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HomeMy WebLinkAbout20021224 Ver 1_COMPLETE FILE_20020802® North Carolina Wildlife Resources Commission Charles R. Fullwood, Executive Director MEMORANDUM TO: John R. Dorney, Division of Water Quality Dept. of Environment and Natural Resources FROM: Ron Linville, Regional Coordinator e Habitat Conservation Program DATE: August 19, 2002 SUBJECT: Review of an application by Steele Creek Subdivision, Westbridge Development, Inc., DWQ NO. 021224, Unnamed Tributary Stowe Branch, Mecklenburg County The applicant is requesting 401 Water Quality Certification from the North Carolina Division of Water Quality. The NCWRC has reviewed information provided by the applicant, and field biologists on our staff are familiar with habitat values of the project area. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). The project as proposed will impact approximately 1/3 acre of wetlands within an 84.23 acre tract containing 2.4 acres of wetlands for residential lot improvements. The applicant indicates that avoiding these impacts would reduce the number of lots available by seventeen (17) lots and make this phase of the project unviable. Based on our review of the submittal and current drought conditions, we believe that these wetlands may be more important to water quality and habitat values than they appear. Small tree shaded wetlands are important for stream recharge, seasonal aquatic habitats, stream habitat quality and hydrograph maintenance. Therefore, we recommend that the present plan be reevaluated by designing around these jurisdictional areas to the extent practicable. Maintaining these jurisdictional areas could provide an aesthetic buffer between house lots and enhance property values. These wetland areas could continue performing water quality functions and providing habitat diversity. Regardless of your determinations, we recommend that any remaining jurisdictional areas be protected and preserved in undisturbed natural conditions through deed restrictions or other enforceable methods. Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at 336/769-9453. Cc: Steve Chapin, COE Mailing Address: - Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 733-3633 ext. 281 9 Fax: (919) 715-7643 August 16, 2002 Mr. Steve Chapin US Army Corps of Engineers Asheville Regional Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5506 Mr. John Dorney North Carolina Department of Environment and Natural Resources Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 C Re. Request to Withdraw Pre-Construction Notification Application Phase V- Steele Creek Subdivision Steele Creek Road, Charlotte, North Carolina Gentlemen: Westbridge Development, Inc. respectfully withdraws the referenced Pre-Construction Notification Application dated July 26, 2002. Please call of you have any questions or require any additional information. Sincerely, Westbridge Development, Inc. B Robert H. T en, Presiden cc: Mr. Richard L. Harmon, P.G., Harmon Environmental Mr. Arthur Forman, P.E., Lucus-Forman, Inc. 1207 Roseneath Road, Suite 200 • Richmond, VA 23230 - Office (804) 354-8830 • Fax (804) 358-6976 Triage Check List Date: f)' S - D Z. Project Name: W S u 4d; y. DWQ#: 02-17-2-4 County: MechJen To: ? ARO Mike Parker ? WaRO. Deborah Sawyer ? FRO Ken Averitte ? WiRO Joanne Steenhuis MRO Mike Parker ??? ? WSRO Jennifer Frye ? RRO Steve Mitchell From: &6 ?. Telephone : (919) The file attached is being forwarded to your for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination ? Wetland determination and distance to blue-line surface waters on USFW topo maps Minimization/avoidance issues Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill ? Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: atA¢_ 3 ?- . Harmon Environmental 615 Bruce Thomas Road Phone and Fax: (704) 764-5694 Monroe, North Carolina 28112 Harmon@Interlink-cafe.com July 26, 2002 Mr. Steve Chapin US Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5506 Mr. John Dorney Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Re: Pre-Construction Notification Application Form Phase V, Steele Creek Subdivision Steele Creek Road, Charlotte, North Carolina Project No. 312-03 I Gentlemen: On behalf of Westbridge Development, Inc., Harmon Environmental respectfully submits the attached Pre-Construction Notification Application Form for addressing proposed construction activities associated with Phase V of the Steele Creek subdivision in Charlotte, North Carolina. As indicated in the attached form, five areas of the site constituting approximately 1 acre, exhibit the characteristics commonly associated with wetlands. These areas are primarily ephemeral wetlands and seep wetlands which appear to have been impacted by historic logging of the site and off-site development. Westbridge Development desires to fill designated Wetland Areas B, C, D, and E (totaling approximately 0.95 acres) and make a payment into the North Carolina Wetlands Restoration Program to mitigate the impacts. ' Westbridge Development does not intent to modify or impact the intermittent stream located on the subject property during construction of this project. I ' Gentlemen July 26, 2002 Page 2 We appreciate your consideration of this application. Please call if you have any questions or require ' any additional information. Sincerely, ' Harmon Environmental ' Richard L. Harmon, P.G. President ' Attachments ' cc: Mr. Earl