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