20210194 Ver 1_Pre-Filing Meeting Request Attachment_20210129

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U.S. ARMY CORPS OF ENGINEERS
Wilmington DISTRICT

Action Id. SAW-2016-00053 County: Mecklenburg U.S.G.S. Quad: NC-HARRISBURG

NOTIFICATION OF JURISDICTIONAL DETERMINATION

Requestor: City of Charlotte
Sharon Buchanan
Address: 600 East Fourth Street
Charlotte, North Carolina, 28202

Telephone Number: 704-336-2044

Size (acres) 30 Nearest Town Charlotte
Nearest Waterway Doby Creek River Basin Upper Pee Dee
USGS HUC 3040105 Coordinates Latitude: 35.30284
Longitude: -80.75437
Location description: The review area begins at the intersection of McCullough Drive and University Center Blvd and follows
McCullough Drive to the south, terminating at East McCullough Drive near the intersection of Ken Hoffman Drive.

Indicate Which of the Following Apply:

A. Preliminary Determination

Based on preliminary information, there may be waters of the U.S., including wetlands on the above described project
area/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 project area/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.

There are waters of the U.S., including wetlands on the above described project area/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 of the U.S., including wetlands on your project area/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 of the U.S., including wetlands on your project area/property have been delineated and the delineation has been
verified by the Corps. The approximate boundaries of waters of the U.S. are depicted on the enclosed map Figure 4 dated
11/5/2015. 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.

The waters of the U.S., including wetlands have been delineated and surveyed and are accurately depicted on the plat signed
by the Corps Regulatory Official identified below on Plat Date. 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 project area/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 (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
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 David Shaeffer at 919-554-4884 X31 or [e-mail].
C. Basis For Determination: Based on information submitted by the applicant and available to the U.S.
Army Corps of Engineers, the project area exhibits criteria for waters of the U.S. as defined in 33 CFR
328, Regulatory Guidance Letter 05-05, the JD Guidebook (i.e. Rapanos Guidance), the 1987 Wetland
Delineation Manual, and/or the Regional Supplement to the 1987 Manual: Eastern Piedmont and
Mountains v2.0. See the approved jurisdictional determination form dated 4/18/2016 included in the file.
D. Remarks: None.
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)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and 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 Street 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 by 6/17/2016.
**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: ______________________________________________________
Date:4/18/2016 Expiration Date: 4/18/2021
Digitally signed by SHAEFFER.DAVID.LEIGH.1260750573
DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA,
cn=SHAEFFER.DAVID.LEIGH.1260750573
Date: 2016.04.18 07:26:55 -04'00'

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
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0

Copy furnished:

Agent: Brandon Phillips
STV Engineers, Inc.
Address: 900 West Trade Street
Charlotte, North Carolina, 28202
Telephone Number: 704-372-1885

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: City of Charlotte, Sharon Buchanan File Number: SAW-2016-00053 Date: 4/18/2016
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
 ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
 OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
 ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
 APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
 ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
 APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. 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.

SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)

ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division, Attn:
David Shaeffer, Asheville Regulatory Field Office, US
Army Corps of Engineers, 151 Patton Avenue, Room 208,
Asheville, North Carolina 28801-5006

Reference: City of Charlotte, McCullough Drive
Streetscape
If you only have questions regarding the appeal process you may
also contact:
Mr. Jason Steele, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.

________________________________________
Signature of appellant or agent.
Date: Telephone number:

For appeals on Initial Proffered Permits send this form to:

District Engineer, Wilmington Regulatory Division, Attn: David Shaeffer, 69 Darlington Avenue, Wilmington, North
Carolina 28403

For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:

Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

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bRPW Stream A(-132 U)
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Legend
"C?Project Study Area (~30 acres)
Potentially Jurisdictlonal Stream
Potentially Jurisdictionat Wetland
•Wetland Data Point
Photograph Location
0 250 500 1,000
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IGPS points were collected with a Trimble GeoXH iiand-held GPS unit attached |
Ito a Trimble Tornado antenna on a2 meter height pole.Data was collected withIaPDOPMaskof6,SNR Mask of 38,and Elevation Mask of 10.Data was
differentially corrected using Pathfinder Office. GPS data should not be
Iconsidered survey grade.
^STV i.ioo
ciiAHMrni
Hruject:
McCullough Drive
Streelscapc
MecklenburgCounty,NC
APPROXIMATE
WATERS OF THE U.S.
AND WETLANDS
BOUNDARY MAP
SaMxe»:MccUcfibiirgCouaty
A«riil liBHfvry (2115)
Notes;
1 Potential jurisdictlonal waters of Che
U.S.were delineated by STV dunng
field revwws conducted on July 24
and August 31.2015.Jurisdictlonal
boundaries have been marlted in the
field Mth pinkwetlandboundary tape
and mapped using a Trimble GeoXH
hand-held GPS unit capable of
subfoot accuracy. This map Is
intended for planning purposes only.
2 Junsdictional boundaries of the
waters of the U.S.have not been
verified by the U.S. Army Corps of
Engineers and are subject to changeIfollowingvenfication.
Drawn By:
JLK
Appruvfd By:
MAI
Checked By;
BJP
Dace:
11/5/2015
[STVEncinvcrs,Inc.Pruject Nu.
4017213
FIGURE 4
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S.Army Corps of Engineers
This form should be completed by following the instructions provided in Section IVoftheJD Form Instructional Guidebook.
SECTION I:BACKGROUND INFORMATION
A.report COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B.DISTRICT OFFICE,FILE NAME, ANDNUMBER:
C.PROJECT LOCATION AND BACKGROUND INFORMATION:McCullough Drive Streetscape
State:NC County/parish/borough:Meklenburg City:Charlotte
Center coordinates of site (lat/long in degree decimal format):Lat.35.302465°§,Long.-80.756823°
Universal Transverse Mercator:N 3906613.23 E 522108.36
Nameof nearestwaterbody:Doby Creek
Name of nearest Traditional Navigable Water (TNW)into which the aquatic resource flows:Yadkin-Pee Dee River
Nameof watershedor Hydrologic UnitCode(HUC):03040105
g Check ifmap/diagram of review area and/or potential jurisdictional areas is/are available upon request.
Ej Check if other sites (e.g.,ofifsite mitigation sites,disposal sites,etc...)are associated with this action and are recorded on a
different JD form.
D.REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
®Office (Desk)Determination.Date:07/23/15.
1^Field Determination.Date(s):07/24/15
SECTION II:SUMMARY OF FINDINGS
A.RHA SECTION 10 DETERMINATION OF JURISDICTION.
ThCTe Vre no ''navigable waters ofthe 17.5."within Rivers and H^bors Act (RHA)jurisdiction (as defined by 33 CFR part 329)in the
review area.[Requirec[\
Q Waters subject totheebb and flow ofthe tide.0 Waters are presently used,or have been used in the past,or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B.CWA SECTION 404 DETERMINATION OF JURISDICTION.
There S ''waters of the U.Sr within Clean Water Act (CWA)jurisdiction (as defined by 33 CFR part 328)in the review area.\Required\
1.Waters of the U.S.
a.Indicate presence ofwatersof U.S.in review area (check all that apply):^
EU TNWs,including territorial seas
O Wetlands adjacent to TNWs
E Relatively permanent waters^(RPWs)that flow directly or indirectly into TNWs
E]Non-RPWs that flow directly or indirectly into TNWs
^Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent tobutnot directly abutting RPWs thatflow directly or indirectly into TNWs
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
Impoundments ofjurisdictional waters
Isolated(interstateor intrastate)waters,includingisolated wetlands
b.Identify (estimate)size of waters of the U.S. in the review area:
Non-wefland waters:Stream A=132 linear feet:4 width (ft)and/or 0.012 acre;Stream B=166 linear feet:4 width (ft)and/or
