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20211578 Ver 1_sunset combined pcn compressed (3)_20211029
ae'p� wArE�oc T. Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑X Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes ❑X 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. ❑X Yes ❑ No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ❑X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Sunset Road Industrial 2b. County: Mecklenburg County 2c. Nearest municipality / town: Charlotte 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: BVB Properties 3b. Deed Book and Page No. 03315-035, 05321-384, 05062-851, 20304-278, 20268-371 3c. Responsible Party (for LLC if applicable): BV Belk Jr. 3d. Street address: 204-C West Woodlawn Road 3e. City, state, zip: Charlotte, NC 28217 3f. Telephone no.: 704.532.0028 3g. Fax no.: n/a 3h. Email address: by@bvbproperties.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Chris Huysman 5b. Business name (if applicable): Wetlands & Waters, Inc. 5c. Street address: 328 East Broad Street, Suite D 5d. City, state, zip: Statesville, NC 28677 5e. Telephone no.: 336.406.0906 5f. Fax no.: n/a 5g. Email address: chrishuysman@wetlands-waters.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 04124201,04124202, 04124203, 04124204, 04124206 1 b. Site coordinates (in decimal degrees): Latitude: 35.3059 Longitude:-80.84298 1c. Property size: 27 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Dillons Twins Lakes, connecting to Irwin Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Catawba 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: Existing conditions, prior to site grading, was vacant land consisting of mid -successional woodlands. The existing land use in the vicinity of the project consists of a mixture of residential, commercial and industrial development. 3b. List the total estimated acreage of all existing wetlands on the property: 0.22 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 220 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to construct an industrial building facility, proximate to Interstate 77, to be used for distribution. 3e. Describe the overall project in detail, including the type of equipment to be used: See cover letter for project description. Typical equipment such as dozers, track hoes, and trucks will be used. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases)in the past? ❑X Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑X Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): C. Huysman Agency/Consultant Company: Wetlands & Waters, Inc. Other: H&B, Inc. (previous) 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑Yes ❑X No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑X No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X Wetlands ❑X Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill (NWP 39) Headwater Wetland Yes Corps 0.22 W2 Choose one Choose one Yes/No W3 Choose one Choose one Yes/No W4 Choose one Choose one Yes/No W5 Choose one Choose one Yes/No W6 Choose one Choose one Yes/No 2g. Total Wetland Impacts: 0.22 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. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Fill UT-1 to Irwin Creek INT Corps 2 70 S2 P Fill UT-2 to Irwin Creek INT Corps 2 150 S3 P Choose one S4 P Choose one S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 220 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 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 indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 Choose one Choose 02 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. 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. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 Yes/No B2 Yes/No B3 Yes/No B4 Yes/No B5 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Project has been designed in order to maintain a wooded perimeter buffer, and to avoid grading within existing utility easements. Wetland impacts are necessary in order to achieve a building pad sufficient to support the proposed use. The majority of the stream impacts are necessary in order to construct a minor collector road, as mandated by local ordinance, which has separate utility from the proposed project. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Project has been graded under a locally approved sediment and erosion control plan to ensure that materials incidental to grading and construction are not transported into downstream receiving waters. 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? ❑X Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑X Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑X 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: Stream Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑X Yes 4b. Stream mitigation requested: 660 linear feet 4c. If using stream mitigation, stream temperature: warm 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: 0.44 acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: See cover letter for mitigation discussion 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 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 ❑ Yes ❑X No buffer mitigation? 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. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (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 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑X No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 30 % 2b. Does this project require a Stormwater Management Plan? ❑X Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Project will adhere to applicable stormwater requirements under review of City of Charlotte. 2e. Who will be responsible for the review of the Stormwater Management Plan? City of Charlotte 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? City of Charlotte ❑ Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑X Other: City of Charlotte 3c. Has the approved Stormwater Management Plan with proof of approval been ❑Yes ❑X 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 ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ❑X No use of public (federal/state) land? 1 b. 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) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑X Yes ❑ No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? DYes ❑ No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): See attached cover letter. These are self reported unauthorized impacts. 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes ❑X 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 prollect, or available capacity of the subject facility. Project includes to tie downstream facilities. construction of sanitary sewer into receiving Page 9 of 10 PCN Form — Version 1.4 January 2009 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? 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NO Natural Heritage Program generated report indicates only a historical account of a federally protected species within a mile of the project area. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 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 ❑X 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? NO SHPO Web GIS services. S. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year ftoodplain? ❑ Yes © No 8b, if yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA National Flood Hazard Layer &1'- QUA. H Jk 'd V /3.G�, �• Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agenrs signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 Additional Project Information Date:8/16/21 Corps Agent: Bryan Roden Reynolds (Prior Agent: William Elliot) State Agent: Alan Johnson The purpose of the project is to construct an industrial distribution site and roads within a project known as Sunset Road Industrial Site. On June 18, 2020 the owner/applicant, the purchaser, and W&W staff met with the Corps to self -report unauthorized impacts and seek guidance on an after the fact permit authorization for the site. The site, comprised of approximately 27 acres, is located at the intersection of Sunset Road and Millhaven Lane proximate to both Interstates 77 and 85. The assemblage includes parcels that were reviewed under Action ID 2009-01478; a copy of the PJD is included for consideration as Appendix 1. The site had undergone some preliminary grading because it is ideally situated to be developed as an industrial site or a distribution center (Attachment 1.). The preliminary grading permit was issued by the City of Charlotte without any comments relating to wetlands or waters. In fact, the attached approved plans are a Revision To Approved Plan (RTAP) meaning that the plan was reviewed not once but twice (Attachment 2.) Further, City inspectors conducted field reviews prior to and during grading. A prior wetland delineation conducted by our office, including site vicinity and other resource maps, is included for reference in the attachments (Attachment 3). W&W completed an after the fact SAM form to assist in determining what a suitable mitigation ration may be (Attachment 4). The impacts were discovered by the applicant during the due diligence process. Based on the attached maps provided by the applicant (Attachment 1), it appears that 220 linear feet of intermittent streams and 0.22 acres of headwaters wetlands have been impacted by the preliminary grading for the construction of a distribution center and a City mandated public access road. The site plan illustrates sufficient paved areas to circulate both tractor trailers and delivery vans between two large rectangular buildings, allocates areas for stormwater BMP's, and depicts access points into the project area. The City is mandating that a public street be constructed along the southern boundary of the site to improve safety and alleviate congestion concerns at the intersection of Milhaven and Sunset. But for the zoning mandate, the applicant would not construct the road because suitable access to and circulation within the site can be achieved without its construction. The project is located in Catawba HUC 03050103 and mitigation will be achieved through a purchase of credits from the NC Division of Mitigation Services. Wetland mitigation for impacts to the headwaters wetlands will be at a 2:1 ratio and stream mitigation for the intermittent streams will be at a 1.5:1 ratio. The customary wetland ratio is based on our review of the wetland data -forms and photographs included in a prior jurisdiction determination request (Attachment 3). Stream mitigation is proposed at a 1.5:1 ratio in consideration of the following factors: 1) One stream was assessed to be weakly intermittent scoring just 21.5 points on forms submitted with the PJD request. 