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HomeMy WebLinkAbout20200502 Ver 1_USACE PCN 040920 _compiled_20200413Preliminary ORM Data Entry Fields for New Actions SAW – 201 BEGIN DATE [Received Date]: Prepare file folder Assign Action ID Number in ORM 1.Project Name [PCN Fm A2a]: 2.Work Type: Private Institutional Government Commercial 3.Project Description / Purpose [PCN Form B3d and B3e]: 4.Property Owner / Applicant [PCN Form A3 or A4]: 5.Agent / Consultant [PCN Form A5 – or ORM Consultant ID Number]: 6.Related Action ID Number(s) [PCN Form B5b]: 7.Project Location - Coordinates [PCN Form B1b]: 8.Project Location - Tax Parcel ID [PCN Form B1a]: 9.Project Location – County [PCN Form A2b]: 10.Project Location – Nearest Municipality or Town [PCN Form A2c]: 11.Project Information – Nearest Waterbody [PCN Form B2a]: Authorization: Section 10 Section 404 Section 10 & 404 Regulatory Action Type: Standard Permit Nationwide Permit # Regional General Permit # Jurisdictional Determination Request Pre-Application Request Unauthorized Compliance Revised 20150602 8 1705 Farmington CIP Sewer Trunk Line (Farmington Sewerline) ✔ PCN submittal for a utility installation in Mecklenburg Co. Charlotte Water Leonard S. Rindner, PLLC / WEPG 35.2877, -80.6799 10538102, 10538385 Mecklenburg Charlotte Fuda Creek 03040105 ✔ ✔12 ✔ 1 April 9, 2020 Ms. Catherine Janiczak U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue Asheville, NC 28801-5006 Mr. Alan Johnson NCDEQ Division of Water Resources 610 East Center Street, Suite 301 Moorseville, NC 28115 Ms. Karen Higgins NCDEQ Division of Water Resources Wetlands & Storm Water Branch 512 North Salisbury Street Raleigh, NC 27604 Mr. Byron Hamstead U.S. Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Subject: Farmington CIP Sewer Trunk Line project; Jurisdictional Determination and Nationwide Permit # 12 Request, Charlotte, Mecklenburg County. Mses. Janiczak and Higgins and Messrs. Johnson, and Hamstead, Enclosed is a request for a Jurisdictional Determination and a Nationwide Permit # 12 for the approximate 3.23-acre site known as the Farmington CIP Sewer Trunk Line project located on the north side of Rocky River Road and immediately adjacent to I-485. The proposed project involves the construction of a sewer trunk installation required to service the proposed Farmington mixed-use development (commercial and residential) project (SAW-2018-01705). A preliminary jurisdictional determination request is included as part of this permit application and is associated with the trunk line located on the west side of I-485. A portion of the project is also located on the east side of I-485; however, the parcels located east of I-485, associated with this project, have already been verified by the USACE as part of the Farmington mixed-use 2 development. Please refer to SAW-2014-01152 for the previous verification and the attached Jurisdictional Determination section for information on site surface waters west of I-485. As shown on the attached exhibits, the proposed project will include temporary impacts to seven wetland areas (Wetlands A/AA, B, C, D, DD, T & L) and two streams (Streams H and K). Impacts to site surface waters associated with the proposed development were limited through location/orientation of the proposed trunk line and minimizing the temporary and permanent access widths of the proposed working corridors. Total temporary impacts proposed are to 0.055 acres of wetlands and to 80 linear feet of stream channel. Temporary stream impacts will be restored as indicated in the included Stream Bank Stabilization Detail. To compensate for the proposed wetland impacts along the corridor, each wetland crossing will require the following: The top 6 to 12 inches of topsoil will be placed on fabric and replaced upon completion The temporary construction corridor will be reestablished with native species and replanted at 260 stems per acre within the wooded corridor The permanent maintenance easement will be reseeded with native stabilization mix Anti-seep collars will be installed per state standards on the downstream side of the wetland impact Also enclosed is a copy of our Threatened/Endangered Species Evaluation for the site. No listed species were identified within the project area and we believe that there will be no effect on listed species or their critical habitat as designated under Section 7 of the Endangered Species Act. Please refer to the Threatened and Endangered Species Evaluation Section for additional details on the terrestrial species evaluation. Thank you for your consideration and please contact me if you have any questions, (704) 999-5279 or email at heath.caldwell@wetlands-epg.com. Sincerely, Heath Caldwell, PWS Len Rindner, PWS Environmental Scientist Principal Permit Application Permit Application Page 1 of 10 PCN Form – Version 1.4 January 2009 Office Use Only: Corps action ID no. _____________ DWQ project no. _______________ Form Version 1.4 January 2009 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: Section 404 Permit Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? Yes No 1d. Type(s) of approval sought from the DWQ (check all that apply): 401 Water Quality Certification – Regular Non-404 Jurisdictional General Permit 401 Water Quality Certification – Express Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: Yes No For the record only for Corps Permit: Yes No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. Yes No 1g. Is