0.015 acres.
Wetlands:Wetland A =0.01 acres.
c.Limits (boundaries)of jurisdiction based on:
Elevation of established OHWM (if known):
2.Non-regulated waters/wetlands (checkif applicable):^
0 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
^Boxes checked below shall be supported by completing the appropriate sections in Section III below.
For purposes ofthis form,an RPW is defined as a tributary that is not a TNW and that typically flows year-round orhas coiitinuous flow atleast "seasonally"
(e.g., typically 3 months).
^Supporting documentation is presented inSection III.F.
SECTION III;CWA ANALYSIS
A.TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource isa TNW, complete
Section IIIA.1 and Section IILD.l.only; ifthe aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section II1.D.1.;otherwise,see Section III.B below.
1.TNW
Identify TNW:
Summarize rationale supporting determination:.
2.Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetlmid is "adjacent":
B.CHARACTERISTICS OF TRIBUTARY (THAT IS NOT ATNW) ANDITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics ofthe tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencieswillassert jurisdiction over non-navigable tributaries ofTNWswhere the tributaries are "relatively permanent
waters"(RPWs), i.e.tributaries that typically flow year-round or have continuous flow at least seasonally(e.g.,typically 3
months). A wetland that directly abuts an RPW is also jurisdictional.If the aquatic resource is not a TNW,but has year-round
(perennial) flow,skip to Section HI.D.2. If the aquatic resource isa wetland directly abutting a tributary with perennial flow,
skip to Section HI.D.4.
A wetland that is adjacent to but that doesnot directly abut an RPW requires a signiflcant nexusevaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a signiflcant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any)and a traditional navigable water,even
though a signiflcant nexus flnding is not required as a matter of law.
Ifthe waterbody'*isnotan RPW,ora wetland directly abutting an RPW,aJD will require additional datato determine ifthe
waterbody has a signiflcant nexus with a TNW.If the tributary has adjacent wetlands,the signiflcant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands.This signiflcant nexus evaluation that combines, for
analytical purposes, the tributary and all ofits adjacent wetlands isusedwhether the reviewarea identifledin the JD request is
the tributary,or its adjacent wetlands, or both. If the JD coversa tributary with adjacent wetlands,completeSection IH.B.1for
the tributary.SectionIII.B.2 for any onsitewetlands,and SectionIII.B.3for all wetlands adjacent to that tributary,both onsite
and offsite.The determination whether a signiflcant nexus exists is determined in Section in.C below.
1.Characteristics of non-TNWs that flow directly or indirectly into TNW
(i)General Area Conditions:
Watershed size:3,285|
Drainage area:<100
Average annual rainfall:42.81 inches
Average annual snowfall:6.4 inches
(ii)Physical Characteristics:
(a)Relationship with TNW:
• Tributaryflowsdirectlyinto TNW.
lEI Tributary flows througji |tributaries before entering TNW.
Project waters are river miles from TNW.
Project waters are B^SlSl^er miles from RPW.
Project waters are aerial (straight) miles from TNW.
Project waters are aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
*Note that the Instructional Guidebook contains additional information regarding swales,ditches,washes,and erosional features generally and inthe arid
West.
(b)
Identify flow route to TNW^:Stream A flows to Doby Creek (RPW)and Stream B flows to Toby Creek (RPW).Both
Doby Creek and Toby Creek flow to Mallard Creek (RPW) which flows to the Rocky River (RPW) which flows to the
Yadkin-Pee Dee Rivo-(TNW).
Tributary stream order,if known:First.
General Tributary Characteristics (check all that applvl:
Tributary is:Q Natural
O Artificial (man-made).Explain:
^Manipulated (man-altered).Explain:Stream A and Stream B have ripr^aprons at the end of
