20210194 Ver 1_FINAL_McCullough_Revised_Delineation-Report_20210420

Mr. Bryan Roden-Reynolds March 16, 2021
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006

SUBJECT: Delineation Report
McCullough Drive Streetscape Improvements (SAW-2016-00053)
Mecklenburg County, North Carolina
STV Project No. 4018354

Dear Mr. Roden-Reynolds:

On behalf of the City of Charlotte, STV Engineers, Inc. (STV) is submitting this delineation report
as supplemental information to the Nationwide Permit 14 application. An Approved Jurisdictional
Determination (AJD) package was issued by the USACE on April 18, 2016. The original project
study area (PSA) encompassed approximately 30 acres, an additional 5 acres have been added
to the PSA since the AJD was issued. The additional areas were surveyed by STV scientists on
September 22, 2017 and March 4, 2021, it was determined that those areas consisted of uplands
only. A request for jurisdictional determination is not being requested at this time, this delineation
report is to provide supplemental information in anticipation of a Nationwide Permit 14.

Enclosed in Attachment A are updated jurisdictional request forms (attached for informational
purposes only). Figures are enclosed in Attachment B. North Carolina Division of Water
Resources (NCDWR) Stream Identification Forms and North Carolina Stream Assessment
Method (NCSAM) Forms are enclosed in Attachment C. Wetland Determination Data Sheets and
a North Carolina Wetland Assessment Method (NCWAM) Form are enclosed in Attachment D.
Representative photographs are enclosed in Attachment E. An agent authorization form is
enclosed in Attachment F. Attachment G contains a Notification of Jurisdictional Determination
which was issued on April 18, 2016 (SAW-2016-00053).

Background
STV Environmental Scientists conducted a field review of the PSA on July 24 and August 13,
2015, September 22, 2017, and March 4, 2021. Prior to the PSA visits, STV reviewed various
resources, including U.S. Geological Survey (USGS) topographic quadrangle maps (Attachment
B – Figure 2), National Wetlands Inventory (NWI) mapping, Google Earth aerial photography, and
the U.S. Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS)
Digital Soil Survey of Mecklenburg County, North Carolina to help identify potential jurisdictional
waters of the U.S.

The PSA is located in the Rocky River (USGS Hydrologic Unit 03040105) drainage basin. The
streams in the PSA generally flow in either a western direction to Doby Creek or an eastern
direction to Toby Creek. Doby Creek and Toby Creek both drain into Mallard Creek. Mallard Creek
drains to the Rocky River which drains into the Yadkin-Pee Dee River.
Delineation Report March 2021
McCullough Drive Streetscape Improvements in Charlotte, NC

2

Findings of Field Review

Jurisdictional waters of the U.S. identified and delineated within the PSA included two streams
(Table 1) and one wetland (Table 2).

Table 1. Jurisdictional Streams
Map ID Classification NCSAM Rating
(USACE)
NCSAM Rating
(NCDWR)
Length (ft.)
Stream A* Intermittent LOW LOW 132
Stream B* Intermittent MEDIUM MEDIUM 166
Total 298
* NCSAM forms included in Attachment C

Table 2. Jurisdictional Wetlands
Map ID NCWAM Classification NCWAM Rating+ Area (ac.) in
Study Area
Wetland A Basin Wetland LOW 0.01
Total 0.01
+ NCWAM forms included in Attachment D

Closing

Please contact the under signed at [phone], [e-mail], or
[e-mail] should you have any questions or concerns regarding this
delineation report. Thank you for your attention to this matter.

Sincerely,

STV Engineers, Inc.

Joshua Kotheimer, P.W.S. Michael A. Iagnocco, P.W.S.
Environmental Science Manager Senior Scientist/Sr. Project Manager

JLK/MAI.bp
Attachment A – Jurisdictional Determination Request Form
Attachment B – Figures
Attachment C – NCDWR Stream Identification Forms and NCSAM Forms
Attachment D – USACE Wetland Determination Data Sheets and NCWAM Form
Attachment E – Representative Photographs
Attachment F – Agent Authorization Form
Attachment G – Notification of Jurisdictional Determination

Ec: Sharon Buchanan – City of Charlotte
Delineation Report March 2021
McCullough Drive Streetscape Improvements in Charlotte, NC

Attachment A

Jurisdictional Determination Request Form
Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM

BACKGROUND INFORMATION

A. REPORT COMPLETION DATE FOR PJD:

B. NAME AND ADDRESS OF PERSON REQUESTING PJD:
Applicant: Consultant:
Sharon Buchanan Michael A. Iagnocco
City of Charlotte STV Engineers, Inc.
600 E Fourth Street 900 West Trade Street, Suite 715
Charlotte, NC 28202 Charlotte, NC 28202
[phone] [phone]
[e-mail] [e-mail]

C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
Asheville & Charlotte Regulatory Field Offices
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Phone: [phone]
Fax Number: [phone]

D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
The City of Charlotte Office of Engineering and Property Management proposes to make street
improvements to the existing McCullough Drive from NC 24 (W.T. Harris Blvd.) to the east of US
29 (N Tryon Road) and the stand alone portion of East McCullough Drive, a distance of
approximately 1.0 mile in Mecklenburg County
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: North Carolina County/parish/borough: Mecklenburg City: Charlotte
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.302465 Long.: -80.756823
Universal Transverse Mercator:
17S 735360.76m E, 3760303.12m N
Name of nearest waterbody: Doby Creek

E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
☐ Office (Desk) Determination. Date:
☐ Field Determination. Date(s):

TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH “MAY BE” SUBJECT TO
REGULATORY JURISDICTION.

Site Number

Latitude

Longitude
Estimated amount of
aquatic resource in
review area (acreage
and linear feet, if
applicaple)
Type of aquatic
resource (i.e.,
wetland vs.
non-wetland
waters)
Geographic authority to
which the aquatic
resource “may be”
subject (i.e., Section 404
or Section 10/404)
Stream A 35.302316 -80.757054 132 lf Non-wetland
waters
Section 404
Stream B 35.300517 -80.749903 166 lf Non-wetland
waters
Section 404
Wetland A 35.299900 -80.750868 0.01 ac Wetland Section 404

1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring “pre-construction
notification” (PCN), or requests verification for a non-reporting NWP or other general permit,
and the permit applicant has not requested an AJD for the activity, the permit applicant is
hereby made aware that: (1) the permit applicant has elected to seek a permit authorization
based on a PJD, which does not make an official determination of jurisdictional aquatic
resources; (2) the applicant has the option to request an AJD before accepting the terms
and conditions of the permit authorization, and that basing a permit authorization on an AJD
could possibly result in less compensatory mitigation being required or different special
conditions; (3) the applicant has the right to request an individual permit rather than
accepting the terms and conditions of the NWP or other general permit authorization; (4) the
applicant can accept a permit authorization and thereby agree to comply with all the terms
and conditions of that permit, including whatever mitigation requirements the Corps has
determined to be necessary; (5) undertaking any activity in reliance upon the subject permit
authorization without requesting an AJD constitutes the applicant’s acceptance of the use of
the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or
undertaking any activity in reliance on any form of Corps permit authorization based on a
PJD constitutes agreement that all aquatic resources in the review area affected in any way
by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction
in any administrative or judicial compliance or enforcement action, or in any administrative
appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or
a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered
individual permit (and all terms and conditions contained therein), or individual permit denial
can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative
appeal, it becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official
delineation of jurisdictional aquatic resources in the review area, the Corps will provide an
AJD to accomplish that result, as soon as is practicable. This PJD finds that there “may be”
waters of the U.S. and/or that there “may be” navigable waters of the U.S. on the subject
review area, and identifies all aquatic features in the review area that could be affected by
the proposed activity, based on the following information:

Waters_Name State Cowardin_Code HGM_Code Meas_Type Amount Units Waters_Type NWPR_Determine_Code Latitude Longitude Local_Waterway
Stream A NORTH CAROLINA R4 Linear 132 FOOT A2TRIBINT 35.30231600 -80.75705400
Stream B NORTH CAROLINA R4 Linear 166 FOOT A2TRIBINT 35.30051700 -80.74990300
Wetland A NORTH CAROLINA PFO Area 0.01 ACRE A4WETNATSEP 35.29990000 -80.75086800
Delineation Report March 2021
McCullough Drive Streetscape Improvements in Charlotte, NC

