HomeMy WebLinkAbout20120647 Ver 1_401 Application_20120712cws
C rol Wet1 d S ry ce
Carolina Wetland Services, Inc
550 East Westinghouse Boulevard
Charlotte NC 28273
704 527 1177 Phone
704 527 1133 Fax
TO Ms Cyndi Karoly
NCDWQ — Wetlands and Stormwater Branch
512 N Salisbury St
9th Floor Archdale Building
Raleigh NC 27603
20120647
Date 628 12
CWS Project # 2011 2791
TD& ETD
LETTER OF TRANSMITTAL
I - =--, � 0
JUL - 2 2012
WE ARE SENDING YOU ®Attached ❑Under separate cover via the following items
❑ Prints ❑ Plans ❑ JD Package ❑ Specifications
❑ Copy of letter ❑ Change order ❑ Wetland Survey ® Other
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1
6/28/12
5
Application for Water Quality Certification No 3890
2
6/28/12
1
Application Fee Check ($240)
111hSE AKE TKAN SM14 -YED as checked below
®For approval ❑Approved as submitted
®For your use ❑Approved as noted
❑As requested ❑Returned for corrections
❑For review and comment
❑Resubmit copies for approval
❑Submit copies for distribution
❑Return corrected prints
❑For your verification and signature
REMARKS Cyndi,
Please find attached five copies of the Preconstruction Notification and application for Water Quality Certification
No 3890 for the Caldwell Depot Road Extension project A check for the application fee is also attached
Copy to File
Thank you
omas Blackwell PWS
Project Scientist
NORTH CAROLINA SOUTH CAROLINA
Corps Submittal Cover Sheet
Please provide the following info
1 Project Name Caldwell Station Crossing Project
2 Name of Property Owner /Applicant DR Horton POC Mr Doug Brown
3 Name of Consultant/Agent Carolina Wetland Services, Inc, Mr Gregg Antemann, PWS
*Agent authorization needs to be attached
4 Related/Previous Action ID number(s) N/A
5 Site Address Cadwell Depot Road, Cornelius, NC
6 Subdivision Name Caldwell Station ( 1 i' A M
7 City Cornelius
8 County Mecklenburg
9 Lat N35 453116° Long W80 8572140 (Decimal Degrees Please)
10 Quadrangle Name Cornelius, NC, dated 1996
11 Waterway Caldwell Station Creek
12 Watershed Santee (HU# 03050101)
13 Requested Action
X Nationwide Permit # 29
General Permit # JUL - 2012
X Jurisdictional Determination Request oENa nu 1 T
Pre Application Request
The following information will be completed by Corps office
AID
Prepare File Folder Assign number in ORM Begin Date
Authorization Section 10 Section 404
Project Description/ Nature of Activity/ Project Purpose
Site/Waters Name
Keywords
i
i
II ) CWS
Carol na Wetland Seances
February 21 2012
Mr Steve Kichefski
U S Army Corps of Engineers
151 Patton Avenue
Asheville NC 28801
550 E WESTINGHOUSE BLVD
CHARLOTTE NC 28273
866 527 1177 (office)
704 527 1133 (fax)
Subject Pre Construction Notification Pursuant to Nationwide Permit No 2 `1
Caldwell Depot Road Extension
Cornelius, North Carolina
Carolina Wetland Services Project No 2011 2791
The Caldwell Depot Road Extension Project is located in the towns of Cornelius and Huntersville
North Carolina (Figure 1 USGS Site Location Map) The project site is approximately two acres in
extent DR Horton has contracted Carolina Wetland Services Inc (CWS) to provide Section 404/401
permitting services for this project On behalf of our client CWS is submitting this Pre Construction
Notification (PCN) Form and documentation pursuant to a Nationwide Permit No ,1-4tr linear
transportation projects and a Water Quality Certification No Sf&X :zJ
3310
Applicant Name DR Horton — POC Mr Doug Brown
Mailing Address 5602 Casper Dnve Charlotte NC 28214
Phone Number of Owner /Applicant (704) 787 5622
Street Address of Project Waterway Caldwell Station Creek
Basin Santee (HU# 03050101)
City Cornelius
County Mecklenburg
Tax Parcel ID numbers Portions of 00535295 and 00535103
Decimal Degree Coordinate Location of Project Site N35 453116 W80 857214°
USGS Quadrangle Name Cornelius NC Quadrangle dated 1996
Project Background
The project is located adjacent to the existing Caldwell Station subdivision in Cornelius North
Carolina The Town of Cornelius had an agreement with the developer of the Caldwell Station
subdivision (DR Horton) and the developer of another proposed development on the north side of
Caldwell Station Creek to provide a connecting road for emergency vehicle access and general
connectivity of local roads Unfortunately the second developer has become insolvent and the
proposed development is now defunct The Town of Cornelius and DR Horton have now agreed to
construct a connector road from Caldwell Depot Road to Bailey Road in order to facilitate emergency
vehicle access and to meet the Town of Cornelius connectivity requirements
Current Land Use
The project area is approximately two acres in extent and is compnsed vacant land adjacent to an
existing subdivision of single family residential properties with maintained lawns and yards The
project area is crossed by a large power transmission right of way Dominant vegetation within the
project area consists of sweetgum (Liquidambar styraciflua) broomsedge (Andropogon virgimcus)
NORTH CAROLINA SOUTH CAROLINA
WWW CWS INC NET
Caldwell Depot Road Extension February 21 2012
Nationwide Permit No. 29 Application Protect No 2011 2791
sawtooth blackberry (Rubes argutus) goldenrod (Soltdago altissima) and Japanene honeysuckle
(Lonrcerajaponica)
According to the Soil Survey of Mecklenburg County' (Figure 2 NRCS Soil Survey Map attached)
on site soils consist of Cecil sandy clay loam 2 to 8 percent slopes eroded (CeB2) Cecil sandy clay
loam 2 to 8 percent slopes eroded (CeD2) Helena sandy loam 2 to 8 percent slopes (HeB) Monocan
Soils (MO) and Pacolet sandy loam 15 to 25 percent slopes (PaE)
Cecil sandy clay loam exhibits moderate permeability Helena sandy loam exhibits slow permeability
Monacan soils and Pacolet sandy loams exhibit moderate permeability Cecil sandy clay loam and
Pacolet sandy loam are well drained soils Helena sandy loam is moderately well drained Monacan
soils are somewhat poorly drained Both Helena sandy loam 2 to 8 percent slopes and Monocan soils
are listed in the North Carolina Hydric Soils List for Mecklenburg County as having hydric
inclusions2 Monacan soils (hydnc criteria 2B3 4) and Helena sandy loam 2 to 8 percent slopes
(hydric criteria 2B3 4) are listed as hydnc soils on the National Hydnc Soils Llst3
Jurisdictional Determination
On February 1 2012 CWS scientists Thomas Blackwell PWS and Kelly Hines delineated
jurisdictional waters of the U S within the project area Jurisdictional areas were delineated using the
U S Army Corps of Engineers (USAGE) Routine On Site Determination Method This method is
defined in the 1987 Corps of Engineers Wetlands Delineation Manua14 with further technical guidance
from the Eastern Mountains & Piedmont Interim Regional Supplements dated July 2010 A Wetland
Determination Data Form representative of non jurisdictional upland areas has been enclosed (DPI)
Jurisdictional stream channels were classified according to recent USACE and North Carolina
Division of Water Quality ( NCDWQ) guidance These classifications included sampling with a D
shaped dip net taking photographs and defining approximate breakpoints (location at which a channel
changes classification) within each on site stream channel A NCDWQ Stream Classification Form
and USACE Stream Quality Assessment Worksheet representative of Stream A are enclosed (SCP1)
' United States Department of Agriculture 1971 Soil Survey of Mecklenburg County North Carolina
2 United States Department of Agriculture — Natural Resources Conservation Service 1999 North Carolina Hydnc Sods List USDA NRCS North Carolina
State Office Raleigh
3 United States Department of Agriculture — Natural Resources Conservation Service 2010 2010 National Hydnc Sods List by State
4 Environmental Laboratory 1987 Corps of Engineers Wetlands Delineation Manual Technical Report Y 87 1 US Army Engineer
Waterways Experiment Station, Vicksburg Mississippi
5 US Army Corps of Engineers July 2010 Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual Eastern
Mountains and Piedmont Region US Army Engineer Research and Development Center Vicksburg Mississippi
2
Caldwell Depot Road Extension February 21 2012