2) Another stream was the outlet of a "non -regulated" BMP that flowed after storm events. 3) The applicant is providing stormwater management for the public road that they do not need for their project but are required to build as a zoning requirement and 4) SAM forms would likely have ranked the features in the medium range based on a review of our files. Mto] 4411►1C - ► WHEREAS, the United States of America, on behalf of the United States Anny Corps of Engineers (Corps) may file a complaint against BVB Properties (i.e., BV Belk Jr. ("potential defendants)") for, inter ilia, alleged violations of Sections 301(a), 309, & 404 of the Clean Water Act ("MA"), 33 U.S.C. Sections 1311(a), 1319, & 1344 and/or Section 9, 10, or 13 of the Rivers and Harbors Act of 1899, 33 U.S.C. Sections 40t, 403, or 447, and/or Ocean Dumping Act Sections 101 and/or 103 (33 U.S.C. 1411, 1413), at a site commonly known as Sunset Road (PIN: SAW-2049-0 1478). WHEREAS, the purpose of any such complaint would be to obtain appropriate injunctive relief and to impose appropriate civil or criminal penalties for potential defendant'(s) alleged violations of the statute(s) cited above; WHEREAS, the Carps accepted an after -the -fact (ATF) permit application from the potential defendant(s) in an attempt to settle the above claims; WHEREAS, both parties believe that their interests will best be served by continuing the ATF permit process without the disruption that might be occasioned should the United States file a complaint in the immediate future; AND WHEREAS both parties acknowledge the requirement found at 33 CYK 331.11(c) for an applicant for an ATF permit to provide a signed tolling agreement; THEREFORE, the United States and potential defendant(s) stipulate and agree as follows: . The United States and potential defendants) agree that the time between the acceptance by the Corps of the ATF pen -nit application and the final Corps decision (as defined at 33 CFR 331.10), plus one year thereafter, will not be included in calculating any statute of limitations that might be applicable to the alleged statutory violation(s) described above. Potential defendants agree not to assert, plead, or raise in any fashion on behalf of any party, whether by answer, motion, or otherwise, any defense or avoidance based on the running of any statute of limitations that may apply during that period or any defense or avoidance based on lathes or other principle concerning the timeliness of commencing a civil action, based on the failure of the United States to file its complaint during that period. 2. Potential defendants further agree not to transfer the property in question during the pendency of this tolling agreement nor during the pendency of any civil action brought as described above, without first notifying the United States and giving the United States a reasonable opportunity to oppose such transfer. Notwithstanding the foregoing, the United States acknowledges that the potential defendant has notified the United States that it intends to transfer ownership of the property to SunCap Property Group, LLC or affiliate and the United States hereby confirms that it does not oppose such transfer to SunCap Property Group, LLC or affiliate. 3. Nothing in this tolling agreement shall restrict or otherwise prevent the United States from filing a complaint regarding any alleged statutory violation(s) not described above, at any time. 4. This tolling agreement does not constitute any admission of liability on the part of potential defendants; nor does it constitute any admission or acknowledgment on the part of the United States that any statute of limitations has run or that any statute of limitations is applicable to the statutory claims described above. 5. This tolling agreement contains the entire agreement between the parties, and no statement, promise or inducement made by any party to this agreement, or any agent of such, parties, that is not set forth in this agreement shall be valid or binding. This tolling agreement may not be enlarged, modified or altered except in writing signed by the parties. This tolling agreement may be executed in counterparts. FOR the United States of America: District Counsel Wilmington District, U.S. Army Corps of Engineers FOR ("potential defendants)") DATE odzlm DATE ROY COOPER Governor ELIZABETH S. BISER Secretory TIM BAUMGARTNER Urrei tor' BV Belk BVB Properties 204-C West Woodlawn Road Charlotte, NC 28217 Project: Sunset Road Industrial Site NORTH CAROLINA Environmental Quality August 17, 2021 Expiration of Acceptance: 2/17/2022 County: Mecklenburg The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. 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 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS 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 by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location 8-di it HUC Impact Type Impact Quantity Catawba 03050103 Riparian Wetland 0.44 Catawba 03050103 Warm Stream 660 *DMS proposes to utilize the Catawba 03 Expanded Service Area to meet the mitigation requirement. Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. Sincerely, FOR James. B Stanfill Asset Management Supervisor cc: Chris Huysman, agent DNorth Carolina Department of Environmental Quality I Division of Mitigation Services E217 West Jones Street 1 1652 Mail Service Center I Raleigh. North Carolina 27699-1652 a�^^c^'^•�� n 414.707.6976 Attachment 1 Impact Figure N U CA C) to r C C 13s -- GL 0) U7cli }LO 0 .. 40 cr-'� m.. u G c� C 7ti s_ L1� w-+ C z O tn �^+ z i7 o (D C: z ) CO y E a x 0 Cd C CL va z Q § � ~\ U a : t \ — _ — �k ` GROUP n � % —..._ } c w � � / e \ ? \ —---2---= Zk)w �)2% 5 �/ _Ln E8 =J W 5 a X 2 �} \\/ a c 6 L< �) \~ \ (\� /4 §£ GR■a § *\ (/} . �_ ])§) \ 5® ƒ]Hiu ��^ C14 CD 00 )f)2 : a ! E }k|\ � m _ : - \ ® z � - I Iy /2 £ � ! s O k } \ U LLJ \ $ � 7/ X g 7 [ � d Y - 2 w 3 w L) / i U ----------------- ----- _ L) --- FL m�ON 3iiOldVHO dnoHo I. .I .I -I o II o e Ad a o 0 o w re �� I''• o 0 o e o m Im I �. Attachment 2 Approved Grading Plan a ry A a am ¢ ¢ f A 5 p a w Wo rc ny III a LL a � a LL o. •I A ° lu p3 ao O o w= zLU 5 ,^o mp O Z° NO LL wo o wa w M U SE `y6 Fv_" rrrrrnr s 1 _ t kn A N 5 tN 6 it It 49 16 0- 5 MAD% P P6 p Pr 6t - "'d , 71— — -- 11H Q I —N Ap 47 t; g 06 g Ana Nag H WA, �2 il p it It � � s a s of ��§o s g ( s4 a� � � � � � �/ � II � � o� JJ%% j � ` it .A` AP N R �lk 3 AW 8a 5"'n �ng H pf '3' it CO N NR "g, q H Z A 9 1 uq �,l AH firs is if fl-t; M, m ��- �IxWKVU I I 3NVl N3AVHIIIV4 h Id I I 'I"'I jr 01414 HAM lisp! v" all loll a 11:1 H 6 pa ix IN 11 1 1 1h, - 1 malux: a &Q M SH 115 Hip H 10 11H Wo PIN PAR 1 NS I I P SH in p I m 1 j 1 P I Ulm 1 # it1 I Ni0 WIN 1 1 IBM W 2P 1111IskiNIN1: 11; 1 Elgin 1 HAIM 1 19, 14171. A 1 ! 1 Ma hp: i 2 i! Nil 1 1 1 1111j1 : 5 oil 1 I in W j mily"m all 1 1 a IN 0: ji lip Hipp, popm!!RT!' I 1110 11 u 11 h 1 1IFF&I sill 10 Or 3 Pit It I it Hilln 'j fib. i Ntlg,l Al R�O'UV I I, ta, IN AN. Y V-1 IF _n -q t V hp fS it it mll jt;' flflx§4 i 'I'M Hit "1 1 j P'll W, M'; 31 mi th 14 1!, it EN! m'! ! P I HIM, 1 .t NJ 14 I Attachment 3 Wetland Delineation H J S1VA1`V E,7ir BANDY, , INC. WETLAND AND ENVIRONMENTAL CONSULTANTS September 15, 201S US Army Corps of Engineers Asheville Regulatory Field Office Attn: Mr. William Elliott 151 Patton Avenue, Room 208 Asheville, North Carolina 28801.-5006 Re: Jurisdictional Determination Request Sunset Road —18 acres Mecklenburg County (Parcel ID: 04124201., 04124202, 04124206) Milhaven Ln. Charlotte, Mecklenburg County, NC William: Huysman and Bandy, Inc., representing BV Belk Properties, is requesting issuance of a preliminary Jurisdictional Determination for the above referenced property. The property is located on Milhaven Lane near the intersection of Sunset Rd./US 21 and 1-77 in Charlotte, Mecklenburg County, NC. The contact for this request is Mr. Randy Smith and he can be reached at 704-562-0203. H&B completed a detailed delineation of the subject property in September 2015. After field investigation a jurisdictional wetland, flagged in the field as "1000 series" was found along with two intermittent channels (see attached data forms). Also located was a non jurisdictional existing BMP that appears to be holding water from a nearby busted sewer line. Please review the attached documentation and figures in regard to the issuance of this request: Attachments: 1. Agent Authorization Form 2. Preliminary Jurisdictional Determination Request Form 3. Jurisdictional Determination bequest Form 4. Tax Parcel Map 5. USGS topographic Map 6. Approximate Waters Map 7. Soil Survey Map 8. NWI Map 9. Site Photographs 10. Stream Classification Christopher Huysman Tamp Bandy 170 Dew Drop Road 4108 LB Propst Drive Sparta, NC 28675 Conover, NC 28613 336.406.0906 829.302.3437 Chris. Huysman@gmaii.com 1TampBandy@gmail.com HUY"SMAN & DANDY, INC. WETLAND AND ENVIRONMENTAL. CONSULTANTS 11. Wetland Data Forms 12. NC DWQ, Stream Identification Form Please correspond if we need to provide any additional assistance or information necessary to assist you with your review. Sincerely, Berry Isner Christopher Huysman Tamp Bandy 170 Dew Drop Road 4108 CB Propst Drive Sparta, NC 28675 Conover, NC 28613 336A06.0906 828,302.3437 Chris.Huysman@gmaii.com JTampBandy@gmail.com Corps Submittal Cover Sheet Please provide the following info: 1. Project Name Sunset Road 2. Name of Property Owner/Applicant: BV Belk Investments 3. Name of Consultant/Agent: Huysman & Bandy, Inc. Attn: Chris Huysrmn f Perry Isner *Agent authorization needs to be attacbed. 4. Related/Previous Action.ED number(s): DWR# 5. Site Address: Milhaven Lane, Charlotte, NC 6. Subdivision Name: N/A 7. City. Charlotte 8. County: Mecklenburg 9. Lat: 35.30529 Long:-80.84296 (Decimal Degrees Please } 10. Quadrangle Name: Derita I I.. Waterway: Irwin Creek 12.Watershed: Catawba (HUC 030501050101) 13. Requested Action: Nationwide Permit # General Permit # e� Jurisdictional Determination Request Pre -Application Request The following information will be completed by Corps office: Prepare File Folder Assign number in ORM -- --- ----- Begin Date Authorization: Section 10 Section 404 Project Description/ Nature of Activity/ Project Purpose: Site/Waters Name: Irwin Creek Keywords: ATTACHMENT A PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): 911,115 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Ho sman & Bandy,Attn: Chris Hu sman j Perrylsner 17o Dew Drop Rd. Sparta, NC 28675 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: USACE AID: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Parcels 041-24-202, 041-24-201, 041-24-206; Mlllhaven Lane, Charlotte, NC (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC Countylparish/borough: Mecklenburg City: Charlotte Center coordinates of site (lat/long in degree decimal format): Lat. 35.30529 ON; Long.