20091277 Ver 1_401 Application_20091209

STV/Ralph Whitehead Associates
1000 West Morehead Street, Suite 200
Charlotte, North Carolina 28208
[phone] fa x:[phone]
Letter of Transmittal
Sheet No.: 1 of 1
To: Date: 11/30/2009 Our Job No.: 2514331
NCDENR Division of Water Quality
401 Permitting Unit File Code: P?
2321 Crabtree Blvd., Suite 250 Attention: Mr. Ian McMillan
Reference: Peterson Dr. CIP NWP #27
Raleigh, NC 27604 ? o " 0
L DE C 1 2009
DENR - WATER QUAMY
WETLANDS AND STORMWATER BRANCH
We Are [EAttached []Under Separate Cover via ®Overnite []2nd Day []Regular mail the following items:
Sending:
[]Shop []Prints []Sepias ?Mylars []Samples []Change Order
Drawings
[]Copy of []Reports []Specifications []Cost Estimates []Electronic Media
Letter
®Other: Peterson Dr. CIP NWP #27, Request for Jurisdictional Determination and supporting materials
Item Rev. Quantity Description Action Code
No.
1 5 Peterson Dr. CIP NWT #27, Request for Jurisdictional G
Determination and supporting materials (including two
copies with full sized drawings)
2 1 Check to NCDWO in amount of $570 for application fee
Action Codes: A. Action Indicated on Item Transmitted C. For Your Use E. For Information Only G. For Approval
B. See Remarks Below D. As Requested F. For Review & Comment
Remarks Mr. McMillan
Attached, please find five copies of the Peterson Dr. CEP Nationwide Permit #27 and Request for
Jurisdictional Determination application made on behalf of Charlotte Mecklenburg Storm Water
Services. If you need any additional information or have questions, please do not hesitate to contact
Isaac Hinson at [phone].
Thank you,
Pe yew l? r-1? a
Copies Isaac Hinson, P.W.S. - CSWS Signed: Michael Ia nocco PWS
an employee-owned company providing quality service since 1912
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STV/Ralph Whitehead Associates
1000 West Morehead Street, Suite 200
Charlotte, North Carolina 28203
[phone] fax: [phone]
November 17, 2009
Via FEDERAL EXPRESS
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Attention: Mr. Stephen Chapin
Subject: Pre-Construction Notification Pursuant to
Nationwide Permit No. 27
Proposed Peterson Drive CIP
Mecklenburg County, North Carolina
Dear Mr. Chapin:
In cooperation with STV/Ralph Whitehead Associates (STV/RWA), Charlotte-Mecklenburg
Storm Water Services (CSWS) is submitting a Pre-Construction Notification (PCN) application
form (Attachment A) in accordance with General Condition No. 27 and pursuant to U.S. Army
Corps of Engineers (USACE) Section 404 Nationwide Permit (NWP) Number 27-Aquatic Habitat
Restoration, Establishment, and Enhancement Activities (Federal Register Vol. 67, No. 10;
updated March 19, 2007). A Request for Jurisdictional Determination regarding the
approximate location and extent of jurisdictional waters of the U.S. within the approximate 1.5
acre project area, including a Request for Jurisdictional Determination form, figures,
photographs, stream assessment forms, and Approved Jurisdictional Determination (Rapanos)
form is found in Attachment B. Accompanying figures and permit drawings are included in
Attachment C.
Project Description
The CSWS Peterson Drive Capital Improvements Project (CIP) proposes to restore stability and
enhance approximately 362 linear feet of a degraded, unnamed perennial stream (relatively
permanent water or RPW) located in a residential neighborhood bound by East Peterson Drive,
South Tryon Street and East Cama Street in Charlotte, Mecklenburg County, NC (Attachment C
- Figures 1, 2, and 3). The degraded stream is proposed to be enhanced by realigning the
existing channel in an effort to alleviate flooding, stabilize ongoing bank erosion, provide grade
controls, provide an improved entrance condition at the downstream culvert at South Tryon
Street, reconnect a flood control bench to the bankfull channel, and remove existing blockages.
Vegetative treatments will include live-staking and bare root plantings using native plant
materials, as well as the use of a riparian seed mix (Attachment C - Sheets 2 and 2A). It's
an employee-owned company providing quality service since 1912
Charlotte-Mecklenburg Storm Water Services November 17, 2009
Peterson Drive CIP - Request for JD and NWP #27
anticipated that these channel improvements will help reestablish the biological and chemical
integrity of this reach of the stream.
Based on the drawings prepared by USlnfrastructure of Carolina, Inc. (USI), the proposed
stream improvements will include the use of temporary cofferdams and temporary diversion
ditches with rock check dams (Attachment C - Sheets EC1 and EC2), and temporary slope
drains during construction as part of a pump-around plan to provide continued base flow to the
downstream areas of Stream A while working in dry conditions. Four cross vanes will be
installed within the upstream portion of the project area to provide grade control and enhanced
instream habitat. These four permanent grade control structures will be constructed from stone
that is lined with filter fabric. Three J-hook structures will be constructed within the slightly
relocated channel to provide additional bank stabilization measures through thalweg control.
These J-hooks, in conjunction with a proposed 89 If gabion wall to be installed in an upland
area, will also provide an improved entrance condition at the downstream culvert at South Tryon
Street (Attachment C - Figure 4). Typical channel sections are depicted on Attachment C -
Sheet 2. Details on the proposed grade control structures, J-hook structures, gabion wall and
plantings are depicted on Attachment C - Sheet 2A.
The project area encompasses approximately 1.5 acres of undeveloped woodland situated in
the backyards of a residential neighborhood. The site is bounded by South Tryon Street to the
west, East Peterson Drive to the south, and East Cama Drive to the north and east (See
Attachment C - Figures 1 and 2).
The proposed project would result in temporary impacts to approximately 362 linear feet (2172
square feet/0.05 acre) of the on site stream (Stream A). Stream A is a jurisdictional, perennial
RPW that was concluded to be aquatically important. The restored Stream A channel will be
344 linear feet, resulting in permanent impacts to 18 linear feet of the stream channel. Channel
improvements will include bank stabilization, flood bench construction and the removal of debris
from the existing channel and will result in an overall net increase in the stream's aquatic
resource functions. Waters of the U.S. within the project area and project impacts are described
below.
Background
As noted on aerial photography (2007) viewed on Google Earth, and verified by field review, the
project area is currently partially developed as a residential development in an urban setting.
Stream A is located in the undeveloped forested areas situated in the backyards of the
residential properties. The forested area is fragmented and dominated by invasive, edge habitat
species (e.g., Chinese privet, English ivy) that are low in value. The project area is relatively
