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Home My WebLink About20091097 Ver 1_401 Application_20091009 09+1097 LETTER OF TRANSMITTAL To: Ms Cyndi Karoly NCDWQ 2321 Crabtree Blvd, Ste 250 Raleigh NC 27604 We are sending you the following items via: Hand Delivery Date: 10/15/09 Project No. 09.17902 Re: Doves Nest/United Family Services Charlotte, Mecklenburg County, North Carolina COPIES DATED DESCRIPTION 5 10/15/09 Pre-Construction Notification Application REMARKS Attached is our application for the above referenced site. Please sign below indicating that you have received our application. For questions or comments regarding this report, please contact Michael Brame. OCT I.<i 2009 Received by: 6 4W Date: DENR - WATER QUALITY Ec1q.Lp EGS CQRQL'NASia LLP "Setting the Standard for Service C? -M)L-L Geotechnical • Construction Materials • Environmental • Facilities October 15, 2009 Ms. Cyndi Karoly North Carolina Division of Water Quality, 401 Wetlands Unit PA I Subject: Pre-Construction Notification Application 2321 Crabtree Blvd. Suite 250 Raleigh, North Carolina 27604 Request for 401 Water Quality Certification Doves Nest/United Family Services Charlotte, Mecklenburg County, North Carolina ECS Project 09-17902 Dear Ms. Karoly: 9 - 1 0 9 7 Do O rCT j 5 2009 DENR - WATER QUAL'TY ?TLPwNDS AND STCR?dWATE!t 8RAlVG{ Please find five copies of the Pre-Construction Notification Application for the above referenced site. The site is located in Charlotte (Figure 1) and consists of an approximate 11.763 acre tract. The tract contains undeveloped wooded land. The site is being evaluated for development with Doves Nest (a non-profit organization that provides shelter and rehabilitation for women with children that have a substance abuse problem) and United Family Services (a non-profit organization that provides shelter and rehabilitation for battered women with children). The tract contains an unnamed tributary to Taggart Creek. In order to develop the site for its intended use, a shared stormwater pond must be constructed between the two facilities. An intermittent stream that has been deemed as non-mitigable by Mr. Steve Chapin is located in the drainage swale where the pond is to be located. The pond will impact 377 linear feet of the intermittent stream (Revised Grading Plan). On behalf of Lincoln Harris, I am requesting that a 401 Water Quality Certification be issued to authorize the impact to 377 linear feet of stream channel. There are no other stream or wetland impacts associated with this project. Based on the stream being classified as non- mitigable by Mr. Steve Chapin (Wetland Delineation Map), mitigation is not proposed. 4811 Koger Boulevard Greensboro, NC 27407 • T: 336-856-7150 • F: 336-856-7160 • www.ecslimited.oom ECS Carolinas, LLP • ECS Florida, LLC • ECS Mid-Atlantic, LLC • ECS Southeast, LLC • ECS Texas. LLP *Pre-Construction Notification Application Request for 401 Water Quality Certification Doves Nest/United Family Services Charlotte, Mecklenburg County, North Carolina ECS Project 09-17902 Please feel free to contact me at (336) 856-7150 if you have any questions concerning this request or if additional information is required. Thank you in advance for your timely consideration of this matter. Sincerely, ECS Carolinas, LLP Michael T. Brame Senior Environmental Scientist Denise M. Poulos, LSS Principal Scientist Attachments: Pre-Construction Notification Application 401 Water Quality Certification Fee -$570.00 Existing Conditions Site Plan Initial Grading Plan Revised Grading Plan Preliminary Stormwater Management Facility Design Flood Insurance Rate Map Site Location Map Soil Map Stream/Data Point Location Map Routine Wetland Determination Data Form Approved Jurisdictional Determination Form Wetland Delineation Map 2 W ATER ?o? § r 0 9_ 1 0 9 7 Office Use Only: Corps action ID no. DWQ project no. Form Version November 2008 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: 39 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? E] Yes ® No 1 d. 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 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ? Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: 2b. County: Doves Nest/United Family Services Mecklenburg 2c. Nearest municipality / town: Charlotte Subdivision name: 2d . 