-8o•84296 11WV Universal Transverse Mercator: Name of nearest waterbody: Irwin, Creels Identify (estimate) amount of waters in the review area: Non-wetiand wafters: 22o linear feet: 3 width (ft) andlor acres. Cowardin Class: riverinfe Stream Flow: intermittent Wetlands: 0•22 acres. Cowardin Class: palustrine Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: Non -Tidal: E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): H&B Field Evaluation 0glio/1$ SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): L .1 Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Lin Data sheets prepared/submitted by or on behalf of the app is nt/consultant. Office concurs with data sheetsldelineation 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 PROJECT HUC 030501050101 11-21 U.S. Geological Survey map(s). Cite scale & quad name: Derita USDA Natural Resources Conservation Service Soil Sui Citation: WEB SOIL SURVEY OR PAPER COPY OF M fyNational wetlands inventory map(s). Cite name: wetlands Mapper n State/Local wetland inventory maps):, ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: 1:1 Aerial (Name & Date): or JZ Other (Name & Date):. 09/l0/15 ❑ Previous determination(s). File no. and date of response letter: - ❑ Other information (please specify): 0) 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General permit (NWP) or other general permit verification requiring "pre -construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following. (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the united States, and precludes any challenge to such jurisdiction in any administrative orjudicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant. to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. 3 This preliminary JD finds that there "may be"waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Cor s and should not be relied upon for later 'urisdictional determinations. Signature and date of Regulatory Project Manager (REQUIRED) Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) 4 Site Number latitude Longitude Wetland 1000 35.30518 Intermittent 35.30485 RPW 1 Intermittent 35.3054 RPW 2 11 Estimated Cowardin amount of Class of aquatic aquatic Class resource resource in review area -80.84362 Palustrine 0,22 ac nun -section 10 - wetland -80.84321 Riverine 70 linear feet sRPW -80.8424 Riverine 150 linear feet sRPW jurisdictional Determination Request A. PARCEL INFORMATION Street Address: City, State: Milhaven Lane Charlotte, NC County: Mecklenburg Directions: From 1-77 hake exit 16 towards Sunset Road east. Turn right onto Millhaven Lane. Site is on the right. Parcel Index Number(s) (PIN): 041-24-202 041 24-201 o41-24-2o6 B. REQUESTOR INFORMATION Name: Perry Isner Mailing Address: 17o Dew Drop Road, Sparta, NC 28675 Telephone Number: (704)773-4239 Electronic Mail Address': perry.isner@gmail.com Select one: ElI asn the current property owner. I am an Authorized Agent or Environmental Consultantz ❑ Interested Buyer or Uncles- Contract to Purchase Other, please explain. C. PROPERTY OWNER INFORMATION Name: BV Belk Investments Mailing Address: 45o8 E. Independence Blvd. Suite 207 Charlotte, NC 28205 Telephone Number: Electronic Mail Address: ® Proof of Ownership Attached (e.g. a copy of Deed, County GISfParcel/Tax Record data) 1 If available Must attach completed Agent Authorization Form 3 If available Version: December 2013 Page 3 uris ictionai Determination Request 0. PROPERTY C MrNTFR CURTIpICATION¢ I, the undersized, a duly authorized owner of record of the propertylproperdes identified herein, do authorize representatives of the Wiltrtington District, U.S, Army Corps of Engineers (Corps) to eater upon the property herein, described for the purpose of conducting on -site investigations and issuing a detenrination associated with Waters of the U.S, subject to Federal jurisdiction under Section 404 of the Clean Water act and/or Section 10 of the Rivers and Harbors Act of 1899, Pi operty Owner se print) Date Property 0�viier Signature E. JURISDIMONAL DETERMINATION TYPE Select One: RII am requesting that the Corps provide a pM9nIjA= JD for the property identified hereim This request does include a delineation, 17 I mn requesting that the Corps provide a pmI_imiXtiy JD for the property identified herein. This request hoes NOT include a delineation, ElI ,am requesting that the Corps investigate the property/project area for the presence or absence ofaUS 5 and provide an �€rved J-D fir the proper ty i derrtified herein. This request does NOT include a request for a verified delineation. t am requesting that the Corps delineate the boundaries of all WoUS on a property/project area, and provide