level to gently sloping along the stream corridor. The stream enters the project area as a
perennial RPW after draining through a reinforced concrete pipe located upstream, outside of
the project area.
Jurisdictional waters of the U.S. within the project area, as described below, are limited to the
one jurisdictional, perennial stream (See Attachment B - Approximate Jurisdictional Boundary
Field Map). The Request for Jurisdictional Determination Form to the U.S. Army Corps of
Engineers (USACE) is found in Attachment B. Representative photographs of the project area
are also found in Attachment B.
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Charlotte-Mecklenburg Storm Water Services November 17, 2009
Peterson Drive CIP - Request for JD and NWP #27
Prior to fieldwork, the following references were reviewed to identify possible waters of the U.S.,
including wetland areas:
• U.S. Geological Survey (USGS) 7.5-minute topographic quad Charlotte West, NC
(1980)
• U.S. Fish and Wildlife Service National Wetlands Inventory (NWI)
Mapper (http://wetlandsfws.er.usgs.gov/wtlnds/launch.htmi)
• U.S. Department of Agriculture (USDA) Soil Conservation Service
of Mecklenburg County, NC, (1980) Sheets 6 and 7 of 13
• List of Hydric Soils of North Carolina, prepared by the USDA (1995)
On-line Wetlands
(SCS) Soil Survey
• Mecklenburg County Property Ownership Land Records Information
(POLARIS)
System
The USGS topographic quad does not depict any potential jurisdictional features within the
project area. The NWI map does not depict any potential jurisdictional features within the
project area. The USDA SCS soils map does not depict any potential jurisdictional features
within the project area and depicts the following soil within the project area (Attachment B -
Figure 3):
• CuB - Cecil-Urban land complex, 2 to 8 percent slopes
Cecil and Urban land soil types are classified as well-drained to moderately well-drained. The
POLARIS map depicts a stream within the project area.
Methods
On September 2, 2009, STV/RWA Senior Environmental Specialist Brandon Phillips, C.H.M.M.
and Environmental Scientist Anthony Nardo field reviewed the project area for potential
jurisdictional waters of the U.S, including wetlands, and potential protected species habitat.
Jurisdictional waters are defined by 33 CFR 328.3(b) and protected by Section 404 of the Clean
Water Act (33 U.S.C. 1344). The potential jurisdictional stream channel was classified
according to recent North Carolina Division of Water Quality (NCDWQ) and USACE guidance.
A stream assessment was conducted utilizing the USACE Wilmington District Stream Quality
Assessment Worksheet and the NCDWQ Stream Identification Form. The USACE and
NCDWQ stream assessment forms are included in Attachment B.
Jurisdictional Waters of the U.S.
Jurisdictional waters of the U.S. located within the project area are limited to the one stream
channel (Stream A); reference Attachment B - Approximate Jurisdictional Boundary Field Map
for the approximate location of this jurisdictional feature. No wetlands are located within the
project area. The jurisdictional boundaries of the stream have not yet been field verified by the
USACE Asheville Regulatory Field Office. A Request for Jurisdictional Determination is
included as Attachment B. Stream A flows from the southeast to the northwest through the
project area. The stream begins to the east of the project area and flows northwest off site
under South Tryon Street, and eventually into Irwin Creek (Perennial RPW). Irwin Creek drains
to Sugar Creek (Perennial RPW), which in turn, drains to the Catawba River, a traditionally
navigable water (TNW).
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Charlotte-Mecklenburg Storm Water Services November 17, 2009
Peterson Drive CIP - Request for JD and NWP #27
Stream A, an unnamed tributary of Irwin Creek, originates to the east of the project area as a
perennial stream. Perennial Stream A exhibited weak to moderate flow, moderate sinuosity,
and substrate consisting of clay, sand, silt, cobble, and rock. Stream channel widths were 5 to 7
feet and bank heights were 2 to 5 feet. Aquatic life, including fish, crayfish, and frogs, was not
observed in the stream, and the macrobenthic aquatic life was limited to mosquito larvae.
Representative photographs of the perennial Stream A are included in Attachment B -
Photographs 1 through 5.
More information on stream characteristics associated with Stream A can be found on the
NCDWQ Stream Identification Forms and USACE Stream Quality Assessment Worksheets
included in Attachment B. An Approved Jurisdictional Determination (Rapanos) Form is also
included in Attachment B.
Purpose and Need
The purpose of the Peterson Drive CIP project is to alleviate flooding both upstream of the
South Tryon Street road crossing and for properties located along South Tryon Street by
realigning the existing stream to enter the existing culvert at a better angle. The Peterson Drive
CIP project also proposes to reshape the cross section of Stream A from an incised/vertical
bank channel to a channel with floodplain benches and gentler bank slopes to provide for more
flood storage, and to alleviate stream bank erosion. Identified problems within the properties
surrounding the project area and stream channel include the flooding of residential yards and
crawl spaces, and the erosion of the stream bank. An evaluation completed by CSWS of the
existing drainage within Stream A determined that the channel is incised, eroding, filled with
debris, and lacks floodplain access (Attachment B - Photographs 2, 3 and 4).
Impacts to Waters of the U.S.
The project involves channel improvements designed to restore stability and enhance 362 linear
feet of an existing degraded stream (RPW) located in a residential development in an urban
setting. Enhancement activities will include improvements to the channel's alignment, profile,
and cross-sectional dimensions to restore floodplain access, reduce erosion and sedimentation,
and enhance the instream riparian habitat. Proposed project plans will result in temporary
impacts to 362 linear feet of Stream A during the enhancement/construction activities, and
permanent impacts to approximately 18 linear feet of Stream A, because the restored portion of
Stream A will be approximately 344 linear feet in length.
Avoidance and Minimization
Due to the nature of the project, avoiding impacts to Stream A while achieving project goals is
not possible. There is no practicable alternative that would achieve the project purpose of
restoring the stability and enhancing the stream that would avoid or result in less impact to
waters of the U.S. Best management practices (BMPs) will be used and appropriate erosion
and sedimentation controls will be installed and maintained during construction activities to
allow for the least adverse effect on the stream channel and associated water quality.
Approximately 319 linear feet of the upstream perennial portion of Stream A, as well as all the