Nationwide Permit No. 29 Application Project No. 2011 2791
The results of the on site field investigation indicate that there is one jurisdictional stream channel (Stream
A) located within the project area (Figure 3 attached) Stream A is identified as Caldwell Station Creek on
the USGS 7 5 Minute Topographic Map (Figure 1 attached) Caldwell Station Creek is a tributary to
McDowell Creek is located within the Santee River basin (HU# 03050101)6 and is classified as Class C
waters by the NCDWQ On Site Jurisdictional waters are summarized in Table 1 below
Table 1 Summary of On Site Jurisdictional Waters
Jurisdictional
Feature
Jurisdiction
SCP
No
NCDWQ
Stearn
Classification
Score
USACE
Stream
Assessment
Score
Approx
Length
Linear Feet
(If)
Approx
Acreage
ac
USACE/EPA
Rapanos
Classification
Intermittent/
Perennial
Stream A
RPW
Perennial
SCP1
345
42
213
002
On Site Total
213
0 02
Perennial RPW s
Perennial Relatively Permanent Waters (RPWs) are those that typically have year round flow These
streams typically have greater biological resources than Seasonal RPWs and Non RPWs and are
capable of supporting those resources that require perennial flow This section describes each on site
Perennial RPW stream and the field observations supporting these determinations
Stream A (Caldwell Station Creek) flows southwest through the center of the project area for
approximately 213 linear feet (Figure 3 attached) Stream A was evaluated to be a Perennial RPW
and exhibited strong bed and bank strong flow moderate sinuosity substrate consisting of coarse
sand and an average ordinary high water width of four feet Biological sampling within Perennial
RPW Stream A revealed a weak presence of macroinvertebrates and moderate presence of algae
Perennial RPW Stream A scored 42 out of a possible 100 points on the USACE Stream Quality
Assessment Worksheet and 34 5 out of a possible 63 points on the NCDWQ Stream Classification
Form indicating perennial status (SCP1 attached) Approximately 90 linear feet of Perennial Stream
A underneath the power line easement is currently lined with np rap Photographs A and B (Figure
3 attached) are representative of Perennial RPW Stream A An Approved Jurisdictional
Determination form for Perennial Stream A is included as RDP1
Agency Correspondence
Cultural Resources
A letter was forwarded to the State Historic Preservation Office (SHPO) on January 31 2012 to
determine the presence of any areas of architectural historic or archaeological significance that would
be affected by the project As of the date of this submittal a response from SHPO has not yet been
received CWS consulted the Charlotte Mecklenburg Historic Landmarks Commission database and
found no listed properties within the project area
Protected Species
A letter was forwarded to the North Carolina Natural Heritage Program (NCNHP) on January 31
2012 to determine the presence of any federally listed candidate endangered threatened species or
6 HU# is the Hydrologic Unit Code U S Geological Survey 1974 Hydrologic Unit Map State of North Carolina
3
Caldwell Depot Road Extension February 21 2012
Nationeide Permit No 29 Aoolication Project No 2011 2791
critical habitat located within the protect area In a response letter dated February 8 2012 the NCNHP
stated that The NCHP has no record of rare species significant natural communities significant
natural heritage areas or conservation/managed areas at the site nor within 0 55 mile of the protect
area However there is an NC Ecosystem Enhancement Program easement of 20 66 acres located
about 0 55 mile downstream (west) on Caldwell Station Creek This letter has been attached to this
permit package for your files
In addition the NCNHP Geographic Information Systems (GIS) database Virtual Workroom and
Element Occurrence (EO) database was reviewed for a listing of EOs of endangered or threatened
species within or near the project area The EO database identified no endangered or threatened species
within a 15 mile radius of the project area
Purpose and Need for the Protect
The Town of Cornelius would like to connect the existing Caldwell Station subdivision with Bailey
Road to the north of the subdivision This would improve the connectivity of the subdivision to both
Statesville Road and Old Statesville Road (Figure 1 attached) This connection is necessary to
improve public safety by facilitating faster emergency response times to the northwestern portion of
the subdivision
The purpose of this project is to construct an access road from Bailey Road to Caldwell Depot road
This access road will require a crossing over Caldwell Station Creek On behalf of our client CWS is
submitting a Pre Construction Notification (PCN) Form pursuant to a Nationwide Permit No 29 for
this project
Avoidance and N imunlzation
Impacts to on site jurisdictional waters of the U S have been reduced to the maximum extent possible
Proper sediment and erosion control measures will be used to minimize disturbances to downstream
waters All work will be constructed in the dry in accordance with Water Quality Certification No 3821
Impacts to the bed of the existing channel have been avoided wherever possible Permanent impacts to
jurisdictional waters of the U S will be limited to approximately 149 linear feet culvert The channel is
currently lined with np rap under the powerline right of way The proposed stream crossing will occur in
this np rap lined section thus avoiding impacts to higher quality stream sections The bottom of the
proposed pipe will be buried in order to maintain aquatic live passage
Proposed Impacts to Jurisdictional Waters
Unavoidable impacts to Jurisdictional Waters of the U S total 149 linear feet of permanent stream
impacts (Figure 4 attached) Impacts are the result of the installation of approximately 149 linear feet of
72 reinforced concrete pipe (RCP) to accommodate the proposed road crossing A profile view of the
proposed pipe is included as Figure 5 Proposed project impacts are summarized in Table 2 below
4
Caldwell Depot Road Extension February 21 2012
Nationwide Pernut No 29 Application Project No 2011 2791
Table 2 Summary of Impacts to On Site Jurisdictional Waters
Jurisdictional
onal
Intermittent
NWP
I Permanent
Approx.
Feature
/ Perennial
pact Type
No
Apprroximate
Acreage
RPW Stream A
Perennial
Culvert
29
1491f (Permanent)
001
Stream Impacts (Total)
1491f
0 01 acre
On behalf of DR Horton CWS is submitting a Pre Construction Notification Application with
attachments in accordance with Nationwide Permit General Condition No 27 (enclosed) and pursuant to
Nationwide Permit No 29
Compensatory Mitigation
Permanent impacts to jurisdictional waters of the U S have been limited to 149 linear feet of perennial
stream channel Therefore no mitigation is proposed for these impacts
Please do not hesitate to contact Gregg Antemann at 704 408 1683 or gregg @cws inc net should you
have any questions or comments regarding this permit application
� C i --
`PYiomas Blackwell PWS -re Antemann PWS
Project Scientist Principal Scientist
Enclosures Figure 1 USGS 7 5 Minute Cornelius NC Topographic Quadrangles
Figure 2 USDA NRCS Mecklenburg County Soil Survey
Figure 3 Approximate Jurisdictional Boundary Field Map
Figure 4 Proposed Impacts Plan
Figure 5 Proposed Impacts Profile
JD Request Form
Pre Construction Notification Pursuant to Nationwide Permit No 29
Agent Authorization Form
NCDWQ Stream Classification Forms (SCPl)
USACE Stream Quality Assessment Worksheets (SCP1)
Routine Wetland Determination Data Forms (DPI)
Approved Jurisdictional Determination Form (RDPI)
Agency Correspondence
cc Mr Dave Hughes DHI Construction Co
Mr Doug Brown DR Horton
Perennial RPW Stream A
- 149 If Impacted (Pipe)
4�i
L%7_1,
N 7\
S
x'00
a�
... 1►. 9dR.x
#W .•
7T ..............
20 S
CONCRETE"
WI N G WALL"
0 40 60 80
SCALE : 1 inCh 40 ft.
PREPARED BY
SUMMIT
SUMMIT LAND SERVICES, PC
ENGINEERS - PLANNERS - SURVEYORS
7�
PC P.O. BOX 7442 CHARLOTTE. NC 28241
LAND SERVICES, PC PH: (704) 504 -1717 PAX: (704) 504 -1125
D R HORTON
INC- TORREY
005- 352 -95
10630 -366
USE: VACANT
ZONED: NR
Perennial RPW
Stream A
CONCRETE
WINGWALL
0o�.