2e. NCDOT only, T.I.P. or state DENR-WATER ??NDS AND STORMM'?A7'ER t project no: 3. Owner Information 3a. Name on Recorded Deed: Charlotte Rescue Mission 3b. Deed Book and Page No. 21257-478 3c. Responsible Party (for LLC if applicable): Todd Farrell 3d. Street address: P.O. Box 33000 3e. City, state, zip: Charlotte, North Carolina 28202 3f. Telephone no.: (980) 321-6230 3g. Fax no.: (980) 321-6240 3h. Email address: tmfarrell@crescent-resources.com Page 1 of 13 PCN Form - November 2008 Version Section A. Applicant Information, continued 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ® Other, specify: Commercial Developer 4b. Name: Mr. Trey Dempsey 4c. 4d. Business name (if applicable): Street address: Lincoln Harris 4201 Congress Street, Suite 175 4e. City, state, zip: Charlotte, North Carolina 28209 4f. Telephone no.: (704) 714-7600 4g. Fax no.: (704) 716-8600 4h. Email address: tdempsey@lincolnharris.com 5. AgenVConsultant Information (if applicable) 5a. Name: Michael Brame 5b. 5c. Business name (if applicable): Street address: ECS Carolinas, LLP 4811 Koger Boulevard 5d. City, state, zip: Greensboro, N.C. 27407 5e. Telephone no.: 336-856-7150 5f. Fax no.: 336-856-7160 5g. Email address: mbrame @ecslimited.com Page 2 of 13 PCN Form - November 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 14524220 1 b. Site coordinates (in decimal degrees): 35.208258`N - 80.9110911 `W 1 c. Property size: 11.763 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Taggart Creek proposed project: 2b. Water Quality Classification of nearest receiving water: Class C 2c. River basin: Catawba 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: The site contains undeveloped, wooded land. A small field is located near the northern boundary. West Boulevard and residential and commercial structures are located north of the site. Commercial businesses and a church are located east of the site. Undeveloped, wooded land, a pond, a park and residential structures are located south of the site. Railroad tracks, undeveloped, wooded land and residential structures are located west of the site. 3b. List the total estimated acreage of all existing wetlands on the property: 0 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 441 linear feet 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to construct two separate facilities. The western portion of the site is proposed for development with the Doves Nest, a non-profit organization that provides shelter and rehabilitation for women with children that have a substance abuse problem. The eastern portion of the site is propsed for development with United Family Services, a non-profit organization that provides shelter and rehabilitation for battered women with children. 3e. Describe the overall project in detail, including the type of equipment to be used: In order for the site to be developed as proposed, two 55,000 square foot buildings and associated parking areas must be must be cleared using timber harvesting equipment including skidders, loaders and logging trucks. it Th d e s e . constructe The site will be grubbed and graded using bulldozers, trackhoes, pans, dump trucks and other grading equipment. A stormwater pond is proposed to be constructed between the two facilities in a low-lying area on the site. The pond will be constructed by excavating in a drainage swale and creating an earthen dam and installing an outlet structure. The pond will impact 377 linear feet of intermittent stream. The construction of the stormwater pond will require the use of the excavation equipment that will be used to grade the other portions of the site. After the site has been graded and the stormwater pond has been constructed, the construction roads will be gravelled and the buildings will be constructed. Upon completion, the roads and parking areas will be paved and a fence will be built along the perimeter of the site to control access to and from the site. The entrance will be gated. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ® Yes ? No ? Unknown project (including all prior phases) in the past? 4b. If the Corps made the jurisdictional determination, what type ? Preliminary ® Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: ECS Carolinas, LLP Name (if known): Michael T. Brame Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Mr. Steve Chapin with the U.S. Army Corps of Engineers visited the site on August 11, 2009 to verify the delineation by ECS. Mr. Chapin signed the wetland survey map on September 21, 2009. The streams on the site were determined to be non-mitigable. Page 3 of 13 PCN Form - November 2008 Version Page 4 of 13 PCN Form - November 2008 Version B. Project Information and Prior Project History 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 2b. Type of 2c. Type of wetland 2d. Forested 2e. Type of 2f. Area of impact (acres) number - impact (if known) jurisdiction Permanent (P) or (Corps - 404, Temporary (T) DWQ - non- 404, other W1 ? P ? T ? Yes ? No ? Corps ? DWQ W2 ? P ? T ? Yes ? No ? Corps ? DWQ W3 ? P ? T ? Yes ? No ? Corps ? DWQ W4 ? P ? T ? Yes ? No ? Corps ? DWQ W5 ? P ? T ? Yes ? No ? Corps ? DWQ W6 ? P ? T ? Yes ? No ? Corps ? DWQ Total wetland impacts Comments: There are no wetlands located on the site. 