Attachment B

Figures

FIGURE 1
JL KTPO
MAI
Client:
Proje ct:
Title:
STV Engineers, Inc. Project No.
Approv e d By:
Drawn By:Chec ked By:
Date:3/16/2021
Ref. USGS 7.5 Minute TopographyQuadrangle Map [Derita, NC (1993);Har risburg, NC (1993)]
§¨¦85
Derita Quad
Harrisburg QuadDerita QuadHarrisburg Quad^_
NC 24 (W.T. Harris Boulevard)U.S. 29 (Tryon St.)University Executive Park DriveLegend ²
0 500 1,000250Feet
Original Project Study Area (~ 30 acres)
Addit ional Project Study Area (~ 5 acres)IKEA BoulevardEast McCullough DriveEastMcC
ull
oughDriveTOPOGRAPHIC
MAP
4018354
McCullough DriveStreetscape Improvements
Mecklenburg County, NC
FIGURE 3
JL KTPO
MAI
Client:
Proje ct:
Title:
STV Engineers, Inc. Project No.
Approv e d By:
Drawn By:Checked By:
Date:2/17/2021
Sources: NC OneMap, NC Center for Ge ographic I nformation and Analysis , NC 911 Board; NRCS Soil Series DataMecklenburg County, NC (2014)
W k D
C e B2
W k B E n B E n D
W k B
E n B
M O
U r
E n B
E n D
W k E
U r
M OEnB
E n B
C e D2
M e B
W k B
E n B
W k B
W k B
W k D
W
W k D
C e D2
WWkD
E n D
C e D2
E n B
P a E
E n D E n D
C e B2
W k EWkECeB2
Doby Creek§¨¦85 Derita QuadHarrisburg Quad^_
NC 24 (W.T. Harris Boulevard)U.S. 29 (Tryon St.)University Executive Park DriveLegend ²
0 500 1,000250Feet
Original Project Study Area (~ 30 acres)
Addit ional Project Study Area (~ 5 acres)IKEA BoulevardEast McCullough DriveEastMcC
ull
oughDriveNRCS SOIL SERIES
MAP
4018354
McCullough DriveStreetscape Improvements
Mecklenburg County, NC
Ce cil sandy clay loam, 2 to 8 percent slopes, moderately erodedCeB2
Ce cil sandy clay loam, 8 to 15 percent slopes, moderately erodedCeD2Enon sandy loam, 2 to 8 percent slopesEnB
Mapped Soil Uni ts Within the PSA
Enon sandy loam, 8 to 15 percent slopesEnD
Wilk es loa m, 4 to 8 percent slopesWkBWilkes loa m, 8 to 15 percent slopesWkD
Wilk es loa m, 1 5 to 2 5 percent slopesWkEUrban landUr
Nonhydric (0%)
Predo min antly nonhydric (1 to 32%)
Pa rtially hydric (33 to 65%)
Predo min antly hydric (66 to 99%)
Hy dric (100%)
Not rated o r not available
Mecklenburg County, NC
FIGURE 3
JLKTPO
MAI
Client:
Proje ct:
Title:
STV Eng in eer s, Inc . Project No.
Appro ve d By:
Drawn By:Chec ked By:
Date:4/16/2021
Notes:1. Potential jurisdictional waters of theU.S. were d elin eated by STV duringfield reviews con ducted on July 24 and Augu st 31, 2015 . Jurisdictional boun darie s h ave bee n marked in the field with pink wetland boundary tapeand mapp ed using a Trimble GeoXHhand-he ld GPS u nit capable of subfoo t accuracy. This map is inten ded for p la nning purposes only.
2. Ju risd ictiona l waters of the U.S.boun darie s we re ve rified by the U.S. Army Corps o f Engineers on Ap ril 18, 201 6.
Source s: NCO n e Map M ecklenburg County Aerial Imagery (2019)
McCullough DriveStreetscape
Mecklenburg County, NCMcCullough DriveNC 24 (W.T. Harris Boulevard)
C
ollins-Aik
m
an D
rive
U.S. 29 (Tryon St.)University Executive Park DriveIKEA Boulevard§¨¦85
sRPW Stream B (~ 166 lf)
Wetland A (~ 0.01 acres)
sRPW Stream A (~ 132 lf)U.S. 29 (Tryon St.)Inset 1
Ins et 2
1
23
4
Dat a Point 1
Dat a Point 2
EastMcCullo
ughDriveFlow
F lo w
Fl
ow4018354
APPROXIMATEWATERS OF THE U.S.AND WETLANDSBOUNDARY MAP
Legend ²
0 500 1,000250Feet
Jurisdictional W etland
Wetland Data Point
Photograph Location
Added Study Area (~ 5 acres)
Jurisdictional Stream
Original Study Area (~ 30 acres)
Delineation Report March 2021
McCullough Drive Streetscape Improvements in Charlotte, NC

Attachment C

NCDWR Stream Identification Forms and NCSAM Forms
NC SAM FIELD ASSESSMENT RESULTS
Accompanies User Manual Version 2.1
USACE AID #: NCDWR #:
INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5 -minute topographic quadrangle,
and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same prope rty, identify and
number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions
and explanations of requested information. Record in the “Notes/Sketch” section if supplementary measurements were performed. See the
NC SAM User Manual for examples of additional measurements that may be relevant.
NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area).
PROJECT/SITE INFORMATION:
1. Project name (if any): McCullough Drive Streetscape 2. Date of evaluation: 03/04/2021
3. Applicant/owner name: City of Charlotte 4. Assessor name/organization:
Josh Kotheimer, STV Engineers
Inc.
5. County: Mecklenburg 6. Nearest named water body
on USGS 7.5-minute quad: Doby Creek 7. River basin: Yadkin-PeeDee
8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.302311, -80.757446
STREAM INFORMATION: (depth and width can be approximations)
9. Site number (show on attached map): Stream A 10. Length of assessment reach evaluated (feet): 132
11. Channel depth from bed (in riffle, if present) to top of bank (feet): 1 Unable to assess channel depth.
12. Channel width at top of bank (feet): 3 13. Is assessment reach a swamp steam? Yes No
14. Feature type: Perennial flow Intermittent flow Tidal Marsh Stream
STREAM CATEGORY INFORMATION:
15. NC SAM Zone: Mountains (M) Piedmont (P) Inner Coastal Plain (I) Outer Coastal Plain (O)
16. Estimated geomorphic
19 valley shape (skip for
Tidal Marsh Stream):
A B
(more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope)
17. Watershed size: (skip Size 1 (< 0.1 mi2) Size 2 (0.1 to < 0.5 mi2) Size 3 (0.5 to < 5 mi2) Size 4 (≥ 5 mi2)
for Tidal Marsh Stream)
ADDITIONAL INFORMATION:
18. Were regulatory considerations evaluated? Yes No If Yes, check all that apply to the assessment area.
Section 10 water Classified Trout Waters Water Supply Watershed (I II III IV V)
Essential Fish Habitat Primary Nursery Area High Quality Waters/Outstanding Resource Waters
Publicly owned property NCDWR Riparian buffer rule in effect Nutrient Sensitive Waters
Anadromous fish 303(d) List CAMA Area of Environmental Concern (AEC)
Documented presence of a federal and/or state listed protected species within the assessment area.
List species:
Designated Critical Habitat (list species)
19. Are additional stream information/supplementary measurements included in “Notes/Sketch” section or attached? Yes No

1. Channel Water – assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams)
A Water throughout assessment reach.
B No flow, water in pools only.
C No water in assessment reach.
2. Evidence of Flow Restriction – assessment reach metric
A At least 10% of assessment reach in-stream habitat or riffle-pool sequence is severely affected by a flow restriction or fill to the
point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within
the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates , debris jams,
beaver dams).
B Not A
3. Feature Pattern – assessment reach metric
A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert).
B Not A
4. Feature Longitudinal Profile – assessment reach metric
A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over
widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these
disturbances).
B Not A
5. Signs of Active Instability – assessment reach metric
Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include
active bank failure, active channel down-cutting (head-cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap).
A < 10% of channel unstable
B 10 to 25% of channel unstable
C > 25% of channel unstable

6. Streamside Area Interaction – streamside area metric
Consider for the Left Bank (LB) and the Right Bank (RB).
LB RB
A A Little or no evidence of conditions that adversely affect reference interaction
B B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect
reference interaction (examples: limited streamside area access , disruption of flood flows through streamside area , leaky
or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching])
C C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access
[examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption
of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive
mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an
interstream divide
7. Water Quality Stressors – assessment reach/intertidal zone metric
Check all that apply.
A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam)
B Excessive sedimentation (burying of stream features or intertidal zone)
C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem
D Odor (not including natural sulfide odors)
E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in “Notes/Sketch”
section.
F Livestock with access to stream or intertidal zone
G Excessive algae in stream or intertidal zone
H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc)
I Other: (explain in “Notes/Sketch” section)
J Little to no stressors
8. Recent Weather – watershed metric (skip for Tidal Marsh Streams)
For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought.
A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours
B Drought conditions and rainfall exceeding 1 inch within the last 48 hours
C No drought conditions
9. Large or Dangerous Stream – assessment reach metric
Yes No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition).
10. Natural In-stream Habitat Types – assessment reach metric
10a. Yes No Degraded in-stream habitat over majority of the assessment reach (examples of stressors include excessive
sedimentation, mining, excavation, in-stream hardening [for example, rip-rap], recent dredging, and snagging)
(evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12)
10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams)
A Multiple aquatic macrophytes and aquatic mosses
(include liverworts, lichens, and algal mats)
B Multiple sticks and/or leaf packs and/or emergent
vegetation
C Multiple snags and logs (including lap trees)
D 5% undercut banks and/or root mats and/or roots
in banks extend to the normal wetted perimeter
E Little or no habitat
F 5% oysters or other natural hard bottoms
G Submerged aquatic vegetation
H Low-tide refugia (pools)
I Sand bottom
J 5% vertical bank along the marsh
K Little or no habitat