D.R HORTON
CADLWELL STATION
CHARLOTTE, NC
Proposed Impacts- Plan View
DRAWN BY: DKR SCALE: 1 " =40'
Figure
CHECKED BY: DKR DATE: 01 -27 -12 4
2:1
STREAM BED
CONCRETE
10' PEDESTRIAN /BIKE
PATH (TYP) ---I
anv CALDWELL DEPOT RD. arw
CROSS SECTION
i 62' R/W i
30" C &G
(TYP) I
7.0' PLANTER, 7.0' PLANTER
j LANE LANE j
I 1
STREAM BED
149 LF
RCP TO BE
BURIED 1ft BELOW
STREAM BED
PREPARED BY
SUMMIT
SUMMIT LAND SERVICES, PC
ENGINEERS - PLANNERS - SURVEYORS
P.O. BOX 7442 CHARLOTTE. NC 28241
LAND '` ^7�7 D SERVICE S, PC PH: (704) 504 -1717 FAX (704) 504 -1125
2:1
STREAM BED
CONCRETE
D.R HORTON
CADLWELL STATION
CHARLOTTE, NC
Proposed Impacts- Profile
DRAWN BY: DKR SCALE: NTS' Figure
CHECKED BY: DKR DATE: 01 -27 -12 5
REQUEST FOR JURISDICTIONAL DETERMINATION
DATE February 21, 2012
COUNTY Mecklenburg County, North Carolina TOTAL ACREAGE OF TRACT 2 acres
PROJECT NAME (if applicable) Caldwell Depot Road Extension
PROPERTY OWNER/APPLICANT (name address and phone)
DR Horton
POC Mr Doug Brown at (704) 787 5622
5602 Casper Drive
Charlotte, North Carolina 28214
NAME OF CONSULTANT, ENGINEER, DEVELOPER (if applicable)
Carolina Wetland Services, Inc
POC Mr Gregg Antemann, PWS at 704 527 1177
550 E Westinghouse Blvd
Charlotte, NC 28273
STATUS OF PROJECT (check one)
( ) On going site work for development purposes
( X) Project in planning stages
(Type of project Road Connectivity Project )
( ) No specific development planned at present
( ) Project already completed
(Type of project
ADDITIONAL INFORMATION REQUIRED
Check items submitted forward as much information as is available At a minimum the following first two items must be
forwarded
(X) Figure 1 USGS 7 5 Minute Cornelius NC Topographic Quadrangles
(X) Figure 2 USDA NRCS Mecklenburg County Soil Survey
(X) Figure 3 Approximate Jurisdictional Boundary Field Map
(X) Figures 4 & 5 Proposed Impacts
(X) Pre Construction Notification Pursuant to Nationwide Permit No 29
(X) NCDWQ Stream Classification Forms (SCP1)
(X) USACE Stream Quality Assessment Worksheets (SCP1)
(X) USACE Wetland Determination Data Form (DPI)
(X) Approved Jurisdictional Determination Form
472 C
Signature of Property Owner or
Authorized Agent
Mr Gregg Antemann PWS
AGENT CERTIFICATION OF AUTHORIZATION
I Doug Brown representing DR Horton hereby certify that I have authorized Gregg C
Antemann of Carolina Wetland Services Inc to act on my behalf and take all actions
necessary to the processing issuance and acceptance of this request for wetlands
determination / permitting and any and all standard and special conditions attached
We hereby certify that the above information submitted in this application is true and
accurate to the best of our knowledge
Applicant t signature
Date
Agent s signature
02/14/12
Date
Completion of this form will allow the agent to sign all future application correspondence
ot W ArF9OG
�J
O t
Office Use Only
Corps action ID no
DWQ project no
Form Version 13 Dec 10 2008
Page 1 of 12
PCN Form — Version 1 3 December 10 2008 Version
Pre - Construction Notification PC Form
A Applicant Information
1
Processing
1a
Type(s) of approval sought from the
Corps
®Section 404 Permit El Section 10 Permit
1b Specify Nationwide Permit (NWP) number 29 or General Permit (GP) number
1c
Has the NWP or GP number been verified by the Corps?
❑ Yes
® No
1 d
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
If
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
Caldwell Depot Road Extension
2b
County
Mecklenburg
2c
Nearest municipality / town
Cornelius
2d
Subdivision name
Caldwell Station
2e
NCDOT only T I P or state
project no
N/A
3
Owner Information
3a
Name(s) on Recorded Deed
Caldwell Station Home Owners Association Inc
3b
Deed Book and Page No
26300 782
3c
Responsible Party (for LLC if
applicable)
N/A
3d
Street address
919 NORLAND RD
3e
City state zip
CHARLOTTE NC 28203
3f
Telephone no
3g
Fax no
3h
Email address
Page 1 of 12
PCN Form — Version 1 3 December 10 2008 Version
4
Applicant Information (if different from owner)
4a
Applicant is
❑ Agent ® Other specify DR Horton
4b
Name
Mr Doug Brown
4c
Business name
(if applicable)
DR Horton
4d
Street address
5602 Casper Drive
4e
City state zip
Charlotte NC 28214
4f
Telephone no
(704) 787 5622
4g
Fax no
4h
Email address
5
Agent/Consultant Information (if applicable)
5a
Name
Gregg Antemann PWS
5b
Business name
(if applicable)
Carolina Wetland Services Inc
5c
Street address
550 E Westinghouse Blvd
5d
City state zip
Charlotte NC 28273
5e
Telephone no
704 527 1177
5f
Fax no
704 527 1133
5g
Email address
gregg @cws inc net
Page 2 of 12
PCN Form — Version 1 3 December 10 2008 Version
B
Project Information and Prior Project History
7
Property Identification
1a
Property identification no (tax PIN or parcel ID)
Portions of 00535295 and 00535103
lb
Site coordinates (in decimal degrees)
Latitude 35 453116 Longitude 8085721
(DD DDDDDD) ( DD DDDDDD)
1c
Property size
2 acres
2
Surface Waters
2a
Name of nearest body of water (stream river etc ) to
Caldwell Station Creek
proposed project
2b
Water Quality Classification of nearest receiving water
Class C
2c
River basin
Santee (HU# 03050101)
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
The project area is approximately two acres in extent and is comprised vacant land adjacent to and existing subdivision of
single family residential properties with maintained lawns and yards The project area is crossed by a large power
transmission right of way Dominant vegetation within the project area consists of sweetgum (Ligwdambar styraciflua)
broomsedge (Andropogon virginicus) sawtooth blackberry (Rubus argutus) goldenrod (Solidago altissima) and
Japanene honeysuckle (Lonicera japonica)
3b
List the total estimated acreage of all existing wetlands on the property
0
3c
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
213 linear feet of perennial stream channel
3d
Explain the purpose of the proposed project
The Town of Cornelius would like to connect the existing Caldwell Station subdivision with Bailey Road to the north of the
subdivision This would improve the connectivity of the subdivision to both Statesville Road and Old Statesville Road
(Figure 1 attached) This connection is a necessary to improve public safety by facilitating faster emergency response
times to the northwestern portion of the subdivision
The purpose of this project is to construct an access road from Bailey Road to Caldwell Depot road This access road will
require a crossing over Caldwell Station Creek
3e
Describe the overall project in detail including the type of equipment to be used
The project will involve the construction of a road crossing over Caldwell Station Creek Approximately 149 linear feet of
Caldwell Station Creek will be piped with 72 reinforced concrete pipe (RCP) to accommodate the proposed road
crossing A plan view and profile of the proposed pipe are included as Figures 4 and 5 The bottom of the pipe will be
burned to ensure aquatic live passage Proposed project impacts are summarized in Table 2 A track hoe and other
typical construction equipment will be used to construct this project
Page 3 of 12
PCN Form — Version 1 3 December 10 2008 Version
4
Jurisdictional Determinations
4a
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
❑ Yes ® No ❑ Unknown
project (including all prior phases) in the past?
Comments
4b
If the Corps made the jurisdictional determination what type
❑ preliminary ❑ Final
of determination was made?