Dickerson, Westbridge Development Mr. Art Forman, Lucas-Forman, Inc. 1 1 1 1 ' Office Use Only: Form Version February 2002 ' USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than ' leaving the space blank. ' I. Processing 1. Check all of the approval(s) requested for this project: ' K] Section 404 Permit ? Section 10 Permit :K] 401 Water Quality Certification ' ? Riparian or Wetlands Buffer Rules I . Nationwide, Regional or General Permit Number(s) Requested: NW 39 & GC3362 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? ' 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ' H. Applicant Information ' 1. Owner/Applicant Information Name: Westbridge Development Inc. Mailing Address: 1207 Roseneath Road. Suite 200 ' Richmond VA 23230 ' Telephone Number: (804) 354-8830 Fax Number: (804) 358-6976 E-mail Address: ' 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached of the Agent has signatory authority for the owner/applicant.) ' Name: Not Applicable Company Affiliation: _ Not Applicable Mailing Address: Not Applicable I ' Telephone Number: Not Applicable Fax Number: Not Applicable E-mail Address: Not Applicable - ' Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers , and roads. Also provide a detailed site plan showing property boundaries and development plans in relationship to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings , impervious structures, or other facilities must be included. If possible, the maps and plans should include appropriate USGS Topographic and Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers frill-size construction drawings rather than a sequential sheet version of the full size plans. If full size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of Project: Steele Creek Subdivision Phase V 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 19920110 4. Location County: Mecklenburg Nearest Town: Charlotte Subdivision name (include phase/lot number): Steele Creek Subdivision Phase V Directions to site (include road numbers, etc.): Take I ighwav 77 to Westinghouse Blvd. (wes) . Follow Westinghouse Blvd to Steele Creek Road (Hwy 1601 and turn north. Subdivision located approximately 0.5 miles ahead on left side of Steele Creek Road. . 5. Site coordinates, if available (UTM or Lat/Long): Lat 35 °09'00"N Lon 80°58'58"W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: The site is a wooded tract surrounded by residential commercial properties and undeveloped wooded tracts ' 7. Property size (acres): 33-Acres (Phase V) ' 8. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary to Stowe Branch ' 9. River Basin: Catawba (Note - this must be one ofNorth Carolina's seventeen designated major river basins. The River Basin map is available at ft.-//h2o enr state.nc.us/adm i//m" .) Page 6 of 12 ' 10. Describe the purpose of the proposed work: Westbridge Development proposes to expand the Steele Creek Residential Subdivision into Phase V consisting of approximately 100 lots. ' 11. List the type of equipment to be used to construct the project: T ical earth moving ui nt will be utilized for the clearing, and gLaading activities at the site. ' 12. Describe the land use in the vicinity of this project: The propM immediately surrounding the suject site consists of wooded land residential developments and commercial properties primarily zoned R-3 and I-1. IV. Prior Project History ' If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application. date, and date permits and certifications were ' issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetlands, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior ' segments of the same T.I.P. project, along with construction schedules. On Jul 6 ,1999 the USACE issued Notice of jurisdictional Determination (Action No. 199930982) to Keystone Builders Resources Group for Phase I II III and IV ofthe Steele Creek Subdivision. This ' Determination documented the presence of 2.425 Acres of wetlands within the 84.23 Acre tract. Disturbances to the designated wetlands within the 84.23-Acre site were limited to less than 1 o fn acre. V. Future Project Plans Are any future permits requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. ' Westbridge Development is evaluatin,.,g four acres contiguous to the northwest corner of Phase IV. The purchase and development of this additional acreage will provide sanitary sewer access to the ' VI. Proposed Impacts to Waters of the United States/Waters of the State ' It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open waters, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetlands and stream evaluation and delineation forms ' should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetlands or stream mitigation, list and describe the impact in Section ' VIII below. If additional space is needed for listing or description, please attach a separate sheet. In -- 17 _ell 11 rare r Vt t/. 