20081213 Ver 1_401 Application_20080808

08 1 2 1 3
South Tract
City Boulevard
Apartment
Development
Charlotte, Mecklenburg County
North Carolina
Joint Application Form and Supporting Documentation for
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS and NCDENR
Prepared For
Mr. David Neikamp
Crescent Resources, LLC
400 S. Tryon Street
13'h Floor
Charlotte, NC 28285-0107
Direct Phone - [phone]
Fax - [phone]
Prepared By:
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
[phone]
August 8, 2008
12@RflWq91
AUG 1 1 2008
WETLANDS AND WATER QUALITY
ORMWATER BRANCH
Page 1 of 10
Corps Submittal Cover Sheet
Please provide the following info:
1. Project Name
South Tract City Boulevard Apartment Development
2. Name of Property Owner/Applicant: Crescent Resources
3. Name of Consultant/Agent: Leonard S. Rindner, PWS
4
5
6
*Agent authorization needs to be attached.
Related/Previous Action ID number(s): SAW 2007 03358-360 (Temporary Road Crossing)
Site Address: South side of City Boulevard and I-85
Subdivision Name: South Tract City Boulevard Apartment Development
7. City: Charlotte
8. County: Mecklenburg
9. Lat: 35.2931 N Long: 8 0. 7 6 3 9 W (Decimal Degrees Please )
10. Quadrangle Name: Der i t a
11. Waterway: UT of Doby Creek
12. Watershed: Yadkin HUC 03040105
13. Requested Action:
X Nationwide Permit # 29
General Permit #
_ Jurisdictional Determination Request
Pre-Application Request
The following information will be completed by Corps office:
AID:
Prepare File Folder Assign number in ORM
Authorization: Section 10 Section 404
Project Description/ Nature of Activity/ Project Purpose:
Begin Date
Site/Waters Name:
Keywords:
LEONARD S. RINDNER. PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
October 11, 2007
Mr. David Niekamp
Crescent Resources, LLC
400 S. Tryon Street, 13"' Floor
Charlotte, NC 28285-0107
RE: I 85/City Boulevard Commercial Project, Charlotte, Mecklenburg County, NC
Dcar David:
In order to interface with the United States Army Corps of Engineers and the North
Carolina Department of Natural Resources I will need your authorization. Please sign the
following statement:
This letter authorizes Leonard S. Rindner, PWS as our firm's agent in matters related
to Waters of the U .S. and Waters of North Carolina for the referenced project site. This
includes interfacing with the United States Army Corps of Engineers and the North
Carolin artment N ral Resources.
/L Z4
Olt If
Name Date
Please contact me if you have any questions or require additional explanation. Thank
you. Z--) l-1
S. Rindner, PWS
Environmental Planning Consultant
Profession Wetland Scientist
Office Use Only' Form Version March 05
08 1 2 1 3
USACE Action ID No. DWQ No.
(If any particular item is not applicable to tms project, please enter 1`40L tlpplWUMU vt ,?..1
1. Processing
PA I
1. Check all of the approval(s) requested for this project: W+01.1' _
X Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
X 401 Water Quality Certification* ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit #29
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: NA
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Telephone Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Leonard S. Rindner PWS
Company Affiliation: Leonard S Rindner PLLC Wetlands and Environmental Planning Group
Mailing Address: 3714 Spokeshave Lane
Matthews NC 28105
Telephone Number: 704 904 2277 Fax Number: 704 847 01 85
E-mail Address: len.rindner.pws q)gmail.com
Mr. David Niekamp
Crescent Resources, LLC
400 S. Tryon Street
13`h Floor
Charlotte, NC 28285-0107
Direct Phone - [phone]
Fax - [phone]
Fax Number:
QR c?9 aeI N DD
AUG 1 I 2008
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Page 2 of 10
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than I1 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: South Tract City Boulevard Apartment Project
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Mecklenburg Nearest Town: Charlotte
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): Exit 43 off I-85 and City
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.2931°N 80.7639 °W
6. Property size (acres): 40.8 Acres
7. Name of nearest receiving body of water: UT of Doby Creek
8. River Basin: Yadkin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Disturbed urban site; currently mass graded grade; former
disturbed timbered site or abandoned agricultural area in mid-succession; Highway related
development; commercial; offices, roadways.