4c
If yes who delineated the jurisdictional areas?
Agency /Consultant Company
Name (if known)
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
❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
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
Page 4 of 12
PCN Form — Version 13 December 10 2008 Version
C Proposed Impacts Inventory
1 Impacts Summary
la 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
2b
2c
2d
2e
2f
Wetland impact
Type of Jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps 404 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404 other)
(acres)
Temporary
W1 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
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
3b
3c
3d
3e
3f
3g
Stream impact
Type of impact
Stream name
Perennial
Type of Jurisdiction
Average
Impact
number
(PER) or
(Corps 404 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ®P ❑ T
72 CULVERT
Perennial RPW
® PER
® Corps
4
149
Stream A
❑INT
❑ DWQ
S2 ®P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h Total stream and tnbutary impacts
149
31 Comments Permanent Impacts to Jurisdictional Streams total 149 if (0 01 acre) of perennial stream
Page 5 of 12
PCN Form — Version 1 3 December 10 2008 Version
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
4b
4c
4d
4e
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary
01 ❑P ❑T
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
417 Total open water impacts
4g Comments
5 Pond or Lake Construction
If pond or lake construction proposed then complete the chart below
5a
5b
5c
5d
5e
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f Total
5g Comments
5h Is a dam high hazard permit required?
❑ Yes ❑ No If yes permit ID no
51 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
❑ Neuse ❑ Tar Pamlico ❑ Other
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b
6c
6d
6e
6f
6g
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary
impact
required?
B1 ❑P ❑T
El Yes
❑ No
B2 ❑ P ❑ T
❑ Yes
❑ No
133 ❑ P ❑ T
❑ Yes
❑ No
6h Total buffer impacts
61 Comments
Page 6of12
PCN Form — Version 13 December 10 2008 Version
D Impact Justification and Mitigation
1 Avoidance and Minimization
la Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
Impacts to on site jurisdictional waters of the U S have been reduced to the maximum extent possible Proper sediment and
erosion control measures will be used to minimize disturbances to downstream waters All work will be constructed in the dry
in accordance with Water Quality Certification No 3821
Impacts to the bed of the existing channel have been avoided wherever possible Permanent impacts to jurisdictional waters
of the U S will be limited to approximately 149 linear feet culvert The channel is currently lined with rip rap under the
powerline right of way The proposed stream crossing will occur in this rip rap lined section thus avoiding impacts to higher
quality stream sections The bottom of the proposed pipe will be buried in order to maintain aquatic live passage
1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
Impacts to on site jurisdictional waters of the U S have been reduced to the maximum extent possible Proper sediment and
erosion control measures will be used to minimize disturbances to downstream waters All work will be constructed in the dry
in accordance with Water Quality Certification No 3821
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
El 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
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
❑ warm ❑ cool ❑cold
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
Page 7 of 12
PCN Form — Version 1 3 December 10 2008 Version
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 12
PCN Form — Version 1 3 December 10 2008 Version
E
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1
Diffuse Flow Plan
la
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b
If yes then is a diffuse flow plan included? If no explain why
❑ Yes El No
Comments
2
Stormwater Management Plan
2a
What is the overall percent imperviousness of this project?
N/A %
2b
Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c
If this project DOES NOT require a Stormwater Management Plan explain why The project is a road transportation
connectivity project
2d
If this project DOES require a Stormwater Management Plan then provide a brief narrative description of the plan
❑ Certified Local Government
2e
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3
Certified Local Government Stormwater Review
3a
In which local government s jurisdiction is this project?
Cornelius
❑ Phase it
3b
Which of the following locally implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply)
❑ Water Supply Watershed
❑ Other
3c
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4
DWQ Stormwater Program Review
❑ Coastal counties
4a
Which of the following state implemented stormwater management programs apply
❑ HQW
❑ ORW
(check all that apply)
❑ 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
Page 9 of 12
PCN Form — Version 1 3 December 10 2008 Version
F
Supplementary Information
1
Environmental Documentation (DWQ Requirement)
1a
Does the project involve an expenditure of public (federal /state/local) funds or the
❑ Yes
® No
use of public (federal /state) land?
lb
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
❑ Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c
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)
❑ Yes
❑ No
Comments
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
❑ Yes
® No
or Riparian Buffer Rules (15A NCAC 2B 0200)?
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
❑ Yes
® No
additional development which could impact nearby downstream water quality?
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
The project is a connectivity project and will not result in additional development
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
N/A
Page 10 of 12
PCN Form — Version 1 3 December 10 2008 Version
6 Endangered Species and Designated Critical Habitat (Corps Requirement)
5a Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
❑ Raleigh
5c If yes indicate the USFWS Field Office you have contacted
❑ Asheville
5d What data sources did you use to determine whether your site would Impact Endangered Species or Designated Critical
Habitat?
A letter was forwarded to the North Carolina Natural Heritage Program (NCNHP) on January 31 2012 to determine the
presence of any federally listed candidate endangered threatened species or critical habitat located within the project
area In a response letter dated February 8 2012 the NCNHP stated that The NCHP has no record of rare species
significant natural communities significant natural heritage areas or conservation /managed areas at the site not within
0 55 mile of the project area
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?
NOAA Fisheries http / /sharpfin nmfs noaa gov /website /EFH_Mapper /map aspx
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
❑ Yes ® No
status (e g National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b What data sources did you use to determine whether your site would impact historic or archeological resources?
A letter was forwarded to the State Historic Preservation Office (SHPO) on January 31 2012 to determine the presence
of any areas of architectural historic or archaeological significance that would be affected by the project As of the date
of this submittal a response from SHPO has not yet been received CWS consulted the Charlotte Mecklenburg Historic
Landmarks Commission database and found no listed properties within the project area
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? FEMA FIRM
Mr Gregg Antemann PWS
zn- C
02 17 12
Applicant/Agents Printed Name
Applicant/Agents Signature
Date
(Agent s signature is valid only if an authorization letter from the applicant
is provided
Page 11 of 12
PCN Form — Version 13 December 10 2008 Version
Page 12 of 12
PCN Form — Version 13 December 10 2008 Version
NC DWO Stream Identification Form Version 411
Date z_' .. 2d I Z
Project/Site 6c JJ J' � (-
Latitude
Evaluator -t.
County me&A
Longitude (40 $5'72146
Total Points
Stream is at least intermittent 5'
Stream Determination (cir e ona.1
Ephemeral Intermitte Perennial
Other
e g quad Name
if 2:19 t 19 or erennlal if a 30
2 Sinuosity of channel along thalweg
0
A Geomorphology (Subtotal = ) K )
Absent
Weak
Moderate
Strong
1" Continuity of channel bed and bank
0
1
2
CD
2 Sinuosity of channel along thalweg
0
1
2
3
3 In channel structure ex riffle pool step -pool
ripple pool sequence
0
�
2
3
4 Particle size of stream substrate
0
1 05
2
3
5 Active /relict floodplam
0
Yes
2
3
6 Depositional bars or benches
0
1
2
3
7 Recent alluvial deposits
0
05
2
3
8 Headcuts
0 )
FACW = 0 75 OBL = 15 Other= 0
2
3
9 Grade control
0
05
1
10 Natural valley
0
05
1
Cl
11 Second or greater order channel
No = 0
Y s = 3
artificial ditches are not rated see discussions in manual
B Hvdroloav (Subtotal= I C? )