*********************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS****************************
11. Bedform and Substrate – assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)
11a. Yes No Is assessment reach in a natural sand-bed stream? (skip for Coastal Plain streams)
11b. Bedform evaluated. Check the appropriate box(es).
A Riffle-run section (evaluate 11c)
B Pool-glide section (evaluate 11d)
C Natural bedform absent (skip to Metric 12, Aquatic Life)
11c. In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach – whether or not submerged. Check
at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare
(R) = present but < 10%, Common (C) = > 10-40%, Abundant (A) = > 40-70%, Predominant (P) = > 70%. Cumulative percentages
should not exceed 100% for each assessment reach.
NP R C A P
Bedrock/saprolite
Boulder (256 – 4096 mm)
Cobble (64 – 256 mm)
Gravel (2 – 64 mm)
Sand (.062 – 2 mm)
Silt/clay (< 0.062 mm)
Detritus
Artificial (rip-rap, concrete, etc.)
11d. Yes No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)
Check for Tidal Marsh Streams Only
12. Aquatic Life – assessment reach metric (skip for Tidal Marsh Streams)
12a. Yes No Was an in-stream aquatic life assessment performed as described in the User Manual?
If No, select one of the following reasons and skip to Metric 13. No Water Other:
12b. Yes No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that
apply. If No, skip to Metric 13.
1 >1 Numbers over columns refer to “individuals” for Size 1 and 2 streams and “taxa” for Size 3 and 4 streams.
Adult frogs
Aquatic reptiles
Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats)
Beetles
Caddisfly larvae (T)
Asian clam (Corbicula)
Crustacean (isopod/amphipod/crayfish/shrimp)
Damselfly and dragonfly larvae
Dipterans
Mayfly larvae (E)
Megaloptera (alderfly, fishfly, dobsonfly larvae)
Midges/mosquito larvae
Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea)
Mussels/Clams (not Corbicula)
Other fish
Salamanders/tadpoles
Snails
Stonefly larvae (P)
Tipulid larvae
Worms/leeches
13. Streamside Area Ground Surface Condition – streamside area metric (skip for Tidal Marsh Streams and B valley types)
Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff.
LB RB
A A Little or no alteration to water storage capacity over a majority of the streamside area
B B Moderate alteration to water storage capacity over a majority of the streamside area
C C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction,
livestock disturbance, buildings, man-made levees, drainage pipes)
14. Streamside Area Water Storage – streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types)
Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area.
LB RB
A A Majority of streamside area with depressions able to pond water ≥ 6 inches deep
B B Majority of streamside area with depressions able to pond water 3 to 6 inches deep
C C Majority of streamside area with depressions able to pond water < 3 inches deep
15. Wetland Presence – streamside area metric (skip for Tidal Marsh Streams)
Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal
wetted perimeter of assessment reach.
LB RB
Y Y Are wetlands present in the streamside area?
N N
16. Baseflow Contributors – assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams)
Check all contributors within the assessment reach or within view of and draining to the assessment reach.
A Streams and/or springs (jurisdictional discharges)
B Ponds (include wet detention basins; do not include sediment basins or dry detention basins)
C Obstruction passing flow during low-flow periods within the assessment area (beaver dam, leaky dam, bottom -release dam, weir)
D Evidence of bank seepage or sweating (iron in water indicates seepage)
E Stream bed or bank soil reduced (dig through deposited sediment if present)
F None of the above
17. Baseflow Detractors – assessment area metric (skip for Tidal Marsh Streams)
Check all that apply.
A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation)
B Obstruction not passing flow during low-flow periods affecting the assessment reach (ex: watertight dam, sediment deposit)
C Urban stream (≥ 24% impervious surface for watershed)
D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach
E Assessment reach relocated to valley edge
F None of the above
18. Shading – assessment reach metric (skip for Tidal Marsh Streams)
Consider aspect. Consider “leaf-on” condition.
A Stream shading is appropriate for stream category (may include gaps associated with natural processes)
B Degraded (example: scattered trees)
C Stream shading is gone or largely absent
19. Buffer Width – streamside area metric (skip for Tidal Marsh Streams)
Consider “vegetated buffer” and “wooded buffer” separately for left bank (LB) and right bank (RB) starting at the top of bank out
to the first break.
Vegetated Wooded
LB RB LB RB
A A A A ≥ 100 feet wide or extends to the edge of the watershed
B B B B From 50 to < 100 feet wide
C C C C From 30 to < 50 feet wide
D D D D From 10 to < 30 feet wide
E E E E < 10 feet wide or no trees
20. Buffer Structure – streamside area metric (skip for Tidal Marsh Streams)
Consider for left bank (LB) and right bank (RB) for Metric 19 (“Vegetated” Buffer Width).
LB RB
A A Mature forest
B B Non-mature woody vegetation or modified vegetation structure
C C Herbaceous vegetation with or without a strip of trees < 10 feet wide
D D Maintained shrubs
E E Little or no vegetation
21. Buffer Stressors – streamside area metric (skip for Tidal Marsh Streams)
Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is
within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet).
If none of the following stressors occurs on either bank, check here and skip to Metric 22:
Abuts < 30 feet 30-50 feet
LB RB LB RB LB RB
A A A A A A Row crops
B B B B B B Maintained turf
C C C C C C Pasture (no livestock)/commercial horticulture
D D D D D D Pasture (active livestock use)
22. Stem Density – streamside area metric (skip for Tidal Marsh Streams)
Consider for left bank (LB) and right bank (RB) for Metric 19 (“Wooded” Buffer Width).
LB RB
A A Medium to high stem density
B B Low stem density
C C No wooded riparian buffer or predominantly herbaceous species or bare ground
23. Continuity of Vegetated Buffer – streamside area metric (skip for Tidal Marsh Streams)
Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide.
LB RB
A A The total length of buffer breaks is < 25 percent.
B B The total length of buffer breaks is between 25 and 50 percent.
C C The total length of buffer breaks is > 50 percent.
24. Vegetative Composition – streamside area metric (skip for Tidal Marsh Streams)
Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contribute s to
assessment reach habitat.
LB RB
A A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species,
with non-native invasive species absent or sparse.
B B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native
species. This may include communities of weedy native species that develop after clear -cutting or clearing or
communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or
communities missing understory but retaining canopy trees.
C C Vegetation is severely disturbed in terms of species diversity or proport ions. Mature canopy is absent or communities
with non-native invasive species dominant over a large portion of expected strata or communities composed of planted
stands of non-characteristic species or communities inappropriately composed of a single spec ies or no vegetation.
25. Conductivity – assessment reach metric (skip for all Coastal Plain streams)
25a. Yes No Was conductivity measurement recorded?
If No, select one of the following reasons. No Water Other:
25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter).
A < 46 B 46 to < 67 C 67 to < 79 D 79 to < 230 E ≥ 230

Notes/Sketch:

Draft NC SAM Stream Rating Sheet
Accompanies User Manual Version 2.1

Stream Site Name McCullough Drive
Streetscape Date of Assessment 03/04/2021
Stream Category Pa1 Assessor Name/Organization Josh Kotheimer, STV
Engineers Inc.

Notes of Field Assessment Form (Y/N) NO
Presence of regulatory considerations (Y/N) NO
Additional stream information/supplementary measurements included (Y/N) NO
NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Intermittent

Function Class Rating Summary
USACE/
All Streams
NCDWR
Intermittent
(1) Hydrology LOW LOW
(2) Baseflow MEDIUM MEDIUM
(2) Flood Flow LOW LOW
(3) Streamside Area Attenuation MEDIUM MEDIUM
(4) Floodplain Access HIGH HIGH
(4) Wooded Riparian Buffer LOW LOW
(4) Microtopography MEDIUM MEDIUM
(3) Stream Stability LOW LOW
(4) Channel Stability MEDIUM MEDIUM
(4) Sediment Transport LOW LOW
(4) Stream Geomorphology LOW LOW
(2) Stream/Intertidal Zone Interaction NA NA
(2) Longitudinal Tidal Flow NA NA
(2) Tidal Marsh Stream Stability NA NA
(3) Tidal Marsh Channel Stability NA NA
(3) Tidal Marsh Stream Geomorphology NA NA
(1) Water Quality LOW LOW
(2) Baseflow MEDIUM MEDIUM
(2) Streamside Area Vegetation LOW LOW
(3) Upland Pollutant Filtration LOW LOW
(3) Thermoregulation MEDIUM MEDIUM
(2) Indicators of Stressors NO NO
(2) Aquatic Life Tolerance LOW NA
(2) Intertidal Zone Filtration NA NA
(1) Habitat LOW MEDIUM
(2) In-stream Habitat LOW MEDIUM
(3) Baseflow MEDIUM MEDIUM
(3) Substrate LOW LOW
(3) Stream Stability MEDIUM MEDIUM
(3) In-stream Habitat LOW HIGH
(2) Stream-side Habitat MEDIUM MEDIUM
(3) Stream-side Habitat MEDIUM MEDIUM
(3) Thermoregulation MEDIUM MEDIUM
(2) Tidal Marsh In-stream Habitat NA NA
(3) Flow Restriction NA NA
(3) Tidal Marsh Stream Stability NA NA
(4) Tidal Marsh Channel Stability NA NA
(4) Tidal Marsh Stream Geomorphology NA NA
(3) Tidal Marsh In-stream Habitat NA NA
(2) Intertidal Zone NA NA
Overall LOW LOW

NC SAM FIELD ASSESSMENT RESULTS
Accompanies User Manual Version 2.1
USACE AID #: NCDWR #:
INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5 -minute topographic quadrangle,
and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same prope rty, identify and
number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions
and explanations of requested information. Record in the “Notes/Sketch” section if supplementary measurements were performed. See the
NC SAM User Manual for examples of additional measurements that may be relevant.
NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area).
PROJECT/SITE INFORMATION:
1. Project name (if any): McCullough Drive Streetscape 2. Date of evaluation: 03/04/2021
3. Applicant/owner name: City of Charlotte 4. Assessor name/organization:
Josh Kotheimer, STV Engineers
Inc.
5. County: Mecklenburg 6. Nearest named water body
on USGS 7.5-minute quad: Doby Creek 7. River basin: Yadkin-PeeDee
8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.300468, -80.749806
STREAM INFORMATION: (depth and width can be approximations)
9. Site number (show on attached map): Stream B 10. Length of assessment reach evaluated (feet): 166
11. Channel depth from bed (in riffle, if present) to top of bank (feet): 3 Unable to assess channel depth.
12. Channel width at top of bank (feet): 4 13. Is assessment reach a swamp steam? Yes No
14. Feature type: Perennial flow Intermittent flow Tidal Marsh Stream
STREAM CATEGORY INFORMATION:
15. NC SAM Zone: Mountains (M) Piedmont (P) Inner Coastal Plain (I) Outer Coastal Plain (O)
16. Estimated geomorphic
19 valley shape (skip for
Tidal Marsh Stream):
A B
(more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope)
17. Watershed size: (skip Size 1 (< 0.1 mi2) Size 2 (0.1 to < 0.5 mi2) Size 3 (0.5 to < 5 mi2) Size 4 (≥ 5 mi2)
for Tidal Marsh Stream)
ADDITIONAL INFORMATION:
18. Were regulatory considerations evaluated? Yes No If Yes, check all that apply to the assessment area.
Section 10 water Classified Trout Waters Water Supply Watershed (I II III IV V)
Essential Fish Habitat Primary Nursery Area High Quality Waters/Outstanding Resource Waters
Publicly owned property NCDWR Riparian buffer rule in effect Nutrient Sensitive Waters
Anadromous fish 303(d) List CAMA Area of Environmental Concern (AEC)
Documented presence of a federal and/or state listed protected species within the assessment area.
List species:
Designated Critical Habitat (list species)
19. Are additional stream information/supplementary measurements included in “Notes/Sketch” section or attached? Yes No

1. Channel Water – assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams)
A Water throughout assessment reach.
B No flow, water in pools only.
C No water in assessment reach.
2. Evidence of Flow Restriction – assessment reach metric
A At least 10% of assessment reach in-stream habitat or riffle-pool sequence is severely affected by a flow restriction or fill to the
point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within
the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates , debris jams,
beaver dams).
B Not A
3. Feature Pattern – assessment reach metric
A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert).
B Not A
4. Feature Longitudinal Profile – assessment reach metric
A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over
widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these
disturbances).
B Not A
5. Signs of Active Instability – assessment reach metric
Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include
active bank failure, active channel down-cutting (head-cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap).
A < 10% of channel unstable
B 10 to 25% of channel unstable
C > 25% of channel unstable

