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HomeMy WebLinkAbout20191349 Ver 1_USACE PCN 100319 _Compiled_20191004Preliminary ORM Data Entry Fields for New Actions SAW – 201 BEGIN DATE [Received Date]: Prepare file folder Assign Action ID Number in ORM 1.Project Name [PCN Fm A2a]: 2.Work Type: Private Institutional Government Commercial 3.Project Description / Purpose [PCN Form B3d and B3e]: 4.Property Owner / Applicant [PCN Form A3 or A4]: 5.Agent / Consultant [PCN Form A5 – or ORM Consultant ID Number]: 6.Related Action ID Number(s) [PCN Form B5b]: 7.Project Location - Coordinates [PCN Form B1b]: 8.Project Location - Tax Parcel ID [PCN Form B1a]: 9.Project Location – County [PCN Form A2b]: 10.Project Location – Nearest Municipality or Town [PCN Form A2c]: 11.Project Information – Nearest Waterbody [PCN Form B2a]: Authorization: Section 10 Section 404 Section 10 & 404 Regulatory Action Type: Standard Permit Nationwide Permit # Regional General Permit # Jurisdictional Determination Request Pre-Application Request Unauthorized Compliance Revised 20150602 Cannon Run ✔ PCN and AJD Request for a mixed use development Charlotte Real Estate Development Leonard S. Rindner, PLLC / WEPG 35.4345N/-80.7302W - NW of intersection of Harris Rd & Odell School Rd, Concord, NC numerous parcels - please refer to attached parcel map. Cabarrus Concord Rocky River 03040105 - Rocky ✔ ✔29, 39 ✔ 1 October 3, 2019 Ms. Catherine Janiczak U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Asheville, NC 28801-5006 Mr. Alan Johnson NCDEQ Division of Water Resources 610 East Center Street, Suite 301, Moorseville, NC 28115 Ms. Karen Higgins NCDEQ Division of Water Resources Wetlands & Storm Water Branch 512 North Salisbury Street, Raleigh, NC 27604 Mr. Byron Hamstead U.S. Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street, Asheville, NC 28801 Mses. Janiczak and Higgins, and Messrs. Johnson, and Hamstead, Enclosed is a Preliminary Jurisdictional Determination request and Pre-Construction Notification for Nationwide Permits # 29 & 39 for the approximate 128.5 -acre site known as the Cannon Run site located northwest of the intersection of Harris Rd and Odell School Rd in Concord, NC. The current project area is a proposed mixed use development and consists of fourteen streams and fifteen wetlands. Additionally, there are two non-jurisdictional ponds excavated in upland landscape positions and one isolated, non-jurisdictional wetland. The site has been field verified by Alan Johnson (NCDEQ) on 6/14/18 and 10/9/18. A pre-application site meeting was conducted on 10/31/18 during which the current site conditions for the commercial section of the 2 project were field-verified by Catherine Janiczak and Scott Jones (USACE). Please refer to the Jurisdictional Determination section for updated information on onsite surface waters. As shown on the attached exhibits, the proposed project will include permanent impacts to four wetlands and three streams for fill associated with a road crossing, lot fill and grading in addition to minor temporary impacts to one stream for the installation of a sanitary sewer to serve the proposed residential development. Overall impacts to site surface waters associated with the proposed development were limited through site selection location, design, location/orientation of the proposed lots and access routes. Due to the location of the features in relation to existing roads and municipal infrastructure, opportunities to completely avoid these features were limited. The total permanent wetland impacts proposed include 0.069 ac of wetland (Wetlands A, PP, CCC & DDD). The total permanent stream impacts proposed include 572 lf of stream channel (Streams AAA, BBB, and AJ-AJS-AJSS). Efforts of impact minimization were implemented during the design to preserve the existing channel hydrology and limit adverse effects to existing, onsite natural habitat. Large headwalls will be used for the residential road crossing and sidewalks have been pulled in to the maximum extent in order to keep the crossing as narrow as possible and avoid the need for additional rip rap. Additional retaining walls and 2:1 slopes are used throughout the site where practicable to avoid additional impacts to streams and wetlands. A catchment will direct runoff to the head of stream AAA to maintain hydrology just below the grading impact. One temporary open cut for a sewerline installation will be restored to pre-existing conditions per the attached stream stabilization detail. The applicant has demonstrated substantial avoidance and minimization efforts in which 91% of the 6,334 linear feet of stream channels and 93.4 % of the 1.05 ac of wetlands onsite will be avoided on the project. The applicant requests a waiver for 397 linear feet of impacts to streams AJ, AJS, and AJSS. These features are a series of disconnected intermittent stream segments separated by non- jurisdictional swales, as field-verified by the USACE (Catherine Janiczac and Scott Jones) on 10/31/18. These features bisect the portion of the site slated for commercial development and are unavoidable due the constraints imposed by commercial construction requirements (i.e. flat grades for commercial buildings, pedestrian/handicap requirements, heavy truck access routes, etc.) The attached NCSAM indicates that these stream segments are of relatively low functional quality characterized by relatively low hydrological connectivity with limited aquatic habitat opportunity. Please see the enclosed assessment form for matrix scores and overall functional ratings derived from the NCSAM. Additional forms and photographs of these features are provided in the Waiver Request Study section of the permit application. To compensate for the anticipated permanent impacts, the applicant is proposing payment to the NCDMS at a 0.5: 1 ratio for 397 lf of discontinuous intermittent stream segments, a 1:1 ratio for 50 linear feet of intermittent warm water stream and a 2:1 ratio for 125 linear feet of perennial warm water stream. Please refer to the enclosed conditional acceptance letter from NCDMS. 3 Also enclosed is a copy of our Threatened/Endangered Species Evaluation for the site. No listed species were identified within the project area and we believe that there will be no effect on listed species or their critical habitat as designated under Section 7 of the Endangered Species Act. Please refer to the Threatened and Endangered Species Evaluation Section for additional details on the terrestrial species evaluation. Thank you for your consideration and please contact me if you have any questions, (336) 554-2728 or email at daniel.kuefler@wetlands-epg.com. Sincerely, Daniel Kuefler Len Rindner, PWS Environmental Scientist Principal Permit Application Permit Application Page 1 of 10 PCN Form – Version 1.4 January 2009 Office Use Only: Corps action ID no. _____________ DWQ project no. _______________ 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: Section 404 Permit Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? Yes 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 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: Yes No For the record only for Corps Permit: Yes No 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 No 1g. Is the project located in any of NC’s twenty coastal counties. If yes, answer 1h below. Yes No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No 2. Project Information 2a. Name of project: 2b. County: 2c. Nearest municipality / town: 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Cannon Run Cabarrus Concord Rocky River Crossing, LLC Please see attached parcel map 4350 Main Street, Ste 201 Harrisburg, NC, 28975 29,39 Page 2 of 10 4. Applicant Information (if different from owner) 4a. Applicant is: Agent Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Mark Swartz Charlotte Real Estate Development 4350 Main Street, #201 Harrisburg, NC 28075 704-454-7807 mswartz@cltres.com Daniel Kuefler Leonard S. Rindner, PLLC - Wetlands & Environmental Planning Group 10612-D Providence Road, PMB 550 Charlotte, NC 28227 336-554-2728 daniel.kuefler@wetlands-epg.com Developer Page 3 of 10 PCN Form – Version 1.4 January 2009 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1b. Site coordinates (in decimal degrees): Latitude: Longitude: 1c. Property size: acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: 2b. Water Quality Classification of nearest receiving water: 2c. River basin: 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: 3b. List the total estimated acreage of all existing wetlands on the property: 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3d. Explain the purpose of the proposed project: 3e. Describe the overall project in detail, including the type of equipment to be used: 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 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. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? Yes No Unknown 5b. If yes, explain in detail according to “help file” instructions. 6. Future Project Plans 6a. Is this a phased project? Yes No 6b. If yes, explain. Please refer to attached parcel map. -80.7302 128.5 Rocky River C 03040105 - Rocky The site is a mosaic of partially rough graded land and wooded slopes. There are numerous dirt roads and trails lacing the site and it is disturbed throughout. There is roadside frontage along Hwy 73, Odell School Road and Harris Road. Two unnamed tributaries to Rocky River flow southwest through the site. General land use in the vicinity is a mixture undeveloped land and residential/ commercial developments. 