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HomeMy WebLinkAbout20121151 Ver 1_401 Application_20121212-- Kimley -Horn -and Associates, Inc. __ - -- - Transmitta[ Suite 440 - 20M South Boulevard Charlotte, North Carolina 20 1 2 1 1 _5 1 - - - -- 28203 - - - — -TEL 704 333 5131 FAX 704 333 0845 Date: December 21, 2012 Job Number: 018536008 Project Name: – Stormwater Improvements at Carving Tree Lane and Leatherwood Lane To: Karen Higgins NC DWQ, Wetlands, Buffers, OEM 1 404 /401 Pre- Construction Notification Package (NWP#3) 1 Stormwater Compliance and Permitting Unit 2 PCN Application Fee Check 2 12/21/12 3 1650 Mail Service Center 3 12/21/12 4 Raleigh, North Carolina 27699 -1650 LR! : 12/21/12 T-1 CD -R Full -Size Plan Sheets - QMALJffV 4 MEIVM b Branch ench W are sending these by [:] U.S. Mail ® FedEx E] Hand Deliver - - - r-1 other: We are sending you r� ®Attached Under separate cover via i 7f�* pg items: E] Shop Drawings ❑ Prints/Plans Samples Specifications ❑ Change Orders ® Other: 404 /401 Pre- Construction Notification Package (NWP#3) Copies Date No. Description 5 12/21/12 1 404 /401 Pre- Construction Notification Package (NWP#3) 1 12/21/12 2 PCN Application Fee Check 2 12/21/12 3 Full -Size Plan Sheets 3 12/21/12 4 Half -Size Plan Sheets 1 12/21/12 T-1 CD -R Full -Size Plan Sheets —These are transmitted as checked below: ® For your use EJ Approved as submitted Resubmit Copies for approval As requested ❑ Approved as noted ® Submit Copies for distribution For review and comment [I Returned for corrections ❑ Return E] Corrected prints – Remarks: If you have any questions, please feel free to contact me at 704 -409 -1802. Copy to: File Page 1 Signed s Tinklenberg,WPIT Page 1 Kimley -Hom .and Associates, Inc. - O l ' C - Transmittal Suite 440 2000 South Boulevard Charlotte, North Carolina 28203 TEL 704 333 5131 FAX 704 333 0845 - -Date: December 21, 2012 Job Number: 018536008 - Project Name: - Stormwater Improvements at Carving Tree Lane and Leatherwood Lane To: Karen Higgins NC DWQ, Wetlands, Buffers, Stormwater Compliance and Permitting Unit 1650 Mail Service Center Raleigh, North Carolina 27699 -1650 We are sending these by ❑ U.S. Mail ® FedEx ❑ Hand liver ❑ Other: We are sending you ®Attached ❑ Under separate cover via the following items: ❑ Shop Drawings ❑ Prints/Plans ❑ Samples ❑ Specifications ❑ Change orders ® Other: 404 /401 Pre- Construction Notification Package (NWP#3) Copies Date No. Description 5 12/21/12 1 404 /401 Pre- Construction Notification Package 3) 1 12/21/12 2 PCN Application Fee Check 2 12/21/12 3 Full -Size Plan Sheets 3 12/21/12 4 Half -Size Plan Sheets 1 1 1221/12 5 1 CD -R Full -Size Plan Sheets These are transmitted as checked below: ® For your use ❑ Approved as submitted ❑ Resubmit EJ Copies for approval ❑ As requested ❑ Approved as noted ® Submit ElCopies for distribution ❑ For review and comment ❑ Returned for corrections ❑ Return Corrected prints Remarks: If you have any questions, please feel free to contact me at 704-409-18 02. Copy to: File Signed s Tinkle ribergWPIT 20 1 2 1 15 1 Can Kimley -Horn and Associates, Inc. December 21, 2012 Mr. Steve Kichefski Asheville Regulatory Field Office US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801 -5006 Ms. Karen Higgins NC DWQ, Wetlands, Buffers, Stormwater Compliance and Permitting Unit 1650 Mail Service Center Raleigh, NC 27699 -1650 Re: 404/401 Permit (Nationwide 3) Application Storm Water Improvements at Carving Tree Lane And Leatherwood Lane Harrisburg, Cabarrus County, NC Dear Mr. Kichefski and Ms. Higgins: On behalf of our client, the Town of Harrisburg, Kimley -Horn and Associates, Inc. (KHA) is submitting the enclosed joint Section 404/401 Preconstruction Notification Application for the above referenced project for your review pursuant to a Nationwide Permit #3 and General 401 Water Quality Certification number 3883. This application is to replace/upgrade two undersized piped stream crossings that are in poor physical condition. The following information is included as part of this application submittal: • Project Summary Sheet • Agent Authorization • Pre - Construction Notification Form • Project Site Figures • Figure 1 — Vicinity • Figure 2 — USGS • Figure 3 — SSURGO Soils • Figure 4a — Carving Tree Lane JD Features and Improvements • Figure 4b — Leatherwood Lane JD Features and Improvements • Drawings for the TOWN OF HARRISBURG Storm Water Improvements • Project Site Data forms o USACE Stream Quality Assessment Worksheet o NCDWQ Stream Identification Form • Project Site Photo Pages • USACE Approved Jurisdictional Determination (Rapanos) Form ■ TEL 704 333 5131 FAX 704 333 0845 Suite 440 2000 South Boulevard Charlotte, North Carolina 28203 [:=Fl Wrnley -Horn 101 and Associates, Inc. The project areas are located near the intersections of Leatherwood Lane and Boulder Creek Lane and Carving Tree Lane and Boulder Creek Lane in the Town of Harrisburg, Cabarrus County, North Carolina. Existing