6. Streamside Area Interaction – streamside area metric
Consider for the Left Bank (LB) and the Right Bank (RB).
LB RB
A A Little or no evidence of conditions that adversely affect reference interaction
B B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect
reference interaction (examples: limited streamside area access , disruption of flood flows through streamside area , leaky
or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching])
C C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access
[examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption
of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive
mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an
interstream divide
7. Water Quality Stressors – assessment reach/intertidal zone metric
Check all that apply.
A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam)
B Excessive sedimentation (burying of stream features or intertidal zone)
C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem
D Odor (not including natural sulfide odors)
E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in “Notes/Sketch”
section.
F Livestock with access to stream or intertidal zone
G Excessive algae in stream or intertidal zone
H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc)
I Other: (explain in “Notes/Sketch” section)
J Little to no stressors
8. Recent Weather – watershed metric (skip for Tidal Marsh Streams)
For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought.
A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours
B Drought conditions and rainfall exceeding 1 inch within the last 48 hours
C No drought conditions
9. Large or Dangerous Stream – assessment reach metric
Yes No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition).
10. Natural In-stream Habitat Types – assessment reach metric
10a. Yes No Degraded in-stream habitat over majority of the assessment reach (examples of stressors include excessive
sedimentation, mining, excavation, in-stream hardening [for example, rip-rap], recent dredging, and snagging)
(evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12)
10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams)
A Multiple aquatic macrophytes and aquatic mosses
(include liverworts, lichens, and algal mats)
B Multiple sticks and/or leaf packs and/or emergent
vegetation
C Multiple snags and logs (including lap trees)
D 5% undercut banks and/or root mats and/or roots
in banks extend to the normal wetted perimeter
E Little or no habitat
F 5% oysters or other natural hard bottoms
G Submerged aquatic vegetation
H Low-tide refugia (pools)
I Sand bottom
J 5% vertical bank along the marsh
K Little or no habitat

*********************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS****************************
11. Bedform and Substrate – assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)
11a. Yes No Is assessment reach in a natural sand-bed stream? (skip for Coastal Plain streams)
11b. Bedform evaluated. Check the appropriate box(es).
A Riffle-run section (evaluate 11c)
B Pool-glide section (evaluate 11d)
C Natural bedform absent (skip to Metric 12, Aquatic Life)
11c. In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach – whether or not submerged. Check
at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare
(R) = present but < 10%, Common (C) = > 10-40%, Abundant (A) = > 40-70%, Predominant (P) = > 70%. Cumulative percentages
should not exceed 100% for each assessment reach.
NP R C A P
Bedrock/saprolite
Boulder (256 – 4096 mm)
Cobble (64 – 256 mm)
Gravel (2 – 64 mm)
Sand (.062 – 2 mm)
Silt/clay (< 0.062 mm)
Detritus
Artificial (rip-rap, concrete, etc.)
11d. Yes No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)
Check for Tidal Marsh Streams Only
12. Aquatic Life – assessment reach metric (skip for Tidal Marsh Streams)
12a. Yes No Was an in-stream aquatic life assessment performed as described in the User Manual?
If No, select one of the following reasons and skip to Metric 13. No Water Other:
12b. Yes No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that
apply. If No, skip to Metric 13.
1 >1 Numbers over columns refer to “individuals” for Size 1 and 2 streams and “taxa” for Size 3 and 4 streams.
Adult frogs
Aquatic reptiles
Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats)
Beetles
Caddisfly larvae (T)
Asian clam (Corbicula)
Crustacean (isopod/amphipod/crayfish/shrimp)
Damselfly and dragonfly larvae
Dipterans
Mayfly larvae (E)
Megaloptera (alderfly, fishfly, dobsonfly larvae)
Midges/mosquito larvae
Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea)
Mussels/Clams (not Corbicula)
Other fish
Salamanders/tadpoles
Snails
Stonefly larvae (P)
Tipulid larvae
Worms/leeches
13. Streamside Area Ground Surface Condition – streamside area metric (skip for Tidal Marsh Streams and B valley types)
Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff.
LB RB
A A Little or no alteration to water storage capacity over a majority of the streamside area
B B Moderate alteration to water storage capacity over a majority of the streamside area
C C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction,
livestock disturbance, buildings, man-made levees, drainage pipes)
14. Streamside Area Water Storage – streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types)
Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area.
LB RB
A A Majority of streamside area with depressions able to pond water ≥ 6 inches deep
B B Majority of streamside area with depressions able to pond water 3 to 6 inches deep
C C Majority of streamside area with depressions able to pond water < 3 inches deep
15. Wetland Presence – streamside area metric (skip for Tidal Marsh Streams)
Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal
wetted perimeter of assessment reach.
LB RB
Y Y Are wetlands present in the streamside area?
N N
16. Baseflow Contributors – assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams)
Check all contributors within the assessment reach or within view of and draining to the assessment reach.
A Streams and/or springs (jurisdictional discharges)
B Ponds (include wet detention basins; do not include sediment basins or dry detention basins)
C Obstruction passing flow during low-flow periods within the assessment area (beaver dam, leaky dam, bottom -release dam, weir)
D Evidence of bank seepage or sweating (iron in water indicates seepage)
E Stream bed or bank soil reduced (dig through deposited sediment if present)
F None of the above
17. Baseflow Detractors – assessment area metric (skip for Tidal Marsh Streams)
Check all that apply.
A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation)
B Obstruction not passing flow during low-flow periods affecting the assessment reach (ex: watertight dam, sediment deposit)
C Urban stream (≥ 24% impervious surface for watershed)
D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach
E Assessment reach relocated to valley edge
F None of the above
18. Shading – assessment reach metric (skip for Tidal Marsh Streams)
Consider aspect. Consider “leaf-on” condition.
A Stream shading is appropriate for stream category (may include gaps associated with natural processes)
B Degraded (example: scattered trees)
C Stream shading is gone or largely absent
19. Buffer Width – streamside area metric (skip for Tidal Marsh Streams)
Consider “vegetated buffer” and “wooded buffer” separately for left bank (LB) and right bank (RB) starting at the top of bank out
to the first break.
Vegetated Wooded
LB RB LB RB
A A A A ≥ 100 feet wide or extends to the edge of the watershed
B B B B From 50 to < 100 feet wide
C C C C From 30 to < 50 feet wide
D D D D From 10 to < 30 feet wide
E E E E < 10 feet wide or no trees
20. Buffer Structure – streamside area metric (skip for Tidal Marsh Streams)
Consider for left bank (LB) and right bank (RB) for Metric 19 (“Vegetated” Buffer Width).
LB RB
A A Mature forest
B B Non-mature woody vegetation or modified vegetation structure
C C Herbaceous vegetation with or without a strip of trees < 10 feet wide
D D Maintained shrubs
E E Little or no vegetation
21. Buffer Stressors – streamside area metric (skip for Tidal Marsh Streams)
Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is
within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet).
If none of the following stressors occurs on either bank, check here and skip to Metric 22:
Abuts < 30 feet 30-50 feet
LB RB LB RB LB RB
A A A A A A Row crops
B B B B B B Maintained turf
C C C C C C Pasture (no livestock)/commercial horticulture
D D D D D D Pasture (active livestock use)
22. Stem Density – streamside area metric (skip for Tidal Marsh Streams)
Consider for left bank (LB) and right bank (RB) for Metric 19 (“Wooded” Buffer Width).
LB RB
A A Medium to high stem density
B B Low stem density
C C No wooded riparian buffer or predominantly herbaceous species or bare ground
23. Continuity of Vegetated Buffer – streamside area metric (skip for Tidal Marsh Streams)
Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide.
LB RB
A A The total length of buffer breaks is < 25 percent.
B B The total length of buffer breaks is between 25 and 50 percent.
C C The total length of buffer breaks is > 50 percent.
24. Vegetative Composition – streamside area metric (skip for Tidal Marsh Streams)
Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contribute s to
assessment reach habitat.
LB RB
A A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species,
with non-native invasive species absent or sparse.
B B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native
species. This may include communities of weedy native species that develop after clear -cutting or clearing or
communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or
communities missing understory but retaining canopy trees.
C C Vegetation is severely disturbed in terms of species diversity or proport ions. Mature canopy is absent or communities
with non-native invasive species dominant over a large portion of expected strata or communities composed of planted
stands of non-characteristic species or communities inappropriately composed of a single spec ies or no vegetation.
25. Conductivity – assessment reach metric (skip for all Coastal Plain streams)
25a. Yes No Was conductivity measurement recorded?
If No, select one of the following reasons. No Water Other:
25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter).
A < 46 B 46 to < 67 C 67 to < 79 D 79 to < 230 E ≥ 230

Notes/Sketch:

Draft NC SAM Stream Rating Sheet
Accompanies User Manual Version 2.1

Stream Site Name McCullough Drive
Streetscape Date of Assessment 03/04/2021
Stream Category Pb1 Assessor Name/Organization Josh Kotheimer, STV
Engineers Inc.