an 4ppLQved ID (this may or may not -include a. survey plat). l am requesting that the Corps evaluate and approve a delineation oi`WoUS (conduoted by others) can a property/project area and provide an aopTaved Jp (may or may not include a survey plat). n For NCDOT requests following the current NCDOTMACE protocols, .skfp to Fart F Waters of the United States Version: December 2013 Page 4 Jurisdictional Determination Request F. ALL REQUESTS ® Map of Property or Project Area (attached). This Map must clearly depict the boundaries of the area of evaluation. ® Size of Property or Project Area +J-18 acres I verify that the property (or project) boundaries have recently been surveyed and marked by a licensed land surveyor OR are otherwise clearly marred or distinguishable. G. JD REQUESTS FROM CONSULTANTS OR AGENCIES (1) Preliminary JD Requests: ® Completed and signed PrelitninM Jurisdictional Determination l=onTO, 2 Project Coordinates: 35.30529 Latitude-80.84296 Longitude Maps (too larger than I I x 17) with Project Boundary Overlay: 9 Large and small scale reaps that depict, at minimum: streets, intersections, towns ® Aerial Photography of the project area ® [ iSGS Topographic Map 1? Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR Wraps, i EMA floodplain reaps) See Appendix A of this Form. From Regulatory Guidance Utter No, 08-02, dated June 26, 2008 Version. December 2013 page 5 jurisdictional Determination Request Delineation Information (when applicable)7: Wetlands: ® Wetland Data Sheets Tributaries: USACE Assessment Forms �✓ Upland Data Sheets ❑ Other Assessment Forms (when appropriate) ® Landscape Photos, if taken ® Field Sketch overlain on legible Map that includes: • All aquatic resources (for sites with multiple resources, label and identify) • Locations ofwetiand data points and/or tributary assessment reaches • Locations of photo stations • Approximate acreage/linear footage of aquatic resources (2) Approved JDs including Verification of a Delineation: Project Coordinates: 35.30529 Latitude w80.84296 Longitude Maps (no larger than I l x l 7) with Project Boundary Overlay: Fol Large and small scale maps that depict, at minimum: streets, intersections, towns Aerial Photography of the project area USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetiand Inventory Map, Proposed Site Plan., previous delineation maps) 7 1987 Manual Regional Supplements and Data forms can be found at: httjJw}vw.usace.armv.rrtil/Ilissirns/Ciuil;t�lorbs/fieulatarvPrcrrarr�andPerrnitslre supp.aspx Wetland and Stream Assessment Methodologies can be found at: htt )ortal.ncdenr.or c documen tibrar et file?uuid=76f3c58b-dah8-4 50-ba43-45b7faf06f4c& rou ld=38364and, http:/lwww.saw.usace.army.mil/Portaft[59/dots/regulatory/publicnotices/Z7013/NCSAM _Draft User Manual_130318.pdf a Delineation Information must include, at minimum, one wetland data sheet for each wetland/community type. Version: December 2013 Page 6 jurisdictional Determination Request Delineation Information (when applicable): Wetlands: Wetland Data Sheets9 1-1 Tributaries: USAGE Assessment Forms Upland Data Sheets Other Assessment Fors -as (when appropriate) QLandscape Photos, if taken 11 Field Sketch overlain on legible Map that includes: • All aquatic resources (for sites with multiple resources, label and identify) • Locations of wetland data points and/or tributary assessment reaches • Locations of photo stations • Approximate acreage/linear footage of aquatic resources Supporting Jurisdictional Information (for Approved 3Ds only) Approved Jurisdictional Determination Fori-n(s) (also known as "Rapanos Fcnn(s)") Map(s) depicting the potential (or lack of potential) hydrologic connection(s), adjacency, etc. to navigable waters. 9 Dellneatlon information must include, at minimum, one wetland data sheet for each wetland/community type. Version: December 2013 Page 7 jurisdictional Determination bequest I. REQUESTS FOR CORPS APPROVAL OF SURVEY PLAT Prior to final production of a Plat, the Wilmington District recommends that the Land Surveyor electronically submit a draft of a Survey Plat to the Corps project manager for review. Due to storage limitations of our administrative records, the Corps requires that all hard - copy submittals include at least one original Plat to scale that is no larger than 11."xl7" (the use of match lines for larger tracts acceptable). Additional copies of a plat, including those larger than 11 "x 17", may also be submitted for Corps signature as needed. The Corps also accepts electronic submittals of plats, such as those transmitted as a portable Document. Format (PDF) file. Upon verification, the Corps can electronically sign these plats and return them via e-mail to the requestor. (1) PLATS SUBMITTED FOR APPROVAL WMust be sealed and signed by a licensed professional land surveyor R1Must be to scale (all maps must include both a graphic scale and a verbal scale) lil Must be legible Must include a North Arrow, Scale(s), Title, Property Information Must include a legible WoUS Delineation Table of distances and bearings/metes and boundsfGPS coordinates of all surveyed delineation points ® Must clearly depict surveyed property or project boundaries Must clearly identify the known surveyed point(s) used