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HomeMy WebLinkAbout20181069 Ver 1_401 Application_20180818Action History (UTC -05:00) Eastern Time (US & Canada) Submit by Anonymous User 8/6/2018 9:39:50 AM (Message Start Event) Accept by Montalvo, Sheri A 8/6/2018 1:43:03 PM (NON -DOT Project) • The task was assigned to Montalvo, Sheri A. The due date is: August 9, 2018 5:00 PM 8/6/2018 9:40 AM Staff Review ID#* 20181069 Version* 1 Is this project a public transportation project?* r Yes r No Reviewer List:* Alan Johnson:eads\adjohnson1 Select Reviewing Office:* Mooresville Regional Office - (704) 663-1699 Submittal Type:* 401 Application Does this project require a request for payment to be sent?* r• Yes r No How much is r $240.00 owed?* r $570.00 Project Submittal Dated 8/6/2018 Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: F New Project r Pre -Application Submittal r More Information Response r Other Agency Comments r For the Record Only (Courtesy Copy) New Project - Please check the new project type if you are trying to submit a new project that needs an official approval decision. Pre -Application Submittal - Please check the pre -application submittal if you just want feedback on your submittal and do not have the expectation that your submittal will be considered a complete application requiring a formal decision. More Information Response - Please check this type if you are responding to a request for information from staff and you have and ID# and version for this response. Other Agency Comments - Please check this if you are submitting comments on an existing project. Project Contact Information Name: Chris Tinklenberg Who is subrritting the information? Email Address: Chris.Tinklenberg@kimley-horn.com Project Information Project Name: South Charlotte Connector - Park to McMullen Is this a public transportation project? r Yes r No Is the project located within a NC DCM Area of Environmental Concern (AEC)? r Yesr No r Unknown County (ies) Mecklenburg Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach docurrent 00-SCC_PCN Complete_Final_20180802.pdf 17.29MB 2018-07-31 _XCLT-SCC_QC. pdf 42.59MB Only pdf or larz files are accepted. Describe the attachments: On behalf of our client, The City of Charlotte, Engineering and Property Management (City or E&PM), Kimley- Horn (KH) is submitting the enclosed joint Section 404/401 Pre -Construction Notification for your review pursuant to Nationwide Permit 14 and General 401 Water Quality Certification number 4135 as well as a Preliminary Jurisdictional Determination (JD) request package for your review. Authorization is requested to construct approximately 1 -mile of 12 -foot wide multi -use trail (i.e. greenway) connecting Park Road to the McMullen Creek Greenway including elevated boardwalk and a pedestrian bridge crossing over the creek. The center of the project area is located at 35.072291'N, -80.870204°W. PF By checking the box and signing box below, I certify that: • I have given true, accurate, and complete information on this form; • I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act) • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the online form." Signature: Submittal Date: Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW- Begin Date (Date Received): Prepare file folder Assign Action ID Number in ORM 1. Project Name [PCN Form A2a]: 2. Work Type: Private Institutional Government Commercial 3. Project Description / Purpose [PCN Form B3d and B3e]: 4. Property Owner / Applicant [PCN Form A3 or A4]: 5. Agent / Consultant [PNC Form A5 – or ORM Consultant ID Number]: 6. Related Action ID Number(s) [PCN Form B5b]: 7. Project Location – Coordinates, Street Address, and/or Location Description [PCN Form B1b]: 8. Project Location – Tax Parcel ID [PCN Form B1a]: 9. Project Location – County [PCN Form A2b]: 10. Project Location – Nearest Municipality or Town [PCN Form A2c]: 11. Project Information – Nearest Waterbody [PCN Form B2a]: 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]: Authorization: Section 10 Section 404 Section 10 and 404 Regulatory Action Type: Pre-Application Request Unauthorized Activity Compliance Standard Permit Nationwide Permit # Regional General Permit # Jurisdictional Determination Request No Permit Required Revised 20150602 2018 South Charlotte Connector- Park Road to McMullen Creek ✔ The purpose of this project is to create a trail connection from the Cross-Charlotte (XCLT) Trail/Little Sugar Creek Greenway to the 5.5 mile long McMullen/McAlpine/Four Mile Creek Greenway system which crosses South Charlotte. This submittal is to request a PJD and submit PNC pursuant to NWP 14 for the South Charlotte Connector - Park Road to McMullen Creek segment. COC-E&PM; POC: Imad Fakhreddin Kimley-Horn; POC Mr. Chris Tinklenberg, PWS Located perpendicular from Park Road to McMullen Creek in Charlotte, North Carolina Multiple - Linear Project Mecklenburg Charlotte McMullen Creek Lower Catawba (HUC 03050103) ✔ ✔ ✔ kimley-horn.com 200 South Tryon Street, Suite 200, Charlotte, NC 28202 704-333-5131 August 2, 2018 Mr. David Shaeffer Asheville Regulatory Field Office US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 Ms. Karen Higgins NC DWR, 401 & Buffer Permitting Unit 512 North Salisbury Street Raleigh, NC 27604 Re: Pre-Construction Notification (NWP 14) & Preliminary Jurisdictional Determination Request South Charlotte Connector – Park Road to McMullen Creek Charlotte, Mecklenburg County, NC Dear Mr. Shaeffer and Ms. Higgins: On behalf of our client, The City of Charlotte, Engineering and Property Management (City or E&PM), Kimley-Horn (KH) is submitting the enclosed joint Section 404/401 Pre-Construction Notification for the above referenced project for your review pursuant to Nationwide Permit 14 and General 401 Water Quality Certification number 4135 as well as a Preliminary Jurisdictional Determination (JD) request package for your review for the above referenced project. Authorization is requested to construct approximately 1-mile of 12-foot wide multi-use trail (i.e. greenway) connecting Park Road to the McMullen Creek Greenway including elevated boardwalk and a pedestrian bridge crossing over the creek. The center of the project area is located at 35.072291°N, -80.870204°W. The following information is included as part of this application submittal:  Project Summary Sheet  Pre-Construction Notification Form  Project Site Figures  Figure 1 – Vicinity  Figure 2 – USGS 7.5’ Topo (Weddington Quadrangle)  Figure 3 – Meck. Co. SSURGO Soils (2018 Meck. Co. Aerial)  Figure 4 – PJD Field Sketch (2018 Meck. Co. Aerial)  Figure 5 – Proposed Conditions  Construction Plans of Proposed South Charlotte Connector – Park Road to McMullen Creek  Jurisdictional Determination Request Form  Field Data Forms  NCDWR Stream Identification Forms  Wetland Determination Data Form – EM&P Region  Project Site Photographs  Agency Correspondence  Credit Reservation Letter Page 2 kimley-horn.com 200 South Tryon Street, Suite 200, Charlotte, NC 28202 704-333-5131 Project Background The purpose of this project is to create a trail connection from the Cross-Charlotte (XCLT) Trail/Little Sugar Creek Greenway to the 5.5-mile-long McMullen/McAlpine/Four Mile Creek Greenway system which crosses South Charlotte, thereby expanding the trails connected to XCLT by almost seven miles and connecting XCLT to thousands more users in South Charlotte (See Figure 6). Specifically, the scope of this project will include a bridge from McMullen Creek Greenway just south of I-485 over McMullen Creek to City owned property at the McAlpine Creek Waste Water Treatment Plant and a path from there west across the property to Park Road. Finally, it will include a crossing at Park Road to where the County will build the remainder of the South Charlotte Connector from Park Rd to Little Sugar Creek Greenway/XCLT at the Polk Center at 12031 Lancaster Highway. The County’s portion of the Connector is not a part of this project and is included in the County’s extension of Little Sugar Creek Greenway from I-485 to the Polk Center, which is currently under design and slated for construction in 2018. The goal of this project is to create a comfortable and attractive connector between the two greenways as described above. The following criteria shall be goals for the design of the connector:  Comfort - Physical separation from motorized vehicular traffic to the maximum extent possible within budget and physical constraints.  Cross-section – Although this is a connector we believe it will be popular as a connection between the two greenways as well as a connection to Carolina Place Mall from nearby residential neighborhoods. Therefore, the connector will be a multi-use path with a minimum width of 12 ft.  