1. Provide a brief description of the proposed impacts: Five areas exhibiting the characteristics of wetlands and an intermittent stream channel were delineated at the subject site ;). Westbridge Development proposes to eliminate Are as B C D and E totaling 0.95 2 Acres. A description of these wetlands Wetlands Determination Forms photographs are and a description of the nronosed impacts are 1?resented in Attachment A 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetlands** B Fill 0.112 No adjacent Ephemeral Wetlands C Fill 0.506 No 30 Seep Wetlands D Fill 0.054 No 30 Ephemeral Wetlands E Fill 0.280 No 150 Seep Wetlands * List each impact separately and identify temporary impacts. impacts include, out are not armtea to: mecnanrzea cieanng, gramng, my excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Yearfloodplains are identified through the Federal EmergencyManagement Agency (FEMA) Flood Insurance Rates Maps (FMM), or FEMA approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or on line at httn://www.fema-gov. *** List awetiand type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of all existing wetlands on the property: 1.03 Acres &Phase V1 Total area of wetland impact proposed: 0.952 Acres (Phase V) 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on map) Type of Impact* Length of impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please specify) None * List each impact separatety and identity temporary impacts. impacts include, out are not nmtwa to: cuiverrs ano assoc?atea np-n+p, uw.W (separately list impacts to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream location is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the neatest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.um.eov. Several internet sites also allow direct download and printing of USGS maps (e.g. www.tooozone.coni. www.meoauest.com., etc.). Cumulative impacts (linear distance in feet) to all streams on site: None Page 8 of 12 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on map) of Impact* Type Area of impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond; estuary, sound, bay, ocean, etc.) None L * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Construction: ' If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. ' Pond to be created in (check all that apply): [N uplands ? stream [X wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw- down valve or spillway, etc.): Two ponds will be constructed primarily by excavation with spillwaxs. Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirements, etc.): These two ponds will be constructed to comply with local ' stormwater requirements. Size of the watershed draining to the northern pond: 15.67 Acres Expected northern pond surface area: 0.28 Acres Size of the watershed draining to the southern pond: 11.42 Acres Expected southern pond surface area: 0.20 Acres ' VII. Impact Justification (Avoidance and Minimization) ' Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attached drawings of alternatives, lower-impact ' site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques ' to be followed during construction to reduce the impacts. Alternative designs were considered for Phase of the Sterne Creek Subdivision. As indicated on Fig= 2 the access road into Phase V bisects Wetlands Area C. As a results development of Phase V wo d ' require crossing this wetlands Minimizing the disturbance to crossing the wetlands would have reduced the development by 17 lots Oggroximately 20% of the current planned lots).. This reduction in pro_ nosed residences would render this Phase of development economically viable. VIII. Mitigation ' DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9 of 12 ' USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ' ensure that adverse effects to aquatic environments are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of ' mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, ' restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached to on order for ' the USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical ' Guide to Stream Work in North Carolina, available at http://h2o.enr.state.ne.us/newetlands/strmgide.htmi. ' 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including but not limited to: site location (attach directions and/or ' map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanics (e.g., deed restrictions, conservation easement, etc.), and a description ' of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Westbridge Development. Inc. proposes to reimburse the North Carolina Wetlands Restoration ' Program for the displacement of 0.952-Acres of wetlands in the Phase V development. Be wetlands to be displaced included wetland areas B. C. D. and E See Fig= 1). 2. Mitigation may also be made by payment onto the North Carolina Wetlands Restoration Program ' (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and ' approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, ' check the NCWRP website at hft://h2o.enr.state.nc.us/ =Lmdex.htm If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): ' Amount of Non-riparian wetland mitigation requested (acres): 0.952 Amount of Coastal wetland mitigation requested (acres): L Page 10 of 12 IX. Environmental Documentation (DWQ Only) ' Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No [ I If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review the current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not the impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B.0233 (Meuse), I SA NCAC 2B 0259 (Tar-Pamlico), 15A NCAC 2B.0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify ? Yes ? No ® If you answer "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* impact (square feet) Multiplier Required Mitigation i None 3 2 None 1.5 Total None Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 11 of 12 I t If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration/Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. N/A XI. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream of the property. The calculated impervious area for the proposed Phase V subdivision is 152,706 square feet (3.51 ' acres) To protect the waters of the US and wetlands down gradient of this proposed subdivision, Westbridae Development proposes to construct two stormwater retention ponds on the west side of ' the site The northern pond would receive stormwater from approximately 15.67 acres and the southern pond would receive drainage from approximately 11.42 acres of the site. r I I XU. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater generated in the Phase V development will be disposed of via the City of Charlotte Publically, Owned Treatment Works (POTW) XUL Violations (DWQ Only) Is the site in violation of DWQ Wetlands Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No [] XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of the desired construction dates to allow processing time for these permits. However, an applicant may chose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). n (Agent's signature is valid if an authorization letter from the applicant is provided.) Date Page 12 of 12 • v sar ? $ s p s?oge ?•E T N mm°^Od R ?8gK? 4 ??8 s ?vgg ? Q a 9?o'e •S 3 4qo sg ?g? vSo? ??wl! u .3c ° No$? a YQ? I O pQN? I m D r0.. N? F as Him a?aNtr€= 5955E5.?msI=? mm m ? mZ D D m m o ?mmbu" gim mg°?.e,?? ?m4amNau.?+P?m --- z m .u m u m zz 2z2NN NNzz2 D z.NNN D qVN ? 'vu u-di _$rr'I ?'a? 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Ti ry O b :?mD r.G' Ik N f , V1 R° 1 :3 NOD 9N Q, Do p.4 71 ?O to ? ?rn 0 No m? ? p g H MO ?j Q ? ^v 6H?M r?N Z n a ?A S v y NC Grid (NAD 83) SYeq? 4 ? a :I Ry I Harmon Environmental ' 615 Bruce Thomas Road Phone and Fax. (704) 764-5694 Monroe, North Carolina 28112 Harmon@lnterlink-cafe.com ' July 26, 2002 Mr. Earl Dickerson ' Westbridge Development, Inc. 1207 Roseneath Road, Suite 200 Richmond, Virginia 23230 ' Re. Wetlands and Waters of the US Evaluation of an Approximately 33 Acre Site Near Steele Creek Road Charlotte, North Carolina Project No. 312-01 ' Dear Mr. Dickerson: ' Harmon Environmental respectfully submits for your review this report summarizing the methods and results of the wetlands and waters of the US evaluation conducted at the approximately 33-acre site located near Steel Creek Road in Charlotte, North Carolina. Figure 1 presents the location of ' the site depicted on an excerpt of a United States Geologic Survey (USGS) 7.5 minute topographic map of the region. The elevation of the site ranges from approximately 620 feet above mean sea level (MSL) along the western property, line to approximately 644 feet above MSL along the eastern property line. Topographically, the site consists of a shallow valley and ridge, trending to the northeast. A map depicting the site boundaries and topography are presented as Figure 2. At the time of the site walkover, the site was entirely wooded with overgrown logging roads, indicating the site has been _ timbered historically. Based on a Soil Survey of Mecklenburg County, North Carolina, published by the United States Department of Agriculture in June 1980, three types of soil are present on the site (Figure 3). These three soil types include the Mecklenburg Fine Sandy Loam (MeB), the Iredell Fine Sandy Loam (IrA) and the Wilkes Loam (WkE). The MeB soil has been described as well drained soil commonly associated with broad ridges and uplands. This soil type typically consists of approximately 7-inches of dark reddish brown fine sandy loam grading to approximately 27-inches of yellowish red clay with depth. The organic matter content in the surface of this soil is reported to be low, and the permeability is slow. The IrA soil has been described as a moderately well drained soil associated with broad flat upland areas. This soil type typically consists of approximately 6-inches of olive brown fine sandy loam grading into approximately 22-inches of light olive brown clay and clay loam. The organic matter in the surface of this soil is reported to be low, and the permeability is slow. Mr. Earl Dickerson July 26, 2002 I Page 2 The WkE soil has been described as well drained soil common to the side slopes adjacent to drainage I ways. Typically, this soil consists of approximately 4-inches of dark grayish brown loam grading into approximately 8-inches of strong brown clay. The organic matter in the surface of this soil is reported to be low, and the permeability is moderately slow. I On March 19, 2002, Harmon Environmental personnel evaluated the site for the presence of streams, surface water bodies, and/or criteria associated with wetlands. This evaluation was conducted in ' general accordance with Corps of Engineers Wetlands Delineation Manual, published by the US Army Corps of Engineers in January 1987. During this site visit, Harmon Environmental personnel observed and documented five areas (Areas A, B, C, D and E) on the site which exhibited the ' characteristics associated with wetlands. These areas were flagged in the field and subsequently surveyed by Lucas-Forman, Inc. personnel (Figure 4). Photographs depicting these wetlands are I attached. In addition to the five areas exhibiting the characteristics associated with wetlands, Harmon ' Environmental personnel observed numerous ephemeral stream channels converging to one intermittent stream channel on the site. The headwaters and banks