the project located in any of NC’s twenty coastal counties. If yes, answer 1h below. Yes No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No 2. Project Information 2a. Name of project: 2b. County: 2c. Nearest municipality / town: 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Farmington Sewer Line Mecklenburg Charlotte APS Investments, Stafford Caldwell HOA Please see attached parcel map John Faulk PO Box 11906 Charlotte, NC, 28220 704-999-5279 email not available 12 Page 2 of 10 4. Applicant Information (if different from owner) 4a. Applicant is: Agent Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Charles Bliss Charlotte Water 5100 Brookshire Boulevard Charlotte, NC, 28216 704-995-7518 cbliss@charlottenc.gov Daniel Kuefler Leonard S. Rindner, PLLC - Wetlands & Environmental Planning Group 10612-D Providence Road, PMB 550 Charlotte, NC 28227 336-554-2728 daniel.kuefler@wetlands-epg.com City of Charlotte Page 3 of 10 PCN Form – Version 1.4 January 2009 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1b. Site coordinates (in decimal degrees): Latitude: Longitude: 1c. Property size: acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: 2b. Water Quality Classification of nearest receiving water: 2c. River basin: 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: 3b. List the total estimated acreage of all existing wetlands on the property: 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3d. Explain the purpose of the proposed project: 3e. Describe the overall project in detail, including the type of equipment to be used: 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? Yes No Unknown Comments: 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. Please refer to attached parcel map. -80.6799 3.23 Fuda Creek C 03040105 - Rocky The project area consists of scattered mixed hardwood forested areas, some vacant cleared fields and utility corridors. General land use in the vicinity is a mixture of undeveloped land and residential/ commercial developments. 0.55 The project consists of sewer installation for a residential development. Excavation of the site will use standard equipment - excavator, dump trucks, track hoe, etc. WEPG A Preliminary Jurisdictional Determination for the additional sewerline easement is requested as part of this PCN package. A PJD was previously approved for the primary development area under SAW-2014-01152. A PCN for Phase 1 was submitted under SAW-2018-01705. Phase 1 includes the impacts associated rough grading, BMP construction and utility installation. Phase 2 will include impacts associated with road crossings. This additional PCN is being submitted for an extended sewer connection. 35.2877 80 See comment below Nic Nelson Page 4 of 10 PCN Form – Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): Wetlands Streams – tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary (T) 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 W2 W3 W4 W5 W6 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. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 S2 S3 S4 S5 S6 3h. Total stream and tributary impacts 3i. Comments: Choose one Choose one Yes/No - Yes/No - Yes/No - Yes/No - Yes/No - Yes/No - 0.055 All proposed impacts are temporary and will be restored to pre-existing conditions as described on the exhibits. Excavation Stream H PER Corps 3 40 Streak K 3 40 80 All proposed impacts are temporary and will be restored to pre-existing conditions as described on the exhibits. - - - - - - Choose one Choose one Choose one Choose one Choose one Choose one Choose one Choose one Choose one Choose one T T - - - - Excavation Choose one Choose one Choose one Choose one PER - - - - Corps - - - - Please see table on separate sheet below Table2.ProposedImpactsInventory/WetlandImpactsWetlandImpactnumberPermanent(P)orTemporaryTypeofImpact WetlandName TypeofWetland TypeofJurisdiction ForestedAreaofImpact(acres)W1T Excavation WetlandDBottomlandHardwoodForestCorps Yes 0.003W2T Excavation WetlandCBottomlandHardwoodForestCorps Yes 0.008W3T Excavation WetlandA/AABottomlandHardwoodForestCorps Yes 0.001W4T Excavation WetlandBBottomlandHardwoodForestCorps Yes 0.001W5T Excavation WetlandTBottomlandHardwoodForestCorps Yes 0.004W6T Excavation WetlandDDBottomlandHardwoodForestCorps Yes 0.023W7T Excavation WetlandLBottomlandHardwoodForestCorps Yes 0.0150.055TotalWetlandImpacts Page 5 of 10 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary (T) 4b. Name of waterbody (if applicable 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) O1 O2 O3 O4 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) 5a. Pond ID number 5b. Proposed use or purpose of pond Flooded Filled Excavated Flooded Filled Excavated 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.Project is in which protected basin? Neuse Tar-Pamlico Catawba Randleman Other: 6b. Buffer Impact number – Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 B2 B3 B4 B5 B6 6h.Total Buffer Impacts: 6i. Comments: Choose one Choose Choose one Yes/No - - - - Choose one Choose one Choose one Choose Choose Choose Choose one - - - - - - Yes/No Yes/No Yes/No Yes/No Yes/No ) Page 6 of 10 PCN Form – Version 1.4 January 2009 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2b. If yes, mitigation is required by (check all that apply): DWQ Corps 2c. If yes, which mitigation option will be used for this project? Mitigation bank Payment to in-lieu fee program Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Type: Type: Quantity: Quantity: Quantity: 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: 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. Due to the location of the on site streams and wetland, opportunities to avoid these areas were limited. Impacts to site surface waters associated with the proposed development were limited through location/orientation of the proposed trunk line and minimizing the temporary and permanent access widths of the proposed working corridors. Temporary stream impacts will be restored as indicated in the included Stream Bank Stabilization Detail. Construction techniques will implement approved erosion control methods to avoid/minimize impacts to onsite/adjacent offsite receiving conveyances. Choose one Choose one Choose one Choose one Page 7 of 10 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) – required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f.Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 8 of 10 PCN Form – Version 1.4 January 2009 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No 1b. If yes, then is a diffuse flow plan included? If no, explain why. Yes No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? % 2b. Does this project require a Stormwater Management Plan? Yes No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government’s jurisdiction is this project? 3b. Which of the following locally-implemented stormwater management programs apply (check all that apply): Phase II NSW USMP Water Supply Watershed Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? Yes No 4. DWQ Stormwater Program Review 4a. Which of the following state-implemented stormwater management programs apply (check all that apply): Coastal counties HQW ORW Session Law 2006-246 Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? Yes No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? Yes No 5b. Have all of the 401 Unit submittal requirements been met? Yes No 0 Sewer line installation. No impervious surfaces are proposed as part of this project. Page 9 of 10 PCN Form – Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes No 1b. If you answered “yes” to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? Yes No 1c. If you answered “yes” to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: Yes No 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 2B .0200)? Yes No 2b. Is this an after-the-fact permit application? Yes No 2c. If you answered “yes” to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes No 3b. If you answered “yes” to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered “no,” provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. As noted above, additional phases will involve impacts associated with road crossings, grading and BMPs associated with a commercial development (previously permitted). N/A. Page 10 of 10 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? 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 status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? Yes No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? Applicant/Agent's Printed Name _______________________________ Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Date A threatened/Endangered species assessment was conducted in which no species were identified. Habitat does exist for the Northern Long Eared Bat but the project is exempt as noted in the included T&E report. No essential fish habitat in this region. SHPO's website: http://gis.ncdcr.gov/hpoweb/ polaris 3G; www.fema.gov - Daniel Kuefler 03-30-2020 Daniel Kuefler Digitally signed by Daniel Kuefler DN: cn=Daniel Kuefler, o=WEPG, ou, email=daniel.kuefler@wetlands- epg.com, c=US Date: 2020.03.30 13:59:15 -04'00'  3PDLZ3JWFS3PBEBU"MEFSXPPE-BOF Maps/Plans Maps/Plans Esri, HERE, Garmin, (c) OpenStreetMap contributors, Source: Esri, DigitalGlobe, GeoEye,Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS UserCommunity0600 1,200300Feet³PROJECT LOCATION MAPFARMINGTON CIP SEWER TRNK LINEMecklenburg County, NCSubject to USACE VerificationApril 2020LegendCIP Sewer TrunklineProject Boundary (SAW-2014-01152)FIGURE 1Prepared for: Aerial Imagery Source: Bing Maps 2020 FIGURE NO. 1 FARMINGTON CIP SEWER TRUNK LINE Mecklenburg, NC VICINITY MAP -WATERS OF THE U.S.- EXISTING CONDITIONS STUDY SUBJECT TO USACE/NCDEQ VERIFICATION DATE: 04/09/20 Drawn By: DCK BLK Reviewed By: PROJECT BOUNDARY STUDY LIMITS SITE FIGURE NO. 2 FARMINGTON CIP SEWER TRUNK LINE Mecklenburg, NC AERIAL MAP -WATERS OF THE U.S.- EXISTING CONDITIONS STUDY SUBJECT TO USACE/NCDEQ VERIFICATION DATE: 04/09/20 Drawn By: DCK BLK Reviewed By: PROJECT BOUNDARY STUDY LIMITS Aerial Imagery Source: Bing Maps 2020 Aerial Imagery Source: Bing Maps 2020 FIGURE NO. 3 FARMINGTON CIP SEWER TRUNK LINE Mecklenburg, NC USGS MAP -WATERS OF THE U.S.- EXISTING CONDITIONS STUDY SUBJECT TO USACE/NCDEQ VERIFICATION DATE: 04/09/20 Drawn By: DCK BLK Reviewed By: PROJECT BOUNDARY STUDY LIMITS FUDA CREEK LOCATION Lat: 35.2888 N Long: -80.6774 W HUC: 03040105 ROCKY SCALE 1:24,000 ACRES 3.23 USGS QUAD Harrisburg, NC 1993 NRCS Soil Survey Manuscript Mecklenburg (1980) FIGURE NO. 4 FARMINGTON CIP SEWER TRUNK LINE Mecklenburg, NC PARCEL MAP -WATERS OF THE U.S.- EXISTING CONDITIONS STUDY SUBJECT TO USACE/NCDEQ VERIFICATION DATE: 04/09/20 Drawn By: DCK BLK Reviewed By: PROJECT BOUNDARY STUDY LIMITS FIGURE NO. 4a FARMINGTON CIP SEWER TRUNK LINE Mecklenburg, NC SOIL LEGEND -WATERS OF THE U.S.