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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 w FNrT nCT TRFQ ARP'VOT AQ VOTM YTkTTV V XTC1=V T Tc AT nXTrC r° .._ .,�. � �,.,rz ...,. -� £o�- a.. �- _' Q I M i °� r „W'R °" -,- ..-• r �*^ s,:: a� ^a.z °^�.� Ti. 1 �. � I ii.,. 0 sue. � L 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