Bicycle friendly - Meet design standards and criteria as recommended in the Cross-Charlotte Trail Master Plan and as further determined through this planning and design process for this project. Consider design guidelines found in NACTO’s Urban Bikeway Design Guide and FHWA Separated Bike Lane Planning and Design Guide where applicable. Existing Conditions The Preliminary JD information reflects site conditions evaluated by Kimley-Horn staff (Chris Tinklenberg, PWS) on March 3, 2016. The delineation was performed using a Trimble Geo7X sub- meter GPS to locate wetland boundary flags, stream centerlines and data form locations. North Carolina Division of Water Resources (NCDWR) stream identification methodology was used to identify potential non-wetland waters of the US. NCDWR Methodology for Identification of Intermittent and Perennial Streams and Their Origins, Version 4.11 (NCDWR, September 2010) stream forms were completed for each stream. NCDWR Stream Classification Forms representative of Streams 1-3 are attached. Additionally, Wetland Determination Data Forms representative of on- site Wetlands 1 and 2 are also attached. See Figure 4 for locations of the stream classification points and the Wetland Determination Data Form locations. The project area includes a maintained sanitary sewer easement throughout the entirety of the project area and is bound by I-485 on the east and a water treatment plant, including some undeveloped forested areas, to the west. Vegetation within and bordering the sanitary sewer easement consists of fescue (Festuca spp.), sweetgum (Liquidampar styraciflua), tulip poplar (Liriodendron tulipifera), Eastern cottonwood (Populus deltoides), sericea lespedeza (Lespedeza cuneata), broomsedge Page 3 kimley-horn.com 200 South Tryon Street, Suite 200, Charlotte, NC 28202 704-333-5131 bluestem (Andropogon virginicus), Eastern redcedar (Juniperus virginiana), Russian olive (Elaeagnus angustifolia), wild onion (Allium canadense), and Bradford pear (Pyrus calleryana). Jurisdictional Delineation Results On-Site jurisdictional waters drain to and include McMullen Creek. McMullen Creek is part of the Lower Catawba River Basin (HUC 03050103) and is classified as “Class C Waters” by the NCDWR. According to the NCDWR, Class C Waters are defined as: “Waters protected for uses such as secondary recreation, fishing, wildlife, fish consumption, aquatic life including propagation, survival and maintenance of biological integrity, and agriculture.” Potential Non-Wetland Waters of the US The results of the on-site field investigation indicate that there are three potential non-wetland waters of the US (Streams 1-3) located within the project area (Figure 3). Stream 1 (McMullen Creek) originates offsite and drains approximately 17.5 square miles at the point where the creek crosses the project area. Approximately 16 linear feet of Stream 1 is present within the project area. Stream 1 exhibited evidence of strong continuity of channel bed and bank, particle size of stream substrate, depositional bars or benches, recent alluvial deposits, evidence of organic debris lines or piles. Stream characteristics indicate that continuous flow is present year-round in a typical year. Stream 1 scored a 46 out of a possible 63 points on the NCDWR Stream Classification Form. Stream 2 originates at the outlet structure of an offsite impoundment and flows approximately 93 linear feet through the project area from west to east. Stream 2 is conveyed through the sanitary sewer easement via an existing 15-foot, 18-inch ductile iron pipe. Stream 2 exhibited evidence of moderate continuity of bed and bank, baseflow and in-channel structure. Other stream characteristics include weak particle size of the stream substrate, depositional bars or benches and organic debris lines or piles; however, soil-based evidence of a high-water table was observed. In- stream aquatic organisms were not observed during biological sampling. Stream characteristics indicate that flow is present at least seasonally in a typical year. Stream 2 scored a 25 out of a possible 63 points on the NCDWR Stream Classification Form. Stream 3 originates offsite and flows approximately 64 linear feet from west to east through the project area. Stream 3 is conveyed through the sanitary sewer easement via 36-inch and 18-inch ductile iron pipes which are 15-foot and 22-foot, respectively. Up and downstream of the crossing, the stream exhibits evidence of strong continuity of channel bed and bank, strong in-channel structure, strong particle size of stream substrate, and strong continuous baseflow. Stream 3 also exhibits moderate evidence of depositional bars or benches, moderate evidence of recent alluvial deposits, and moderate sinuosity. In-stream aquatic organisms were not observed during biological sampling. Stream characteristics indicate that continuous flow is present year-round in a typical year. Stream 3 scored a 33 out of a possible 63 points on the NCDWR Stream Classification Form. Potential Wetland Waters of the US The results of the on-site field investigation indicate that there are two potential wetland waters of the US located within the project area (Wetlands 1 and 2). Wetlands 1 and 2 are located within the geomorphic floodplain of McMullen Creek and are geographically situated in the lower floodplain elevations beyond the natural creek levee. Within the project area, Wetland 1 is 0.13-ac and Wetland Page 4 kimley-horn.com 200 South Tryon Street, Suite 200, Charlotte, NC 28202 704-333-5131 2 is 0.03-ac; however, both wetland boundaries extend beyond the project boundary limits. Wetlands 1 and 2 are classified as bottomland hardwood forests and contain species such as sweet gum (Liquidambar styraciflua), red maple (Acer rubrum), box elder (Acer negundo), eastern cottonwood (Populus deltoides), black willow (Salix nigra), marsh marigold (Caltha palustris), marsh violet (Viola cucullata), and multiple sedges (Carex spp.). Agency Correspondence Cultural Resources Kimley-Horn consulted the SHPO online GIS service on May 10, 2018, and found no sites of architectural, historic, or archaeological significance within the project corridor. Protected Species A data review was conducted using North Carolina Natural Heritage Program (NCNHP) Data Explorer on May 10, 2018, to determine the presence of any federally-listed, candidate endangered, threatened species, or critical habitat located within the project area. Based on the NCNHP review, there are no records of federally-protected species within the project limits or within a mile of the project site. A copy of the data review report is attached. Proposed Impacts to Jurisdictional Waters The overall project includes the construction of an approximately 1-mile long, 12-foot wide greenway trail, including 5-foot wide shoulders. To facilitate the trail and associated shoulders, the existing piped stream crossings at Streams 2 and 3 must be extended, therefore the existing ductile iron pipes will be removed and replaced with reinforced concrete pipes. The existing 15 linear feet of 18-inch ductile iron pipe at Stream 2 will be removed and replaced with 28 linear feet of 18-inch reinforced concrete pipe resulting in 13 linear feet of permanent impacts to potential non-wetland waters of the US. The existing 15 linear feet of 36-inch and 22 linear feet of 18-inch ductile iron pipes at Stream 3 will be removed and replaced with 32 linear feet of twin 24-inch reinforced concrete pipes resulting in 10 linear feet of permanent impacts to potential non-wetland waters of the US. Culvert replacements/extensions have been reduced to the maximum extent practicable by implementing taller headwalls and maximizing side slopes in order to minimize stream impacts, resulting in 23 linear feet of permanent impacts to potential non-wetland waters of the US. 40 linear feet of temporary impacts potential non-wetland waters of the US are necessary in order to install impervious dikes and a pumped diversion to allow for work in dry conditions. Due to the small diameter culvert replacements, the culverts will be buried no less than 10% of the culvert diameter in order to allow for aquatic passage of biotic resources. Top-down boardwalk construction will be implemented to the maximum extent practicable to avoid and minimize wetland impacts. A small landing will be constructed in order to transition to boardwalk which will result in 0.009-acre of permanent impacts to potential wetland waters of the US. 0.07- acre of temporary impacts to potential wetland waters of the US is necessary for crane access in order to construct the bridge crossing over McMullen Creek. Temporary impacts will occur within the proposed greenway footprint. Mud mats will be placed within wetlands in order to minimize soil disturbance. Following construction of the bridge, mud mats will be removed and top-down boardwalk will be constructed within the same footprint. Page 5 kimley-horn.com 200 South Tryon Street, Suite 200, Charlotte, NC 28202 704-333-5131 Compensatory Mitigation 23 stream credits will be purchased from the City of Charlotte’s Stream and Wetland Mitigation Bank for offsetting impacts associated with this project. Based on the current rate schedule of $502 per linear foot, the project proposes mitigation payment in the amount of $11,546. A credit reservation letter from the City bank sponsor is attached, indicating that the bank has credits available for purchase and is willing to bare the mitigation responsibility for this project. Please feel free to contact me at (704) 409-1802 if you have any questions or if additional information is necessary. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Chris Tinklenberg, PWS Environmental Scientist Attachments Cc: Imad Fakhreddin, P.E. Project Manager City of Charlotte Project Summary Sheet kimley-horn.com 200 South Tryon Street, Suite 200, Charlotte, NC 28202 704-333-5131 Project Name: South Charlotte Connector – Park Road to McMullen Creek Applicant Name and Address: City of Charlotte POC: Imad Fakhreddin 600 East Fourth Street Charlotte, NC 28202 Telephone Number: 704-336-7926 Type of Request: Nationwide PCN (NWP # 14) Individual Permit Application Jurisdictional Determination Other: Included Attachments: Project Plans USGS Map NRCS Soil Survey Agent Authorization Delineation Sketch Delineation Survey Data Forms (Up & Wet) NCDWR Stream Forms USACE Stream Forms NCEEP Confirmation Aerial Photo Site Photos Agency Correspondence Other: Other: Check if applicable: CAMA County Trout County Isolated Waters Section 7, ESA Section 106, NHPA EFH Mitigation Proposed ( NC EEP On-Site Off-Site Other) County: Mecklenburg Nearest City/Town: Pineville Waterway: McMullen Creek River Basin: Lower Catawba H.U.C.: 03050103 USGS Quad Name: Weddington, NC Property Size (acres): 3.5 acres Approx. Size of Jurisdiction on Site (acres): 0.2 ac Site Coordinates (in decimal degrees): 35.068877 °N -80.867457 °W Project Location: The proposed project corridor is located along an existing sanitary sewer easement that extends from Park Road to McMullen Creek Greenway in Pineville, NC. Site Description: The project area includes a maintained sanitary sewer easement throughout the entirety of the project area and is bound by I-485 on the east and a water treatment plant, including some undeveloped forested areas to the west. Impact Summary (if applicable): The project will result in 23 linear feet of permanent impacts to potential non-wetland waters of the US. The project will result in permanent impacts to 0.009 acres of potential wetland waters of the US. 40 linear feet of temporary impacts to potential non-wetland waters and 0.07 acres of temporary impacts to potential wetland waters are necessary to conduct greenway construction activities. NWP # Open Water (acres) Wetland (acres) Stream Channel Intermittent and/or Unimportant Aquatic Function Perennial and/or Important Aquatic Function Temp. Perm. Temp. Perm. Temp. Perm. Temp. Perm. lf ac lf ac lf ac lf Ac 14 0.07 0.009 20 0.0009 10 0.0006 20 0.0009 13 0.0008 Total Total Permanent Impact to Waters of the U.S. (lf/acres) 23/0.0104 Total Temporary Impact to Waters of the U.S. (lf/acres) 40/0.0718 Kimley-Horn Contact: Chris Tinklenberg, PWS Direct Number: (704) 409-1802 Email: chris.tinklenberg@kimley-horn.com Page 1 of 13 PCN Form – Version 1.3 December 10, 2008 Version Office Use Only: Corps action ID no. _____________ DWQ project no. _______________ Form Version 1.3 Dec 10 2008 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: Section 404 Permit Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? Yes No 1d. Type(s) of approval sought from the DWQ (check all that apply): 401 Water Quality Certification – Regular Non-404 Jurisdictional General Permit 401 Water Quality Certification – Express Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: Yes No For the record only for Corps Permit: Yes No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. Yes No 1g. Is the project located in any of NC’s twenty coastal counties. If yes, answer 1h below. Yes No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No 2. Project Information 2a. Name of project: South Charlotte Connector – Park Road to McMullen Creek 2b. County: Mecklenburg 2c. Nearest municipality / town: Charlotte 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: City of Charlotte and Right of Entry Agreements 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 2 of 13 PCN Form – Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: Agent Other, specify: Public Agency 4b. Name: Imad Fakhreddin 4c. Business name (if applicable): City of Charlotte, Engineering and Property Management 4d. Street address: 600 East Fourth Street 4e. City, state, zip: Charlotte, NC 28202 4f. Telephone no.: 704-336-7926 4g. Fax no.: 4h. Email address: ifakhreddin@charlottenc.gov 5. Agent/Consultant Information (if applicable) 5a. Name: Chris Tinklenberg, PWS 5b. Business name (if applicable): Kimley-Horn and Associates 5c. Street address: 200 South Tryon Street, Suite 200 5d. City, state, zip: Charlotte, NC 28202 5e. Telephone no.: 704-409-1802 5f. Fax no.: 5g. Email address: Chris.Tinklenberg@kimley-horn.com Page 3 of 13 PCN Form – Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): City of Charlotte and Right of Entry Agreements 1b. Site coordinates (in decimal degrees): Latitude: 35.072291 Longitude: - 80.870204 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: 3.5 acres (Project Boundary) 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: McMullen Creek 2b. Water Quality Classification of nearest receiving water: McMullen Creek - Class "C" 2c. River basin: Lower Catawba; HUC 03050103 Page 4 of 13 PCN Form – Version 1.3 December 10, 2008 Version 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: This project area is defined as South Charlotte Connector – Park Road to McMullen Creek located in the City of Charlotte, North Carolina (Figure 1) The North Carolina Division of Water Resources (NC DWR) classifies McMullen Creek as a Class C water. The site is located in the Catawba River Watershed (12-digit Hydrologic Unit 030501030102). The project area includes a maintained sanitary sewer easement throughout the entirety of the project area and is bound by I-485 on the east and a water treatment plant, including some undeveloped forested areas, to the west. Vegetation within and bordering the sanitary sewer easement consists of fescue (Festuca spp.), sweetgum (Liquidampar styraciflua), tulip poplar (Liriodendron tulipifera), Eastern cottonwood (Populus deltoides), sericea lespedeza (Lespedeza cuneata), broomsedge bluestem (Andropogon virginicus), Eastern redcedar (Juniperus virginiana), Russian olive (Elaeagnus angustifolia), wild onion (Allium canadense), and Bradford pear (Pyrus calleryana). Three jurisdictional stream channels (Streams A-C) are located within the project area. On-Site jurisdictional waters drain to and include McMullen Creek. Two jurisdictional wetlands (WA and WB) were identified within the project area. 3b. List the total estimated acreage of all existing wetlands on the property: 3.5 ac 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: The total length of all on-site streams is approximately 174 linear feet. 3d. Explain the purpose of the proposed project: The purpose of the project is to construct less than a mile of greenway. Page 5 of 13 PCN Form – Version 1.3 December 10, 2008 Version 3e. Describe the overall project in detail, including the type of equipment to be used: The purpose of this project is to create a trail connection from the Cross-Charlotte (XCLT) Trail/Little Sugar Creek Greenway to the 5.5-mile-long McMullen/McAlpine/Four Mile Creek Greenway system which crosses South Charlotte, thereby expanding the trails connected to XCLT by almost seven miles and connecting XCLT to thousands more users in South Charlotte. The SCC segment includes the construction of <1 mile of 12-foot wide greenway trail, including 5-foot wide shoulders, located from Park Road to McMullen Creek. To facilitate the trail and associated shoulders, the existing piped stream crossings at Streams 2 and 3 must be extended, therefore the existing ductile iron pipes will be removed and replaced with reinforced concrete pipes. The existing 15 linear feet of 18-inch ductile iron pipe at Stream 2 will be removed and replaced with 28 linear feet of 18-inch reinforced concrete pipe resulting in 13 linear feet of permanent impacts to potential non-wetland waters of the US. The existing 15 linear feet of 36-inch and 22 linear feet of 18-inch ductile iron pipes at Stream 3 will be removed and replaced with 32 linear feet of twin 24-inch reinforced concrete pipes resulting in 10 linear feet of permanent impacts to potential non-wetland waters of the US. Culvert replacements/extensions have been reduced to the maximum extent practicable by implementing taller headwalls and maximizing side slopes in order to minimize stream impacts, resulting in 23 linear feet of permanent impacts to potential non-wetland waters of the US. 40 linear feet of temporary impacts potential non-wetland waters of the US are necessary in order to install impervious dikes and a pumped diversion to allow for work in dry conditions. Due to the small diameter culvert replacements, the culverts will be buried no less than 10% of the culvert diameter in order to allow for aquatic passage of biotic resources. Top-down boardwalk construction will be implemented to the maximum extent practicable to avoid and minimize wetland impacts. A small landing will be constructed in order to transition to boardwalk which will result in 0.009-acre of permanent impacts to potential wetland waters of the US. 0.07-acre of temporary impacts to potential wetland waters of the US is necessary for crane access in order to construct the bridge crossing over McMullen Creek. Temporary impacts will occur within the proposed greenway footprint. Mud mats will be placed within wetlands in order to minimize soil disturbance. Following construction of the bridge, mud mats will be removed and top-down boardwalk will be constructed within the same footprint. Temporary impacts have been minimized to the greatest extent practicable in order to meet the needs of the project and do not pose adverse alterations to the existing channel bed. Sediment and Erosion control which is typical for these types of projects. A crane, a track hoes, and other earth moving equipment are anticipated to be used on this project. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: Yes No Unknown 4b. If the Corps made the jurisdictional determination, what type of determination was made? Preliminary Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? Yes No Unknown 5b. If yes, explain in detail according to “help file” instructions. Page 6 of 13 PCN Form – Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is this a phased project? Yes No 6b. If yes, explain. Page 7 of 13 PCN Form – Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): Wetlands Streams - tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number – Permanent (P) or Temporary (T) 2b. Type of impact 2c. Type of wetland (if known) 2d. Forested 2e. Type of jurisdiction (Corps - 404, 10 DWQ – non-404, other) 2f. Area of impact (acres) W1 – Impact 1 P T Greenway Construction Activities Bottomland Hardwood Forest Yes No Corps DWQ 0.009 W1 – Impact 2 P T Greenway Construction Activities Bottomland Hardwood Forest Yes No Corps DWQ 0.07 2g. Total wetland impacts 0.079 2h. Comments: Greenway construction has been reduced to the maximum extent practicable to minimize impacts resulting in 0.009 acres of permanent – no net loss of Potential Wetland WoUS. 0.07 acres of temporary – no net loss of Potential Wetland WoUS in order to construct the trail connector. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number - Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction (Corps - 404, 10 DWQ – non-404, other) 3f. Average stream width (feet) 3g. Impact length (linear feet) S2 – Impact 1 P T Culvert replacement/extensions, construction of greenway S2-UT to McMullen Creek PER INT Corps DWQ 2 13 S2 – Impact 2 P T Culvert replacement/extensions, construction of greenway S2-UT to McMullen Creek PER INT Corps DWQ 2 20 S3– Impact 3 P T Culvert replacement/extensions, construction of greenway S3-UT to McMullen Creek PER INT Corps DWQ 4 10 S3 – Impact 4 P T Culvert replacement/extensions, construction of greenway S3-UT to McMullen Creek PER INT Corps DWQ 4 20 3h. Total stream and tributary impacts 63 3i. Comments: Culvert replacements/extensions have been reduced to the maximum extent practicable to minimize impacts resulting in 23 linear feet of permanent impacts to potential non-wetland WoUS and 40 linear feet of temporary impacts to potential non-wetland WoUS in order to construct the trail connector. Page 8 of 13 PCN Form – Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number – Permanent (P) or Temporary (T) 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) O1 P T O2 P T O3 P T O4 P T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? Yes No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: Page 9 of 13 PCN Form – Version 1.3 December 10, 2008 Version 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? Neuse Tar-Pamlico Other: Catawba Randleman 6b. Buffer impact number – Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 P T Yes No B2 P T Yes No B3 P T Yes No 6h. Total buffer impacts 6i. Comments: D. Impact Justification and Mitigation 1.Avoidance and Minimization 1a.Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Avoidance and minimization efforts for the greenway include the avoidance of wetland impacts by constructing boardwalk over wetland areas to avoid net increases in base flood elevations. Culvert replacements/extensions have been reduced to the maximum extent practicable by implementing taller headwalls and maximizing side slopes in order to minimize stream impacts 1b.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Temporary impacts have been minimized to the greatest extent practicable in order to meet the needs of the project and do not pose adverse alterations to the existing channel bed. Erosion control measures and mud mats implemented during construction of the greenway will be removed immediately following the activity and any disturbance will be returned to preconstruction conditions. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2b. If yes, mitigation is required by (check all that apply): DWQ Corps 2c. If yes, which mitigation option will be used for this project? Mitigation bank Payment to in-lieu fee program Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: City of Charlotte Stream and Wetland Mitigation Bank 3b. Credits Purchased (attach receipt and letter)Type Stream Quantity 23 Page 10 of 13 PCN Form – Version 1.3 December 10, 2008 Version 3c. Comments: Headwaters of on-site streams, historically, were likely altered by the construction of the water treatment facility which has resulted in degradation and manipulation of channel morphology and hydrology. Clearing and maintenance of vegetation within the utility easement has also degraded the habitat potential and overall quality and function of on-site streams. 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: warm cool cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) – required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 11 of 13 PCN Form – Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No 1b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: Yes No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? <5% 2b. Does this project require a Stormwater Management Plan? Yes No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Linear projects are required to meet the City of Charlotte’s PCSO. The alignment of the South Charlotte Connector was based on an existing Greenway Masterplan and constrained by existing land development in existing parcels. The proposed greenway that will be impacting the PCSO buffers will include a bridge constructed perpendicular to Little Sugar Creek to avoid as much impact as possible. The project will impact 4,010 square feet of buffer and will pay to mitigate in the amount of $40,100. 2e. Who will be responsible for the review of the Stormwater Management Plan? Certified Local Government DWQ Stormwater Program DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government’s jurisdiction is this project? City of Charlotte 3b. Which of the following locally-implemented stormwater management programs apply (check all that apply): Phase II NSW USMP Water Supply Watershed Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? Yes No 4. DWQ Stormwater Program Review 4a. Which of the following state-implemented stormwater management programs apply (check all that apply): Coastal counties HQW ORW Session Law 2006-246 Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? Yes No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? Yes No 5b. Have all of the 401 Unit submittal requirements been met? Yes No Page 12 of 13 PCN Form – Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes No 1b. If you answered “yes” to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? Yes No 1c. If you answered “yes” to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: Yes No 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 2B .0200)? Yes No 2b. Is this an after-the-fact permit application? Yes No 2c. If you answered “yes” to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes No 3b. If you answered “yes” to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered “no,” provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. NA 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ❑ No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ® Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A data review was conducted using North Carolina Natural Heritage Program (NCNHP) Data Explorer on May 10, 2018, to determine the presence of any federally -listed, candidate endangered, threatened species, or critical habitat located within the project area. Based on the NCNHP review, there are no records of federally -protected species within the project limits or within a mile of the project site. A copy of the data review report is attached. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NCNHP element occurrence database did not indicate the presence of EFH within the project boundary. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? SHPO online GIS service was consulted on May 10, 2018, and found no sites of architectural, historic, or archaeological significance within the project corridor. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ® Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: A flood impact analysis report, no -rise impact certification, and individual floodplain development permit will be submitted to Mecklenburg County for review and approval prior to construction/restoration activities. The results of the flood impact analysis show that there is no net increase in base flood elevations. 8c. What source(s) did you use to make the floodplain determination? FEMA FIRM PANEL 4438 and 4448 Imad Fakhreddin, PE 8/2/2018 Applica t/ gent's Signature Applicant/Agent's Printed Name (Agent's signature is valid only if an authorization letter from the applicant Date is provided.) Page 13 of 13 PCN Form —Version 1.3 December 10, 2008 Version ± 0 800 1,600Feet Figure 1: VicinitySouth Charlotte Connector - Park Road to McMullen Creek Charlotte, Mecklenburg County, NCJuly 2018 Figure 1 0 5 10Miles Legend Project Boundary ± 0 1,000 2,000Feet Figure 2: USGS Topo (Weddington)South Charlotte Connector - Park Road to McMullen Creek Charlotte, Mecklenburg County, NCJuly 2018 Legend Project Boundary §¨¦485 §¨¦485 MO MO MO MO MO MO MO IrB WkB WkB WkD WkD WkBWkB IrA WkD WkDWkBWkB WkB WkD WkD WkD WkDWkD WkE WkD WkE W MkB Ur WkD MO MkB WkB IrB CeB2 WkB WkD WkE WkE IrB EnB WkD WkD Ur WkE WkDWkD MkB IrB MeB WkB WkD WkB WkB Moonridge DrKingfisher DrSunswept LnPark RdS u n d o w n L n V ista C a n y o n D rPark Vi sta CrkTr ai l Vi ew DrVintage LnDorman RdTreebark Dr Tradewinds Ln Camelback Crk Candlelight Ct Vista Haven Dr Lancaster H W Y Carolina Place PkwyPark Vista Crk± 0 700 1,400Feet Figure 3: SSURGO SoilsSouth Charlotte Connector - Park Road to McMullen Creek Charlotte, Mecklenburg County, NCJuly 2018 Le gend SSURGO Soils Hydric Rating Hydric (1 to 32%) Not Hydric (0%) §¨¦485 §¨¦485 Moonridge DrPark RdCandlelight Ct L o n e S t a r C r kRimrock Canyon DrVista Haven Dr Camelback CrkKingf i s her Dr Woodgate Ln ± 0 500 1,000Feet Figure 4: Preliminary JD Field SketchSouth Charlotte Connector - Park Road to McMullen CreekCharlotte, Mecklenburg County, NCJuly 2018 Legend Project Boundary Potential Non-W etland W oUS Potential Wetland W oUS Offsite Potential W etland W oUS !_Photo Point Location Data Point #0 Upland !.Wetland !_!_!_!_Stream 3UT to McMullen Creek Stream 2UT to McMullen Creek !.#0!_!_! _ !_!_!