1.05 The project consists of one road crossing, grading, fill & sewer installation for a residential development. Excavation and grading of the site will use standard equipment - excavator, dump trucks, track hoe, etc. WEPG An Approved Jurisdictional Determination is requested as part of this PCN package. The site was field-verified by Alan Johnson (NCDEQ) on 10/9/19. The northern portion of the site was field-verified by Catherine Janiczak & Scott Jones (USACE) on 10/31/18. A 35.4345 6,334 See comment below Nic Nelson Page 4 of 10 PCN Form – Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): Wetlands Streams – tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 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 W2 W3 W4 W5 W6 2g.Total Wetland Impacts: 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 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 S2 S3 S4 S5 S6 3h. Total stream and tributary impacts 3i. Comments: Fill Bottomland Hardwood Forest Yes Corps 0.061 Yes Corps 0.005 Yes Corps 0.002 Yes Corps 0.0008 Yes/No - Yes/No - 0.0688 Permanent impacts include Wetland A (0.061 ac), Wetland PP (0.005 ac), Wetland CCC (0.002 ac), & Wetland DDD (0.0008 ac). An additional 0.09 ac of permanent impacts to non-Jurisdictional isolated wetland X are not included in the table above. Culvert Stream BBB PER DWQ 5 125 Stream BBB 5 40 Stream AJ-AJS-AJSS 2 397 Stream AAA 3 50 Steam AAA 3 20 Stream BB 5 40 672 A waiver is requested for impacts to intermittent streams AJ, AJS, & AJSS. These are a series of disconnected intermittent stream segments with a hydrology primarily driven by flashy overland flow. Impacts to these features (397 lf) are unavoidable due to the engineering and design constraints of the commercial development. Please refer to the cover letter and Waiver Study section enclosed for more details. P P P P - - Fill Fill Fill Choose one Choose one Bottomland Hardwood Forest Bottomland Hardwood Forest Bottomland Hardwood Forest Choose one Choose one P T P P T T Dewatering Fill Fill Dewatering Excavation PER INT INT INT PER DWQ DWQ DWQ DWQ DWQ Page 5 of 10 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 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) O1 O2 O3 O4 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) 5a. Pond ID number 5b. Proposed use or purpose of pond Flooded Filled Excavated Flooded Filled Excavated P1 P2 5f.Total: 5g. Comments: 5h. Is a dam high hazard permit required? Yes No If yes, permit ID no: 5i. 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 B2 B3 B4 B5 B6 6h.Total Buffer Impacts: 6i. Comments: Choose one Choose 0.231 ac of permanent impacts to non-jurisidictional, isolated open water pond Y are not listed in the above table. Choose one Yes/No - - - - Choose one Choose one Choose one Choose Choose Choose Choose one - - - - - - Yes/No Yes/No Yes/No Yes/No Yes/No ) Page 6 of 10 PCN Form – Version 1.4 January 2009 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. 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 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 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: Type: Type: 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: 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. Due to the location of the on site streams and wetland, opportunities to avoid these areas were limited. Impacts to site surface waters associated with the proposed development were limited through site selection, location, design, & location/orientation of the proposed lots and access routes. Headwalls and 2:1 slopes are used throughout the site where practicable to avoid additional impacts to streams and wetlands. The impacts to streams AJ, AJS, & AJSS are unavoidable to due the constraints imposed by commercial construction requirements (i.e. flat grade & access requirements). Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances. Large headwalls and 2:1 & 3:1 slopes are proposed to keep the road crossing as narrow as possible and avoid the need for additional riprap. A catchement will direct runoff to the top of stream AAA to maintain hydrology below the minimal impact. One temporary open cut for a sewerline installation will be restored to pre-existing condition per the attached stream stabilization detail. 572 warm Proposed ratios are 0.5:1 for discontinuous intermittent stream, 1:1 for intermittent stream, and 2:1 for perennial stream impacts. Choose one Choose one Choose one Page 7 of 10 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) – required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f.Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 8 of 10 PCN Form – Version 1.4 January 2009 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No 1b. 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? % 2b. Does this project require a Stormwater Management Plan? 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: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government’s jurisdiction is this project? 3b. Which of the following locally-implemented stormwater management programs apply (check all that apply): Phase II NSW USMP Water Supply Watershed Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? Yes No 4. DWQ Stormwater Program Review 4a. Which of the following state-implemented stormwater management programs apply (check all that apply): Coastal counties HQW ORW Session Law 2006-246 Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? Yes No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? Yes No 5b. Have all of the 401 Unit submittal requirements been met? Yes No 49 Storm water on the site will be handled by facilities shown on the attached plans. The stormwater plan has not yet been submitted to the City of Concord but will be designed to meet their criteria. City of Concord City of Concord Page 9 of 10 PCN Form – Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes No 1b. 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 (North Carolina) Environmental Policy Act (NEPA/SEPA)? Yes No 1c. 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.) Comments: Yes No 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, or Riparian Buffer Rules (15A NCAC 2B .0200)? Yes No 2b. Is this an after-the-fact permit application? Yes No 2c. If you answered “yes” to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes No 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. 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 sewer lines. Page 10 of 10 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? Yes No 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? 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? Yes No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 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 status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? Yes No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? Applicant/Agent's Printed Name _______________________________ Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Date A threatened/Endangered species assessment was conducted in which no species were identified. Habitat does exist for the Northern Long Eared Bat but the project is exempt as noted in the included T&E report. No essential fish habitat in this region. SHPO's website: http://gis.ncdcr.gov/hpoweb/ https://gis.cabarruscounty.us/mycabarrusgis; www.fema.gov - Daniel Kuefler 10-03-2019 Daniel Kuefler Digitally signed by Daniel Kuefler DN: cn=Daniel Kuefler, o=WEPG, ou, email=daniel.kuefler@wetlands- epg.com, c=US Date: 2019.10.03 12:06:30 -04'00' Property Owner Interested Buyer* / Other* Date * The Interested Buyer/Other acknowledges that an agreement and/or formal contract to purchase and/or 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. Cannon Run NW of Harris Rd & Odell School Rd. See Map Exhibit Charlotte Real Estate Development 4350 Main St, Suite 220, Harrisburg, NC 28075 704-454-7807 MSWARTZ@CLTRES.COM Other Mark Swartz ROY COOPER Governor MICHAEL S. REGAN Secretory TIM BAUMGARTNER. oftftmr Steve Schreiner Schreiner Design 403 Gilead Road, Suite H Huntersville, NC 28078 NORTH CAROLINA En rortmental Quality September 16, 2019 Expiration of Acceptance: 3/16/2020 Project: Cannon Run County: Cabarrus The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location Impact Type Impact Quantity (8 -digit HUC Yadkin 03040105 Warm Stream 572 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. cc: Daniel Kuefler, agent Sincerely, Jaes B Stanfill As anagement Supervisor aEQ.� Oyr�d9alldr� North Carolina Department of Environmental Quality I Division of Millgatton Services 217 Zones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 Maps/Plans Maps/Plans FIGURE NO. 1 CANNON RUN Cabarrus Co., NC ͑ ͑ VICINITY MAP -WATERS OF THE U.S.- EXISTING CONDITIONS STUDY SUBJECT TO USACE VERIFICATION ͑ ͑ DATE: 9/3/18 Drawn By: LSR NRN Reviewed By: APPROXIMATE PROJECT BOUNDARY STUDY LIMITS SITE FIGURE NO. 2 CANNON RUN Cabarrus Co., NC ͑ ͑ AERIAL MAP -WATERS OF THE U.S.- EXISTING CONDITIONS STUDY SUBJECT TO USACE VERIFICATION ͑ ͑ DATE: 9/3/18 Drawn By: LSR NRN Reviewed By: PROPERTY BOUNDARY STUDY LIMITS FIGURE NO. 3 CANNON RUN Cabarrus Co., NC ͑ ͑ USGS MAP -WATERS OF THE U.S.- EXISTING CONDITIONS STUDY SUBJECT TO USACE VERIFICATION ͑ ͑ DATE: 9/3/18 Drawn By: LSR NRN Reviewed By: LOCATION Lat: 35.4345 ºN Long: -80.7302 ºW HUC: 03040105 UPPER ROCKY RIVER SCALE 1:24,000 ACRES 128.5 USGS QUAD Kannapolis, NC ROCKY RIVER APPROXIMATE PROJECT BOUNDARY STUDY LIMITS FIGURE NO. 4 CANNON RUN Cabarrus Co., NC ͑ ͑ NRCS PUBLISHED SOILS MAP -WATERS OF THE U.S.- EXISTING CONDITIONS STUDY SUBJECT TO USACE VERIFICATION ͑ DATE: 9/3/18 Drawn By: LSR NRN Reviewed By: APPROXIMATE PROJECT BOUNDARY STUDY LIMITS FIGURE NO. 5 CANNON RUN Cabarrus Co., NC ͑ ͑ TAX PARCEL MAP -WATERS OF THE U.S.- EXISTING CONDITIONS STUDY SUBJECT TO USACE VERIFICATION ͑ ͑ DATE: 8/29/19 Drawn By: LSR DCK Reviewed By: PROJECT BOUNDARY STUDY LIMITS Parcel: 46814926790000 Rocky River Crossing, LLC 4350 Main St, Ste. 201 Harrisburg, NC, 28075 Parcel: 46814903800000 Rocky River Crossing, LLC 4350 Main St, Ste. 201 Harrisburg, NC, 28075 Parcel:46813976020000 Rocky River Crossing, LLC 4350 Main St, Ste. 201 Harrisburg, NC, 28075 Parcel:46813948300000 Harrisburg Town Center IX, LLC 4350 Main St, Ste. 201 Harrisburg, NC, 28075 Parcel:46813885470000 J&B Dev & Mgmt Inc, LLC 4350 Main St, Ste. 201 Harrisburg, NC, 28075 Parcel:46814873030000 Erjola 550 Kinderkamack, LLC 4350 Main St, Ste. 201 Harrisburg, NC, 28075 Parcel: 46813727630000 Rocky River Crossing, LLC 4350 Main St, Ste. 201 Harrisburg, NC, 28075 Parcel:46813713910000 Rocky River Crossing, LLC 4350 Main St, Ste. 201 Harrisburg, NC, 28075 Parcel:46814702320000 Elizabeth Mayes 4 Reynolds Place Asheville, NC, 28804 Parcel:46814702320000 Bill & Mary McCord Trust 1703 Woodside Lane Virginia Beach, VA, 23454 Parcel: 46815860810000 David McCord 8825 Harris Rd Concord, NC, 28027 Parcel: 46815765640000 David McCord 8825 Harris Rd Concord, NC, 28027 Parcel:46815860810000 David McCord 8825 Harris Rd Concord, NC, 28027 Parcel: 46815743850000 James Hood 8900 Harris Rd Concord, NC, 28027 EXISITING CONDTIONS1 OF 110'MOSS PLANTATION AVEHARRIS ROADODELL SCHOOL ROADDAVIDSON HIGHWAY223 N Graham Street Charlotte, NC 28202V: 704.333.0325 F: 704.332.3246www.LandDesign.comCannon RunPERENNIAL STREAM OSON-SITE LENGTH = 800'(0.033 AC)WETLAND DW(4300 SF)(0.1 AC)Figure 6 OVERALL SITE PLAN2 OF 110'223 N Graham Street Charlotte, NC 28202V: 704.333.0325 F: 