land use in the vicinity of the project includes single family residential development and undeveloped forested land. The 404 /401 (NWP 3) application presents site conditions evaluated by Kimley- Horn and Associates, Inc. (KHA) staff (Chris Tinklenberg, WPIT) on September 16, 2012. The stream delineation was performed by utilizing survey prepared by a licensed surveyor (verified by KHA). The proposed project seeks to upgrade an existing 72 -inch Corrugated Metal Pipe (CMP) at Carving Tree Lane to a 7'x 6'reinforced concrete box culvert (RCBC) adjacent to a 7' x 4' RCBC. Triple 36 -inch CMPs will be upgraded to a 7'x 7' RCBC adjacent to a 7' x 5' RCBC at the Leatherwood Lane crossing. Both crossings are designed based on geomorphic measurements and with a primary box to match bankfull width with a second box set at bankfull elevation for high flows. Rip -rap dissipation will be replaced at pipe outlets to the minimum extent necessary to reduce discharge velocity and meet non - erosive design criteria. The project will result in permanent impacts to 75 linear feet of a perennial RPW and requires 127 linear feet of temporary impacts to install impervious dikes, a pump - around to allow work "in the dry", and temporary shoulder berms for maintaining neighborhood access /traffic control. Please feel free to contact me at (704) 409 -1802 if you have any questions, or if additional information is necessary. Sincerely, KIMLEY -HORN AND ASSOCIATES, INC. Chris Tinklenberg, WPIT Environmental Analyst Attachments Cc: Derek Slocum, Town Engineer Town of Harrisburg, NC 4100 Main Street, Suite 100 Harrisburg, NC 28075 Corps Submittal Cover Sheet Please provide the following info: 1. Project Name: Storm Water Improvements at Carving Tree Drive and Leatherwood Lane 2. Name of Property Owner /Applicant: Town of Harrisburg 3. Name of Consultant/Agent: Kimley -Horn & Associates, Inc. *Agent authorization needs to be attached 4. Related/Previous Action ID number(s): N/A 5. Site Address: Leatherwood Lane and Boulder Creek Lane, Carving Tree Drive and Boulder Creek Lane 7. City: Harrisburg 8. County: Cabarrus 9. Lat: 35.33061 Long: - 80.66841 (Decimal Degrees Please 10. Quadrangle Name: Harrisburg 11. Waterway: Unnamed Tributary to Mallard Creek 12. Watershed: HUC 03040105 / Yadkin 03 -07 -11 13. Requested Action: X Nationwide Permit # 3 General Permit # X Jurisdictional Determination Request Pre - Application Request (Mitigation Proposal) The following information will be completed by the Corps office: AID: Prepare File Folder Assign number in ORM Begin Date Authorization: Section 10 Section 404 Project Description/ Nature of Activity/ Project Purpose: Site/Waters Keywords: OELC 282012 L11 ©Kffn* -Hom and Associates, Inc Project Summary Sheet Project Name: Storm Water Improvements at Carving Tree Drive and Leatherwood Lane Applicant Name and Address: Town of Harrisburg, NC 4100 Main Street, Suite 100 Harrisburg, NC 28075 Telephone Number: 704- 455 -0728 Type of Request: ® Nationwide PCN (NWP # 3) ❑ Indivic ® Jurisdictional Determination ❑ Other: Included Attachments: ® Project Plans ® USGS Map ❑ Agent Authorization ® Delineation Sketch ❑ Data Forms (Up & Wet) ® NCDWQ Stream Forms ❑ NCEEP Confirmation ® Aerial Photo ❑ Agency Correspondence ❑ Other: lual Permit Application ® NRCS Soil Survey ❑ Delineation Survey ® USACE Stream Forms ® Site Photos ❑ Other: Check if applicable: ❑ CAMA County ❑ Trout County ❑ Isolated Waters ❑ Section 7, ESA ❑ Section 106, NHPA ❑ EFH ❑ Mitigation Proposed (❑ NC EEP ❑ On -Site ❑ Off -Site ❑ Other) County: Cabarrus Nearest City/Town: Harrisburg Waterway: UT to Mallard Creek H.U.C.: 03040105 Property Size (acres): 1.0 Site Coordinates (in decimal degrees): 35.33113 ON River Basin: Yadkin: NCDWO 03 -07 -11 USGS Quad Name: Harrisburg Approx. Size of Jurisdiction on Site (acres): 0.045 - 80.66848 °W Project Location: The project areas are located near the intersections of Leatherwood Lane and Boulder Creek lane and Carving Tree Lane and Boulder Creek Lane in the town of Harrisburg, Cabarrus County, North Carolina. Site Description: The watershed is predominately residential developments and undeveloped forested land. Roughly 25% of the watershed is occupied by impervious streets, open land/agricultural land, and onen waters. Impact Summary (if applicable): The project will result in 75 linear feet of permanent impacts to an Unnamed Tributary to Mallard Creek and requires 127 linear feet of temporary impacts to to install measures to allow work "in the dry ". NWP # Open Water (acres) Wetland (acres) Stream Channel Intermittent and /or Unimportant Aquatic Function Perennial and /or Important Aquatic Function Temp. Perm. Temp. Perm. Tem Perm. Tem . Perm. If ac If I ac If ac If Ac 3 127 0.02 75 0.01 Total Total Permanent Impact to Waters of the U.S. (acres) 0.01 Kimley -Horn Contact: Chris Tinklenberg, WPIT Direct Number: (704) 409 -1802 Email: chris .tinklenberg@kimley-hom.com ■ ■ 2000 South