20180393 Ver 1_SAW_2013_02255_20180319

FILE
FILE
ORM ID NUMBER: SAW-2013-02 253
From Date:
Combined with:SAW-
Converted From: SAW-
Related to: SAW-
Remarks:
To Date:
Amschler, Crystal C SAW
, From:
Sent: '
To:
Subject:
Amschler, Crystal C SAW
Monday, June 02, 2014 4:45 PM
'Rebekah Newton'
RE: Charlotte Douglas International Airport - Barry Drive (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Rebekah,
Based on my understanding of this project from previous conversations with you and the
information you've provided, the project involves the rehabilitation of a road crossing a
tributary that recently failed. The existing culvert will be replaced with a bridge that
will span across the stream and the stream will be brought back to original grade and
condition. Based on my understanding of the project, the Charlotte Douglas International
Airport is authorized to proceed under Nationwide Permit (NWR+-3 for Maintenance and no
further notification for this project is required. I have attached the NWP=3 and permit
conditions for your reference. Please note, the work must be done in compliance with all
permit conditions.She ,(N h*.ve 54, 04 AJAX - / 9 04
If my understanding of the project is not correct, the project changes or you have any
questions regarding this information please feel free to call me.
Thanks,
Crystal C. Amschler
Project Manager
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28403
(828)-271-7980 Ext 231
-----Original Message-----
From: Rebekah Newton [mailto:[e-mail]
Sent: Thursday, May 29, 2014 4:12 PM
To: Amschler, Crystal C SAW
Subject: [EXTERNAL] Charlotte Douglas International Airport
Crystal,
Barry Drive
The Charlotte-Douglas International Airport would like to remove the existing culvert at
Barry Drive and replace it with a bridge that will completely span the stream (see attached
plans). The span will be approximately 25 feet long and footers will be placed above top-of-
bank. The stream contours will be returned to pre-existing conditions and match the existing
dimension of the upstream and downstream reaches. Stream banks will be sloped at a 2:1 and
matted and seeded to prevent erosion. No rip-rap will be used in the channel.
1
Based on the above information and conversations with you, it is our understanding that the ,
activity qualifies for a Nationwide Permit 3 ; however, notification to the Corps is not
required. Please review the attached plan and verify that our understanding is correct.
Please do not hesitate to contact me with any questions or if you need additional ,
4
information.
Thank you.
Rebekah Newton
cid:image002.gif@01CDC710.E8788690
224 South Grove Street, Suite F
Hendersonville, NC 28792
Office: 828-698-9800
Mobile: [phone]
[e-mail] <mailto:[e-mail]>
P Please consider the environment before printing this e-mail.
Classification: UNCLASSIFIED
Caveats: NONE
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The design and information shown on this drawing is provided as a service to the project owner, engineer and
contractor by Contech Engineered Solutions LLC ("Contech"). Neither this drawing, nor any part thereof, may be
used, reproduced or modified in any manner without the prior written consent of Contech. Failure to comply is done
at the user's own risk and Contech expressly disclaims any liability or responsibility for such use.
If discrepancies between the supplied information upon which the drawing is based and actual field conditions are
encountered as site work progresses, these discrepancies must be reported to Contech immediately for
re-evaluation of the design. Contech accepts no liability for designs based on missing, incomplete or inaccurate
information supplied by others.
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9025 Centre Pointe Dr., Suite 400, West Chester, OH 45069
800-33&1122 513-645-7000 513-6457993 FAX
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25'-2" Span x 7'-0" Rise (Structure Number 83)
Charlotte, North Carolina
PROJECT No.SEQ. No.DATE:
203003 -5/8/2014
DESIGNED·DRAWN.
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CHECKED:APPROVED:
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SHEET NO.:
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The design and information shown on this drawing is provided as a service to the project owner, engineer and
contractor by Contech Engineered Solutions LLC ("Contech"). Neither this drawing, nor any part thereof, may be
used, reproduced or modified in any manner without the prior written consent of Contech. Failure to comply is done
at the user's own risk and Contech expressly disclaims any liability or responsibility for such use.
IT discrepancies between the supplied information upon which the drawing is based and actual field conditions are
encountered as site work progresses, these discrepancies must be reported to Contech immediately for
re-evaluation of the design. Contech accepts no liability for designs based on missing, incomplete or inaccurate
information supplied by others.
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ENGINEERED SOLUTIONS LLC
www.ContechES.com
9025 Centre Pointe Dr., Suite 400, West Chester, OH 45069
800-338-1122 513-645-7000 513-645-7993 FAX
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Barry Drive
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PROJECT No.:SEQ. No.DATE:
203003 -5/8/2014
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contractor by Contech Engineered Solutions LLC ("Contech"). Neither this drawing, nor any part thereof, may be
used, reproduced or modified in any manner without the prior written consent of Contech. Failure to comply is done
at the user's own risk and Contech expressly disclaims any liability or responsibility for such use.
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If discrepancies between the supplied information upon which the drawing is based and actual field conditions are
encountered as site work progresses, these discrepancies must be reported to Conlech immediately for
re-evaluation of the design, Contech accepts no liability for designs based on missing, incomplete or inaccurate
information supplied by others.
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ENGINEERED SOLUTIONS LLC
www.ContechES.com
9025 Centre Pointe Dr., Suite 400, West Chester, OH 45069
800-338-1122 513-645-7000 513-645-7993 FAX
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PROJECT No.:SEQ. No.DATE:
203003 -5/8/2014
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The design and information shown on this drawing is provided as a service to the project owner, engineer and
contractor by Contech Engineered Solutions LLC ("Contech"). Neither this drawing, nor any part thereof, may be
used, reproduced or modified in any manner without the prior written consent of Contech. Failure to comply is done
at the user's own risk and Contech expressly disclaims any liability or responsibility for such use.
·lf discrepancies between the supplied information upon which the drawing is based and actual field conditions are
encountered as site work progresses, these discrepancies must be reported to Contech immediately for
re-evaluation of the design. Contech accepts no liability for designs based on missing, incomplete or inaccurate
information supplied by others.
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www.ContechES.com
9025 Centre Pointe Dr., Suite 400, West Chester, OH 45069
800-338-1122 513-645-7000 513-645-7993 FAX
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PROJECT No.:SEQ. No.:DATE:
203003 -5/8/2014
DESIGNED:DRAWN:
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The design and information shown on this drawing is provided as a service to the project owner, engineer and
contractor by Contech Engineered Solutions LLC ("Contech"). Neither this drawing, nor any part thereof, may be
used, reproduced or modified in any manner without the prior written consent of Contech. Failure to comply is done
at the users own risk and Contech expressly disclaims any liability or responsibility for such use.
If discrepancies between the supplied information upon which the drawing is based and actual field conditions are
encountered as site work progresses, these discrepancies must be reported to Contech immediately for
re-evaluation of the design. Contech accepts no liability for designs based on missing, incomplete or inaccurate
information supplied by others.
#6 LAP SPLICE BARS IN TOP & BOTTOM
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800-338-1122 513-645-7000 513-645-7993 FAX
(NOT PROJECT SPECIFIC)
STRUCTURAL PLATE
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EXPRESS FOUNDATIONS
NO RIP RAP TO BE INSTALLED IN STREAM CHANNEL OR ON BANKS.
PRELIMINARY
NOT FOR CONSTRUCTION
Barry Drive
Aluminum Box Culvert
25'-2" Span x 7'-0" Rise (Structure Number 83)
Charlotte, North Carolina
PROJECT No SEQ. No.·DATE
203003 -5/8/2014
DESIGNED:DRAWN
DYOB DYOB
CHECKED.APPROVED
DYOB DYOB
SHEET NO.
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Telephone Conversation Record
Name
Jason Maiz
Company/Agency
FWS
Phone Number
828-258-3939 ext 226
Date
4/22/2014
Time
2: 00 pm
Subject/DA Permit
Charlotte Airport Rental Car Project Culvert Replacement
Discussion Notes
Discussed potential for affect of the project on Lasmigona decorate (Carolina
Heelsplitter) by the project. The project will impact a tributary of Ticer Branch and Paw
Creek and Jason indicated that there are no known occurrences of the Carolina
Heelsplitter in these features.
Follow-Up Required?
El No 01 Yes
Recorded by Scott Jones, Supervisory Biologist, U.S. Army Corps of Engineers, Wilmington
District, Asheville Regulatory Field Office
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US Army Corps
of Englneers,
61 L 11 L i 9
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CONVERSATION RECORD
Time:
Discussion:
Date:-*4%40:t4
Type: Telephone-outgoing
Contact Name: Rebecca Newton
Telephone Number: 828-698-9800
Organization: Clearwater
Subject: Charlotte Airport Rental Car Parking Facility
Need to replace failing culvert at proposed parking lot for Charlotte Airport
rental cars. Approximately 50 foot of new impact resulting from raising elevation
of road to meet DOT standards. I explained that project would potentially meet a
NWP 3 or 14 and mitigation would likely not be required due to minimal impacts
as long as project was designed to minimize impacts as much as possible. I told
her if no new rip rap was being placed project may meet NWP-3 with no
notification required. Rebecca said she would discuss with the engineers to see if
rip rap was necessary and submit a pre-construction notification if it turned out
that notification was required.
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Org/Office Symbol: CESAW-RG-L
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LEGEND
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APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
jb For- 1
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
C.
D.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:CESAW-RG-A; SAW-2013-02255; Charlotte Douglas International
Airport-North Wilkinson Tract
PROJECT LOCATION AND BACKGROUND INFORMATION:
State: NC County/parish/borough: Mecklenburg City: Charlotte
Center coordinates of site (lat/long in degree decimal format): Lat. 35.240885° S Long. -80.958178° 3*
Universal Transverse Mercator:
Name of nearest waterbody: Ticer Branch
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Paw Creek
Name of watershed or Hydrologic Unit Code (HUC): Catawba 03050101
S Check if map/diagram ofreview area and/or potential jurisdictional areas is/are available upon request.
B 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.
REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date: 900. 2 1 3-4 1
[*1 Field Determination. Date(s):A,1 1.7,ae,3
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTIION.
There **1* "navigable waters ofthe US" within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
El Waters subject to the ebb and flow ofthe tide.
III 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 IG@ "waters ofthe US." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area.IRequired\
2.
1. Waters of the U.S.
a. Indicate presence ofwaters of U.S. in review area (check all that apply): 1
0 ™Ws, including territorial seas
0 Wetlands adjacent to TNWs
B Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
El Non-RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
B Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
0 Wetlands adjacent to non-RPWs that flow directly or indirectly into ™Ws
0 Impoundments ofjurisdictional waters
IE] 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: 10,876 linear feet: 8 width (ft) and/or 2.0 acres.
Wetlands: 3.82 acres.
c. Limits (boundaries) ofjurisdiction based on: Established by OHWMJ
Elevation of established OHWM (if known):
Non-regulated waters/wetlands (check if applicable):
0 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
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 f'low at least"seasonally"
(e.g., typically 3 months).
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.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.1.; otherwise, see Section III.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or 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:PiFil}Likt
™{1*Mt':
Drainage area:*'pit:k:,HEit
Average annual rainfall:inches
Average annual snowfall:inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
Il Tributary flows directly into TNW.
Il Tributary flows through ]1ikKLi* tributaries before entering TNW.
-«21{..>YX**=Project waters are Rick List river miles from TNW.
-itys'j -=-i -_·.
Project waters are Pick,List river miles from RPW.
-
Project waters are rick*ist aerial (straight) miles from TNW.
Project waters are 01§**fat aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWS
Tributary stream order, if known:
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 4 which flows through the review area, to flow into tributary b, which then flows into TNW.
(b) General Tributary Characteristics (check all that apply):
Tributary is:El Natural
¤ Artificial (man-made). Explain:
0 Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width:feet
Average depth:feet
Average side slopes: ]Piclitiit.