704.332.3246www.LandDesign.comCannon RunMOSS PLANTATION AVEHARRIS ROADODELL SCHOOL ROADDAVIDSON HIGHWAYBMP #1BMP #2BMP #3BMP #4BMP #5BMP #6BMP #7BMP #8Figure 7 PERENNIAL STREAM BBB - IMPACT AREA WETLAND BUFFER EXHIBIT3 OF 110'223 N Graham Street Charlotte, NC 28202V: 704.333.0325 F: 704.332.3246www.LandDesign.comCannon RunFigure 8BBB PERENNIAL STREAM BBB - PLAN VIEW4 OF 110'FLOW DIRECTIONFLOW DIRECTIONNOTE:CONTRACTOR SHALL LIMIT ALLTEMPORARY IMPACTS TO WATERSOF THE U.S. TO LESS THAN 90 DAYS.223 N Graham Street Charlotte, NC 28202V: 704.333.0325 F: 704.332.3246www.LandDesign.comCannon RunFigure 9 PERENNIAL STREAM BBB - CROSS SECTION5 OF 11223 N Graham Street Charlotte, NC 28202V: 704.333.0325 F: 704.332.3246www.LandDesign.comCannon RunFigure 10 PERENNIAL STREAM BBB - PROFILE SECTION6 OF 11223 N Graham Street Charlotte, NC 28202V: 704.333.0325 F: 704.332.3246www.LandDesign.comCannon RunFigure 11 INTERMITTENT STREAM AJS - IMPACT AREA WETLAND BUFFER EXHIBIT7 OF 110'223 N Graham Street Charlotte, NC 28202V: 704.333.0325 F: 704.332.3246www.LandDesign.comCannon RunFigure 12 18123_WETLANDS-PERMIT - SECTION EXHIBITS8 OF 11223 N Graham Street Charlotte, NC 28202V: 704.333.0325 F: 704.332.3246www.LandDesign.comCannon RunFigure 13 SEWER CROSSING - PLAN VIEW9 OF 110'FLOW DIRECTION223 N Graham Street Charlotte, NC 28202V: 704.333.0325 F: 704.332.3246www.LandDesign.comCannon RunFigure 14 OPEN WATER POND Y - IMPACT AREA WETLAND BUFFER EXHIBIT10 OF 110' GOSSAGE LN MOSS PLANTATION AVE NW RESPECT ST223 N Graham Street Charlotte, NC 28202V: 704.333.0325 F: 704.332.3246www.LandDesign.comCannon RunFigure 15 INTERMITTENT STREAM AAA - IMPACT AREA BUFFER EXHIBIT11 OF 110' MOSS P L A N T A T I O N A V E N W RESPECT ST223 N Graham Street Charlotte, NC 28202V: 704.333.0325 F: 704.332.3246www.LandDesign.comCannon Run GOSSA G E L N NOTE:WALL DRAINAGE TODISCHARGE AT TOPOF STREAMFigure 16 FIGURE NO. 17 CANNONRUN CabarrusCo.,NC STREAMBANKSTABILIZATION TypicalDetail–N.T.S. SUBJECTTOUSACE/NCDEQVERIFICATION DATE: 8/26/2019 DrawnBy: LSRHAC ReviewedBy: Jurisdictional Determination Jurisdictional Determination Information Jurisdictional Determination Request Version: May 2017 Page 1 This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/Contact/CountyLocator.aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELDOFFICES US ArmyCorps of Engineers 151 Patton Avenue,Room 208 Asheville, North Carolina28801-5006 GeneralNumber: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGHREGULATORYFIELDOFFICE US ArmyCorps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina27587 GeneralNumber: (919) 554-4884 Fax Number: (919) 562-0421 WASHINGTONREGULATORYFIELDOFFICE US ArmyCorps of Engineers 2407 West Fifth Street Washington, North Carolina27889 GeneralNumber: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTONREGULATORYFIELDOFFICE US ArmyCorps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 GeneralNumber:910-251-4633 Fax Number: (910) 251-4025 INSTRUCTIONS: All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D – PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Propertyowner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Jurisdictional Determination Request Version: May 2017 Page 2 A. PARCEL INFORMATION Street Address: _______________________________________________ City, State: _______________________________________________ County: Parcel Index Number(s) (PIN): B. REQUESTORINFORMATION Name: Mailing Address: _________________________________________ Telephone Number: _________________________________________ Electronic Mail Address: ________________________________________ Select one: I am the current property owner. I am an Authorized Agent or Environmental Consultant 1 Interested Buyer or Under Contract to Purchase Other, please explain. ________________________________________ __________________________________________________________ C. PROPERTY OWNER INFORMATION 2 Name: Mailing Address: Telephone Number: Electronic Mail Address: _______________________________________________________________________________________________________________________ 1 Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Intersection of Harris Rd & Odell School Rd Concord NC Cabarrus please see attached parcel map Leonard S. Rindner,PLLC,WEPG 10612-D Providence Road, PMB 550 Charlotte NC 28277 336-554-2728 daniel.kuefler@wetlands-epg.com Rocky River Crossing LLC - J. Murphy 4350 Main Street, Ste 201 Harrisburg, NC, 28975 201-857-3771 not available ✔ jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION 3,4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on- site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. ErjoLa 550 Kinderkamack, LLC - Joseph Murphy Print Name Capacity: 0 Owner ❑ Authorized Agent' 9/24/2019 Date E. REASON FOR JD REQU11ST: (Check as many as applicable) ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. n I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. 0 I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ❑ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. ❑ A Corps JD is required in order obtain my local/state authorization. ❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. I believe that the site may be comprised entirely of dry land. Other: For NCDOT requests following the current NCDOT/ JSACE protocols, skip to Part E. If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION',4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on- site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. 1, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Rocky River Crossing, LLC - Joseph Murphy Print Name Capacity: 0 Owner ❑ Authorized Agents 9/24/2019 Date _ _ 11 E. REASON FOR JD REQUEST: (Check as many as applicable) n I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. X❑ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting pT'OGeSS. MI intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a projector perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. F] A Corps JD is required in order obtain my local/state authorization. ❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. Other: 3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. a Yf there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. s Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 urisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION3.4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on- site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Harrisburg Town Center IX, LLC - Joseph Murphy Punt Name Capacity: 0 Owner ❑ Authorized Agent' 9/24/2019 Date Si E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. QI intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ❑ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. ❑ A Corps JD is required in order obtain my local/state authorization. ❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: For NCDOT requests following the current NCDODUSACE protocols, skip to Part E. If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. Must provide agent authorization formaetter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION''4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on- site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 14 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Ann McCord Harper, Trustee of the William H. McCord Sr. Revocable Trust Print Name Capacity: Owner ❑ Authorized Agents 9/24/2019 J E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. ❑ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the ID would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. ❑ A Corps JD is required in order obtain my local/state authorization. ❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: 3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. ' if there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 urisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION' 4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on- site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Glenn Mayes Print Name Capacity: " Owner ❑ Authorized Agents 9/24/2019 Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. n I intend to construct/develop a projector perform activities on this parcel which would be d "fined to avoid all jurisdictional aquatic resources under Corps authority. I intend to construct/develop a project or perforin activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. I intend to construct/develop aprojector perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. F1 I intend to construct/develop a projector perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. gA Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: 3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. " if there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). Page 3 Version: May 200 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION',4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on- site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. 1, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. David McCord Print Name Capacity: K Owner ❑ Authorized Agent' 9/24/2019 Date--,_ Si E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. ❑ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ❑ I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a projector perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. ❑ A Corps JD is required in order obtain my local/state authorization. ❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. I believe that the site may be comprised entirely of dry land. ❑ Other: For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 D� &qAuq lclasr, 1 maknm wpmft=v" of 9$a W nkdrbd, U$. dtr�n�on Army(70W4 OF silt i rnMbif , r■td *Omb g a pH isdtboa d dcumm nal:m pkat; w s4 N:.n 494 of the C7Q,1I obn hrA sed— Sm6m 10 of tk tb Lr* Md Ijibn AU of I K". I, Ik +. Wkvw� am cqrbc7 ■ aily r hmml awaa ofrow jif 16t y WknuprLd hands4 br =tug m d e dull amhMnR4 4w 0(Ili trwou at Hurd ache popaty. JOT" i urrda HOW 'xis — - — - IL 11 .00N FM AP REQUEST: lClx k as r y ■s r*k F QL stiff vmuLdi hM dc%qpmd ■a arvq*d At ' ftNoiftim w purr, a3h ti, tin va 4o t+w M *#1 A wva Id tw Z� �'r�W �l�r+r'Ii�t�■I �rL�c r�o�Et� I� tib rid I kind 1a ounmnx t drm lop a pro joa or W khm acwnm K5 an 411 & pry I *bib 0 rNW MAIM�1 OMM the cwM ■ lid the M mould be UM4 tla It MW MfM M LFX U"PP 4+F 40jitrlt4rtiA'r W ■WANbC ■*+aWeM MW adAn UWUN IWP m Jk tLMdr pcit =MWZ fft,4" Iia CVMU%WVd W aPp + PM%LC 4 OF pfffOM at1YA rI M 4hr L PAMC I M#Kh Mq 4t4ttE au&m rat tm fram tt C*rj*; duo 1A i i wtotrpAn" h2 m y pm" E AM