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
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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.
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Jurisdictional Determination Request
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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
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Jurisdictional Determination Request
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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.
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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