 05 1 1 5 1 5 25 Algae 0 05 1 1 5 0 26 Wetland plants in streambed FACW= 0 75, OBL= 1 5, Other= 0 0 Biology Subtotal 80 * perennial streams may also be identified usinq other methods See paqe 35 of NCDWQ manual Notes Adapted from NCDWQ Methodology for Identification of Intermittent and Perennial Streams and their Ongms (version 4 11) STREAM REACH EVALUATION FORM Date 10/8/14 I Evaluator I NRN Easting 80 6615 W Project Birchwood Commons Perennial RPW E Northing 35 4090 N Total Points: 2 Stream is at least intermittent if > 19 or perennial if > 30* 39.5 (right -click the purple number and left -click Update Field to summarize points) 0 A. Geomorphology Absent Weak Moderate Strong SCORE 1a Continuity of channel bed and bank 0 1 2 3 3 2 Sinuosity of channel along thalweg 0 1 2 3 3 3 In- channel structure riffle- / step- pool sequence 0 1 2 3 3 4 Particle size of stream substrate 0 1 2 3 2 5 Active /relic flood lain 0 1 2 3 0 6 Depositional bars or benches 0 1 2 3 2 7 Recent alluvial deposits 0 1 2 3 0 8 Headcuts 0 1 2 3 2 9 Grade controls 0 05 1 1 5 1 10 Natural valley 0 05 1 1 5 1 5 11 Second or greater order channel No = 0 Yes = 3 0 Geomorphology Subtotal 175 a Man -made ditches are not rated see discussion in NCDWQ Manual B. Hydrology 12 Presence of Baseflow 0 1 2 3 3 13 Iron Oxidizing Bacteria 0 1 2 3 3 14 Leaf litter 1 5 1 05 0 1 5 15 Sediment on plants or debris 0 05 1 1 5 1 16 Organic debris lines or piles Wrack lines 0 05 1 1 5 1 5 17 Soil -based Evidence of high water table? No = 0 Yes = 3 3 Hydrology Subtotal 130 C. Biology 18 Fibrous roots in streambed 3 2 1 0 3 19 Rooted upland plants in streambed 3 2 1 0 3 20 Macrobenthos (note diversity and abundance) 0 1 2 3 0 21 Aquatic Mollusks 0 1 2 3 0 22 Fish 0 05 1 1 5 1 23 Crayfish 0 05 1 1 5 1 24 Amphibians 0 05 1 1 5 1 25 Algae 0 05 1 1 5 0 26 Wetland plants in streambed FACW= 0 75, OBL= 1 5, Other= 0 0 Biology Subtotal 90 * perennial streams may also be identified using other methods See page 35 of NCDWQ manual Notes Adapted from NCDWQ Methodology for Identification of Intermittent and Perennial Streams and their OnIns (version 4 11) APPROVED JURISDICTIONAL DETERMINATION FORM U S Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook SECTION i BACKGROUND INFORMATION A REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD) B DISTRICT OFFICE, FiLE NAME, AND NUMBER Applicant Redwood Acquistion, LLC Site Birchwood Commons Form for Jurisdictional Perennial RPW B, Jurisdictional Perennial RPW E, Jurisdicational Wetland A, Jurisdicational Wetland C, Jurisdictional Wetland D and Jurisdicational Wetland F C PROJECT LOCATION AND BACKGROUND INFORMATION State NC County/parish /borough Cabarrus City Concord Center coordinates of site (lat/long in degree decimal format) Lat 35 4090° N, Long -80 6615° W Universal Transverse Mercator Name of nearest waterbody Coddle Creek Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows Rocky River Name of watershed or Hydrologic Unit Code (HUC) 03040105 Rocky ® Check if map /diagram of review area and/or potential Jurisdictional areas is /are available upon request EJ Check if other sites (e g , offsite mitigation sites, disposal sites, etc ) are associated with this action and are recorded on a different JD form D REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY) ❑ Office (Desk) Determination Date ❑ Field Determination Date(s) SECTION iI SUMMARY OF FINDINGS A RHA SECTION 10 DETERMINATION OF JURISDICTION There Are no navigable waters of the US within Rivers and Harbors Act (RHA) Jurisdiction (as defined by 33 CFR part 329) in the review area [Required] ❑ Waters subject to the ebb and flow of the tide ❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce Explain B CWA SECTION 404 DETERMINATION OF JURISDICTION There Are waters ofthe US within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area [Required] 1 Waters of the U S a indicate presence of waters of U S in review area (check all that apply) i ❑ TNWs, including territorial seas ❑ Wetlands adjacent to TNWs ® Relatively permanent waters (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 881 linear feet 6 width (ft) and /or 0 123 acres Wetlands 0 13 acres c Limits (boundaries) of jurisdiction based on Established by OIIWM Elevation of established OHWM (if known) 2 Non - regulated waters /wetlands (check If applicable) a Boxes checked below shall be supported by completing the appropriate sections in Section III below Z For purposes of this form an RPW is defined as a tributary that is not a TNW and that typically flows year -round or has continuous flow at least "seasonally" (e g , typically 3 months) ❑ Potentially jurisdictional waters and /or wetlands were assessed within the review area and determined to be not jurisdictional Explain ' Supporting documentation is presented in SeLtion III F SECTION iiI CWA ANALYSIS A TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs If the aquatic resource is a TNW, complete Section III A 1 and Section III D 1 only, if the aquatic resource is a wetland adjacent to a TNW, complete Sections III A 1 and 2 and Section III D 1 , otherwise, see Section III B below 1 TNW Identify TNW Summarize rationale supporting determination 2 Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is ` adjacent" B CHARACTERISTICS OF TRIBUTARY (THAT iS NOT A TNW) AND iTS ADJACENT WETLANDS (IF ANY) This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met The agencies will assert jurisdiction over non - navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i e tributaries that typically flow year -round or ha-*e continuous flow at least seasonally (e g , typically 3 months) A wetland that directly abuts an RPW is also jurisdictional if the aquatic resource is not a TNW, but has year -round (perennial) flow, skip to Section III D 2 If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section iII D 4 A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW if the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both If the JD covers a tributary with adjacent wetlands, complete Section III B 1 for the tributary, Section III B 2 for any ons►te wetlands, and Section IIi B 3 for all wetlands adjacent to that tributary, both ons►te and offsite The determination whether a significant nexus exists is determined in Section III C below 1 Characteristics of non -TNWs that flow directly or indirectly into TNW (►) General Area Conditions Watershed size 200suare miles Drainage area 95 acres- - Average annual rainfall 44 inches Average annual snowfall 0 inches (n) Physical Characteristics (a) Relationship with TNW ❑ Tributary flows directly into TNW ® Tributary flows through 2 tributaries before entering TNW Project waters are 4015 river miles from TNW Project waters are 41 (or Iess) river miles from RPW Project waters are 5 -10 aerial (straight) miles from TNW Project waters are I (or less ) aerial (straight) miles from RPW Project waters cross or serve as state boundaries Explain Identify flow route to TNW' On -site, jurisdictional features flow into an unnamed tributary of Coddle Creek, then to Coddle Creek, then to Rocky River (TNW) ' Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West ' Flow route can be described by identifying, e g , tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW Tributary stream order, if known 1 (b) General Tributary Characteristics (check all that apnly) Tributary is ® Natural ❑ Artificial (man -made) Explain ❑ Manipulated (man - altered) Explain Tributary properties with respect to top of bank (estimate) Average width 6 feet Average depth +/ -3 feet Average side slopes 1 Primary tributary substrate composition (check all that apply) ® Silts ® Sands ❑ Cobbles ® Gravel ❑ Bedrock ❑ Vegetation Type /% cover ❑ Other Explain ❑ Concrete ❑ Muck Tributary condition/stability [e g , highly eroding, sloughing banks] Explain Presence of run/riffle /pool complexes Explain Tributary geometry Relatively straight Tributary gradient (approximate average slope) % (c) Flow _ Tributary provides for Seasons Estimate average number of flow events in review area /year 6 -10 Describe flow regime Other information on duration and volume Surface flow is Discrete and confined Characteristics Subsurface flow Unk wno nwno n Explain findings ❑ Dye (or other) test performed Tributary has (check all that apply) ® Bed and banks ® OHWM' (check all indicators that apply) • clear natural line impressed on the bank ❑ • changes in the character of soil ❑ ❑ shelving ❑ ❑ vegetation matted down, bent, or absent ® leaf litter disturbed or washed away ❑ ❑ sediment deposition ❑ ❑ water staining ❑ ❑ other (list) ❑ Discontinuous OHWM' Explain the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community It 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 Imes /changes in vegetation types ❑ tidal gauges ❑ other (list) (in) Chemical Characteristics Characterize tributary (e g , water color is clear, discolored, oily film, water quality, general watershed characteristics, etc ) Explain watercolor is clear -no signs of pollutants Identify specific pollutants, if known 'A natural or man -made discontinuity in the OHWM does not necessarily sever jurisdiction (e g , where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices) Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e g , flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break 'Ibid (iv) Biological Characteristics Channel supports (check all that apply) ® Riparian corridor Characteristics (type average width) Forested /25 -50ft ® Wetland fringe Characteristics Forested wetland areas within abutting RPW floodplams ❑ Habitat for ❑ Federally Listed species Explain findings ❑ Fish/spawn areas Explain findings ❑ Other environmentally - sensitive species Explain findings ❑ Aquatic /wildlife diversity Explain findings 2 Characteristics of wetlands adjacent to non -TNW that flow directly or indirectly into iNW (i) Physical Characteristics (a) General Wetland Characteristics Properties Wetland size acres Wetland type Explain Wetland quality Explain Project wetlands cross or serve as state boundaries Explain (b) General Flow Relationship with Non-TNW Flow is Pick List Explain Wetlands located adjacent to perennial and up and downslope of intermittent channels having flows resulting from precipitation events Surface flow is Pick List Characteristics Subsurface flow Peek List Explain findings ❑ Dye (or other) test performed (c) Wetland Adjacency Determination with Non -TNW ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection Explain ❑ Ecological connection Explain ❑ Separated by berm /barrier Explain (d) Proximity (Relationship) to TNW Project wetlands are— Pick List river miles from TNW Project waters are Pick List aerial (straight) miles from TNW Flow is from R_ckList _ Estimate approximate location of wetland as within the Pick List floodplam (u) Chemical Characteristics Characterize wetland system (e g, water color is clear, brown, oil film on surface, water quality, general watershed characteristics, etc ) Explain Identify specific pollutants, if known (in) Biological Characteristics Wetland supports (check all that apply) ❑ Riparian buffer Characteristics (type, average width) , ❑ Vegetation type /percent cover Explain ❑ Habitat for ❑ Federally Listed species Explain findings ❑ Fish /spawn areas Explain findings ❑ Other environmentally - sensitive species Explain findings ❑ Aquatic /wildlife diversity Explain findings typical wetland species - amphibians, etc 3 Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis Pick List Approximately ( ) acres in total are being considered in the cumulative analysis For each wetland, specify the following Directly abuts9 (Y/N) Size (in acres) Directly abuts9 (Y/N) Size (in acres) Summarize overall biological chemical and physical functions being performed Onsrte wetlands and jurisdictional RPW's provide habitat for herpetofauna and macromvertebrates These wetlands have the capacity to provide nutrients and organic carbon to downstream food webs Wetlands provide flood storage during rain events and ground water recharge during dry periods The wetlands also trap and filter pollutants before reaching seasonal /perennial RPWs on site and Coddle Creek 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 floodplam 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 TNW9 • 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 TNW9 • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream toodwebs9 • Does the tributary in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical or biological integrity of the TN W" Note the above list of considerations is not inclusive and other functions observed or known to occur should be documented below 1 Significant nexus findings for non -RPW that has no adjacent wetlands and flows directly or indirectly into TNWs Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III D 2 Significant nexus findings for non -RPW and its adjacent wetlands, where the non -RPW flows directly or indirectly into TNWs Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III D 3 Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III D D DETERMINATIONS OF JURISDICTIONAL FINDINGS THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY) 1 TNWs and Adjacent Wetlands Check all that apply and provide size estimates m review area ❑ TNWs linear feet width (ft) Or acres ❑ Wetlands adjacent to TNWs acres 2 RPWs that flow directly or indirectly into TNWs ® Tributaries of TNWs where tributaries typically flow year -round are jurisdictional Provide data and rationale indicating that tributary is perennial Perennial RPW Band E show typical morphology and flow of perennial streams for this region and the determination is supported by the accompanying Stream Reach Evaluation Forms Tributaries of TNW where tributaries have continuous flow "seasonally' (e g typically three months each year) are ❑ Tributaries of TNW where tributaries have continuous flow "seasonally' (e g , typically three months each year) are ,jurisdictional Data supporting this conclusion is provided at Section iII B Provide rationale indicating that tributary flows seasonally Provide estimates for, jurisdictional waters in the review area (check all that apply) ® Tributary waters 881 linear feet 6 width (ft) ❑ Other non - wetland waters acres Identify type(s) of waters 3 Non -RPWss that flow directly or indirectly into TNWs ❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is, jurisdictional Data supporting this conclusion is provided at Section III C Provide