Boulevard Ste 440 TEL 704 333 5131 Charlotte, North Carolina FAX 704 333 0845 28203 AGENT AUTHORIZATION FORM Name: Derek Slocum Address: 4100 Main Street, Suite 100 Phone: 704- 455 -0728 Project Name/Description: Storm Water Improvements at Carving Tree Lane and Leatherwood Date: December 19, 2012 The Department of the Army U.S. Army Corps of Engineers, Wilmington District Attention: Steve Kichefski Field Office: Asheville Re: Wetland Related Consulting and Permitting To Whom It May Concern: The Town of Harrisburg hereby designates and authorizes Kimley -Horn and Associates, Inc. to act in their behalf as their agent solely for the purpose of processing of Section 404 permits and Section 401 Water Quality Certifications applications and to furnish upon request supplemental information in support of applications, etc. for the Storm Water Improvements Project at Carving Tree Lane and Leatherwood Lane from this day forward until successful completion of the permitting process or revocation by the Town of Harrisburg. Authorized this the 19 day of December 2012 Town of Harrisburg Authorized Representative (Print Name) CC: Karen Higgins NC DWQ, Wetlands, Buffers Stormwater Compliance and Permitting Unit 1650 Mail Service Center Raleigh, N.C. 27699 -1650 Town of Harrisburg Authorized Representative (Signature) of watFq � r O c 20121 15 1 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre - Construction Notification PCN Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ED Section 404 Permit ❑Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 3 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? []Yes ® No 2. Project Information 2a. Name of project: Storm Water Improvements at Carving Tree Lane and Leatherwood Lane 2b. County: Cabarrus 2c. Nearest municipality / town: Harrisburg 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: N/A (Town of Harrisburg Permanent Drainage and Temporary Construction Easements) 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Town of Harrisburg 4b. Name: Derek Slocum 4c. Business name (if applicable): Town of Harrisburg, NC 4d. Street address: 4100 Main Street, Suite 100 4e. City, state, zip: Harrisburg, NC 28075 4f. Telephone no.: 704 -455 -0728 4g. Fax no.: 4h. Email address: dslocum @harrisburgnc.org 5. Agent/Consultant Information (if applicable) 5a. Name: Will Wilhelm P.E. 5b. Business name (if applicable): Kimley -Horn and Associates 5c. Street address: 2000 South Boulevard, Suite 440 5d. City, state, zip: Charlotte, NC 28203 Be. Telephone no.: 704 -333 -5131 5f. Fax no.: 704333 -0845 5g. Email address: Will.Wilhelm@kimley-horn.com Page 2 of 11 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): N/A (Town of Harrisburg Permanent Drainage and Temporary Construction Easements) 1b. Site coordinates (in decimal degrees): Latitude: 35.33113 Longitude: - 80.66848 (DD.DDDDDD) (- DD.DDDDDD) 1c. Property size: 1.0 acres (Permanent Drainage and Temporary Construction Easements) 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Unnamed Tributary to Mallard Creek proposed project: 2b. Water Quality Classification of nearest receiving water: Mallard Creek - C 2c. River basin: Yadkin; NCDWQ Subbasin 03- 07 -11; HUC 03040105 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The project areas are located near the intersections of Leatherwood Lane and Boulder Creek Lane and Carving Tree Lane and Boulder Creek Lane in the town of Harrisburg, Cabarrus County, North Carolina. The project areas are primarily forested and located within the existing road right -of -ways. Existing land use in the vicinity of the project consists of predominantly residential developments and undeveloped forested land. Roughly 25 % of the watershed is occupied by impervious streets, open land/agricultural land, and open waters. 3b. List the total estimated acreage of all existing wetlands on the property: NA 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: —246 If 3d. Explain the purpose of the proposed project: The purpose of the project is to replace/upgrade two undersized piped stream crossings that are in poor physical condition. 3e. Describe the overall project in detail, including the type of equipment to be used: The proposed project seeks to upgrade an existing 72 -inch Corrugated Metal Pipe (CMP) at Carving Tree Lane to a 7'x 6'reinforced concrete box culvert (RCBC) adjacent to a 7'x 4' RCBC. Triple 36 -inch CMPs will be upgraded to a 7'x 7' RCBC adjacent to a 7'x 5' RCBC at the Leatherwood Lane crossing. Both crossings are designed based on geomorphic measurements and with a primary box to match bankfull width with a second box set at bankfull elevation for high flows. Rip -rap dissipation will be replaced at pipe outlets to the minimum extent necessary to reduce discharge velocity and meet non - erosive design criteria. The project will result in permanent impacts to 75 linear feet of a perennial RPW and requires 127 linear feet of temporary impacts to install impervious dikes, a pump -around to allow work "in the dry", and temporary shoulder berms for maintaining neighborhood access/traffic control. Equipment will consist of excavators, wheeled backhoes, asphalt pavers, and milling machines. 