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 3b. Type of 3c. Stream name 3d. Perennial (PER) or 3e. Average stream width (feet) 3f. Impact length number - impact intermittent (INT)? (linear feet) Permanent (P) or Temporary (T) S1 ® P ? T Stormwat UT to Taggart ? PER ® INT 4.44 377 er Pondl Creek S2 ?P?T ?PER ?INT S3 ? P ? T ? PER ? INT S4 ? P ? T ? PER ? INT S5 ? P ? T ? PER ? INT S6 ? P ? T ? PER ? INT Total stream and tributary impacts 377 Comments: The stream that is being impacted is intermittent. It was determined to be a non-mitigable stream during the site ,Aei+ h" nnr _qfava C.hnnin anti Mr_ Michael Brame. Page 5 of 13 PCN Form - November 2008 Version C. Proposed Impacts Inventory, continued mpacts (for DWQ) project impact a protected buffer? ?Yes ®No Pw hich basin? ? Neuse ? Tar-Pamlico ? Catawba ? Randleman ? Other: c. y, hen individually list all buffer impacts below. I f any impacts require mitigation, then you MUST fill out Section D of this form . Buffer impact number - Permanent (P) or Temporary T Reason for impact Stream name Buffer mitigation required? Zone 1 impact (square feet) Zone 2 impact (square feet) B1 ?P?T ?Yes ?No B2 ?P?T ?Yes ?No B3 ?P?T ?Yes ?No B4 ?P?T ?Yes ?No B5 ?P?T ?Yes ?No B6 ?P?T ?Yes ?No Total buffer impacts ments: The project will not impact protected riparian buffers. O en Water Im acts r5. If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individual) list all open water impacts below. Open water impact number - Permanent (P) or Temporary T Name of waterbody (if applicable) Type of impact Waterbody type Area of impact (acres) 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T Total open water impacts r'-mmcntc• The nrniPrt will not impact open waters. Page 6 of 13 PCN Form - November 2008 Version C. Proposed Impacts Inventory, continued 6. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 6a. 6b. 6c. 6d. 6e. Open Wetland (acres) Stream (feet) Upland water Proposed use or (acres) impact number purpose of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 Stormwater and 40 337 Aesthetics P2 P3 P4 Total 40 337 Comments: A pond must be constructed on the site to satisfy stormwater requirements. There are no areas on the site that are located on high ground where the pond can be constructed. The only area that is suitable for treating stormwater from both sides of the site contains an intermittent stream. The developer has designed a pond that will satisfy stormwater requirements as well as being aesthetically pleasing to the Doves Nest and United Family Services. It will also function as a boundary between the two occupants of the site. 6f. Is a dam high hazard permit required? ? Yes ®No If yes, permit ID no: 6g. Expected pond surface area (acres): 0.55 6h. Size of pond watershed (acres): 7.50 6i. Method of construction: Excavated with earthen dam. Page 7 of 13 PCN Form - November 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The initial design (included as an attachment) showed impacts to 442 linear feet of stream channel. By shifting the buildings on the western portion of the site, impacts to the stream were limited to 377 linear feet (Revised Grading Plan, Attached). Sixty-five linear feet of stream channel (the down gradient section) will remain undisturbed and are being avoided by the proposed project. The northeastern portion of the site will remain a natural buffer between the buildings on the site and West Boulevard. The site, when developed, will provide temporary living quarters for substance abuse mothers with children and abused mothers with children. The facility will be fenced and gated and it is critical that the facilities be distanced from West Boulevard. Therefore, the area will be left natural. The stormwater pond could not be placed in the natural area due to topographic and grading constraints. The only place to put the retention pond and have the site work was in the intermittent stream channel on the south central portion of the site. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Best management practices, including the use of erosion control fencing and the construction of temporary sediment traps will be used to avoid impacts to downgradient streams. Water, if present, will be pumped fropm the stream into a temporary sediment trap before being discharged into the stream on the southern end vof the property that will remain undisturbed. A vegetated buffer will remain on the undisturbed section of stream. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ? Yes ® No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps ? Mitigation bank 2c. If yes, which mitigation option will be used for this ? Payment to in-lieu fee program project? ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: NA 3b. Credits Purchased (attach receipt and letter) Type Quantity 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: warm, cool, cold 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 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 8 of 13 PCN Form - November 2008 Version D. Impact Justification and Mitigation, continued 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 Reason for impact Total impact (square feet) Multiplier Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 Total buffer mitigation required: 6c. 