- EXISTING CONDITIONS STUDY SUBJECT TO USACE/NCDEQ VERIFICATION DATE: 04/09/20 Drawn By: DCK BLK Reviewed By: Parcel Data Sources: Polaris 3G (2020) FIGURE NO. 5 FARMINGTON CIP SEWER TRUNK LINE Mecklenburg., NC PARCEL MAP -WATERS OF THE U.S.- EXISTING CONDITIONS STUDY SUBJECT TO USACE/NCDEQ VERIFICATION DATE: 04/09/20 Drawn By: DCK BLK Reviewed By: PROJECT BOUNDARY STUDY LIMITS MECKLENBURG PARCEL ID: 10538385 STAFFORD CALDWELL HOMEOWNERS ASSOCIATION INC PO BOX 11906 CHARLOTTE NC 28220 MECKLENBURG PARCEL ID: 10538102 APS INVESTMENTS LLC PO BOX 43689 CHARLOTTE NC 28234 MECKLENBURG PARCEL ID: 10536101 ROCKY RIVER ROAD ASSOC., LLC C/O MPV PROPERTIES 2400 SOUTH BLVD, STE 300 CHARLOTTE, NC, 28203 Figure 6 Figure 7 Figure 8 Figure 8 Figure 8 Figure 10 Figure 11 Figure 12 Figure 13 Figure 15 Figure 13 Figure 14 Figure 15 Figure 16 Figure 17 Jurisdictional Determination Jurisdictional Determination Information 1 January 2020 U.S. Army Corps of Engineers – Wilmington District - Regulatory Division REQUEST FOR JURISDICTIONAL DETERMINATION (JD) (For Jurisdictional Status and Identifying Wetlands and Other Aquatic Resources) I.PROPERTY AND CONTACT INFORMATION A.Site Details/Location: Site Name/Number:Request Date: County: Acreage: Latitude*: Longitude*: Parcel ID Number (PIN) #(s): Property Address: City: State: Zip Code: File number(s) of previous determinations associated with the site: *Coordinates must be provided in decimal degrees ONLY. B.Property Owner Information (if there are multiple property owners, complete an additional owner sheet) First Name: Last Name: Company Name (if applicable): Address: City: State: Zip Code: Daytime Phone: Email: C.Requestor of Jurisdictional Determination/Delineation ______Same as Property Owner First Name: Last Name: Company Name (if applicable): Address: City: State: Zip Code: Phone: Email: D.Agent Acting on Behalf of the Requestor (must include an agent authorization signed by requestor): First Name: Last Name: Company Name (if applicable): Address: City: State: Zip Code: Phone: Email: II.REASON FOR REQUEST III.TYPE OF REQUEST: (check all that apply) Approved1 Jurisdictional Determination (AJD) Preliminary2 Jurisdictional Determination (PJD) I am uncertain and request and require additional information to inform my decision 1Approved – An AJD is defined in Corps regulations at 33 CFR 331.2. As explained in further detail in RGL 16-01, an AJD is used to indicate that this office has identified the presence or absence of wetlands and/or other aquatic resources on a site, including their accurate location(s) and boundaries, as well as their jurisdictional status. AJDs are valid for 5 years. 2Preliminary – A PJD is defined in Corps regulations at 33 CFR 331.2. As explained in further detail in RGL 16-01, a PJD is used to indicate that this office has identified the approximate location(s) and boundaries of wetlands and/or other aquatic resources on a site that are presumed to be subject to regulatory jurisdiction of the Corps of Engineers. Unlike an AJD, a PJD does not represent a definitive, official determination that there are, or that there are not, jurisdictional aquatic resources on a site, and does not have an expiration date. Farmington CIP Sewer Trunk Line 04/09/2020 Mecklenburg 1.3 35.2877 -80.6799 10538102, 10538385 David Jennings Ave Charlotte NC 28213 John Faulk Hawthorne Management Company 13218 David Jennings Avenue Charlotte NC 28213 704-377-0114 not available Charles Bliss Charlotte Water 5100 Brookshire Blvd Charlotte NC 28214 704-995-7518 cbliss@charlottenc.gov Daniel Kuefler Wetlands and Environmental Planning Group 10612-D Providence Road Charlotte NC 28277 336-554-2728 daniel.kuefler@wetlands-epg.com Jurisdictional Determination Request for a Residential Developement ✔ 2 January 2020 IV. SUPPORTING INFORMATION (agents/environmental consultants only) – please list the number and date of all figures/maps/datasheets included in the delineation report – all sources must be properly cited on the figure/map. Delineation Map USGS Topo NRCS Soils Survey USFWS NWI FEMA/FIRM Maps USGS NHD USGS HUC Navigable waters' study Aerial Imagery Wetland Datasheet (data point labels) Photo Log Other sources: V.AGENT/REQUESTOR CERTIFICATION (agent or requestor listed in Section I (C) or (D) of this request) By signing below, I certify that the information in this document and any attached documents is true and correct to the best of my knowledge. Signature Printed Name and Date VI. LEGAL RIGHT OF ENTRY (owner listed in Section I(B) of this request - if there are multiple property owners, complete an additional owner sheet) By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on-site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am a duly authorized owner of record or easement holder of the property identified herein or have other legal or statutory authority to allow right-of entry onto this property. Signature Printed Name and Date ASHEVILLE REGULATORY FIELD OFFICE US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 CHARLOTTE REGULATORY FIELD OFFICE Please use the Asheville Field Office phone contacts for the Charlotte Regulatory Field Office until further notice RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 General Number: (910) 251-4633 WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, NC 27889 General Number: (910) 251-4610 Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USACE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for a jurisdictional determination cannot be evaluated nor can a