Page 3 of 10
10. Describe the overall project in detail, including the type of equipment to be used: The
proposed multi-family residential project will include buildings andrelated facilities, parking,
and stormwater management. Access is required across the stream to develop the project.
Heavy construction equipment will be utilized.
11. Explain the purpose of the proposed work: Construct a road crossing to develop upland
areas of the site for a multi-family residential project.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. A wetland and stream delineation was conducted for the site and utilized
planning purposes and was verified by the USACE in June, 2006. Adjustment were made in the
planning process to limit the impacts to important intermittent streams to one crossing and
minimize those impacts to less than 150 linear feet. Project plans include stormwater
management facilities based on 401 WQC requirements.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Additional permits are not anticipated. If additional impacts are required, a PCN will be
submitted as required.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Impacts are limited to a single
road crossing. The remaining stream will be preserved in common open space An
Page 4 of 10
approximate average buffer of 25' from the top of the bank will be maintained along the
remaining streams.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
+ 1.. 1;,+ ;--+o Arne to hntb etrnrtnre and flnntjinu
Wetland Impact

Site Number
(indicate on map)

Type of Impact Type of Wetland

(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)

3. List the total acreage (estimated) of all existing wetlands on the property: Approx..50 acres
of streams - wetlands were not identified
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on map)
Stream Name
Type of Impact
Intermittent? Perennial t? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
1 UT of Doby Creek NWP 29 Imp. Int. 6' 1401f .03
2 UT of Doby Creek NWP #29 Unimp. Int 3' 110 if .01

Total Stream Impact (by length and acreage) 250 if .04
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Page 5 of 10
Open Water Impact
Site Number
(indicate on map) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.04 ac
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres) 0.04 ac
Total Stream Impact (linear feet): 250 if
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes X No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Off - line stormwater management facilities are
proposed
Current land use in the vicinity of the pond:
Size of watershed draining to pond: 23.6 acres Expected pond surface area: 2.5 acres
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Page 6 of 10
Impacts are limited to a road crossing to provide access to the proposed multi-family residential
areas and a small impact to an intermittent stream The remaining stream will be preserved.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmt,,,ide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The remaining streams are preserved in natural common open space areas. Imppacts are
limited to a road crossing with impacts less than 150 linear feet of important or perennial
streams.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
Page 7 of 10
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No x
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3 (2 for Catawba)
2 1.5
Total
Page 8 of 10
* Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 213.0242 or.0244, or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater
controls proposed in order to protect surface waters and wetlands downstream from the property. If
percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed
impervious level.
The site runoff will be collected detainted and treated in two separate wet detention basins.
These basins will be designed to achieve 85% TSS removal for the entire post-development
runoff volume for the runoff generated from the first 1-inch of rainfall. The basins will control
the entire volume for the 1-year, 24-hour storm and volume drawdown time will be a
minimum of 24 hours and a maximum of 120 hours. The basins will also control the peak
to match the predevelopment runoff rates for the 10-year and 25-year, 6-hour storms.
Stormwater plans and calculations will be prepared and submitted to the City of Charlotte for
review and approval when this site is developed.
Pond Size - +/- 1.5 acres (pond south of the stream)
Pond Size - +/- 1.0 acres (pond north of the stream)
Area Treated - +/- 23.6 acres
Proiect Size - +/- 40.8 acres
A stormwater management plan is proposed for the project and will be submitted to NCDENR for
approval. The attached plan indicates approximate locations of the stormwater treatment facilities.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Municipal facilities - CWD
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application? Yes ? No X
Page 9 of 10
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No X
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
The project is being d_eveloped at the intersection of Exit 43 and City Boulevard and other new
roadway improvements The project site is subject to stormwater management requirements from
the City of Charlotte and NCDENR as a result of the 401 WQC required for the project.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threat9ql Species, accessibility problems, or other issues outside of the applicant's control).
as
Applicant/Agent's Signature /bate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 10 of 10
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USGS Derita (NC) Topo Map Quad
HUC: 03040105 APPROXIMATE SITE LOCATION
APPROXIMATE WATERS OF THE US
MAP IS FOR St IRVF:Y AND STUDY PURPOSES ONLY
(VI?ItII 1!I1 ii? l ? VC'I!r,-'il?lr,?