Primary tributary substrate composition (check all that apply):
El Silts 0 Sands
El Cobbles Il Gravel
Il Bedrock Il Vegetation. Type/% cover:
Il Other. Explain:
El Concrete
Il Muck
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/ri ffi€pool complexes. Explain:
Tributary geometry: PTiciti*
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: Pidk List
Estimate average number of flow events in review area/year: PiEk List
Describe flow regime:
Other information on duration and volume:
Surface flow is: Picktihit. Characteristics:
Subsurface flow: Pick:Libl. Explain findings:
Il Dye (or other) test performed:
Tributary has (check all that apply):
Il Bed and banks
Il OHWM6 (check all indicators that apply):
El clear, natural line impressed on the bank ¤
0 changes in the character of soil Il
Il shelving
Il vegetation matted down, bent, or absent Il
Il leaf litter disturbed or washed away ¤
0 sediment deposition ¤
¤ water staining
Il other (list)
¤ Discontinuous OHWM.7 Explain:
the presence of litter and debris
destruction ofterrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
O High Tide Line indicated by:[3 Mean High Water Mark indicated by:
Il oil or scum line along shore objects Il survey to available datum;
¤ fine shell or debris deposits (foreshore) [3 physical markings;
El physical markings/characteristics Il vegetation lines/changes in vegetation types.
¤ tidal gauges
0 other (list)
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identi19 specific pollutants, if known:
A natural or man-made discontinuity in the OHWM does not necessarily severjurisdiction (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):
E Wetland fringe. Characteristics:
Il Habitat for:
Il Federally Listed species. Explain findings:
0 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:acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b)General Flow RelationshiD with Non-TNW:
Flow is: PiENES Explain:
Surface flow is: *Ii|Aim
Characteristics:
Subsurface flow: piciCE*. Explain findings:
0 Dye (or other) test performed:
(c) Wetland Adiacency Determination with Non-TNW:
Il Directly abutting
Il Not directly abutting
Il Discrete wetland hydrologic connection. Explain:
0 Ecological connection. Explain:
Il Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Flajt!*t river miles from TNW.
Project waters are Pidlitlift aerial (straight) miles from TNW.
Flow is from: Rick List.
Estimate approximate location of wetland as within the kickfii* 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):
Il Riparian buffer. Characteristics (type, average width):
El Vegetation type/percent cover. Explain:
Il Habitat for:
Il Federally Listed species. Explain findings:
£ Fish/spawn areas. Explain findings:
Il Other environmentally-sensitive species. Explain findings:
£ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick,Liri
Approximately ( )acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N)Size (in acres)Directly abuts? (Y/N)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
Size (in acres)
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 ifthe 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 li fecycle 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 (i f 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 ofthe ™W?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
E] TNWs: linear feet width (ft), Or, acres.
8 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: Continual groundwater influence, presence of adjacent wetlands.
Q 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):
S Tributary waters: 10,876 linear feet 8 width (ft).
El Other non-wetland waters:acres.
Identify type(s) of waters:
3. Non-RPWs8 that flow directly or indirectly into TNWs.
[j@ 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 IIIC.
Provide estimates for jurisdictional waters within the review area (check all that apply):
E Tributary waters:linear feet width (ft).
B Other non-wetland waters:acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
fil Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW: Wetland discharges into the stream channel.
E] Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates forjurisdictional wetlands in the review area: 3.82 acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
13 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.
{51 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 forjurisdictional wetlands in the review area:acres.
7. Impoundments ofjurisdictional waters.
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
B Demonstrate that impoundment was created from "waters of the U.S.," or
[3 Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
E] 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
Eli which are or could be used by interstate or foreign travelers for recreational or other purposes.
EE] 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.
El Interstate isolated waters. Explain:
El Other factors. Explain:
Identify water body and summarize rationale supporting determination:
'See Footnote # 3.
9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
lo 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 Fo//owing Rapanos.
F.
Provide estimates for jurisdictional waters in the review area (check all that apply):
0 Tributary waters:linear feet width (ft).
El Other non-wetland waters:acres.
Identify type(s) of waters:
0 Wetlands:acres.
NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
[3 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.
El Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
D 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)
O Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
0 Other: (explain, i f not covered above):
Provide acreage estimates for non-jurisdictional waters in the review area where the sole potential basis ofjurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use o f water for irrigated agriculture), using best professional
judgment (check all that apply):
0 Non-wetland waters (i.e., rivers, streams):linear feet width (ft).
0 Lakes/ponds:acres.
El Other non-wetland waters:acres. List type of aquatic resource:
El 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 forjurisdiction (check all that apply):
0 Non-wetland waters (i.e., rivers, streams):linear feet. width (ft).
0 Lakes/ponds:acres.
El Other non-wetland waters:acres. List type of aquatic resource:
63 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):
0 Maps, plans, plots or plat submitted by or on behal f of the applicant/consultant:
S Data sheets prepared/submitted by or on behal f of the applicanUconsultant.
Il Office concurs with data sheets/delineation report.
Il Office does not concur with data sheets/delineation report.
¤ Data sheets prepared by the Corps:
0 Corps navigable waters' study:
ED U.S. Geological Survey Hydrologic Atlas:
¤ USGS NHD data
gl USGS 8 and 12 digit HUC maps.
0 U.S. Geological Survey map(s). Cite scale & quad name:Charlotte West.
61 USDA Natural Resources Conservation Service Soil Survey. Citation:
0 National wetlands inventory map(s). Cite name:
El State/Local wetland inventory map(s):
91 FEMA/FIRM maps:
Ej] 100-year Floodplain Elevation is:(National Geodectic Vertical Datum of 1929)
0 Photographs: a Aerial (Name & Date):NCCGIA 2010.
or Dil Other (Name & Date):photographs provided by consultant on Wednesday August 28,2013.
0 Previous determination(s). File no. and date of response letter:
0 Applicable/supporting case law:
[3 Applicable/supporting scientific literature:
El Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD: JD form #1 applies to the streams and wetlands on the North Wilkinson Tract
encompassing the entire watershed labeled on Figure 5.
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
) D Em, - 34
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: CE-sAw. RG,-41- 4 <SALO- =10,3 - 03@55 9 Cln.:,1,•#e ilts'C 5
C. PROJECT LOCATION AND BACKGROUND INFORMATION:-1-jecia kk-'I Ni„+ - North 1,0\K\,50,1
State: NC County*arish/borough: Mecklenburg City: Charlotte T>.LK
Center coordinates of site (lat/long in degree decimal format): Lat. 35.240885° 8, Long. -80.958178° E.
Universal Transverse Mercator:
Name of nearest waterbody: Paw Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Paw Creek
Name of watershed or Hydrologic Unit Code (HUC): Catawba 03050101
E Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
il Check ifother 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):
Ml Office (Desk) Determination. Date:
1 Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There "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 "waters ofthe US" within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): i
TNWs, including territorial seas
il Wetlands adjacent to ™Ws
Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
Non-RPWs that flow directly or indirectly into TNWs
I Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
I 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 ofjurisdictional 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: 1,157 linear feet: 5 width (ft) and/or 0.13 acres.
Wetlands:acres.
c. Limits (boundaries) of jurisdiction based on: EmmIImilbmDRIMI
Elevation ofestablished OHWM (ifknown):
2. Non-regulated waters/wetlands (check if applicable):
Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 For purposes ofthis form, an RPW is defined as a tributaly that is not a ™W and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
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.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: Very large watershed, waterway could support a small non-motorized boat.
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent": The wetland shares a boundary with the river, the wetland
discharges water into the river.
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 waterbody' is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any 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:=///
Drainage area:ImEm
Average annual rainfall:inches
Average annual snowfall:inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
0 Tributary flows directly into TNW.
£ Tributary flows through ial;Lid tributaries before entering TNW.
Project waters are river miles from TNW.
Project waters are t river miles from RPW.
Project waters are 5!180/ziR aerial (straight) miles from TNW.
Project waters are MIi!1Ii aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWS:
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 ™W.
Tributary stream order, ifknown:
(b) General Tributary Characteristics (check all that aDDly):
Tributary is: £Natural
gl Artificial (man-made). Explain:
Il Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width:feet
Average depth:feet
Average side slopes: *ilNil
Primary tributary substrate composition (check all that apply):
Il Silts Il Sands
¤ Cobbles 0 Gravel
j Bedrock Il Vegetation. Type/% cover:
0 Other. Explain:
£ Concrete
Il Muck
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence ofrunfriffle/pool complexes. Explain:
Tributary geometry: *=imi
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: *iNFLm
Estimate average number of flow events in review area/year: *iEIEi![
Describe flow regime:
Other information on duration and volume:
Surface flow is: *IEIM. Characteristics:
Subsurface flow: *iimn. Explain findings:
IlDye (or other) test performed:
Tributary has (check all that apply):
0 Bed and banks
(1OHWM6 (check all indicators that apply):
Il clear, natural line impressed on the bank 0 the presence of litter and debris
El changes in the character of soil []destruction of terrestrial vegetation
shelving ¤the presence of wrack line
0 vegetation matted down, bent, or absent 0 sediment sorting
El leaf litter disturbed or washed away Il scour
Il sediment deposition Il multiple observed or predicted flow events
Il water staining 0 abrupt change in plant community
Il other (list):
Il 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:
0 oil or scum line along shore objects Il survey to available datum;
El fine shell or debris deposits (foreshore) 0 physical markings;
Il physical markings/characteristics 0 vegetation lines/changes in vegetation types.
Il tidal gauges
Il 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, ifknown:
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 willlook for indicators of flow above and below the break.
7Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
El Riparian corridor. Characteristics (type, average width):
0 Wetland fringe. Characteristics:
0 Habitat for:
O Federally Listed species. Explain findings:
Il Fish/spawn areas. Explain findings:
Il 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:acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: E[EmEIN. Explain:
Surface flow is: 0,Mjj./E//t
Characteristics:
Subsurface flow: *iZNist. Explain findings:
0 Dye (or other) test performed:
(c) Wetland Adiacencv Determination with Non-TNW:
El Directly abutting
El Not directly abutting
Il Discrete wetland hydrologic connection. Explain:
Il Ecological connection. Explain:
Il Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are FIELil river miles from TNW.
Project watersare_EIHi aerial (straight) miles from TNW.
Flow is from: .BI!/.
Estimate approximate location of wetland as within the E 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):
0 Riparian buffer. Characteristics (type, average width):
0 Vegetation type*ercent cover. Explain:
Il Habitat for:
Il Federally Listed species. Explain findings:
Il Fish/spawn areas. Explain findings:
0 Other environmentally-sensitive species. Explain findings:
0 Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: *mmEm
Approximately ( )acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N)Size (in acres)Directly abuts? (Y/Nl
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
Size (in acres)
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 ofpollutants or flood waters reaching a ™W?
• 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 itsel f, 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 ofpresence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
TNWs: linear feet width (ft), Or, acres.
Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
S Tributaries ofTNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: Continual groundwater influence, presence of adjacent wetlands.
Tributaries ofTNW 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:
6.
7.
3.
4.
5.
Provide estimates for jurisdictional waters in the review area (check all that apply):
M Tributary waters: 1,157 linear feet 5 width (ft).
1 Other non-wetland waters:acres.
Identify type(s) of waters:
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):
il Tributary waters:linear feet width (ft).
il Other non-wetland waters:acres.
Identify type(s) of waters:
Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Il Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Il Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW: Wetland discharges into the stream channel.
il Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: 0.43 acres.
Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area:acres.
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
1 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.
Impoundments ofjurisdictional waters.
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
Demonstrate that impoundment was created from "waters ofthe U.S.," orDemonstrate that water meets the criteria for one ofthe 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:
il Other factors. Explain:
Identify water body and summarize rationale supporting determination:
BSee 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 Fo//owing Rapanos.
F.
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters:linear feet width (ft).
1 Other non-wetland waters:acres.
Identify type(s) of waters:
Wetlands:acres.
NON-JURISDICTIONAL WATERS,INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
1 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).
il Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
1 Other: (explain, if not covered above):
Provide acreage estimates for non-jurisdictional waters in the review area, where the sole potential basis ofjurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
Non-wetland waters (i.e., rivers, streams):linear feet width (ft).
Lakes/ponds:acres.
il Other non-wetland waters:acres. List type of aquatic resource:
il 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).