upstream intermittent (seasonal RPW) portion of Stream A (324 linear feet) will be avoided.
Sedimentation and erosion control plans have been prepared for pre-construction and final
conditions of the project area. Sedimentation and erosion control devices were designed in
accordance with appropriate City and State erosion and sediment control ordinances and will
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Charlotte-Mecklenburg Storm Water Services November 17, 2009
Peterson Drive CIP - Request for JD and NWP #27
thereby equal or exceed the requirements specified in the latest version of the North Carolina
Sediment and Erosion Control Manual. The initial excavation and grading of the stream channel
would be done in the dry using cofferdams and diversion ditches for the pump-around operation,
with sedimentation and erosion control devices clear of any jurisdictional waters.
Based on the erosion control plan sheet provided by USI (Attachment C - Sheet EC1),
construction sequencing will be done in the following order:
1) Flag and fence clearing limits.
2) Mark trees to be protected.
3) Install temporary diversion ditch and rock check dams
4) Install erosion control silt fence
5) Install cofferdam and pump-around system
6) Construct proposed flood bench, channel bank toe protection and creek cross section,
including structures, starting upstream and working downstream.
7) Disturb maximum of 100' or length of channel and flood bench that can be
constructed and stabilized in one day, whichever is less.
8) Use temporary seed and mulch to stabilize.
9) Final stabilization with riparian seeding and live staking/matting.
10) Remove erosion control measures.
Activities on the project site involving impacts to waters of the U.S. will be required to follow the
General Conditions of the USACE Nationwide Permits (Federal Register Vol. 67, No. 10;
updated March 19, 2007), applicable USACE Wilmington District Regional Conditions, and
applicable NCDWQ consistency conditions (November 2007).
Compensatory Mitigation
As described above, efforts have been made to avoid and minimize impacts to waters of the
U.S. to the maximum extent practicable. The enhancement of the stream channel will
permanently impact only 18 linear feet of stream channel (See Attachment C - Figure 4).
Stream enhancement is a typically accepted method of providing compensatory mitigation and
is the primary purpose of this project. Proposed channel improvements such as bank
stabilization, flood bench construction, removal of debris from the existing channel and the
native plantings that are proposed will reestablish the biological and chemical integrity of this
reach of stream and result in an overall net increase in the stream's aquatic resource functions.
Therefore, no additional compensatory mitigation requirements are anticipated. CSWS is not
pursuing mitigation credit for this project.
Stormwater Management Plan
A Stormwater Management Plan (SWMP) for the project will not be required due to the nature of
the project. No impervious surfaces are proposed. According to Charlotte's Post-Construction
Controls Ordinance (PCCO) as viewed on the Mecklenburg County POLARIS web site, Stream
A has a 30-foot PCCO buffer within the project area. Additional development as a result of this
project is not anticipated.
Cultural Resources
A review of historic and archaeological sites in the vicinity of the proposed Peterson Drive CIP
project area was conducted. The National Register was consulted and indicated that there are
no sites listed on the National Register within one mile of the project area. The Mecklenburg
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Charlotte-Mecklenburg Storm Water Services November 17, 2009
Peterson Drive C/P - Request for JD and NWP #27
County POLARIS web site was reviewed and showed one historic cemetery site located 1.3
miles from the project area. Considering the limited impacts to waters of the U.S. as a result of
this project, the likelihood of unidentified cultural resources being present in the proposed permit
area is considered remote.
Protected Species
STV/RWA conducted a protected species habitat assessment and review of the project site on
September 2, 2009. Prior to the field reviews, STV/RWA reviewed the U.S. Fish and Wildlife
Service (USFWS) and North Carolina Natural Heritage Program (NCNHP) databases, which
provided existing data concerning the potential occurrence of federally and state protected
(threatened or endangered) species in Mecklenburg County. These databases indicate that
there are federal and state threatened or endangered species that may occur in Mecklenburg
County. These protected species and their respective physical descriptions and habitat
requirements are described below.
Carolina heelsplitter (Lasmigona decorata) - Federal/State Endangered
The Carolina heelsplitter has an ovate, trapezoid shaped shell. The outer surface of this
species shell is yellowish, greenish, or brownish with greenish, blackish rays. The inner shell
ranges from iridescent to mottled pale orange. The average size of the Carolina heelsplitter is
78 mm. The Carolina heelsplitter is found in small to large streams and rivers as well as ponds
over a variety of substrates usually near stable, well-shaded stream banks. Most individuals are
found in undercuts and along shaded banks stabilized with extensive tree roots, a buried log, or
rocks. The Carolina heelsplitter requires waterways with well oxygenated clean water. This
mollusk is listed as an historical occurrence in Mecklenburg County. Six populations of this
mussel are presently known to exist, two of which occur within North Carolina. One small
remnant population occurs in the Catawba River system in Waxhaw Creek in Union County, and
another small population occurs in a short stretch of Goose Creek, a tributary to the Rocky River
in the Pee Dee River system, also in Union County.
Potential habitat does not exist within the perennial section of Stream A located within the
project area. Potential habitat characteristics such as undercut shaded banks with extensive
root systems and buried logs and rocks within the channel were not observed in the stream, and
stream banks exhibited severe erosion. Existing water quality may also be a limiting factor in
the occurrence of Carolina heelsplitter within the stream. The relative lack of water, extensive
debris, eroding banks, general stagnant and apparent non-oxygenated conditions of the water
make this habitat considerably less than optimal. Based on the field review, the less than
optimal habitat present and the available databases, it is determined that this project will have
`no effect' on the Carolina heelsplitter.
Biological Conclusion: No Effect
Michaux's sumac (Rhus michauxu) - Federal/State Endangered
Michaux's sumac is a rhizomatous, densely hairy shrub, with erect stems from 1 to 3 feet in
height. The compound leaves contain evenly serrated, oblong to lanceolate, acuminate leaflets.
Most plants are unisexual; however, more recent observations have revealed plants with both
