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HomeMy WebLinkAbout20042007 Ver 1_Mitigation Information_20120413j q__�Ofl w4wAn Charles Creek CI I EEP ID (IMS# 79) USACE ACTION IDs- #200411819 & #200510632 DWQ 401- #04 -2007 CLOSEOUT REPORT Wetland Restoration and Enhancement Proiect Setting & Classifications County Pasquotank General Location Elizabeth City Basin: Pas uotank Physiographic Region: Coastal Plain Ecoregion: Mid Atlantic Coastal Plain USGS Hydro Unit: 03010205050010 NCDWQ Sub - basin: 03 -01 -50 Wetland Classification Riverine Riparian Thermal Regime: Warm Trout Water: No Year 5 Monitoring 2011 December 2011 Project Performers Source Agency: EEP Designer: S& EC Monitoring Finn Axiom Phragmites Treatment Carolina Silvics Property Interest Holder I EEP Activity or Report Actual Completion or Delivery Restoration Plan March 2005 Construction July 2006 Planting /Permanent Seed Mix Applied July 2006 As -built Report ear 0 — baseline March 2007 Year 1 Monitoring 200 December 2007 Year 2 Monitoring 2008 December 2008 Year 3 Monitoring 2009 November 2009 Year 4 Monitoring 2010 November 2010 Phra mites Treatment June/September 2011 Year 5 Monitoring 2011 December 2011 Proiect Settina and Backaround Summa The Charles Creek Park Wetland Restoration Site (Site) is located within the United States Geological Survey Hydrologic Unit 03010205 (North Carolina Division of Water Quality subbasin 03- 01 -50) of the Pasquotank River Basin. The Site includes 1.99 acres along the southeast bank of Charles Creek near its confluence with the Pasquotank River, located in Pasquotank County within Charles Creek Park in downtown Elizabeth City, North Carolina. The Site is comprised of restored and enhanced wetlands, and open water areas. The Site is currently owned by the City of Elizabeth City with the conservation easement owned by the North Carolina Ecosystem Enhancement Program. A sign intended to foster public interest in wetland restoration was originally placed at the Site. However, the sign was vandalized and a new sign was erected in early 2011. Soils mapping depicted on Figure 1 is from the current county soil survey, which is different from the previous county soil survey used in the revised 2005 Wetland Restoration Plan for Charles Creek Park. Based on the current Soil Survey of Pasquotank County, North Carolina (USDA 2008), Site soils include hydric Chowan silt loam and Tomotley fine sandy loam inclusions within wetland areas, and Tetotum -urban land complex and Bertie -urban land complex (which may contain hydric Tomotely inclusions) in upland areas (Figure 1). Prior to Site construction, hand auger borings and visual site assessments completed by Soil & Environmental Consultants (S &EC) indicated that several inches of fill material had been placed over residual Site soils. EEP reviewed aerial photos of the Site from 1953 and 1958 to determine the time period for placement of fill. The area along Southern Ave. and Dawson St and a small portion of the project Site were cleared and filled prior to 1953. The 1958 aerial depicts additional clearing, filling and construction on the western portion of the site. The prior soil survey was completed in 1957 and listed the area as an upland soil which was representative of fill placed on the site between 1953 and 1958. The current soils map of the site depicts a portion of the site as an urban land complex which was determined prior to restoration efforts and was a relic of the 1950's land manipulation. The current soils map also identifies portions of the site deemed jurisdictional in 2004 by the USACE was assigned an upland urban land complex soil series, Bertie -Urban Land Complex. Soil Surveys in general are not meant to be used on such detailed scale as this project Site. This is