pipe outfalls.
(c)
Tributary properties with respect to top of bank (estimate):
Average width: 4 feel
Average depth: 2 feet
Average side slopes:jjH.
Primary tributary substrate composition (check all that ^ly):
[3 Silts ^Sands
S Cobbles 13 Gravel
•Bedrock •Vegetation.Type/%cover:
O OthCT.Explain:
n Concrete
l~l Muck
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Stable bed and banks.
Presenceof run/riffle/poolcomplexes.Explain:Moderaterun/riffle/poolcomplexes.
Tributary geometry:HiUHi
Tributary gradient (approximate average slope): 1-5 %
Flow:
Tributary provides for:HIHH|[
Estimate average number of flow events in review area/year
Describe flow regime:[ntermittent.
Other information on duration and volume:
Surface flow is:
Subsurface flow:Explain findings:
i~l Dye (or other)test performed:
Tributary has (check all that apply):
Bed and banks
^OHWM®(check all indicators that apply):
S clear,natural line impressed onthebank
l~l changesinthe character of soil
Q shelving
f~l vegetation matted down,bent,orabsent
^leaflitter disturbed or washed away
1^sedimentdeposition
r~1 waterstaining
•other (list):
n Discontinuous OHWM.^Explain:
I.Characteristics:
n thepresenceof litterand debris
[~l destruction of terrestrial vegetation
E!the presence of wrack line
l~l sediment sorting
n scour
Q multipleobserved or predicted flowevents
[~l abrupt change in plant community
If factors otherthanthe OHWM were used to d«ermine lateral extent of CWA jurisdiction (check allthat a^qJly):
High Tide Line indicated by:
O oil or scum line along shore objects
l~l fineshellor debris deposits (foreshore)
n physical markings/characteristics
r~l tidalgauges
l~l other(list):
Mean High Water Mark indicated by:
l~l surveyto available datum;
O physical markings;
rn vegetation lines/changes in vegetation types.
(iii)Chemical Characteristics;
'Flow route can be described by identifying,e.g.,tributaiy a,which flows through the review area,to flow into tributaiy b,which then flows into TNW.
'a natural orman-made discontinuity inthe OHWM does not necessarily sever jurisdiction (e.g.,where the stream temporarily flows underground,orwhere
the OHWM hasbeen removed by development or agricultural practices).Where there isa break inthe OHWM that is unrelated tothe waterbody's flow
regime(e.g., flowover a rockoutcropor through a culvert),the agencies will look for indicatorsof flowabove and belowthe break.
^Ibid.
Characterize tributaiy (e.g.,water coloris clear,discolored,oilyfilm;water quality;general watershed characteristics,etc.).
Explain:Water color is clear.
Identifyspecificpollutants, ifknown: Non-pointsourcerunoff.
(iv)Biological Characteristics.Channel supports (check all that apply):
13 Riparian corridor.Characteristics (type,average width):forested buffer ~50'in width.
• Wetland fringei Characteristics:
• Habitat for
I~1 Federally Listed sp^ies.Explain findings:
•Fish/spawn areas.Explain findings:
l~l Other environmentally-sensitive species.Explain findings:
•Aquatic/wildlife diversity.Explain findings;
2.Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i)Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size:0.01 acres
Wetland type. Explain:PFOl .
Wetland quality.Explain:Low quality disturbed system.
Project wetlands cross or serve as state boundaries.Explain:
(b)General with Non-TNW:
Surfaceflowis:jVoi^resen^
Characteristics:.
Subsurface flow:Explain findings:stand pipe drains wetland.
• Dye(orother)test performed:
(c)Wetland Adiacencv Determination with Non-TNW:
•Directlyabutting
IHl Not directly abutting
13 Discreite wetland hydrologic connection.Explain:non-jurisdictional stormwater conveyance.
•Ecological connection.Explain:
•Separated by berm/barrier.Explain:
(d)Proximity (Relationship)to TNW
Project wetlands are .^(iwymSire)river miles from TNW.
Project waters arc^aerial (straight)miles from TNW.
Estimate approximate location of wetland as within the floodplain.
(ii)Chemical Characteristics:
Characterizewetlandsystem(e.g.,watercolor is clear,brown,oil filmon surface;waterquality;generalwatershed