1 Lakes/ponds:acres.
1 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):
2 Maps,plans, plots or plat submitted by or on behalf of the applicant/consultant:
B 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.
1 Data sheets prepared by the Corps:
Corps navigable waters' study:
U.S. Geological Survey Hydrologic Atlas:
USGS NHD data.
gl USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name:Peachtree 1:24K.
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)
81 Photographs: 52 Aerial (Name & Date):NCCGIA 2010.
or Il Other (Name & Date):
il 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: JD form #2 applies to the streams and wetlands on the North Wilkinson Tract
encompassing the entire watershed labeled on Figure 5.
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
3 D B.- 3
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:055Aw -Ma -A & SAG)- 908-022553 CL, loge AN) 1<slil·.
C. PROJECT LOCATION AND BACKGROUND INFORMATION:Airp[ f 4 08,1-in l,dVE-J o -TRGA
State: NC County*arish/borough: Mecklenburg City: Charlotte
Center coordinates of site (lat/long in degree decimal format): Lat. 35.240885° S, Long. -80.958178° E.
Universal Transverse Mercator:
Name of nearest waterbody: Paw Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Paw Creek
Name of watershed or Hydrologic Unit Code (HUC): Catawba 03050101
Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
Check ifother 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: 1064. 1 \, 90 1 3
Field Determination. Date(s): A..2 0-7, >0,3
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There .m.:r "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 "waters of the US" within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): 1
0 TNWs, including territorial seas
Wetlands adjacent to TNWs
7 Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
1*] Non-RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
il Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Il Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWsImpoundments ofjurisdictional waters
il 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: 307 linear feet: 4 width (ft) and/or 0.03 acres.
Wetlands: 0.03 acres.
c. Limits (boundaries) ofjurisdiction based on: EMSiltiill
Elevation ofestablished OHWM (ifknown):
2. Non-regulated waters/wetlands (check if applicable):
Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 For purposes ofthis form, an RPW is defined as a tributary that is not a ™W and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
Supporting documentation is presented in Section Ill.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 111.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.Ill.; otherwise, see Section III.B below.
1. TNW
Identify ™W:
Summarize rationale supporting determination: Very large watershed, waterway could support a small non-motorized boat.
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent": The wetland shares a boundary with the river, the wetland
discharges water into the river.
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:
Drainage area:IENk/Elm
Average annual rainfall:inches
Average annual snowfall:inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
D Tributary flows directly into TNW.
Il Tributary flows through WI/"Wi tributaries before entering TNW.
Project waters are Iiizmimi river miles from ™W.
Project waters are ME river miles from RPW.
Project waters are Plammi aerial (straight) miles from TNW.
Project waters are FIEIEI# aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWI
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 aDDly):
Tributary is:6 Natural
1 Artificial (man-made). Explain:
Il Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width:feet
Average depth:feet
Average side slopes: *iZmmli.
Primary tributary substrate composition (check all that apply):
Il Silts Il Sands
£ Cobbles £Gravel
Il Bedrock Il Vegetation. Type/% cover:
Il Other. Explain:
Il Concrete
Il Muck
Tributary condition/stability [e. g., highly eroding, sloughing banks]. Explain:
Presence ofrun/riffle/pool complexes. Explain:
Tributary geometry: RizLid
Tributary gradient (approximate average slope): %
(c) Bow:
Tributary provides for: Rial;LiM
Estimate average number of flow events in review area/year: *IZINit
Describe flow regime:
Other information on duration and volume:
Surface flow is: liTI!1*. Characteristics:
Subsurface flow: i,REFLin. Explain findings:
Il Dye (or other) test performed:
Tributary has (check all that apply):
Il Bed and banks
Il OHWM6 (check all indicators that apply):
0 clear, natural line impressed on the bank 0 the presence of litter and debris
Il changes in the character of soil El destruction of terrestrial vegetation
0 shelving El the presence of wrack line
El vegetation matted down, bent, or absent 0 sediment sorting
Il leaf litter disturbed or washed away ¤scour
Il sediment deposition Il multiple observed or predicted flow events
¤ water staining 0 abrupt change in plant community
Il other (list):
Il 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:il Mean High Water Mark indicated by:
Il oil or scum line along shore objects £survey to available datum;
Il fine shell or debris deposits (foreshore) Il physical markings;
/ physical markings/characteristics 1 vegetation lines/changes in vegetation types.
¤ tidal gauges
0 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, ifknown:
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 willlook for indicators of flow above and below the break.
7Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
Il Riparian corridor. Characteristics (type, average width):
Il Wetland fringe. Characteristics:
£ Habitat for:
Il Federally Listed species. Explain findings:
j Fish/spawn areas. Explain findings:
[3 Other environmentally-sensitive species. Explain findings:
1 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:acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: * Explain:
Surface flow is: F,BILlI
Characteristics:
Subsurface flow: /Ill. Explain findings:
Il Dye (or other) test performed:
(c) Wetland Adiacency Determination with Non-TNW:
¤ Directly abutting
El Not directly abutting
Il Discrete wetland hydrologic connection. Explain:
Il Ecological connection. Explain:
D Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands ar river miles from TNW.
Project watersare-Ne*lit aerial (straight) miles from TNW.
Flow is from: BEIGIliR.
Estimate approximate location ofwetland as within the 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):
Il Riparian buffer. Characteristics (type, average width):
0 Vegetation type/percent cover. Explain:
gl Habitat for:
Il Federally Listed species. Explain findings:
Il Fish/spawn areas. Explain findings:
Il Other environmentally-sensitive species. Explain findings:
Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)_ _ __
All wetland(s) being considered in the cumulative analysis: /1188EIR
Approximately ( )acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N)Size (in acres)Directly abuts? (Y/N)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
Size (in acres)
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 (i f any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a ™W?
• 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 ofthe 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 ofpresence 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 ofpresence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
M TNWS. linear feet width (ft), Or, acres.
Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
E Tributaries ofTNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: Continual groundwater influence, presence of adjacent wetlands.
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:
7.
3.
6.
4.
5.
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: 307 linear feet 4 width (ft).
il Other non-wetland waters:acres.
Identify type(s) of waters:
Non-RPWss that flow directly or indirectly into TNWs.
Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
Tributary waters:linear feet width (ft).
il Other non-wetland waters:acres.
Identify type(s) of waters:
Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
E Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
0 Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW: Wetland discharges into the stream channel.
il Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: 0.43 acres.
Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a ™W are julisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area:acres.
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates forjurisdictional wetlands in the review area:acres.
Impoundments ofjurisdictional waters.
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
1 Demonstrate that impoundment was created from "waters ofthe 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.
1 Interstate isolated waters. Explain:
1 Other factors. Explain:
Identify water body and summarize rationale supporting determination:
BSee Footnote # 3.
9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
1' 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 CH<4 Act Jurisdiction Following Rapanos.
F.
Provide estimates for jurisdictional waters in the review area (check all that apply):
il Tributary waters:linear feet width (ft).
il Other non-wetland waters:acres.
Identify type(s) of waters:
il Wetlands:acres.
NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within the review area these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
il Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
Il Prior to the Jan 2001 Supreme Court decision in "SWAN€C," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
Mi Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
1 Other: (explain, if not covered above):
Provide acreage estimates for non-jurisdictional waters in the review area, where the sole potential basis ofjurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
@1 Non-wetland waters (i.e., rivers, streams):linear feet width (ft).
il Lakes/ponds:acres.
1 Other non-wetland waters:acres. List type of aquatic resource:
Il 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):
il Non-wetland waters (i.e., rivers, streams):linear feet, width (ft).
l Lakes/ponds:acres.
il 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): 1
9 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.
El Office concurs with data sheets/delineation report.
Il Office does not concur with data sheets/delineation report.
il Data sheets prepared by the Corps:
1 Corps navigable waters' study:
U.S. Geological Survey Hydrologic Atlas:
USGS NHD data.
Il USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name:Peachtree 1:24K.
USDA Natural Resources Conservation Service Soil Survey. Citation:
1*1 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)
B Photographs: 0 Aerial (Name & Date):NCCGIA 2010. or El Other (Name & Date):
1 Previous determination(s). File no. and date ofresponse letter:
Applicable/supporting case law:
Applicable/supporting scientific literature:
1 Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD: JD form #3 applies to the streams and wetlands on the North Wilkinson Tract
encompassing the entire watershed labeled on Figure 5.
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
Ub For q
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
C.
D.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESAW-RG-A; SAW-2013-02255; Charlotte Douglas International
Airport-North Wilkinson Tract
PROJECT LOCATION AND BACKGROUND INFORMATION:
State: NC County/parish/borough: Mecklenburg City: Charlotte
Center coordinates of site (lat/long in degree decimal format): Lat. 35.240885° *, Long. -80.958178° 5
Universal Transverse Mercator:
Name of nearest waterbody: Ticer Branch
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Paw Creek
Name of watershed or Hydrologic Unit Code (HUC): Catawba 03050101
3 Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
El Check ifother sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
0 Office (Desk) Determination. Date: November 21,2013
9 Field Determination. Date(s): August 27, 2013
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There **@i "navigable waters of the U.S."within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area.Utequired\
IE] Waters subject to the ebb and flow of the tide.
0 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 Li "waters ofthe US" within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area.IRequiredl
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): 1
0 TNWs, including territorial seas
0 Wetlands adjacent to TNWs
Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
El Non-RPWs that flow directly or indirectly into TNWs
El Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Eli] 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
0 Impoundments ofjurisdictional waters
0 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: linear feet: width (ft) and/or acres.
Wetlands:acres.
c. Limits (boundaries) ofjurisdiction based on: Established by OHWMJ
Elevation of established OHWM (ifknown):
2. Non-regulated waters/wetlands (check if applicable):
B Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain: Figure 5 shows an nonjurisdictional pond believed to be dug in high ground with no upslope jurisdictional
features or downslope connection found in the field. Pond shown on USGS Charlotte West Quad, revised in 1980, with
no incoming or outgoing blueline features. Based on the Federal Register/ Vol.51, No. 219/ Thursday, November 13,
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.
1986 Section 328.3 Definitions: The preamble states "...we generally do not consider the following waters to be 'Waters
of the United States.'...(c) Artificial lakes or ponds created by excavating and/or diking dry land to collect and retain
water...".
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 1II.A.1 and 2
and Section III.Ill.; 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 Rapanes 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:Pifk.ti*
Drainage area:*18#3*t
Average annual rainfall:inches
Average annual snowfall:inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
Il Tributary flows directly into TNW.
El Tributary flows through Picitidist tributaries before entering TNW.
Project waters are Pick List river miles from TNW.
Project waters are Pick List river miles from RPW.
' I
Project waters are Pick Lisi aerial (straight) miles from TNW.
Project waters are *jkkjlli* aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWS
Tributary stream order, ifknown:
Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosiona! features generally and in the arid
West.
5 Flow route can be described by identifying, e.g., tributary 4 which flows through the review area, to flow into tributary b, which then flows into TNW.
(b) General Tributary Characteristics (check all that apply):
Tributary is:U Natural
1 Artificial (man-made). Explain:
El Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width:feet
Average depth:feet
€'"-%#.'.'"«X(« fAverage side slopes: Piek{1{ist.
Primary tributary substrate composition (check all that apply):
0 Silts 0 Sands
Il Cobbles Il Gravel
Il Bedrock 0 Vegetation. Type/% cover:
0 Other. Explain:
El Concrete
0 Muck
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of runfriffle*001 complexes. Explain:
Tributary geometry: Ilifk Li*
Tributary gradient (approximate average slope): %
(c) Flow
Tributary provides for: **i@iii;i
Estimate average number of flow events in review area/year: kidkelil
Describe flow regime: .