Notes of Field Assessment Form (Y/N) NO
Presence of regulatory considerations (Y/N) NO
Additional stream information/supplementary measurements included (Y/N) NO
NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Intermittent

Function Class Rating Summary
USACE/
All Streams
NCDWR
Intermittent
(1) Hydrology MEDIUM MEDIUM
(2) Baseflow MEDIUM MEDIUM
(2) Flood Flow MEDIUM MEDIUM
(3) Streamside Area Attenuation MEDIUM MEDIUM
(4) Floodplain Access MEDIUM MEDIUM
(4) Wooded Riparian Buffer HIGH HIGH
(4) Microtopography NA NA
(3) Stream Stability MEDIUM MEDIUM
(4) Channel Stability MEDIUM MEDIUM
(4) Sediment Transport MEDIUM MEDIUM
(4) Stream Geomorphology MEDIUM MEDIUM
(2) Stream/Intertidal Zone Interaction NA NA
(2) Longitudinal Tidal Flow NA NA
(2) Tidal Marsh Stream Stability NA NA
(3) Tidal Marsh Channel Stability NA NA
(3) Tidal Marsh Stream Geomorphology NA NA
(1) Water Quality MEDIUM MEDIUM
(2) Baseflow MEDIUM MEDIUM
(2) Streamside Area Vegetation HIGH HIGH
(3) Upland Pollutant Filtration HIGH HIGH
(3) Thermoregulation HIGH HIGH
(2) Indicators of Stressors NO NO
(2) Aquatic Life Tolerance LOW NA
(2) Intertidal Zone Filtration NA NA
(1) Habitat HIGH HIGH
(2) In-stream Habitat MEDIUM HIGH
(3) Baseflow MEDIUM MEDIUM
(3) Substrate MEDIUM MEDIUM
(3) Stream Stability MEDIUM MEDIUM
(3) In-stream Habitat MEDIUM HIGH
(2) Stream-side Habitat HIGH HIGH
(3) Stream-side Habitat HIGH HIGH
(3) Thermoregulation HIGH HIGH
(2) Tidal Marsh In-stream Habitat NA NA
(3) Flow Restriction NA NA
(3) Tidal Marsh Stream Stability NA NA
(4) Tidal Marsh Channel Stability NA NA
(4) Tidal Marsh Stream Geomorphology NA NA
(3) Tidal Marsh In-stream Habitat NA NA
(2) Intertidal Zone NA NA
Overall MEDIUM MEDIUM

Delineation Report March 2021
McCullough Drive Streetscape Improvements in Charlotte, NC

Attachment D

Wetland Determination Data Sheets and NCWAM Form

NC WAM FIELD ASSESSMENT FORM
Accompanies User Manual Version 5.0
USACE AID # NCDWR#
Project Name McCullough Drive Streetscape Date of Evaluation 03/04/2021
Applicant/Owner Name City of Charlotte Wetland Site Name Wetland A
Wetland Type Basin Wetland Assessor Name/Organization Josh Kotheimer, STV
Engineers Inc.
Level III Ecoregion Piedmont Nearest Named Water Body Doby Creek
River Basin Yadkin-PeeDee USGS 8-Digit Catalogue Unit 03040105
County Mecklenburg NCDWR Region Mooresville
Yes No Precipitation within 48 hrs? Latitude/Longitude (deci-degrees) 35.299898, -80.750880
Evidence of stressors affecting the assessment area (may not be within the assessment area)
Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in
recent past (for instance, within 10 years). Noteworthy stressors include, but are not limited to the following.
• Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.)
• Surface and sub-surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic
tanks, underground storage tanks (USTs), ho g lagoons, etc.)
• Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.)
• Habitat/plant community alteration (examples: mowing, clear-cutting, exotics, etc.)
Is the assessment area intensively managed? Yes No

Regulatory Considerations - Were regulatory considerations evaluated? Yes No If Yes, check all that apply to the assessment area.
Anadromous fish
Federally protected species or State endangered or threatened species
NCDWR riparian buffer rule in effect
Abuts a Primary Nursery Area (PNA)
Publicly owned property
N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer)
Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout
Designated NCNHP reference community
Abuts a 303(d)-listed stream or a tributary to a 303(d)-listed stream
What type of natural stream is associated with the wetla nd, if any? (check all that apply)
Blackwater
Brownwater
Tidal (if tidal, check one of the following boxes) Lunar Wind Both
Is the assessment area on a coastal island? Yes No
Is the assessment area’s surface water storage capacity or duration substantially altered by beaver? Yes No
Does the assessment area experience overbank flooding during normal rainfall conditions? Yes No
1. Ground Surface Condition/Vegetation Condition – assessment area condition metric
Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the
assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment
area based on evidence an effect.
GS VS
A A Not severely altered
B B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive
sedimentation, fire-plow lanes, skidder tracks, bedding, fill, soil compact ion, obvious pollutants) (vegetation structure
alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less
diversity [if appropriate], hydrologic alteration)
2. Surface and Sub-Surface Storage Capacity and Duration – assessment area condition metric
Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub).
Consider both increase and decrease in hydrology. A ditch ≤ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot
deep is expected to affect both surface and sub-surface water. Consider tidal flooding regime, if applicable.
Surf Sub
A A Water storage capacity and duration are not altered.
B B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation).
C C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change )
(examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines).
3. Water Storage/Surface Relief – assessment area/wetland type condition metric (skip for all marshes)
Check a box in each column. Select the appropriate storage for the assessment area (AA) and the wetland type (WT).
AA WT
3a. A A Majority of wetland with depressions able to pond water > 1 deep
B B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep
C C Majority of wetland with depressions able to pond water 3 to 6 inches deep
D D Depressions able to pond water < 3 inches deep
3b. A Evidence that maximum depth of inundation is greater than 2 feet
B Evidence that maximum depth of inundation is between 1 and 2 feet
C Evidence that maximum depth of inundation is less than 1 foot
4. Soil Texture/Structure – assessment area condition metric (skip for all marshes)
Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature.
Make soil observations within the top 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional
indicators.
4a. A Sandy soil
B Loamy or clayey soils exhibiting redox imorphic features (concentrations, depletions, or rhizospheres)
C Loamy or clayey soils not exhibiting redox imorphic features
D Loamy or clayey gleyed soil
E Histosol or histic epipedon
4b. A Soil ribbon < 1 inch
B Soil ribbon ≥ 1 inch
4c. A No peat or muck presence
B A peat or muck presence
5. Discharge into Wetland – opportunity metric
Check a box in each column. Consider surface pollutants or discharges (Surf) and sub-surface pollutants or discharges (Sub). Examples
of sub-surface discharges include presence of nearby septic tank , underground storage tank (UST), etc.
Surf Sub
A A Little or no evidence of pollutants or discharges entering the assessment area
B B Noticeable evidence of pollutants or discharges entering the wetla nd and stressing, but not overwhelming the
treatment capacity of the assessment area
C C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area a nd
potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive
sedimentation, odor)
6. Land Use – opportunity metric (skip for non-riparian wetlands)
Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining
to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M),
and within 2 miles and within the watershed draining to the assessment area (2M).
WS 5M 2M
A A A > 10% impervious surfaces
B B B Confined animal operations (or other local, concentrated source of pollutants
C C C ≥ 20% coverage of pasture
D D D ≥ 20% coverage of agricultural land (regularly plowed land)
E E E ≥ 20% coverage of maintained grass/herb
F F F ≥ 20% coverage of clear-cut land
G G G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in
the watershed or hydrologic alterations that prevent drainage and/or overbank flow from affecting the
assessment area.
7. Wetland Acting as Vegetated Buffer – assessment area/wetland complex condition metric (skip for non-riparian wetlands)
7a. Is assessment area within 50 feet of a tributary or other open water?
Yes No If Yes, continue to 7b. If No, skip to Metric 8.
Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland.
Record a note if a portion of the buffer has been removed or disturbed.
7b. How much of the first 50 feet from the bank is wetland? (Wetland buffer need only be present on one side of the .water body. Make
buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbe d.)
A ≥ 50 feet
B From 30 to < 50 feet
C From 15 to < 30 feet
D From 5 to < 15 feet
E < 5 feet or buffer bypassed by ditches
7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width.
≤ 15-feet wide > 15-feet wide Other open water (no tributary present)
7d. Do roots of assessment area vegetation extend in to the bank of the tributary/open water?
Yes No
7e. Is stream or other open water sheltered or exposed?
Sheltered – adjacent open water with width < 2500 feet and no regular boat traffic.
Exposed – adjacent open water with width ≥ 2500 feet or regular boat traffic.
8. Wetland Width at the Assessment Area – wetland type/wetland complex condition metric (evaluate WT for all marshes and
Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest
only)
Check a box in each column for riverine wetlands only. Select the average width for the wetland type at the assessment area (WT) and
the wetland complex at the assessment area (WC). See User Manual for WT and WC boundaries.
WT WC
A A ≥ 100 feet
B B From 80 to < 100 feet
C C From 50 to < 80 feet
D D From 40 to < 50 feet
E E From 30 to < 40 feet
F F From 15 to < 30 feet
G G From 5 to < 15 feet
H H < 5 feet

9. Inundation Duration – assessment area condition metric (skip for non-riparian wetlands)
Answer for assessment area dominant landform.
A Evidence of short-duration inundation (< 7 consecutive days)
B Evidence of saturation, without evidence of inundation
C Evidence of long-duration inundation or very long-duration inundation (7 to 30 consecutive days or more)
10. Indicators of Deposition – assessment area condition metric (skip for non-riparian wetlands and all marshes)
Consider recent deposition only (no plant growth since deposition).
A Sediment deposition is not excessive, but at approximately natural levels.
B Sediment deposition is excessive, but not overwhelming the wetland.
C Sediment deposition is excessive and is overwhelming the wetland.
11. Wetland Size – wetland type/wetland complex condition metric
Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the
size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable , see User
Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select “K” for the FW column.
WT WC FW (if applicable)
A A A ≥ 500 acres
B B B From 100 to < 500 acres
C C C From 50 to < 100 acres
D D D From 25 to < 50 acres
E E E From 10 to < 25 acres
F F F From 5 to < 10 acres
G G G From 1 to < 5 acres
H H H From 0.5 to < 1 acre
I I I From 0.1 to < 0.5 acre
J J J From 0.01 to < 0.1 acre
K K K < 0.01 acre or assessment area is clear-cut
12. Wetland Intactness – wetland type condition metric (evaluate for Pocosins only)
A Pocosin is the full extent (≥ 90%) of its natural landscape size.
B Pocosin type is < 90% of the full extent of its natural landscape size.
13. Connectivity to Other Natural Areas – landscape condition metric
13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This metric
evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contigu ous
naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line
corridors the width of a four-lane road or wider, urban landscapes, maintained fields (pasture and agriculture), or open water > 300
feet wide.

Well Loosely
A A ≥ 500 acres
B B From 100 to < 500 acres
C C From 50 to < 100 acres
D D From 10 to < 50 acres
E E < 10 acres
F F Wetland type has a poor or no connection to other natural habitats

13b. Evaluate for marshes only.
Yes No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands.
14. Edge Effect – wetland type condition metric (skip for all marshes and Estuarine Woody Wetland)
May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificia l edges include
non-forested areas ≥ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors, and clear -cuts. Consider
the eight main points of the compass. Artificial edge occurs within 150 feet in how many directions? If the assessme nt area is clear cut,
select option ”C.”
A 0
B 1 to 4
C 5 to 8
15. Vegetative Composition – assessment area condition metric (skip for all marshes and Pine Flat)
A Vegetation is close to reference condition in species present and their proportions. Lower strata compo sed of appropriate
species, with exotic plants absent or sparse within the assessment area.
B Vegetation is different from reference condition in species diversity or proportions , but still largely composed of native species
characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing.
It also includes communities with exotics present, but not dominant, over a large portion of the expected strata.
C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non -
characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at
least one stratum.
16. Vegetative Diversity – assessment area condition metric (evaluate for Non-tidal Freshwater Marsh only)
A Vegetation diversity is high and is composed primarily of native species (< 10% cover of exotics).
B Vegetation diversity is low or has > 10% to 50% cover of exotics.
C Vegetation is dominated by exotic species (> 50 % cover of exotics).
17. Vegetative Structure – assessment area/wetland type condition metric
17a. Is vegetation present?
Yes No If Yes, continue to 17b. If No, skip to Metric 18.