male and female flowers on one plant. The flowers are small, borne in a terminal, erect, dense
cluster, and colored greenish yellow to white. Flowering usually occurs from June to July; the
fruit, a red drupe, is produced through the months of August to October. Michaux's sumac
grows in sandy or rocky open woods in association with basic soils. This plant reportedly
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Charlotte-Mecklenburg Storm Water Services November 17, 2009
Peterson Drive CIP - Request for JD and NWP #27
survives best in areas where some form of disturbance has provided an open area. This plant
is restricted to seven counties in North Carolina, and is listed as historic in Mecklenburg County.
No individuals of Michaux's sumac were observed within the project area. There are no records
of Michaux's sumac being located in the Charlotte West USGS quadrangle. The NC Natural
Heritage Program (NCNHP) website was reviewed to determine the locations of the nearest
populations of Michaux's sumac. The NCNHP determined that no current populations of
Michaux's sumac were present within several miles of the project area. The project area lacks
the proper habitat requirements preferred by this species, and there are no known populations
within the proximity of the project area, so it is unlikely that Michaux's sumac would be found
within the project area. Based on the field review, the lack of habitat present and the available
databases, it is determined that this project will have `no effect' on Michaux's sumac.
Biological Conclusion: No Effect
Schweinitz's sunflower (Helianthus schweinitzh) - Federal/State Endangered
Schweinitz's sunflower is a perennial herbaceous plant limited to the Piedmont counties of North
and South Carolina. The plant grows from one to two meters tall from a cluster of tuberous
roots. The sunflower consists of a flower with a yellow disk and ray flowers formed on small
heads. The disc is less than 1.5 cm across and the petals are 2 to 3 cm long. The lanceolate
leaves are opposite on the lower stem and alternate near the flowers. The typical habitat for
this plant includes roadsides, old pastures, transmission line right of ways (R/Ws), open areas,
and edges of upland woods. Periodically maintained RA/Vs are typically considered good
potential habitat for the Schweinitz's sunflower. Major characteristics of soils associated with
suitable Schweinitz's sunflower habitat include thin soils, soils on upland interstream flats or
gentle slopes, those which are clayey in texture (and often with substantial rock fragments),
those which have a high shrink-swell capacity, and those which vary over the course of the year
from very wet to very dry. Flowering occurs from August to the first frost of the year.
No individuals of Schweinitz's sunflower were observed within the project area. There are no
records of Schweinitz's sunflower being located in the Charlotte West USGS quadrangle. The
NC Natural Heritage Program (NCNHP) website was reviewed to determine the locations of the
nearest populations of Schweinitz's sunflower. The NCNHP determined that no populations of
Schweinitz's sunflower were present within several miles of the project area. The project area
lacks the proper habitat requirements preferred by this species, and there are no known
populations within the proximity of the project area, so it is unlikely that that Schweinitz's
sunflower would be found within the project area. Based on the field review, the lack of habitat
present and the available databases, it is determined that this project will have `no effect' on
Schweinitz's sunflower.
Biological Conclusion: No Effect
Smooth coneflower (Echinacea laevigata) - Federal/State Endangered
The smooth coneflower grows up to 1.5 meters tall and contains large (approximately 20 cm in
length and 7.5 cm in width) basal leaves. The stem of the plant is smooth with few leaves. The
flower consists of rays that are light pink to purplish, usually drooping and are 5 to 8 cm long.
This perennial plant generally occurs in basic to circumneutral soils of meadows and
woodlands. The plant, which typically blooms in June, has been found growing in habitats that
include upland oak-hickory or mixed oak-pine forests, old field habitat, transmission line R/Ws,
and roadsides. Smooth coneflower is an associate of the Piedmont Prairie community type,
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Charlotte-Mecklenburg Storm Water Services November 17, 2009
Peterson Drive CIP - Request for JD and NWP #27
often found growing with populations of Schweinitz's sunflower. This plant is listed as a current
record for Mecklenburg County, and there is one documented population located approximately
12 miles northwest of Charlotte.
No individuals of smooth coneflower were observed within the project area. There are no
records of smooth coneflower being located in the Charlotte West USGS quadrangle. The NC
Natural Heritage Program (NCNHP) website was reviewed to determine the locations of the
nearest populations of smooth coneflower. The NCNHP determined that no populations of
smooth coneflower were present within one mile of the project area. The project area lacks the
proper habitat requirements preferred by this species, so it is unlikely that smooth coneflower
would be found within the project area. Based on the field review, the lack of habitat present
and the available databases, it is determined that this project will have 'no effect' on smooth
coneflower.
Biological Conclusion: No Effect
The list of protected species was reviewed, and evaluations were performed regarding the
likelihood of the presence of each species in the project area. The project area largely consists
of woodlands and lacks maintained R/Ws or other periodically maintained areas. Due to the
habitat requirements for the three aforementioned protected plant species, the habitat available
within the project area, and the findings of the field survey, it is determined that the proposed
project will have no effect on any of the protected species listed for Mecklenburg County.
Closing
Please feel free to contact me at [phone] should you have any questions or concerns
regarding this request for jurisdictional determination and Nationwide Permit #27. Five copies of
this PCN have been forwarded to NCDWQ. A copy has also been forwarded to the USFWS
Asheville Field Office pursuant to the final regional conditions for nationwide permits in the
Wilmington District.
Sincerely,
Isaac J. Hinson, P.W.S.
Charlotte-Mecklenburg Storm Water Services
Wetland Specialist
Attachments: Attachment A: Pre-Construction Notification Form
Attachment B. Request for Jurisdictional Determination
Attachment C: Figures
cc: Brian Cole, Asheville Field Office, USFWS
Ian McMillan, NCDWQ
IJH/bjp
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Charlotte-Mecklenburg Storm Water Services November 17, 2009
Peterson Drive CIP - Request for JD and NWP #27
Attachment A
Pre-Construction Notification Form
1
??Y W A TF9
1 3 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 IRA IF ft