Other information on duration and volume:
Surface flow is: Bick*j*. Characteristics:
Subsurface flow: Eglf#BiR. Explain findings:
Il Dye (or other) test performed:
Tributary has (check all that apply):
Il Bed and banks
0 OHWM6 (check all indicators that apply):
Il clear, natural line impressed on the bank gl
Il changes in the character ofsoil I)
Il shelving El
Il vegetation matted down, bent, or absent Il
0 leaf litter disturbed or washed away 0
0 sediment deposition Il
Il water staining El
Il other (list)
j Discontinuous OHWM: Explain:
the presence of litter and debris
destruction ofterrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
O High Tide Line indicated by:El Mean High Water Mark indicated by:
Q oil or scum line along shore objects 0 survey to available datum;
0 fine shell or debris deposits (foreshore) Il physical markings;
0 physical markings/characteristics 0 vegetation lines/changes in vegetation types.
El tidal gauges
El 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, ifknown:
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 willlook for indicators of flow above and below the break.
7lbid.
(iv) Bielogical Characteristics. Channel supports (check all that apply):
Il Riparian corridor. Characteristics (type, average width):
Il Wetland fringe. Characteristics:
£ Habitat for:
O Federally Listed species. Explain findings:
Il Fish/spawn areas. Explain findings:
Il 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:acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: PiellE!ENt. Explain:
Surface flow is: Pi*iii*tt
Characteristics:
Subsurface flow: Pitk*i*t. Explain findings:
Il Dye (or other) test performed:
(c) Wetland Adiacency Determination with Non-TNW:
Il Directly abutting
Il Not directly abutting
El Discrete wetland hydrologic connection. Explain:
Il Ecological connection. Explain:
0 Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to ™W
Project wetlands are *Ii?§331 river miles from TNW.
Project waters-Me ric!¢E* aerial (straight) miles from TNW.
Flow is from: Jyckljjl.
Estimate approximate location of wetland as within the E{816131* 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, ifknown:
(iii) Biological Characteristics. Wetland supports (check all that apply):
¤ Riparian buffer. Characteristics (type, average width):
Il Vegetation type/percent cover. Explain:
Il Habitat for:
j Federally Listed species. Explain findings:
Il Fish/spawn areas. Explain findings:
Il Other environmentally-sensitive species. Explain findings:
£ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick List
Approximately ( )acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N)Size (in acres)Directly abuts? CY/N)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
Size (in acres}
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 ifthe 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 (i f any), provide habitat and li fecycle 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 (i f 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:
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:
G TNWS: linear feet width (ft), Or, acres.
, Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
@ Tributaries ofTNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial:
E] 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 forjurisdictional waters in the review area (check all that apply):
0 Tributary waters:linear feet width (ft).
El Other non-wetland waters:acres.
Identify type(s) o f waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
[3 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):
El Tributary waters:linear feet width (ft).
13 Other non-wetland waters:acres.
Identi fy type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
[3 Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
0 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:
C] Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates forjurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
1 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.
0 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 forjurisdictional wetlands in the review area:acres.
7. Impoundments ofjurisdictional waters.
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
E] Demonstrate that impoundment was created from "waters of the U.S.," or
E] Demonstrate that water meets the criteria for one o f the categories presented above (1-6), or
0 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
El which are or could be used by interstate or foreign travelers for recreational or other purposes.
0 from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
0 which are or could be used for industrial purposes by industries in interstate commerce.
[I] Interstate isolated waters. Explain:
El Other factors. Explain:
Identify water body and summarize rationale supporting determination:
See 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 CH/4 Act Jurisdiction Following R«panos.
F.
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters:linear feet width (ft).
El Other non-wetland waters:acres.
Identify type(s) of waters:
El Wetlands:acres.
NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
EI] 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.
E] Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
Il Priorto the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR)
0 Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: Pond does not
have a connection to downstream water bodies.
@ Other: (explain, ifnot covered above):
Provide acreage estimates for non-jurisdictional waters in the review area, where the sole potential basis ofjurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply)
El Non-wetland waters (i.e., rivers, streams):linear feet width (ft).
El Lakes/ponds:acres.
El Other non-wetland waters:acres. List type of aquatic resource:
MH 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):
E] Non-wetland waters (i.e., rivers, streams):linear feet, width (ft).
&7 Lakes/ponds: 3.3 acres.
IU 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):
S Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
0 Data sheets prepared/submitted by or on behalfofthe applicanUconsultant
1 Office concurs with data sheets/delineation report.
El Office does not concur with data sheets/delineation report.
Eli Data sheets prepared by the Corps:
Corps navigable waters' study:
{21 U.S. Geological Survey Hydrologic Atlas:
O USGS NHD data.
O USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name: Charlotte West.
69 USDA Natural Resources Conservation Service Soil Survey. Citation:
National wetlands inventory map(s). Cite name:
[3 State/Local wetland inventory map(s):
13 FEMA/FIRM maps:
El 100-year Floodplain Elevation is:(National Geodectic Vertical Datum of 1929)
0 Photographs: Aerial (Name & Date):NCCGIA 2010.
or Il Other (Name & Date)
0 Previous determination(s). File no. and date of response letter:
[3 Applicable/supporting case law:
Ell Applicable/supporting scientific literature:
@3 Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JI): JD form #4 applies to the nonjurisdictional pond on the North Wilkinson Tract
labeled as such on Figure 5.
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action I.D.: SAW-2013-02255 County: Mecklenburg U.S.G.S. Quad: Charlotte West
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Charlotte Douglas International Airport / Attn: Jimmy Jordan
Address:600 East Fourth Street Charlotte, NC 28202
Telephone No.:
Property description:
Size (acres): -377 acres
Nearest Waterway: Ticer Branch
Coordinates: 35.2409 / -80.9580
Nearest Town: Charlotte
River Basin: Upper Catawba Watershed; Santee Basin
Hydrologic Unit Code: 03050101
Location Description: The approximately 377 acre site is bounded by I-485 to the west, I-85 to the north and Wilkinson
Boulevard to the south in Charlotte, Mecklenburg County, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
Based on preliminary information, there may be waters and wetlands on the above described property. We strongly
suggest you have this property inspected to determine the extent ofDepartment ofthe Army (DA) jurisdiction. To be
considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). ). If you
wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction.
Also, you may provide new information for further consideration by the Corps to reevaluate the JD.
B. Approved Determination
There are Navigable Waters ofthe United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters and wetlands on the above described property subject to the permit requirements of Section 404 of the
Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you have the waters and wetlands on your property delineated. Due to the size o f your property
and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a
more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by
the Corps.
X The waters and wetlands on your property have been delineated and the delineation has been verified by the Corps.
We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by
the Corps. Once verified, this survey will provide an accurate depiction ofall areas subject to CWA jurisdiction on your
property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to
exceed five years.
The waters and wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters ofthe U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 ofthe Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
1
Action Id.: SAW-2013-02255
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Ifyou have any questions regarding this
determination and/or the Corps regulatory program, please contact Steve Kichefski at 828-271-7980.
C. Basis For Determination
The site contams wetlands as determmedby the 1987 Corps of Engineers Wetland Delineation Manual and the Interim
Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and Piedmont Region. These
wetlands are adjacent to stream channels located on the property that exhibit indicators of ordinary high water marks. The
stream channel on the property is an unnamed tributary to TicerBranch which flows into the Upper Catawba Watershed; Santee
Basin. UT to Ticer Branch flows to the Atlantic Ocean via Ticer Branch, Paw Creek, Lake Wylie, the Catawba River and the
Santee-Cooper River. The Catawba River is a Section 10 navigable water at the Mt. Island Lake Dam.
D. Remarks:
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. Ifyou or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
Attached to this verification is an approved jurisdictional determination. Ifyou are not in agreement with that approved
jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a request for
appeal (RFA) form. Ifyou request to appeal this determination you must submit a completed RFA form to the following
address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by January 21,2013.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. * *
Corps Regulatory Official:Steve Kichefski \
Issue Date: November 21, 2013 Expiration Date: November 21, 2018
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to
do so, please complete the Customer Satisfaction Survey located at our website at http://per2.nwp.usace.army.mil/survey.html
to complete the survey online.
CF: Rebekah Newton, ClearWater Environmental Consultants Inc., 224 S Grove Street, Suite F, Hendersonville,
NC 28792
2
»3»=SS» » 'RE®flES# ®R " . PENL
X
Applicant: Charlotte Douglas International Airport /
Attn: Jimmy Jordan
Attached is:
*...
.*-J2 '>;.u **.,f /*10* . '1133*12,(9@FiSS ANID
, H#, .
File Number: SAW-2013-
02255
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
PROFFERED PERMIT (Standard Permit or Letter of permission)
PERMIT DENIAL
APPROVED JURISDICTIONAL DETERMINATION
PRELIMINARY JURISDICTIONAL DETERMINATION
Date: November 21,
2013
See Section below
A
B
C
D
E
< dedi'di>8/AliditiBAA[t]' idfo:afto*-*'4*<fB'fj}St;)'j]]*figgft»tj < „j-,j ,-
http://w*/w.usade.armylinil/CE€W/Pag€§/re**naterialiaspx or Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: Ifyou received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: Ifyou object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II ofthis form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt ofyour letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modi fy
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: Ifyou received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approvedjurisdictional determinations associated with the permit.
• APPEAL: Ifyou choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days ofthe
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section II ofthis form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date ofthis notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: Ifyou disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II ofthis form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date ofthis notice.
3
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO°AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
lf you have questions regarding this decision and/or the appeal
process you may contact:
Steve Kichefski, Project Manager
USACE, Asheville Regulatory Field Office
151 Patton Ave
RM 208
Asheville, NC 28806
828-271-7980
If you only have questions regarding the appeal process you may
also contact:
Mr. Jason Steele, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10 M 1 5
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Steve Kichefski, 69 Darlington Avenue, Wilmington,
North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]
4
Kichefski, Steven L SAW
From:
Sent:
To:
Subject:
Attachments:
Steve,
Rebekah Newton [[e-mail]]
Thursday, November 21,2013 2:34 PM
Kichefski, Steven L SAW
[EXTERNAL] North Wilkinson
709 Delin Map UPDATED (Fig 5).pdf
Attached is the North Wilkinson Map with the 2 requested changes.
Please let me know if you need anything else. Thank you.
Rebekah Newton
cid:image002.gif@01CDC710.E8788690
224 South Grove Street, Suite F
Hendersonville, NC 28792
Office: 828-698-9800
Mobile: [phone]
[e-mail] <mailto:[e-mail]>
P Please consider the environment before printing this e-mail.
1
Jurisdictional wetlands and waters Idenuned
on this map have been located within sub-
meter accuracy uttizing a Trimble mapping
gracie Global Positioning System (GPS) and
the subsequent differential correction of that
data.GPS points may demonstrate
Lncorrectable errors due to topography.
vegetative cover, andor multipath signal error.
Note The illustrated wetland and stream
locations are approximate. These areas have
been flagged In the fleld, however. they have
not been surveyed. Although Clear·Vter
Environmental Consultants, Inc. (CEC) is
confident in our assessment, the US Army
Corps of Engineers (Corps) is the only agency
that can make final decisions regarding
Junsdictional wetland and waters of the US
delineations.Therelbre, all preliminary
determinations are subject to change until
written verification is obtained. CEC strongly
recommends that written verification be
obtained from the Corps prior to closing on
the property, beginning any site work, or
making any legal reliance on this
determination.
This map was prepared by CEC using the
best information available to CEC at the time
of production. This map is for informational
purposes only and should not be used to
detennine precise boundaries, roadways,
propeity boundary lines,nor legal
descriptions. This map shall not be construed
to be an omcial survey of any data depicted.
Source Data: Mecklenburg County, CDIA
field collected data.