_Wetland 1 Stream 1McMullen Creek Wetland 2 0 100 200Feet 0 100 200Feet 5 & 6 3 & 4 2 1 7 9 10 12 8 11 §¨¦485 §¨¦485Par k RdMoonridge DrKi ngf i s her Dr Rimrock Canyon DrW o o d g a te L n Vista Haven Dr L o n e S t a r C r k Camelback Crk Candlelight Ct ± 0 500 1,000Feet Figure 5: Proposed ConditionsSouth Charlotte Connector - Park Road to McMullen Creek Charlotte, Mecklenburg County, NCJuly 2018 Le gend Project Boundary Potential Non-Wetland WoUS Potential Wetland WoUS See Figure 5a See Figure 5b ± 0 60 120Feet Figure 5a: Proposed ConditionsSouth Charlotte Connector - Park Road to McMullen CreekCharlotte, Mecklenburg County, NCJuly 2018 Le gend Project Boundary Proposed Edge of Pavement Proposed Culvert Existing Culvert Potential Non-Wetland WoUS S3-Permenant Im pact 3Culvert Replacement/ExtensionGreenway Construction Activities10 linear feet Existing 15 lf of 36-inch and 22 lfof 18-inch DIP will be rem oved andreplaced with 32 lf of twin 24-inch RCPs S2-Permena nt Im pact 1Culvert Re placement/ExtensionGreenway Con struction Activities13 linea r feet Existing 15 lf of 18 -inch DIP will beremoved a nd re placed with 28 lf of18-inch RCP S3- Temporary Im pact 4Culvert Replacement and ExtensionGreenway Construction Activivities20 linear feet S2-Tempora ry Im pact 2Culvert Re placement/ExtensionGreenway Con struction Activities20 linear feet ± 0 60 120Feet Figure 5b: Proposed ConditionsSouth Charlotte Connector - Park Road to McMullen CreekCharlotte, Mecklenburg County, NCJuly 2018 Le gend Project Boundary Proposed Edge of Pavement Potential Non-Wetland WoUS Potential Wetland WoUS Offsite Potential Wetland WoUS Wetland 2 W1- Temporary Im pact 2 Greenway Construction Activivities0.07 acres W1- Permanent Im pact 1Greenway Construction Activivities0.009 acres Project/Site: Sampling Date: Applicant/Owner:State:Sampling Point: Investigator(s): Landform (hillside, terrace, etc.): Subregion (LRR or MLRA): Lat: Long: Soil Map Unit Name: X Are Vegetation , Soil , or Hydrology Yes X Are Vegetation , Soil , or Hydrology SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc. X No X No X X No X X X X X X X Yes X Yes X Yes X X Local relief (concave, convex, none): Surface Water Present? Yes NoAre climatic / hydrologic conditions on the site typical for this time of year? (If no, explain in Remarks.) significantly disturbed? naturally problematic? Are “Normal Circumstances” present? (If needed, explain any answers in Remarks.) Remarks: Field Observations: True Aquatic Plants (B14) Hydrogen Sulfide Odor (C1) Oxidized Rhizospheres on Living Roots (C3) Presence of Reduced Iron (C4) Recent Iron Reduction in Tilled Soils (C6) Thin Muck Surface (C7) Other (Explain in Remarks) Iron Deposits (B5) City/County:South Charlotte Connector Charlotte / Mecklenburg W1/W2-Wet 3/3/2016 City of Charlotte NC WETLAND DETERMINATION DATA SHEET – Eastern Mountains and Piedmont Region No Section, Township, Range:Chris Tinklenberg, Kimley Horn <1%concavedepression Datum: NAD83-80.86680935.068892LRR P, MLRA 136 NANWI classification:Monacan loam Slope (%): Remarks: Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: 2 0 Depth (inches): Depth (inches): Depth (inches): No Saturation Present? (includes capillary fringe) Standing water about 3' from sample point, soils are saturated, debris line and water stained leaves present. NoYes Is the Sampled Area Wetland 1 & 2 are bottomland hardwood forest wetlands located within the geomorphic flooplain of McMullen Creek. Hydrology is likely permanently saturated to semi-permanently inundated throughout the wetland areas. Overbank flooding as well as a number of stormwater outfalls are the primary influences of hydrology. Hydrophytic vegetation typical of a bottomland hardwood forest and hyrdric soils are present, therefore the sampled area is within a wetland. HYDROLOGY Yes Yes Yes Hydric Soil Present? Hydrophytic Vegetation Present? Wetland Hydrology Present? Nowithin a Wetland? Yes No No Water Table Present? Geomorphic Position (D2) Shallow Aquitard (D3) Microtopographic Relief (D4) FAC-Neutral Test (D5) Inundation Visible on Aerial Imagery (B7) Water-Stained Leaves (B9) Aquatic Fauna (B13) Algal Mat or Crust (B4) Wetland Hydrology Present? Stunted or Stressed Plants (D1) Surface Water (A1) High Water Table (A2) Saturation (A3) Water Marks (B1) Sediment Deposits (B2) Drift Deposits (B3) Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply) Surface Soil Cracks (B6) Sparsely Vegetated Concave Surface (B8) Drainage Patterns (B10) Moss Trim Lines (B16) Dry-Season Water Table (C2) Crayfish Burrows (C8) Saturation Visible on Aerial Imagery (C9) Secondary Indicators (minimum of two required) US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 Sampling Point: (Plot size: 1. 2. 3. 4. 5. 6. (A/B) 7. 50% of total cover: 20% of total cover: x 1 = Sapling/Shrub Stratum (Plot size: x 2 = 1. x 3 = 2. x 4 = 3. x 5 = 4.Column Totals:(B) 5. 6. 7. 8. X 9. X 4 - Morphological Adaptations1 (Provide supporting 50% of total cover: 20% of total cover: Herb Stratum (Plot size: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 50% of total cover: 20% of total cover: Woody Vine Stratum (Plot size: 1. 2. 3. 4. 5. 50% of total cover: 20% of total cover:Yes X 3 - Prevalence Index is ≤3.01 data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) No W1/W2-Wet 5 5 FACU species UPL species Hydrophytic Vegetation Indicators: 0 198 0 75 Total Number of Dominant Species Across All Strata: Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: FAC OBL species FACW species FAC species Sapling/Shrub – Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Tree – Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. 1Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Absolute % Cover 100.0% Percent of Dominant Species That Are OBL, FACW, or FAC: 17 Acer negundo Liquidambar styraciflua Tree Stratum ) =Total Cover Liquidambar styraciflua Acer rubrum Ulmus americana Salix nigra 30 ) 44 Indicator Status 20 15 No Dominant Species? Yes 5 2 No No 2 10 Salix nigra Viola cucullata 2Carex sp.FACW Stenotaphrum secundatum 10 15 Definitions of Four Vegetation Strata: Woody Vine – All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? =Total Cover Herb – All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.28 ft tall. 30 ) N/A 14 3 49 7 Prevalence Index worksheet: FACW Total % Cover of: 57 0 (A) (B) (A) No 171 9 0 Multiply by: 18 2.64Prevalence Index = B/A = 9 FAC Yes OBL 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >50% VEGETATION (Four Strata)– Use scientific names of plants. 22 9 5 9 4 No OBL Yes Yes FAC FAC Remarks: (Include photo numbers here or on a separate sheet.) Sparse ground cover dominated by St. Augustine grass )5 =Total Cover FAC FACW Yes =Total Cover US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 X X Depth (inches): X Dark Surface (S7) unless disturbed or problematic.Red Parent Material (F21) (MLRA 127, 147, 148) No Hydric Soil Indicators: Polyvalue Below Surface (S8) (MLRA 147, 148) Thin Dark Surface (S9) (MLRA 147, 148) Loamy Gleyed Matrix (F2) Redox Dark Surface (F6) Redox Depressions (F8) Loamy Mucky Mineral (F1) (MLRA 136) Depleted Matrix (F3) Depleted Dark Surface (F7) 2 cm Muck (A10) (MLRA 147) Coast Prairie Redox (A16) Indicators for Problematic Hydric Soils3: (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) Very Shallow Dark Surface (F22) Red Parent Material (F21) (outside MLRA 127, 147, 148) 2 cm Muck (A10) (LRR N) Depleted Below Dark Surface (A11) Thick Dark Surface (A12) Sandy Mucky Mineral (S1) Sandy Redox (S5) Stripped Matrix (S6) Iron-Manganese Masses (F12) (LRR N,Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, Umbric Surface (F13) (MLRA 122, 136) Piedmont Floodplain Soils (F19) (MLRA 148) Sandy Gleyed Matrix (S4)MLRA 136) % M20 Prominent redox concentrations Texture Prominent redox concentrations 5 M W1/W2-WetSOIL Type1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Redox FeaturesDepth (inches) Color (moist) Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.2Location: PL=Pore Lining, M=Matrix. % Matrix C7.5YR 6/2 5YR 4/1 5YR 5/8 5YR 5/84-18 0-4 Loc2 80 Loamy/Clayey Loamy/Clayey 95 C Color (moist) Sampling Point: Yes Restrictive Layer (if observed): Remarks: Darker upper service, mottling thoughout, fully saturated. Presence of high water table. Hydric Soil Present? Type: Histosol (A1) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 Project/Site: Sampling Date: Applicant/Owner:State:Sampling Point: Investigator(s): Landform (hillside, terrace, etc.): Subregion (LRR or MLRA): Lat: Long: Soil Map Unit Name: X Are Vegetation , Soil , or Hydrology Yes X Are Vegetation , Soil , or Hydrology SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc. No X No X X No X Yes X Yes X Yes X X Surface Water (A1) High Water Table (A2) Saturation (A3) Water Marks (B1) Sediment Deposits (B2) Drift Deposits (B3) Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply) Surface Soil Cracks (B6) Sparsely Vegetated Concave Surface (B8) Drainage Patterns (B10) Moss Trim Lines (B16) Dry-Season Water Table (C2) Crayfish Burrows (C8) Saturation Visible on Aerial Imagery (C9) Secondary Indicators (minimum of two required) Geomorphic Position (D2) Shallow Aquitard (D3) Microtopographic Relief (D4) FAC-Neutral Test (D5) Inundation Visible on Aerial Imagery (B7) Water-Stained Leaves (B9) Aquatic Fauna (B13) Algal Mat or Crust (B4) Wetland Hydrology Present? Stunted or Stressed Plants (D1) Indicators and field observations of hydrology are not present NoYes Is the Sampled Area The upland sampling point is located within the alluvial areas immediately adjacent to McMullen Creek and approximately 1'-2' higher in elevation than the wetland sampling location. A shift in dominant canopy species from sweet gum and red maple to tulip poplar and American beech is evident. Evidence of hydrology and hydric soils are absent, therefore the sampled area is upland. HYDROLOGY Yes Yes Yes Hydric Soil Present? Hydrophytic Vegetation Present? Wetland Hydrology Present? Nowithin a Wetland? Yes No No Water Table Present? Remarks: Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Depth (inches): Depth (inches): Depth (inches): No Saturation Present? (includes capillary fringe) City/County:South Charlotte Connector Charlotte / Mecklenburg W1/W2-Up 3/3/2016 City of Charlotte NC WETLAND DETERMINATION DATA SHEET – Eastern Mountains and Piedmont Region No Section, Township, Range:Chris Tinklenberg, Kimley Horn 2%convexhillside Datum: NAD83-80.86680935.068951LRR P, MLRA 136 NANWI classification:Monacan loam Slope (%):Local relief (concave, convex, none): Surface Water Present? Yes NoAre climatic / hydrologic conditions on the site typical for this time of year? (If no, explain in Remarks.) significantly disturbed? naturally problematic? Are “Normal Circumstances” present? (If needed, explain any answers in Remarks.) Remarks: Field Observations: True Aquatic Plants (B14) Hydrogen Sulfide Odor (C1) Oxidized Rhizospheres on Living Roots (C3) Presence of Reduced Iron (C4) Recent Iron Reduction in Tilled Soils (C6) Thin Muck Surface (C7) Other (Explain in Remarks) Iron Deposits (B5) US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 Sampling Point: (Plot size: 1. 