I Ic4k I mW the 10 it tv be Lncd in I'ht prmduvS p"1,} R or pgdon ac&vrtim ■ n a mmj** w■ ea (Vi 1+G U-& WIN t;h M tmILb&d -w the -I Splen I4)1tM artrli'oc u `L is Ih� dib aW Aw 9( thr �rd�. A Corp 112 u r oqw etid m wda oWipi my I*c*L'.4*or awbwnmK km 1 m twd to c,,w BM yRsW WIk3lh OVv a PUUCULM rrLOW# C AM ftQV A tic Cocp toftfirm droll MPIA MMM &k-WSDM rw,rl 9xud QM IhC ■q+IK 1+i`#M=t 00 4Irc porcsL. C lrtl K% " OW OW rix be oNnpwW ead irly of &y Lwj . Other — }Mr is im&mwLwg time■ tklXrF- ML -E pkakm&6 mkor r. P -mi F. ami=ud w,Ioir# mw ruvwk +M rrawrenr+ i tubo Erma 23�awrgKo Jurisdictional Determination Request Version: May 2017 Page 4 F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be “waters of the United States” or “navigable waters of the United States”on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional “waters of the United States”. PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is “preliminary” in the sense that an approved JD can be requested at any time. PJDs do not expire. I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional “waters of the United States” or “navigable waters of the United States” are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other “affected party” (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. Size of Property or Review Area acres. The property boundary (or review area boundary) is clearly physically marked on the site. 128.5 ✔ ✔ ✔ ✔ Jurisdictional Determination Request Version: May 2017 Page 5 H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: ______________________ Longitude: ______________________ A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 11x17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 North Arrow Graphical Scale Boundary of Review Area Date Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. Jurisdictional non-wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non-Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. Isolated waters, waters that lack a significant nexus to navigable waters, or non- jurisdictional upland features should be identified as Non-Jurisdictional. Please include a justification in the label regarding why the feature is non-jurisdictional (i.e. “Isolated”, “No Significant Nexus”, or “Upland Feature”). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: Wetland and non-wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non-wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) ____________________________________________________________________________ 6 Please refer to the guidance document titled “Survey Standards for Jurisdictional Determinations” to ensure that the supplied map meets the necessary mapping standards.http://www.saw.usace.army.mil/Missions/Regulatory-Permit- Program/Jurisdiction/ 35.4345 -80.7302 ✔ ✔ ✔ Jurisdictional Determination Request Version: May 2017 Page 6 Completed appropriate Jurisdictional Determination form PJDs,please complete a Preliminary Jurisdictional Determination Form7 and include the Aquatic Resource Table AJDs, please complete an Approved Jurisdictional Determination Form 8 Vicinity Map Aerial Photograph USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms Other Assessment Forms _____________________________________________________________________________ 7 www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/JD/RGL_08-02_App_A_Prelim_JD_Form_fillable.pdf 8 Please see http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Jurisdiction/ Principal Purpose:The information thatyouprovide will beusedinevaluating your requestto determine whether thereareany aquatic resources within the project areasubjecttofederaljurisdictionunder the regulatory authorities referencedabove. RoutineUses:Thisinformation maybeshared with the Departmentof Justice andotherfederal, state,and local government agencies, and the public,andmaybe made available aspartof a public notice as required byfederal law. Your nameandproperty location wherefederal jurisdiction is to bedetermined will beincluded in the approved jurisdictional determination (AJD),which will bemade available tothe public on the District's website andontheHeadquartersUSAGEwebsite. Disclosure:Submission ofrequested information is voluntary; however, ifinformation is notprovided, the requestforanAJD cannot beevaluatednorcananAJD be issued. ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ 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: Wilmington District; Asheville Regulatory Office 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. 35.4345° N, Long. -80.7302° W. Universal Transverse Mercator: WGS84 Name of nearest waterbody: Rocky River Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Rocky River Name of watershed or Hydrologic Unit Code (HUC): 03040105 Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. Check if other sites (e.g., offsite mitigation sites, disposal sites, etc…) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Are no “navigable waters of the U.S.” within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] Waters subject to the ebb and flow of the tide. Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: . B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are “waters of the U.S.” within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): 1 TNWs, including territorial seas Wetlands adjacent to TNWs Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs Non-RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs Impoundments of jurisdictional waters Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non-wetland waters: 6,334 linear feet: width (ft) and/or acres. Wetlands: 1.05 acres. c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual Elevation of established OHWM (if known): . 2. Non-regulated waters/wetlands (check if applicable):3 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: The site contains 0.09 acres of wetlands and two open water ponds that are being considered isolated and non- jurisdictional. Specifically, as identified on the attached delineation map, Isolated Ponds Y & Z, and Isolated/Non- Jurisdictional Wetland X are being considered isolated and non-jurisdictional. These areas are classified by Schafale & Weakely (Classification of the Natural Communities of North Carolina Third Approximation, 1990) as an Upland 1 Boxes checked below shall be supported by completing the appropriate sections in Section III below. 2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least “seasonally” (e.g., typically 3 months). 3 Supporting documentation is presented in Section III.F. Depression Swamp Forest community type which are found on broad upland flats and high ridge tops. Based on extensive past experience with these wetland communities which are only found in this region, they are typically naturally isolated with no surrounding drainages (overland or jurisdictional) that connects them to downslope features. The areas surrounding these isolated wetlands have been maintained for agricultural use and there are no signs of overalnd flow, drainage patterns, ditches, grassed swales, or any other kind of drainage system that may connect these areas to downslope jurisdictional areas. . 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. Wetlandadjacent to TNW Summarize rationale supporting conclusion that wetland is “adjacent”: . B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are “relatively permanent waters” (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.C below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 7,213 square miles Drainage area: 0.5 square miles Average annual rainfall: 44 inches Average annual snowfall: 0 inches (ii) Physical Characteristics: (a) Relationship with TNW: Tributary flows directly into TNW. Tributary flows through Pick List tributaries before entering TNW. Project waters are 1 (or less) river miles from TNW. Project waters are 1 (or less) river miles from RPW. Project waters are 1 (or less) aerial (straight) miles from TNW. Project waters are 1 (or less) aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: . Identify flow route to TNW5: . Project waters flow SW from the site through an unnamed tributary to the Rocky River (TNW). 4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid West. 5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. . Tributary stream order, if known: . (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: 2 feet Average side slopes: 4:1 (or greater). Primary tributary substrate composition (check all that apply): Silts Sands Concrete Cobbles Gravel Muck Bedrock Vegetation. Type/% cover: Other. Explain: . Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: . Presence of run/riffle/pool complexes. Explain: . Tributary geometry: Relatively straight Tributary gradient (approximate average slope): % (c) Flow: Tributary provides for: Seasonal flow Estimate average number of flow events in review area/year: 20 (or greater) Describe flow regime: Streams C, BB, FF, OS & BBB are perennial. All others are intermittent. Other information on duration and volume: . Surface flow is: Discrete and confined. Characteristics: . Subsurface flow: Unknown. Explain findings: . Dye (or other) test performed: . Tributary has (check all that apply): Bed and banks OHWM6 (check all indicators that apply): clear, natural line impressed on the bank the presence of litter and debris changes in the character of soil destruction of terrestrial vegetation shelving the presence of wrack line vegetation matted down, bent, or absent sediment sorting leaf litter disturbed or washed away scour sediment deposition multiple observed or predicted flow events water staining abrupt change in plant community other (list): Discontinuous OHWM.7 Explain:. If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): High Tide Line indicated by: Mean High Water Mark indicated by: oil or scum line along shore objects survey to available datum; fine shell or debris deposits (foreshore) physical markings; physical markings/characteristics vegetation lines/changes in vegetation types. tidal gauges other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: . Identify specific pollutants, if known: . 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody’s flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 7Ibid. (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: . 