demonstrated by the difference in a mapped upland soil containing a USACE certified jurisdictional wetland and open water within the mapping unit. EEP believes based on the above information the project is representative of wetland restoration. Primary activities at the Site included regrading previously filled wetlands to lower the Site to historic elevations, thereby restoring wetland hydrology and replanting with native woody and herbaceous vegetation. Project restoration efforts provided 1.40 Riparian Wetland Mitigation Units (Figure 1). Goals and Objectives • Restore and enhance wetland function, vegetative structure, and wildlife habitat to the Site. • Improve the aesthetics of the Site similar to that of surrounding natural cypress -gum swamplands. • Retain natural onsite assets such as large existing bald cypress trees. • Incorporate the Site into Elizabeth City in such a manner to foster public interests in wetland restoration. Page 2 of 13 Success Criteria • Vegetation- 260 stems /acre • Hydrology- 8.5% of growing season Table 1 Restoration Segment/Reach Pre — Construction (acreage) Mitigation Approach Watershed Acreage As -Built Acreage Mitigation Ratio Mitigation Units (WMU) WETLAND Areal 1.13 R 21.3 1.13 1.0 1.13 Area 2 0.54 E 21.3 1 0.54 2.0 1 0.27 Riparian Wetland Units Non - riparian Wetland Units Total Wetland MU 1.40 0 1.40 Page 3 of 13 Page 4 of 13 Page 5 of 13 Table 2 Planted Species Common Name Scientific Name Quantity Bald Cypress Taxodium distichum 155 Possumhaw Viburnum nudum 179 Willow Oak Quercus phellos 38 Sweetbay Magnolia vir iniana 35 TM C rilla racemiflora 94 Bluberry Vaccinium s . 179 Water Oak Quercus ni ra 10 Red Bay Persea palustris 169 Water Tupelo N ssa s ' ylvatica var. biflora 95 Fetterbush Leucthoe racemosa 165 Green Ash Fraxinus pennsylvanica 47 Pepperbush Clethra alnifolia 161 Buttonbush Ce halanthus occidentalis 173 Water Hickory Ca rya aquatic 11 Arrowwood Viburnum dentatum 94 Upright Sedge Carex stricta 225 Soft Rush Juncus effuses 225 Pickerel Weed Pontederia cordata 45 Lizard Tail Saururus cernuus 45 Olne 's Bullrush Scirpus amen canus 335 Wool grass Scirpus cypetinus 340 Arrowhead Sa ittaria latifolia 45 Stiff Arrowhead Sa ittaria ri ida 45 Page 6 of 13 Table 3 Total and Planted Stems /Acre per Monitoring Year Page 7 of 13 Annual Means Scientific Name Common Name Species Type MYS 2011 M 7030 MY3 2009 MY2 2008 MY1 (2)07) P -LS P -all T P -LS P -all T P -LS P -all T IP -LS P -all T P -LS JP-all IT Acer ne undo boxelder Tree Acer rubrum red maple Tree 3 2 Baccharis halimifolia eastern baaharis Shrub Tree 131 114 1 Betula ni ra river birch tree 1 3 3 7 Ca rya hickory Tree 3 1 Ca rya illinoinensis pecan Tree 1 4 Celtis laevi ata hackberry 1 1 6 61 6 Ce halanthus occidentali common buttonbush Shrub Tree 8 8 10 10 10 7 7 7 14 14 1 Chamaecyparis th oides Atlanticwhite cedar Tree 5 Ciethra alnifolia coastal sweetpepperb Shrub 3 3 3 3 3 3 3 3 3 14 14 1 Comusamomum silky dogwood Shrub 1 1 1 2 2 2 4 4 4 5 5 C rilla racemiflora swamp titi Shrub Tree 3 3 3 3 3 3 5 5 5 5 5 5 Fraxinus pennsylvanica green ash Tree 1 1 45 45 561 51, 5 Ju lans ni ra black walnut 3 3 Juni erus virgintana eastern redcedar Tree 51 5 5 5 5 51 5 5 Li ustrum sinense Chinese privet Shrub Tree Li uidambars raciflua sweetgum 3 Uriodendron tuli pifera tulip poplar 8 8 1 L onia staggerbush L onia lucida fetterbush I onia Shrub 7 7 7 Magnolia virginiana sweetbay Shrub Tree 7 1 1 1 Morella cerifera wax myrtle IShrubTree 1 1 1 2 2 2 3 3 3 N ssa tupelo Tree 1 1 11 1 N ssaa uatica watertupelo Tree 91 9 9 9 9 9 8 8 8 9 9 9 N ssa biflora swam to elo Tree 1 1 1 1 1 1 N ssa s Ivatica black um Tree 1 1 Persea borbonia red bay 9 9 Persea palustris swamp b Tree 6 6 91 6 6 6 4 4 Pinus taeda oblolly pine Tree 1 1 1 1 9 Platanus occidentalis