of the intermittent stream channel were also flagged in the field and surveyed by Lucas-Forman, Inc. (Figure 4). Complete Wetlands Determination for Wetland Areas A through E are included in Attachment A. Wetlands Area A was observed on the southwest corner of the 33-acre parcel. Area A is ' approximately 0.081 acres, bound to the east by an old logging. road and to the west by the elevated fill soil associated with the neighboring facilities. This portion of the site apparently receives surface water drainage from the PCA International Inc. facility to the south and the Roberts Poly-Pro facility to the west. Based on the elevation of this wetland area relative to the remainder of the site and the presence of the old logging road, this wetlands does not appear to receive surface water drainage from on-site. Based on the topography, Area A appears to be an Ephemeral Wetlands substantially modified by the historic logging of the site and the subsequent development of the surrounding properties. The soil encountered in Area A appeared consistent with descriptions of the WkE. The soil profile described from soil borings conducted in Area A consisted of very dark grayish brown to dark gray fine to medium sandy silty clay, grading into mottled grayish brown and brownish yellow fine to medium sandy silty clay at a depth of approximately 12-inches. Groundwater was observed in the soil borings advanced in this area at a depth of approximately 8-inches below grade. The predominant vascular plants observed in the canopy of Area A included willow oak (Quercus phellos), red cedar (Juniperus virginiana) and chalk maple (Acer leucoderme). The National List of Vascular Plant Species that Occur in Wetlands: 1996 National Summary, published by the US Fish and Wildlife Service indicates the willow oak to be a facultative wetland (FACW-) plant, and the red cedar to be a facultative (FAC) plant. While chalk maple is unranked in the National List, Mr. Earl Dickerson July 26, 2002 ' Page 3 the Audubon Society Field Guide to North American Trees, Eastern Region published in 1980 ' indicates this species to be common to moist soils associated with streams and river banks. FACW- plants are typically described as species that have greater than a 66% probability of being associated with wetlands. FAC plants are described as species which have approximately a 50% probability of being associated with either wetlands or uplands. The predominant vascular plants observed in the under story within Area A included privet hedge (Ligustrum sinense) and chalk maple. The National List defines privet hedge to be a FAC plant. ' The ground cover and woody vine plants observed in Area A included green briar (Smilax), trumpet creeper (Campsis radicans) and poison ivy (Toxicondendron radicans). Both trumpet creeper and I poison ivy are defined in the National List as a FAC species. Wetlands Area B was observed along the western property line. This wetlands is approximately ' 0.112 acres bound to the west by commercial off-site development and to the east by the remains of an old logging road. As a result of the site topography and the presence of the old logging road, surface water received by this wetlands appears to be primarily from off-site. Based on the ' topography of the site, Area B appears to be an Ephemeral Wetlands substantially modified by the historic logging of the site and the subsequent development of the surrounding properties. The soil encountered in Area B consisted of very dark grayish brown fine sandy silt. Groundwater was observed in the hand auger borings at a depth of approximately 8-inches below the ground surface. The predominant vascular plants observed within the canopy in Area B included red cedar (Juniperus virginiana), sweet gum (Liquidambar styraciua), and american elm (Ulmus americana). Sweet gum is defined in the National List as a FAC+ species. Plants defined as FAC+ typically have a slightly greater than 50% probability of being associated with wetlands. American elm is defined in the National List as a FACW species. The predominant vascular plants observed in the under story of Area B included privet hedge (Ligustrum sinense), american hornbeam (Carpinus caroliniana), and red cedar (Juniperus virginiana). American hornbeam is defined in the National List as a FAC species. The ground cover and woody vines observed in Area B included green briar (Smilax), trumpet creeper (Campsis radicans) and japanese honeysuckle (Loniceria japonica). Japanese honeysuckle is defined in the National List as a FAC- species. Plants defined as FAC- typically have a slightly greater than 50% probability of being associated with upland areas. Mr. Earl Dickerson July 26, 2002 ' Page 4 Wetlands Area C and E are contiguous wetlands located along a ephemeral channel upstream of the I on-site intermittent channel. The combined area of these two wetlands is approximately 0.786 acres. This portion of the site appears to receive surface water drainage from both on and off site. Discharges to these wetlands include storm water released from a retention pond associated with I Phase IV of the Steele Creek Subdivision currently under development immediately south ofthe site. Wetlands C and E appear to represent a Seep Wetlands located along the banks of an ephemeral stream channel up stream of the headwaters of the on-site intermittent stream channel. Historic ' logging of the site and subsequent construction