4. Jurisdictional Detenninations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ❑ Yes ® No ❑ Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ❑ Preliminary ❑ Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version S. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ® No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. C. Proposed Impacts Inventory Summary 1a. Which sections were completed below for your project (check all that apply): r :3 Wetlands ® Streams - tributaries El Buffers ❑ Open Waters ❑ Pond Construction Page 4 of 11 PCN Form — Version 1.3 December 10, 2008 Version 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non -404, other) (acres) Tem ora W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P [IT ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P'❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes [I Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 - Impact 1 (Carving Tree Dr.) Installation of new and additional UT to Mallard ® PER ® Corps 8 28 ®P ❑ T Rip -Rap Creek ❑INT ®DWQ S1 - Impact 2 (Carving Tree Dr) . Installation of Impervious Dike & UT to Mallard ® PER ® Corps 8 45 ❑ P ®T Temp. Shoulder Creek ❑ INT ® DWQ Berm S1 - Impact 3 (Carving Tree Dr.) Installation of Impervious Dike & UT to Mallard ® PER ® Corps 8 7 ❑ P ®T Temp. Shoulder Creek ❑ INT ® DWQ Berm S1 - Impact 4 (Leatherwood Ln.) Installation of new and additional UT to Mallard PER Corps 8 47 ®P ❑ T Rip -Rap Creek ❑ INT ® DWQ S1 - Impact 5 (Leatherwood Ln.) Installation of Impervious Dike & UT to Mallard ® PER ® Corps 8 69 F-1 PO T Temp. Shoulder Creek [I INT ® DWQ Berm S1 - Impact 6 (Leatherwood Ln. ) Installation of Impervious Dike & UT to Mallard ® PER ® Corps 8 6 El ® T Temp. Shoulder Creek El INT ® DWQ Berm 3h. Total stream and tributary impacts 202 3i. Comments: Page 5 of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary 01 ❑P ❑T 02 ❑P ❑T 03 ❑P [IT 04 ❑P ❑T 4E Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5E Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse ❑ Tar - Pamlico ❑ Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary impact required? B1 ❑P ❑T ❑Yes ❑ No B2 ❑P ❑T El Yes ❑ No B3 ❑P ❑T ❑Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 6 of 11 PCN Form — Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Rip -rap aprons at the culvert outlets are sized to minimize impact to the existing stream and riparian vegetation. The aprons conform to the existing channel geometry. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. In the current design, the proposed culvert lengths match the existing culvert lengths. Because the impacted streets have no outlet (dead end), temporary road closures and detours are not an option to maintain neighborhood access for residents. Temporary shoulder berms are required due to the existing depth of the culverts and minimal road shoulder width. While these do create a temporary impact, the only other feasible alternative would be to make the proposed culverts longer than the existing culverts to create a shoulder wide enough adjacent to the existing road to allow traffic control phasing within (above) the limits of the culvert. Therefore, the proposed design minimizes the permanent impacts to the maximum extent possible. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes ® No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non - riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Pennittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 8 of 11 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0 % (No impervious added) 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Linear public transportation projects will be required to treat stormwater runoff to the Maximum Extent Practicable in accordance with the practices described in the NCDOT Best Management Practices (BMP) Manual. (No new development) 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ❑ Phase II 3b. Which of the following locally - implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state - implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006 -246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No S. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federaVstate/local) funds or the ® Yes ❑ No use of public (federallstate) land? 