CITY BOULEVARD (SOUTH)
WETLAND AND STREAM DELINEATION
(VERIFIED BY USACE 6-2006)
07-02-08
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DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Mr. David Niekamp Crescent Resources, LLC 400 S. Tryon Street 13th Floor Charlotte, NC 28285-0107
Project/Site: City Blvd (South) Date: 5-26-06
Applicant/Owner: ,H..°J County: Mecklenburg
Investigator: Todd Warren & Nick Nelson State: NC
Do Normal Circumstances Exist on the site? ? Yes No Community ID : upland poiq
Is the site significantly disturbed (Atypical Situation)? Yes No ? Transect ID:
Is the area a potential Problem Area? Yes No ? Plot ID:
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Acer rubra Tree FAC 9.
2, Liriodendron tulipifera Tree FAC 10
3 11.
4 Pueraria spp Vine NI 12.
5. 13. _
6. _ 14. _
T 15.
8. 16.
Percent of Dominant Species that are OBL. FACW or FAC
(excluding FAC-). 100% FAC
Remarks:
HYDROLOGY
? Recorded Data (Describe in Remarks): Wetland hydrology Indicators:
Stream. Lake. or Tide Gauge Primary Indicators:
? Aerial Photographs Inundated
? Other Saturated in Upper 12 Inches
_ No Recorded Data Available Water Marks
Drift Lines
Sediment Deposits
IFfeld Observations: Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Depth of Surface Water: N/A On.) Oxidized Root Channels in Upper 12"
Water-Stained Leaves
Depth to Free Water in Pit: N/A (in.) Local Soil Survey Data
FAC-Neutral Test
Depth to Saturated Soil., N/A (in.) Other (Explain in Remarks)
Remarks:
SOILS
Map Unit Name
(Series and Phase): CeD2 - Cecil sandy clay loam, 8-15% slopes Drainage Class: Well drained
Field Observations
Taxonomy (Subgroup): Confirm Mapped Type? /Yes No
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
inches Horizon (Munseil Moist) (Munsel! Moist) Abundance/Contrast Structure, etc.
0-8 A 5YR 5/6 N/A CLAY LOAM
8-16 B 2.5YR 5/8 N/A LOAMY CLAY
Hydric Soil Indicators:
_ Histosol _ Concretions
_ Histic Epipedon _ High Organic Content in Surfa ce Layer Sandy Soils
_ Sulfidic Odor _ Organic Streaking in Sandy Soils
- Aquic Moisture Regime _ Listed on Local Hydric Soils List
_ Reducing Conditions _ Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors - Other (Explain in Remarks)
Remarks:
IL-
-
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes No ?/ (Circle) (Circle)
Wetland Hydrology Present? Yes No
Hydric Soils Present? Yes No Is this Sampling Point Within a Wetland? Yes No,/
Remarks:
Aooroved by
S - STREAM
North Carolina Division of Water Quality - Stream Identification Form; Version 3.1
[}ate: 5 -2r, -o, Project: CITY E VD isouTx; Latitude: -+s 1 z,? N
Evaluator: TODD WARREN
Site:
Longitude: 80' 46013" w
I IMal l'OtnLs: I Other -JSG7 DeriLa (N:)
Stream is at least intenynidfent 19 County: MECKI,RNRURG
if 2 19 or nerenr;W if 2 34 e. g. Quad Name:
A. Geomorphology (subtotal = Absent Went Moderate Strong
1a. Continuous bed and bank 0 1 2 3
2. Sinuosity 0 1 2 3
3_ In-channel structure: riffle-pool sequence 0 1 2 3
4. Soil texture or stream substrate sorting 0 1 2 3
5_ Activelrelic floodplain o 1 2 3
6. Depositional bars or benches 0 2 3
7. Braided channel 0 1 2 3
8. Recent alluvial deposits 0 1 2 3
9 a Natural levees 0 1 2 3
10. Headcuts 0 1 ' 3
11. Grade controls 0 1 1.5
12. Natural valley or drainageway 0 0.5 1 LLU
13. Second or greater order channel on existing
USGS or NRCS map or other documented
evidence.