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: 0.109 acres Wetland type. Explain:Numerous small bottomland forested wetlands occur across the site. Wetland quality. Explain: . Project wetlands cross or serve as state boundaries. Explain: . (b) General Flow Relationship with Non-TNW: Flow is: Ephemeral flow. Explain: . Surface flow is:Discrete and confined Characteristics: . Subsurface flow: Unknown. Explain findings: . Dye (or other) test performed: . (c) Wetland Adjacency Determination with Non-TNW: Directly abutting Not directly abutting Discrete wetland hydrologic connection. Explain: Channelized surface flow. Ecological connection. Explain: . Separated by berm/barrier. Explain: . (d) Proximity (Relationship) to TNW Project wetlands are 1 (or less) river miles from TNW. Project waters are 1 (or less) aerial (straight) miles from TNW. Flow is from: Wetland to navigable waters. Estimate approximate location of wetland as within the 500-year or greater 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:Forested/ 100% cover. 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 - aphibians, etc. 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: 15-20 Approximately ( 1.05 ) 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) Wetland A - does not abut (0.061 ac) Wetland CC - does not abut (0.005 ac) Wetland E/EE - directly abuts (0.216 ac) Wetland G - does not abut (0.038 ac) Wetland PP - does not abut (0.005 ac) Wetland DW - directly abuts (0.1 ac) Wetland MM - directly abuts (0.002 ac) Wetland LL - directly abuts (0.043 ac) Wetland EEE - directly abuts (0.002 ac) Wetland CCC - directly abuts (0.002 ac) Wetland DDD - directly abuts (0.0008 ac) Wetland II - directly abuts (0.003 ac) Wetland JJ - directly abuts (0.01 ac) Wetland NN - directly abuts (0.018 ac) Wetland OO - directly abuts (0.542 ac) 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 III.D: . 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs.Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: . 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: Wetlands A, CC, G & P are adjacent but not abutting onsite jurisdictional RPWs and are connected by channelized surface flow. D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: TNWs: linear feet width (ft), Or, acres. Wetlands adjacent to TNWs: acres. 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 Streams onsite exhibit geomorphology, hydrology, and biological indicators consistent with perennial flowing streams in the piedmont ecoregion as documented by the attached NCDWQ Stream Identification Assessment Form(s). . 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: Intermittent Streams onsite exhibit geomorphology, hydrology, and biological indicators consistent with intermittent flowing streams in the piedmont ecoregion as documented by the attached NCDWQ Stream Identification Assessment Form . Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: 6335 linear feet width (ft). Other non-wetland waters: acres. Identify type(s) of waters: . 3. Non-RPWs8 that flow directly or indirectly into TNWs. Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): Tributary waters: linear feet width (ft). Other non-wetland waters: acres. Identify type(s) of waters: . 4. Wetlandsdirectly 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: Jurisdictional Wetlands E/EE, II, JJ, NN & OO directly abut onsite perennial tributaries with no break in jurisdiction. 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: Jurisdictional Wetlands DW, MM, LL, EEE, CCC & DDD directly abut onsite intermittent tributaries with no break in jurisdiction.. Provide acreage estimates for jurisdictional wetlands in the review area: 0.94 acres. 5. Wetlandsadjacent 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: 0.11 acres. 6. Wetlandsadjacent 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. 8See Footnote # 3. 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):10 which are or could be used by interstate or foreign travelers for recreational or other purposes. from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. which are or could be used for industrial purposes by industries in interstate commerce. Interstate isolated waters. Explain: . Other factors. Explain: . Identify water body and summarize rationale supporting determination: . Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: linear feet width (ft). Other non-wetland waters: acres. Identify type(s) of waters: . Wetlands: acres. F. 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:There are two pond on the property that are excavated in an upland landscape position and one isolated wetland that is not hydrologically connected to any Waters of the U.S. . 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 (ft). Lakes/ponds: 1.48 acres. Other non-wetland waters: acres. List type of aquatic resource: . Wetlands: 0.090 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): 9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. 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 Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: Aerial (Name & Date): . or Other (Name & Date): Site photographs (1/7/19). 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: . : Drawn By: LSRNRN Reviewed CANNON RUN Cabarrus Co., NC ͑ ͑DELINEATION MAP -WATERS OF THE U.S.- EXISTING CONDITIONS STUDY SUBJECT TO USACE VERIFICATION ͑ 9/3/18 Wetland G - 0.038 ac Wetland A - 0.061 ac Intermittent Stream SS -332 lf Wetland CC -0.005 ac Wetland E/EE -0.216 ac Perennial Stream FF - 283 lf Intermittent Stream GG - 155 lf Intermittent Stream HH - 367 lf *** NCDEQ VERIFICATION 6/14/18 & 10/9/18 *** Wetland JJ -0.010 ac Perennial Stream BBB -1,415 lf Wetland DDD -0.0008 ac Intermittent Stream AAA -345 lf Wetland EEE - 0.002 ac Wetland PP - 0.005 ac Non-Jurisdictional (Isolated) Wetland X - 0.090 ac Non-Jurisdictional (Isolated) Pond Y - 0.231 ac Wetland II -0.003 ac Wetland CCC - 0.002 ac Wetland LL - 0.043 ac Wetland MM - 0.002 ac Wetland OO - 0.542 ac Wetland NN -0.018 ac Intermittent Stream KK -121 lf Discontinuous Intermittent Streams: AJ (148 lf), AJS (193 lf), AJSS (121 lf) 1 2 3 5 6 7 8 4 USACE WETLAND DATA FORM O UPLAND DATA POINT NCDEQ STREAM FORM BBB NCDEQ STREAM FORM GG Intermittent Stream IE -207 lf Wetland DW -0.1 ac *** USACE VERIFICATION 10/31/18 *** Perennial Stream BB -1,322 lf Perennial Stream C - 527 lf Non-Jurisdictional Pond Z (irrigation pond dug in upland) - 1.25 ac Perennial Stream OS - 800 lf Cannon Run Cabarrus Co., NC – 8/14/17, 8/28/18 Cannon Run Cabarrus Co., NC – 4/3/18, 8/28/18 Cannon Run Cabarrus Co., NC – 4/3/18 NON-JURISDICTIONAL (ISOLATED) OPEN WATER POND Y - PHOTO 6 Cannon Run Cabarrus Co., NC – 8/15/17 STREAM REACH EVALUATION FORM Date:8/27/18 Evaluator:NRN Easting:-80.7332 Project:Cannon Run: Intermittent Stream B Northing:35.4374 Total Points: Stream is at least intermittent if > 19 or perennial if > 30* (right-click the purple number and left-click Update Field to summarize points) 27.0 A. Geomorphology Absent Weak Moderate Strong SCORE 1a. Continuity of channel bed and bank 0 1 2 3 2 2. Sinuosity of channel along thalweg 0 1 2 3 2 3. In-channel structure: riffle- / step- pool sequence 0 1 2 3 1 4. Particle size of stream substrate 0 1 2 3 1 5. Active/relic floodplain 0 1 2 3 2 6. Depositional bars or benches 0 1 2 3 3 7. Recent alluvial deposits 0 1 2 3 1 8. Headcuts 0 1 2 3 0 9. Grade controls 0 0.5 1 1.5 1.5 10. Natural valley 0 0.5 1 1.5 1 11. Second or greater order channel No = 0 Yes = 3 0 Geomorphology Subtotal 14.5 a Man-made ditches are not rated: see discussion in NCDWQ Manual B. Hydrology 12. Presence of Baseflow 0 1 2 3 1 13. Iron Oxidizing Bacteria 0 1 2 3 0 14. Leaf litter 1.5 1 0.5 0 1.5 15. Sediment on plants or debris 0 0.5 1 1.5 1 16. Organic debris lines or piles (Wrack lines)0 0.5 1 1.5 1 17. Soil-based Evidence of high water table?No = 0 Yes = 3 3 Hydrology Subtotal 7.5 C. Biology 18. Fibrous roots in streambed 3 2 1 0 2 19. Rooted upland plants in streambed 3 2 1 0 3 20. Macrobenthos (note diversity and abundance)01 2 3 0 21. Aquatic Mollusks 0 1 2 3 0 22. Fish 0 0.5 1 1.5 0 23. Crayfish 0 0.5 1 1.5 0 24. Amphibians 0 0.5 1 1.5 0 25. Algae 0 0.5 1 1.5 0 26. Wetland plants in streambed FACW= 0.75, OBL= 1.5, Other= 0 0 Biology Subtotal 5.0 * 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 Origins. (version 4.11) STREAM REACH EVALUATION FORM Date:8/14/17 Evaluator:NRN Easting:-80.7336 Project:Cannon Run: Intermittent Stream GG Northing:35.4336 Total Points: Stream is at least intermittent if > 19 or perennial if > 30* (right-click the purple number and left-click Update Field to summarize points) 25.0 A. Geomorphology Absent Weak Moderate Strong SCORE 1a. Continuity of channel bed and bank 0 1 2 3 2 2. Sinuosity of channel along thalweg 0 1 2 3 1 3. In-channel structure: riffle- / step- pool sequence 0 1 2 3 0 4. Particle size of stream substrate 0 1 2 3 1 5. Active/relic floodplain 0 1 2 3 3 6. Depositional bars or benches 0 1 2 3 2 7. Recent alluvial deposits 0 1 2 3 1 8. Headcuts 0 1 2 3 0 9. Grade controls 0 0.5 1 1.5 1.5 10. Natural valley 0 0.5 1 1.5 1 11. Second or greater order channel No = 0 Yes = 3 0 Geomorphology Subtotal 12.5 a Man-made ditches are not rated: see discussion in NCDWQ Manual B. Hydrology 12. Presence of Baseflow 0 1 2 3 1 13. Iron Oxidizing Bacteria 0 1 2 3 0 14. Leaf litter 1.5 1 0.5 0 1 15. Sediment on plants or debris 0 0.5 1 1.5 1 16. Organic debris lines or piles (Wrack lines)0 0.5 1 1.5 1.5 17. Soil-based Evidence of high water table?No = 0 Yes = 3 3 Hydrology Subtotal 7.5 C. Biology 18. Fibrous roots in streambed 3 2 1 0 2 19. Rooted upland plants in streambed 3 2 1 0 3 20. Macrobenthos (note diversity and abundance)01 2 3 0 21. Aquatic Mollusks 0 1 2 3 0 22. Fish 0 0.5 1 1.5 0 23. Crayfish 0 0.5 1 1.5 0 24. Amphibians 0 0.5 1 1.5 0 25. Algae 0 0.5 1 1.5 0 26. Wetland plants in streambed FACW= 0.75, OBL= 1.5, Other= 0 0 Biology Subtotal 5.0 * 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 Origins. (version 4.11) STREAM REACH EVALUATION FORM Date:4/3/18 Evaluator:NRN Easting:-80.7304 W Project:Cannon Run: Perennial Stream BBB Northing:35.4345 N Total Points: Stream is at least intermittent if > 19 or perennial if > 30* (right-click the purple number and left-click Update Field to summarize points) 38.0 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 2 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 floodplain 0 1 2 3 2 6. Depositional bars or benches 0 1 2 3 2 7. Recent alluvial deposits 0 1 2 3 3 8. Headcuts 0 1 2 3 0 9. Grade controls 0 0.5 1 1.5 1.5 10. Natural valley 0 0.5 1 1.5 1.5 11. Second or greater order channel No = 0 Yes = 3 0 Geomorphology Subtotal 20.0 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 2 