as reference (e.g. property corner, USGS monument) ZWhen wetlands are depicted: • Must include acreage (or square footage) of wetland polygons • Must identify each wetland polygon using an alphanumeric system Cp Version: December 2013 Page 8 jurisdictional Determination Request zWhen tributaries are depicted: • Must include either a surveyed, approximate centerline of tributary with approximate width of tributary OR surveyed Ordinary High Water Marrs (OHWM) of tributary • Must identify each tributary using an alphanumeric system • Must include linear footage of tributaries and calculated area (using approximate widths or surveyed OHWM) • Must include name of tributary (based on the most recent USGS topographic reap) or, when no USGS name exists, identify as "unnamed tributary" LJ ail depicted WoUS (wetland polygons and tributary lines) mast intersect or tie -to surveyed project/property boundaries Must include the location of wetland data points and/or tributary assessment reaches Must include, label accordingly, and depict acreage of all waters not currently subject to the requirements of the CWA (e.g. "isolated wetlands", "non - jurisdictional waters"). NOTE: An approved JD must be conducted in order to make an official Corps determination that a particular waterbody or wetland is not jurisdictional. Must include and survey all existing conveyances (pipes, culverts, etc.) that transport WoUS Version: December 2013 Page 9 jurisdictional Determination Request (2) CERTIFICATION LANGUAGE When the entice actual Jurysdictional Boundar is de icted: include the following Corps Certification language: `7his certifies that this copy of this plat accurately depicts the boundary of the jurisdiction of Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is a change in the law or our publishes' regulations, the determination of Section 404 jurisdiction maybe relied upon for a period not to exceed five (S) years from this date. The undersigned completed this determination utilizing the appropriate Regional Supplement to the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual." Regulatory Official: Title: Date: USA CEAction ID No.: When u lands Maybe present within a depicted Jurisdictional Boundar . include the following Carps Certification language: "This certifies that this copy of this plat identifies all areas of waters of the United States regulated pursuant to Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is change in the law or our published regulations, this determination of Section 404 jurisdiction may he relied upon for a period not to exceed five years from this date. The undersigned completed this determination utilizing the appropriate Regional Supplement to the 1987 U.S. Array Corps of Engineers Wetlands Delineation Manual." Regulatory Official: Title, Date: USACE Action ID No.: Version: December 2013 page 10 jurisdictional Determination Request (3) GPS SURVEYS For Surveys prepared using a Global Positioning System (GPS), the Survey must include all of the above, as well as: 0 be at sub -meter accuracy at each survey point. Elinclude are accuracy verification: One or more known points (property corner, monument) shall be located with the GPS and cross-referenced with the existing traditional property survey (metes and bounds). include a brief description of the GPS equipment utilized. Version: December 2013 Page 11 , t CO. r n0 _� 2 to ;d RsY " P n o x Q 0 Pb kjirs 1i1CD t y dQ to C� i � 7 �� 4�t N p�..s 1 <� c CD CD y� (D �� Cn)t 4�. ram+ �•. CJ ;%j��Sk' h =. "e rb VA. 0 Vill U'Y D C .. o cn 9 Z ro CL 3 � a 0 = - � CD CL 4.1 :i3 ff �2,�i=xJ"f a?QPO rh W O x "U O fl) (D W ' < ca C® co 0- M rn ID zrro3@v 0-CL Z:r m m n t0 . fu a c) � Cb C `-� �; C3 -0 �. e (D C3' ® PD I g o m CD C� Cr vi © CD NU fD lD � dh CL C> _ z, CD. ' R 0,1 a ,D 23 a;a ;7, . CO A j� ������\ rD < en 'D FD TMIP t b■ 'l. t b■ 'l. < T F J fA 5 _ � n s lb -r• w� 1 � , 43 . .� ., \ �«IMP� - - \2 NC DENR - DMSON OF WATER QUALPFY 2 B .0300 .0308 CATAWBA RIVER BASIN Name of Stream Description Class Class Date Index No. McGill Branch From source to Crowders C 09/01/74 11-135-9 Creek South Fork Crowders Creek North Carolina Portion C 03/01/62 11-135-10 South Crowders Creek From source to South Fork C 03/01/62 11-135-10-1 Crowders Creek Unnamed Tributary at From source to Dam at B 03/01/62 11-135-10-1-1-(1) Sparrow Springs Lake Sparrow Springs Lake ipparrow Springs Lake) Unnamed Tributary at Sparrow Springs Lake From Dam at Sparrow Springs C Lake to South Fork Crowders Creek 03/01/62 11-135-10-1-1-(2) Rocky Branch From source to North C 09/01/14 11-135-11 Carolina -South Carolina State Line Torrence Branch From source to North B 03/01/77 11-136 Carolina -South Carolina State Line Sugar Creek From source to North C 09/01/74 11-137 Carolina -South Carolina State Line Irwin Creek From source to Sugar Creek C 09/01/74 11-13'7-1 Dillons Twins Lakes and Entire lakes and connecting C 09/01/74 11-137-1--1 Lake Jo streams to Irwin Creek Stewart Creek From source to Irwin Creek C 09/01/74 11-137-1-2 Taggart Creek (laggard From source to Sugar Creek C 09/01/74 11-137-2 Creek) Greenwood Lake Entire lake and connecting C 09/01/74 11-137-3 stream to Sugar Creek Coffey Creek From source to Sugar Creek C 09/01/74 11-137-4 