1. t.
Processing
1 a. Type(s) of approval sought from the

Corps:

Section 404 Permit El Section 10 Permit
FZ
1 b. Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ? Yes ® No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Peterson Drive CIP
2b. County: Mecklenburg
2c. Nearest municipality / town: Charlotte "` ` 2009
2d. Subdivision name: N/A DENR.V*TF QU&ITY
NNUR WAWA
ND P
M
2e. NCDOT only, T.I.P. or state
project no: -
-
9161WN-08- A
3. Owner Information
3a. Name(s) on Recorded Deed: Leon T. Shanklin, Gregory J. Borkouski, Norman F. Steinberger, Phillip B. and Sylvia
Edwards, James E. and Irene S. Mcgehee.
3b. Deed Book and Page No. From USI plan sheets
3c. Responsible Party (for LLC if
applicable): Charlotte-Mecklenburg Storm Water Services (Isaac Hinson, P.W.S.)
3d. Street address: 600 East Fourth Street
3e. City, state, zip: Charlotte, NC 28202-2844
3f. Telephone no.: 704 366-4495
3g. Fax no.: 704 366-6586
3h. Email address: [e-mail]
Page 1 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ® Other, specify: Charlotte-Mecklenburg Storm Water Services
4b. Name: Isaac Hinson, P.W.S.
4c. Business name
(if applicable): Charlotte-Mecklenburg Storm Water Services (Isaac Hinson, P.W.S.)
4d. Street address: 600 East Fourth Street
4e. City, state, zip: Charlotte, NC 28202-2844
4f. Telephone no.: 704 366-4495
4g. Fax no.: 704 366-6586
4h. Email address: [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name: Michael A. lagnocco, P.W.S.
5b. Business name
(if applicable): STV/Ralph Whitehead Associates
5c. Street address: 1000 X'O West Morehead Street, Suite 200
5d. City, state, zip: Charlotte, NC 28208
5e. Telephone no.: 704 372-1885
5f. Fax no.: 704 372-3393
5g. Email address: [e-mail]
Page 2 of 11
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): parcel ID #'s: 14902606, 14902608, 14902609,
14902610,14902611
Latitude: 35.189257 Longitude: -
1 b. Site coordinates (in decimal degrees): 80.880698
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 1.5 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Irwin Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: C
2c. River basin: Catawba
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The subject site is currently partially developed as a residential development in an urban setting. The stream is located in
an undeveloped forested area located in the backyards of the residential properties. The forested area is fragmented and
dominated by invasive, edge habitat species that are low in value.
3b. List the total estimated acreage of all existing wetlands on the property:
0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
362
3d. Explain the purpose of the proposed project:
The purpose of the Peterson Drive CIP project is to alleviate flooding both upstream of the South Tryon Street road
crossing and for properties located along South Tryon Street by realigning the existing stream to enter the existing culvert
at a better angle. The Peterson Drive CIP project also proposes to reshape the cross section of Stream A from an
incised/vertical bank channel to a channel with floodplain benches and gentler bank slopes to provide for more flood
storage, and to alleviate stream bank erosion. Identified problems within the properties surrounding the project area and
stream channel include the flooding of residential yards and crawl spaces, and the erosion of the stream bank. An
evaluation completed by CSWS of the existing drainage within Stream A determined that the channel is incised, eroding,
filled with debris, and lacks floodplain access.
3e. Describe the overall project in detail, including the type of equipment to be used:
The CSWS Peterson Drive Capital Improvements Project (CIP) proposes to restore stability and enhance approximately 362
linear feet of a degraded, unnamed perennial stream (relatively permanent water or RPW) located in a residential neighborhood.
The degraded stream is proposed to be enhanced by realigning the existing channel in an effort to alleviate flooding, stabilize
ongoing bank erosion, provide grade controls, provide an improved entrance condition at the downstream culvert at South Tryon
Street, reconnect a flood control bench to the bankfull channel, and remove existing blockages. Vegetative treatments will
include live-staking and bare root plantings using native plant materials, as well as the use of a riparian seed mix. Typical
construction equipment to be used will include track hoe and backhoe excavators, bulldozers, and dump trucks.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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: JD request is included.
? 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.
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. 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. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary (T)
W1 ? P ? T ? Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - or
(PER)
(Corps - 404, 10
stream
length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ? P ®T realignment, unnamed trib to ® PER ® Corps 6 344
enhancement Irwin Creek ? INT ® DWQ
S2 ® P ? T realignment, unnamed trib to ® PER ® Corps 6 18
enhancement Irwin Creek ? INT ® DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 362
3i. Comments: Only 18 linear feet of permanent impacts is anticipated to Stream A. The remaining 344 linear feet of impacts
will be temporary until the channel work has been completed and the new channel is stabilized and aquatic function is
enhanced.
Page 5 of 11
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. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
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:
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.
? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ® Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T impact re uired?
B1 ? P ® T access unnamed trib to Irwin Creek ? Yes
® No
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments: Catawba buffer rules apply to main stem only.
Page 6 of 11
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Due to the nature of the project, avoiding impacts to Stream A while achieving project goals is not possible. There is no
practicable alternative that would achieve the project purpose of restoring the stability and enhancing the stream, as well as
providing an adequately sized stream channel that would avoid or result in less adverse impact to waters of the U.S. Best
management practices (BMPs) and appropriate erosion and sedimentation controls will be installed and maintained during
construction activities to allow for the least adverse effect on the stream channel and associated water quality. Approximately
319 linear feet of the perennial portion of Stream A and all the intermittent portion of Stream A (324 linear feet) situated
immediately upstream of the proposed channel improvements will be avoided.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Sedimentation and erosion control plans have been prepared for pre-construction and final conditions of the project area.
Sedimentation and erosion control devices were designed in accordance with appropriate City and State erosion and
sediment control ordinances and will thereby equal or exceed the requirements specified in the latest version of the North
Carolina Sediment and Erosion Control Manual. The initial excavation and grading of the stream channel would be done in
the dry using cofferdams and diversion ditches for the pump-around operation, with sedimentation and erosion control devices
clear of any jurisdictional waters.
Based on the plan sheets provided by USI, construction sequencing will be done in the following order:
1) Flag and fence clearing limits.
2) Mark trees to be protected.
3) Install temporary diversion ditch and rock check dams
4) Install erosion control silt fence
5) Install cofferdam and pump-around system
6) Construct proposed flood bench, channel bank toe protection and creek cross section, including structures, starting
upstream and working downstream.
7) Disturb maximum of 100' or length of channel and flood bench that can be constructed and stabilized in one day, whichever
is less.
8) Use temporary seed and mulch to stabilize.
9) Final stabilization with riparian seeding and live staking/matting.
10) Remove erosion control measures.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ? Yes ® No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps
? Mitigation bank
2c. If yes, which mitigation option will be used for this
El Payment to in-lieu fee program
project?
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) T Type Quantity
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? 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.

Zo
ne 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 11
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a . Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
El Yes No
?
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 0%
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Stream enhancement/stabilization
project, no impervious surfaces to be constructed; channel improvements would resu lt in an overall net increase in the
stream's aquatic resource functions.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative description of the plan:
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Charlotte-Mecklenburg
® Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ® No
attached?
4. DWQ Stormwater Program Review
? Coastal counties