14. Leaf litter 1.5 1 0.5 0 1.5 15. Sediment on plants or debris 0 0.5 1 1.5 1.5 16. Organic debris lines or piles (Wrack lines)0 0.5 1 1.5 1 17. Soil-based Evidence of high water table?No = 0 Yes = 3 3 Hydrology Subtotal 12.0 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)01 2 3 0 21. Aquatic Mollusks 0 1 2 3 0 22. Fish 0 0.5 1 1.5 0 23. Crayfish 0 0.5 1 1.5 0 24. Amphibians 0 0.5 1 1.5 0 25. Algae 0 0.5 1 1.5 0 26. Wetland plants in streambed FACW= 0.75, OBL= 1.5, Other= 0 0 Biology Subtotal 6.0 * 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 Origins. (version 4.11) US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 Project/Site:Sampling Date: Applicant/Owner:State: Sampling Point: Investigator(s): Landform (hillside, terrace, etc.): Subregion (LRR or MLRA): Lat:Long: Soil Map Unit Name: x Are Vegetation , Soil , or Hydrology Yes x Are Vegetation , Soil , or Hydrology SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc. xNo xNo X xNo x x x x x X Yes x Yes x Yes x X Local relief (concave, convex, none): Surface Water Present? Yes NoAre climatic / hydrologic conditions on the site typical for this time of year? (If no, explain in Remarks.) significantly disturbed? naturally problematic? Are “Normal Circumstances” present? (If needed, explain any answers in Remarks.) Remarks: Field Observations: True Aquatic Plants (B14) Hydrogen Sulfide Odor (C1) Oxidized Rhizospheres on Living Roots (C3) Presence of Reduced Iron (C4) Recent Iron Reduction in Tilled Soils (C6) Thin Muck Surface (C7) Other (Explain in Remarks) Iron Deposits (B5) City/County:Cannon Run Concord/Cabarrus Wetland OO 4/3/18 WETLAND DETERMINATION DATA SHEET – Eastern Mountains and Piedmont Region No Section, Township, Range:NRN, LSR 5 - 15ConcaveFloodplain Datum:-80.733535.4336LRR P, MLRA 136 NWI classification:PoD: Poindexter loam Slope (%): Remarks: Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: 2 0 Depth (inches): Depth (inches): Depth (inches): No Saturation Present? (includes capillary fringe) NoYes 2 Is the Sampled Area HYDROLOGY Yes Yes Yes Hydric Soil Present? Hydrophytic Vegetation Present? Wetland Hydrology Present? Nowithin a Wetland? Yes No No Water Table Present? Geomorphic Position (D2) Shallow Aquitard (D3) Microtopographic Relief (D4) FAC-Neutral Test (D5) Inundation Visible on Aerial Imagery (B7) Water-Stained Leaves (B9) Aquatic Fauna (B13) Algal Mat or Crust (B4) Wetland Hydrology Present? Stunted or Stressed Plants (D1) Surface Water (A1) High Water Table (A2) Saturation (A3) Water Marks (B1) Sediment Deposits (B2) Drift Deposits (B3) Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply) Surface Soil Cracks (B6) Sparsely Vegetated Concave Surface (B8) Drainage Patterns (B10) Moss Trim Lines (B16) Dry-Season Water Table (C2) Crayfish Burrows (C8) Saturation Visible on Aerial Imagery (C9) Secondary Indicators (minimum of two required) US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 Sampling Point: (Plot size: 1. 2. 3. 4. 5. 6.(A/B) 7. 50% of total cover: 20% of total cover: x 1 = Sapling/Shrub Stratum (Plot size:x 2 = 1.x 3 = 2.x 4 = 3.x 5 = 4.Column Totals:(B) 5. 6. 7. 8.X 9.X 4 - Morphological Adaptations1 (Provide supporting 50% of total cover: 20% of total cover: Herb Stratum (Plot size: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 50% of total cover: 20% of total cover: Woody Vine Stratum (Plot size: 1. 2. 3. 4. 5. 50% of total cover:20% of total cover:Yes X 1 data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) No Wetland OO 8 9 FACU species UPL species Hydrophytic Vegetation Indicators: 0 425 0 200 Total Number of Dominant Species Across All Strata: Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: FACW OBL species FACW species FAC species Sapling/Shrub – Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Tree – Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. 1Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Absolute % Cover 88.9% Percent of Dominant Species That Are OBL, FACW, or FAC: 55 Sambucus nigra Fraxinus pennsylvanica Tree Stratum ) =Total Cover Fraxinus pennsylvanica Acer rubrum Platanus occidentalis 30 ) 75 Indicator Status 35 25 Yes Dominant Species? Yes 15 15 Juncus effusus Yes Yes 25 Platanus occidentalis 10 15 Acer rubrum Carex crinita 20Carex lurida OBL Microstegium vimineum 30 15 Definitions of Four Vegetation Strata: Woody Vine – All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? =Total Cover Herb – All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.28 ft tall. 30 ) 85 FACWNo 17 1128 43 10 Prevalence Index worksheet: FACW Total % Cover of: 70 0 (A) (B) (A) Yes No 210 45 0 Multiply by: 170 2.13Prevalence Index = B/A = FACW 85 Yes FAC 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >50% VEGETATION (Four Strata)– Use scientific names of plants. 38 15 15 45 Yes Yes FAC FACW Remarks: (Include photo numbers here or on a separate sheet.) )5 =Total Cover FAC OBL Yes =Total Cover US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 X x Depth (inches):X Dark Surface (S7)unless disturbed or problematic.Red Parent Material (F21) (MLRA 127, 147, 148) No Hydric Soil Indicators: Polyvalue Below Surface (S8) (MLRA 147, 148) Thin Dark Surface (S9) (MLRA 147, 148) Loamy Gleyed Matrix (F2) Redox Dark Surface (F6) Redox Depressions (F8) Loamy Mucky Mineral (F1) (MLRA 136) Depleted Matrix (F3) Depleted Dark Surface (F7) 2 cm Muck (A10) (MLRA 147) Coast Prairie Redox (A16) Indicators for Problematic Hydric Soils3: (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) Very Shallow Dark Surface (F22) Red Parent Material (F21) (outside MLRA 127, 147, 148) 2 cm Muck (A10) (LRR N) Depleted Below Dark Surface (A11) Thick Dark Surface (A12) Sandy Mucky Mineral (S1) Sandy Redox (S5) Stripped Matrix (S6) Iron-Manganese Masses (F12) (LRR N,Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, Umbric Surface (F13) (MLRA 122, 136) Piedmont Floodplain Soils (F19) (MLRA 148) Sandy Gleyed Matrix (S4)MLRA 136) % PL10 Prominent redox concentrations Texture Prominent redox concentrations 25 PL/M Wetland OOSOIL Type1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Redox FeaturesDepth (inches) Color (moist)Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.2Location: PL=Pore Lining, M=Matrix. % Matrix C7.5YR 5/1 7.5YR 5/1 5YR 5/8 7.5YR 4/610-20 0-10 Loc2 90 Sandy Sandy 75 C Color (moist) Sampling Point: Yes Restrictive Layer (if observed): Remarks: This data sheet is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. Hydric Soil Present? Type: Histosol (A1) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 Project/Site:Sampling Date: Applicant/Owner:State: Sampling Point: Investigator(s): Landform (hillside, terrace, etc.): Subregion (LRR or MLRA): Lat:Long: Soil Map Unit Name: x Are Vegetation , Soil , or Hydrology Yes x Are Vegetation , Soil , or Hydrology SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc. No x No x X No x Yes x Yes x Yes x X Local relief (concave, convex, none): Surface Water Present? Yes NoAre climatic / hydrologic conditions on the site typical for this time of year? (If no, explain in Remarks.) significantly disturbed? naturally problematic? Are “Normal Circumstances” present? (If needed, explain any answers in Remarks.) Remarks: Field Observations: True Aquatic Plants (B14) Hydrogen Sulfide Odor (C1) Oxidized Rhizospheres on Living Roots (C3) Presence of Reduced Iron (C4) Recent Iron Reduction in Tilled Soils (C6) Thin Muck Surface (C7) Other (Explain in Remarks) Iron Deposits (B5) City/County:Cannon Run Concord/Cabarrus Upland DP1 4/3/18 WETLAND DETERMINATION DATA SHEET – Eastern Mountains and Piedmont Region No Section, Township, Range:NRN, LSR 5 - 15ConcaveFloodplain Datum:-80.733535.4336LRR P, MLRA 136 NWI classification:PoD: Poindexter loam Slope (%): Remarks: Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Depth (inches): Depth (inches): Depth (inches): No Saturation Present? (includes capillary fringe) NoYes Is the Sampled Area Upland Data Point 1 was taken approximately 30' north of Wetland O. HYDROLOGY Yes Yes Yes Hydric Soil Present? Hydrophytic Vegetation Present? Wetland Hydrology Present? Nowithin a Wetland? Yes No No Water Table Present? Geomorphic Position (D2) Shallow Aquitard (D3) Microtopographic Relief (D4) FAC-Neutral Test (D5) Inundation Visible on Aerial Imagery (B7) Water-Stained Leaves (B9) Aquatic Fauna (B13) Algal Mat or Crust (B4) Wetland Hydrology Present? Stunted or Stressed Plants (D1) Surface Water (A1) High Water Table (A2) Saturation (A3) Water Marks (B1) Sediment Deposits (B2) Drift Deposits (B3) Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply) Surface Soil Cracks (B6) Sparsely Vegetated Concave Surface (B8) Drainage Patterns (B10) Moss Trim Lines (B16) Dry-Season Water Table (C2) Crayfish Burrows (C8) Saturation Visible on Aerial Imagery (C9) Secondary Indicators (minimum of two required) US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 Sampling Point: (Plot size: 1. 2. 3. 4. 5. 6.(A/B) 7. 50% of total cover: 20% of total cover: x 1 = Sapling/Shrub Stratum (Plot size:x 2 = 1.x 3 = 2.x 4 = 3.x 5 = 4.Column Totals:(B) 5. 6. 7. 8. 9. 4 - Morphological Adaptations1 (Provide supporting 50% of total cover: 20% of total cover: Herb Stratum (Plot size: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 50% of total cover: 20% of total cover: Woody Vine Stratum (Plot size: 1. 2. 3. 4. 5. 50% of total cover:20% of total cover:Yes X 1 data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) No Upland DP1 0 8 FACU species UPL species Hydrophytic Vegetation Indicators: 0 1220 0 305 Total Number of Dominant Species Across All Strata: Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: FACU OBL species FACW species FAC species Sapling/Shrub – Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Tree – Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. 1Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Absolute % Cover 0.0% Percent of Dominant Species That Are OBL, FACW, or FAC: 100 Quercus alba Elaeagnus angustifolia Tree Stratum ) =Total Cover Quercus alba Quercus rubra Liriodendron tulipifera 30 ) 85 Indicator Status 35 30 Yes Dominant Species? Yes 25 5 Yes10 Quercus rubra 5 65 Ligustrum sinense Polystichum acrostichoides Allium vineale 35 15 Definitions of Four Vegetation Strata: Woody Vine – All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? =Total Cover Herb – All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.28 ft tall. 30 ) Lonicera japonica 45 9 2050 23 Prevalence Index worksheet: FACU Total % Cover of: 0 305 (A) (B) (A) No No 0 0 1220 Multiply by: 0 4.00Prevalence Index = B/A = FACU 0 FACU Yes FACU 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >50% VEGETATION (Four Strata)– Use scientific names of plants. 