No = 0
Yes = 3
Man-made ditches are not rated: see discussions in manual
R Hvrirnlnnv fSiihtntal = 7 1
14. Groundwater flowidischarge 0 2 3
15. Water in channel and > 48 hrs since rain, or
Water in channel -- d or growing season 0 1 2 3
16. Leaflitter 175 1 0.5 D
17. Sediment an plants or debris 0 0.5 1 1.5
18. Organic debris lines or piles (Wrack lines) 0 0.5 1 1.5
19. Hydric soils (redoximorphic features) present? No = 0 Yes = 1.5
C Bloloav (Subtotal= 3 )
20b. Fibrous roots in channel 3 2 1 D
21 D. Rooted plants in channel 3 2 1 D
22. Crayfish 0 0.5 1 1.5
23. Bivalves 0 1 2 3
24. Fish 0 0.5 1 1.5
25. Amphibians 0 1 1.5
26. Macrobenthos (note diversity and abundance 0.1; J.r
27. Filamentous algae; periphyton 0 1 2 3
28. Iron oxidizing bacterialtungus_ 0 0.5 1 1.5
29 D. Wetland plants in strearmbed FAC = 0.5: FACW = 0.75; OBL = 1.5 SA'v' = 2.0; Other = 0
" hems 20 and 21 focus on the presence of upland plants. Item 28 focuses on the presence of aquatic or wetland plants
Sket&,
Notes- (use pack side of this form for aaditional notes.)
Mr. Davi3 ldiek.amp, CrCscenL Resources, 1I,C
100 $ _TVOI c7L`°=et
13L It Floor
CharloLL-:, NC 28287-01.07
T -- STREAM
North Carolina Division of Water Quality - Stream Identification Form; Version 3.1
Date: 5- -a Project: CITY ELVC rSOUTH; Latitude: 3s' 17.237° N
Evaluator: TOED WARREN Site,. Longitude: 80' 46 . 013 ' W
Total Points: Other ;JSC;s neril.a (N-''
Stream is at teaw intermittent 31 County: MR1_Y,7 ,RNRURG a Quad Name:
ffz 19 orperennisl+f? 30
A. GeamO hold (Subtotal= Absent weak Moderate Stronq
1 a. Continuous bed and bank 0 1 ? 3
2 Sinuosity 0 1 2 3
3, In-channel structure: riffle-pool sequence 0 1 2 3
4. Soil texture or stream substrate sorting 0 1 ? 3
5_ Active(reiic floodplain 0 1 2 3
6- Depositional bars or benches 0 2 3
7 Braided channel 0 1' 2 3
8- Recent alluvial deposits 1 (31 1 2 3
9 a Natural levees 0 1 2 3
10_ Headcuts 0 1 2 3
11. Grade controls 0 0.5 1 1.5
12. Natural valley or drainageway 0 0.5 1
13. Second or greater order channel on existing
USGS or NRCS map or other documented
evidence.
No = 0
es =
Man-made ditches are not rated: see discussions in manual
R L-I?rr?rnl?n?? (CZA11N>fn4nl = R ti
14. Groundwater flow(discharge 0 1 2 3
15. Water in channel and > 48 hrs since rain, or
`hater in channel -- d or growing season 0 1 2 3
16. Leaflitter 1.5 1 0.5 0
IT Sediment on punts or debris 4 -51 1 1 1.5
18. Organic debris lines or piles (Wrack lines) 0 0.5 1 1'5
19- Hydric soils fredoximorphic features} present? No = 0 Yes = 1-5
r Rininnv (qr rhtnt?t = r r, 1
20 . Fibrous roots in channel 3 2 1 0
21 D.
Rooted plants in channel
3
2
1
0
-2. Crayfish 0 0.5 1 1.