sycamore 16 16 Prunus serotina black cherry Shrub Tree 11 1 1 Quercus) rata ove rcu p oak 18 18 1 Quercus michauxii swamp chestnut oak 13 13 Quercus pagoda cherrybark oak 25 25 Quercus phellos willow oak Tree 1 1 1 1 1 1 28 28 28 3 3 Salix ni ra blackwillow 1 9 Salix sericea silky willow 8 Sambucus anadensis Common Elderberry Shrub Tree 3 1 Taxodium distichum bald cypress Tree 11 11 26 11 11 26 it 11 1 13 13 1 Ulmus elm Tree 11 13 1 1 Ulmus ameriana American elm 1 1 Ulmus rubra slippery elm 1 1 Unknown unknown 1 1 1 1 1 1 Vaccinium blueber Shrub Vine Tree 1 1 1 1 1 1 Vaociniumco mbosum hi hbushblueber 3 3 Viburnum dentatum southern arrowwood 1Shrubjree 5 5 5 51 51 5 4 4 6 6 Viburnum nudum Ipossumhaw Shrub Tree 7 7 7 61 61 6 5 5 5 �17 17 1 Stem coup size (ares) size (ACRES) Species count Stems er ACRE 60 60 2 66 66 224 64 64 173 191 24 89 106 1 4 4 4 4 4 0.10 0.10 0.10 0.10 0.10 12 12 20 151 151 23 161 16 1 14 17 2 13 13 13 607 607 2367 688 668 22 647 647 17501 19321 2444 90M 10721 107 Color for Density Exceeds requirements by 10% Exceeds requirements, but by less than 10% Fails to meet requirements, by less than 10% Fails to meet requirements by more than 10% Page 7 of 13 Figure 3. Annual almatic Data vs. 30 -year Historic Data 12 - — 20 8 1 F 6 a. 2 0 X2071' -2DDB "' -2M "' - 2DlC '-- -2DW -3ft%" 7M%" Table 4 Hydrology Success • Success Criteria in 2004 Restoration Plan was 8.5% Page 8 of 13 Success Criteria Achieved /Max Consecutive Days During Growing Gauge Season (Percentage) Year 1 Year 2 Year 3 Year 4 Year 5 (2007) (2008) (2009) (2010) (2011) 4 days 34 days 4 days 18 days 12 days 1 (1.9 %) (16.3 %) (1.9 %) (8.6 %) (5.7 %) 50 days 50 days 78 days 51 days 98 days 2 (23.9 %) (23.9 %) (37.3 %) (24.4 %) (46.9 %) 51 days 141 days 164 days 114 days 138 days 3 (24.4 %) (67.5 %) (78.5 %) (54.5 %) (66.0 %) 7 days 40 days 4 days 41 days 45 days 4 (3.3 %) (19.1%) (1.9 %) (19.6 %) (21.5 %) • Success Criteria in 2004 Restoration Plan was 8.5% Page 8 of 13 EEP Recommendation and Conclusion • The sewer easement acreage has been removed from the enhancement area credit. • The mowed area adjacent to Dawson St. has been removed from the restoration area credit. • EEP recommends closing out the project with 1.40 WMUs. Contingencies The 20' sewer easement will be marked. As stated above, this area has been removed from credit calculations. EEP is not aware of the any additional contingencies on this site. Page 9 of 13 Pre - Construction Photos Post - Construction Photos MY 5 (2011) Page 10 of 13 APPENDIX A - Watershed Planning Summary The Charles Creek project is located in 14UC 03010205050010, the Knobbs and Areneuse Creeks watershed, which lies within the Pasquotank River Local Watershed Plan (LWP) boundaries ( Pasquotank River LWP, 2003). Approximately two- thirds of the streams in this watershed lacks adequate functioning riparian buffers. Over half of the land here is agricultural including 7 permitted livestock operations. The receiving waters in Albemarle Sound are 303(d)- listed due to multiple stressors (DWO, 2010). EEP has one additional project in this TLW. According to the watershed plan ( Pasquotank River LWP, 20031, the primary goals to be addressed by this type of project were "to measurably improve and protect the watershed functions" and to "protect and rehabilitate the water quality function ... by reducing the nitrogen, phosphorous, sediment, and other nonpoint sources of pollutants." This project restored or enhanced approximately 1.2 acres of riparian wetlands in a largely impervious medium- density residential area. The runoff from adjacent streets, yards, and other assorted urbanized land uses now flows through restored acreage, allowing infiltration and treatment before entering Charles Creek and the Pasquotank River. The