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HomeMy WebLinkAbout20071207 Ver 1_Application_20070712i :'` Wetland and Natural Resource s±,-,~~;:_:,~•,. i' / ~ . wI~'' P•~ i Consultants, Inc. .:-;~.:,.,, - US Army Corps of Engineers Attn: Mr. Steve Chapin 151 Patton Ave, Room 208 Asheville, North Carolina 28801-5006 P A- I - ~. July 10, 2007 Re: Wood Partners Wesley Village- NW Permit 39 Request Mecklenburg County, North Carolina Dear Mr. Chapin: JUL 1 2 2007 o~Nr~ • wAT~a nua.ITY MIEiLANDS AND STOf~IINATER BRANCH The purpose of this correspondence is to request that a Nationwide Permit 39 be issued for the above referenced project. 245 linear feet of stream impact is proposed for the commercial development of the site. In order for the project to be economically feasible and practical, the site plan calls for the proposed impacts listed. The City of Charlotte is also requiring two roads, impacting the stream, to be placed on the property. The proponent will implement the required local stormwater controls which meet or exceed DWQ's requirement of 85% TSS removal per GC 3631 and 3402. The attached memo from the Project Engineer summarizes the proposed stormwater controls. It states, "Wesley Village will adhere to the requirements on the rezoning document indicating 85% TSS removal from the first. 1-inch of rainfall. BMP's must be designed to NCDENR BMP Manual requirements. Additionally, the entire volume for the 1-year 24 hour storm will meet volume requirements with a drawdown time between _24-120 hours. The review and approval process will be handled by City of Charlotte Land Development Services in con junction with City of Charlotte Storm Water Services. BMP's considered for this site will include rain gardens, stormwater wetlands, and/or sand filters that will be designed according to the NCDENR BMP Manual." Mitigation is proposed through purchase into the NC EEP. An acceptance letter for 300 linear feet of impact is attached for your review. Even though we have received nn acceptance letter for 300 linear feet, only 245 linear feet will be required. Newton Once ~ ~ Canton Once PO Box 224 wnrinc.com 68 Poplar Street Newton, NC 28658 Canton, NC 28716 828x465-3035 828-648-8801 828-465-3050 Fax I 828-648-8802 Fax Also attached are ngent authorization, site plcin, JD form, upland data form, topographic and soils maps, site vicinity map, a sketch map, and survey maps. Please issue the NW 39 and sign the survey maps at your earliest convenience. Feel free to call with any questions that you mny have. Best regards, . ~s~~ Justin Karriker (704) 840-6514 Cc: NCD WQ Attn: Ms. Cyndi Karoly 2321 Crabtree Blvd., Suite 250 Raleigh, NC 27604-2260 NCD WQ Attn: Mr. Alan Johnson 610 East Center Avenue, Suite 301 Mooresvi I (e, NC 28115 Newton Office PO Box 224 wnrinc.com Newton, NC 28658 828-465-3035 828-465-3050 Fax 2 Clyde Office 217 Paragon Parkway, #142 Clyde, NC 28721 828-627-0051 828-627-0052 Fax Needed Information for Jusidictional & Permit Requests: Name, Mailing Address, Phone Number of Owner/Applicant Name: Daniel Cimaglia company: Wood Partners Address: 1001 Morehead Square Dr. #250 Charlotte, NC 28203 Phone: (704) 332-8995 Street Address of Project 1744 Freedom Drive Waterway UT to Stewart Creek, Stewart Creek Basin Catawba City Charlotte County Mecklenburg Decimal Degree Coordinate Location of Project Site 35.2326 80.8668 USGS Quadrangle Name Charlotte East ~~~ Wetland and Natural Resource :~;~ :-': Consultants Inc. =~%:''~''%:•' •..;., Department of the Army Wilmington District, Corps of Engineers Attn: Ken Jolly, Chief Regulatory Division PO Box 1890 Wilmington, North Carolina, 28402-1890 -and- NC Division of Water Quality, Wetlands Unit Attn: Cyndi Karoly 2321 Crabtree Blvd. Raleigh, North Carolina, 27604-2260 I, the current landowner of the property identified below, hereby authorize Wetland and Natural Resource Consultants, Inc. to act on my behalf as my agent during the determination of regulated limits of waters and wetlands and processing of permits to impact Wetlands and Waters of the US that are regulated by the Clean Water Act and the Rivers and Harbors Act. Federal and State agents are authorized to be an said property when accompanied by Wetland and Natural Resource Consultants, Inc. staff. Wetland and Natural Resource Consultants, Inc. is authorized to provide supplemental information needed for permit processing at the request of the Corps or DWQ. Property Owner /Applicant: _ CP~~ ~-, S I ~ -: t~ Contact Name: `~~cN C(t~( C:+E1rf ~'(~"~1.