23. Bivalves 0 1 2 3
24. Fish 0 0.5 1 1.5
25. Amphibians 0 0.`• 1 1
26. Macrobenthos (note diversity and abundance) 0 0.5 1 1.?•
27. Filamentous algae; penphyton 0 1 ? 3
28. Iron oxidizing bacteriatfungus 0 0.5 1 1.5
29 . 01_tland plants in streambed FAC = 0.5: FAC'W = 0.75: OBL = 15 SA': = 2.0 Other = ,a
Items 20 and 21 focus on the presence of upland plants. Item 29 focuses or. the presence of anuat+c or wetland plants
Sketch
Notes- {use oack side o`this fo-m to, additional notes.)
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Soil Map-Mecklenburg County, North Carolina
Map Unit Legend
Mecklenburg County, North Carolina (NC119)
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI
CeB2 Cecil sandy clay loam, 2 to 8 85.8 43.1%
percent slopes, eroded
CeD2 Cecil sandy clay loam, 8 to 15 18.0 9.0%
percent slopes, eroded
CuB Cecil-Urban land complex, 2 to 16.1 8.1%
8 percent slopes
EnB Enon sandy loam, 2 to 8 percent 28.0 14.1%
slopes
EnD Enon sandy loam, 8 to 15 30.1 15.1%
percent slopes
MeB Mecklenburg fine sandy loam, 2 0.1 0.0%
to 8 percent slopes
MO Monacan loam 15.7
- - 7.9%
Ur Urban land 5.2 2.6%
Totals for Area of Interest (AOI) 199.1 100.0%
Natural Resources Web Soil Survey 2.0 7/2/2008
Conservation Service National Cooperative Soil Survey Page 3 of 3
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 1: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 07-30-08
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
ASHEVILLE REGULATORY FIELD OFFICE
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Applicant:
Mr. David Niekamp
Crescent Resources, LLC
400 S. Tryon Street
13th Floor
Charlotte, NC 28285-0107
C. PROJECT LOCATION AND BACKGROUND INFORMATION: City Blvd - South
State:NC County/parish/borough: Mecklenburg City: Charlotte
Center coordinates of site (lat/long in degree decimal format): Lat. 35.2931 ° , Long. 80.7639°
Universal Transverse Mercator: 17
Name of nearest waterbody: Doby Cr.
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Rocky River
Name of watershed or Hydrologic Unit Code (HUC): 03040105
M 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): 7-2-08
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]
0 Waters subject to the ebb and flow of the tide.
Q 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):
Q TNWs, including territorial seas
Wetlands adjacent to TNWs
Relatively permanent waters` (RPWs) that flow directly or indirectly into TNWs
E] Non-RPWs that flow directly or indirectly into TNWs
E 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
' Boxes checked below shall be supported by completing the appropriate sections in Section III below.
For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
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: I0001inear feet: 4width (ft) and/or acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: P987_De1irtmfion Manual
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):;
Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
a Supporting documentation is presented in Section III.F.
SECTION 111: 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 IILD.I. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.I.; otherwise, see Section I II.B below.
1. TN W
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the 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 II I.B.I for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section IILC below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 1420 square-m4es
Drainage area: 50 acres
Average annual rainfall: 44 inches
Average annual snowfall: 3 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
? Tributary flows directly into TNW.
® Tributary flows through 4 tributaries before entering TNW.
Project waters are 5-10 river miles from TNW.
Identify flow route to TN W5: Unnamed Cr. to Doby Cr. to Mallard Cr. to Rocky River.
Tributary stream order, if known:
Project waters are 1 (or less) river miles from RPW.
Project waters are 5-10 aerial (straight) miles from TNW.
Project waters are 1 (or less) aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Note that the Instructional Guidebook contains additional in('oimation regarding swales, ditches, washes, and erosional features generally and in the grid
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 (lows into ['NW.
(b) General Tributary Characteristics (check all that apply):
Tributary is: ® Natural
? Artificial (man-made). Explain:
? Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: 4 feet
Average depth: 10 feet
Average side slopes:
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): 5 %
(c) Flow:
Tributary provides for:
Estimate average number of flow events in review area/year: 21) (or;greater)
Describe flow regime: Perennial flow.