Legend
- Culvert
-Linear Wetland
- Stream
Vh Nona,rlsdictional Pond
Open Water
F-7 Delineation Boundary
Drawn by: RKM/RLN 11.21.13; CEC Project# 709
Mecklenburg County,
North Carolina
·jinG) Gb f\rf F@ c-.40ed Lita e,v\-(2., j 6,1 A.)O Je•-6,/ 0 (c ,#/3
CDIA North Wilkinson (+/- 377 AC) - DRAFT
' JD Form #2
JD Form #1
Wetland Form #2
JD Form #3
(lear\Ahter
Non-Jurisdictional Pond
JO Form #4 per USACE
224 South Grove Street, Suite F
Hendersonville, North Carolina 28792
Wetland Form #1
Wetland Form #3 N
0 250 500 1,000
FWI-'9 Feet
Stream and Wetland Delineation
Delineated: June 25,2013
Corps Verification: August 27,2013
Figure 5
Kichefski, Steven L SAW
From:
Sent:
To:
CC:
Subject:
Attachments:
Follow Up Flag:
Flag Status:
Kevin Mitchell [[e-mail]]
Tuesday, October 08, 201311:15 AM
Kichefski, Steven L SAW
Rebekah Newton
[EXTERNAL] RE: CIDA North Wilkinson JD (UNCLASSIFIED)
709 Figure 5.pdf; 709 JD Form 4.doc; 709 JD Form 1 adittional stream and wetland.doc
Follow up
Flagged
Steve. Please find the attached figures and documents for the North Wilkinson JD Package.
You should find the following items:
1. Updated map showing the isolated pond and the stream channel in question. Updated
culverts connecting ponds.
2. Updated JD Form #1 including additional stream length and wetland acreage.
3. Additional JD Form #4 for the isolated pond.
Should you have any questions or comments please feel free to call myself or Rebekah.
Thanks.
Kevin Mitchell
224 South Grove Street, Suite F
Hendersonville, NC 28792
Office: 828-698-9800
Mobile: [phone]
[e-mail]
-----Original Message-----
From: Kichefski, Steven L SAW [mailto:[e-mail]
Sent: Friday, August 30, 2013 2:31 PM
To: Kevin Mitchell
Cc: Rebekah Newton
Subject: RE: CIDA North Wilkinson JD (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Kevin,
Per our discussion this morning, I wanted to follow up by email. Based on the features that
we saw in the field on Tuesday and further review here in the office I would include the
lower portion of the stream channel in question as jurisdictional (if I had to make a call
today). If you feel strongly that this portion of the channel is nonjd and would like to
delay the call on this feature and revisit in a few months (after Amanda is back and/or with
Scott in attendance) I am open to delaying this call.
1
Regardless of the call on this lower feature I will need to get a couple updated items that
we discussed onsite before we can issue the jd:
1) updated map showing- the portion of the feature that we called in the field on Tuesday
(actually the whole feature depending on whether you want to revisit at later date), the
pipes connecting the ponds to downstream waters, clearly label the main pond as isolated.
2) Include a Rapanos form for the isolated pond at the site center and any correspondence
regarding previous calls on this pond as discussed in the field. I am also searching for any
previous determinations related to this pond.
Feel free to contact me if you have any questions/concerns.
Regards,
Steve Kichefski
Regulatory Project Manager
U.S. Army Corps of Engineers
Wilmington District, Asheville Field Office
151 Patton Avenue, Suite 208
Asheville, NC 28801
(828)-271-7980 Ext. 234
The Wilmington District is committed to providing the highest level of support to the
public. To help us ensure we continue to do so, please complete the Customer Satisfaction
Survey located at our website at http://per2.nwp.usace.army.mil/survey.html to complete the
survey online.
-----Original Message-----
From: Kevin Mitchell [mailto:[e-mail]
Sent: Wednesday, August 28, 2013 3:18 PM
To: Kichefski, Steven L SAW
Cc: Rebekah Newton
Subject: [EXTERNAL] CIDA North Wilkinson JD
Steve.Please find the attached photos and stream forms for the feature we discussed on
Tues. August 27. at the North Wilkinson site. Let us know what you decide and feel free to
call or email with any questions or concerns. Thanks.
Kevin Mitchell
CWE_4c
224 South Grove Street,
Hendersonville, NC 28792
Office: 828-698-9800
Mobile: [phone]
Suite F
2
Jurisdictional wetlands and waters identified
on this map have been located within sub--
meter accuracy utilizing a Tnmble mapping
grade Global Positioning System (GPS) and
the subsequent difrerential correction of that
data.GPS points may demonstrate
uncorrectable errors clue to topography,
vegetative cover, and/or multipath signal error.
Note. The illustrated wetland and stream
locations are approximate. These areas have
been flagged in the field, however, they have
not been surveyed. Although ClearVVater
Environmental Consultants, Inc. (CEC) is
confident in our assessment, the US Army
Corps of Engineers (Corps) is the only agency
that can make final decisions regarding
jurisdictional wetland and waters of the US
delineations.Therefore, all preliminary
detenninations are subject to change until
written verificabon is obtained. CEC strongly
recommends that written verification be
obtained from the Corps prior to closing on
the property, beginning any site work. or
making any legal reliance on this
determination.
This map was prepared by CEC using the
best information available to CEC at the time
of prodiction. This map Is 1br informational
purposes only and shodd not be used to
determine precise boundaries, roadways,
property boundary lines,nor legal
descriptions. This map shall not be construed
to be an omcial suivey of any data deptted.
Source Data: Mecklenburg County, CDIA
field colected data.
Legend
- Culvert
-- Linear Wst,nd
- Stream
'Tlii 160.ed Pond
Open W.10'
Drawn by: RKM/RLN 07.23.13; CEC Project# 709
Mecklenburg County,
North Carolina
f·,? ciev-e
CDIA North Wilkinson (+/- 377 AC) - DRAFT
»'] JD Form #2
JD Form #1
Wetland Form #2 <
JD Form #3
.ID Form #4
CLear\AM ter
224 South Grove Street, Suite F
Hendersonville, North Carolina 28792
Wetland Form #1
cy! Vl 4 P r., C 'i
101410,3- c 0/'re cb v 1
A & f J
F\)*rv- V\-
Wetland Form #3 N
0 250 500 1,000
F"W'-1 Feet
Stream and Wetland Delineation
Delineated June 25,2013
Corps Verification Sep$ember,72013
Figure 5 89 27,
Kichefski, Steven L SAW
From:
Sent:
To:
CC:
Subject:
Steve,
Clement Riddle [[e-mail]]
Tuesday, September 03,2013 8:45 AM
Kichefski, Steven L SAW
Rebekah Newton
[EXTERNAL] RE: CIDA North Wilkinson JD (UNCLASSIFIED)
Sorry for the incorrect wording ,,steve called it Non-JD. Anyway. If you can find this old
info great. Please call if you have any questions or comments.
Clement
-----Original Message-----
From: Clement Riddle
Sent: Friday, August 30, 2013 3:27 PM
To: Steve Kichefski ([e-mail])
Cc: Kevin Mitchell
Subject: RE: CIDA North Wilkinson JD (UNCLASSIFIED)
Steve,
I don't know if you can find Steve Chapin's old file or field notebook but we submitted the
request for verification on December 11, 2000. He signed the verification plat for the lower
Airport property on January 8th. I don't have the old field map as I was working with a
different company at the time. But Steve would have visited the site sometime between those
dates specifically his isolated pond call on the north Wilkinson tract.
The action ID may be 199831056.
Thanks for all of your help,
Clement
have a great long weekend.
-----Original Message-----
From: Kichefski, Steven L SAW [mailto:[e-mail]
Sent: Friday, August 30, 2013 2:31 PM
To: Kevin Mitchell
Cc: Rebekah Newton
Subject: RE: CIDA North Wilkinson JD (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Kevin,
Per our discussion this morning, I wanted to follow up by email. Based on the features that
we saw in the field on Tuesday and further review here in the office I would include the
lower portion of the stream channel in question as jurisdictional (if I had to make a call
today). If you feel strongly that this portion of the channel is nonjd and would like to
delay the call on this feature and revisit in a few months (after Amanda is back and/or with
Scott in attendance) I am open to delaying this call.
Regardless of the call on this lower feature I will need to get a couple updated items that
we discussed onsite before we can issue the jd:
1
1) updated map showing- the portion of the feature that we called in the field on Tuesday
(actually the whole feature depending on whether you want to revisit at later date), the
pipes connecting the ponds to downstream waters, clearly label the main pond as isolated.
2) Include a Rapanos form for the isolated pond at the site center and any correspondence
regarding previous calls on this pond as discussed in the field. I am also searching for any
previous determinations related to this pond.
Feel free to contact me if you have any questions/concerns.
Regards,
Steve Kichefski
Regulatory Project Manager
U.S. Army Corps of Engineers
Wilmington District, Asheville Field Office
151 Patton Avenue, Suite 208
Asheville, NC 28801
(828)-271-7980 Ext. 234
The Wilmington District is committed to providing the highest level of support to the
public. To help us ensure we continue to do so, please complete the Customer Satisfaction
Survey located at our website at http://per2.nwp.usace.army.mil/survey.html to complete the
survey online.
-----Original Message-----
From: Kevin Mitchell [mailto:[e-mail]
Sent: Wednesday, August 28, 2013 3:18 PM
To: Kichefski, Steven L SAW
Cc: Rebekah Newton
Subject: [EXTERNAL] CIDA North Wilkinson JD
Steve.Please find the attached photos and stream forms for the feature we discussed on
Tues. August 27.at the North Wilkinson site.Let us know what you decide and feel free to
call or email with any questions or concerns. Thanks.
Kevin Mitchell
CWE_4c
224 South Grove Street,
Hendersonville, NC 28792
Office: 828-698-9800
Mobile: [phone]
Suite F
[e-mail] <mailto:[e-mail]>
2
Classification: UNCLASSIFIED
Caveats: NONE
No virus found in this message.
Checked by AVG - www.avg.com
Version: 2013.0.3392 / Virus Database: 3211/6619 - Release Date: 08/29/13
3
Kichefski, Steven L SAW
From:
Sent:
TO:
CC:
Subject:
Attachments:
Kevin Mitchell [[e-mail]]
Wednesday, August 28, 2013 3:18 PM
Kichefski, Steven L SAW
Rebekah Newton
[EXTERNAL] CIDA North Wilkinson JD
709 DWQ Stream Forms.pdf; Lower_Form#1_3431.jpg, Lower_Form#1_3432.jpg, Middle
Transition Zone Form #2.jpg; Upper Stream Form #2.jpg
Steve.Please find the attached photos and stream forms for the feature we discussed on
Tues. August 27.at the North Wilkinson site.Let us know what you decide and feel free to
call or email with any questions or concerns. Thanks.
Kevin Mitchell
CWE_4c
224 South Grove Street,
Hendersonville, NC 28792
Office: 828-698-9800
Mobile: [phone]
Suite F
[e-mail] <mailto:[e-mail]>
1
Date:
UPJ A<57@' (06*
NC DWQ Stream Identification Form Version 4.11
9 93.30,3 Praject/Site: CO,A 14offl &4;lk.,i.*,
Evaluator: gr,1, W
Total Points:
Stream is at least intermittent <
if 2 19 or perennial if 2 30-
A. Geornorphology (Subtotal = l 5.5.)
1'' Continuity.of channel bed and bank'