2. 3. 4. 5. 6. (A/B) 7. 50% of total cover: 20% of total cover: x 1 = Sapling/Shrub Stratum (Plot size: x 2 = 1. x 3 = 2. x 4 = 3. x 5 = 4.Column Totals:(B) 5. 6. 7. 8. 9. 4 - Morphological Adaptations1 (Provide supporting 50% of total cover: 20% of total cover: Herb Stratum (Plot size: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 50% of total cover: 20% of total cover: Woody Vine Stratum (Plot size: 1. 2. 3. 4. 5. 50% of total cover: 20% of total cover:Yes X =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) Sparse ground covering, St. Augustine Grass, mostly Yellow Poplars and American Beech. )5 =Total Cover FACYes 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >50% VEGETATION (Four Strata)– Use scientific names of plants. 20 8 5 0 Yes Yes FACU FACU 90 0 140 Multiply by: 0 3.54Prevalence Index = B/A = 0 Prevalence Index worksheet: FAC Total % Cover of: 30 35 (A) (B) (A) 513 15 Definitions of Four Vegetation Strata: Woody Vine – All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? =Total Cover Herb – All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.28 ft tall. 30 ) N/A 25 Stenotaphrum secundatum 25 N/A Tree Stratum ) =Total Cover Liriodendron tulipifera Fagus grandifolia Liquidambar styraciflua 30 ) 40 Indicator Status 25 10 No Dominant Species? OBL species FACW species FAC species Sapling/Shrub – Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Tree – Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. 1Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Absolute % Cover 33.3% Percent of Dominant Species That Are OBL, FACW, or FAC: 3 - Prevalence Index is ≤3.01 data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) No W1/W2-Up 1 3 FACU species UPL species Hydrophytic Vegetation Indicators: 0 230 0 65 Total Number of Dominant Species Across All Strata: Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 Depth (inches): X Sampling Point: Yes Restrictive Layer (if observed): Remarks: Monochromatic; redoxomorphic features were not observed Hydric Soil Present? Type: Histosol (A1) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) Loc2 Loamy/Clayey100 Color (moist) Matrix 5YR 4/30-20 W1/W2-UpSOIL Type1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Redox FeaturesDepth (inches) Color (moist) Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.2Location: PL=Pore Lining, M=Matrix. % % Texture Depleted Below Dark Surface (A11) Thick Dark Surface (A12) Sandy Mucky Mineral (S1) Sandy Redox (S5) Stripped Matrix (S6) Iron-Manganese Masses (F12) (LRR N,Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, Umbric Surface (F13) (MLRA 122, 136) Piedmont Floodplain Soils (F19) (MLRA 148) Sandy Gleyed Matrix (S4)MLRA 136) Dark Surface (S7) unless disturbed or problematic.Red Parent Material (F21) (MLRA 127, 147, 148) No Hydric Soil Indicators: Polyvalue Below Surface (S8) (MLRA 147, 148) Thin Dark Surface (S9) (MLRA 147, 148) Loamy Gleyed Matrix (F2) Redox Dark Surface (F6) Redox Depressions (F8) Loamy Mucky Mineral (F1) (MLRA 136) Depleted Matrix (F3) Depleted Dark Surface (F7) 2 cm Muck (A10) (MLRA 147) Coast Prairie Redox (A16) Indicators for Problematic Hydric Soils3: (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) Very Shallow Dark Surface (F22) Red Parent Material (F21) (outside MLRA 127, 147, 148) 2 cm Muck (A10) (LRR N) US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 Date: Project/Site: Latitude: Evaluator: County: Longitude: Total Points:46 Stream is at least intermittent if ≥ 19 or perennial if ≥ 30 A. Geomorphology Subtotal = Absent Weak Strong Score 0 1 3 3 0 1 3 3 0 1 3 3 0 1 3 2 0 1 3 3 0 1 3 2 0 1 3 3 0 1 3 2 0 0.5 1.5 1.5 0 0.5 1.5 1.5 3 a artificial ditches are not rated; see discussions in manual B. Hydrology Subtotal = 12 0 1 3 3 0 1 3 2 1.5 1 0 1.5 0 0.5 1.5 1 0 0.5 1.5 1.5 3 C. Biology Subtotal = 7 3 2 0 3 3 2 0 3 0 1 3 0 0 1 3 0 0 0.5 1.5 1 0 0.5 1.5 0 0 0.5 1.5 0 0 0.5 1.5 0 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: 1a. Continuity of channel bed and bank 2 North Carolina Division of Water Quality - Stream Identification Form, Version 4.11 3/3/2016 SCC - Stream S1 (McMullen Creek)35.069036 Chris Tinklenberg Mecklenburg -80.867370 Stream Determination (circle one) Ephemeral Intermittent Perennial Other e.g. Quad Name:Weddington 27 Moderate 2. Sinuosity of channel along thalweg 2 3. In-channel structure: ex. riffle-pool, step-pool, ripple- pool sequence 2 4. Particle size of stream substrate 2 5. Active/relic floodplain 2 6. Depositional bars or benches 2 7. Recent alluvial deposits 2 13. Iron oxidizing bacteria 2 8. Headcuts 2 9. Grade control 1 10. Natural valley 1 11. Second or greater order channel No = 0 Yes = 3 12. Presence of Baseflow 2 19. Rooted upland plants in streambed 1 14. Leaf litter 0.5 15. Sediment on plants or debris 1 16. Organic debris lines or piles 1 17. Soil-based evidence of high water table?No = 0 Yes = 3 18. Fibrous roots in streambed 1 20. Macrobenthos (note diversity and abundance)2 21. Aquatic Mollusks 2 22. Fish 1 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5; Other = 0 23. Crayfish 1 24. Amphibians 1 25. Algae 1 Date: Project/Site: Latitude: Evaluator: County: Longitude: Total Points:25 Stream is at least intermittent if ≥ 19 or perennial if ≥ 30 A. Geomorphology Subtotal = Absent Weak Strong Score 0 1 3 2 0 1 3 1 0 1 3 2 0 1 3 1 0 1 3 1 0 1 3 1 0 1 3 1 0 1 3 0 0 0.5 1.5 0.5 0 0.5 1.5 1 0 a artificial ditches are not rated; see discussions in manual B. Hydrology Subtotal = 8.5 0 1 3 2 0 1 3 1 1.5 1 0 0.5 0 0.5 1.5 1 0 0.5 1.5 1 3 C. Biology Subtotal = 6 3 2 0 3 3 2 0 3 0 1 3 0 0 1 3 0 0 0.5 1.5 0 0 0.5 1.5 0 0 0.5 1.5 0 0 0.5 1.5 0 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5; Other = 0 23. Crayfish 1 24. Amphibians 1 25. Algae 1 20. Macrobenthos (note diversity and abundance)2 21. Aquatic Mollusks 2 22. Fish 1 19. Rooted upland plants in streambed 1 14. Leaf litter 0.5 15. Sediment on plants or debris 1 16. Organic debris lines or piles 1 17. Soil-based evidence of high water table?No = 0 Yes = 3 18. Fibrous roots in streambed 1 13. Iron oxidizing bacteria 2 8. Headcuts 2 9. Grade control 1 10. Natural valley 1 11. Second or greater order channel No = 0 Yes = 3 12. Presence of Baseflow 2 5. Active/relic floodplain 2 6. Depositional bars or benches 2 7. Recent alluvial deposits 2 2. Sinuosity of channel along thalweg 2 3. In-channel structure: ex. riffle-pool, step-pool, ripple- pool sequence 2 4. Particle size of stream substrate 2 1a. Continuity of channel bed and bank 2 North Carolina Division of Water Quality - Stream Identification Form, Version 4.11 3/3/2016 SCC - Stream S2 35.074059 Chris Tinklenberg Mecklenburg -80.878879 Stream Determination (circle one) Ephemeral Intermittent Perennial Other e.g. Quad Name:Weddington 10.5 Moderate Date: Project/Site: Latitude: Evaluator: County: Longitude: Total Points:33 Stream is at least intermittent if ≥ 19 or perennial if ≥ 30 A. Geomorphology Subtotal = Absent Weak Strong Score 0 1 3 3 0 1 3 2 0 1 3 2 0 1 3 2 0 1 3 2 0 1 3 2 0 1 3 2 0 1 3 0 0 0.5 1.5 0.5 0 0.5 1.5 1 0 a artificial ditches are not rated; see discussions in manual B. Hydrology Subtotal = 10.5 0 1 3 3 0 1 3 1 1.5 1 0 1 0 0.5 1.5 1 0 0.5 1.5 1.5 3 C. Biology Subtotal = 6 3 2 0 3 3 2 0 3 0 1 3 0 0 1 3 0 0 0.5 1.5 0 0 0.5 1.5 0 0 0.5 1.5 0 0 0.5 1.5 0 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: 1a. Continuity of channel bed and bank 2 North Carolina Division of Water Quality - Stream Identification Form, Version 4.11 3/3/2016 SCC - Stream S3 35.072896 Chris Tinklenberg Mecklenburg -80.870545 Stream Determination (circle one) Ephemeral Intermittent Perennial Other e.g. Quad Name:Weddington 16.5 Moderate 2. Sinuosity of channel along thalweg 2 3. In-channel structure: ex. riffle-pool, step-pool, ripple- pool sequence 2 4. Particle size of stream substrate 2 5. Active/relic floodplain 2 6. Depositional bars or benches 2 7. Recent alluvial deposits 2 13. Iron oxidizing bacteria 2 8. Headcuts 2 9. Grade control 1 10. Natural valley 1 11. Second or greater order channel No = 0 Yes = 3 12. Presence of Baseflow 2 19. Rooted upland plants in streambed 1 14. Leaf litter 0.5 15. Sediment on plants or debris 1 16. Organic debris lines or piles 1 17. Soil-based evidence of high water table?No = 0 Yes = 3 18. Fibrous roots in streambed 1 20. Macrobenthos (note diversity and abundance)2 21. Aquatic Mollusks 2 22. Fish 1 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5; Other = 0 23. Crayfish 1 24. Amphibians 1 25. Algae 1 Photo