4a.
Which of the following state-implemented stormwater management programs apply ? HQW
? ORW
(check all that apply): ? 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 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
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
? Yes ? No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
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.
N/A
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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?
F-1 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?
STV/RWA reviewed the U.S. Fish and Wildlife Service (USFWS) and North Carolina Natural Heritage Program (NCNHP)
databases prior to field review. Refer to the cover letter page 6, 7, and 8.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
The National Register was consulted and indicated that there are no sites listed on the National Register within one mile
of the project area. The Mecklenburg County POLARIS web site was reviewed and showed one historic cemetery site
located 1.3 miles from the project area.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? FEMA FIRM maps on-line
Isaac J. Hinson, P.W.S. 11/6/09
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page I I of 11
PCN Form - Version 1.3 December 10, 2008 Version
Charlotte-Mecklenburg Storm Water Services November 17, 2009
Peterson Drive CIP - Request for JD and NWP #27
Attachment B
Request for Jurisdictional Determination
-Request for Jurisdictional Determination Form
-USACE and NCDWQ Stream Assessment Data Forms
-Approved Jurisdictional Determination (Rapanos) Form
-Approximate Jurisdictional Boundary Field Map
-Photographs
REQUEST FOR JURISDICTIONAL DETERMINATION
DATE: November 17, 2009
COUNTY Mecklenburg TOTAL ACREAGE OF TRACT 1.5 acres
PROJECT NAME (if applicable) Peterson Drive CIP
PROPERTY OWNER/APPLICANT (name, address and phone):
Charlotte-Mecklenburg Storm Water Services
Isaac Hinson, PWS
600 East Fourth Street
Charlotte North Carolina 28202-2844 [phone], Fax [phone]
NAME OF CONSULTANT, ENGINEER, DEVELOPER (if applicable):
STV/Ralph Whitehead Associates _
Mr. Michael Iagnocco, PWS
1000 W. Morehead St., Suite 200
Charlotte, North Carolina 28208 [phone]
STATUS OF PROJECT (check one)
( ) On-going site work for development purposes
( X) Project in planning stages
(Type of project: Capital Improvements )
( ) No specific development planned at present
( ) Project already completed
(Type of project: )
ADDITIONAL INFORMATION REQUIRED:
Check items submitted - forward as much information as is available. At a minimum, the following first two items must be
forwarded.
(X) Site Location Map (Attachment C - Figure 1)
(X) USGS 7.5' Charlotte West, NC (1980) Topographic Quadrangle (Attaclunent C - Figure 2)
(X) USDA SCS Mecklenburg County Soil Survey (Attachment C - Figure 3)
(X) Approximate Waters of the U.S. Boundary Map (Attachment B)
(X) Proposed Impacts (Attachment C - Figure 4)
(X) Pre-Construction Notification Pursuant to Nationwide Permit
( ) Agent Certification of Authorization Form
(X) Stream Classification Forms (Attachment B)
( ) Routine On-Site Data Forms
(X) Representative Photographs (Attachment B)
Signature of Property Owner or
Authorized Agent
Mr. Isaac Hinson, PWS
OFFICE USE ONLY
lull
USACE AID#
Stream A - perennial
DWQ#
STREAM QUALITY ASSESSMENT WORKSHEET
AQP
1. Applicant's Name: Charlotte-Mecklenburg SWS 2. Evaluator's Name: B. Phillips
3. Date of Evaluation: 9/2/09 4. Time of Evaluation: 10:30 am
5. Name of Stream: unnamed tributary to Irwin Creek 6. River Basin: Catawba
7. Approximate Drainage Area: <50 acres 8. Stream Order: I st
9. Length of Reach Evaluated: 100 ft. 10. County: Mecklenburg
11. Location of reach under evaluation (include nearby roads and landmarks): east of South Tryon Street and north of Peterson Drive.
12. Site Coordinates (if known): 35.189257 N -80.880698 W
13. Proposed Channel Work (if any): Restore stream stability and enhancement
14. Recent Weather Conditions: hot humid
15. Site conditions at time of visit: warm humid
16. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat
-Trout Waters -Outstanding Resource Waters Nutrient Sensitive Waters -Water Supply Watershed (I-IV)
17. Is there a pond or lake located upstream of the eval 'on point? YES NO If yes, estimate the water surface ar
18. Does channel appear on USGS quad map? YES O 19. Does channel appear on USDA Soil Survey? YE NO
20. Estimated Watershed Land Use: 70 % Residential 25 % Commercial _% Industrial % Agricultural
5 % Forested % Cleared / Logged _% Other ( )
21. Bankfull Width: 5-7 ft 22. Bank Height (from bed to top of bank): 2-5 ft
23. Channel slope down center of stream: -Flat (0 to 2%) X Gentle (2 to 4%) -Moderate (4 to 10%) -Steep (>10%)
24. Channel Sinuosity: -Straight X Occasional Bends -Frequent Meander -Very Sinuous -Braided Channel
Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on
location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each
characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the
worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or
weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character
of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more
continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of
100 representing a stream of the highest quality.
Total Score (from reverse): 49 Comments: Perennial Stream
Stream A was determined to be perennial RPW and aquatically important due to the urban setting and the valuable flood conveyance
and control that the stream provides to the improved properties within the study area
/1)1-1, X, Evaluator's Signature ` odeto Date 7/ '09
This channel evaluation form is int be us d only as a guide to assist landowners and environmental professionals in
gathering the data required by the United States Army Corps of Engineers in order to make a preliminary assessment of
stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a
particular mitigation ratio or requirement. Form subject to change - version 05/03. To Comment, please call 919-876-8441 x 26.
STREAM QUALITY ASSESSMENT WORKSHEET
Perennial Stream A
# ECOREGIO T RANGE SC
R
CHARACTERISTICS E
O
Coastal nanf Mountain
1 Presence of flow / persistent pools in stream 0-5 0-5 3
(no flow or saturation = 0; strop flow = max points)
2 Evidence of past human alteration 0-6 0-5 0-5 1
(extensive alteration = 0; no alteration = max points)
3 Riparian zone 0-6 0-4 0-5 3
(no buffer = 0; contiguous, wide buffer = max points)

4 Evidence of nutrient or chemical discharges
0-5
0-4
0-4
3
(extensive discharges = 0; no discharges = max points)
5 Groundwater discharge 0-3 0-4 0-4 2
4 (no discharge = 0; springs, seeps, wetlands, etc. = max points)
6 Presence of adjacent floodplain 0-4 0-4 0-2 3
(no flood lain = 0; extensive flood lain = max points)
- 7 Entrenchment / floodplain access 0-5 0-4 0-2 2
(dee I entrenched = 0; frequent flooding = max points)
8 Presence of adjacent wetlands
j 0-6 0-4 0-2 0
(no wetlands = 0; large ad
acent wetlands = max points)
9 Channel sinuosity 0-5 0-4 0-3 2
(extensive channelization = 0; natural meander = max points)
10 Sediment input 0-5 0-4 0-4 2
(extensive deposition= 0; little or no sediment = max points)

11 Size & diversity of channel bed substrate
*
(tine, homogenous = 0; large, diverse sizes = max points A 0 - 4 0 - 5 3
12 Evidence of channel incision or widening
0-5
0-4
0-5
2
(deeply incised = 0; stable bed & banks = max points)
13 Presence of major bank failures
0-5
0-5
0-5
2
(severe erosion = 0; no erosion, stable banks = max points)
14 Root depth and density on banks 0-3 0-4 0-5 3
(no visible roots = 0; dense roots throughout = max points)

15 Impact by agriculture or livestock production

(substantial impact =0; no evidence = max points) 0-5 0-4 0-5 1
16 Presence of riffle-pool/ripple-pool complexes
(no riffles/ripples les or pools = 0; well-developed = max points) 0-3 0-5 0-6 3