characteristics;etc.). Explain: Water is clear.
Identify specific pollutants,if known;non-point source runoff. '
(iii)Biological Characteristics.Wetland supports (check all that apply):
13 Riparian buffer.Characteristics (type,average width);partial vegetated buffer.
•Vegetation type/percent cover.Explain;scrub shrub and herbaceous.
•Habitat for;
^Federally Listed species.Explain findings;
~]Fish/spawn areas.Explain findings;
Z]Other environmentally-sensitive species.Explain findings;.
ZI Aquatic/wildlife diversity.Explain findings:
3.Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s)being considered inthe cumulative analysis;|
Approximately (0.01)acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts?TY/N)Size (in acres')Directly abuts?(Y/N')Size fin acres')
Wetland A = N 0.01
Summarize overall biological,chemical and physical functions being performed:Aquatic habitat in flooded portions.
Sediment removal.Flood control.
C.SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions ofthetributary itself andthe functions performed
by any wetlands adjacent tothe tributary to determine if they significantly affect the chemical,physical,and biological integrity
ofa TNW.For each ofthe following situations,a significant nexus exists ifthe tributary,in combination with allofits adjacent
wetlands,hasmorethan a speculative or insubstantial effect onthe chemical,physical and/or biological integrity ofa TNW.
Considerations when evaluating significant nexus include,butarenot limited tothe volume,duration,and frequency ofthe flow
ofwaterinthetributaryandits proximity toa TNW,andthe functions performed bythetributaryandallits adjacent
wetlands.It isnotappropriateto determine significant nexus based solely onany specific threshold of distance (e.g.between a
tributaryanditsadjacent wetland or between a tributaryandthe TNW).Similarly,thefactanadjacentwetland lieswithin or
outside of a floodplain is not solely determinative of significant nexus.
j
Draw connections between the features documented andthe effects onthe TNW,as identified inthe Rapanos Guidance and
discussed in the Instructional Guidebook.Factors to considerinclude,for example:
•Does the tributary,in combination with its adjacent wetlands (if any),have the capacity to carry pollutants or flood waters to
TNWs,or to reducethe amountofpollutantsor flood watersreachinga TNW?
•Does the tributary,in combination with its adjacent wetlands (if any),provide habitat and lifecycle support functions for fish and
other species,suchas feeding,nesting,spawning,or rearing young for species thatare present inthe TKW?
•Does the tributary,in combination with its adjacent wetlands (if any),have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
•Does the tributary,in combination with its adjacent wetlands (if any),have other relationships tothe physical,chemical;or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1.Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs.Explain
findings of presence or absence of significant nexus below,based onthetributary itself,then goto Section III.D:
2.Signiflcant nexus findings for non-RPW and its adjacent wetlands,where the non-RPW flows directly or indirectly into
TNWs.Explain findings of presence or absence of significant nexus below,based onthe tributary in combination with allofits
adjacent wetlands, then go to Section III.D;.,
3.Significant nexus findings for wetlands adjacent toan RPW butthatdonot directly abutthe RPW.Explain findings of
presence or absence of significant nexus below,based onthe tributary in combination with allofits adjacent wetlands,then goto
Section III.D:
D.DETERMINATIONS OF JURISDICTIONAL FINDINGS.THE SUBJECT WATERSAVETLANDS ARE (CHECK ALL
THAT APPLY):
1.TNWs and Adjacent Wetlands.Checkall that applyandprovidesizeestimatesin reviewarea:
H TNWs:linear feet width (ft).Or,acres.
H Wetlands adjacent to TNWs:acres.
2. RPWs that flow directly or indirectly into TNWs.
|§Tributaries of TNWs where tributaries typically flow year-round are jurisdictional.Provide data and rationale indicating that