12 Presence of Baseflow
0
1
2
3
13 Iron oxidizing bacteria
W
1
2
3
14 Leaf litter
1 P
1
05
0
15 Sediment on plants or debris
0
05
2
15
16 Organic debris lines or piles
0
1 05
1
ell 5
17 Sod based evidence of high water table?
No = 0
Yes
t- 3
C Blologv (Subtotal= 6 5- )
18 Fibrous roots in streambed
2
1
0
19 Rooted upland plants in streambed
W
2
1
0
20 Macrobenthos (note diversity and abundance)
0
1
2
3
21 Aquatic Mollusks
CD
1
2
3
22 Fish
0
05
1
15
23 Crayfish
0
05
1
15
24 Amphibians
0
0:5
1
16
25 Algae
0
05
QiJ
15
26 Wetland plants in streambed
FACW = 0 75 OBL = 15 Other= 0
perennial streams may also be identified using other methods Seep 35 of manual
Notes
Sketch
OFFICE USE ONLY USACE AID# DWQ #
SCPI — Perennial RPW Stream A
g
STREAM QUALITY ASSESSMENT WORKSHEET
W
1 Applicants Name DR Horton 2 Evaluator s Name Thomas Blackwell, PWS & Kelly Hines
3 Date of Evaluation 2 1 2012 4 Time of Evaluation 9 00 AM
5 Name of Stream Caldwell Station Creek 6 River Basm Santee (HU# 03050101)
7 Approximate Drainage Area 318 acres 8 Stream Order second
9 Length of Reach Evaluated 300 feet 10 County Mecklenburg
11 Location of reach under evaluation (include nearby roads and landmarks) Site located at the end of Caldwell Depot Rd on the
northwest side of Train Station Dr
12 Site Coordinates (if known) N35 4531160, W80 8572140
13 Proposed Channel Work (if any) N/A
14 Recent Weather Conditions dry, cool, no rain in last 48 hours
15 Site conditions at time of visit overcast, 50
16 Identify any special waterway classifications known ^Section 10 _Tidal Waters _Essential Fisheries Habitat
_Trout Waters _Outstanding Resource Waters _ Nutrient Sensitive Waters _Water Supply Watershed _(I IV)
17 Is there a pond or lake located upstream of the evaluation point? G NO If yes estimate the water surface area 1 14 acres
18 Does channel appear on USGS quad map ?Q NO 19 Does channel appear on USDA Soil Survey ?(D NO
20 Estimated Watershed Land Use 40 % Residential 40_% Commercial _% Industrial _% Agricultural
20 % Forested _% Cleared / Logged _% Other (
21 Bankfull Width
22 Bank Height (from bed to top of bank)
23 Channel slope down center of stream _Flat (0 to 2 %) X Gentle (2 to 4 %) _Moderate (4 to 10 %) _Steep ( >10 %)
24 Channel Sinuosity Straight X Occasional Bends _Frequent Meander _Very Sinuous _Braided Channel
Instructions for completion of worksheet (located on page 2) Begin by determining the most appropriate ecoregion based on
location terram vegetation stream classification, etc Every characteristic must be scored using the same ecoregion Assign points to each
characteristic within the range shown for the ecoregion Page 3 provides a brief description of how to review the characteristics identified in the
worksheet Scores should reflect an overall assessment of the stream reach under evaluation If a characteristic cannot be evaluated due to site or
weather conditions enter 0 in the scoring box and provide an explanation in the comment section Where there are obvious changes in the character
of a stream under review (e g the stream flows from a pasture into a forest) the stream may be divided into smaller reaches that display more
continuity and a separate form used to evaluate each reach The total score assigned to a stream reach must range between 0 and 100 with a score
of 100 representing a stream of the highest quality
Total Score (from reverse) 42 Comments rip rap lined under powerline right of way
Evaluator s Signature ,,le 6`'' Date 2/1/2012
This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in
gathering the data required by the United States Army Corps of Engineers in order to make a preliminary assessment of
stream quality The total score resulting from the completion of this form is subject to USACE approval and does not imply a
particular mitigation ratio or requirement Form subject to change — version 05103 To Comment please call 919 876 8441 x 26
STREAM QUALITY ASSESSMENT WORKSHEET
SCP1— Perennial RPW Stream A
these characteristics are not assessed in coastal streams
ECOREGION POINT
RANGE
#
CHARACTERISTICS
SCORE
Coastal
Piedmont
Mountain
1
Presence of flow / persistent pools in stream
no flow or saturation = 0 strong flow = max points)
0-5
0 — 4
0-5
4
2
Evidence of past human alteration
0-6
0-5
0-5
2
extensive alteration = 0 no alteration = max points)
3
Riparian zone
0-6
0-4
0-5
1
no buffer = 0 contiguous, wide buffer = max points)
4
Evidence of nutrient or chemical discharges
extensive discharges = 0 no discharges = max points)
0-5
0-4
0-4
4
„ a
5
Groundwater discharge
0-3
0-4
0-4
4
no discharge = 0 springs, sees wetlands etc = max oints
U
6
Presence of adjacent floodplam
0— 4
0— 4
0— 2
1
no flood lain = 0 extensive flood lam = max points)
a
Entrenchment / floodplam access
(deeply entrenched = 0 frequent flooding = max points)
0— 5
0— 4
0— 2
0
8
Presence of adjacent wetlands
no wetlands = 0 large adjacent wetlands = max points)
0-6
0-4
0-2
0
9
Channel sinuosity
0-5
0-4
0-3
2
extensive channelization = 0 natural meander = max points)
10
Sediment input
0-5
0-4
0-4
2
extensive deposition= 0 little or no sediment = max omts
11
Size & diversity of channel bed substrate
fine homogenous = 0 tare diverse sizes = max points)
NA*
0-4
0 - 5
1
12
Evidence of channel incision or widening
>4
(deeply incised = 0 stable bed & banks = max points)
0-5
0 - 4
0-5
2
F"
13
Presence of major bank failures
0-5
0 — 5
0-5
3
J
r-v
severe erosion = 0 no erosion stable banks = max points)
14
Root depth and density on banks
no visible roots = 0 dense roots throughout = max points)
0-3
0 - 4
0-5
2
15
Impact by agriculture or livestock production
substantial impact =0 no evidence = max points)
0-5
0 — 4
0-5
4
16
Presence of riffle pool/ripple pool complexes
no riffles/ripples or pools = 0 well developed = max points)
0-3
0 - 5
0-6
2
d
1?
Habitat complexity
0-6
0 — 6
0-6
2
little or no habitat = 0 frequent, vaned habitats = max points)
18
Canopy coverage over streambed
no shading vegetation = 0 continuous canopy = max points)
0-5
0-5
0-5
0
19
Substrate embeddedness
(deeply embedded = 0 loose structure = max
NA*
0-4
0-4
2
20
Presence of stream invertebrates
0-4
0-5
0-5
2
no evidence = 0 common numerous types = max points)
21
Presence of amphibians
O
no evidence = 0 common numerous types = max omts
0-4
0-4
0-4
1
O
22
Presence of fish
0-4
0-4
0-4
0
no evidence = 0 common numerous types = max points)
23
Evidence of wildlife use
0-6
0— 5
0-5
1
no evidence = 0 abundant evidence = max points)
Total Points Possible
100
100
100
TOTAL SCORE (also enter on first page)
42
these characteristics are not assessed in coastal streams
WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont
Prolect/Site Caldwell Station Crossing City /County Mecklenburg Sampling Date 2/1/2012
Applicant/Owner DR Horton State NC Sampling Point DP1
Investigators) Thomas Blackwell PWS Section Township Range Cornelius NC
Landform (hillslope terrace etc) floodplain terrace Local relief (concave convex none) None slope(/) 0 2%
Subregion (LRR or MLRA) MLRA Let N35 4531160 Long W80 8572140 Datum NAD 83
Soil Map Unit Name Cecil sandy clay loam 2 to 8 percent slopes (Ce62) NWI classification N/A
Are climatic / hydrologic conditions on the site typical for this time of year? Yes ✓ No (If no explain in Remarks)
Are Vegetation Sod or Hydrology significantly disturbed? Are Normal Circumstances present? Yes ✓ No
Are Vegetation Sod or Hydrology naturally problematic? (If needed explain any answers in Remarks )
SUMMARY OF FINDINGS — Attach site map showing sampling point locations transects important features etc