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). 6d. Comments: Page 9 of 13 PCN Form - November 2008 Version 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 ? Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? ? Yes ® No 2. Determination if the Project Requires a Stormwater Management Plan 2a. Does the project require a Non-404 Jurisdictional General Permit? ® Yes ? No 2b. Is the project subject to General Certification 3704 or 3705? ® Yes ? No 3. Determination of Stormwater Review Jurisdiction 3a. Is this project subject to any of the following state-implemented stormwater ? Coastal counties ? HQW management programs (check all that apply)? ? ORW If so, attach one copy of the approval letter from the DWQ and one copy of the ? Session Law 2006-246 approved stormwater management plan. ? Other: 3b. In which local government's jurisdiction is this project? Charlotte 3c. Is this local government certified to implement a state stormwater program? ® Yes ? No If so, attach one copy of the approval letter from the local government and one copy of the approved stormwater management plan (or one copy of the approved Stormwater management plan stamped as approved). 4. Information Required for DWQ 401 Unit Stormwater Review 4a. What is the overall percent imperviousness according to the most current site plan? 57% 4b . Does this project contain any areas that meet the criteria for "high density" per ® Yes ? No General Certifications 3704 and 3705? 4c. If the site is over 24% impervious and/or contains high density areas, then provide a brief narrative description of the stormwater management plan. A stormwater pond has been designed between the two facilities that are proposed to be constructed on the site. Due to topographic constraints, the pond could not be placed in the natural area on the northeastern portion of the site. The stormwater pond has been designed to remove a minimum of 85% TSS from surfacewater runoff and will also function as a detention pond. The stormwater plan is being submitted to the City of Charlotte for approval. A copy of the approved plan will be submitted to the North Carolina Division of Water Quality upon receipt. Copies of the calculations used to size the pond are included as attachments. 4d. Has a completed BMP Supplement Form with all required items been submitted ? Yes ® No for each stormwater BMP? Page 10 of 13 PCN Form - November 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ® No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ? Yes ? No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 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 ? Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. All stormwater will be treated through the detention pond. Appropriate erosion control measures will be implemented to project water quality on the site and down stream of the site. The project will serve residents in the area and it is not anticipated that it will spur additional development in the area. 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 enter sanitary sewer lines that discharge into the Charlotte Mecklenburg Wastewater Treatment Facility. Page 11 of 13 PCN Form - November 2008 Version F. Supplementary Information, continued 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ? Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No impacts? ? Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? We reviewed the Endangered Species List that is maintained by the North Carolina Natural Heritage Program for the Charlotte West, NC Quadrangle (the quadrangle that contains the site). The Carolina Heelsplitter (Lasmigona decorata) is identified as a federally listed endangered species that has been identified on the site quadrangle. This invertebrate animal inhabits the Catawba and Pee Dee drainages in Union County. The animal was historically documented as inhabiting areas of Mecklenburg County. The Carolina Heelsplitter has gills and requires water to breath. The stream on the site is intermittent. We did not observe this species or potential habitat for this species on the site. 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? The stream on the site is classified as Class C by the NCDENR DWQ. Fish do not inhabit the stream on the site. The stream is intermittent and provides minimal habitat for aquatic species and is not considered to be 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 ? Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? The site contains undeveloped, wooded land. We did not observe historically significant structures or evidence of archaeological resources on the site during our site visit. To the best of our knowledge, the proposed development will not impact historic or prehistoric cultural 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: NA 8c. What source(s) did you use to make the floodplain determination? FEMA FIRM #s 37119C0185E. According to the map, the site is located in Zone X, an area outside the 0.2% annual chance floodplain. A copy of the map is included in the attachments. 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LIN[t1 00 0- n N . 66 si oN ioaroaa i a ? c t g ri O urp t? rr f +++qqq ? ?D?WO Wr NRr9 Z F- z Z CL A N "4. X ? a o f55- (-??9e? f( ? 2 N i ? a LrJ z (A ?01 N t t W? a C3: w ... ? 4-r Ur? o V1 CQ M 7E C n o 13 W Y p --?'1:1 N maN rt y ?i CS is fi r N ca ?„r ? +S 1 ]I {"I Lit E+ ? x U LLJ i Q LL- -- d z LiLJ -1 _ co r7 United Family Services Preliminary Stormwater Management Facility Design J.C. Diaz, PE UFS-09000 Stage-Storage 10/12/2009 Average Incremental Accumulated Estimated Contour Contour Contour Contour Stage Contour Stage Area Area Volume Volume w/ S-S Fxn (feet) (feet) (SF) (SF) (CF) (CF) (feet) 676.00 0.0 23897 677.00 1.0 26739 25318 25318 25318 1.01 678.00 2.0 29736 28238 28238 53556 1.98 679.00 3.0 31815 30776 30776 84331 2.99 680.00 4.0 34358 33087 33087 117418 4.03 140000 120000 100000 v 80000 d A 60000 0 40000 20000 0 Storage vs. Stage y = 25,162.7887x1.1048 RI = 0.9998 0.0 1.0 2.0 3.0 4.0 5.0 Stage (feet) Ks = 25,162.8 b = 1.1048 X:\Projects\UFS\UFS-09000\Stonn\Preliminary Stonnwater Management Facility Design Page 1 United Family Services Preliminary Stormwater Management Facility Design J.C. Diaz, PE UFS-09000 Water Ouality Volume 10/12/2009 1. CALCULATION OF 1" VOLUME FOR WATER QUALITY The runoff to the pond for the 1" storm detention requirement is calculated using the Schueler Method in accordance with the Charlotte-Mecklenburg BMP Design Manual, (April 2008). WO r, = (P) (R r) (A)/I2 WQv = water quality volume (in acre-ft) Rv= 0.05+0.009(I) where I is percent impervious cover A = area in acres P = rainfall (in inches) Input data: Impervious area = 4.25 acres (3.75 acres onsite and 0.5 acres from offsite areas) Total area, A = 7.50 acres Percent impervious cover, I = 56.7 % Rainfall, P = 1 inches Calculated values: Rv = 0.56 WQv= 0.35 acre-ft Therefore, total runoff from precipitation in question = 15,246 CF This amount of runoff must be stored in the pond above and be released in a period of two (2) to five (5) days, by an inverted PVC siphon, the invert end of which is set at permanent pool elevation. H. 'CALCULATION ,OF DEPTH REQUIRED FOR RUNOFF STORAGE POOL (ABOVE NORMAL POOL) Normal pool depth (above invert) = 0.00 feet Storage provided at permanent pool depth = 0 CF (calculated) Total storage required for normal + storage pool = 15246 CF Ks = 25162.8 b = 1.1048 Invert Elevation= 676.00 Stage (above invert) associated with this storage = 0.64 feet Therefore, depth required above normal pool for storm storage = 0.64 feet 7.62 inches Therefore set crest of principal spillway at stage = 1.00 feet and EL = 677.00 feet At principal spillway crest, storm pool storage provided = 25,163 CF X:\Projects\UFS\UFS-09000\Stonn\Preliminary Stormwater Management Facility Design Page 2 United Family Services Preliminary Stormwater Management Facility Design J.C. Diaz, PE UFS-09000 DWQ Surface Area Sizing 10/12/2009 1. SURFACE AREA Impervious Area = 4.25 acres (3.75 acres onsite and 0.5 acres from offsite areas) Drainage Area = 7.50 acres % Impervious = 57% Average Depth = Accumulated Contour Volume / Surface Area Average Depth = 3.0 ft. assume minimum average depth Per NCDENR "Stormwater Best Management P ractices", the required SA/DA ratio -? 3.0 3.0 4.0 Lower Boundary --> 50.0 2.06 1.73 Site % impervious - 56.7 2.29 2.29 1.93 Upper Boundary --> 60.0 2.40 2.03 Area Required = 7471 sq.ft. Area Provided = 23897 s .ft. X:\Projects\UFS\UFS-09000\Storm\Preliminary Stormwater Management Facility Design Page 3 "TAF1 R A ... p-.. TOME AF . rot* R WAM ? fwnlx ?\11?R ? 4 ' u. z .nyp, 1 ? v ? r >Qa ? 4 ? 1 ffl?` 49P5xx[? ° ,+ s[ ( rxxn^ ?E4i1iC1i?tICA3P,d?. x1.TtIIS ? ? k . saa .. ?s'r wb asm [[fd ilri mR I. t =1 R4: 3T?SH v'. t rtM tYYx .Mile 4 ?? aax ? r ? I i x c 'v e. w tl ?. ? 34w ? 1 411-1 Vk7 ? turxn t? tr 1 it. i has•n11 V?1 rm ? ? ? ? L b - d v r?tw ,icr=tr tY.»[x k+?+ q eeYaw R+.? iM+?sx 2G16.??} at -zoo* Al Y!r<rd+>e4 >° „ {rpsl rtwMea 4ex til •S ? =,,-?•r;•.,k :gal VA?i ! .. ..? "•" 1 - W l 2 • '?y'r i uti ;. 4kp }:'+ 1 k ((4 S . vL Pm ' ,mac.. ap, e , b'y SITE tl f - '700 it wo ?? QS •'?.?• ?.?, ??, ! .? ? ?• ft +L f ??C, (c ...34,.. ' '?Y .. - J?dyv?,.rt.'L, r _ r Y < ' A-Upw ti fir - ??• ? t Pte' ? ? ? ?r??anF ? } ,? c° j tt,s?<vyr 40 V boo ya- t,""` M?le?te?3w,?.rt:;c,ma 3ax.t. t'. • -°w" ..- k °` ? ? I ? v ?1 t a , ? .