jurisdictional determination be issued. Daniel Kuefler Digitally signed by Daniel Kuefler DN: cn=Daniel Kuefler, o=WEPG, ou, email=daniel.kuefler@wetlands-epg.com, c=US Date: 2020.03.30 14:55:53 -04'00' Daniel Kuefler 03/30/2020 Please see attached 03/30/2020 Add Aquatic Resource Table Validate and SubmitAdd Additional Owner Sheet Add Agent Authorization Sheet Site Photos 1-4 dated 02/02/2020 Figure 6 dated 12/20/2019 Figure 3 dated 01/27/2020 Figure 4 dated 01/27/2020 Wetland A and Upland DP1 dated 12/20/2019 Figure 2 dated 01/27/2020 Parcel Map - Figure 5 dated 01/27/2020, Vicinity Map - Figure 1 dated 01/27/2020, NCDENR Stream Evaluations (Stream A) dated01 /27/2020 TABLE OF AQUATIC RESOURCES WITHIN REVIEW AREA Waters Name Latitude (decimal degrees) Longitude (decimal degrees) Quantity of resources in review area (number) Measurement Type Cowardin Code Geographic authority (i.e., 404 and/or 10) U.S. State Rapanos Waters Type (For AJDs only) Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USACE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for a jurisd ictional determination cannot be evaluated nor can a jurisdictional determination be issued. Wetland A 35.2870 -80.6817 0.001 acre RP 404 NC Wetland B 35.2875 -80.6806 0.001 acre RP 404 NC Wetland C 35.2877 -80.6804 0.008 acre RP 404 NC Wetland D 35.2881 -80.6803 0.003 acre RP 404 NC U.S. Army Corps of Engineers – Wilmington District - Regulatory Division AGENT AUTHORIZATION I.PROJECT/SITE INFORMATION Name: Property Identification Number(s): II.REQUESTOR AUTHORIZATION I, the undersigned, ________________________,hereby authorize ____________________________, to act on my behalf in all manners relating to all dealings with the U.S. Army Corps of Engineers regarding the project and properties listed above, including taking all necessary actions for the application, processing, issuance, and/or acceptance of a Clean Water Act and/or Rivers and Rivers Act delineations, determinations, and/or permits. Any and all acts carried out by __________________________ on my behalf as it relates to this project and properties shall have the same effect as acts of my own. Signature Date Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USACE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for a jurisdictional determination cannot be evaluated nor can a jurisdictional determination be issued. Farmington Sewer Line 10538102, 10538385 WEPGCharles Bliss WEPG January 2020 U.S. Army Corps of Engineers – Wilmington District - Regulatory Division PROPERTY OWNER INFORMATION AND RIGHT OF ENTRY I.PROPERTY OWNER INFORMATION First Name:Last Name: Company Name: Address: City: State: Zip Code: Phone: Email: Property PIN #(s) II.LEGAL RIGHT OF ENTRY By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on-site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am a duly authorized owner of record of the property identified herein. Signature Date Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USACE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for a jurisdictional determination cannot be evaluated nor can a jurisdictional determination be issued. Alan Blumenthal APS Investments LLC 1355 Greenwood Cliffs Suite200 Charlotte NC 28204 704-377-6555 not available 10538102 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATIONS•¢ By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. FAd/k Print Name Capacity: ❑ Owner 0 Authorized Agent bo , n Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) fir ❑ I intend to constructldevelop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all j urisdictional aquatic resources under Corps authority. Q I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. I intend to construct/develop a project or perform activities in a navigable water of the U.S, which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. I believe that the site may be comprised entirely of dry land. ❑ Other: For NCDOT requests following the current NCDOT/USAGE protocols, skip to Part E. If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Alan Blumenthal Reviewed By: DCK 12/20/19 FIGURE 18 Drawn By: NRN Prepared for: Charlotte Water FARMINGTON – SEWER LINE TRUNK Mecklenburg Co., NC DELINEATION MAP For study purposes only -Subject to USACE/NCDEQ verificationPROJECT BOUNDARY (Limits of Disturbance for Sewerline Installation) WETLAND A/AA -0.001 ac WETLAND B -0.001 ac WETLAND C -0.008 ac WETLAND D -0.003 ac 1 2 3 4 USACE WETLAND FORM A/AA USACE UPLAND DP1 Reviewed By: DCK 12/20/19 FIGURE 19 Drawn By: NRN Prepared for: Charlotte Water FARMINGTON – SEWER LINE TRUNK Mecklenburg Co., NC DELINEATION MAP – Area Overview Draft For study purposes only -Subject to USACE/NCDEQ verificationFUDA CREEK PROJECT BOUNDARY (Limits of Disturbance for Sewerline Installation) INTERMITTENT STREAM WETLAND A/AA WETLAND B WETLAND C WETLAND E WETLAND D WETLAND F 1 2 3 4 *** DRAFT / NOTES *** Farmington –Sewer Line Mecklenburg Co., NC – 12/20/19 FUDA CREEK – PERENNIAL STREAM – PHOTO 1 INTERMITTENT STREAM – PHOTO 2 (Outside of Project Area) (Outside of Project Area) Farmington –Sewer Line Mecklenburg Co., NC – 12/20/19 WETLAND A/AA – PHOTO 3 WETLAND B – PHOTO 4 US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 Project/Site:Sampling Date: Applicant/Owner:State: Sampling Point: Investigator(s): Landform (hillside, terrace, etc.): Subregion (LRR or MLRA): Lat:Long: Soil Map Unit Name: x Are Vegetation , Soil , or Hydrology Yes Are Vegetation , Soil , or Hydrology SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc. No x No x x No x Yes x Yes x Yes x x Surface Water (A1) High Water Table (A2) Saturation (A3) Water Marks (B1) Sediment Deposits (B2) Drift Deposits (B3) Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply) Surface Soil Cracks (B6) Sparsely Vegetated Concave Surface (B8) Drainage Patterns (B10) Moss Trim Lines (B16) Dry-Season Water Table (C2) Crayfish Burrows (C8) Saturation Visible on Aerial Imagery (C9) Secondary Indicators (minimum of two required) Geomorphic Position (D2) Shallow Aquitard (D3) Microtopographic Relief (D4) FAC-Neutral Test (D5) Inundation Visible on Aerial Imagery (B7) Water-Stained Leaves (B9) Aquatic Fauna (B13) Algal Mat or Crust (B4) Wetland Hydrology Present? Stunted or Stressed Plants (D1) NoYes Is the Sampled Area Upland Data Point 1 was taken approximately 15' South of Wetland A/AA. HYDROLOGY Yes Yes Yes Hydric Soil Present? Hydrophytic Vegetation Present? Wetland Hydrology Present? Nowithin a Wetland?Yes No No Water Table Present? Remarks: Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Depth (inches): Depth (inches): Depth (inches): No Saturation Present? (includes capillary fringe) City/County:Farmington - Sewer Line Charlotte/Mecklenburg Upland DP1 12/20/19 NC WETLAND DETERMINATION DATA SHEET – Eastern Mountains and Piedmont Region No Section, Township, Range:NRN 0-2ConcaveFloodplain Datum:-80.681735.2870LRR P, MLRA 136 NWI classification:MO: Monacan loam Slope (%):Local relief (concave, convex, none): Surface Water Present? Yes NoAre climatic / hydrologic conditions on the site typical for this time of year? (If no, explain in Remarks.) significantly disturbed? naturally problematic? Are “Normal Circumstances” present? (If needed, explain any answers in Remarks.) Remarks: Field Observations: True Aquatic Plants (B14) Hydrogen Sulfide Odor (C1) Oxidized Rhizospheres on Living Roots (C3) Presence of Reduced Iron (C4) Recent Iron Reduction in Tilled Soils (C6) Thin Muck Surface (C7) Other (Explain in Remarks) Iron Deposits (B5) Charlotte Water X US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 Sampling Point: (Plot size: 1. 2. 3. 4. 5. 6.(A/B) 7. 50% of total cover: 20% of total cover: x 1 = Sapling/Shrub Stratum (Plot size:x 2 = 1.x 3 = 2.x 4 = 3.x 5 = 4.Column Totals:(B) 5. 6. 7. 8. 9. 4 - Morphological Adaptations1 (Provide supporting 50% of total cover: 20% of total cover: Herb Stratum (Plot size: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 50% of total cover: 20% of total cover: Woody Vine Stratum (Plot size: 1. 2. 3. 4. 5. 50% of total cover:20% of total cover:Yes X28 =Total Cover55 Toxicodendron radicans 35 Yes Yes FACU Remarks: (Include photo numbers here or on a separate sheet.) )5 =Total Cover FACUYes 11 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >50% VEGETATION (Four Strata)– Use scientific names of plants. 50 20 20 0 20 Yes FACU Yes Yes UPL FACU No 60 0 580 Multiply by: 0 4.10Prevalence Index = B/A = FACU 0 FACU Yes UPL Prevalence Index worksheet: FACU Total % Cover of: 20 145 (A) (B) (A) No 4 615 10 30 Definitions of Four Vegetation Strata: Woody Vine – All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? FAC =Total Cover Herb – All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.28 ft tall. 15 ) Parthenocissus quinquefolia 20 Rubus argutus 5 10 Carya tomentosa Elephantopus carolinianus 20 30 Quercus rubra Quercus alba Tree Stratum ) =Total Cover Quercus alba Carya tomentosa Quercus rubra Liriodendron tulipifera 30 ) 100 Indicator Status 30 30 Yes Dominant Species? Yes 10 5 FACU OBL species FACW species FAC species 20 Sapling/Shrub – Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Tree – Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. 1Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Absolute % Cover 11.1% Percent of Dominant Species That Are OBL, FACW, or FAC: 1 data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) No Upland DP1 1 9 FACU species UPL species Hydrophytic Vegetation Indicators: 200 840 40 205 Total Number of Dominant Species Across All Strata: Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 Depth (inches):x Sampling Point: Yes Restrictive Layer (if observed): Remarks: This data sheet is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. Hydric Soil Present? Type: Histosol (A1) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) Loc2 Loamy/Clayey100 Color (moist) Matrix 7.5YR 6/80-20 Upland DP1SOIL Type1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Redox FeaturesDepth (inches) Color (moist)Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.2Location: PL=Pore Lining, M=Matrix. %%Texture Depleted Below Dark Surface (A11) Thick Dark Surface (A12) Sandy Mucky Mineral (S1) Sandy Redox (S5) Stripped Matrix (S6) Iron-Manganese Masses (F12) (LRR N,Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, Umbric Surface (F13) (MLRA 122, 136) Piedmont Floodplain Soils (F19) (MLRA 148) Sandy Gleyed Matrix (S4)MLRA 136) Dark Surface (S7)unless disturbed or problematic.Red Parent Material (F21) (MLRA 127, 147, 148) No Hydric Soil Indicators: Polyvalue Below Surface (S8) (MLRA 147, 148) Thin Dark Surface (S9) (MLRA 147, 148) Loamy Gleyed Matrix (F2) Redox Dark Surface (F6) Redox Depressions (F8) Loamy Mucky Mineral (F1) (MLRA 136) Depleted Matrix (F3) Depleted Dark Surface (F7) 2 cm Muck (A10) (MLRA 147) Coast Prairie Redox (A16) Indicators for Problematic Hydric Soils3: (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) Very