activities on the adjoining parcels, including a stormwater retention pond discharging to this area of the site, have had an impact on this area of the site. The soil profile observed in Areas C and E consisted of very dark brown sandy silty clay grading into very dark gray sandy silty clay at a depth of approximately 12-inches. Groundwater was observed in the hand auger borings at a depth of approximately 8-inches below the surface of the ground. The predominant vascular plants observed within the canopy in Areas C and E included red cedar (Juniperus virginiana), sweet gum (Liquidambar styracflua), and chalk maple (Acer leucoderme). The predominant vascular plants observed in the under story of Areas C and E included privet hedge (Ligustrum sinense), american ehn (Ulmus americana), and chalk maple (Acer leucoderme). The ground cover and woody vines observed in Areas C and E included green briar (Smilax), trumpet creeper (Campsis radicans) and poison ivy (Toxicodendron radicans). Wetlands Area D is 0.054 acre area located immediately west of Area B. Area D appears to be an ephemeral wetlands not associated with surface drainage features on the site. The soil encountered in Area D consisted of dark gray sandy clayey silt grading into a dark gray brown sandy clayey silt at a depth of approximately 6-inches. Groundwater was encountered in the borings advanced in this area at a depth of approximately 6-inches below the ground surface. The predominant vascular plants observed within the canopy in Area D included red cedar (Juniperus virginiana), sweet gum (Liquidambar styracflua), and chalk maple (Acer leucoderme). The predominant vascular plants observed in the under story of Area D included privet hedge (Ligustrum sinense), sweet gum (Liquidambar styraciflua), and red cedar (Juniperus virginiana). The ground cover and woody vines observed in Area D included green briar (Smilax) and smart weed (Polygonum hydropiper). Smart weed is defined in the National List as an obligatory wetland species (OBL). Mr. Earl Dickerson July 26, 2002 I Page 5 For comparison purposes, the upland portion of the site surrounding the five wetland areas has also I been described on an attached Wetlands Determination Form. As indicated in the above descriptions, the site has been logged historically. As a result of these historic logging activities, the upland portion of the site is bisected in several locations with grown over logging roads. On site I drainage features have apparently been altered by these activities. As indicated above, the eastern boundary of Wetland Areas A and B appear to be created by the presence of one of these former roads. Further, two ephemeral stream channels currently bisect the site in an east to west direction. I These stream channels are generally parallel, and appear to represent man made road side drainage features for a former logging road. As indicated in the Wetlands Determination Form the soil type encountered in hand auger borings advanced adjacent to the wetland areas appears to be MeB. The soil profiles associated with these hand auger borings indicated the soil to be dark yellowish brown fine to medium sandy silt. The predominant vascular plants observed in the over story included sweet gum (liquidambar styraciflua), chalk maple (Ater leucoderme) and red cedar (Juniperus virginiana). The predominant vascular plants observed in the under story included sweet gum (liquidambar styraciflua), red cedar (Juniperus virginiana) and privet hedge (Ligustrum sinense). The ground cover and woody vines observed at the site included green briar (Smilax), trumpet creeper (Campsis radicans) and japanese honeysuckle (Loniceria japonica). One intermittent stream channel was observed on the site. This channel consisted of a headwaters located immediately down gradient of Wetland Area E and flowing off site through a culvert on the western property line. This channel is generally sinuous, with a weak flood plain present. The intermittent stream is a first order stream expressing a relatively continuous bed and bank. The bed of the stream is relatively free of leaf litter with the exception of minor amounts of material wracked up stream of fibrous roots and rocks. At the time of the site visit, no evidence of fish, amphibians, turtles or crayfish were observed. A completed North Carolina Division of Water Quality (NCDWQ) Stream Classification Form is presented in Attachment B. Based on the March 19, 2002 field observations, five areas exhibiting the characteristics associated with wetlands and one intermittent stream were observed on the assessed site. The on-site wetlands appear to be primarily ephemeral wetlands and seep wetlands that have been substantially modified as a result of historic on-site logging activities, and off site development. The on site intermittent stream originates in a headwaters immediately down gradient of Wetlands Area E, exiting the site via a culvert on the western property boundary. i i i i i i i r 4??'i? r'S .'{,? ,1!lat •r+t - .. , 141 e4 1, rte: - r! *l ' --won SITE LQC r'ION rt `°-gHU?. ;bin, l ,4 Kh' . A Y .. .. ph" 01989-2002 reci: Not rorNauigation .II Right--v R .er, , _ f r' ;x ter" ' ":' t SOURCE: MAPTECH.COM K APPROXIMATE SCALE 1 INCH=2000 FEET 0 2000 4000 HARMON ENVIRONMENTAL FIGURE 1 815 BRUCE THOMAS ROAD SITE LOCATION MAP MONROE, NORTH CAROLINA 28112 WESTBRIDGE DEVELOPMENT (704) 784-6894 PHONE & FAX 33-ACRE SITE OFF STEELE CREEK ROAD HARMONOINTERLM-CAFLCOM CHARLOTTE NORTH CAROLINA ` N O C n m r c n D I m O Z7 D Z Z n O O m 0 N O O N --1 O O G7 -0 s n D 0 I ? I o 0 ? z? =X II ? 