tributary is perennial:
®Tributaries of TNW where tributaries have continuous flow "seasonally"(e.g.,typically three nionths each year)are
jurisdictional.Data supporting this conclusion is provided at Section III.B.Provide rationale indicating that tributary flows
seasonally:Stream A and Stream B each have an OHWM,well-defined bed and banks,and some sediment deposition and
Stream Bis depicted asa blue line on the USGS quadrangle and asa stream onthe NRCS Soils Series Map.Stream Ais not
depicted asa blue line onthe USGS topographic quadrangle orasa stream onthe NRCS Soil Series Map.Stream A flows to
Doby Creek (RPW)and Stream B flows to Toby Creek (RPW).Both Doby Creek and Toby Creek drain to Mallard Creek
(RPW)which flows tothe Rocky River (RPW)which flows tothe Yadkin-Pee Dee River (TNW).
Provide estimates for jurisdictional waters inthe review area (check allthat apply):
H Tributary waters:Stream A=132 linear feet 4 width (ft);Stream B=166 linear feet 4 width (ft).
H Other non-wetland waters:acres.
Identify type(s)of waters:
3.Non-RPWs'that flow directly or indirectly into TNWs.
H Waterbody that is not a TNW or an RPW,but flows directly or indirectly into a TNW,and it has a significant nexus with a
TNWis jurisdictional.Data supporting this conclusion isprovidedat Section III.C.
Provide estimates forjurisdictional waters within the review area (check allthat apply):
®Tributary waters:linear feet width (ft).
@ Other non-wetland waters:acres.
Identify type(s)of waters:
4. Wetlandsdirectlyabutting an RPW that flow directlyor indirectlyintoTNWs.
WetlandsdirectlyabutRPWandthusare jurisdictional as adjacentwetlands.
@ Wetlands directly abutting an RPW where tributaries typically flow year-round.Provide data and rationale
indicating thattributary is perennial in Section IILD.2,above.Provide rationale indicating thatwetland is
directly abutting an RPW:.
Wetlands directly abutting an RPW where tributaries typically flow "seasonally."Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2,above.Provide rationale indicating that wetland is directly
abutting an RPW: Wetland A is a palustine forested wetland that drains to the Stream B headwater basin.
Provide acreage estimates for jurisdictional wetlands in the review area: 0.01 acres.
5.Wetlands adjacenttobut not directly abuttinganRPWthat flow directly or indirectly into TNWs.
Ef Wetlands that do not directly abut an RPW,but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands,have a significant nexus with a TNW are jurisidictional.Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlandsadjacent to non-RPWsthat flowdirectlyor indirectlyinto TNWs.-
Q Wetlands adjacent to such waters,and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands,have a significant nexus with a TNW are jurisdictional.Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7.Impoundments of jurisdictional waters.'
Asa generalrule,the impoundment ofa jurisdictional tributary remainsjurisdictional.
O Demonstrate.that impoundment was created from "waters ofthe U.S.,"or
;H Demonstrate that water meets the criteria for one ofthe categories presented above (1 -6),or
@ Demonstrate that water is isolated with a nexus to commerce (see E below).
J
E.ISOLATED (INTERSTATE OR INTRA-STATE]WATERS,INCLUDING ISOLATED WETLANDS,THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE,INCLUDING ANY
SUCH WATERS (CHECKALLTHAT APPLY):^"
@ which are or could be used by interstate or foreign travelers for recreational or other purposes.
@ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
^See Footnote #3.
'To complete theanalysis refer tothekey in Section III.D.6 of the Instructional Guidebook.
Prior to asserting or declining CWA jurisdiction based solely onthis category.Corps Districts will elevate theaction to Corps and EPA HQ for
review consistent with the process described intheCorps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
pi which are or could be used for industrial purposes by industries in interstate commerce.
S Interstate isolated waters.Explain:
0 Other factors.Explain:
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters inthe review area (check all that apply):
Tribute waters:linearfeet width(ft).
Other non-wetland waters:acres.
Identify type(s)of waters:
Wetlands:acres.
F.NON-JURISDICTIONAL WATERS,INCLUDING WETLANDS (CHECK ALL THAT APPLY):
m If potential wetlands were assessed within the review area,these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
Review area included isolated waters with ho substantial nexus to interstate (or foreign)commerce.
•Prior to the Jan 2001 Supreme Court decision in ''SWANCC"the review area would have been regulated based solelv on the
"Migratory Bird Rule"(MBR).
01 Waters do not meet the "Significant Nexus"standard,where such a finding is required for jurisdiction.Explain:
^Other:(explain,if not covered above):.
Provide acreage estimates for non-jurisdictional waters in the review area,where the sole potential basis ofjurisdiction is the MBR
factors (i.e.,presence of migratory birds,presence ofendangered species,use of water for irrigated agriculture),using best professional
judgment (checkall that apply):
Non-wetland waters(i.e.,rivers,streams):linearfeet width(ft).
Lakes/ponds:acres.
Other non-wetland waters;acres.Listtypeof aquatic resource:
Wetlands:acres.
Provide acreage estimates for non-jurisdictional waters in the review area that do not meet the"Significant Nexus"standard,where such
a findingisrequiredforjurisdiction(checkallthat apply);
^Non-wetland waters (i.e.,rivers,streams);linear feet,width (ft).
Lakes/ponds;acres.
Other non-wetland waters:acres. List tj^e ofaquatic resource:
Wetlands;acres.
SECTION IV:DATA SOURCES.
A.SUPPORTING DATA.Data reviewed forJD (checlc all that apply -checked items shall be included in case file and,where checked
and requested,appropriately referencesourcesbelow);
H Maps,plans,plots or plat submitted by or on behalf of the applicant/consultant;Figure 4-Approximate Waters of the U.S.and
Wetlands Boundary Map.
Datasheetsprepared/submittedby or on behalfof the applicant/consultant.
•Office concurs with data sheets/delineation report.
•Office does not concur with data sheets/delineation report.
0 Data sheets prepared by the Corps;
Q Corps navigable waters'study;
^U.S.Geological Survey Hydrologic Atlas;
• USGS NHD data.
•USGS 8and12 digit HUC maps.
U.S.Geological Survey map(s).Cite scale &quad name;1;24000,Derita and Harrisburg,NC (1993).
USDA Natural Resources Conservation Service Soil Survey.Citation:NRCS Soil Series Data for Mecklenburg County (2012).
National wetlands inventory niap(s).Cite name:Derita and Harrisburg,NC.
State/Localwetland inventorymap(s):
FEMA/FIRM maps;.
100-year Floodplain Elevation is;(National Geodectic Vertical Datum of 1929)
Photographs;^Aerial (Name &Date);NAIP (2013),Mecklenburg County.
or IE!Other (Name &Date);Photos (07/24/15).
Previous determination(s).Fileno. anddateofresponse letter;
Applicable/supporting case law;
Applicable/supporting scientific literature;
Other information (please specify);
B.ADDITIONAL COMMENTS TO SUPPORT JD: The limits of jurisdictional waters ofthe U.S.,including Wetland A,Stream Aand
Stream B,were delineated by STV and the locations were approximated using a Trimble GeoXH hand-held GPS unit capable of sub-foot
accuracy (Figure 4-Approximate Waters ofthe U.S.and Wetlands Boundary Map).Wetland A was determined tobea palustrine forested
wetland that is connected to downstream Waters through a pipe conveyance system.Stream A and Stream B were determined tobe relatively
permanent waters (RPWs)with intermittent flow based onan OHWM,well-defined bedand banks,and some sediment deposition.Stream B
is depicted asaa blue line onthe USGS quadrangle and asa stream onthe NRCS Soils Series Map.Stream Aisnot depicted on the USGS or
Soils Survey asa stream (blue line)feature.Stream A flows to Doby Creek (RPW).Wetland A drains through pipes to Stream B.Stream B
flows to Toby Creek (RPW).Both Doby Creek and Toby Creek flow to Mallard Creek (RPW)which flows to the Rocky River (RPW)which
flows to the Yadkin-Pee Dee River (TNW).