> Street Address / PO Box: ~4`0-_~ _N(4(Z~sl-4~c0 ~Q ~A~Ztr ~Z , 5U("(1; Zc74 City, Sfate, Zip Code: Gl-~c>~(..o'~'f (~ ~ N EGQG . 2 gj '~Q'~j Phone /Fax Number: ~ ~ ~ '~ 3~Z ~ ~~Ac Project Name: ~SL.~ ~ l~-L~Gt~ Property Street Address: 2~tOO ~ Q Z~ t~~~ ~(?, G:}~~,lf('(~~ N •G • 2gj2PD , street ad r ss, ci y, Stat~ zip) , Owners /Applicant Si nature: /V 9 Date: y~y~ ZDa~- Newton office Clyde Office PO Box 224 wnrinc.com PO Box 882 Newton, NC 28658 Canton, NC 28716 828-465-3035 828-648-8801 828-465-3050 Fax 1 828-648-8802 Fax ~ , Office Use Only: Form Version March OS 07-12a~` USACE Action ID No. DWQ No. ~~~ any parncwar item ~s not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing ~~~ ]P° ~ I ~, __ Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested:39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ^ II. Applicant Information p ~ (~ ~ ~~~ 1. Owner/Applicant Information JUL 1 2~ 2007 Name: see attached agent authorization Mailing Address: DENR - WATER ~uE1LITY WETLMA3 AND STORlJYMATER BRANCH Telephone Number: Fax Number: E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Justin Karriker Company Affiliation: Wetland and Natural Resource Consultants Mailing Address: PO Box 224 11 South College Avenue Newton, NC 28658 Telephone Number: (704 840-6514 Fax Number: 828-465-3050 E-mail Address: wnrinc(a~aol.com III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property Page 1 of 8 boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that . the project has been placed on hold until decipherable maps are provided. 1. Name of project: Wesley VillaPe 2. T.LP. Project Number or State Project Number (NCDOT Only): n/a 3. Property Identification Number (Tax PIN): 07104110, 07104111 4. Location County: Mecklenburg Nearest Town: Charlotte Subdivision name (include phase/lot number):n/a Directions to site (include road numbers/names, landmarks, etc.):From I77, West on West Morehead, then right onto Thrift Road, site is on the right after you cross Stewart Creek 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.2314°N 80.8707°W 6. Property size (acres): 21+/- 7. Name of nearest receiving body of water: Stewart Creek 8. River Basin: Catawba (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Existing conditions on the site include partially wooded areas (approx 3-Sac.). An old buildingpad also is included in the site as well as an existing commercial use buildinglwarehouse still in use. Describe the overall project in detail, including the type of equipment to be used: The project will involve piping the channel on site to utilize the space for building. Typical ~radin~ equipment is to be used. Page 2 of 8 ,t Explain the purpose of the proposed work: The purpose of this work is to create a suitable commercial site to fit the needs of the developer. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. n/a V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. n/a VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Provide a written description of the proposed impacts: Proposed impacts include piping the entire length of channel where on property 1. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, set~arately list impacts due to both structure and floodin~_ Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, .100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) (yes/no) (linear feet) n/a n/a n/a n/a n/a n/a Page 3 of 8 Total Wetland Impact (acres) n/a 2. List the total acreage (estimated) of all existing wetlands on the property: n/a 3. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acrea e, multi 1 len h X width, then divide b 43,560. Stream Impact Number (indicate on ma Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Im act Impact Length (linear feet) Area of Impact (acres) Stream Impact UT to Stewart Crk Pipe Perennial 4 245 0.022 Total Stream Impact (by length and acreage) 245 0.022 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number (indicate on ma Name of Waterbody (if applicable) Type of Impact Type of Waterbody (Iake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) n/a n/a n/a n/a n/a Total Open Water Impact (acres) n/a 5. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.022 Wetland Im act (acres): n/a Open Water Impact (acres): ~a Page 4 of 8 Total Impact to Waters of the U.S. (acres) 0.022 Total Stream Impact (linear feet): 245 6. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. n/a 7. Pond Creation , If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): n/a- Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): n/a Current land use in the vicinity of the pond: n/a Size of watershed draining to pond: n/a Expected pond surface area: n/a VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. -The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts.In order for the project to be economically feasible and practical. the site elan calls for the proposed impacts listed. The city of Charlotte is also requiring two roads, impacting the stream, to be placed on the property. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, Page 5 of 8 but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o. enr.state.nc. us/ncwetlands/strmgide.html. . 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), -and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Purchase into the NC EEP is proposed for Miti ation. . 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.iis/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 245 Amount of buffer mitigation requested (square feet): n/a Amount of Riparian wetland mitigation requested (acres): n/a Amount ofNon-riparian wetland mitigation requested (acres): n/a Amount of Coastal wetland mitigation requested (acres): n/a IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federaUstate) land? Yes ^ No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ^ Page 6 of 8 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify n/a)? ~ Yes ^ No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact Multiplier Required (square feet) Mitigation 1 n/a 3 (2 for Catawba) n/a 2 1.5 Total * Zone l extends out 30 feet perpendicular trom the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone I . If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. n/a XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Wesley Village will adhere to the requirements on the rezoning document indicating 85% TSS removal from the first 1-inch of rainfall. BMP.s must be designed to NCDENR BMP Manual requirements. Additionally, the entire volume for the 1-year 24 hour storm will meet volume requirements with a drawdown time between 24-120 hours. The review and approval process will be handled by City of Charlotte Land Development Services in conjunction with City of Charlotte Storm Water Services. BMP.s Page 7 of 8 considered for this site will include rain hardens, stormwater wetlands, and/or sand filters that will be designed according to the NCDENR BMP Manual (per attached Engineer memo XII. Sewage Disposal (required by DWQ) 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. Sanitary Sewer will be tied in. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The immediate upstream and downstream portions of this stream are alreadypiped. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). N/A ~,, _ /' ~ ~pplicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 I ~ ~ / I ~~ I'~ 'l ~I / i~' ~k ,, ~ i%~ w ~ :R - -_ I ; /•- \ I ~ , / O ... ~ 11 I `~ ~~~ t e ~; I / n ~ ~ ~ ~, -'~ wo ,~ .. ~ ,~ - -~ _ -- -; ; ~ _ - ,~ ~ - ~~ 0 =- _ ~i w,~ ~~ _ ~- .. a 1 - ~, - .. ti„ - I ~ -~- ~- ~ _ - ~~ ,~ - ~ ..o - ~• - - _ ;~ ~ ~ 0 ~ I ~ ~ _ a ~~ o, _ - ~ ~ j 5 ~~~_ .~ __ ~,, ,, ~,~~~ - ,~ ,, ., ~~ . _ ., ~~ ., ~, , ~~. 9 _ -- -- NOTE: THIS IS A PRELIMINARY ROUGH GRADING PLAN. SPOT AND - ~. I ^ ^ %~ RIM ELEVATIONS ARE SUBJECT TO CODE REVIEWS AND ~ ~ I~1 Y~I `~ REVISIONS. \~ , ?~~o 3~dmw~ - LaIldDes~.gn „urban design planning evil engineering landscaee architecture MEMO DATE: June 14, 2007 PROJECT NAME: Wesley Village TO: Pamela Bowman FROM: Nate Doolittle, PE RE: Stormwater Management Plan Pamela - PROJECT #: 1006276 Wesley Village will adhere to the requirements on the rezoning document indicating 85% TSS removal from the first 1-inch of rainfall. BMP's must be designed to NCDENR BMP Manual requirements. Additionally, the entire volume for the 1-year 24 hour storm will meet volume requirements with a drawdown time between 24-120 hours. The review and approval process will be handled by City of Charlotte Land Development Services in conjunction with City of Charlotte Storm Water Services. BMP's considered for this site will