0? c? 60 Z x g c?i Z yc N O ' z I 0i x c p Z m I oho Zo ° x m c D n 0 r - m G) m z 0 APPROXIMATE NORTH HARMON ENVIRONMENTAL FIGURE 2 615 BRUCE THOMAS ROAD TOPOGRAPHIC MAP MONROE, NORTH CAROLINA 28112 WESTBRIDGE DEVELOPMENT, INC. (704) 764-5694 PHONE & FAX 33-ACRE SITE OFF STEELE CREEK ROAD HARMON®INTERLINK-CAFE.COM CHARLOTTE, NORTH CAROLINA 3 APPROXIMATE SCALE 1 INCH=2000 FEET SOURCE: SOIL. SURVEY OF MECHLENBURG COUNTY 0 2000 4000 HARMON ENVIRONMENTAL FIGURE 3 815 BRUCE THOMAS ROAD SOIL MAP MONROE. NORTH CAROLINA 28112 WESTBRIDGE DEVELOPMENT (704) 784-5894 PHONE & FAX 33-ACRE SITE OFF STEELE CREEK ROAD MARMON*INTSRLlNK-CAFE.COM CHARLOTTE NORTH CAROLINA MM M m m m ? ? ? ? ? ? ? ? ttttttt? tltt? 11111111111P ttlttl? s • _ wife X g 1^ ?o gRi it z=??F ? aglf ? a 9 ?rys ,cif orb, w? 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View of Wetlands Area E (July, 2002) HARMON ENVIRONMENTAL WETLANDS PHOTO( 615 BRUCE THOMAS ROAD PROPOSED STEELE CREE] MONROE, NORTH CAROLINA 28112 PHASE V (704) 764-5694 PHONE & FAX CHARLOTTE, NORTH 1 PHOTOGRAPH 1. View of Wetlands Area C (July, 2002) PHOTOGRAPH 3. View of Wetlands Area D (July, 2002) PHOTOGRAPH 4. View of ephemerial channel (July, 2002) HARMON ENVIRONMENTAL WETLANDS PHOTOGRAPHS 615 BRUCE THOMAS ROAD PROPOSED STEELE CREEK SUBDIV MONROE, NORTH CAROLINA 28112 PHASE V (704) 764-5694 PHONE & FAX CHARLOTTE, NORTH CAROLINA i i Attachment A Wedand Determination Forms DATA FORM 1 WETLAND DETERMINATION Applicant Application Project Name: Westbridae Development Inc. Number: Name: Steele Creek - Phase V State: NC County: Mecklenburg Legal Description : Township : Range: Date: 03/19/02 Plot No: A Section: Vegetation [list the three dominant species in each vegetation layer (5 if only 1 or 2 layers)]. observed morphological or known physiological adaptions with a asterisk. Indicator Species Status Species Trees 1. Quercus phellos 2. Acer leucoderme 3. Juniperus virginiana Sa lljWj shrubs 4. Ligustrum sinense 5. Acer leucoderme 6. Herbs FACW - 7. 8. FAC 9. Indicate species with Indicator Status Woody vines FAC 10. smilax 11. Campsis radicans FAC 12. Toxicodendron radicans FAC % of species that are OBL, FACW., and/or FAC. > 60% Other indicators: Buttressed Trucks Hydrophytic vegetation: Yes X No Basis: Predominance of FAC and FACW- species Soil Series and phase: Wilkes loam On hydric soils list? Yes No X Mottled: Yes X No _ Mottle color: 10YR6/6 ;Matrix color: I OYR5/2 Gleyed: Yes No X Other indicators: Water a, Approx. 8-inches Hydric soils: Yes X No , Basis: Depth to groundwater Hydrology Inundated: Yes No X Depth of standing water: None Saturated soils: Yes X No - Depth to saturated soil:_Approx. 8-itches Other indicators: Wetland hydrology: Yes X No Basis: Saturated Soil Atypical situation: Yes No X Normal Circumstances? Yes X No Wetland Determination: Wetland X Nonwetland Comments: Area flagged A-1 to A-8 Determined by: B4 Appendix B Blank and Example Data Forms DATA FORM 1 WETLAND DETERMINATION ' Applicant Application Project Name: Westbridge Development Inc. Number: Name: Steele Creek - Phase V State: NC County: Mecklenburg Legal Description : Township : Ranger ' Date: 03/19/02 Plot No: B Section: Vegetation [list the three dominant species in each vegetation layer (5 if only 1 or 2 layers)]. Indicate species with ' observed morphological or known physiological adaptions with a asterisk. Indicator Indicator S ecies Status Species Status ' Trees Herbs 1. Liquidambar styraciflua FAC+ 7. Juniperus virginiana FAC 2. Juniperus virginiana FAC 8. ' 3. Ulmus americana FACW 9. Saplings/shrubs Woody vines 4. Ligustrum sinense FAC 10. Smilax ' 5. Carpinus caroliniana FAC 11. Campsis radicans FAC 6. Juniperus virginiana FAC 12. Lonicera japonica FAC- % of species that are OBL, FACW., and/or FAC. > 50% Hydrophytic vegetation: Yes X No Soil Other indicators: Buttressed Trucks Basis: Predominance of FAC and FACW species Series and phase: Wilkes loam On hydric soils list? Yes No X Mottled: Yes No X Mottle color: ;Matrix color: 10YR3/2 Gleyed: Yes No X Other indicators: Water . Approx. 8-inches Hydric soils: Yes X No _ Basis: Depth to groundwater Hydrology Inundated: Yes No X Saturated soils: Yes X No Other indicators: Wetland hydrology: Yes X No Atypical situation: Yes No X Normal Circumstances? Yes X No Wetland Determination: Wetland X ; Comments: Area flagged B-1 to B-12 Depth of standing water: None Depth to saturated soil: Approx. 8-inches Basis: Saturated Soil Nonwetland Determined by: A- B4 Appendix B Blank and Example Data Forms ' DATA FORM 1 WETLAND DETERMINATION ' Applicant Application Project Name: Westbridge Development Inc. Number: Name: Steele Creek- Phase V State: NC County: Mecklenburg Legal Description : Township : Range: ' Date: 03/19/02 Plot No: C&E Section: Vegetation [list the three dominant species in each vegetation layer (5 if only 1 or 2 layers)]. Indicate species with observed morphological or known physiological adaptions with a asterisk. ' Indicator Indicator Species Status Species Status Trees Herbs ' 1. Liyuidambar styraciua FAC+ 7. 2. Acer leucoderme 8. 