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ® No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (if so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) r 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Weiland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ® Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? North Carolina Natural Heritage Program Database; Pedestrian surveys performed by KHA staff biologists 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? North Carolina Natural Heritage Program Database 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Correspondence with State Historic Preservation Office (SHPO) 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA - designated 100 -year floodplain? ® Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: An individual floodplain development permit will be submitted to Cabarrus County for review and approval prior to construction activities. 8c. What source(s) did you use to make the floodplain determination? FIRM Panel 5507 (Effective November 5, 2008). Chris Tinklenberg, WPIT � 12/19/2012 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only rf an authorization letter from the applicant is provided.) Page 11 of 11 PCN Form — Version 1.3 December 10, 2008 Version A 1 ELL R 1, 3 16 73 Figure 1 29 21 i BARR 01 �\ V 51 18 0 5 10 N i L J Miles 74 O �0- 611� aa�a d Riverview Dr a Leatherwood Ln 'Glee 0� Ga�1r9 5�de \age fir, /crest' Dr �✓ P /aza -Dr- v Valhalla Dr - Hudson Dr Morris Dr--- -- 49 NC- 49lHWY -S i� - -- Oakley -Dr Pkwy o� U,niversity_Rity_Blyd e o- Figure 1: Project Vicinity Legend: QTown of 0 750 1,500 Project Areas arrisbur I Feet I N _ North (- a a�ahn El ,r • 1 41k* �lU r. 0 IN ,P - - Al I S I- Figure 2: USGS 7.5' Topographic Map - Harrisburg Quadrangle Legend: ��Town of 0 250 500 Project Areas 2 -6(/a rrisburpQ I ' 1 (Yvl VorthCarolina" Feet �I� NxYeK i„ arl A'su_t.., glee pc o PoD I Poindexter loam. 8-15% slopes NEW STREAM QUALITY ASSESSMENT WORKSHEET Provide the following information for the stream reach under assessment: 1. Applicant's name: Town of Harrisburg 2. Evaluator's name: ChrisTinklenberg, WPIT 3. Date of evaluation: 12/18/2012 4. Time of evaluation: 3:30 am 5. Name of stream: UT to Mallard Creek 6. River basin: Yadkin 7. Approximate drainage area: 240 acres 9. Length of reach evaluated: 75 ft. & Stream order: 10. County: Cabarrus 11. Site coordinates (if known): prefer in decimal degrees. 12. Subdivision name (if any): Latitude (ex 34 872312): 35.329772 Longitude (ex -77 556611) - 80.668429 Method location determined (circle): GPS Topo Sheet Ortho (Aerial) Photo /GIS Other GISCED Survey /GIS 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location): The reach under evaluation is located south of Carving Tree Lane approximately 250 ft. west of the intersection of Carving Tree Lane and Boulder Creek Lane. 14. Proposed channel work (if any): Replace/upgrade existing piped crossings and installation of new and additional rip -rap. 15. Recent weather conditions: Overcast. rainy and 50's 16. Site conditions at time of visit: 60 dearees and partly sunny 17. Identify any special waterway classifications known: Section 10 Tidal Waters Essential Fisheries Habitat Trout Waters Outstanding Resource Waters Nutrient Sensitive Waters Water Supply Watershed (I -IV) 18. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES NO 20. Does channel appear on USDA Soil Survey? YES NO 21. Estimated watershed land use: 85 % Residential % Commercial % Industrial % Agricultural 15 % Forested % Cleared / Logged % Other ( ) 22. Bankf ill width: 8ft. 23. Bank height (from bed to top of bank): 4 -5ft. 24. Channel slope down center of stream: Flat (0 to 2%) X Gentle (2 to 4 %) Moderate (4 to 10 %) Steep (>I 00/0 25. Channel sinuosity: _Straight X Occasional bends Frequent meander Very sinuous Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 64 Comments: Evaluator's Signature Date 12/19/2012 This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919 - 876 -8441 x 26. Stream Quality Assessment Worksheet • These characteristics are not assessed in coastal streams. # Eco-re 'on Point Range an e Score Coastal Piedmont Mountain I Presence of flow / persistent pools in stream 0-5 0 - 4 0-5 4 no flow or saturation = 0, strong flow = max ants 2 Evidence of past human alteration 0-6 0-5 0-5 3 extensive alteration = 0 no alteration = max points) 3 Riparian zone 0-6 0-4 0-5 2 no buffer = 0 contiguous, wide buffer = max points) 4 Evidence of nutrient or chemical discharges 0-5 0-4 0-4 2 extensive discharges = 0 no discharges = max points) rl 5 Groundwater discharge 0-3 0-4 0-4 3 no discharge = 0, springs, s s, wetlands, etc = max points) U 6 Presence of adjacent noodplain 0-4 0 - 4 0-2 3 no flood lam = 0 extensive flood lam = max points) 'y 7 Entrenchment / floodplain access 0-5 0-4 0-2 3 06 (deeply entrenched = 0 frequent flooding = max rots 8 Presence of adjacent wetlands 0-6 0-4 0-2 0 no wetlands = 0 large adjacent wetlands = max points) 9 Channel sinuosity 0-5 0-4 0-3 3 extensive channelizahon = 0, natural meander = max rots 10 Sediment input 0-5 0-4 0-4 3 extensive deposition-- 0 little or no sediment = max points) 11 Size & diversity of channel bed substrate NA' 0-4 0 - 5 3 fine homogenous = 0 large, diverse sizes = max rots 12 Evidence of channel incision or widening 0 -5 0 -4 0 -5 3 (deeply incised = 0 stable bed &banks =max points) 13 Presence