Other information on duration and volume:
Surface flow is:
Characteristics:
Subsurface flowtltuvvn. Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
MOH WM6 (check all indicators that apply):
® clear, natural line impressed on the bank ?
® changes in the character of soil
® shelving ?
® vegetation matted down, bent, or absent
? leaf litter disturbed or washed away ?
® sediment deposition
® water staining ?
? other (list):
? Discontinuous OHWM. Explain:
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
High Tide Line indicated by: ? Mean High Water Mark indicated by:
? oil or scum line along shore objects ? survey to available datum;
? fine shell or debris deposits (foreshore) ? physical markings;
? physical markings/characteristics ? vegetation lines/changes in vegetation types.
? tidal gauges
? other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain: Water color clear.
Identify specific pollutants, if known: Sediment runoff from previous construction.
"A natural or man-made discontinuity in the O11 W M does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the Of I W M has been removed by development or agricultural practices). Where there is a break in the Of I W M that is unrelated to the watcrbody's now
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
? Riparian corridor. Characteristics (type, average width):
? Wetland fringe. Characteristics:
® Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
® Aquatic/wildlife diversity. Explain findings: Amphibians observed.
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Pick List. Explain:
Surface flow is:tjlrG„e?
Characteristics:
Subsurface flow Otk7?? Explain findings:
? Dye (or other) test performed:
(c) Wetland Adiacencv 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: Pick List.
Estimate approximate location of wetland as within the Pick List floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
? Riparian buffer. Characteristics (type, average width):
? Vegetation type/percent cover. Explain:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
3. Characterisdcs of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick List
Approximately ( ) acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity 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 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 I 11. 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 111.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
? TNWs: linear feet width (ft), Or, acres.
? Wetlands adjacent toTNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial:
? Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
® Tributary waters: 1000 linear feet4width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
Non-RPWs8 that flow directly or indirectly into TN Ws.
Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
[] Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates forjurisdictional wetlands in the review area: acres.
Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
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-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):"
which are or could be used by interstate or foreign travelers for recreational or other purposes.
from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
? which are or could be used for industrial purposes by industries in interstate commerce.
Interstate isolated waters. Explain:
? Other factors. Explain:
Identify water body and summarize rationale supporting determination:
'See Footnote # 3.
' To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA,jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act./uri.sdiction Following Rapanos.
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
Wetlands: acres.
NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within the review 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 soles on the
"Migratory Bird Rule" (MBR).
Q 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 ofjurisdiction 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):
Q Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
Lakes/ponds: acres.
Q 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):
rl Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Delineation maps.
Data sheets prepared/submitted by or on behalf of the applicant/consultant.
? Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.
[] Data sheets prepared by the Corps:
Corps navigable waters' study:
U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
? USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000 USGS Derita (NC).
USDA Natural Resources Conservation Service Soil Survey. Citation:http://websoiIsurvey.nres.usda.gov.
? National wetlands inventory map(s). Cite name:
? State/Local wetland inventory map(s):
FEMA/FIRM maps:
? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: ® Aerial (Name & Date): Mecklenburg GIS (Polaris) 2007.
or ? Other (Name & Date):
Previous determination(s). File no. and date of response letter:
Applicable/supporting case law:
Applicable/supporting scientific literature:
Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2007-03358-360 County: Mecklenburg USGS Quad: Derita
GENERAL, PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Crescent Resources, LLC, Attn: David Niekamp
Address: 400 S. Tryon St., 13th Floor
Charlotte, NC 28285-0107
Telephone No.:
Size and location of property (water body, road name/number, town, etc.): I8510ty Boulevard
Commercial aroiect located on a 35 acre tract at the intersection of Exit 43 and I-85 at City
Boulevard; in Charlotte
Description of projects area and activity: Install a temporary culverted stream crossing on an
intermittent. UT-Doby Creek impacting 60 LF of stream channel. The crossing will be removed
and the stream channel restored to original condition immediately following construction.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 33
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
arc 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 Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/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 Steve Chapin at 828-271-7980.
Corps Regulatory Official Steve Chapin Date: October 30, 2007
Expiration Date of Verification: October 30, 2009
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