3. Juniperus virginiana FAC 9. ' Saplings/shrubs Woody vines 4. Ligustrum sinense FAC 10. smilax 5. Acer leucoderme H. Campsis radicans FAC ' 6. Ulmus americana FACW 12. Toxicodendron radicans FAC % of species that are OBL, FACW., and/or FAC. > 50% Other indicators: Buttressed Trucks Hydrophytic vegetation: Yes X No Basis: Predominance of FAC species Soil Series and phase: Wilkes loam On hydric soils list? Yes No X Mottled: Yes X No Mottle color: ;Matrix color: I OYR2/2 Gleyed: Yes No X Other indicators: Water 0, Approx. 8-inches Hydric soils: Yes XX No _ Basis: Depth to groundwater Hydrology Inundated: Yes No X Depth of standing water: None Saturated soils: Yes X No Depth to saturated soil: Approx. 8-inches Other indicators: Wetland hydrology: Yes X No _ Basis: Saturated Soil Atypical situation: Yes No X Normal Circumstances? Yes _X No Wetland Determination: Wetland X Nonwetland Comments: ' Area flagged C-1 to C-2I and )sl to E-13 Determined by: B4 1 Appendix B Blank and Example Data Forms DATA FORM 1 WETLAND DETERMINATION ' Applicant Name: Westbrid a Development Inc. State: NC County: Mecklenburg ' Date: 03/19/02 Legal Description : Township : Range: Plot No: D Section: Project Name: Steele Creek Phase V Vegetation [list the three dominant species in each vegetation layer (5 if only 1 or 2 layers)]. observed morphological or known physiological adaptions with a asterisk. ' Indicator Species Status S ecies Trees Herbs ' 1. Liquidambar styraciua FAC+ 7. Polygonum hydropiper 2. Acer leucoderme 8. 3. Juniperus virginiana FAC 9. ' Saplings/shrubs Woody vines 4. Ligustrum sinense FAC 10. Smilax 5. Juniperus virginiana FAC 11. ' 6. Liquidambar styrac j?ua FAC+ 12. Indicate species with Indicator Status OBL % of species that are OBL, FACW., and/or FAC. > 50% Other indicators: Buttressed Trucks Hydrophytic vegetation: Yes X No Basis: Predominance of FAC species Soil Series and phase: Wilkes loam On hydric soils list? Yes No X Mottled: Yes No X Mottle color: :Matrix color: 10YR4/2 Gleyed: Yes No . X Other indicators: Water A rox. 6-inches Hydric soils: Yes X No _ Basis: Depth to Groundwater Hydrology Inundated: Yes No X Depth of standing water: Saturated soils: Yes X No Depth to saturated soil: Approx. 6-inches Other indicators: Wetland hydrology: Yes X No Basis: Saturated Soil Atypical situation: Yes No X Normal Circumstances? Yes X No Wetland Determination: Wetland X Nonwetland Comments: Area flagged D-1 to D-5 Determined by: ?.?. Application Number: B4 Appendix B Blank and Example Data Forms ' DATA FORM 1 WETLAND DETERMINATION ' Applicant Application Project Name: Westbridge Development Inc Number: Name: Steele Creek Phase V State: NC County: Mecklenburg Legal Description : Township : Range: ' Date:03/19/02 Plot No: Non-Wetland Areas Section: Ve eg motion [list the three dominant species in each vegetation layer (5 if only I or 2 layers)]. Indicate species with ' observed morphological or known physiological adaptions with a asterisk. Indicator Indicator Species Status Species Status Trees Herbs ' 1. Liquidambar styraciua FAC+ 7. 2. Acer leucoderme g. 3. Juniperus virginiana FAC 9. ' Saplings/shrubs Woody vines 4. Ligustrum sinense FAC 10. smilax ' 5. Juniperus virginiana FAC 11. Campsis radicans FAC b. Liquidambar styracflua FAC+ 12. Lonicera japonica FAC- % of species that are OBL, FACW., and/or FAC. < 50% Other indicators: ' Hydrophytic vegetation: Yes No X Basis: Soil decd tion and hydrology ' Soil Series and phase: Mecklenburg fine sandy loam On hydric soils list? Yes No X Mottled: Yes No X Mottle color: ;Matrix color: 10YR3/4 Gleyed: Yes No X Other indicators: None observed ' Hydric soils: Yes _ No X Basis: Hydrology ' Inundated: Yes No X Depth of standing water: None Saturated soils: Yes No Depth to saturated soil: None Other indicators: Wetland hydrology: Yes No X Basis: ' Atypical situation: Yes No X Normal Circumstances? Yes X No ' Wetland Determination: Wetland Nonwetiand X ' Comments: ' Determined by: I B4 Appendix B Blank and Example Data Forms i i t J Attachment B NCDWQ Stream Classification Form fl NCDWQ Stream Classification Form Project Name: Steele Creek Phase V River Basin: Catawba County: Mecklenburg Evaluator: R?ic and H on DWQ Project Number: Nearest Named Stream: Stowes Branch Latitude: 35°09'00" Signature: f^" J Date: 8/24/01 USGS QUAD: Derita, NC Longitude: 80°58'57" Location/Directions: 'PLEASE NOTE: If evaluator and landowner agree that the feature is a man-made ditch, then use of this form is not necessary. Also, if the best professional judgement of the evaluator, the feature is a man-made ditch and not a modified natural stream - this rating system should not be used' Primary Field Indicators: (Circle One Number Per Line) L Genmornholoev Absent 5) Is there An Active (Or Relic) Is A Continuous Bed & Bank Present? 0) Is a 21 Order Or Greater Channel (As Indicated On Topo Map and/or in Field) Present? Yes = 3 No 0 PRIMARYGEOMORPHOLOGYINDICATORPOINTS. I I II Hvdroloev Absent Weak Moderate _ Strone 1) Is there a Groundwater 1 1-inierharoP Pr~nt? 0 3 INDICATOR POINTS: PRIAL4RYBIOLOGYINDICATOR POINTS: Secondary Field Indicators: (Circle One Number Per Line) IL gydp* Absent Weak Moderate Strong T7r% 7e r c a fitter Drainage Way? u .a u '• SECONDARY GEOMORPHOLOGYINDICATOR POINTS: !- 5) Is There Water In Channel During Dry 0 5 j ll ?J Conditions (OR In Growing Season) 6) Are Hydric Soils Present In Sides Of Channel (Or In Headcut)? Yes =f?5 No = 0 SECONDARYHYDROLOGYINDICATOR POINTS: 6 e5 As Noted Above Stop This Step UNLESS SAV Present) SECONDARYBIOLOGYINDICATORPOINTS: TOTAL POINTS (Primary & Secondary) = 2A5.!2 (If Greater Than Or Equal To 19 Pints The Stream Is At Least Intermittent)