estimates for jurisdictional waters within the review area (check all that apply) ❑ Tributary waters linear feet width (ft) ❑ Other non - wetland waters acres Identity type(s) of waters Wetlands directly abutting an RPW that flow directly or indirectly into TNWs ® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands ® Wetlands directly abutting an RPW where tributaries typically flow year -round Provide data and rationale indicating that tributary is perennial in Section III D 2, above Provide rationale indicating that wetland is directly abutting an RPW Wetland A and Wetland C are both directly abutting perennial RPW B with no break in jurisdiction Wetland D abuts both perennial RPW B and E with no break in .jurisdiction Wetland F is directly abutting perennial RPW E with no break in jurisdiction ❑ Wetlands directly abutting an RPW where tributaries typically flow ` seasonally " Provide data indicating that tributary is seasonal in Section 111 B and rationale in Section III D 2, above Provide rationale indicating that wetland is directly abutting an RPW Provide acreage estimates tor,jurisdictional wetlands in the review area 0 13 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 tor. jurisdictional wetlands in the review area acres 6 Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdu.tional 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 ❑ Demonstrate that impoundment was created from "waters of the U S " or ❑ Demonstrate that water meets the criteria for one of the categories presented above (1 -6), or ❑ Demonstrate that water is isolated with a nexus to commerce (see E below) E ISOLATED [INTERSTATE OR INTRA- STATE1 WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY) " 'See Footnote # 3 To complete the analysis reter to the key in Section iII D 6 of the Instructional Guidebook 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps /EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos ❑ which are or could be used by interstate or foreign travelers for recreational or other purposes ❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce ❑ which are or could be used for industrial purposes by industries in interstate commerce 0 Interstate isolated waters Explain ❑ Other factors Explain Identify water body and summarize rationale supporting determination Provide estimates for Jurisdictional waters in the review area (check all that apply) ❑ Tributary waters linear feet width (ft) ❑ Other non - wetland waters acres Identity type(s) of waters ❑ Wetlands acres NON - JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY) ❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements ❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce ❑ Prior to the Jan 2001 Supreme Court decision in SWANCC, the review area would have been regulated based solely on the `Migratory Bird Rule" (MBR) ❑ Waters do not meet the `Significant Nexus" standard, where such a finding is required for Jurisdiction Explain ❑ Other (explain, if not covered above) Provide acreage estimates for non - Jurisdictional waters in the review area, where the sole potential basis of Jurisdiction is the MBR factors (i e , presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply) ❑ Non - wetland waters (i e , rivers, streams) linear feet width (ft) ❑ Lakes /ponds acres ❑ Other non - wetland waters acres List type of aquatic resource ❑ Wetlands acres Provide acreage estimates for non - jurisdictional waters in the review area that do not meet the "Significant Nexus' standard, where such a finding is required for Jurisdiction (check all that apply) ❑ Non - wetland waters (i e , rivers, streams) linear feet width (tt) ❑ Lakes /ponds acres ❑ Other non - wetland waters acres List type of aquatic resource ❑ Wetlands acres SECTION IV DATA SOURCES A SUPPORTING DATA Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below) ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant ® Data sheets prepared /submitted by or on behalf of the applicant /consultant ❑ Office concurs with data sheets /delineation report ❑ Office does not concur with data sheets /delineation report ❑ Data sheets prepared by the Corps ❑ Corps navigable waters' study ❑ U S Geological Survey Hydrologic Atlas ❑ USGS NHD data ❑ USGS 8 and 12 digit HUC maps ® U S Geological Survey map(s) Cite scale & quad name ® USDA Natural Resources Conservation Service Soil Survey Citation ❑ National wetlands inventory map(s) Cite name ❑ State /Local wetland inventory map(s) ❑ FEMA /FIRM maps ❑ 100 -year Floodplam Elevation is (National Geodectic Vertical Datum of 1929) ® Photographs ® Aerial (Name & Date) or ❑ Other (Name & Date) ❑ Previous determination(s) File no and date of response letter ❑ Applicable /supporting case law ❑ Applicable /supporting scientific literature ❑ Other information (please specify) B ADDITIONAL COMMENTS TO SUPPORT JD