include rain gardens, stormwater wetlands, and/or sand filters that will be designed according to the NCDENR BMP Manual. Thank you, Nate Doolittle, PE Principal PO Box 36959 Charlotte, NC 28236-6959 223 Norch Graham Street Charlotte, NC 28202 V: 704.333.0325 F: 704.376.8235 FILE PP.Tr1: ~:AGocumPni9 and Seihngslndoc6ttle?i_ecel Settings\T?mporary Internet Files~OLK3C'.W aMr Quality Memo - Wesley. Village.doc Channel coming out of culvert, Oriain unknown k; ,~ ,/,., ~,-s ~, r. r~ ,~ l~S t;'` ~'QQOO 0 0 /~~0 ~~0 ~~,~~0~ (O~'~ Oyu ' C 0 ~O~f~o ~e O D c 0 ~LS`STp Uutilil% U UIIU U\/~ CS O ~o O aka D ~ og~~g o ago ~o o p ~~o~~ ~t~,~ o ; post (~, ~~ lwnlet~ind Del6ru~tl6oru ~c 1) This illustration depicts the appro>amabe limits of jurisdictional Waters of the U.S. (wetlands, open waters, and streams) delineated (flagged) using the 9987 Cops of Engineers VVetiands Delineation Manual. Endings subject th future ctoange and revision. 2)Jurisdictional Wetland areas exhibit positive indicators of all three required parameters (vegetation, soils, and hydrology). Potential Wetland areas exhibit positive indicators of two required parameters and maybe captured as jurisdictional during field verification depending on numerous factors inducting weather patterns and or other natural events. 3) Stream dassificatior>s are based on Identilfcstion A~fetirods for ti>a Origins of Infennittent and Perennial beams V.3.9 . (NC Division of Water Qualify). Origin pants are subject to d~ange based on environmental faders. Ephemeral drainages are typically not regulated but maybe captured as jurisdictional. 4)/~II findings are approximate until a Jurisdictional Determination is obtained from the US Pinny Corps of Engineers in accontance with wlmingbon District policy of July 2005. 5) Jurisdictional Wetland and Stream locations are not final until platted by a licensed land surveyor in accordance with Wilmington District paicy of Juy 2005. 6)NI dimensions, position locatlons, and boundaries, inducting CPS wetland and str+~m positlons, are appro>mate and are not sui~ble for recordation. ~ In most uses permits are required tD impact or disturb Waters of the US. Project proponent is liable for land disturbing activities on the sibs undertaken prior to a final Jurisdictional Determination or permit issuance. ~...~'...'i o Perennial Stream(s) WNR Version 08-15°2005 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section 1V of the JD Form Instructional Guidebook. SECTION I: 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: Mecklenburg City: Charlotte Center coordinates of site (lat/long in degree decimal format): Lat. 35.2326° N, Long. 80.8668° W. Universal Transverse Mercator: Name of nearest waterbody: Stewart Creek Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource tows: Catawba River Name of watershed or Hydrologic Unit Code (HUC): ^ 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 IL• SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Are_n_o "navigable waters of the U. S." within Rivers and Harbors Act (RHA) jurisdiction (as det7ned 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 fbr use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters oJthe U.S." within Clean Water Ac[ (CWA)jurisdiction (as detined by 33 CFR part 328) in the review area. [Required] I. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): TNWs, including territorial seas Wetlands adjacent to TNWs ® Relatively permanent waters' (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 ofjurisdictional 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: 300 linear feet: 5 width (ft) and/or 0.0344 acres. Wetlands: 0 acres. c. Limits (boundaries) of jurisdiction based on: 1987;Delineati,Qn Manual Elevation of established OHWM (if known): 2. 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. Z 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). 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 TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section II[.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under 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 waterbody' is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.6.