Shallow Dark Surface (F22) Red Parent Material (F21) (outside MLRA 127, 147, 148) 2 cm Muck (A10) (LRR N) US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 Project/Site:Sampling Date: Applicant/Owner:State: Sampling Point: Investigator(s): Landform (hillside, terrace, etc.): Subregion (LRR or MLRA): Lat:Long: Soil Map Unit Name: x Are Vegetation , Soil , or Hydrology Yes Are Vegetation , Soil , or Hydrology SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc. XNo XNo X XNo X X X X X X X Yes x Yes x Yes x X Surface Water (A1) High Water Table (A2) Saturation (A3) Water Marks (B1) Sediment Deposits (B2) Drift Deposits (B3) Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply) Surface Soil Cracks (B6) Sparsely Vegetated Concave Surface (B8) Drainage Patterns (B10) Moss Trim Lines (B16) Dry-Season Water Table (C2) Crayfish Burrows (C8) Saturation Visible on Aerial Imagery (C9) Secondary Indicators (minimum of two required) Geomorphic Position (D2) Shallow Aquitard (D3) Microtopographic Relief (D4) FAC-Neutral Test (D5) Inundation Visible on Aerial Imagery (B7) Water-Stained Leaves (B9) Aquatic Fauna (B13) Algal Mat or Crust (B4) Wetland Hydrology Present? Stunted or Stressed Plants (D1) NoYes 1 Is the Sampled Area Above average rainfall. HYDROLOGY Yes Yes Yes Hydric Soil Present? Hydrophytic Vegetation Present? Wetland Hydrology Present? Nowithin a Wetland?Yes No No Water Table Present? Remarks: Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: 0 20 Depth (inches): Depth (inches): Depth (inches): No Saturation Present? (includes capillary fringe) City/County:Farmington - Sewer Line Charlotte/Mecklenburg Wetland A/AA 12/20/19 NC WETLAND DETERMINATION DATA SHEET – Eastern Mountains and Piedmont Region No Section, Township, Range:NRN 0-2ConcaveFloodplain Datum:-80.681735.2870LRR P, MLRA 136 NWI classification:MO: Monacan loam Slope (%):Local relief (concave, convex, none): Surface Water Present? Yes NoAre climatic / hydrologic conditions on the site typical for this time of year? (If no, explain in Remarks.) significantly disturbed? naturally problematic? Are “Normal Circumstances” present? (If needed, explain any answers in Remarks.) Remarks: Field Observations: True Aquatic Plants (B14) Hydrogen Sulfide Odor (C1) Oxidized Rhizospheres on Living Roots (C3) Presence of Reduced Iron (C4) Recent Iron Reduction in Tilled Soils (C6) Thin Muck Surface (C7) Other (Explain in Remarks) Iron Deposits (B5) Charlotte Water X US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 Sampling Point: (Plot size: 1. 2. 3. 4. 5. 6.(A/B) 7. 50% of total cover: 20% of total cover: x 1 = Sapling/Shrub Stratum (Plot size:x 2 = 1.x 3 = 2.x 4 = 3.x 5 = 4.Column Totals:(B) 5. 6. 7. 8.X 9.X 4 - Morphological Adaptations1 (Provide supporting 50% of total cover: 20% of total cover: Herb Stratum (Plot size: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 50% of total cover: 20% of total cover: Woody Vine Stratum (Plot size: 1. 2. 3. 4. 5. 50% of total cover:20% of total cover:Yes X =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) )5 =Total Cover FACYes 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >50% VEGETATION (Four Strata)– Use scientific names of plants. 50 20 20 0 Yes Yes FAC FAC No 390 0 0 Multiply by: 0 3.00Prevalence Index = B/A = 0 Yes Prevalence Index worksheet: FAC Total % Cover of: 130 0 (A) (B) (A) Yes 6 820 15 30 Definitions of Four Vegetation Strata: Woody Vine – All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? =Total Cover Herb – All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.28 ft tall. 15 ) 30 5 15 Microstegium vimineum 30 40 Tree Stratum ) =Total Cover Acer rubrum Liquidambar styraciflua Ulmus rubra 30 ) 100 Indicator Status 40 40 Yes Dominant Species? Yes 10 10 OBL species FACW species FAC species Sapling/Shrub – Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Tree – Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. 1Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Absolute % Cover 57.1% Percent of Dominant Species That Are OBL, FACW, or FAC: 1 data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) No Wetland A/AA 4 7 FACU species UPL species Hydrophytic Vegetation Indicators: 0 390 0 130 Total Number of Dominant Species Across All Strata: Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 x x Depth (inches):x Sampling Point: Yes Restrictive Layer (if observed): Remarks: This data sheet is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. Hydric Soil Present? Type: Histosol (A1) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) Loc2 Loamy/Clayey75 C Color (moist) Matrix 10YR 5/1 10YR 5/80-20 Wetland A/AASOIL Type1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Redox FeaturesDepth (inches) Color (moist)Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.2Location: PL=Pore Lining, M=Matrix. %% Prominent redox concentrations Texture 25 PL/M Depleted Below Dark Surface (A11) Thick Dark Surface (A12) Sandy Mucky Mineral (S1) Sandy Redox (S5) Stripped Matrix (S6) Iron-Manganese Masses (F12) (LRR N,Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, Umbric Surface (F13) (MLRA 122, 136) Piedmont Floodplain Soils (F19) (MLRA 148) Sandy Gleyed Matrix (S4)MLRA 136) Dark Surface (S7)unless disturbed or problematic.Red Parent Material (F21) (MLRA 127, 147, 148) No Hydric Soil Indicators: Polyvalue Below Surface (S8) (MLRA 147, 148) Thin Dark Surface (S9) (MLRA 147, 148) Loamy Gleyed Matrix (F2) Redox Dark Surface (F6) Redox Depressions (F8) Loamy Mucky Mineral (F1) (MLRA 136) Depleted Matrix (F3) Depleted Dark Surface (F7) 2 cm Muck (A10) (MLRA 147) Coast Prairie Redox (A16) Indicators for Problematic Hydric Soils3: (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) Very Shallow Dark Surface (F22) Red Parent Material (F21) (outside MLRA 127, 147, 148) 2 cm Muck (A10) (LRR N) Threatened / Endangered / Protected Species Evaluation Farmington Sewer Line Farmington CIP Sewer Trunk Line Farmington Sewer Line - Threatened / Endangered / Protected Species Evaluation 222 GENERAL LANDSCAPE DESCRIPTION: Figure 1: Farmington Sewer Line - Threatened / Endangered / Protected Species Evaluation 3333 METHODOLOGY: Table 1: Threatened / Endangered / Protected Species listed for Mecklenburg County County: Mecklenburg, NC *Source: US Fish & Wildlife Service **Data search on March 30, 2020 Group Name Status Record Status Lasmigona decorata Bombus affinis Echinacea laevigata Helianthus schweinitzii Rhus michauxii Myotis septentrionalis Haliaeetus leucocephalus Farmington Sewer Line - Threatened / Endangered / Protected Species Evaluation 444 SPECIES DESCRIPTIONS: Helianthus schweinitzii Echinacea laevigata Rhus michauxii Haliaeetus leucocephalus Lasmigona decorata Myotis septentrionalis Bombus affinis Farmington Sewer Line - Threatened / Endangered / Protected Species Evaluation 5555 RESULTS: Pinus virginiana Pechinata Liquidambar styraciflua Liriodendron tulipifera Ulmus americana Quercus alba Q.rubra Q. phellos Carya tomentosa Celtis laevigata Fraxinus americana Cornus florida Ilex opaca Prunus serotina Juniperus virginiana Nyssa sylvatica Viburnum prunifolium Ligustrum sinense Vaccinium Elaeagnus angustifolia Lonicera japonica Parthenocissus quinquefolia Vitis rotundifolia Smilax Toxicodendron radicans Polystichum acrostichoides Asplenium platyneuron Chimaphila maculata Lycopodium flabelliforme Erythronium americanum Goodyera pubescens Microstegium vimineum Lespedeza cuneata Solidago Rubus Andropogon virginicus Senicio Sorghum halepense Gnapthalium obtusifolium A. ternarius Eupatorium Threatened & Endangered/Protected Species Results Farmington Sewer Line - Threatened / Endangered / Protected Species Evaluation 6666 RECOMMENDATIONS: Farmington Sewer Line - Threatened / Endangered / Protected Species Evaluation 7777 Curriculum Vitae for: Lisa R. Gaffney Biologist / Botanist Helianthus schweinitzii Hexastylis naniflora Approvals Approvals / Authorizations U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action T.D.: SAW-2014-01152 County: Cabarrus U.S.G.S. Quad: NC-HARRISBURG NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Rocky River Road Associates, LLC Address: 521 E. Morehead Street, Suite 400 Charlotte, North Carolina 28202 Telephone No.: 704 561 5241 Property description; Size (acres): 183 acres Nearest Town: Charlotte Nearest Waterway; Fuda Creels Coordinates: 35.286981,-90,672756 River Basin: Rocky Hydrologic Unit Code: 03040105 Location Description: The site is located on the north side of Rocky River Road and immediately adjacent to the east side of I- 485 and encompasses property in bouth Mecklenburg and Cabarrus County, North Carolina (PIN) 10536101-75 acres, 5506141031-108 acres Indicate Which of the FollowinL, Apply: A. Preliminary Determination _ Based on preliminary information, there may be waters and wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). ). If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are waters and wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. We strongly suggest you have the waters and wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. The waters and wetlands on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. X The waters and wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on June 11, 2014. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Action Id.: SAW-2014-01152 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact William Elliott at 828-271-7980. C. Basis For Determination The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the Interim Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and Piedmont Region. These wetlands are adjacent to stream channels located on the property that exhibit indicators of ordinary high water marks. The stream channel on the property is known as a tributary to Fuda Creek which flows into the Rocky River. The Rocky Flows to the Upper Pee Dee River. Yadkin River joins the Uwharrie River to form the Pee -Dee River. Pee Dee River enters the Atlantic Ocean through Winyah Bay in South Carolina. So drainages in Iredell, Rowan, and Wilkes drain to Yadkin River (before it's confluence with Uwharrie River). Drainages in Cabarrus, Mecklenburg, Stanley, and Union drain to Pee -Dee River. D. Remarks: Jurisdictional "Waters of the US" have been identified on this property as depicted by submitted Jurisdictional Request Package on file. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CPR 331. Enclosed you will find a request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Sheet SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60 days of the issue date below. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. * Corps Regulatory Official: William Elliott Issue Date: August 28, 2015 Expiration Date: August 27, 2020 0 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at littp:l/pert.nwp.usace.agnnl.millsurvey.htmI to complete the survey online. CF: Leonard S. Ridner, PLLC, WEPG 3714 Spokeshave Lane, Matthews, NC 28105 3