restoration and enhancement of wetlands and riparian buffer contribute to the conservation goals identified in the Pasquotank River Basin Restoration Priorities (NCEEP, 20091, including the reduction of sediment, nutrient, and other inputs from urbanized areas. Buffer and wetland reestablishment contributes to the removal of detrimental inputs that would otherwise flow downstream into the Pasquotank River. Table 1. Summary of LWP- identified stressors addressed by the Charles Creek Project. Sbvssom and Issues Management ftategles Chary Creek Project Lack of adequate forested buffer Stream restoration, riparian buffers Established native riparian buffer/wetlands on 1.22 acres Impervious cover Stormwater BMPs, stormwater Treats runoff from adjacent streets ordinance, low impact development Floodplain development Controlled floodplain development Easement provides protection from future development Urban toxicants Watershed education program, Treats runoff from nearby nonpoint stormwater BMPs sources Nutrients Illicit discharge program, ag BMPs, Treats runoff from nearby nonpoint riparian buffers, watershed education sources program, stormwater BMPs, additional studies Fecal coliform bacteria Retrofit wastewater collection system, No direct treatment agricultural BMPs, watershed education program, stormwater BMPs Page 1 I of 13 APPENDIX B — Land Ownership and Protection SITE PROTECTION INSTRUMENT The land required for the construction, management, and stewardship of this mitigation project includes a portion of the following parcel. Landowner PIN County Site Protection Instrument Deed Book and Page Number Acreage protected City of Elizabeth 892309060940, Pasquotank Conservation 879 958 2 City and 892309061934, Easement Pasquotank County 892309062954, 892309063920, 892309063869, 892309063920. 892309063869, 892309064844, 892309064859, 982309064925 LONG -TERM MANAGEMENT PLAN Upon approval for close -out by the Interagency Review Team (IRT), the site will be transferred to the DENR Stewardship Program, which will be responsible for periodic inspection of the site to ensure that restrictions required in the conservation easement or the deed restriction document(s) are upheld. Page 12 of 13 FEB-1-2005 09:45 FROM: OWLS -WE I LHNUb t U. 7 (IzC=Il7 of WArF r l '-1 Mr. Jcf)'Jurck NC Ecosystem Enhancement Program 1652 Mail Service Ccnter Ralcidh, NC. 27699 -1652 Michael F. F.aaley, 4ovemor William 0. Rnss Jr., Secretary North Carolina Deparuncnt of Environment and Natural Racnurccs February 1, 2005 Subject Property: Charles Creek Park Waiver of 401 Water Quality Certification Dear Mr. Jurek: .Nan W. Mimek. P.E. Director Aiviston of witer Quality DWQ Project # 04.2007, Pasquotank County Your application for a 401 Water Quality Certification to restore and/or enhance up to 1.9 acres of wetlands at the subject property was received in the Division of Water Quality's Central Office on December 16, 2004. According. to General Certification 3495, if fmal action is not taken within 30 days, the Certification is waived unless DWQ has objected in writing to your application. Therefore, DWQbas waived the requirement for a 401 Water Quality Certification for your plans to impact waters as described in your December 16, 2004 application materials. However, i f additional impact occurs or your development plans charge, this waiver is no longer valid and a 401 Water Quality Certification will be required. if you have any questions, please telephone Cyndi Karoly at 919 -733 -1786. AW1Vcbk cc: USACE Washington Regulatory Field Office Wilmington District, USACE DWQ Washington Regional Office DLR Washington Regional Officc File Copy Central Files Sincerely, olrv. A Alan W. Klimek, P.E. Filename: 042007CharlesCreek (Pasquotank)Waive 401 Wetiands CcRtOcatlon Unit 1650 