of major bank failures 0-5 0 - 5 0-5 3 ►a r, severe erosion = 0 no erosioA stable banks = max points) 14 Root depth and density on banks 0-3 0 - 4 0-5 3 no visible roots = 0 dense roots throughout = max rots W 15 Impact by agriculture, livestock, or timber production 0-5 0 - 4 0-5 4 substantial im ct =0 no evidence = max rots 16 Presence of riffle- pool/ripple -pool complexes 0-3 0-5 0-6 4 F no riffles/ripples or pools = 0 well-developed = max points) d �"• 17 Habitat complexity little or no habitat= 0, frequent, varied habitats = max points) 0-6 0-6 0-6 4 18 Canopy coverage over streambed 0-5 0-5 0-5 4 no shading vegetation = 0 continuous canopy = max points) 19 Substrate embeddedness NA* 0-4 0-4 3 (deeply embedded = 0 loose structure = max 20 Presence of stream invertebrates (see page 4) 0-4 0 - 5 0-5 2 > no evidence = 0 common numerous types = max points) 21 Presence of amphibians 0-4 0-4 0-4 2 no evidence = 0, common, numerous types = max points) Q 22 Presence offish 0 -4 0 -4 0 -4 0 � no evidence = 0 common numerous types =max points) 23 Evidence of wildlife use 0-6 0-5 0-5 3 no evidence = 0 abundant evidence = max rots Total Points Possible 100 100 100 100 TOTAL SCORE (also enter on first page) 64 • These characteristics are not assessed in coastal streams. North Carolina Division of Water Quality - Stream Identification Form, Version 4.11 Date: 12/18/2012 ams urg mprovem s Project/Site: stream t (UT to Mallard Creek) Latitude: 35.329772 Evaluator: Chris Tmklenberg, WPIT County: Cabarrus Longitude: - 80.668429 Total Points: 45.5 Stream Determination uwwAw4jother 1 Stream is at least intermittent Ephemeral Intermitte Perennial g Quad Name Harrisburg if 2 19 or perennial if 2 30 0 1 A. Geomorphology Subtotal = 26 Absent Weak Moderate Strong Score 1'. Continuity of channel bed and bank 0 1 2 3 3 2. Sinuosity of channel along thahNeg 0 1 2 3 2 3. In- channel structure: ex. riffle -pool, step -pool, ripple- ool se uenoe 0 1 2 3 3 4. Particle size of stream substrate 0 1 2 3 2 5. Active/relic flood lain 0 1 2 3 3 6. Depositional bars or benches 0 1 2 3 3 7. Recent alluvial deposits 0 1 2 3 3 8. Headcuts 0 1 2 3 0 9. Grade control 0 0.5 1 1.5 1 10. Natural valley 0 0.5 1 1.5 3 11. Second or greater order channel No = 0 Yes = 3 3 - artificial ditches are not rated, see discussions in manual B. Hvdroloav Subtotal = 11.5 12. Presence of Baseflow 0 1 2 3 3 13. Iron oxidizing bacteria 0 1 2 3 2 14. Leaf litter 1.5 1 0.5 0 1 15. Sediment on plants or debris 0 0.5 1 1.5 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 1 17. Soil -based evidence of high water table? No = 0 Yes = 3 3 C. Bioloav Subtotal = 18. Fibrous roots in streambed 3 2 1 0 3 19. Rooted upland plants in streambed 3 2 1 0 3 20. Macrobenthos note diversity and abundance 0 1 2 3 1 21. Aquatic Mollusks 0 1 2 3 0 22. Fish 0 0.5 1 1.5 0 23. Crayfish 0 0.5 1 1.5 0.6 24. Amphibians 0 0.5 1 1.5 0.5 25. Algae 0 0.5 1 1.5 0 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5; Other = 0 0 'perennial streams may also be identified using other methods See p 35 of manual Notes: APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION 1: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: North Carolina County/parish/borough: Cabamts City: Harrisburg Center coordinates of site (lat/long in degree decimal format): Lat. 35.33113° 0, Long. 80.668480 ®. Universal Transverse Mercator: 1983 Name of nearest waterbody: UT to Mallard Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Yadkin/Pee Dee River Name of watershed or Hydrologic Unit Code (HUC): 03040105 Check if map✓diagram of review area and/or potential jurisdictional areas is /are available upon request. Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ®Office (Desk) Determination Date: Field Determination. Date(s): SECTION H: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There re n "navigable waters ofthe U.S" within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] ®Waters subject to the ebb and flow of the tide. Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There ®r "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): r TNWs, including territorial seas Wetlands adjacent to TNWs Relatively permanent watersZ (RPWs) that flow directly or indirectly into TNWs Non -RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs Impoundments of jurisdictional waters Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non - wetland waters: 246 linear feet: 8 width (fl) and/or 0.045 acres. Wetlands: acres. c. Limits (boundaries) of jurisdiction based on: 11987 Delineation Manus Elevation of established OHWM (if known): Non - regulated waters /wetlands (check if applicable):' ❑ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: Boxes checked below shall be supported by completing the appropriate sections in Section III below ' For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year -round or has continuous flow at least "seasonally" (e g, typically 3 months) 3 Supporting documentation is presented in Section III F SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWL If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections IILA.1 and 2 and Section III.D.1.; otherwise, see Section HIM below. 