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.C below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Piclcl.ist Drainage area: Pick List Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ^ Tributary flows directly into TNW. ^ Tributary flows through Pick List tributaries before entering TNW. Project waters are Pick`List river miles from TNW. Project waters are Pick List river miles from RPW. Project waters are Pick List aerial (straight) miles from TNW. Project waters are Piek;List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNWS: Tributary stream order, if known: ' Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the azid West. s 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 applvl: 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: Pick List. Primary tributary substrate composition (check all that apply): ^ Silts ^ Sands ^ Concrete ^ Cobbles ^ Gravel ^ Muck ^ Bedrock ^ Vegetation. Type/% cover: ^ Other. Explain: Tributary condition/stability [e.g.. highly eroding, sloughing banks]. Explain: Presence of run/riffle/pool complexes. Explain: Tributary geometry: Pick List Tributary gradient (approximate average slope): (c) Flow: Tributary provides for: Pick List Estimate average number of Flow events in review area/year: Pick List Describe flow regime: Other information on duration and volume: Surface flow is: Pick List. Characteristics: Subsurface flow: Pick List. Explain findings: ^ Dye (or other) test performed: Tributary has (check all that apply): ^ Bed and banks ^ OHWM6 (check all indicators that apply): ^ clear, natural line impressed on the bank ^ ^ changes in the character of soil ^ ^ shelving ^ ^ vegetation matted down, bent, or absent ^ ^ leaf litter disturbed or washed away ^ ^ sediment deposition ^ ^ water staining ^ ^ other (list): ^ Discontinuous OHWM.' 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: ~A natural or man-made discontinuity in the OHWM does not necessarily severjurisdiction (e.g., where the stream temporarily tlows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ^ Riparian corridor. Characteristics (type, average width): ^ Wetland fringe. Characteristics: ^ Habitat for: ^ Federally Listed species. Explain findings: ^ Fish/spawn areas. Explain findings: ^ 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: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Pick List. Explain: Surface flow is: Pick List Characteristics: Subsurface flow: Pick List. Explain findings: ^ 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) Proximitv (Relationship) to TNW Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List tloodplain. (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: ^ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pick'L_ ist 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 acresl 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 Rapnnos 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 [he 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 [ILD' 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain tindings 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 tindings 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: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDSRRE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: Q TNWs: linear feet width (ft), Or, acres. 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: Flow was evident in the tributary during all of our site visits in the spring and early summer. The stream possessed good stream morphology and provided habitat for salamanders and crayfish. Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): ® Tributary waters: 300 linear feet5width (ft). ^ Other non-wetland waters: acres. Identify type(s) of waters: 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 IILC. Provide estimates for jurisdictional waters within the review area (check all that apply): ^ Tributary waters: linear feet width (ft). ^ Other nori-wetland waters: acres. (dentify type(s) of waters: 4. 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 [II.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: ^ Wetlands directly abutting an RPW where tributaries typically flow "seasonally.' Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 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 TN W arc jurisidictional. Data supporting this conclusion is provided at Section IILC. Provide acreage estimates forjurisdictional 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 TN W are jurisdictional. Data supporting this conclusion is provided at Section IILC. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of ajurisdictional tributary remains jurisdictional. ^ Demonstrate that impoundment was created from "waters of the U.S.," or Demonstrate that water meets the criteria for one of the categories presented above (1-6), or Demonstrate that water is isolated with a nexus to commerce (see E below). 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 APPLY):10 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: RSee Footnote # 3. To complete the analysis refer to the key in Section [I[.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. Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): ^ Tributary waters: linear feet width (ft). Other non-wetland waters: acres. Identify type(s) of waters: ^ Wetlands: acres. F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ^ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. ^ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ^ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). ^ Waters do not meet the "Significant Nexus" standard, where such a finding is required forjui•isdiction. 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 of endangered species, use of water for irrigated agriculture), using best professional judgment (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 forjurisdiction (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 applicandconsultant: ® 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: , ® USDA Natural Resources Conservation Service Soil Survey. Citation: ^ National wetlands inventory map(s). Cite name: State/Local wetland inventory map(s): Q FEMA/FIRM maps: 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: ^ Aerial (Name & Date): or ^ Other (Name & Date): ^ Previous determination(s). File no. and date of response letter: ApplicableJsupporting case law: Applicable/supporting scientific literature: ^ Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: Map of 1978 Thrift Rd Charlotte, NC by MapQuest F~j. O~ ,y.:~, ~: ,- ~ , ~. r'~ '~;~- ~` ~.;~, ~.`.. t(fh l <"n C r U T 3ohrlsor! C a Smrftr 3 tlrlrv~rs+ty y ~< ~ ti~~ a,, ~. '~.t~,. t '~~, ~ruc-Easek~AaP 4zd . ~ ~ ' - _ _ ~~~~~ 'Sri` ,'~ Ca ~, 'c ~yt ~~ ~ rlfYPd'f? ~~\~,ti~~tC~ n _ ~. . Sl1Li «I~.', ~ M Q y P.Bi~,~~2t.~F'ST ~~. 2~''~ ~g~c ~4 Eit?Ehel Rc1 x~ ~u f~~ ~~ ~ ~trrz ~xt st ''i a`" ~~~ ~ ~ d i ~ Baak UI htd W A rrler++ca ~ Wiikitrsntl8 _~ R'1 ' s:acrfurp ~` ~ ~.~ ~, l `~' ~1-. ~aoo m 3 punktrk Ot ~, ~~~ tzno ft ~+~GQ7hMapOuestlnc.'+, ~~i+~f ~~217~7NAVTEp Page 1 of 1 http://www.mapquestcom/maps/map. adp?searchtype=address&country=US &addtohi story... 4/26/2007 Soil Survey Wood Partners- Wesley Village Mecklenburg County, North Carolina ~U CeB2- Cecil sandy clay loam, 2 to 8 percent slopes, eroded MO- Monocnn loam MS- Monocan soils and Arents Ur- Urban land DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project I Site: Weslev Villaee Date: April 2, ?007 Applicant /Owner: Wood Partners County: Mecklenburg Investigator: Karriker State: North Carolina Do normal circumstances exist on the site? Yes ® No ^ Community ID: Is the site significantly disturbed (Atypical situation)? Yes ^ No ® Transect ID: Is the area a potential problem area? Yes ^ No ^ Plot ID: (explain on reverse if needed) VEGETATION Dominant Plant Species Indicator Stratum ~ Dominant Plant Species Indicator Stratum 1. Ligustrum sinense FAC shrub 9. 2. Linodendron tulipifera FAC tree 10. 3. Lonicera japonica FAC- vine 11. 4. ~ 12. 5. 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 80% Remarks: HYDROLOGY ^ Recorded Data (Describe In Remarks): Wetland Hydrology Indicators ^ Stream, Lake, or Tide Gauge ^ Aeriai Photographs Primary Indicators: ^ Other ^ Inundated ^ Saturated in Upper 12" ® No Recorded Data Available ^ Water Marks ^ Drift Lines Field Observations: ^ Sediment Deposits ^ Drainage Patterns in Wetlands Depth of Surface Water: n/a (in.) Secondary Indicators: ^ Oxidized Roots Channels in Upper 12" Depth to Free Water in Pit:n/a in.) ^Water-Stained Leaves ^ Local Soil Survey Data Depth to Saturated Soil: n/a (in.) ^ FAC-Neutral Test ^ Other (Explain in Remarks) Remarks: SOILS page 2 DF 1 Map Unit Name (Series and Phase): Monocan Drainage Class: Somewhat poorly drained Taxonomy (Subgroup): Confirm Mapped Type? Yes ^ No Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munseil Moist) (Munseil Moist) Abundance/Contrast Structure, etc. 00=7 A I OYR 3/3 / sandv clav loam 7-12 A2 7.SYR d/4 / sandv clav loam i Hydric Soii Indicators: ^ Histosol ^ Concretions ^ Histic Epipedon ^ High Organic Content in Surface Layer in Sandy Soils ^ Sulfidic Odor ^ Organic Streaking in Sandy Soils ^ Aquic Moisture Regime ^ Listed On Local Hydric Soils List ^ Reducing Conditions ^ Listed on National Hydric Soils List ^ Gieyed or Low-Chro;na Colors ^ Other (Explain in Remarks) Remarks: - WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes ^ No ^ Wetland Hydrology Present? Yes ^ No Hydric Soils Present? Yes ^ No Is the Sampling Point Within a Wetland? Yes ^ No Remarks: ,~~Stem .