1 Habitat complexity
0-6
0-6
0-6
3
(little or no habitat = 0; frequent, varied habitats = max points)
18 Canopy coverage over streambed
(no shading vegetation = 0; continuous canopy = max points) 0-5 0-5 0-5 4

19 Substrate embeddedness
?NA*
0-4
0-4
3
(deeply embedded = 0; loose structure = max)
20 Presence of stream invertebrates

no evidence = 0; common, numerous types = max points) 0-4 0-5 0-5 1
0 21 Presence of amphibians

Q
(no evidence = 0; common, numerous types = max points) 0-4 0-4 0-4 0
Q 22 Presence of fish
(no evidence = 0; common, numerous types = max points) 0 - 4 0 - 4 0 - 4 0

23 Evidence of wildlife use

(no evidence = 0; abundant evidence = max points) 0-6 0-5 0-5 3
Total Points Possible 100 t00 100
TOTAL SCORE (also enter on first page) 49
i nese characteristics are not assessed in coastal streams.
North Carolina Division of Water Quality - Stream Identification Form; Version 3.1
Date: 09/02/2009 Project Peterson Drive CIP Latitude: 35.189257 de N
Evaluator: Site: Longitude:
B. Phillips Stream A perennial -80.880698 de W
Total Points: Other
Stream is at least intermittent County: Qarlotte West, NC
if? 19 or perennial if? 30 33.00 Mecklenburg e.g. Qua r1 Na
A. Geomorphology (Subtotal = 18.5 } Absent Weak Moderate' Strong
1 `. Continuous bed and bank 3.0 0 1 2 3
2. Sinuosity 1.0 0 1 2 3
3. In-channel structure: riffle-pool sequence 2.0 0 1 2 3
4. Soil texture or stream substrate sorting 2.0 0 1 2 3
5. Active/relic floodplain 2.0 0 1 2 3
6. Depositional bars or benches 2.0 0 1 2 3
7. Braided channel 0.0 0 1 2 3
8. Recent alluvial deposits 2.0 0 1 2 3
9 a Natural levees 1.0 0 1 2 3
10. Headcuts 2.0 0 1 2 3
11. Grade controls 1.0 D 0.5 1 1.5
12. Natural valley or drainagevvay 0.5 0 0.5 1 1.5
13. Second or greater order channel on existing
USGS or NRCS map or other documented
evidence.