2. Sinuosity of channel along thaiweg
3. In-channel structure: ex. riffle-pool, step-pool,
ripple-poorsequence
4. Particle size of streant substrate
5. Active/relict floodplain
6. Depositional bars or benches
7. Recent alluvial deposits
8. Headcuts
9. Grade control
10. Natural valley
11. Second or greater order channel
a artifidal ditches are not rated; see discussions in manual
B. Hydrology (Subtotal = -S __)
12. Presehce of Baseflow
13. Iron oxidizing bacteria
14. Leaf litter
15. Sediment on plants or debris
16. Organic debris lines or piles
17. Soil-based evidence of high water table?
County: 1**446' 4-41
Stream Determination (circle one)
*Ehemeral Intermittent Perennial
Absent
0
0
0
0
0
0
0
0
0
No·=(iI)
No =*
Weak
1
(D
C. Biology (Subtotal
18. Fibrous roots in,streambed 3 2
19. Rooted upland plants in streambed 3 @
20. Macrobenthos (note diversity and abundance) 0 1
21. Aquatic Mollusks © 1
22..Fish 0.5@23. Crayfish 0.5
24. Amphibians @ 0.5
25. Algae @ 0.5
26. Wetland plantsin streambed FACW = 0.75;
*perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch:
0
@
@
1.5
@
(b)
1
1
1
1
0.5
0.5
1
1
1
0.5
0.5
Lovir 41 1
Latitude: 35. 339909
Longitude: -80 961511
Other
e.g. Quad Name: (&6,$4k West
Moderate
(2)
2
2
@
2
1
2
2
1
1
Yes = 3
Yes = 3
1
1
2
2
1
1
1
1
OBL = 1.5 Other =(D
3
3
3
3
3
1.5
3
3
3
0
1.5
1.5
Strong
3
3
0
3
3
1.5
1.5
1.5
1.5
Date:
Evaluator
NC DWQ Stream Identification Form Version 4.11
N ci .*4
3 1373 Project/Site.'CbMW''469#-
KM, (41
Total Points:
Stream is at least intermittent 255if 2 19.or perennial if 2 30*
A. Geomorphology (Subtotal = %6,5 )
la Continuity of channel bed and bank
2. Sinuosity of. channel along thalweg
3. In-channel structure: ex. riffle-pool, steplpool,
ripple-pool sequence
4. Particle size of stream substrate
5. Active/relict floodplain
6. Depositional bars or benches
7. Recent alluvial deposits
8. Headcuts
9. Gradecontrol
10. Natural valley
11. Second or greater order channel
0 artificial ditches are not rated: see discussions.in mahual
B. Hydrology (Subtotal = 5.5 )
12. Presence of Baseflow
13. Iron okidizing bacteria
14. Leaf litter
15. Sediment on plants or debris
16. Organic debris lines or piles
17. Soil-based evidence of high water table?
C. Biology (Subtotal = _2j )
18. Fibrous roots in streambed
0
County Mi,-\AU:v,1
Stream Deter011[liltion (circle one)
Ephemeral ntermitten Perennial
Absent
0
0
0
0
0
0
0
0
0
0
1.5
@
No ==@)
No = 0
Weak
1
(D
1
1
1
1
0.5
0.5
1
1l
1
1
0.5
0.5
Uppd
Latitude:
0
2
Longitude:
35- 190'341
-!ED, 151,162
Other Cherigik
e:g. Quad Name.·*1,4
Moderate
0
2
0
1
®
2
1
1
Yes = 3
Yes =®
3 2 CD
19. Rooted upland plants in streambed 3 (3 1
20. Macrobenthos (note diversity and abundance) 0 0 2
21. Aquatic Mollusks @ 1 2
22. Fish (0)0.5 1
23. Crayfish (0) 0.5 1
24. Amphibians @ 0.5 1
25. Algae (0) 0.5 1
26. Wetland plAnts in streambed FACW = 0.75; OBL = 1.5 Other-=©
'perennial streams may also be identified using other metbods. See p. 35 of manual.
Notes:
Sketch.
1.5
1.5
Strong
3
3
3
3
0
3
3
3
3
3
3
1.5
0
0
3
3
1.5
1.5
1.5.
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224 South Grove Street, Suite F
Hendersonville, NC 28792
828-698-9800 Tel
828-698-9003 Fax
44»° CLea rWater
5PP ClearWater Environmental Consultants, Inc.
www. cwenv. com
August 20,2013
Mr. Steve Kichefski
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-2638
RE: North Wilkinson Tract (+/- 377 acres)
Jurisdictional Determination
Mecklenburg County, North Carolina
Mr. Kichefski,
AUG 2 1 2013
The attached Jurisdictional Determination request is being submitted on behalf of the
Charlotte Douglass International Airport represented by Mr. Jimmy Jordan. The project
site is located offNorth Wilkinson Blvd in Mecklenburg County, North Carolina.
Please do not hesitate to contact me at 828-698-9800 if you have any questions or
comments.
Sincerel
R. C ement iddle, P.W.S.
Principal
Corps Submittal Cover Sheet
Please provide the following info:
1. Project Name: North Wilkinson Tract
2. Name of Property Owner/Applicant: Charlotte Douglass International Airport;
Attn: Mr. Jimmy Jordan
3. Name of Consultant/Agent: ClearWater Environmental Consultants, Inc.
*Agent authorization needs to be attached.
4. Related/previous Action ID numbers(s): 200632521, 200803090
5. Site Address: North Wilkinson Blvd.
6. Subdivision Name: n/a
7. City: Charlotte
8. County: Mecklenburg
9. Lat:35.240002N Long: -80.963179W (Decimal Degrees Please)
10. Quadrangle Name: Charlotte West
11. Waterway: Ticer Branch / Paw Creek
12. Watershed: Catawba 03050101
13. Requested Action:
Nationwide Permit #
General Permit #
X Jurisdictional Determination Request
Pre-Application Request
The following information will be completed by the Corps office:
AID: Jjl-W - 26 13 -O 23 -bI-
Prepare File Folder
Authorization:
Assign number in ORM
Section 10
PrOJect Description/Nature of Activity/Project Purpose:
JD
Site/Waters Name:
Keywords:
Section 404
AUS 9 1 2013Begin Date
(learWater
.-----19-v .,&..#·.· :,
Department of the Army
Wilmington District, Corps of Engineers
Attn: Scott McI=endon, Chief Regulatory Division
PO Box 1890
Wilmington, NC 28402-1890
-and-
NC Division of Water Quality
Attn: Karen Higgins
1650 Mail Service Center
Raleigh, NC 27699-1650
I, the current landowner/managing partner of the property identified below, hereby
authorize ClearWater Environmental Consultants, Inc. (CEO to act on my behalf as my
agent during the processing of permits to impact Wetlands and Water of the US that are
regulated by the Clean Water Act and the Rivers and Harbors Act.
CEC is authorized to provide supplemental information needed for permit processing at
the request of the USACE or DWQ.
Property Owner of Record:
Property Owner Address:
Ci Ab- of Cllrbe
6* Sst Fovy#4 51wot
C'U tte NC Z.t 262
Phone Number:
Propeity Location:
Owner/Managing partner Signature.RO/*i CLO
Date:<%(11-113
224 South Grove Street, Suite F
Hendersonville, NC 28792
Phone: [phone] Fax: [phone]
www. cwenv.com
I .
Xr
North Wilkinson Tra ct (+/- 377 Acres)
£134.
-
Huntersvme Rd4
0oel
1 -0-1 * 00*40 3.i. 1,
04 - / 1£ 80/4 \2 ep,
4 '0,4 / 7 e.,0,;ount Ho//p *
4 MOUNT-HO(41_.2 5 ,-f..-
1,< . f \Vt.CO
NORTH BELMO T 6 CATAWBA HEIGHTS
0
=,-7 -trCA'1**;h,4!j -1625
\(\r=:itDelineation Boundary
CRAM,TOI ..,LMON-T4-'1 9
--
273« * 1 rn/*
-Il'=£
4 -
$1*F-,0 \ 9- -
24® 1/////9%
*V -*68#lip
0/1 f AL' f i
t
Legend
.1 Delineation Boundary
Drawn by: RKM 08.02.*; Project#1709
C' F
Mecklenburg County,
North Carolina
2004
:
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f *0
e
e
& W
S %40,*e
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2108
207
04
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e
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W--00- 16'
u 'e.Las St J-
0,:04
i 1641
son Blvd
---3 29
Charlot Douglas
1' 1 Airport <. 5 West Blvd
Biv %
' 11603
D,A *6r
496 Westinghouse Blvd
e
0 51 1128
*6 5 11'10Ck
1 2 0
(learWbter
224 South Grove Street. Suite F
Hendersonville, North Carolina 28792
Charlotte
0
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4.
0
e'
4 r,obo i i N Fair
04 1158 1 0
0.6 0
ff
012 4
0- 'Jliles4 *.1 -
\\ 3687
Site Vicinity
Figure 1
/2 /1
North Wilkinson Tract (+/- 377 Acres)
71+F
V.. ..'I
t
i.
\ ¥ Delineation Boundary '
.
f
-1
) bill
9 Legend N
.02.13 Pmp ';*27 ..i . .
Delineation Boundary \·*7-- .1
ClearWaterMecklenburg County,
North Carolina
224 South Grove Street, Suite F
Hendersonville, North Carolina 28792
0 250 500 1,000 FeetL
h I Wtill
USGS Topographic Map
Charlotte West Quad
Figure 2
Legend
Soils
.
Delineation Boundary
North Wilkinson Tra ct (+/- 377 Acres)
Ce82 Cecil Sandy Clay 2-8%
CeD2 Cecil Sandy Clay 8-15%
CuB Cecil-Urban
EnB Enon Sandy Loam 2-8%
En D Enon Sandy Loam 8-15%
MO Monacan Loam
MeB Mecklenburg Fine Sandy Loam 2-8%
MeD Mecklenburg Fine Sandy Loam 8-15%
MkB Mecklenburg Urban Land Complex
PaE Pacolet Sandy Loam 15-25%
PaF Pacolet Sandy Loam 25-45%
Ur Urban Land
W Water
WkB Wilkes Loam 4-8%
WkD Wilkes Loam 8-15%
WkE Wilkes Loam 15-25%
WkF Wilkes Loam 25-45%
VAID Wilkes-Urban Land
//W/E/KM 06.021 09
Mecklenburg County,
North Carolina
Delineation Boundary
2 EnB
r
L 4 V.
CuB
MkB i .: I.
(4*2
CeD
-U
(Ce82
WkD ---- --
MeS i
MkB
EnD
Ena
i
WkE
Ce82
J i EnB j
1ka_e821 <WkD
EnB
WkD '\ Wka » »>\ .,
WkF'\< Ce82
CUB
;PaE
U
Ce82 '1!4.
C®02
Ce82
Ofar\Ahter
224 South Grove Street, Suite F
Hendersonville, North Carolina 28792
0 250 500 1,000
--- Feet
USDA Soils Map
Figure 3
North Wilkinson Tract (+/- 377 Acres)
I
*i.
T
4
Mecklenburg County,
North Carolina
(lear\Ahter
224 South Grove Street, Suite F
Hendersonville, North Carolina 28792
Aerial Photograph 2010
NCCGIA
Figure 4
Jurisdictional wetlands and waters identified
on this map have been located within sub-
meter accuracy utilizing a Trimble mapping
grade Global Positioning System (GPS) and
the subsequent differential correction of that
data.GPS points may demonstrate
uncorrectable errors due to topography,
vegetative cover, and/or multipath signal error.
Note:The illustrated wetland and stream
locations are approximate. These areas have
been flagged in the field; however, they have
not been surveyed. Although ClearWater
Environmental Consultants, Inc. (CEC) is
confident in our assessment, the US Army
Corps of Engineers (Corps) is the only agency
that can make final decisions regarding
jurisdictional wetland and waters of the US
delineations.Therefore, all preliminary
detenninations are subject to change until
written verification is obtained. CEC strongly
recommends that written verification be
obtained from the Corps prior to closing on
the property, beginning any site work, or
making any legal reliance on this
determination.
This map was prepared by CEC using the
best information available to CEC at the time
of production. This map is for informational
purposes only and should not be used to
determine precise boundaries, roadways,
property boundary lines,nor legal
descriptions. This map shall not be construed
to be an official survey of any data depicted.
CDIA North Wilkinson (+/- 377 AC) - DRAFT
1
Af »
JD Form #3
3 . I.
Wetland Form 1
, IC -...
A 3.-Vil/'
,
Z
Wetland Form #2
Source Data: Mecklenburg County, CDIA,
field collected data.
Legend
Stream
Linear Wetland
\Agtland
Open Water
Non-Jurisdictional Isolate(1.Pond
Culvert
Delineation Boundary
Drawn by: RKM/RLN 07.23.13,CEC Project# 709
Mecklenburg County,
North Carolina
0-earWater
224 South Grove Street, Suite F
Hendersonville, North Carolina 28792
7
..