1. TNW Identify TNW: n /a. Summarize rationale supporting determination: Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent ": n/a. B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non - navigable tributaries of TNWs where 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 III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offske. The determination whether a significant nexus exists is determined in Section III.0 below. 1. Characteristics of non -TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: cr Drainage area: acre Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ❑ Tributary flows through lek Lis tributaries before entering TNW. Project waters are ick Lis river miles from TNW. Project waters are Ul river miles from RPW. Project waters are �'Ick Lis aerial (straight) miles from TNW. Project waters are Iek Lis aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNW5: Tributary stream order, if known: 4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West 5 Flow route can be described by identifying, e g, tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW (b) General Tributary Characteristics (check all that Up-1y): Tributary is: ❑ Natural ❑ Artificial (man- made). Explain: ❑ Manipulated (man- altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: ick Lie . Primary tributary substrate composition (check all that apply): ❑ Silts 0 Sands ❑ Concrete ❑ Cobbles ❑ Gravel ❑ Muck ❑ Bedrock ❑ Vegetation. Type /% cover: ❑ Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Highly eroding; Incised in most areas. Presence of mn/riffle /pool complexes. Explain: Tributary geometry: Pic k Lis Tributary gradient (approximate average slope): % (c) Flow: Tributary provides for: ick Lis Estimate average number of flow events in review area/year: ick Lis Describe flow regime: Other information on duration and volume: Surface flow is: ick Lis . Characteristics: Subsurface flow: ick Lis . Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ❑ Bed and banks ❑ OHWlvib (check all indicators that apply): ❑ clear, natural line impressed on the bank ❑ ❑ changes in the character of soil ❑ ❑ shelving ❑ ❑ vegetation matted down, bent, or absent ❑ ❑ leaf litter disturbed or washed away ❑ ❑ sediment deposition ❑ ❑ water staining ❑ ❑ other (list): El Discontinuous OHWM.' Explain: If factors other than the OHWM were used to determ ❑ High Tide Line indicated by: ❑ ❑ oil or scum line along shore objects ❑ fine shell or debris deposits (foreshore) ❑ physical markings/characteristics ❑ tidal gauges ❑ other (list): the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community ine lateral extent of CWA jurisdiction (check all that apply): Mean High Water Mark indicated by: ❑ survey to available datum; ❑ physical markings; ❑ vegetation lines/changes in vegetation types. (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: 6A natural or man -made discontinuity in the OHWM does not necessarily sever jurisdiction (e g, where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices) Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g, flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break 'Ibid (iv) Biological Characteristics. Channel supports (check all that apply): ❑ Riparian corridor. Characteristics (type, average width): ft. ❑ Wetland fringe. Characteristics: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally - sensitive species. Explain findings: ❑ Aquatidwildlife 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: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explam: (b) General Flow Relationship with Non -TNW: Flow is: ick Lis . Explain: Surface flow is: ick Lis Characteristics: Subsurface flow. ick Lis . Explain findings: Wetland is located at the toe of slope. ❑ Dye (or other) test performed: (c) Wetland Adjacency Determination with Non -TNW: ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: ❑ Separated by berm/barrier. Explain: (d) Proximi (Relationship) to TNW Project wetlands are ick Lis river miles from TNW. Project waters are ick Lis aerial (straight) miles from TNW. Flow is from: ick Lis . Estimate approximate location of wetland as within the ick Lis floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer. Characteristics (type, average width): ❑ Vegetation type /percent cover. Explain: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally - sensitive species. Explain findings: ❑ Aquatictwildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any_ All wetland(s) being considered in the cumulative analysis: ick Lis Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (,Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: . C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • 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 to the 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 on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non -RPW and its adjacent wetlands, where the non -RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IRD: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: TNWs: linear feet width (ft), Or, acres. Wetlands adjacent to TNWs: acres. RPWs that flow directly or indirectly into TNWs. ® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: NC DWQ Stream ID form ranks >30. Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section 111. B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): ®Tributary waters: 246 linear feet 8 width (ft). Other non - wetland waters: acres. Identify type(s) of waters: UT to Mallard Creek is a P -RPW —246 LF flowing South to North. 3. Non -RPWss that flow directly or indirectly into TNWs. ® Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): ®Tributary waters: linear feet width (ft). Other non - wetland waters: acres. Identify type(s) of waters: Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ❑ Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: ❑ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area- .15 acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs. ❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters v As a general rule, the impoundment of a jurisdictional tributary retrains jurisdictional. Demonstrate that impoundment was created from "waters of the U.S.," or Demonstrate that water meets the criteria for one of the categories presented above (1-6), or Demonstrate that water is isolated with a nexus to commerce (see E below). 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 (CHECK ALL THAT APPLV):lo which are or could be used by interstate or foreign travelers for recreational or other purposes. from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. which are or could be used for industrial purposes by industries in interstate commerce. Interstate isolated waters. Explain: Other factors. Explain: Identify water body and summarize rationale supporting determination: gSee Footnote # 3 ' To complete the analysis refer to the key In Section III D 6 of the Instructional Guidebook 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. Provide estimates for jurisdictional waters in the review area (check all that apply): ®Tributary waters: linear feet width (ft). Other non - wetland waters: acres. Identify type(s) of waters: ❑ Wetlands: acres. F. NON - JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. ❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based os lely on the "Migratory Bird Rule" (MBR). ®Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: Other: (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional udgment (check all that apply): Non - wetland waters (i.e., rivers, streams): linear feet width (ft). Lakes/ponds: acres. Other non - wetland waters: acres. List type of aquatic resource: Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): Non - wetland waters (i.e., rivers, streams): linear feet, width (ft). Lakes/ponds: acres. Other non - wetland waters: acres. List type of aquatic resource: Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Kimley -Horn and Assoc., Inc. Data sheets prepared/submitted by or on behalf of the applicant/consultant. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Data sheets prepared by the Corps: Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000 Harrisburg Quad (1993). USDA Natural Resources Conservation Service Soil Survey. Citation: Caban-us County SSURGO Soils. National wetlands inventory map(s). Cite name: State/Local wetland inventory map(s): FEMA/FIRM maps: 100 -year Flooi lain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: Aerial (Name & Date): 2010 NC Othoimagery. or ® Other (Name & Date): Site Photographs; September 16, 2012. Previous determination(s). File no. and date of response letter: Applicable /supporting case law: Applicable /supporting scientific literature: Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: . Photo Nee 1 1 ' { 4. S1 — UT to Mallard Creek looking upstream from south side of Carving Tree Lane. ',j, p Z $ ,44 f S1 — UT to Mallard Creek looking downstream at Carving Tree Lane. Title Photo Pages Prepared For Storm Water Improvements at Carving Tree Lane and Leatherwood Lane Prepared By Project of Cabarrus County, North Carolina �� rattn EW1 - uJG�CCIShUr Date Project Number Kimley -Hom North Calohna and Assodates, IoC. 12/19/12 018536008 rnoro rage L S1 — UT to Mallard Creek looking upstre; .r?' �i � ` I� •fit. m from south side of Leatherwood Lane. to t i $ S 1 — UT to Mallard Creek looking downstream at Leatherwood Lane. Title Photo Pages Prepared For Project Storm Water Improvements at Carving Tree Lane and Leatherwood Lane Prepared By .!/' Town of Cabarrus County, North Carolina CO F1 � ( Date Project Number Kimley -Hom North Candina 12/19/12 018536008 and Assocyates, Inc.