0.0
No = 0
Yes = 3
Man-made ditches are not rated: see discussions in manual
B HydrDloaV (Subtotal = 7.5 1
14. Groundwater flowldischarge 1.0 0 1 2 3
IS. Water in channel and > 48 hrs since rain, or
Water in channel -- dry or growing season
2.0 0 1 2 3
16. Leaf Iitter 1.0 1.5 1 0.5 0
17. Sediment on plants or debris 1.0 0 0.5 1 1.5
18. Organic debris lines or piles (Wrack lines) 1.0 0 0.5 1 1.5
19. Hydric soils (redoximorphic features) present? 1.5 No = 0 Yes = 1.5
C. Bicloav (subtotal = 7_06
20'. Fibrous roots in channel 2.0 3 2 1 0
21 '. Rooted plants in channel 2.0 3 2 1 0
22 Crayfish 0.0 0 0.5 1 1.5
23 Bivalves
- -- 0.0 0 1 2 3
24. Fish 0 0 0 0.5 1 1.5
25. Amphibians 0.0 0 0.5 1 1.5
26. lVacrobenthos (note diversity and abundance) 0.5 0 0.5 1 1.5
27 Filamentous algae; periphyton 0.0 0 1 2 3
28. Iron oxidizing bacterialfungus. 1.0 D 0.5 1 1.5
29 t'. Wetland plants in streambed 1.50 FAC = 0.5; FACW = 0.75; OBL = ?m m
1.5 SAV =
2.0; Other = 0
ucins zu aria ci iocus on me presence of upiana plants. Item 29 tocuses on the presence of aquatic or wetland plants.
Sketch:
Notes (use backside of this form for additional notes.)
Stream A was determined to become perennial at large headcut at
upstreamcu ve-rt.
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Peterson Drive CIP
State:NC County/parish/borough: Mecklenburg City: Charlotte
Center coordinates of site (lat/long in degree decimal format): Lat. 35.189257° N, Long. -80.880698° W.
Universal Transverse Mercator: N 3894038.0; E 510861.28
Name of nearest waterbody: Irwin Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Catawba River
Name of watershed or Hydrologic Unit Code (HUC): 03050103
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
® Office (Desk) Determination. Date: 09/1/09.
® Field Determination. Date(s): 09/2/09
SECTION I1: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are no "navigable waters of the U.S." within Rivers and Harbors Act (R1-1A) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
Waters subject to the ebb and flow of the tide.
? Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply):
TNWs, including territorial seas
Wetlands adjacent to TN Ws
® Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
? Non-RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
? Impoundments of jurisdictional waters
? Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: Stream A = 362 linear feet: 6 width (ft) and/or 0.05 acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: Established by OHWM.
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):'
? Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
Boxes checked below shall be supported by completing the appropriate sections in Section III below.
For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
Supporting documentation is presented in Section III.F.
SECTION 111: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section II1.A.1 and Section III.D.I. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.I and 2
and Section III.D.I.; otherwise, see Section III.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbodya is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.C below.
Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Pick List
Drainage area: Pick List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
? Tributary flows directly into TNW.
? Tributary flows through Pick List tributaries before entering TNW.
Project waters are Pick List river miles from TNW.
Project waters are Pick List river miles from RPW.
Project waters are Pick List aerial (straight) miles from TNW.
Project waters are Pick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW':
Tributary stream order, if known:
' Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.
(b) General Tributary Characteristics (check all that apply):
Tributary is: ? Natural
? Artificial (man-made). Explain:
? Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Pick List.
Primary tributary substrate composition (check all that apply):
? Silts ? Sands ? Concrete
? Cobbles ? Gravel ? Muck
? Bedrock ? Vegetation. Type/% cover:
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: Pick List
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: Pick List
Estimate average number of flow events in review area/year: Pick List
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pick List. Characteristics:
Subsurface flow: Pick List. Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
? Bed and banks
? OHWM6 (check all indicators that apply):
? clear, natural line impressed on the bank ?
? changes in the character of soil ?
? shelving ?
? vegetation matted down, bent, or absent ?
? leaf litter disturbed or washed away ?
? sediment deposition ?
? water staining ?
? other (list):
? Discontinuous OHWM.7 Explain:
If factors other than the OHWM were used to determ
I? High Tide Line indicated by:
? oil or scum line along shore objects
? fine shell or debris deposits (foreshore)
? physical markings/characteristics
? tidal gauges
? other (list):
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
me lateral extent of CWA jurisdiction (check all that apply)
Mean High Water Mark indicated by:
? survey to available datum;
? physical markings-
0 vegetation lines/changes in vegetation types.
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
'A natural or man-made discontinuity in the OHWM does not necessarily severjurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
? Riparian corridor. Characteristics (type, average width):
? Wetland fringe. Characteristics:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain: .
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Pick List. Explain:
Surface flow is: Pick List
Characteristics:
Subsurface flow: Pick List. Explain findings:
? Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
? Directly abutting
? Not directly abutting
? Discrete wetland hydrologic connection. Explain:
? Ecological connection. Explain:
? Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the Pick List floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
? Riparian buffer. Characteristics (type, average width):
? Vegetation type/percent cover. Explain:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
Ali wetland(s) being considered in the cumulative analysis: Pick List
Approximately ( ) acres in total are being considered in-the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
I. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D: No OHWM, No aquatic life, performs no biological or chemical functions.
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
? TNWs: linear feet width (ft), Or, acres.
? Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: Perennial Stream A has a continuous OHWM, defined bed and bank, low flow, and depositional bars.
Stream A is not depicted on the USGS topographic map and drains to Irwin Creek (Perennial RPW) which drains to Sugar
Creek (Perennial RPW) which in turn, drains to the Catawba River (TNW).
? Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
® Tributary waters: Stream A = 362 linear feet 6 width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
? Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section IILC.
Provide estimates for jurisdictional waters within the review area (check all that apply):
? Tributary waters: linear feet width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
? Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
? Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section 111.13 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
? Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
? Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates forjurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
? Demonstrate that impoundment was created from "waters of the U.S.," or
? Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
? Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):"
? which are or could be used by interstate or foreign travelers for recreational or other purposes.
? fi-om which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
? which are or could be used for industrial purposes by industries in interstate commerce.
? Interstate isolated waters. Explain:
? Other factors. Explain:
'See Footnote # 3.
'To complete the analysis refer to the key in Section III. D.6 of the Instructional Guidebook.
"' Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Meurorandun: Regarding CWA Act Jurisdiction Following Rapanos.
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
? Tributary waters: linear feet width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
? Wetlands: acres.
NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
? If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
? Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
? Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
? Other: (explain, if not covered above):
Provide acreage estimates for non-jurisdictional waters in the review area, where the sole potential basis ofjurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
? Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
Provide acreage estimates for non-jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required forjurisdiction (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
? Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Attachment C - Figures 1-4.
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
? Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.
? Data sheets prepared by the Corps:
? Corps navigable waters' study:
? U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
? USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: 1:24000, Charlotte West, NC (1980).
® USDA Natural Resources Conservation Service Soil Survey. Citation: Soil Survey of Mecklenburg County, Sheets 6 and 7 of 13 .
® National wetlands inventory map(s). Cite name: Charlotte West, NC.
? State/Local wetland inventory map(s):
? FEMA/FIRM maps:
? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ? Aerial (Name & Date): .
or ® Other (Name & Date): Photos 1 through 6 (09/02/09).
? Previous determination(s). File no. and date of response letter:
? Applicable/supporting case law:
? Applicable/supporting scientific literature:
? Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD: The boundaries of potential jurisdictional waters of the U.S. Stream A (see attached
Figure entitled "Approximate Jurisdictional Boundary Field Map" Attachment B) were approximated in the field utilizing a topographic
survey of the study area that was prepared by USI Infrastructure of Carolina, Inc. for Charlotte-Mecklenburg Storm Water Services. Stream
A was determined to be a perennial RPW, and flows to Irwin Creek (Perennial RPW) which flows to Sugar Creek (Perennial RPW) which
flows to the Catawba River (TN W).
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Project Study Area ° .1
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Jurisdictional Stream }
Peterson Drive Capital Improvements Project
( 1 Photo Location and Direction Mecklenburg County, NC
O GPS Point 71
Note: ..} STV/ Ralph %%itehead Associates
WN E (i
1. Potential jurisdictional breakpoints for waters of the U.S were
determined and surveyed by STV/Ralph Whitehead Associates r N
August 28, 2009, using a Trimble GEOXT hand-held GPS unit Approximate Jurisdictional Boundary
capable of submeter accuracy. This map is intended for plannn, Field Map
purposes only.
2. Potential jurisdictional waters of the U.S. boundaries have not •}
been flagged in the field or verified by the U.S. Army Corps of t, BJ P AWN BJ P MA I 9/4/2009
Engineers (USAGE) and are subject to change following SURVEYED BY PREPARED BY CHECKED BY APPROVED BY DATE
delineation and verification., ;w SHEET or-
2514331 1 "=200' PteronWpp roxWates.mxd\
Reference: 2007 Aerial Photography, Mecklenburg County GIB 1 1
JOB NO. SCALE GIS FILE PATH - -
Charlotte-Mecklenburg Storm Water Services November 17, 2009
Peterson Drive CIP - Request for JD and NWP #27
Photograph
Y;
°
View of the perennial starting point of Stream A (RPW), starting at the reinforced
concrete pipe culvert that is pictured.
Photograph 2. Large amounts of debris are located within the channel of Stream A.

Charlotte-Mecklenburg Storm Water Services November 17, 2009
Peterson Drive CIP - Request for JD and NWP #27
Photograph 3. View of additional piles of debris located within the perennial portion of Stream
A.
Photograph 4. Debris and sedimentation have blocked flow routes through the channel.
Charlotte-Mecklenburg Storm Water Services November 17, 2009
Peterson Drive CIP - Request for JD and NWP #27
Photograph 5. View of the twin pipe culverts that drain perennial Stream A under South Tryon
Street to the west.
Photograph 6. A view of South Tryon Street crossing over perennial Stream A.
Charlotte-Mecklenburg Storm Water Services November 17, 2009
Peterson Drive CIP - Request for JD and NWP #27
Attachment C
Figures
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North Carolina Vicinity Map
Peterson Drive LOCATION
Capital Improvements Project ?i MAP
Mecklenburg County, NC STV/Ralph Whitehead Associates
FIGURE 1
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Capital Improvements Project USGS Map
Mecklenburg County, NC STV/Ralph Whitehead Associates FIGURE 2
Approximate Scale 1:24,000
C?tu?tretwt?utt?berrQ
Mapped Soils in Project Study Area
CuB - Cecil-Urban land complex, 2 to 8 percent slopes " :'" 'WATER
Svikes 0
Peterson Drive
Capital Improvements Project SOILS MAP
Mecklenburg County, NC STV/Ral h Whitehead Associates
P FIGURE 3

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