Hydrophytic Vegetation Present? Yes No ✓
Is the Sampled Area
Hydnc Sod Present? Yes No ✓ within a Wetland? Yes No ✓
Wetland Hydrology Present? Yes No ✓
Remarks
Area is representative of a non jurisdictional upland area
HYDROLOGY
Wetland Hydrology Indicators
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required, check all that apply) _
Surface Sod Cracks (136)
_ Surface Water (Al)
_ True Aquatic Plants (B14) _
Sparsely Vegetated Concave Surface (138)
_ High Water Table (A2)
_ Hydrogen Sulfide Odor (Cl) —
Drainage Patterns (B10)
Saturation (A3)
_ Oxidized Rhizospheres on Living Roots (C3) _
Moss Trim Lines (1316)
_ Water Marks (81)
— Presence of Reduced Iron (C4) _
Dry Season Water Table (C2)
_ Sediment Deposits (B2)
_ Recent Iron Reduction in Tilled Sods (C6) _
Crayfish Burrows (C8)
_ Drift Deposits (133)
_ Thin Muck Surface (C7) _
Saturation Visible on Aerial Imagery (C9)
_ Algal Mat or Crust (B4)
_ Other (Explain in Remarks) _
Stunted or Stressed Plants (D1)
_ Iron Deposits (B5)
_
Geomorphic Position (D2)
_ Inundation Visible on Aerial Imagery (137)
_
Shallow Aquitard (03)
_ Water Stained Leaves (139)
_
Microtopographic Relief (D4)
_ Aquatic Fauna (B13)
✓
FAC Neutral Test (D5)
Field Observations
Surface Water Present? Yes No
✓ Depth (inches)
Water Table Present? Yes No
✓ Depth (inches)
Saturation Present? Yes No
✓ Depth (inches)
Wetiand Hydrology Present? Yes No ✓
includes capillary fringe)
Describe Recorded Data (stream gauge monitoring well aerial photos previous inspections) if available
Remarks
No Indicators of wetland hydrology were present at the sampling point
US Army Corps of Engineers Eastern Mountains and Piedmont — Interim Version
A
VEGETATION (Four Strata) — Use scientific names of plants
Sampling Point DP1
Remarks (Include photo numbers here or on a separate sheet)
Less than 50% of the dominant species are FAC or wetter
US Army Corps of Engineers Eastern Mountains and Piedmont – Interim Version
Absolute
Dominant Indicator
Dominance Test worksheet
Tree Stratum (Plot size )
° Cover Soecies? Status
Number of Dominant Species
1
That Are OBL FACW or FAC 1 (A)
2
Total Number of Dominant
3
Species Across All Strata 3 (B)
4
Percent of Dominant Species
5
o
That Are OBL FACW or FAC -33% (A/B)
6
Prevalence Index worksheet
7
8
Total 0/ Cover of Multiply by
= Total Cover
OBL species x 1 =
Sapling /Shrub Stratum (Plot size
)
FACW species x2=
1 Liqudambar styraciflua
5
No FAC
FAC species x3=
2
FACU species x4=
3
UPL species X5=
4
Column Totals (A) (B)
5
6
Prevalence Index = B/A =
Hydrophytic Vegetation Indicators
7
8
_ 1 Rapid Test for Hydrophytic Vegetation
g
_ 2 Dominance Test is >50 /
3 Prevalence Index is s3 0'
10
_
5
4 4 Morphological Adaptations' (Provide supporting
= Total Cover
data in Remarks or on a separate sheet)
Herb Stratum (Plot size )
1 Andropogon vlrgmicus
10
No FAC
— Problematic Hydrophytic Vegetation' (Explain)
2 Rubus argutus
40
Yes FACU
3 Panicurn sp
20
N/A
'Indicators of hydnc sod and wetland hydrology must
be present unless disturbed or problematic
4 Solidago altissima
20
Yes FACU
Definitions of Four Vegetation Strata
5 Lonicera japonica
10
Yes FAC
6
Tree – Woody plants excluding vines 3 in (7 6 cm) or
more in diameter at breast height (DBH) regardless of
7
height
8
Sapling/Shrub – Woody plants excluding vines less
g
than 3 in DBH and greater than 3 28 ft (1 m) tall
10
11
Herb –All herbaceous (non woody) plants regardless
of size and woody plants less than 3 28 ft tall
12
100
= Total Cover
Woody vine – All woody vines greater than 3 28 ft in
Woody Vine Stratum (Plot size
)
height
1
2
3
4
S
Hydrophytic
Vegetation
6
Present? Yes No
= Total Cover
Remarks (Include photo numbers here or on a separate sheet)
Less than 50% of the dominant species are FAC or wetter
US Army Corps of Engineers Eastern Mountains and Piedmont – Interim Version
SOIL Sampling Point DP1
Profile Description (Describe to the depth needed to document the Indicator or confirm the absence of indicators )
Depth Matrix Redox Features
(inches) Color (moist) °/ Color (moist) / Tvoe Loc Texture Remarks
05 2 5YR 4/6 100 Slit loam
512 10YR 5/3 100 Silt loam
Hydric Soil Indicators
_ Histosol (Al)
_ Histic Epipedon (A2)
Black Histic (A3)
_ Hydrogen Sulfide (A4)
_ Stratified Layers (A5)
_ 2 cm Muck (A10) (LRR N)
Depleted Below Dark Surface (A11)
Thick Dark Surface (Al2)
Sandy Mucky Mineral (S1) (LRR N
MLRA 147 148)
Sandy Gleyed Matrix (S4)
_ Sandy Redox (S5)
_ Stripped Matrix (S6)
Restrictive Layer (if observed)
Type
Depth (inches)
MS= Masked Sand Grains 2Location PL =Pore Lining M= Matrix
Indicators for Problematic Hydric Sc
_ Dark Surface (S7)
_ Polyvalue Below Surface (S8) (MLRA 147 148)
_ Thin Dark Surface (S9) (MLRA 147 148)
_ Loamy Gleyed Matrix (F2)
_ Depleted Matrix (F3)
_ Redox Dark Surface (F6)
_ Depleted Dark Surface (F7)
_ Redox Depressions (F8)
_ Iron Manganese Masses (F12) (LRR N
MLRA 136)
Umbnc Surface (F13) (MLRA 136 122)
_ Piedmont Floodplain Soils (F19) (MLRA 148)
Remarks
No Indicators of hydric soils are present
_ 2 cm Muck (A10) (MLRA 147)
_ Coast Prairie Redox (A16)
(MLRA 147 148)
_ Piedmont Floodplain Sods (F19)
(MLRA 136 147)
_ Red Parent Material (TF2)
Very Shallow Dark Surface (TF12)
_ Other (Explain in Remarks)
3Indicators of hydrophytic vegetation and
wetland hydrology must be present
unless disturbed or problematic
Hydric Soil Present? Yes No ''
US Army Corps of Engineers Eastern Mountains and Piedmont — Interim Version
APPROVED JURISDICTIONAL DETERMINATION FORM
U S Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook
SECTION I BACKGROUND INFORMATION
A REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD) Februray 1 2012
B DISTRICT OFFICE FILE NAME AND NUMBER Asheville Field Office
C PROJECT LOCATION AND BACKGROUND INFORMATION Perennial Stream A
State North Carolina County /pansh/borough Mecklenburg County City Cornelius
Center coordinates of site (lat/long in degree decimal format) Lat 35 453116 N Long 80 857214 W
Universal Transverse Mercator NAD 83
Name of nearest waterbody Caldwell Station Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows Catawba River
Name of watershed or Hydrologic Unit Code (HUC) Santee HUC 03050101
® Check if map /diagram of review area and/or potential Jurisdictional areas is /are available upon request
❑ Check if other sites (e g offsite 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
Field Determination Date(s) February 1 2012
SECTION II SUMMARY OF FINDINGS
A RHA SECTION 10 DETERMINATION OF JURISDICTION
There r no navigable waters of the US within Rivers and Harbors Act (RHA) Jurisdiction (as defined by 33 CFR part 329) in the
review area [Required]
❑ Waters subject to the ebb and flow of the tide
❑ 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 Afire `waters of the US 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 of waters of U S in review area (check all that apply) '
❑ TNWs including territorial seas
❑ Wetlands adjacent to TNWs
® Relatively permanent waterS2 (RPWs) that flow directly or indirectly into TNWs
❑ Non RPWs that flow directly or indirectly into TNWs
❑ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non RPWs that flow directly or indirectly into TNWs
Impoundments of Junsdictional waters
❑ Isolated (interstate or intrastate) waters including isolated wetlands
b Identify (estimate) size of waters of the U S in the review area
Non wetland waters 213 linear feet 4 width (ft) and/or 0 02 acres
Wetlands acres
c Limits (boundaries) of jurisdiction based on Estabhshed by OHR'M.