17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non-marsh wetlands.
A ≥ 25% coverage of vegetation
B < 25% coverage of vegetation

17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non-marsh wetlands. Consider
structure in airspace above the assessment area (AA) and the wetland type (WT) separately.
AA WT
A A Canopy closed, or nearly closed, with natural gaps associated with natural processes
B B Canopy present, but opened more than natural gaps
C C Canopy sparse or absent

A A Dense mid-story/sapling layer
B B Moderate density mid-story/sapling layer
C C Mid-story/sapling layer sparse or absent

A A Dense shrub layer
B B Moderate density shrub layer
C C Shrub layer sparse or absent

A A Dense herb layer
B B Moderate density herb layer
C C Herb layer sparse or absent
18. Snags – wetland type condition metric (skip for all marshes)
A Large snags (more than one) are visible (> 12 inches DBH, or large relative to species present and landscape stability).
B Not A
19. Diameter Class Distribution – wetland type condition metric (skip for all marshes)
A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are
present.
B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 inch DBH.
C Majority of canopy trees are < 6 inches DBH or no trees.
20. Large Woody Debris – wetland type condition metric (skip for all marshes)
Include both natural debris and man-placed natural debris.
A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability).
B Not A
21. Vegetation/Open Water Dispersion – wetland type/open water condition metric (evaluate for Non-Tidal Freshwater Marsh only)
Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. P atterned
areas indicate vegetated areas, while solid white areas indicate open water.
A B C D

22. Hydrologic Connectivity – assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only)
Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion,
man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D.
A Overbank and overland flow are not severely altered in the assessment area.
B Overbank flow is severely altered in the assessment area.
C Overland flow is severely altered in the assessment area.
D Both overbank and overland flow are severely altered in the assessment area.

Notes

Canopy Mid-Story Shrub Herb
NC WAM Wetland Rating Sheet
Accompanies User Manual Version 5.0

Wetland Site Name Wetland A Date of Assessment 03/04/2021
Wetland Type Basin Wetland Assessor Name/Organization
Josh Kotheimer, STV
Engineers Inc.

Notes on Field Assessment Form (Y/N) NO
Presence of regulatory considerations (Y/N) NO
Wetland is intensively managed (Y/N) YES
Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) NO
Assessment area is substantially altered by beaver (Y/N) NO
Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) NO
Assessment area is on a coastal island (Y/N) NO

Sub-function Rating Summary
Function Sub-function Metrics Rating
Hydrology Surface Storage and Retention Condition NA

Sub-surface Storage and
Retention Condition NA
Water Quality Pathogen Change Condition NA
Condition/Opportunity NA
Opportunity Presence (Y/N) NA
Particulate Change Condition NA
Condition/Opportunity NA
Opportunity Presence (Y/N) NA
Soluble Change Condition NA
Condition/Opportunity NA
Opportunity Presence (Y/N) NA
Physical Change Condition NA
Condition/Opportunity NA
Opportunity Presence (Y/N) NA
Pollution Change Condition LOW
Condition/Opportunity LOW
Opportunity Presence (Y/N) NO
Habitat Physical Structure Condition LOW
Landscape Patch Structure Condition LOW
Vegetation Composition Condition MEDIUM

Function Rating Summary
Function Metrics Rating
Hydrology Condition LOW
Water Quality Condition LOW
Condition/Opportunity LOW
Opportunity Presence (Y/N) NO
Habitat Condition LOW

Overall Wetland Rating LOW

Delineation Report March 2021
McCullough Drive Streetscape Improvements in Charlotte, NC

Attachment E

Representative Photographs
Delineation Report
McCullough Drive Streetscape Improvements
Charlotte, NC
Photos Taken March 4th, 2021

Photo 1 – View of Stream A facing downstream to the west.

Photo 2 – View of the existing concrete pipe along Stream A; facing upstream to the east.
Delineation Report
McCullough Drive Streetscape Improvements
Charlotte, NC
Photos Taken March 4th, 2021

Photo 3 – View of Stream B facing downstream to the east.

Photo 4 – View of the concrete pipe and riprapped area at the beginning on Stream B; facing downstream
to the east.
Delineation Report March 2021
McCullough Drive Streetscape Improvements in Charlotte, NC

Attachment F

Agent Authorization Form
Delineation Report March 2021
McCullough Drive Streetscape Improvements in Charlotte, NC

Attachment G

Notification of Jurisdictional Determination

Page 1 of 2
U.S. ARMY CORPS OF ENGINEERS
Wilmington DISTRICT

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

NOTIFICATION OF JURISDICTIONAL DETERMINATION

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

Telephone Number: 704-336-2044

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

Indicate Which of the Following Apply:

A. Preliminary Determination

Based on preliminary information, there may be waters of the U.S., including wetlands on the above described project
area/property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA)
jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination
is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). If you
wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also,
you may provide new information for further consideration by the Corps to reevaluate the JD.

B. Approved Determination

There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.

There are waters of the U.S., including wetlands on the above described project area/property subject to the permit requirements
of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.

We strongly suggest you have the waters of the U.S., including wetlands on your project area/property delineated. Due to the
size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely
manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be
verified by the Corps.

The waters of the U.S., including wetlands on your project area/property have been delineated and the delineation has been
verified by the Corps. The approximate boundaries of waters of the U.S. are depicted on the enclosed map Figure 4 dated
11/5/2015. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and
verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on
your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to
exceed five years.

The waters of the U.S., including wetlands have been delineated and surveyed and are accurately depicted on the plat signed
by the Corps Regulatory Official identified below on Plat Date. Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.

There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination
and/or the Corps regulatory program, please contact David Shaeffer at 919-554-4884 X31 or [e-mail].
C. Basis For Determination: Based on information submitted by the applicant and available to the U.S.
Army Corps of Engineers, the project area exhibits criteria for waters of the U.S. as defined in 33 CFR
328, Regulatory Guidance Letter 05-05, the JD Guidebook (i.e. Rapanos Guidance), the 1987 Wetland
Delineation Manual, and/or the Regional Supplement to the 1987 Manual: Eastern Piedmont and
Mountains v2.0. See the approved jurisdictional determination form dated 4/18/2016 included in the file.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps’ Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by 6/17/2016.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official: ______________________________________________________
Date:4/18/2016 Expiration Date: 4/18/2021
Digitally signed by SHAEFFER.DAVID.LEIGH.1260750573
DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA,
cn=SHAEFFER.DAVID.LEIGH.1260750573
Date: 2016.04.18 07:26:55 -04'00'

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0

Copy furnished:

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

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

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.

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

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

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

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

For appeals on Initial Proffered Permits send this form to:

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

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

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

't ^'p
AV
¥
,i"*g=r7;
ft,'?
I ^Flow
bRPW Stream A(-132 U)
' *»
Legend
"C?Project Study Area (~30 acres)
Potentially Jurisdictlonal Stream
Potentially Jurisdictionat Wetland
•Wetland Data Point
Photograph Location
0 250 500 1,000
Feet
'?!
:i I
fT'
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IData Point i]
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.'^ir
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IGPS points were collected with a Trimble GeoXH iiand-held GPS unit attached |
Ito a Trimble Tornado antenna on a2 meter height pole.Data was collected withIaPDOPMaskof6,SNR Mask of 38,and Elevation Mask of 10.Data was
differentially corrected using Pathfinder Office. GPS data should not be
Iconsidered survey grade.
^STV i.ioo
ciiAHMrni
Hruject:
McCullough Drive
Streelscapc
MecklenburgCounty,NC
APPROXIMATE
WATERS OF THE U.S.
AND WETLANDS
BOUNDARY MAP
SaMxe»:MccUcfibiirgCouaty
A«riil liBHfvry (2115)
Notes;
1 Potential jurisdictlonal waters of Che
U.S.were delineated by STV dunng
field revwws conducted on July 24
and August 31.2015.Jurisdictlonal
boundaries have been marlted in the
field Mth pinkwetlandboundary tape
and mapped using a Trimble GeoXH
hand-held GPS unit capable of
subfoot accuracy. This map Is
intended for planning purposes only.
2 Junsdictional boundaries of the
waters of the U.S.have not been
verified by the U.S. Army Corps of
Engineers and are subject to changeIfollowingvenfication.
Drawn By:
JLK
Appruvfd By:
MAI
Checked By;
BJP
Dace:
11/5/2015
[STVEncinvcrs,Inc.Pruject Nu.
4017213
FIGURE 4
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S.Army Corps of Engineers
This form should be completed by following the instructions provided in Section IVoftheJD Form Instructional Guidebook.
SECTION I:BACKGROUND INFORMATION
A.report COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B.DISTRICT OFFICE,FILE NAME, ANDNUMBER:
C.PROJECT LOCATION AND BACKGROUND INFORMATION:McCullough Drive Streetscape
State:NC County/parish/borough:Meklenburg City:Charlotte
Center coordinates of site (lat/long in degree decimal format):Lat.35.302465°§,Long.-80.756823°
Universal Transverse Mercator:N 3906613.23 E 522108.36
Nameof nearestwaterbody:Doby Creek
Name of nearest Traditional Navigable Water (TNW)into which the aquatic resource flows:Yadkin-Pee Dee River
Nameof watershedor Hydrologic UnitCode(HUC):03040105
g Check ifmap/diagram of review area and/or potential jurisdictional areas is/are available upon request.
Ej Check if other sites (e.g.,ofifsite mitigation sites,disposal sites,etc...)are associated with this action and are recorded on a
different JD form.
D.REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
®Office (Desk)Determination.Date:07/23/15.
1^Field Determination.Date(s):07/24/15
SECTION II:SUMMARY OF FINDINGS
A.RHA SECTION 10 DETERMINATION OF JURISDICTION.
ThCTe Vre no ''navigable waters ofthe 17.5."within Rivers and H^bors Act (RHA)jurisdiction (as defined by 33 CFR part 329)in the
review area.[Requirec[\
Q Waters subject totheebb and flow ofthe tide.0 Waters are presently used,or have been used in the past,or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B.CWA SECTION 404 DETERMINATION OF JURISDICTION.
There S ''waters of the U.Sr within Clean Water Act (CWA)jurisdiction (as defined by 33 CFR part 328)in the review area.\Required\
1.Waters of the U.S.
a.Indicate presence ofwatersof U.S.in review area (check all that apply):^
EU TNWs,including territorial seas
O Wetlands adjacent to TNWs
E Relatively permanent waters^(RPWs)that flow directly or indirectly into TNWs
E]Non-RPWs that flow directly or indirectly into TNWs
^Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent tobutnot directly abutting RPWs thatflow directly or indirectly into TNWs
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
Impoundments ofjurisdictional waters
Isolated(interstateor intrastate)waters,includingisolated wetlands
b.Identify (estimate)size of waters of the U.S. in the review area:
Non-wefland waters:Stream A=132 linear feet:4 width (ft)and/or 0.012 acre;Stream B=166 linear feet:4 width (ft)and/or
0.015 acres.
Wetlands:Wetland A =0.01 acres.
c.Limits (boundaries)of jurisdiction based on:
Elevation of established OHWM (if known):
2.Non-regulated waters/wetlands (checkif applicable):^
0 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
^Boxes checked below shall be supported by completing the appropriate sections in Section III below.
For purposes ofthis form,an RPW is defined as a tributary that is not a TNW and that typically flows year-round orhas coiitinuous flow atleast "seasonally"
(e.g., typically 3 months).
^Supporting documentation is presented inSection III.F.
SECTION III;CWA ANALYSIS
A.TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource isa TNW, complete
Section IIIA.1 and Section IILD.l.only; ifthe aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section II1.D.1.;otherwise,see Section III.B below.
1.TNW
Identify TNW:
Summarize rationale supporting determination:.
2.Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetlmid is "adjacent":
B.CHARACTERISTICS OF TRIBUTARY (THAT IS NOT ATNW) ANDITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics ofthe tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencieswillassert jurisdiction over non-navigable tributaries ofTNWswhere the tributaries are "relatively permanent
waters"(RPWs), i.e.tributaries that typically flow year-round or have continuous flow at least seasonally(e.g.,typically 3
months). A wetland that directly abuts an RPW is also jurisdictional.If the aquatic resource is not a TNW,but has year-round
(perennial) flow,skip to Section HI.D.2. If the aquatic resource isa wetland directly abutting a tributary with perennial flow,
skip to Section HI.D.4.
A wetland that is adjacent to but that doesnot directly abut an RPW requires a signiflcant nexusevaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a signiflcant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any)and a traditional navigable water,even
though a signiflcant nexus flnding is not required as a matter of law.
Ifthe waterbody'*isnotan RPW,ora wetland directly abutting an RPW,aJD will require additional datato determine ifthe
waterbody has a signiflcant nexus with a TNW.If the tributary has adjacent wetlands,the signiflcant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands.This signiflcant nexus evaluation that combines, for
analytical purposes, the tributary and all ofits adjacent wetlands isusedwhether the reviewarea identifledin the JD request is
the tributary,or its adjacent wetlands, or both. If the JD coversa tributary with adjacent wetlands,completeSection IH.B.1for
the tributary.SectionIII.B.2 for any onsitewetlands,and SectionIII.B.3for all wetlands adjacent to that tributary,both onsite
and offsite.The determination whether a signiflcant nexus exists is determined in Section in.C below.
1.Characteristics of non-TNWs that flow directly or indirectly into TNW
(i)General Area Conditions:
Watershed size:3,285|
Drainage area:<100
Average annual rainfall:42.81 inches
Average annual snowfall:6.4 inches
(ii)Physical Characteristics:
(a)Relationship with TNW:
• Tributaryflowsdirectlyinto TNW.
lEI Tributary flows througji |tributaries before entering TNW.
Project waters are river miles from TNW.
Project waters are B^SlSl^er miles from RPW.
Project waters are aerial (straight) miles from TNW.
Project waters are aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
*Note that the Instructional Guidebook contains additional information regarding swales,ditches,washes,and erosional features generally and inthe arid
West.
(b)
Identify flow route to TNW^:Stream A flows to Doby Creek (RPW)and Stream B flows to Toby Creek (RPW).Both
Doby Creek and Toby Creek flow to Mallard Creek (RPW) which flows to the Rocky River (RPW) which flows to the
Yadkin-Pee Dee Rivo-(TNW).
Tributary stream order,if known:First.
General Tributary Characteristics (check all that applvl:
Tributary is:Q Natural
O Artificial (man-made).Explain:
^Manipulated (man-altered).Explain:Stream A and Stream B have ripr^aprons at the end of
pipe outfalls.
(c)
Tributary properties with respect to top of bank (estimate):
Average width: 4 feel
Average depth: 2 feet
Average side slopes:jjH.
Primary tributary substrate composition (check all that ^ly):
[3 Silts ^Sands
S Cobbles 13 Gravel
•Bedrock •Vegetation.Type/%cover:
O OthCT.Explain:
n Concrete
l~l Muck
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Stable bed and banks.
Presenceof run/riffle/poolcomplexes.Explain:Moderaterun/riffle/poolcomplexes.
Tributary geometry:HiUHi
Tributary gradient (approximate average slope): 1-5 %
Flow:
Tributary provides for:HIHH|[
Estimate average number of flow events in review area/year
Describe flow regime:[ntermittent.
Other information on duration and volume:
Surface flow is:
Subsurface flow:Explain findings:
i~l Dye (or other)test performed:
Tributary has (check all that apply):
Bed and banks
^OHWM®(check all indicators that apply):
S clear,natural line impressed onthebank
l~l changesinthe character of soil
Q shelving
f~l vegetation matted down,bent,orabsent
^leaflitter disturbed or washed away
1^sedimentdeposition
r~1 waterstaining
•other (list):
n Discontinuous OHWM.^Explain:
I.Characteristics:
n thepresenceof litterand debris
[~l destruction of terrestrial vegetation
E!the presence of wrack line
l~l sediment sorting
n scour
Q multipleobserved or predicted flowevents
[~l abrupt change in plant community
If factors otherthanthe OHWM were used to d«ermine lateral extent of CWA jurisdiction (check allthat a^qJly):
High Tide Line indicated by:
O oil or scum line along shore objects
l~l fineshellor debris deposits (foreshore)
n physical markings/characteristics
r~l tidalgauges
l~l other(list):
Mean High Water Mark indicated by:
l~l surveyto available datum;
O physical markings;
rn vegetation lines/changes in vegetation types.
(iii)Chemical Characteristics;
'Flow route can be described by identifying,e.g.,tributaiy a,which flows through the review area,to flow into tributaiy b,which then flows into TNW.
'a natural orman-made discontinuity inthe OHWM does not necessarily sever jurisdiction (e.g.,where the stream temporarily flows underground,orwhere
the OHWM hasbeen removed by development or agricultural practices).Where there isa break inthe OHWM that is unrelated tothe waterbody's flow
regime(e.g., flowover a rockoutcropor through a culvert),the agencies will look for indicatorsof flowabove and belowthe break.
^Ibid.
Characterize tributaiy (e.g.,water coloris clear,discolored,oilyfilm;water quality;general watershed characteristics,etc.).
Explain:Water color is clear.
Identifyspecificpollutants, ifknown: Non-pointsourcerunoff.
(iv)Biological Characteristics.Channel supports (check all that apply):
13 Riparian corridor.Characteristics (type,average width):forested buffer ~50'in width.
• Wetland fringei Characteristics:
• Habitat for
I~1 Federally Listed sp^ies.Explain findings:
•Fish/spawn areas.Explain findings:
l~l Other environmentally-sensitive species.Explain findings:
•Aquatic/wildlife diversity.Explain findings;
2.Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i)Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size:0.01 acres
Wetland type. Explain:PFOl .
Wetland quality.Explain:Low quality disturbed system.
Project wetlands cross or serve as state boundaries.Explain:
(b)General with Non-TNW:
Surfaceflowis:jVoi^resen^
Characteristics:.
Subsurface flow:Explain findings:stand pipe drains wetland.
• Dye(orother)test performed:
(c)Wetland Adiacencv Determination with Non-TNW:
•Directlyabutting
IHl Not directly abutting
13 Discreite wetland hydrologic connection.Explain:non-jurisdictional stormwater conveyance.
•Ecological connection.Explain:
•Separated by berm/barrier.Explain:
(d)Proximity (Relationship)to TNW
Project wetlands are .^(iwymSire)river miles from TNW.
Project waters arc^aerial (straight)miles from TNW.
Estimate approximate location of wetland as within the floodplain.
(ii)Chemical Characteristics:
Characterizewetlandsystem(e.g.,watercolor is clear,brown,oil filmon surface;waterquality;generalwatershed
characteristics;etc.). Explain: Water is clear.
Identify specific pollutants,if known;non-point source runoff. '
(iii)Biological Characteristics.Wetland supports (check all that apply):
13 Riparian buffer.Characteristics (type,average width);partial vegetated buffer.
•Vegetation type/percent cover.Explain;scrub shrub and herbaceous.
•Habitat for;
^Federally Listed species.Explain findings;
~]Fish/spawn areas.Explain findings;
Z]Other environmentally-sensitive species.Explain findings;.
ZI Aquatic/wildlife diversity.Explain findings:
3.Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s)being considered inthe cumulative analysis;|
Approximately (0.01)acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts?TY/N)Size (in acres')Directly abuts?(Y/N')Size fin acres')
Wetland A = N 0.01
Summarize overall biological,chemical and physical functions being performed:Aquatic habitat in flooded portions.
Sediment removal.Flood control.
C.SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions ofthetributary itself andthe functions performed
by any wetlands adjacent tothe tributary to determine if they significantly affect the chemical,physical,and biological integrity
ofa TNW.For each ofthe following situations,a significant nexus exists ifthe tributary,in combination with allofits adjacent
wetlands,hasmorethan a speculative or insubstantial effect onthe chemical,physical and/or biological integrity ofa TNW.
Considerations when evaluating significant nexus include,butarenot limited tothe volume,duration,and frequency ofthe flow
ofwaterinthetributaryandits proximity toa TNW,andthe functions performed bythetributaryandallits adjacent
wetlands.It isnotappropriateto determine significant nexus based solely onany specific threshold of distance (e.g.between a
tributaryanditsadjacent wetland or between a tributaryandthe TNW).Similarly,thefactanadjacentwetland lieswithin or
outside of a floodplain is not solely determinative of significant nexus.
j
Draw connections between the features documented andthe effects onthe TNW,as identified inthe Rapanos Guidance and
discussed in the Instructional Guidebook.Factors to considerinclude,for example:
•Does the tributary,in combination with its adjacent wetlands (if any),have the capacity to carry pollutants or flood waters to
TNWs,or to reducethe amountofpollutantsor flood watersreachinga TNW?
•Does the tributary,in combination with its adjacent wetlands (if any),provide habitat and lifecycle support functions for fish and
other species,suchas feeding,nesting,spawning,or rearing young for species thatare present inthe TKW?
•Does the tributary,in combination with its adjacent wetlands (if any),have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
•Does the tributary,in combination with its adjacent wetlands (if any),have other relationships tothe physical,chemical;or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1.Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs.Explain
findings of presence or absence of significant nexus below,based onthetributary itself,then goto Section III.D:
2.Signiflcant nexus findings for non-RPW and its adjacent wetlands,where the non-RPW flows directly or indirectly into
TNWs.Explain findings of presence or absence of significant nexus below,based onthe tributary in combination with allofits
adjacent wetlands, then go to Section III.D;.,
3.Significant nexus findings for wetlands adjacent toan RPW butthatdonot directly abutthe RPW.Explain findings of
presence or absence of significant nexus below,based onthe tributary in combination with allofits adjacent wetlands,then goto
Section III.D:
D.DETERMINATIONS OF JURISDICTIONAL FINDINGS.THE SUBJECT WATERSAVETLANDS ARE (CHECK ALL
THAT APPLY):
1.TNWs and Adjacent Wetlands.Checkall that applyandprovidesizeestimatesin reviewarea:
H TNWs:linear feet width (ft).Or,acres.
H Wetlands adjacent to TNWs:acres.
2. RPWs that flow directly or indirectly into TNWs.
|§Tributaries of TNWs where tributaries typically flow year-round are jurisdictional.Provide data and rationale indicating that
tributary is perennial:
®Tributaries of TNW where tributaries have continuous flow "seasonally"(e.g.,typically three nionths each year)are
jurisdictional.Data supporting this conclusion is provided at Section III.B.Provide rationale indicating that tributary flows
seasonally:Stream A and Stream B each have an OHWM,well-defined bed and banks,and some sediment deposition and
Stream Bis depicted asa blue line on the USGS quadrangle and asa stream onthe NRCS Soils Series Map.Stream Ais not
depicted asa blue line onthe USGS topographic quadrangle orasa stream onthe NRCS Soil Series Map.Stream A flows to
Doby Creek (RPW)and Stream B flows to Toby Creek (RPW).Both Doby Creek and Toby Creek drain to Mallard Creek
(RPW)which flows tothe Rocky River (RPW)which flows tothe Yadkin-Pee Dee River (TNW).
Provide estimates for jurisdictional waters inthe review area (check allthat apply):
H Tributary waters:Stream A=132 linear feet 4 width (ft);Stream B=166 linear feet 4 width (ft).
H Other non-wetland waters:acres.
Identify type(s)of waters:
3.Non-RPWs'that flow directly or indirectly into TNWs.
H Waterbody that is not a TNW or an RPW,but flows directly or indirectly into a TNW,and it has a significant nexus with a
TNWis jurisdictional.Data supporting this conclusion isprovidedat Section III.C.
Provide estimates forjurisdictional waters within the review area (check allthat apply):
®Tributary waters:linear feet width (ft).
@ Other non-wetland waters:acres.
Identify type(s)of waters:
4. Wetlandsdirectlyabutting an RPW that flow directlyor indirectlyintoTNWs.
WetlandsdirectlyabutRPWandthusare jurisdictional as adjacentwetlands.
@ Wetlands directly abutting an RPW where tributaries typically flow year-round.Provide data and rationale
indicating thattributary is perennial in Section IILD.2,above.Provide rationale indicating thatwetland is
directly abutting an RPW:.
Wetlands directly abutting an RPW where tributaries typically flow "seasonally."Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2,above.Provide rationale indicating that wetland is directly
abutting an RPW: Wetland A is a palustine forested wetland that drains to the Stream B headwater basin.
Provide acreage estimates for jurisdictional wetlands in the review area: 0.01 acres.
5.Wetlands adjacenttobut not directly abuttinganRPWthat flow directly or indirectly into TNWs.
Ef Wetlands that do not directly abut an RPW,but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands,have a significant nexus with a TNW are jurisidictional.Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlandsadjacent to non-RPWsthat flowdirectlyor indirectlyinto TNWs.-
Q Wetlands adjacent to such waters,and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands,have a significant nexus with a TNW are jurisdictional.Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7.Impoundments of jurisdictional waters.'
Asa generalrule,the impoundment ofa jurisdictional tributary remainsjurisdictional.
O Demonstrate.that impoundment was created from "waters ofthe U.S.,"or
;H Demonstrate that water meets the criteria for one ofthe categories presented above (1 -6),or
@ Demonstrate that water is isolated with a nexus to commerce (see E below).
J
E.ISOLATED (INTERSTATE OR INTRA-STATE]WATERS,INCLUDING ISOLATED WETLANDS,THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE,INCLUDING ANY
SUCH WATERS (CHECKALLTHAT APPLY):^"
@ which are or could be used by interstate or foreign travelers for recreational or other purposes.
@ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
^See Footnote #3.
'To complete theanalysis refer tothekey in Section III.D.6 of the Instructional Guidebook.
Prior to asserting or declining CWA jurisdiction based solely onthis category.Corps Districts will elevate theaction to Corps and EPA HQ for
review consistent with the process described intheCorps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
pi which are or could be used for industrial purposes by industries in interstate commerce.
S Interstate isolated waters.Explain:
0 Other factors.Explain:
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters inthe review area (check all that apply):
Tribute waters:linearfeet width(ft).
Other non-wetland waters:acres.
Identify type(s)of waters:
Wetlands:acres.
F.NON-JURISDICTIONAL WATERS,INCLUDING WETLANDS (CHECK ALL THAT APPLY):
m If potential wetlands were assessed within the review area,these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
Review area included isolated waters with ho substantial nexus to interstate (or foreign)commerce.
•Prior to the Jan 2001 Supreme Court decision in ''SWANCC"the review area would have been regulated based solelv on the
"Migratory Bird Rule"(MBR).
01 Waters do not meet the "Significant Nexus"standard,where such a finding is required for jurisdiction.Explain:
^Other:(explain,if not covered above):.
Provide acreage estimates for non-jurisdictional waters in the review area,where the sole potential basis ofjurisdiction is the MBR
factors (i.e.,presence of migratory birds,presence ofendangered species,use of water for irrigated agriculture),using best professional
judgment (checkall that apply):
Non-wetland waters(i.e.,rivers,streams):linearfeet width(ft).
Lakes/ponds:acres.
Other non-wetland waters;acres.Listtypeof aquatic resource:
Wetlands:acres.
Provide acreage estimates for non-jurisdictional waters in the review area that do not meet the"Significant Nexus"standard,where such
a findingisrequiredforjurisdiction(checkallthat apply);
^Non-wetland waters (i.e.,rivers,streams);linear feet,width (ft).
Lakes/ponds;acres.
Other non-wetland waters:acres. List tj^e ofaquatic resource:
Wetlands;acres.
SECTION IV:DATA SOURCES.
A.SUPPORTING DATA.Data reviewed forJD (checlc all that apply -checked items shall be included in case file and,where checked
and requested,appropriately referencesourcesbelow);
H Maps,plans,plots or plat submitted by or on behalf of the applicant/consultant;Figure 4-Approximate Waters of the U.S.and
Wetlands Boundary Map.
Datasheetsprepared/submittedby or on behalfof the applicant/consultant.
•Office concurs with data sheets/delineation report.
•Office does not concur with data sheets/delineation report.
0 Data sheets prepared by the Corps;
Q Corps navigable waters'study;
^U.S.Geological Survey Hydrologic Atlas;
• USGS NHD data.
•USGS 8and12 digit HUC maps.
U.S.Geological Survey map(s).Cite scale &quad name;1;24000,Derita and Harrisburg,NC (1993).
USDA Natural Resources Conservation Service Soil Survey.Citation:NRCS Soil Series Data for Mecklenburg County (2012).
National wetlands inventory niap(s).Cite name:Derita and Harrisburg,NC.
State/Localwetland inventorymap(s):
FEMA/FIRM maps;.
100-year Floodplain Elevation is;(National Geodectic Vertical Datum of 1929)
Photographs;^Aerial (Name &Date);NAIP (2013),Mecklenburg County.
or IE!Other (Name &Date);Photos (07/24/15).
Previous determination(s).Fileno. anddateofresponse letter;
Applicable/supporting case law;
Applicable/supporting scientific literature;
Other information (please specify);
B.ADDITIONAL COMMENTS TO SUPPORT JD: The limits of jurisdictional waters ofthe U.S.,including Wetland A,Stream Aand
Stream B,were delineated by STV and the locations were approximated using a Trimble GeoXH hand-held GPS unit capable of sub-foot
accuracy (Figure 4-Approximate Waters ofthe U.S.and Wetlands Boundary Map).Wetland A was determined tobea palustrine forested
wetland that is connected to downstream Waters through a pipe conveyance system.Stream A and Stream B were determined tobe relatively
permanent waters (RPWs)with intermittent flow based onan OHWM,well-defined bedand banks,and some sediment deposition.Stream B
is depicted asaa blue line onthe USGS quadrangle and asa stream onthe NRCS Soils Series Map.Stream Aisnot depicted on the USGS or
Soils Survey asa stream (blue line)feature.Stream A flows to Doby Creek (RPW).Wetland A drains through pipes to Stream B.Stream B
flows to Toby Creek (RPW).Both Doby Creek and Toby Creek flow to Mallard Creek (RPW)which flows to the Rocky River (RPW)which
flows to the Yadkin-Pee Dee River (TNW).