3 Wetland Form #3 N
0 250 500 1,000
F"'fi.Ii""""' Feet
Stream and Wetland Delineation
Delineated June 25,2013
Figure 5
WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont
PMecUS,te: CO,M t.15' fh W; lk;44...1 Clty/County rA<Ale-6 3 Sampling Date: 6/35 1.5-
Applicant/Owner: CAK 644 - D.St*, s In*t,.,diA-1\ Aireor¥State: rt sampung point 4* I IM/S)
Investigator(s): A· A#L C Il / G.. F td ki Section, Township, Range: -
Landform (hillstope, terrace, etc.): 98-1 lu#4-»Local re[[ef (concave, convex, none):C.*44 Slope (96): 6 1
Subregion (LRR or MLRA): Le-*T Lat:3 S. 43 9 9 D:k Long: -ED· 95390/Datum: r AD %1
Soil Map Unit Name: In.4444 , Cccit -Vel.. , Cu: 1 6.„.11 6'1 Nwl classification: Fr#,-4:r TI,•&,1 /41,1 \41-4 :
Are climatic/ hydrologic condltionson thesite typical forthistimeoryear? Yes X No (lf no, explain in Remarks.)7,4.-Au 9.%11 1
Are Vegetation . Soil . or Hydrology significantly disturbed?Are Wormal Circumstances" present? Yes X No
Are Vegetation -. Soil . or Hydrology naturally problematic?(lf needed, explain any answers in Remarks.) 1
SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present'?
Hydric Soil Present?
Wetland Hydrology Present?
Remarks:
Yes X No
Yes X No
Yes Y No
Is the Sampled Area
within a Welland7 Yes X No
HYDROUOGY
Wetland Hydrology Indicators:Secondarv Indicators (minimum of two reouiredl
Primary Indicators (minimum of one is reouired: check all that aoolv) _Surface Soil Cracks (86)
1 Surface Water (Al) _True Aquatic Plants (814) _Sparsely Vegetated Concave Surface (88)
High Water Table (A2) _Hydrogen Sulfide Odor (Cl) _Drainage Patterns (810)
1- Saturation (A3)1 Oxidized Rhizospheres on Uving Roots (C3) _ Moss Trim Unes (816)
Water Marks (81) _Presence of Reduced Iron (C4) -Dry-Season Water Table (C2)
Sedlment Deposits (82) _Recent Iron Reduction in Tilled Solls (CS)-X- Crayllsh Burrows (CS)
Drift Deposits (83) _Thin Muck Surface (C7) _Saturation Visible on Aerial Imagery (C9)
Algal Mat or Crust (84) _Other (Explain In Remarks) _Stunted or Stressed Plants (Dl)
Iron Deposits (85) _Geomorphic Position (02)
Inundation Visible on Aerial Imagery (87) _Shallow Aguilard (03)
i Water-Stained Leaves (89) _Microtopographic Relief (04)
Aquatic Fauna (813) _FAC-Neutral Test ([)5)
Field Observations:
Surface Water Present? Yes >( No Depth (inches): 6 - fiA
Water Table Present?yes )( No Depth (inches'- n-rl
Saturation Present?Yes X No Depth (inches): 0 - Fk
(Includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous Inspections), If available:
Remarks:
US Army Corps of Engineers
Weuand Hydrology Present? Yes No
Eastern Mountains and Piedmont -Interim Version
VEGETATION (Four Strata) - Use scientific names of plants.
50 -· 1 9
Tree Stratum (Plot size:30 )10 - 161. A|'*3, 4;Y·
2. Afer .A,ju.L
3. Aur Evkcv-
4. 14«4.-bu 984'.cul.,b,
5. 1-; r'• •d:*.Ar... Avit p; £4&
6.
7.
8.
So. 10
Sapling/Shrub Stratum (Plot size:30 t)'4
1. 5.11* 4.j.,„
2. L'.ct, 44-4. li•knit
3. 556* 6„bin..415
4. ALA 4144*
5.
6.
7.
8.
9.
10.
Herb Strat:In (Plot size: 1 5
1. 99-6,u.. c-b-. der 4*
2. I rvip##c,4 c-'pe.4.5
3. ju/4,•6 5P
4.
5. 6,j 4*•,4* \&*AS»R•,
6.
7.
8.
9.
10.
11.
12.
Woody Vine Stratum (Plot size:
1,
2.
3.
4.
5.
6.
Absolute Dominant Indicator
% Cover Species? Status
50 3,6 0 56
15 FAL
3 FAL
5 .... FAC
H
1% =Total cover
10 )'(6
5 4,4
a
fo. 49 I g = Total Cover
)9--10
3, FAC
50 yK RAL,1
1.0 FACW
35, .' yes 71\C
15, oBL
5 9 1 =Total cover
Remarks: (Include photo numbers here or on a separate sheet)
US Amly Corps of Engineers
= Total Cover
ABI-
FAU
FAc
061-
Dominance Test worksheet
Number of Dominant Species
That Are OBL, FACW, or FAC:
Total Number of Dominant
Species Across All Strata:
Percent of Dominant Species
That Are OBL, FACW, or FAC:
Sampling Pointtl K D
q (A)
(B)
10 (AB)
Prevalence Index worksheet:
Tolal % Cover of:Multiolv bv:
OBL species X 1=
FACW species x 2=
FAC Species x 3=
FACU species X 4=
UPL species x 5=
Column Totals: (A) (B)
Prevalence Index = EWA=
Hydrophytic Vegetation Indicators:
1 - Rapid Test for Hydrophytic Vegetation
/ 2 - Dominance Test is >50%
3 - Pravalence Index is 53.0'
4 - Morphological Adaptations' (Provide supporing
data In Rernarks or on a separate sheet)
Problematic Hydrophytic Vegetation' (Explain)
'Indicators of hydric soll and wetland hydrology must
be present, unless dist,rbed or problematic.
Definitions of Four Vegetation Strata:
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
more In diameter at breast height (DBH), regardless of
height
Sapling/Shrub - Woody plants, excluding vines, less
than 3 In. DBH and greater than 3.28 fl (1 m) tall,
Herb - All harbaceous (non-woody) plants, regardless
of size, and woody plants less than 3.28 ft tall.
Woody vine - All woody vines greater than 3.28 ft in
height
Hydrophytic
Vegetation
Present?Yes No
Eastern Mountains and Piedmont - Interim Version
SOIL Sampling point«# 1 KO
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of Indicators.)
Depth Matrix Redox Features
finchesl Color (molst) _3L_Color (molstl -L_ Tvoe' Loc' Texture Remarks
0-l),10 * 9/,(1]9_9_ 1 DVR.4/1 _30_ __L -_CL C.17/to'-
'Type: C=Concentration, D=Depletion, RM=Reduced Matrix. MS=Masked Sand Grains.2Location: PL=Pore Uning, M=Matrix.
Hydric Soil Indicators:Indicators for Problematic Hydric Solls"
HIstosol (Al) _Dark Surface (S7) _2 cm Muck (A'10) (MLRA 147)
Histic Epipedon (A2) _Polyvalue Below Surface (SB) (MLRA 147,148) _ Coast Prallia Redox (A16)
Black HIstic (A3) _Thin Dark Surface (S9) (MI_RA 147, 148)(MLRA 147, 148)
Hydrogen Sulnde (A4) _Loamy Gleyed Matrix (F2) · _ Piedmont Floodplaln Solis (Fle)
Strallfied Layers (AS)1 Depicted Mat,bc (F3)(MLRA 136, 147)
2 cm Muck (A10) (LRR N) -Redox Dark Surface (F6) _Red Parent Material (TF2)
Depleted Below Dark Surface (All) _ Depicted Dark Surface (F7) _Very Shallow Dark Surface (TF12)
Thick Dark Surface (A12) _ _Redox Depresslons (FB) _Other (Explain in Remarks)
Sandy Mucky Mineral (Sl) (LRR N, _Iron-Manganese Masses (F12) (LRR N,
MLRA 147, 148)MLRA 136)
Sandy Gleyed Matrix (S4) _UmbrIc Surface (F13) (MLRA 136, 122)'Indicators of hydrophytic vegetation and
Sandy Redox (S5) -Piedmont Floodplain Solls (1:19) (MLRA 148)wetland hydrology must be present,
Stripped Matrix (S6)unless disturbed or problematic.
Restictive Layer (if observed):
Type
Depth (Inches):
Remarks:
US Army Corps of Engineers
Hydric Soil Present? Yes No
Eastern Mountains and Piedmont - Interim Version
WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont
Project/Site:CD,4 B.'46 W,,k-4-City/County:1.'<l*„Im3 samp[Ing Date: 6/9 /13
Applicant/Owner: CJ-whit -041 4408.4i••-1 A'.ron State: rk Sampling Point: *4 (E H i -0
Investigator(s): K. M .kt,* 1\ / C. 0·:UIL Section, Township, Range:
Landform (hillslope, terrace, etc): -[crr,Local relief (concave, convex, none): -COA<...e Slope (96): L I
Subregion (LRR or MLRA): stiV®,9...Lat '15.03St37 Long: -ED. 9 6159 9 Datum: '4 AD 43
Soil Map Unit Name: ?a ftct 944dy 1.0£*-NWI classification: -
Are cllmatic / hydrologic conditions on the site typical for this time of year? Yes X No (lf no, explain in Remarks.)
Are Vegetation , Soil . or Hydrology significantly disturbed?Are Wormal Circumstances' present? Yes X No
Are Vegetation , Soil . or Hydrology naturally problematic?(If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc.
Hydrophyllc Vegetation Present?
Hydric Soil Present'?
Wetland Hydrology Present?
Remarks:
HYDROLOGY
Yes X No
Yes X No
Yes X No
Is the Sampled Area
within a WeUand?
Wetland Hydrology Indicators:
Primarv Indicators (minimum of one is required: check aillhat apply)
Surface Water (Al) _True Aquatic Plants (814)
High Water Table (A2) _Hydrogen Sulfide Odor (Cl)
Saturation (A3) _Oxidlzed Rhimspheres on Living Roots (C3)
1- Water Marks (81) -Presence of Reduced Iron (C4)
Sediment Deposits (82) _Recent Iron Reduction In Titled Soils (Ce)
Drift Deposits (83) _Thin Muck Surface (CD
Algal Mat or Crust (EM) _Other (Explain in Remarks)
Iron Deposits (85)
Inundation Visible on Aerial Imagery (87)
A Water-Stained Leaves (89)
Aquatic Fauna (813)
Field Observations:
Surface Water Present?Yes - No _X_ Depth (inches):
Water Table Present?Yes - No -_A_ Depth (Inches)
*
Saturation Present?Yes E No X Depth (Inches):
(Includes capillaty fringe) .-
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous Inspections), If available:
Remarks:
US Army Corps of Engineers
Yes X No
Secondary Indicators fminimum of two requiredl
Surface SoD Crads (86)
Sparsely Vegetated Concave Surface (88)
Drainage Patterns (810)
Moss Tdm Lines (816)
Dry-Season Water Table ((2)
Craylish Burrows (C8)
Saturation Visible on Aerial Imagery (C9)
Stunted or Stressed Plants (Dl)
GeomorphIc Position ([)2)
Shallow Aquitard (03)
Microtopographic Relief ([)4)
FAC-Neutral Test (05)
Wetland Hydrology Present7 Yes X No
Eastern Mountains and Piedmont - Interim Version
VEGETATION (Four Strata) - Use scientific names of plants.
Absolute Dominant Indicator
% Cover SDecles? StatuEL
05 1,< FAC
10.,1
Tree Straturn (Plo, size: 50 ) 10:
1 1-19,A,la-l•r *t9 CAC;Ct·,
2.
3.
4.
5.
6.
7.
8.
<0. M
Saolina/Shrub Stratum (Plot size: 30
1. 006-4 c.,h.;44
2. Fr-*-4 (*-,illvi-'.c.
3.
4.
5.
6.
7.
8
9.
10.
82*Stratllm (Plot size:
1. 50ek Ne'Ir, 07, 44; 4
2. C.<.1 q.
3.
4.
5.
6.
1.
8.
9.
10.
11.
11
Woodv Vine Stratum (Plot size: 5 1
1. -
2.
3.
4.
5.
6.
Remarks: (Include photo numbers here or on a separate sheet.)