Elevation of established OHWM (if known)
2 Non regulated waters /wetlands (check if applicable) 3
❑ 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 of tlus form an RPW is defined as a tributary that is not a TNW and that typically flows year round or has continuous flow at least seasonally
(e g typically 3 months)
3 Supporting documentation is presented in Section III F
SECTION III CWA ANALYSIS
A TNT's AND WETLANDS ADJACENT TO TN'Ws
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs If the aquatic resource is a TNW complete
Section III A 1 and Section III D 1 only if the aquatic resource is a wetland adjacent to a TNW complete Sections III A 1 and 2
and Section III 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 wetland is adjacent
B CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY)
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands if any and it helps
determine whether or not the standards for jurisdiction established under Rapaeos have been met
The agencies will assert jurisdiction over non navigable tributaries of TNWs where the tributaries are relatively permanent
waters (RPWs) ► 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 III D 2 If the aquatic resource is a wetland directly abutting a tributary with perennial flow
skip to Section III D 4
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water even
though a significant nexus finding is not required as a matter of law
If the waterbody° is not an RPW or a wetland directly abutting an RPW a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW If the tributary has adjacent wetlands the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands This significant nexus evaluation that combines for
analytical purposes the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary or its adjacent wetlands or both If the JD covers a tributary with adjacent wetlands complete Section III B 1 for
the tributary Section III B 2 for any onsite wetlands and Section HI B 3 for all wetlands adjacent to that tributary both ons►te
and offs►te The determination whether a significant nexus exists is determined in Section III C below
1 Characteristics of non TNWs that flow directly or indirectly into TNW
(i) General Area Conditions
Watershed size a reca
Drainage area Pick List
Average annual rainfall inches
Average annual snowfall inches
(n) Physical Characteristics
(a) Relationship with TNW
❑ Tributary flows directly into TNW
❑ Tributary flows through icck L>�st tributaries before entering TNW
Protect waters are Pick List river miles from TNW
Protect waters are Pick List river miles from RPW
Protect waters are Pick List aerial (straight) miles from TNW
Project waters are Pick List aerial (straight) miles from RPW
Protect waters cross or serve as state boundaries Explain
Identify flow route to TNW5
Tributary stream order if known
Note that the Instructional Guidebook contains additional information regarding swales ditches washes and erosional features generally and in the and
West
5 Flow route can be described by identifying e g tributary a, which flows through the review area, to flow into tributary b which then flows into TNW
(b) General Tributary Characteristics (check all that apply)
Tnbutary is ❑ Natural
❑ Artificial (man made) Explain
❑ Manipulated (man altered) Explain Has been ditched and straightened
Tnbutary properties with respect to top of bank (estimate)
Average width feet
Average depth feet
Average side slopes Pick List.
Primary tributary substrate composition (check all that apply)
® Silts ® Sands ❑ Concrete
❑ Cobbles ® Gravel ❑ Muck
❑ Bedrock ❑ Vegetation Type /% cover
[:1 Other Explain
Tributary condition/stability [e g highly erodmg sloughing banks] Explain
Presence of run/nflle /poop 1 complexes Explain Poorly developed riffle pool complexes
Tributary geometry kick List
Tributary gradient (approximate average slope) %
(c) Flow
Tributary provides for
Lek List
Estimate average number of flow events in review area/year iciP k List
Describe flow regime Discrete and confined
Other information on duration and volume
Surface flow is Eck Liss Characteristics
Subsurface flow Pick List Explain findings
❑ Dye (or other) test performed
Tributary has (check all that apply)
❑ Bed and banks
❑ OHWNI6 (check all indicators that apply)
❑ clear natural line impressed on the bank
❑
❑ changes in the character of soil
❑
❑ shelving
❑
❑ vegetation matted down, bent or absent
❑
❑ leaf litter disturbed or washed away
❑
❑ sediment deposition
❑
❑ water staining
❑
❑ other (list)
❑ Discontinuous OHWM 7 Explain
If factors other than the OHWM were used to determ
❑ High Tide Line indicated by ❑
❑ oil or scum line along shore objects
❑ fine shell or debris deposits (foreshore)
❑ physical markmgs/charactenstics
❑ tidal gauges
❑ other (list)
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
me lateral extent of CWA jurisdiction (check all that apply)
Mean High Water Mark indicated by
❑ survey to available datum
❑ physical markings
❑ vegetation lines /changes in vegetation types
(in) Chemical Characteristics
Characterize tributary (e g water color is clear discolored, oily film water quality general watershed characteristics etc )
Explain Water is clear with iron oxidizing bacteria present
Identify specific pollutants if known sediment
6A natural or man made discontinuity in the OHWM does not necessarily sever jurisdiction (e g where the stream temporarily flows underground or where
the OHWM has been removed by development or agricultural practices) Where there is a break in the OHWM that is unrelated to the waterbody s flow
regime (e g flow over a rock outcrop or through a culvert) the agencies will look for indicators of flow above and below the break
'Ibid
(iv) Biological Characteristics Channel supports (check all that apply)
❑ Riparian corridor Characteristics (type average width)
❑ Wetland fringe Characteristics
❑ Habitat for
❑ Federally Listed species Explain findings
❑ Fish/spawn areas Explain fmdmgs
❑ Other environmentally sensitive species Explain fmdmgs
❑ Aquatic /wildlife diversity Explain findings
2 Characteristics of wetlands adjacent to non TNW that flow directly or indirectly into TNW
(j) Physical Characteristics
(a) General Wetland Characteristics
Properties
Wetland size acres
Wetland type Explain Palustrme Forested
Wetland quality Explain
Project wetlands cross or serve as state boundaries Explain
(b) General Flow Relationship with Non TNW
Flow is icck L� t Explain
Surface flow is ick List
Characteristics
Subsurface flow Pack List Explain fmdmgs
❑ Dye (or other) test performed
(c) Wetland Adjacency Determination with Non TNW
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection Explain
❑ Ecological connection Explain
❑ Separated by berm/barrier Explain
(d) Proxunily (Relationship) to TNW
Project wetlands are Pick List river miles from TNW
Project waters Fick�L�st aenal (straight) miles from TNW
Flow is from Pick List.