43 17 20 0 Yes Yes FACU FACU Remarks: (Include photo numbers here or on a separate sheet.) )5 =Total Cover FACU FACU Yes 1538 =Total Cover75 75 Yes FACU US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 Depth (inches):X Dark Surface (S7)unless disturbed or problematic.Red Parent Material (F21) (MLRA 127, 147, 148) No Hydric Soil Indicators: Polyvalue Below Surface (S8) (MLRA 147, 148) Thin Dark Surface (S9) (MLRA 147, 148) Loamy Gleyed Matrix (F2) Redox Dark Surface (F6) Redox Depressions (F8) Loamy Mucky Mineral (F1) (MLRA 136) Depleted Matrix (F3) Depleted Dark Surface (F7) 2 cm Muck (A10) (MLRA 147) Coast Prairie Redox (A16) Indicators for Problematic Hydric Soils3: (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) Very Shallow Dark Surface (F22) Red Parent Material (F21) (outside MLRA 127, 147, 148) 2 cm Muck (A10) (LRR N) Depleted Below Dark Surface (A11) Thick Dark Surface (A12) Sandy Mucky Mineral (S1) Sandy Redox (S5) Stripped Matrix (S6) Iron-Manganese Masses (F12) (LRR N,Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, Umbric Surface (F13) (MLRA 122, 136) Piedmont Floodplain Soils (F19) (MLRA 148) Sandy Gleyed Matrix (S4)MLRA 136) %Texture Upland DP1SOIL Type1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Redox FeaturesDepth (inches) Color (moist)Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.2Location: PL=Pore Lining, M=Matrix. % Matrix 7.5YR 4/6 7.5YR 4/3 3-20 0-3 Loc2 100 Loamy/Clayey Loamy/Clayey 100 Color (moist) Sampling Point: Yes Restrictive Layer (if observed): Remarks: This data sheet is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. Hydric Soil Present? Type: Histosol (A1) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) Waiver Request Study Waiver Request Study FIGURE NO. CANNON RUN Cabarrus Co., NC ͑ ͑ WAIVER STUDY -WATERS OF THE U.S.- EXISTING CONDITIONS STUDY SUBJECT TO USACE VERIFICATION ͑ ͑ DATE: 9/10/19 Drawn By: LSR DCK Reviewed By: NCSAM & NCDEQ STREAM FORM AJS 1/2 NCDEQ STREAM FORM Non-JD Reach INTERMITTENT STREAM AJ -148 lf INTERMITTENT STREAM AJSS -121 lf INTERMITTENT STREAM AJS -193 lf 3 4 *** USACE Field-verification of disconnected stream segments 10/31/18 *** 19 Cannon Run Cabarrus Co., NC – 8/14/17, 8/2/19 Photo 1: Intermittent Stream AJSS (view upstream). Cannon Run Cabarrus Co., NC – 8/14/17, 8/2/19 Photo 2: Non-Jurisdictional gap between streams AJS & AJSS (view downslope). Cannon Run Cabarrus Co., NC – 8/14/17, 8/2/19 Photo 3: Intermittent Stream AJS (view downstream). Cannon Run Cabarrus Co., NC – 8/14/17, 8/2/19 Photo 4: Non-jurisdictional gap between Stream AJ & culvert (view downslope). STREAM REACH EVALUATION FORM Date: 8/2/19 Evaluator: HAC Easting: -80.7317 Project: Cannon Run: Non-Jurisdictional Swale Northing: 35.4385 Total Points: Stream is at least intermittent if > 19 or perennial if > 30* (right-click the purple number and left-click Update Field to summarize points) 11.75 A. 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 1 3. In-channel structure: riffle- / step- pool sequence 0 1 2 3 0 4. Particle size of stream substrate 0 1 2 3 1 5. Active/relic floodplain 0 1 2 3 2 6. Depositional bars or benches 0 1 2 3 0 7. Recent alluvial deposits 0 1 2 3 1 8. Headcuts 0 1 2 3 0 9. Grade controls 0 0.5 1 1.5 0 10. Natural valley 0 0.5 1 1.5 2 11. Second or greater order channel No = 0 Yes = 3 0 Geomorphology Subtotal 8 a Man-made ditches are not rated: see discussion in NCDWQ Manual B. Hydrology 12. Presence of Baseflow 0 1 2 3 0 13. Iron Oxidizing Bacteria 0 1 2 3 0 14. Leaf litter 1.5 1 0.5 0 1 15. Sediment on plants or debris 0 0.5 1 1.5 1 16. Organic debris lines or piles (Wrack lines) 0 0.5 1 1.5 1 17. Soil-based Evidence of high water table? No = 0 Yes = 3 0 Hydrology Subtotal 3 C. Biology 18. Fibrous roots in streambed 3 2 1 0 0 19. Rooted upland plants in streambed 3 2 1 0 0 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 0 23. Crayfish 0 0.5 1 1.5 0 24. Amphibians 0 0.5 1 1.5 0 25. Algae 0 0.5 1 1.5 0 26. Wetland plants in streambed FACW= 0.75, OBL= 1.5, Other= 0 0.75 Biology Subtotal 0.75 * 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 Origins. (version 4.11) STREAM REACH EVALUATION FORM Date: 8/2/19 Evaluator: HAC Easting: -80.7313 Project: Cannon Run: Intermittent Stream AJS Northing: 35.4389 Total Points: Stream is at least intermittent if > 19 or perennial if > 30* (right-click the purple number and left-click Update Field to summarize points) 19.0 A. Geomorphology Absent Weak Moderate Strong SCORE 1a. Continuity of channel bed and bank 0 1 2 3 2 2. Sinuosity of channel along thalweg 0 1 2 3 1 3. In-channel structure: riffle- / step- pool sequence 0 1 2 3 0 4. Particle size of stream substrate 0 1 2 3 1 5. Active/relic floodplain 0 1 2 3 2 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 0 9. Grade controls 0 0.5 1 1.5 0 10. Natural valley 0 0.5 1 1.5 2 11. Second or greater order channel No = 0 Yes = 3 0 Geomorphology Subtotal 11 a Man-made ditches are not rated: see discussion in NCDWQ Manual B. Hydrology 12. Presence of Baseflow 0 1 2 3 0 13. Iron Oxidizing Bacteria 0 1 2 3 0 14. Leaf litter 1.5 1 0.5 0 1 15. Sediment on plants or debris 0 0.5 1 1.5 1 16. Organic debris lines or piles (Wrack lines) 0 0.5 1 1.5 1 17. Soil-based Evidence of high water table? No = 0 Yes = 3 3 Hydrology Subtotal 6 C. Biology 18. Fibrous roots in streambed 3 2 1 0 1 19. Rooted upland plants in streambed 3 2 1 0 1 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 0 23. Crayfish 0 0.5 1 1.5 0 24. Amphibians 0 0.5 1 1.5 0 25. Algae 0 0.5 1 1.5 0 26. Wetland plants in streambed FACW= 0.75, OBL= 1.5, Other= 0 0 Biology Subtotal 2 * perennial streams may also be identified using other methods. See page 35 of NCDWQ manual. Notes: Majority of hydrology to stream appears to be from stormwater. Little stream structure/continuity throughout. Adapted from NCDWQ: Methodology for Identification of Intermittent and Perennial Streams and their Origins. (version 4.11) NC SAM FIELD ASSESSMENT RESULTS Accompanies User Manual Version 2.1 USACE AID #: NCDWR #: INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the “Notes/Sketch” section if supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT/SITE INFORMATION: 1. Project name (if any): Cannon Run 2. Date of evaluation: 8/2/19 3. Applicant/owner name: Charlotte Real Estate Services 4. Assessor name/organization: H.Caldwell/WEPG 5. County: Cabarrus 6. Nearest named water body on USGS 7.5-minute quad: Rocky River 7. River basin: Yadkin-PeeDee 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.4345N/-80.7302W STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): Stream AJ/AJS/AJSS 10. Length of assessment reach evaluated (feet): 300 11. Channel depth from bed (in riffle, if present) to top of bank (feet): .5 Unable to assess channel depth. 12. Channel width at top of bank (feet): 1.5 13. Is assessment reach a swamp steam? Yes No 14. Feature type: Perennial flow Intermittent flow Tidal Marsh Stream STREAM CATEGORY INFORMATION: 15. NC SAM Zone: Mountains (M) Piedmont (P) Inner Coastal Plain (I) Outer Coastal Plain (O) 16. Estimated geomorphic 19 valley shape (skip for Tidal Marsh Stream): A B (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17. Watershed size: (skip Size 1 (< 0.1 mi2) Size 2 (0.1 to < 0.5 mi2) Size 3 (0.5 to < 5 mi2) Size 4 (≥ 5 mi2) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? Yes No If Yes, check all that apply to the assessment area. Section 10 water Classified Trout Waters Water Supply Watershed (I II III IV V) Essential Fish Habitat Primary Nursery Area High Quality Waters/Outstanding Resource Waters Publicly owned property NCDWR Riparian buffer rule in effect Nutrient Sensitive Waters Anadromous fish 303(d) List CAMA Area of Environmental Concern (AEC) Documented presence of a federal and/or state listed protected species within the assessment area. List species: Designated Critical Habitat (list species) 19. Are additional stream information/supplementary measurements included in “Notes/Sketch” section or attached? Yes No 1. Channel Water – assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) A Water throughout assessment reach. B No flow, water in pools only. C No water in assessment reach. 2. Evidence of Flow Restriction – assessment reach metric A At least 10% of assessment reach in-stream habitat or riffle-pool sequence is severely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates, debris jams, beaver dams). B Not A 3. Feature Pattern – assessment reach metric A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). B Not A 4. Feature Longitudinal Profile – assessment reach metric A Majority of assessment reach has a substantially altered stream profile (examples: channel down-cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). B Not A 5. Signs of Active Instability – assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down-cutting (head-cut), active widening, and artificial hardening (such as concrete, gabion, rip-rap). A < 10% of channel unstable B 10 to 25% of channel unstable C > 25% of channel unstable 6. Streamside Area Interaction – streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB A A Little or no evidence of conditions that adversely affect reference interaction B B Moderate evidence of conditions (examples: berms, levees, down-cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) C C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide 7. Water Quality Stressors – assessment reach/intertidal zone metric Check all that apply. A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) B Excessive sedimentation (burying of stream features or intertidal zone) C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem D Odor (not including natural sulfide odors) E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in “Notes/Sketch” section. F Livestock with access to stream or intertidal zone G Excessive algae in stream or intertidal zone H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc) I Other: (explain in “Notes/Sketch” section) J Little to no stressors 8. Recent Weather – watershed metric (skip for Tidal Marsh Streams) For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours B Drought conditions and rainfall exceeding 1 inch within the last 48 hours C No drought conditions 9. Large or Dangerous Stream – assessment reach metric Yes No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In-stream