- 'D!3)5 Al ?.?r'lICtTD17 ?' t ',rr M?. "? +=, ? - ? S? ; i : ? ? t ?? '` r lr', •'ti ,Wow 40 N ? ' SOURCE: FIGURE 1 USGS TOPOGRAPHIC MAP SITE LOCATION MAP CHARLOTTE WEST, NC QUADRANGLE APPROXIMATE 11.760 ACRE TRACT DATED 1993 WLwLp WEST BOULEVARD CHARLOTTE, NORTH CAROLINA SCALE: 1°' _ ?,000° CAROLINAS ECS PROJECT NO. 09-17749A J , U r ?" it vd?. c:- ?Y?rr ,.;,. % Le8? '\ CeB.? L& v f C•(F f r GuF ?-`•t t ?i ?..u?.f•.' f?'_- fri^ j/?`\ f, i:4y? y f ? .?..?` ! JJj» Cub, SITE .-- \ CeE UK C62 ? III ? I 'a - iG I Berl L M e F 1 e GeF? ?Vy L LB Mt: t i ,e" a:\ee 1 V II !? U( lJFi I i t Er.e s k / j rP nB C. 11 1 -l k,- , 4Tanicir>ai Air}?ui± • UST f,R RP? ' (? /.?.. .,\ C Lip Mkp T { ^. F 'fir \+ r j ? m it r (! ?G M Ca - ?j--? ?? C uF '' V Ili t r , \ C:r6 -- ' /1 M j wkrj cal -wEl r S En6 TA,B )i \ Fn8 ?/ e, C.eU't ?, 3 W. 0 ;.? WkC7?? ?O 4Q Me ? En8 CeB2 UL ?? M I MG ? i A l MeF EnF eC r MeF 1 ' vv ? D WE LnEl ems' _ '? 'CeS U U4 wE C.eEI{)j` r F, Ent' i!r3\ \; - P? r Men Ce62 CT. 2 M.6 MeF C % '.. I Ceb? a F 1 ? ?S C' z'ra r 1' (i 4J L'eG2" m` Ji ti. aaF MeB Mel \ MeF Cyr, P 1 f_ee2 Mef ) _ fvle T FaE ((?? ?+ " a f?.i /,may ^??` 1r 9 p1 ?+71SIPooTU;t (?J? ?U GeSJ? CeE32 Ur Ce(. r C 1 c >v' % ! -7'f N i SOURCE: FIGURE 2 USDA SOIL SURVEY OF MECKLENBURG SOIL MAP COUNTY, NORTH CAROLINA APPROXIMATE 11.760 ACRE TRACT SHEET NUMBER 6 UP WEST BOULEVARD ISSUED JUNE 1980 CHARLOTTE, NORTH CAROLINA SCALE: I" = 2,000' CAROLINAS ECS PROJECT NO. 09-17749A THE STREAM LOCATIONS SHOWN ON THIS MAP ARE APPROXIMATE. THEY HAVE BEEN DELINEATED BY ECS. THEY WERE VERIFIED BY THE US ARMY CORPS OF ENGINEERS ON AUGUST 11, 2009. r' al- 0,4 $3{??r'. ? i ? T ?, ,?? ai z d .ay. a? e,R- 6" ..,? xt „??• ? ? _?. L, ? ?s "?}.4?,. ,? ?? ? . `1309 0liiiliL3 inF{. 4 F? : µ; ,tom Mrt y, 114 1 4 L IA n ? b V1CIE Ta: Aftv ? ? d 3' 1.•k ?. ? ,{"`a p„ .?' ? ? ?Il,? D ? 4 ; ? 'S ??S'?` G ° _? ?d: ?z k?' esa?e '?? ?F ? _ "j `? 41, o y, T ' 1 E':' ,?i."? 1 1 ?' ?.? ?4' Wig' y ? ?°" ? ?'? ?. # ? :. ``• . 14 3:0b'l A, ok_ +{ .x lw, i Ziii` ?![ett S i ? ?al G' ? ? R ? ?r ..,,i. ? ? `k'b'. M1;? 31?ir'?.:? ? "" ? F .'?' y, ?•dk , i W LEGEND 200 SOURCE: 2007 AERIAL PHOTOGRAPH FROM THE MECKLENBURG COUNTY, NC GIS WEBSITE AND FIELD NOTES PREPARED BY ECS PERSONNEL FIGURE 3 STREAM/DATA POINT LOCATION MAP APPROXIMATE 11.760 ACRE TRACT WEST BOULEVARD CHARLOTTE, NORTH CAROLINA ECS PROJECT NO. 09-17749A - - Approximate Location of Intermittent Stream DP-I R Approximate Location of Data Point - DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Approximate 11.760 Acre Tract - West Boulevard Project No: Date: 08/11/2009 Applicant/Owner: Lincoln Harris County: Mecklenburg Investigators: ECS Carolinas, LLP 09-17749A State: North Carolina Plot ID: DP-1 Do Normal Circumstances exist on the site? Yes No Community ID: Is the site significantly disturbed (Atypical Situation:)? ?Yes ® No Transect ID: Is the area a potential Problem Area? ?Yes ® No Field Location: View Figure 3 (If needed, explain on the reverse side) VFC_F.T A TION Dominant Plant Species (Latin/Common) Stratum Indicator Plant Species (Latin/Common) Stratum Indicator Ligustrum sinense Chinese privet Tree/Sap FAC Acer rubrum Red maple Tree/Sap FAC Quercus alba White oak Tree/Sap FACU Lonicera japonica Japanese honeysuckle Vine FAC- Smilax rotundifolia Common greenbrier Herb FAC Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-): 60% FAC Neutral: 0% Numeric Index: Remarks: The dominant vegetation is hydrophytic. HYDROLOGY Recorded Data (Describe in Remarks): Wetland Hydrology Indicators ? Stream, Lake or Tide Gauge ? Aerial Photographs ? Other Primary Indicators ? Inundated ? Saturated in Upper 12 Inches ? Water Marks ® No Recorded Data ? Drift Lines ? Sediment Deposits Field Observations ? Drainage Patterns in Wetlands Secondary Indicators Depth of Surface Water: 0" ? Oxidized Root Channels in Upper 12 Inches ? Water-Stained Leaves Depth to Free Water in Pit: >12" ? Local Soil Survey Data ? FAC-Neutral Test Depth to Saturated Soil: >12" ? Other (Explain in Remarks) Remarks: Wetland hydrology indicators are not present. (Wetform) Page 1 of 2 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) - d Project No: Date: 08/11/2009 7 Project/Site: Approximate 11.760 Acre Tract - West Boulevar Applicant/Owner: Lincoln Harris County: Mecklenburg Investigators: ECS Carolinas, LLP 09-17749A State: North Carolina Plot ID: DP-1 Map Unit Name (Series and Phase): Mecklenburg fine sandy loam ® No ? ?Y Map Symbol: MeD es Mapped Hydric Inclusion ? No ®Y T Drainage Class: Well drained es ype: Field Observations Confirm Mapped Taxonomy (Subgroup): Ultic hapludalfs Profile Description Depth (inches) Horizon Matrix Color (Munsell Moist) Mottle Color (Munsell Moist) Mottle Abundance/Contrast Texture, Concretions, Structure, etc. 0-12 10YR 4/4 0% Loam Hydric Soil Indicators: ? Histosol ? Concretions ? Histic Epipedon ? High Organic Content in Surface Layer in Sandy Soils ? Sulfidic Odor ? Organic Streaking in Sandy Soils ? Aquic Moisture Regime ? Listed on