~:~~~]. ~~1 '~171~~~1~ rnaaw,M June 20, 2007 ~ 7- ~ 2~ 7 Dan Cimaglia Wood Partners 1001 Morehead Square Drive, Ste. 250 Charlotte, NC 28203 Project: Wesley Village County: Mecklenburg The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. This acceptance is valid for_six months from the date of this Letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certitication/CAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following table. Catawba 03050]03 Stream (feet) Wetlands (acres) Buffer I (Sq. Ft.) Buffer II (Sq. Ft.) Cold Cool Warm Ri avian Non-Ri avian Coastal Marsh Impacts 0 0 300 0 0 0 0 0 Credits 0 0 600 0 0 0 0 0 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998 and consistent with the Guidance for Expanded Service Area for Mitigating Impacts within the Lower Catawba River Basin adopted by the PACG- TC on September 12, 2006. If you have any questions or need additional information, please contact Kelly Williams at (919) 716-1921. Sincerely, William D. Gilmore, PE Director cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit Steve Chapin, USACE-Asheville Alan Johnson, NCDWQ-Mooresviile Pamela Bowman, agent Reston' ' .. ~ .. Pno Oun stag t~c;~~ North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net t ', • IN-LIEU FEE REQUEST FORM Pnnt this forrn fill u~ requested information. sign and date. and either mail to NCEEP 1652 Mail Service Center, Raleign, NC ' 2699-1652. or fax to 919-7'5-2219 Attachments are acceptable for clarrf~caUOn purposes (IocaUon map is regwred) 1. Business or Individual Namen ~ _. \/~ JG~~ rC~t ~~ (•; 2. Street Address or P O Box (=, C, ~~~ ZZy (L~ I (~U;~.~Cl~,t Squ~.~cz ~~ ~.{.~,ZSt,r 3. City, State, Zip ~;(?~v~ Gib. . (~.f ~ ~l~ ~~ C 1'ti,~r 1 i~ b~-~ , N ~ Z.`n Z.v ~ 4. Contact Person ~ C~~w2,\q ~p.v MQ~ OC'`r~ ~_,~ rr~G\C.~~ i i>` 5. Telephone Number ~,--L~, _ 3i C -• ~g ~ ~ -t p ,.,~ _ 33 ~ - tSa`~S 6. Fax Number ~~-L~_ t-1~„S -- 30 ~ O 7. E-Mail Address (optional) ~`'~iz1J`~`' co:~," tt "`'z p~'`~cf - -cv~ts, ~qr~ 8. Project Name \i~~Sl~~~ V ~ `~:~c~ 9. Project Location (nearest town, city) 10. Lat-Long Coordinates (optional) ~ 11. Project County Me~,k-~~v~~~~,y ro, 12. River Basin C (,~~(,l w~rJL~. ~ 13. Cataloging Unit (8-digit) (See Note tl 03oSolo~ 14. Riparian Wetland Impact (ac.) (e g , 0.13) ~~~~ 15. Non-Riparian Wetland Impact (ac.} ~ i 16. Coastal Marsh Impact (ac.) ~ l 17. Stream Impact (ft.) (e g. 1,234) Warm Cool Cold (See Note 2) ~c~o N I~ N I ~ 18. Buffer Impact-Zone (sq. ft.) (e.g. 12.345) Zone 1: N ~ ~ Zone 2: ~ ( (See Note 3) I 19. Regulatory Agency Staff Contacts Indicate last names, if known c ) USACE: C~a~ ~ ~ DWQ: J ~h~~ ~,-~ 20. Other Regulatory ID Information (e g ,USACE Action ID, if known) Check (_) below rf thts request is a' revision to a current acceptance, or ~~' ~~~ ~ ~~~-t c,`1til.C ~ re-submission of an expired acceptance Date: (p ~ 13 I Cif Note 1. For help in determining the Cataloging Unit, go to EPA's "Surf Your Watershed` web page. http /lctpub epa govlsurf/locatehndex cfm Note (9) above: regwrement to attach location map. Note 2: For guidance on stream temperatures. go to: http r/www saw usace army millWETLANDS/Mitigation/Documents/StreamrAppendicesiAppendtxLpdf Note 3: Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba river basins, and the Randleman Lake Water Supply Watershed. Direct all questions to Kelly Williams at 919-716-1921 or kelly.williams@ncmail.net Wetlands Survey for SWesley Village, LLC Mecklenburg County, North Carolina ~,u1~~~ LDSI Project: 4107018 Date: June, 2007 ~ , this certifies that this copy of this plat accurately depicts the boundary of jurisdiction of Section 404 of the Clean 'hbter Act as determined by the undersigned on this date. Unless there is a change in the law of our published regulations this determination of Section 404 jurisdiction may be relied upon for a period not to exceed five (5) years from this date. This determination was made utilizing the 1987 Carps of Engineers N~tland Delineation Manual. Name: (signed by U.S. Army Corps of Engineers) Title: Date: Notes: 1) All coordinates shown are horizontal and based upon NCGS Monument "Amity Hill" N: 550473.25 E: 1439939.25 CGF: 0.99984589 2) Topcon Total Station used far collection, providing sub-meter accuracy at each point. `~iiuuii~ii~i ,~~'~~N...