Mall Service Center, Raleigh, North Carolina 27689-1650 2321 Ctabtme Bouievard. Suite 250, Raleigh, North Cororma 27604 Pnene; 899.733.1786 /FAX 919- 733 -66931 Internet. brtp / 1h2o enr.state ne usIncwetlands An Ecual 0coortunllvlAtfrttnabve Action Emolover - 50% Recrded /10% Post CormumPr Pnnar NO,e Caro ina 1111;2; Determination of Jurisdiction: ❑ Based on prelirrunary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Admmistrative Appeal Process ( Reference 33 CFR Part 331). ❑ There are Navigable Waters of the United States within the above described project area 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 deternunation may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters of the US and/or wetlands within the above described project area 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. X The Jurisdictional areas within the above described project area have been identified under a previous action Please reference Jurisdictional determination issued 09/29/2004. Action ID 200411819. Basis of Jurisdictional Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is part of a broad continuum /off wetlands connecte to Charles Creek, a tributary to the Pasquotank River, Corps Regulatory Official: - V� Date 04/05/2005 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: Page 2 of 2 is;;;;;;= G V V E], U.S. ARMY CORPS OF ENGINEERS APR d1(i%j WILMINGTON DISTRICT NC EC06 % ; Action 1D. 200510632 County: Pasanotank USGS Quad. Elizabeth City ENHANCEMEoff i -. GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: North Carolina Ecosystem Enhancement Program Address: 1652 Mail Service Center Raleigh, North Carolina 27699 -1619 Attention: Jeff Jurek Telephone No.: (919) 715 -1157 Size and location of property (water body, road name /number, town, etc ): The project is a 1.93 acre site located on the east bank of Charles Creek at the Charles Creek Park just north of Dawson Street between Southern Avenue, Hunter Avenue and Tuscarora Avenue, adjacent to Charles Creek. Description of projects area and activity: The project consists of restoring 1.16 acres of non - jurisdictional high- ground to wetlands and enhancing 0.60 acres of jurisdictional wetlands and 0.15 acres of open waters per "Wetland Restoration Plan For Charles Creek Park" dated December 7, 2004. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number. NW # 27 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation fiom your subinitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all modifications. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733 -1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N C Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals /permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Bill Biddlecome at (252) 975 -1616 ext. 31. Corps Regulatory Official ,(90;4 -n i &4rw'c Date: 04/05/2005 Expiration Date of Verification: 03/18/2007 Page 1 of 2 140 1 757jf1S N G aN 37746 NOUV.9N1TI4 SIN` U9/V1 ,y l92 A9 e I NV�IVMd 1N2N2ONVHN2 �vw'a�A.s.w. N2ISGOO2 VNIIOYVO W.L'NON �N ` 00 'ANvionolS j LO16f9Yd16p16�) W • 0061MI(616/) �7446 . f1SLZ -M--D 4-NN 141PI i�•�POY�aTH —q 001101/11 pat7�un6 >In6 7�74J va3 Vd'N���✓ TOIIa�U'JIAUR � 09 1 °a oWr NOUV` 1OlSg?J aNVII -M wwa° Pa66gd zo IQU -N 377rwd N'21vj \1gg2io G ;111N Po 377fo�d 0 Fm z o0 5 uu =u� u u o `� mzd iNA 0 3wN"NO Y}yu� p Z N z�� z�� �m �3u° L^0 g aW_ MIN 8'mo 00 �" "� <uw�z°� '� m�nm Njw�� of ,�,z'$• `� ao�ij '� <�" gazz j��jo6`uimm �'Z•n�_ oa�o9g° r mmm 4a- ��� §�`yZ� ort dO w�Qr ".�-w� Sd NcW IN, F�°,,�+l �ym �NOO° °V < iw ° '. t U' MpNQN O 3�G °Ct 61F E- 3� —7z�z 2 zu 4E °� I za�a aw ° m �z }}ommma EEa��z��° �awgwm 'L>l�.s� °�<t N�� ZtC� -n 3zw Wo ri�, �>zl 5� 3f Qot �Mp yM� fr ig ggmo° °zUszl�� °m k-zs °og �LL mS pym�go� N m> _ nz�° offu? diva >'nu� >Q w Y$gzu v�Ymsro��"nwo n 2 5qq5 g �aa^ h n NOZ o ° Waw �mN °oa uL' 3 Zi `t�E3 ?