Local Hydric Soils List ? Reducing Conditions ? Listed on National Hydric Soils List ? Gleyed or Low Chroma Colors ? Other (Explain in Remarks) Remarks: Hydric soil indicators are not present. ? TTAAT h'Jjjl/['?l\L LL' 1L'1?1?111\Ai1v1. - Hydrophytic Vegetation Present? Yes No Is the Sampling Point within the Wetland? Yes No Wetland Hydrology Present? ?Yes ® No Hydric Soils Present? nYes N No Remarks: Wetland hydrology and hydric soil indicators are not present. The sampling point is not located within a wetland. (Wetform) Page 2 of 2 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook SECTION 1: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): September 3, 2009 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Asheville, Approximate 11.760 Acre Tract, West Boulevard, ECS Project No. 08-6084B C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: NC County/parish/borough: Mecklenburg City: Charlotte Center coordinates of site (lat/long in degree decimal format): Lat. 35.207792° N, Long. -80.910875° W. Universal Transverse Mercator: Name of nearest waterbody: Taggart Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Sugar Creek Name of watershed or Hydrologic Unit Code (HUC): 03050103 0 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): Sugust 11, 2009 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): t ? TNWs, including territorial seas Wetlands adjacent to TNWs Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs Non-RPWs that flow directly or indirectly into TNWs ? Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ? Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ? Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs Impoundments of jurisdictional waters Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non-wetland waters: 442 linear feet: 4-5 width (ft) and/or 0.05 acres. Wetlands: acres. c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual Elevation of established OHWM (if known): Unknown. 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: ' Boxes checked below shall be supported by completing the appropriate sections in Section III below. z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). 3 Supporting documentation is presented in Section III.F. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.l. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting determination 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or 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 waterbodya 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: 14.548 acres Drainage area: 14.548 acres Average annual rainfall: 45.9 inches Average annual snowfall: 5.5 inches (ii) Physical Characteristics: (a) Relationship with TNW: ? Tributary flows directly into TNW. ® Tributary flows through 2 tributaries before entering TNW. Project waters are 10-15 river miles from TNW. Project waters are 1(or less) river miles from RPW. Project waters are 15-20 aerial (straight) miles from TNW. Project waters are 1-(oriless) aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNW5: The unnamed tributary on the site flows into an unnamed tributary to Taggart Creek which flows into Irwin Creek which flows into Sugar Creek and crosses into South Carolina.. o Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. s 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: First. (b) General Tributary Characteristics (check all that apply): Tributary is: ? Natural ? Artificial (man-made). Explain: ® Manipulated (man-altered). Explain: Some areas have been straightened/influenced by previous existing crossing. Tributary properties with respect to top of bank (estimate): Average width: 4-5 feet Average depth: 4-5 feet Average side slopes: Vertical (1:1 or less). Primary tributary substrate composition (check all that apply): ® Silts ® Sands ? Concrete ® Cobbles ® Gravel ® Muck ® Bedrock ® Vegetation. Type/% cover: 20 ? Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks). Explain: highly eroding in areas/silted up in the lower end. Presence of run/riffle/pool complexes. Explain: Minimum amount of riffle-pool complexes. Tributary geometry: Relatively straight Tributary gradient (approximate average slope): 2.6 % (c) Flow: Tributary provides for: Intermittent but not seasonal flow Estimate average number of flow events in review area/year: 11-20 Describe flow regime: Spotty. Other information on duration and volume: Surface flow is: Discrete. 