~ARO~~',-, ~~.•'~FESSIQ'•~/ '~ ~: Q~ ~~l ~ ~ ~: - SEAL = ~'• L-4502 : z ~% FS"..... • ~ David B. Boyles Wetlands Survey for Wesley Village, LLC City of Charlotte, Mecklenburg County, North Carolina • Phone: (704)376-7177 Lan Fax: (704) 376-2448 ' ~-y~ T 223 North Graham St. S~ v ~~ Chazlotte, NC 28202 Scale: l"-1000' 1000 500 0 1000 Date: 6!6/07 Revision 1: Project Number. 4107018 Revision 2: Sheet 2 of 4 G7 ,, / ~ N/ ~ ~ \ ~ ~ / /, ~ ~ ~ ~~ 1 ! // / / / ~ \ / / ~ ~ / ,,~ / I / / ~ I / /~ / ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~) // ~ ~ \ \ ~ ~ ~/ \\~ ~ ~ ~ ~ ~ ~ ~ / ~ ~ ~ ~- ~ ~ ~ ~ ~ ~ J~ I l ~ ~ ~ _ _ / / ~ ~, ~- _ _ -_ /CH 101 CL5' CL CRK ®Culvert ~` / / CH 1048 CL2' End + ~ ~ 1 / ~ j ~ -- CH 103 CL5' ---- ~ ~ ~ ~ ~ + + , / _ ~- / / / ~ CH 104A CL + / CH 102 CL4'---- / // 36S CH 108 + CH 104 CL 4'~ `' ~ ____ // ~ "~ ~ / ~ + ~,CH 105 ~L4' % ~ --- I CH 107 CL4''CH 106 CL5. \ CH 109 Ties to Culv\ ~ ~ _ _ _~ \ ~ / i ~-,- -- \~ \~ ~ ~ ~. ~" / \ \~ C 1 1 I / I / ~ I /~ -- ~ ~ I NETLAND CHANNEL - 889 S .Ft. POINT NORTHING EA511NG DESCRIPTION 8225 545405.40 1441721.99 CH 109 PES TO CULVERT 8226 545413.07 1441737.73 CH 108 8227 545410.31 1441753.23 CH 107 CL 4 8228 545410.12 1441766.23 CH 106 CL 5 8229 545419.20 1441801.87 CH 105 CL 4 8230 545422,90 1441818.98 CH 104 CL 4 8231 545425,99 1441810.22 CH 104A CL 8232 545437.52 1441806.03 CH 1048 CL 2 END 8233 545429.64 1441851.56 CH 103 CL 5 8234 545429.01 1441865.00 CH 102 CL 4 8235 545443.55 1441904.89 CH 101 CL 5 8236 545445.22 1441937.92 CLCRK ®CULVERt NOFLAG ~7~-12~~ c~ c a U z Wetlands Survey for Wesley Village, LLC City of Charlotte, Mecklenburg County, North Carolina LC~L,III~L.LJ~i Phone: (704) 376-7777 Fax: (704) 376-2448 S~ ~..~ T~ 223 North Graham St. U1 V Charlotte, NC 28202 Scale: l "-30' 30 15 0 30 Date: 6/6107 Revision 1: Project Number: 4107018 Revision 2; Sheet 3 of 4 `;. ~' ~ ~ ~~ A~ ,= -1\~\\ C ~ \\ ~ ~\\ \ ,~~ I ,. ~ ~\ 1~~ ~ 1 ~ `R`~ \ ` ~ ~ / ~ ~ \~\\ '~ \\\ TB` \\~ \Q L I TB J TE3~ -~ I ~ i 1 ~ `\~ . \ ~~~~ 11 \ \ \\ `\ \\\ ( \ \ s~,.`~\~ ~~ A ~ ~~ N~ ~ cb, \ \\\Q f \ \\\\ ~ \ ~ / \\\~ °w \\~~ s \~\\~ °~ \\~\~ ~r~ I TB \\\\~\~ ~ ~~ ( / \\\\~ ~\\~ ~ ox 1 TB ~~~ a , ti. - ? f ~ 1 S ~ ~ ~ ,_\ I ~ -- ' ~ ~ ~, 1 1 ~ \ X .-,___ \ , I ~ ~ ~ I 1 \ ~ \ ~ I 1 ~ I \ I I 1 \ I ~ I ~ ' ` rJ ~ I i I l ~ ~ I f \ ~~ ~ I I ~ ~ 1 I I ~ ~ 1 1 I I I ., t 1 II I ~ I ~ ~ ~ 1 ~ v A I l III I \ \~ \ r I I ~ ~ I I ~ J ~ 1 I I ~-- -~~ i I / ~ I \ ~ ~ i ~ ~ / ~ ~ ~ ~ `' ~ I \ \ C % \ e\~ \ 1 !\ \ 1 > ~ ~ > ` ~ ~ ~ \ ~ re I ~~\\\ `~~~~ I ir\ \~~\~ ~~ J 1~ ~ `' ~\o`; ~ TB \~~ I I1 TB I ~~ 1 ly 1 ~/ ~\~ ~ o~ \ TB ~~~ \ ~~\\ \ TB ~\ ~ \~\~' l~ ~ ~ \~\ <\ \\ \ ~ I ~T1T~ BTB ~~\~\~ ~~,~~ .. ~ _ i 1 J ~ -~ J STEWART CREEK - 31,370 S .Ft. 2,004 linear feet POINT NORTHING FASTING DESCRIPTION 3034 545000.17 1441908.04 TB 3035 - 544938.22 1441905.61 T8 3036 544876.09 1441913.49 TB 3037 544788.79 1441901.94 TB 3038 544723.45 1441901.84 TB 3039 544661.21 1441898.57 TB 3041 544585.23 1441900.12 TB 3400 545039.80 1441916.73 TB FNC 3401 545078.97 1441918.84 TB FNC 3404 545158.30 1441931.16 TB 3643 544510.61 1441896.97 TB 44 54441 .9 1441 9.91 3645 544385.02 1441894.84 TB 3 46 44 4 .90 1441890.09 3648 544322.94 1441888.40 TB 649 544 9 14418 1 3651 544319.64 1441876.09 TB 3652 544304.95 1441880,79 TB 3653 544297.13 1441884,94 TH 3656 544257.90 1441889.75 TB 1 3657 544242.70 1441887.87 TB 1 3658 544210.57 1441889.55 TB 1 07° 127 Wetlands Survey for Wesley Village, LLC City of Charlotte, Mecklenburg County, North Carolina 6 •• ~.y~ Phone; (?04) 376-7777 LandDe~~gn Fax: (704) 376-2448 S~ ~~,.` T~.~~ 223 North Graham St. lil Y Charlotte, NC 28202 Scale: l"-100' 100. 50 0 100 Date; 6/6/07 Revision 1: Project Number: 4107018 Revision 2: Sheet 4 of 4 _ `_ ~~ ~ / ~r~~ ~ I ~ i~~i~~ ~;,~II i1~~/~~~~~i ~ /~I `\\ I ~ III J ~ \ ~~ ~~ ~ I~ ~~~ ~~~ ~! V/ I ~ , ~ -~ ~