� 3 U FwQ Z N NI P N Y2 F-ti moQO� � tl1FNN N N ���_L] aa� r•' u L�epOZa W C� �� I +I N F � N N V' kk O wiz 0= O N L/ °moo E��• o F 1° 0 o � v z 319I N 3 Es - �$jRgJ +I +1 9< �g 0 0 m -L - -f LU / � _ cn O 2S Qz Lu `owl r�-pzw � � iW�Uj�Y a .poO =w Q 3NC's�pp ~O 2 o os °zono l —� n +I wFp=p��g 90 oFW� z�-�NO � � U -zoo 10 m Q 0 1 N 0 jzp gas zG'� w w Z z U1 0 ��oto po ;a' C O Iii W A N O 192Q �dQO¢oG } e Em $Z a o�Q,0� Q �03C�i I "I � Q J V Z - Wa3 -ot+, �G- O p C- W Z M LwU U)' -3 uJ °a�i w m oC (fi Z Ln � Q 0 K z 3 t!N U- Q � cW w 02 't O \ U gZN�nQ ��Mt z, �o JO�� �~ z 1: z = ~O \ O 5 s LLI z O �� O ZO L� 8 0 'wv,QAMnG QOW120— lwgwwzlil u,p20 I QUAC Gworf G =vi Action Id. 200411819 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 Tracey L. Wheeler at (252) 975 -1616 ex 24. Basis For Determination: Described tract contains wetlands as defined by 1987 USACE Wetland Delineation Manual. Site is adiacent toCharles Creek a tributary to the Pasauotank River which flows into Albemarle Sound. Remarks: Corps Regulatory Date 09/29/2004 Expiration Date 09/29/2009 Corps Regulatory Official (Initial)_ FOR OFFICE USE ONLY: • A plat or sketch of the property and the wetland data form must be attached to the file copy of this form. • A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal' form must be transmitted with the property owner /agent copy of this form. • If the property contains isolated wetlands /waters, please indicate in "Remarks" section and attach the "Isolated Determination Information Sheet" to the file copy of this form. Page 2 of 2 U.S. ARMY CORPS OF ENGINEERS FILE COPY WILMINGTON DISTRICT Action Id. 200411819 County: Pasquotank U.S.G.S. Quad: Elizabeth City NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner /Agent: City of Elizabeth City, Mr. Richard Olsen City Manager D �� I Address: c/o Mr. Mike Ortosky, S &EC E C E i V E I 11010 Raven Ridge Road Raleigh, North Carolina 27614 MAR 3 " 200)5 Telephone No.: (919) 846 -5900 MAR 7 2005 LD Property description: NC ECOSYSTEM Size (acres) 1.93 acres ENHAAftyj"TMCAAftbeth City Nearest Waterway Charles Creek River Basin Albemarle Sound USGS HUC 03010205 Coordinates N 36.294121 W - 76.215589 Location description Property is located on the east bank of Charles Creek at the Charles Creek Park on Dawson Street at the intersection with Southern Avenue in Elizabeth City, Pasquotank County, North Carolina. Indicate Which of the Following Apply: Based on preliminary information, there may be 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). 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 wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water T 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 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 wetland 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. JXX The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 9/29/2004. 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. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA). You should contact the Division of Coastal Management in Elizabeth City, NC, at (252) 264 -3901 to determine their requirements. Page 1 of 2 0 a m U T) Q Q° Y Y Z a U O p ao m fn O = p Q M Una o aJ E m Z L) 0(j) m c ca c 0. 2Wa'U sruo4dsoyd ON ua604IN ON ($aloe) JOAM wea4g MOO Us) fluo lasuo WOWN JaJ S uopenJOSWd 42JRW lelse03 Wawaoue4u3 4*JaW lelseo� uopeaJO 48JBW lelseoO WOW i "S10O uollenJasaJd uelJedpuON luawaoue4u3 uelJedNuoN uopeaJO uelJedlJUON uopeJOlsaa uelJedyuoN uopenJasaJd uelJedlH WawaOUe4u3 ,v uepodla o 0 uopeaJO uelJedlb uopeJolsaa usl+edla m E z a) � � � a) o Q a o E Z m p c 0 a W N Q D N V � D N O N E U m n .. r c � ` a m d p m c a c a Lu y m pp LLJ � m a a c = I— d c c O p R o) p a E m W