US Amiy Corps of Engineers
3
g 0
2 5 =Total cover
4 R
FAC
SACW
= Total Cover
Yes Al
Yes 'PAC-
5 I Total cover
0 = Total Cover
Sampling Point * 1 1<H 1-1)
Dominance Test worksheet
Number of Dominant SpeciesThat Are OBL, FACW. or FAQ | (A)
Total Numberof Dominant
Species Across All Strata: (8)q
Percentof Dominant Species
That Are OBL, FACW, or FAC:100 (A/B)
Prenlence Index worksheet
Total % Cover of:Mulliply bv-
OBL species x 1=
FACW species x 2=
FAC species x 3=
FACU species x 4=
UPI. spedes x 5=
Column Totals: (A) (B)
Prevalence Index - 8/A =
Hydrophyllc Vegetation Indicators:
1 - Rapid Test for Hydrophytic Vegetation
1 2 - Dominance Test Is >50%
3 - Prevalence Index is 53.01
4 - Morphologlcal Adaptations' (Provide supporEng
data in Remarks or on a separate sheet)
Problematic Hydrophytic Vegetation' (Explain)
'Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
Definitions of Four Vegetation Strata
Tree - Woody plants. exdudIng vines, 3 In. (7.6 cm) or
more in diameter at breast height (OBH), regardless of
height.
Sapling/Shrub - Woody plants, exduding vines, less
than 3 In. DBH and greater than 3.28 ft (1 m) tall.
Herb - All herbaceous (non-woody) plants, regardless
of size, and woody plants less than 3.28 ft tall.
Woody vine - All woody vines greater than 3.28 ft in
height
Hydrophytic
Vegetation
Present7 Yes X No
Eastern Mountains and Piedmont - Interim Version
Sampllng Point * 4 URN 1-7)SOIL
Profile Descripuon: (Describe to the depth needed to document the Indicator or confirm the absence of Indicators.)
Depth Matrix Redox Features
(inches) Color (moist) %Color (molsit -5- _Im,L_LggL Texture Remarks
0-12%10'A 4/1 50 'OYE 4/6 sp c M Cl.,/1-40,= 12. ·. 204(ipkIA)- -550·' -
'Type- C=Concentration, D=Depiction, RM=Reduced Matrix. MS=Masked Sand Grains.
Hydric Soil Indicators:
HIstosol (Al) _Dark Surface (S7)
HIstic Epipedon (A2) _Polyvalue Below Surface (SB) (MLRA 147, 148)
Black Histic (A3) _Thin Dark Surface (S9) (MLRA 147, 148)
Hydrogen Sumde (A4) _Loamy Gteyed Matrix (F2)
Strallfied Layers (A5)1 Depicted Mal,ix (F3)
2 cm Muck (A10) (LRRN) _Redox Dark Surface (FB)
Depleted Below Dark Surface (All) _Depicted Dark Surface (F7)
Thick Dark Surface (A12) _Redox Depresslons (FB)
Sandy Mucky Mineral (51) (LRR N, _ Iron-Manganese Masses (F12) (LRR N,
MI-RA 147, 148)MLRA 136)
Sandy Gleyed Matrix (S4) _Umbric Surface (F13) (MLRA 136, 122)
Sandy Redox (35) _Piedmont Floodplain Solls (F19) (MLRA 148)
Stripped Matrix (S6)
Restrictive Layer (if observed):
Type:
Depth (inches):
Remarks:
US Army Corps of Engineers
21-ocation: PL=Pore Uning,M=Matrk.
Indicators for Problematic Hydric Solls.:
2 cm Muck (A10) (MLRA 14D
Coast Prairie Redox (A16)
(MLRA 147, 148)
Piedmont Floodplain Solls (F'19)
(MLRA 136, 14D
Red Parent Material (TF2)
Very Shallow Dark Surface (TF12)
Other (Explain in Remarks)
'Indicators of hydrophytic vegetation and
welland hydrology must be present
unless disturbed or problematic
Hydric Soil Present? Yes ) No
Eastern Mountains and Piedmont - Interim Version
WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont
Projecuslte: A/. VVEV¥50'1 8/1(1 City/County- 1/lfrr Irribl)(A Sampling Date: 5.01. Li
Applicant/Owner:CD\A Stat@' U 0 Sampling point: **3
Investigator(s): C . 12/*11, . 2. k NU )tzy,Section, Township, Range:/1 14-
Landrorm (hillslope, terence, etc): C>trA per'Fi \ohy,Local relief (concave. convex. none): ro/Irn,/C Slope (%): 42-
Subregion (LRR or MLRA): I .3L¢A\1 Let: ,35 ·23(04(crl Lang: -80. 4522£3 1 Daturn: 1,045 9,1
Soil Map Unit Name: C€-91 NWI classification:p Fo 16
Are dimatic / hydrologic conditions on the site typical for this lime of year? Yes X No (If no, explain in Remarka)
Are Vegetation , Soil . or Hydrology significantly disturbed7 Are Wormal Circumstances' present? Yes _3 No
Are Vegetation . Soil . or Hydrology nabrally problematic7 (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present?
Hydric Soil Present?
Wetland Hydrology Present7
Remarks:
Yes X No
Yes X No
Yes X No
Is the Sampled Area
within a Wetland?Yes X No
HYDROLOGY
Wetland Hydrology Indicators:Seconda,v Indicators fminimum of hi required)
Primary Indicators (minimum of one is reaulred: check all that aoolv _Surface Soil Cracks (86)
X Surface Water (Al) _True AquaUc Plants (814) _Sparsely Vegetated Concave Surface (88)
High WaterTable (A2).X Hydrogen Sulfide Odor (01)L Drainage Patterns (810)
i Saturation (A3)X Oxidized Rhlmspheres on UvIng Roots ((3) _ Moss T,Im Lines (816)
,2£ Water Marks (Bl) _Presence of Reduced Iron (C4) _Dry-Season Water Table (C2)
Sediment Deposits (82) _Recent Iron Reduction In Tilled Solls (C6) _Crayfish Burrows (CB)
Drift Deposits (83) _Thin Muck Surface (C7) _Saturation Visible on Aerial Imagery (C9)
Algal Mat or Crust ([34) -Other (Explain In Remarks) _Stunted or Stressed Plants (Dl)
Iron Deposits (85)1 Geomorphic Position (02)
Inundallon Visible on Aerial Imagery (87) _Shallow Aquitard ([)3)
X Water-Stained Leaves (89) _Microtopographic Retef ([)4)
Aquatjc Fauna (1313) _FAGNeutral Test (05)
Field Observations:
Surface Water Present7 Yes X No Depth (inches): O-IL+
Water Table Present?Yes X No Depth (Inches): 0 - 7-
Saturation Present?Yes _X_ No _ Depth (Inches): 0 Wetland Hydrology Present? Yes * No
(Includes capmary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous Inspections), If available
Remarks:
Vt<41-\Ar.6 45 ,1 0 icl fortol '001"tz)*r) .
US Army Corps of Engineers Eastern Mountains and Piedmont - Interim Version
VEGETATION (Four Strata) - Use scientific names of plants.
Absolute Dominant Indicator
Tree Stratum (Plot size: ) % Cover Species? Status
1/,fc(J OAL
2. Ar// v\< U/'Ir:10 Pprc-
3.
4.
5.
6.
7.
8.
Saptina/Shrub Stratum (Plot size: )
1. A-\A l& Se.vv'Ulata .
2. SG / i -,vilq<CL-
3. Liquirlct«bar -or.,44ua-
4. Pl/)It-AnUS,nrcirl·ra +r, 1,.1
5. Pnpl)\US 64 U 0 10< tn
6.
1.
8.
9.
10.
Herb Stratum (Plot size: )
1. Irn r,/·rrw'$ 5 ro f),··rS\ s
2..h,(\C)J r-OA-)Sll<;
3. 9.911-Mivlm. lai\fl) lia_.
4. CZY<t sp P I
5. MIC<0 grer),arn v\01,4/IJAn
6. 13<111VM4r,/In C> / 1,7:19/ co-
7.
8.
9.
10.
11.
11
Woodv Vine Stratum (Plot size: )
1. Tox{ cncl,iricr,4 rarl trol<
2. Lor,IC«OL J(A eon'r/11
3.
4.
5.
6.
Remarks: (Include photo numbers here or on a separate sheet.)
US Army Corps of Engineers
= Tota] Cover
= Total Cover
= Total Cover
= Total Cover
Deu
DSL
FA-6
FA·CvO
FAC
Sampling Point # 3
Dominance Test worksheet
Number of Dominant Species
That Are OBL, FACW, or FAQ
Total Number of Dominant
Species Across All Strata: (8)
Percent of Dominant Species
That Are OBL. FACW. or FAC:\DO (A/B)
Prevalence Index worksheet:
Total % Cover of:Multiply by.
OBL spedes x 1=
FACW species x 2=
FAC spedes x 3=
FACU species x 4=
UPL species X 5=
Column Totals:(A) (B)
Prevalence Index = EVA =
Hydrophytic Vegetation Indicators:
1 - Rapid Test for Hydrophylic Vegetation
.* 2 - Dominance Test is >5096
3 - Prevalence Index Is 53.01
4 - Morphological Adaptations' (Provide suppoang
data In Remarks or on a separate sheet)
Problematic Hydrophytic Vegetation' (Explain)FACA
E 'Indicators of hydric soil and wetland hydrology mustbe present unless disturbed or problematic
-Efebol-Definitions of Four Vegetation Strata:
FP« .
9%*52 -
FAC-
FAC '
Tree Woody plants, exduding vines, 3 In. (7.6 cm) or
more In diameter at breast height (DBH), regardless of
height.
Sapling/Shrub - Woody plants, excluding vines, less
than 3 In. DBH and greater than 3.28 ft (1 m) tail.
(A)
Herb - All herbaceous (non-woody) plants, regardless
of size, and woody plants less than 3.28 fl tall.
Woody vine -All woody vines greater than 3.28 ft In
height
Hydrophytic
Vegetation
Present?Yes X No
Eastern Mountains and Piedmont - Interim Version
sampiing point: # 3SOIL
Profile Description: (Describe to the depth needed to document the Indicator or confirm the absence of Indicators.)
Depth Matrix Redox Features
(inches)Color (molst) 96 Color Cmoist)LL_Toet__LnE_Texture Remarks
0-3 IDMA 31(0 too loorn
3-12+1312.41 i 99 1072 519 1 -C_ PL 1 0041
Type: C=Concentration. D=Depiction, RM=Reduced Matrix, MS=Masked Sand Gralrs.2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators:Indicators for Problematic Hydric Solls':
Histosol (Al) _Dark Surface (57) _2 cm Muck (A10) (Ntt.RA 14D
Hislic Epipedon (A2) _Polyvalue Below Surface (S8) (MLRA 147, 148) _ Coast Prairie Redox (A16)
Black Histic (A3) _Thin Dark Surface (S9) (MLRA 147,148)(MI.RA 147. 148)
Hydrogen Sulfide (A4) _Loamy Gleyed Matrix (F2) · _ Piedmont Floodplah Solls (F19)
Stratified Layers (A5)1 Deplated Matlix (F3)(MLRA 136. 147)
2 cm Muck (A10) (LRR N) _Redox Dark Surface (F6) _Red Parent Material (TF2)
Depicted Below Dark Surface (All) _ Depicted Dark Surface (F7) _Very Shallow Dark Surface (TF12)
Thick Dark Surface (A12) _Redox Depresslons (FB) _Other (Explain in Remarks)
Sandy Mucky Mineral (Sl) (LRR N, _Iron-Manganese Masses (F12) (LRR N,
MLRA 147, 148)MIJU 136)
Sandy Gleyed Matrix (S4) _Umbric Surface (F13) (MLRA 136, 122)'Indicators of hydrophytic vegetation and
Sandy Redox (SS) _Piedmont Floodplain Soils F19) (MI.RA 148)wetland hydrology must be present.
Stiipped Matrix (S6)un!ess disturbed or problematic
Restrictive Layer (if observed):
Type:
Depth (Inches):
Remarks:
US Army Corps of Engineers
Hydric Soil Present? Yes )4 No
Eastern Mountains and Piedmont - Interim Version