Habitat Types – assessment reach metric 10a. Yes No Degraded in-stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in-stream hardening [for example, rip-rap], recent dredging, and snagging) (evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) A Multiple aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) B Multiple sticks and/or leaf packs and/or emergent vegetation C Multiple snags and logs (including lap trees) D 5% undercut banks and/or root mats and/or roots in banks extend to the normal wetted perimeter E Little or no habitat F 5% oysters or other natural hard bottoms G Submerged aquatic vegetation H Low-tide refugia (pools) I Sand bottom J 5% vertical bank along the marsh K Little or no habitat *********************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS**************************** 11. Bedform and Substrate – assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11a. Yes No Is assessment reach in a natural sand-bed stream? (skip for Coastal Plain streams) 11b. Bedform evaluated. Check the appropriate box(es). A Riffle-run section (evaluate 11c) B Pool-glide section (evaluate 11d) C Natural bedform absent (skip to Metric 12, Aquatic Life) 11c. In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach – whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare (R) = present but < 10%, Common (C) = > 10-40%, Abundant (A) = > 40-70%, Predominant (P) = > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P Bedrock/saprolite Boulder (256 – 4096 mm) Cobble (64 – 256 mm) Gravel (2 – 64 mm) Sand (.062 – 2 mm) Silt/clay (< 0.062 mm) Detritus Artificial (rip-rap, concrete, etc.) 11d. Yes No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) Check for Tidal Marsh Streams Only 12. Aquatic Life – assessment reach metric (skip for Tidal Marsh Streams) 12a. Yes No Was an in-stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. No Water Other: 12b. Yes No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to “individuals” for Size 1 and 2 streams and “taxa” for Size 3 and 4 streams. Adult frogs Aquatic reptiles Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) Beetles Caddisfly larvae (T) Asian clam (Corbicula) Crustacean (isopod/amphipod/crayfish/shrimp) Damselfly and dragonfly larvae Dipterans Mayfly larvae (E) Megaloptera (alderfly, fishfly, dobsonfly larvae) Midges/mosquito larvae Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) Mussels/Clams (not Corbicula) Other fish Salamanders/tadpoles Snails Stonefly larvae (P) Tipulid larvae Worms/leeches 13. Streamside Area Ground Surface Condition – streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB A A Little or no alteration to water storage capacity over a majority of the streamside area B B Moderate alteration to water storage capacity over a majority of the streamside area C C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage – streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB A A Majority of streamside area with depressions able to pond water ≥ 6 inches deep B B Majority of streamside area with depressions able to pond water 3 to 6 inches deep C C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence – streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB Y Y Are wetlands present in the streamside area? N N 16. Baseflow Contributors – assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. A Streams and/or springs (jurisdictional discharges) B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) C Obstruction passing flow during low-flow periods within the assessment area (beaver dam, leaky dam, bottom-release dam, weir) D Evidence of bank seepage or sweating (iron in water indicates seepage) E Stream bed or bank soil reduced (dig through deposited sediment if present) F None of the above 17. Baseflow Detractors – assessment area metric (skip for Tidal Marsh Streams) Check all that apply. A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) B Obstruction not passing flow during low-flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) C Urban stream (≥ 24% impervious surface for watershed) D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach E Assessment reach relocated to valley edge F None of the above 18. Shading – assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider “leaf-on” condition. A Stream shading is appropriate for stream category (may include gaps associated with natural processes) B Degraded (example: scattered trees) C Stream shading is gone or largely absent 19. Buffer Width – streamside area metric (skip for Tidal Marsh Streams) Consider “vegetated buffer” and “wooded buffer” separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB A A A A ≥ 100 feet wide or extends to the edge of the watershed B B B B From 50 to < 100 feet wide C C C C From 30 to < 50 feet wide D D D D From 10 to < 30 feet wide E E E E < 10 feet wide or no trees 20. Buffer Structure – streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 (“Vegetated” Buffer Width). LB RB A A Mature forest B B Non-mature woody vegetation or modified vegetation structure C C Herbaceous vegetation with or without a strip of trees < 10 feet wide D D Maintained shrubs E E Little or no vegetation 21. Buffer Stressors – streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: Abuts < 30 feet 30-50 feet LB RB LB RB LB RB A A A A A A Row crops B B B B B B Maintained turf C C C C C C Pasture (no livestock)/commercial horticulture D D D D D D Pasture (active livestock use) 22. Stem Density – streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 (“Wooded” Buffer Width). LB RB A A Medium to high stem density B B Low stem density C C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer – streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide. LB RB A A The total length of buffer breaks is < 25 percent. B B The total length of buffer breaks is between 25 and 50 percent. C C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition – streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB A A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. B B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear-cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. C C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non-characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity – assessment reach metric (skip for all Coastal Plain streams) 25a. Yes No Was conductivity measurement recorded? If No, select one of the following reasons. No Water Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). A < 46 B 46 to < 67 C 67 to < 79 D 79 to < 230 E ≥ 230 Notes/Sketch: Segmented intermittent stream adjacent to sewer line causing flow alteration to stream area. Multiple debris dams causing altered pattern and overwidening. Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Cannon Run Date of Assessment 8/2/19 Stream Category Pa1 Assessor Name/Organization H.Caldwell/WEPG Notes of Field Assessment Form (Y/N) YES Presence of regulatory considerations (Y/N) NO Additional stream information/supplementary measurements included (Y/N) YES NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Intermittent Function Class Rating Summary USACE/ All Streams NCDWR Intermittent (1) Hydrology LOW LOW (2) Baseflow MEDIUM MEDIUM (2) Flood Flow LOW LOW (3) Streamside Area Attenuation MEDIUM MEDIUM (4) Floodplain Access MEDIUM MEDIUM (4) Wooded Riparian Buffer MEDIUM MEDIUM (4) Microtopography MEDIUM MEDIUM (3) Stream Stability LOW LOW (4) Channel Stability HIGH HIGH (4) Sediment Transport LOW LOW (4) Stream Geomorphology LOW LOW (2) Stream/Intertidal Zone Interaction NA NA (2) Longitudinal Tidal Flow NA NA (2) Tidal Marsh Stream Stability NA NA (3) Tidal Marsh Channel Stability NA NA (3) Tidal Marsh Stream Geomorphology NA NA (1) Water Quality HIGH HIGH (2) Baseflow MEDIUM MEDIUM (2) Streamside Area Vegetation HIGH HIGH (3) Upland Pollutant Filtration HIGH HIGH (3) Thermoregulation HIGH HIGH (2) Indicators of Stressors NO NO (2) Aquatic Life Tolerance OMITTED NA (2) Intertidal Zone Filtration NA NA (1) Habitat LOW LOW (2) In-stream Habitat LOW LOW (3) Baseflow MEDIUM MEDIUM (3) Substrate LOW LOW (3) Stream Stability MEDIUM MEDIUM (3) In-stream Habitat LOW MEDIUM (2) Stream-side Habitat HIGH HIGH (3) Stream-side Habitat HIGH HIGH (3) Thermoregulation HIGH HIGH (2) Tidal Marsh In-stream Habitat NA NA (3) Flow Restriction NA NA (3) Tidal Marsh Stream Stability NA NA (4) Tidal Marsh Channel Stability NA NA (4) Tidal Marsh Stream Geomorphology NA NA (3) Tidal Marsh In-stream Habitat NA NA (2) Intertidal Zone NA NA Overall LOW LOW Threatened & Endangered Species Report Threatened & Endangered Species Report Threatened / Endangered / Protected Species Evaluation Cannon Run Cannon Run - Threatened / Endangered / Protected Species Evaluation 22 GENERAL LANDSCAPE DESCRIPTION: Figure 1: Cannon Run - Threatened / Endangered / Protected Species Evaluation 33 METHODOLOGY: Table 1: Threatened / Endangered / Protected Species listed for Cabarrus County County: Cabarrus, NC *Source: US Fish & Wildlife Service **Data search on March 26, 2019 Group Name Federal Status Record Status Helianthus schweinitzii Myotis septentrionalis Haliaeetus leucocephalus Lasmigona decorata Cannon Run - Threatened / Endangered / Protected Species Evaluation 44 PROTECTED SPECIES DESCRIPTIONS: Helianthus schweinitzii Haliaeetus leucocephalus Lasmigona decorata Myotis septentrionalis Cannon Run - Threatened / Endangered / Protected Species Evaluation 55 RESULTS: Lespedeza cuneata Rubus Rhus copallina Lonicera japonica Smilax Sorghum halepense Andropogon virginianum Solidago Ambrosia artemisiifoila Verbena brasiliensis Phytolacca americana Helenium Gnapthalium obtusifoliumApocynum cannabinum Setaria Juniperus virginiana Pinus virginiana Pechinata Ulmus alataPrunus serotina Elaeagnus umbellata Ligustrum sinense Q. phellos Q. alba Q. velutina Q. falcata Liquidambar styraciflua Pinus virginiana P.taeda Populus deltoides Liriodendron tulipifera Acer rubrumCercis canadensisOxydendrum arboreum Carpinus caroliniana Ilex opaca Elaeagnus umbellata Sambucus canadensis Viburnum prunifoliumAsimina triloba Ligustrum sinense Smilax Lonicera japonica Bignoinia capreolata Campsis radicansParthenocissus quinquefolia Vitis rotundifolia Toxicodendron radicans Cannon Run - Threatened / Endangered / Protected Species Evaluation 66 Threatened / Endangered / Protected Species Results RECOMMENDATIONS: Cannon Run - Threatened / Endangered / Protected Species Evaluation 77 Curriculum Vitae for: Lisa R. Gaffney Biologist / Botanist Helianthus schweinitzii Hexastylis naniflora