Estimate approximate location of wetland as within the Pick List floodplain
(u) Chemical Characteristics
Characterize wetland system (e g water color is clear brown oil film on surface water quality general watershed
characteristics etc ) Explain Water is clear Some iron oxidizing bacteria is present Watershed consists of agricultural
land and some forest land
Identify specific pollutants if known
(m) Biological Characteristics Wetland supports (check all that apply)
❑ Riparian buffer Characteristics (type average width) Forested, 50 ft wide
❑ Vegetation type /percent cover Explain
❑ Habitat for
❑ Federally Listed species Explain fmdmgs
❑ Fish/spawn areas Explain fmdmgs
❑ Other environmentally sensitive species Explain findings
❑ Aquatic /wildlife diversity Explain findings
3 Characteristics of all wetlands adjacent to the tributary (if anyl-
All wetland(s) being considered in the cumulative analysis Pick List
Approximately ( ) acres in total are being considered in the cumulative analysis
For each wetland specify the following
Directly abuts9 (Y/N) Sue (in acres) Directly abuts9 (Y/N) Size (in acres)
Summarize overall biological chemical and physical functions being performed These wetland provide habitat for
ampibians as well as providing nutrient and sediment capture services
C SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tnbutary to determine if they significantly affect the chemical physical and biological mtegnty
of a TNW For each of the following situations a significant nexus exists if the tributary in combination with all of its adjacent
wetlands has more than a speculative or insubstantial effect on the chemical physical and /or biological integrity of a TNW
Considerations when evaluating significant nexus include but are not limited to the volume duration and frequency of the flow
of water in the tributary and its proximity to a TNW and the functions performed by the tributary and all its adjacent
wetlands It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e g between a
tnbutary and its adjacent wetland or between a tributary and the TNW) Similarly the fact an adjacent wetland Iles within or
outside of a floodplain is not solely determinative of significant nexus
Draw connections between the features documented and the effects on the TNW as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include 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 reduce the amount of pollutants or flood waters reaching a TNW9
Does the tributary in combination with its adjacent wetlands (if any) provide habitat and lifecycle support functions for fish and
other species such as feeding nesting spawning or rearing young for species that are present in the TNW9
Does the tributary in combination with its adjacent wetlands (if any) have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs9
Does the tributary in combination with its adjacent wetlands (if any) have other relationships to the physical chemical or
biological integrity of the TNW9
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 on the tributary itself then go to Section III D
Significant 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 on the tributary in combination with all of its
adjacent wetlands then go to Section III D
Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW Explain findings of
presence or absence of significant nexus below based on the tributary in combination with all of its adjacent wetlands then go to
Section III D
DETERMINATIONS OF JURISDICTIONAL FINDINGS THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY)
1 TNWs and Adjacent Wetlands Check all that apply and provide size estimates in review area
❑ TNWs linear feet width (ft) Or acres
d Wetlands adjacent to TNWs acres
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
tnbutary is perennial Stream A (Caldwell Station Creek) flows southwest through the center of the project area for
approximately 213 linear feet (Figure 3 attached) Stream A was evaluated to be a Perennial RPW and exhibited strong bed
and bank, strong flow moderate sinuosity substrate consisting of coarse sand, and an average ordinary high water width of 4
feet Biological sampling within Perennial RPW Stream A revealed a weak presence of macroinverhbrates and moderate
presence of algae Perennial RPW Stream A scored 42 out of a possible 100 points on the USACE Stream Quality
Assessment Worksheet and 34 5 out of a possible 63 points on the NCDWQ Stream Classification Form indicating perennial
status (SCP1 attached) Approximately 90 linear feet of Perennial Stream A, underneath the power line easement, is currently
lmed with np rap Photographs A and B (Figure 3 attached) are representative of Perennial RPW Stream A
Tributaries of TNW where tributaries have continuous flow seasonally (e g typically three months each year) are
jurisdictional Data supporting this conclusion is provided at Section III B Provide rationale indicating that tributary flows
seasonally
Provide estimates for jurisdictional waters in the review area (check all that apply)
® Tributary waters 213 linear feet 4 width (ft)
Q Other non wetland waters acres
Identify type(s) of waters
Non RPWss that flow directly or indirectly into TNWs
❑ 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
TNW isjunsdictional Data supporting this conclusion is provided at Section III C
Provide estimates for jurisdictional waters within the review area (check all that apply)
[] Tributary waters linear feet width (ft)
Q Other non wetland waters acres
Identify type(s) of waters
Wetlands directly abutting an RPW that flow directly or indirectly into TNWs
Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands
Q Wetlands directly abutting an RPW where tributaries typically flow year round Provide data and rationale
indicating that tributary is perennial in Section III D 2 above Provide rationale indicating that wetland 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
Provide acreage estimates for jurisdictional wetlands in the review area acres
Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs
® 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, lurisidictional Data supporting this
conclusion is provided at Section III C
Provide acreage estimates for junsdictional wetlands in the review area acres
Wetlands adjacent to non RPWs that flow directly or indirectly into TNWs
�] 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 M C
Provide estimates for junsdictional wetlands in the review area acres
Impoundments of jurisdictional waters 9
As a general rule the impoundment of a junsdictional tributary remains jurisdictional
❑ Demonstrate that impoundment was created from waters of the U S or
❑ Demonstrate that water meets the criteria for one of the categories presented above (1 6) or
❑ Demonstrate that water is isolated with a nexus to commerce (see E below)
ISOLATED [INTERSTATE OR INTRA STATE] WATERS INCLUDING ISOLATED WETLANDS THE USE
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY) io
sSee Footnote # 3
9 To complete the analysis refer to the key in Section III D 6 of the Instructional Guidebook
10 Prior to asserting or declining CWA jurisdiction based solely on this category Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Junsdicuon Following Rapanos
0
❑ 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
❑ which are or could be used for industrial purposes by industries in interstate commerce
❑ Interstate isolated waters Explain
® Other factors Explain
Identify water body and summarize rationale supporting determination
Provide estimates for, jurisdictional waters in the review area (check all that apply)
❑ Tributary waters linear feet width (ft)
Other non wetland waters acres
Identify type(s) of waters
❑ Wetlands acres
F NON JURISDICTIONAL WATERS INCLUDING WETLANDS (CHECK ALL THAT APPLY)
❑ 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 no 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 solely on the
Migratory Bird Rule (MBR)
❑ 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 of jurisdiction is the MBR
factors (i a presence of migratory birds presence of endangered species use of water for irrigated agriculture) using best professional
,judgment (check all that apply)
❑ Non wetland waters (i a rivers streams) linear feet width (ft)
❑ Lakes /ponds acres
C] Other non wetland waters acres List type of 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 finding is required for, jurisdiction (check all that apply)
❑ Non wetland waters (i a rivers streams) linear feet, width (ft)
❑ Lakes/ponds acres
❑ Other non wetland waters acres List type of aquatic resource
❑ Wetlands acres
SECTION IV DATA SOURCES
A SUPPORTING DATA Data reviewed for JD (check all that apply checked items shall be included in case file and, where checked
and requested, appropriately reference sources below)
® Maps plans plots or plat submitted by or on behalf of the applicant/consultant
Data sheets prepared/submitted by or on behalf of the applicant/consultant
❑ Office concurs with data sheets /delineation report
❑ Office does not concur with data sheets /delineation report
❑ Data sheets prepared by the Corps
❑ Corps navigable waters study
❑ U S Geological Survey Hydrologic Atlas
❑ USGS NHD data
❑ USGS 8 and 12 digit HUC maps
® U S Geological Survey map(s) Cite scale & quad name Cornelius 1996 North Carolina Quadrangle
® USDA Natural Resources Conservation Service Soil Survey Citation Mecklenburg County
❑ National wetlands inventory map(s) Cite name
❑ State/Local wetland inventory map(s)
b FEMA/FIRM maps
❑ 100 year Floodplam Elevation is (National Geodectic Vertical Datum of 1929)
Photographs ❑ Aerial (Name & Date)
or ® Other (Name & Date) Site photographs February 2012
Previous determination(s) File no and date of response letter
❑ Applicable /supporting case law
❑ Applicable /supporting scientific literature
❑ Other information (please specify)
B ADDITIONAL CONMENTS TO SUPPORT JD
V
MIX
North Carolina Department of Environment and Natural Resources
Office of Conservation, Planning, and Community Affairs
Beverly Eaves Perdue Linda Pearsall
Governor Director
Febi uary 8 2012
Ms Sarah Singleton
Cat olina Wetland Services
550E Westinghouse Blvd
Charlotte NC 28273
Subject Caldwell Station Ciossmg Cornelius Mecklenburg County
CWS Project No 2011 2791
Dear Ms Singleton
Dee Freeman
Secretary
The Natural Heritage Program has no record of tare species sig- iificant natural communities significant natuial heutage
areas or conservation /managed areas at the project site nor within 0 55 mile of the ptoject aiea However there is an NC
Ecosystem Enhancement Program easement of 20 66 acres located about 0 55 mile downstream (west) on Caldwell
Station Creek This tract lies on the east side of NC 73 There is a chance that construction from the piglect could impact
this easement area with sedimentation Thus it is very important that proper sedimentation contiols are in place during
the consti uction phase of the pi oject
You may wish to check the Natural Heritage Program database websrte at www ncnhp org for a listing of rate plants and
anurials and significant natural communities in the county and cn the quad map Out Program also has a new websrte that
allows users to obtain information on element occurrences and significant natuial heritage aieas within two mites of a
given location <http //nhpweb enr state nc us /public /vntual_woikroom phtml> The user name is "guest and the
password is your email address (see instructions on login screen) You may want to click Help for more mfoimation
Please do not hesitate to contact me at 919 707 8603 if you have questions or need further information
SSincet ely )
Harry E LeGrand Jr Zoologist
Natural Heritage Program
Mailing address 1601 Mall Service Center Raleigh North Carolina 276991601
Location 217 W Jones Street Raleigh NC 27604
Phone 919 707 8600 Webpage www oneNCNaturally org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina III
Adtumllry
Natural Resoures Planning and Conservotion