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 ? changes in the character of soil ? ® shelving ? ® vegetation matted down, bent, or absent ® leaf litter disturbed or washed away ® sediment deposition ? ® water staining ? other (list): the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community ? Discontinuous OHWM.7 Explain: If factors other than the OHWM were used to determ High Tide Line indicated by: ? ? oil or scum line along shore objects ? fine shell or debris deposits (foreshore) ? physical markings/characteristics ? tidal gauges ? other (list): ine lateral extent of CWA jurisdiction (check all that apply) Mean High Water Mark indicated by: ? survey to available datum; ? physical markings; ? vegetation lines/changes in vegetation types. (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Water color is relatively clear in areas where water is present. There are sediment deposits. Identify specific pollutants, if known: 'A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ® Riparian corridor. Characteristics (type, average width): Bottomland hardwoods in areas (approximately 100 feet). ? 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 acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: No. (b) General Flow Relationship with Non-TNW: Flow is: No Flow . Explain: Surface flow is: Not present 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: ? Ecological connection. Explain: ? Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ? Riparian buffer. Characteristics (type, average width): ? Vegetation type/percent cover. Explain: mature hardwoods; 30% Cover. ? Habitat for: ? Federally Listed species. Explain findings: ? Fish/spawn areas. Explain findings: ? Other environmentally-sensitive species. Explain findings: ? Aquatic/wildlife diversity. Explain findings: Aquatic wildlife was observed with moderate diversity.. 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pick List Approximately ( 0 ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: Functions to filter runoff and slow flood waters. Biodiversity is moderate. Wetland is located in an old pasture. 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 IILD: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: 7 TNWs: linear feet width (ft), Or, acres. [] Wetlands adjacent to TNWs: acres. 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: Minows are present. Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: 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): Z Tributary waters: 475 linear feet 4-5 width (ft). Other non-wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Q Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section 111.13 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: 1.35 acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. E3 Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. } Demonstrate that impoundment was created from "waters of the U.S.," or Demonstrate that water meets the criteria for one of the categories presented above (1-6), or Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):" ? which are or could be used by interstate or foreign travelers for recreational or other purposes. [] from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. which are or could be used for industrial purposes by industries in interstate commerce. Interstate isolated waters. Explain: Other factors. Explain: 8See Footnote # 3. 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. 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: ? 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: acres. Other non-wetland waters: acres. List type of aquatic resource: ? Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Data sheets prepared/submitted by or on behalf of the applicant/consultant. ? Office concurs with data sheets/delineation report. ? Office does not concur with data sheets/delineation report. ? Data sheets prepared by the Corps: ? Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: ? USGS NHD data. ? USGS 8 and 12 digit HUC maps. ? U.S. Geological Survey map(s). Cite scale & quad name: ® USDA Natural Resources Conservation Service Soil Survey. Citation: National wetlands inventory map(s). Cite name: ? State/Local wetland inventory map(s): ? FEMA/FIRM maps: ? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ? Photographs: ? Aerial (Name & Date): or ? Other (Name & Date): Previous determination(s). File no. and date of response letter:August 11, 2009 site visit. Applicable/supporting case law: ? Applicable/supporting scientific literature: ? Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: The stream on the site is intermittent and has been impacted with sediment. Mr. Brame and Mr. Chapin met on the site on August 11, 2009 and determined the stream to have minimal aquatic funnction. The stream is a non-mitigable/intermittent stream. 0000-Las (r04) LINZ YKnoxra ZLHON '3z Lana &M NO1LV3W13C[ CNVLLq& 600Z/ W/S !31va to eoa amns 'am Timm TOL9 VNnOHVD HMON e1].I.lH11OV OQL19N 1OaK `_.._ JD H V HO OZ t=„ G d saoxanans/sa3NNV?a/sua3ra?N3 :arvas ? '?NI `lI N?'dN i O ? ® ?VA3gnOE1 JSS inn-000605-4n U 7?? r ?'( ? T 7 SN Y (Iv?7/7?7OW Q NL1Or1 HH1 T/ ?Dj?MS A.LLB l YA G i TAT( WLLtla 00060-sin ON iJaf08a z w C9 `???? unu?q??f c5 Q z p 4 z F- Q w 0 1, z LL v' 0 O O Q? 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