Page 1 Photo 1: Stream 1 (S1) – McMullen Creek facing downstream near the project boundary Photo 2: Stream 1 (S1) – McMullen Creek facing upstream, facing upstream towards I-485, off of project boundary Title Photo Pages Prepared For Project South Charlotte Connector – Park Road to McMullen Creek Charlotte, Mecklenburg County, North Carolina Prepared By Date Project Number 5/18/18 015016166 Photo Page 2 Photo 3: Stream 2 (S2)- Intermittent stream facing upstream. Photo 4: Stream 2 (S2)- Intermittent stream facing downstream toward crossing. Title Photo Pages Prepared For Project South Charlotte Connector – Park Road to McMullen Creek Charlotte, Mecklenburg County, North Carolina Prepared By Date Project Number 5/18/18 015016166 Photo Page 3 Photo 5: Stream 3 (S3)- Perennial stream facing upstream towards edge of project boundary. Photo 6: Stream 3 (S3)- Perennial stream facing downstream, towards 36-inch culvert and existing crossing. Title Photo Pages Prepared For Project South Charlotte Connector – Park Road to McMullen Creek Charlotte, Mecklenburg County, North Carolina Prepared By Date Project Number 5/18/18 015016166 Photo Page 4 Photo 7: Wetland 2 (W2) and representative community at sampling point W1/W2-Wet. Photo 8: Representative soil profile at sampling point W1/W2-Wet. Title Photo Pages Prepared For Project South Charlotte Connector – Park Road to McMullen Creek Charlotte, Mecklenburg County, North Carolina Prepared By Date Project Number 5/18/18 015016166 Photo Page 5 Photo 9: Representative view of wetland/upland boundary along Wetland 1 (W1). Notice alluvial deposition and absence of surface hydrology on right side of photo. Photo 10: Wetland 1 (W1) facing west towards the water treatment plant. Title Photo Pages Prepared For Project South Charlotte Connector – Park Road to McMullen Creek Charlotte, Mecklenburg County, North Carolina Prepared By Date Project Number 5/18/18 015016166 Photo Page 6 Photo 11: Representative vegetation community at sampling point W1/W2-Up. Photo 12: Representative soil profile from upland data point. Title Photo Pages Prepared For Project South Charlotte Connector – Park Road to McMullen Creek Charlotte, Mecklenburg County, North Carolina Prepared By Date Project Number 5/18/18 015016166 Jurisdictional Determination Request Version: May 2017 Page 1 This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/Contact/CountyLocator.aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE& CHARLOTTE REGULATORY FIELDOFFICES US ArmyCorps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina28801-5006 GeneralNumber: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGHREGULATORYFIELDOFFICE US ArmyCorps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina27587 GeneralNumber: (919) 554-4884 Fax Number: (919) 562-0421 WASHINGTONREGULATORYFIELDOFFICE US ArmyCorps of Engineers 2407 West Fifth Street Washington, North Carolina27889 GeneralNumber: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTONREGULATORYFIELDOFFICE US ArmyCorps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 GeneralNumber:910-251-4633 Fax Number: (910) 251-4025 INSTRUCTIONS: All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D – PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version:May 2017 Page 2 A.PARCELINFORMATION Street Address: _______________________________________________ City, State: _______________________________________________ County: Parcel Index Number(s) (PIN): B.REQUESTORINFORMATION Name: Mailing Address: _________________________________________ Telephone Number: _________________________________________ Electronic Mail Address: ________________________________________ Select one: I am the current property owner. I am an Authorized Agent or Environmental Consultant1 Interested Buyer or Under Contract to Purchase Other, please explain. ________________________________________ __________________________________________________________ C.PROPERTY OWNER INFORMATION2 Name: Mailing Address: Telephone Number: Electronic Mail Address: _______________________________________________________________________________________________________________________ 1 Mustprovidecompleted Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). South Charlotte Connector - Park Road to McMullen Creek Charlotte, NC Mecklenburg City of Charlotte and Right of Entry Agreement Imad Fakhreddin City of Charlotte, 600 East Fourth Street Charlotte, NC 28202 704-634-9650 ifakhreddin@charlottenc.gov Imad Fakhreddin City of Charlotte, 600 East Fourth Street Charlotte, NC 28202 704-634-9650 ifakhreddin@charlottenc.gov Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION',4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on- site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Print Name Capacity: ❑ Owner ❑ Authorized Agents Z 1,mac Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. �1' I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. F1 I intend to construct/develop a projector perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. H A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. I believe that the site may be comprised entirely of dry land. Other: s For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. 4 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request Version: May 2017 Page 4 F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be “waters of the United States” or “navigable waters of the United States”on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional “waters of the United States”. PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is “preliminary” in the sense that an approved JD can be requested at any time. PJDs do not expire. I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional “waters of the United States” or “navigable waters of the United States” are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other “affected party” (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. Size of Property or Review Area acres. The property boundary (or review area boundary) is clearly physically marked on the site. 3.5 ✔ ✔ ✔ Jurisdictional Determination Request Version: May 2017 Page 5 H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: ______________________ Longitude: ______________________ A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 11x17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 ƒNorth Arrow ƒGraphical Scale ƒBoundary of Review Area ƒDate ƒLocation of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ƒJurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ƒJurisdictional non-wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non-Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ƒIsolated waters, waters that lack a significant nexus to navigable waters, or non- jurisdictional upland features should be identified as Non-Jurisdictional. Please include a justification in the label regarding why the feature is non-jurisdictional (i.e. “Isolated”, “No Significant Nexus”, or “Upland Feature”). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: ƒWetland and non-wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non-wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) ____________________________________________________________________________ 6 Please refer to the guidance document titled “Survey Standards for Jurisdictional Determinations” to ensure that the supplied map meets the necessary mapping standards.http://www.saw.usace.army.mil/Missions/Regulatory-Permit- Program/Jurisdiction/ 35.068877 -80.867457 ✔ ✔ ✔ Jurisdictional Determination Request Version: May 2017 Page 6 Completed appropriate Jurisdictional Determination form x PJDs,please complete a Preliminary Jurisdictional Determination Form7 and include the Aquatic Resource Table x AJDs, please complete an Approved Jurisdictional Determination Form8 Vicinity Map Aerial Photograph USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms Other Assessment Forms _____________________________________________________________________________ 7 www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/JD/RGL_08-02_App_A_Prelim_JD_Form_fillable.pdf 8 Please see http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Jurisdiction/ Principal Purpose:The information thatyouprovide will beusedinevaluating your requestto determine whether thereareany aquatic resources within the project areasubjecttofederaljurisdictionunder the regulatory authorities referencedabove. RoutineUses:Thisinformation maybeshared with the Departmentof Justice andotherfederal, state,and local government agencies, and the public,andmaybe made available aspartof a public notice as required byfederal law. Your nameandproperty location wherefederal jurisdiction is to bedetermined will beincluded in the approved jurisdictional determination (AJD),which will bemade available tothe public on the District's website andontheHeadquartersUSAGEwebsite. Disclosure:Submission ofrequested information is voluntary; however, ifinformation is notprovided, the requestforanAJDcannot beevaluatednorcananAJD be issued. ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A.REPORT COMPLETION DATE FOR PJD: B.NAME AND ADDRESS OF PERSON REQUESTING PJD: C.DISTRICT OFFICE, FILE NAME, AND NUMBER: D.PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: County/parish/borough:City: Center coordinates of site (lat/long in degree decimal format): Lat.:Long.: Universal Transverse Mercator: Name of nearest waterbody: E.REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH “MAY BE”SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non-wetland waters) Geographic authority to which the aquatic resource “may be” subject (i.e., Section 404 or Section 10/404) Stream 1 35.069039 -80.867364 18 lf non-section 10 -- non-wetland waters Section 404 Stream 2 35.072897 -80.870540 65 lf non-section 10 -- non-wetland waters Section 404 Stream 3 35.074064 -80.871457 70 lf non-section 10 -- non-wetland waters Section 404 Wetland 1 35.069404 -80.867730 0.13 wetland waters Section 404 Wetland 2 35.068665 -80.866746 0.03 wetland waters Section 404 Imad Fakhreddin, City of Charlotte, 600 East Fourth Street Charlotte, NC 28202 NC Mecklenburg Charlotte 35.068877 -80.867457 17 McMullen Creek 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring “pre- construction notification” (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant’s acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit)or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there “may be” waters of the U.S. and/or that there “may be”navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: ________________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB. Data sheets prepared/submitted by or on behalf of the PJD requestor. Office concurs with data sheets/delineation report. Office does not concur with data sheets/delineation report. Rationale: _______BBBBBBBBBBBB. Data sheets prepared by the Corps: ________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB. Corps navigable waters’ study: ____________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB. U.S. Geological Survey Hydrologic Atlas: ________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB. USGS NHD data. USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: _________BBBBBBBBBBBBBBBBBBBBBB. Natural Resources Conservation Service Soil Survey. Citation: __________BBBBBBBBBBBBBBBBB. National wetlands inventory map(s). Cite name: ________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBB. State/local wetland inventory map(s): ____________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB. FEMA/FIRM maps: ________________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB. 100-year Floodplain Elevation is: ____BBBBBBBBBBBB.(National Geodetic Vertical Datum of 1929) Photographs: Aerial (Name & Date): ______BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB. or Other (Name & Date): ______BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB. Previous determination(s). File no. and date of response letter: __________BBBBBBBBBBBBBBBB. Other information (please specify): ______________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB. IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Signature and date of Regulatory staff member person requesting PJD completing PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. 1:24K - Weddington Meck. Co. SSURGO Soils NWI digital data 2017 Meck. County Aerial Site Photographs- March 3, 2016 NCNHDE-6002 May 10, 2018 Addie Lasitter Kimley-Horn 200 South Tryon St. Charlotte, NC 28202 RE: SCC Dear Addie Lasitter: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, or conservation/managed areas within the proposed project boundary. These results are presented in the attached ‘Documented Occurrences’ tables and map. If a Federally-listed species is documented within the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance (https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37). The attached ‘Potential Occurrences’ table summarizes rare species and natural communities that have been documented within a one-mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile radius of the project area, if any, are also included in this report If a Federally-listed species is documented in the “Potential Occurrences” the NCNHP recommends contacting the USFWS for guidance (https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37). Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve (DNP), Registered Heritage Area (RHA), Clean Water Management Trust Fund (CWMTF) easement, or an occurrence of a Federally-listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area SCC May 10, 2018 NCNHDE-6002 No Element Occurrences are Documented within the Project Area There are no documented element occurrences (of medium to very high accuracy) that intersect with the project area. Please note, however, that although the NCNHP database does not show records for rare species within the project area, it does not necessarily mean that they are not present; it may simply mean that the area has not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field surveys if needed, particularly if the project area contains suitable habitat for rare species. If rare species are found, the NCNHP would appreciate receiving this information so that we may update our database. No Natural Areas are Documented within the Project Area Managed Areas Documented Within Project Area* Managed Area Name Owner Owner Type Mecklenburg County Open Space Mecklenburg County Local Government *NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve (DNP), Registered Natural Heritage Area (RHA), or Federally-listed species, NCNHP staff may provide additional correspondence regarding the project. Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on May 10, 2018; source: NCNHP, Q2 April 2018. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 4 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area SCC May 10, 2018 NCNHDE-6002 Element Occurrences Documented Within a One-mile Radius of the Project Area Taxonomic Group EO ID Scientific Name Common Name Last Observation Date Element Occurrence Rank Accuracy Federal Status State Status Global Rank State Rank Animal Assemblage 23856 Waterbird Colony ---2004 D 3-Medium ------GNR S3 Vascular Plant 7775 Acmispon helleri Carolina Birdfoot-trefoil 1994-06-03 X?3-Medium ---Special Concern Vulnerable G5T3 S3 Vascular Plant 3575 Acmispon helleri Carolina Birdfoot-trefoil 1993-09-14 C 2-High ---Special Concern Vulnerable G5T3 S3 Vascular Plant 13743 Delphinium exaltatum Tall Larkspur 1800s Hi?5-Very Low ---Endangered G3 S2 No Natural Areas are Documented Within a One-mile Radius of the Project Area Managed Areas Documented Within a One-mile Radius of the Project Area Managed Area Name Owner Owner Type NC Department of Transportation Mitigation Site NC Department of Transportation State Mecklenburg County Open Space Mecklenburg County Local Government Catawba Lands Conservancy Preserve Catawba Lands Conservancy Private Polk Memorial State Historic Site NC DNCR, Division of State Historic Sites and Properties State Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on May 10, 2018; source: NCNHP, Q2 April 2018. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 3 of 4 Powered by TCPDF (www.tcpdf.org) Page 4 of 4 SCC-Park to McMullen Creek City of Charlotte, State of North Carolina DOT, Esri, HERE, Garmin,INCREMENT P, NGA, USGS NR Points NR Individual Listing NR Listing, Gone NRHD Center Point NR Boundaries National Register Boundary Boundary of Destroyed/Removed NR Listing SL Points SL Individual Entry SL and DOE entry May 10, 2018 0 0.2 0.40.1 mi 0 0.35 0.70.17 km 1:12,945 6 0 0 E . Fo u r t h S t re e t C h a r l o t te , N C 2 8 2 0 2 F a x 7 0 4 . 3 5 3. 0 4 7 3 T o re po r t po l l u t io n o r d r a ina g e p r o b le ms , ca l l : 3 1 1 h t t p : / / s t o r mwa t e r.ch a r mec k. o r g May 21, 2018 Mr. Imad Fakhreddin City of Charlotte 600 East Fourth Street Charlotte, NC 28202 Subject Project: Cross-Charlotte Trail: South Charlotte Connector HUC#: 03050103 (Lower Catawba) The purpose of this letter is to notify you that the City of Charlotte Umbrella Stream and Wetland Mitigation Bank (“Umbrella Bank”) is willing to accept payment for stream impacts associated with the subject project. Please note that the decision by the Umbrella Bank to accept the mitigation requirements of this project does not assure that this payment will be approved by the U.S. Army Corps of Engineers or the North Carolina Division of Water Quality 401/Wetlands Unit. It is the responsibility of the applicant to contact these agencies to determine if payment to the Umbrella Bank for impacts associated with this project is appropriate. This acceptance is valid for six (6) months from the date of this letter.The following documents must be submitted to the Umbrella Bank within this time frame for this acceptance to remain valid: 1. 404 Permit Verification 2. 401 Water Quality Certification 3. Executed Departmental Transfer of Funds between Engineering Services and Storm Water Services detailing the use of and payment for the credits described in the table below. Based on the information supplied by your office, the stream and wetland credits that are necessary to satisfy the compensatory mitigation requirements for this project are detailed in the table below. The total mitigation credits available for this project are also indicated in this table. Stream (linear feet) Wetlands (acres) Credits Requested for This Project 31 0.0 Credits Available for This Project 31 0.0 Mitigation Project Name(s)Sedgefield Park- Dairy Branch The stream and wetland mitigation will be provided as specified in the Section 404 Permit or corresponding 401 Water Quality Certification for impacts associated with the subject project in Hydrologic Unit 03050103 of the Catawba River Basin. The mitigation will be performed in accordance with the Agreement to Establish the City of Charlotte Umbrella Stream and Wetland Mitigation Bank in Mecklenburg County, North Carolina, dated June, 16, 2004. If you have any questions or need additional information, please contact me at (704) 336-4495 or ihinson@charlottenc.gov. Sincerely, Charlotte Storm Water Services Isaac J. Hinson Mitigation Bank Administrator cc: File Isaac Hinson Digitally signed by Isaac Hinson DN: cn=Isaac Hinson, o=City of Charlotte, ou=Storm Water Services Division, email=ihinson@charlottnc.gov, c=US Date: 2018.05.22 11:41:26 -04'00'