Whippoorwhill Lake Entire lake and connecting C 09/01/74 11-137-4-1 stream to Coffey Creek Eagle Branch (Watt Lake, From source to Dam at Eagle B 03/01/62 11-137-4-2-(1) Eagle Lake) Lake Eagle Branch From Dam at Eagle Lake to C 09/01/74 11-131-4�2-(2) Coffey Creek Maynard Lake Entire lake and connecting C 09/01/74 11-137-4-3 stream to Coffey Creek Moody Lake Entire lake and connecting C 09/01/74 11-137-4-4 stream to Coffey Creek Johnson Lake Entire lake and connecting C 09/01/74 11-137-4-5 stream to Coffey Creek Spratt Lake Entire lake and connecting C 09/01/74 11-137-5 stream to Sugar Creek Kings Branch From source to Sugar Creek C 09/01/74 11-131-6 McCullough Branch From source to Sugar Creek C 09/01/74 11-131-7 Page 37 of 40 2013-12-09 10.46:19 WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Region ProjecVSite: Sunset Road City/County: Charlotte, Mecklenburg Sampling Date: 091/0/15 Applicant/Owner: BV Belk State: NC Sampling point; DP 1 Investigator(s): Huysrnan Bandy Isner Section, Township, Range: Landform (hillslope, terrace, etc.): fiat - Local relief (concave, convex, none): concave Slope (%): 1 Subregion (L.RR or ML.RA): LRR P Lat: 35.30532 Long:: 0.84386 Datum: WGS 84 Soil Map Unit Name: Helena NWl classification: Are climatic I hydrologic conditions on the site typical for this time of year? Yes _ No (If no, explain in Remarks.) Are Vegetation Soil. or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes VF No Are Vegetation Soil. or Hydrology, . naturally problematic? (if needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transacts, important features, etc. Hydrophytic Vegetation Present? Yes No Is the Sampled Area Hydric Soil Present? Yes _ No_ a within a Wetfand? Yes No Wetland Hydrology Present? Yes. J No _ Remarks: WL Series WL Type Appx. Acreage 24 HR Weather Recent Weather HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required] Primary Indicators minimum of one is required, c eck II h a I Surface Soil Cracks (B6) Surface Water (Al) True Aquatic Plants (B14) ✓ Sparsely Vegetated Concave Surface (88) High Water Table (A2) Hydrogen Sulfide Odor (Cl) ✓ Drainage Patterns (810) Saturation (A3) Oxidized Rhlzospheres on Living Roots (C8) ..! Moss Trim Lines (1316) Water Marks (81) Presence of Reduced Iron (C4) Dry -Season Water Table (C2) Sediment Deposits (132) Recent Iron Reduction in Tilled Soils (CE) ✓ Crayfish burrows (C8) _ Drift Deposits (133) Thin Muck Surface (07) Saturation Visible on Aerial Imagery (C9) Algal Mat or Crust (B4) Other (Explain in Remarks) Stunted or Stressed Plants (131) Iron Deposits (65) Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (137) _ Shallow Aquitard (D3) Water -Stained Leaves (139) Microtopographio Relief (D4) _ Aquatic Fauna (1313) FAG -Neutral Test (D5) Field observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No ✓ Depth (inches): � Saturation Present? Yes No ✓ Depth (inches): Wetland Hydrology Present? Yes � No includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Five Strata) Use scientific names of plants. Sunset Road Sampling Point: DP 1 Tree Stratum (Plot size: 30' } % Cover. Species? Status 1. Quercus phellos -_ 30 Y FAC 2. Morus alba 30 Y UPL s. Ulmus rubra 30 Y FAG 4. Llauldambar styraciflua 20 N FAC 110 = Total Cover 50% of total cover; 55 201/6 of total cover: 22 Sapling Stratum (Plot size: 15 } 1. Lidodendron tulipfera 25 Y FACU 2. Morus alba _ 25 Y UPL. 3. Fraxinus Dennsvlvanica 15 Y FACV1 4. Ulmus alata 5N FACU 5. (✓OMUS SM 5_ _ N 6. 75 Total Cover 50% of total cover: 37.5 20% of total cover: 15 Shrub Stratum (Plot size: 15 + 1 1. baustum sinense 10 Y FACU 3. Number of Dominant Species That Are OBL, FACW, or FAC: 5 (A) Total Number of Dominant Species Across All Strata: (8) Percent of Dominant Species That Are OBL, FACW, or FAC: 50 (A/B) Prevalence Index worksheets Total % Cover of: Multiply bv: . 0131-species x 1 = FACW species x 2 = FAG species x 3 = FACU species x 4 = UPI. species x 5 = Column Totals: (A) (B) Prevalence Index - B/A = 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >500% 3 - Prevalence Index is j3.0' 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 5. 'Indicators of hydric soil and wetland hydrology must 6. be present, unless disturbed or problematic. --- 10 = Total Cover Definitions of Five Vegetation Strata: 500/0 of total cover: 5 20% of total cover: Tree -Waady plants, excluding woody vines, Herb Stratum (Plot size: ) approximately 20 ft (6 m) or more in height and 3 in. 1 (7.6 cm) or larger in diameter at breast height (DBH). Sapling - Woody plants, excluding woody vines, 2 3. approximately 20 ft (6 m) or more in height and less 4. than 3 in. (7.6 cm) 081-1_ 5._ . Shrub - Woody plants, excluding woody vines, 6 approximately 3 to 20 ft (1 to 6 m) in height. 7. Herb -- All herbaceous (non -woody) plants, including 8 herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately 3 9. ft (1 m) in height. 14. Woody vine --All woody vines, regardless of height. 11. Total Cover 50% of total cover: 20% of total cover: Woody Vine Stratum (Plot size: 30r } 1. Smilax rotundifolia 5 Y FAC 2. Toxicodendron radicans 5 Y FAC 3. Parfhenocissus auinguefolia......... 5 Y FACU 4. 5' Hydrophytic = Total Cover Vegetation 500/0 of total cover: 7.5 20% of total cover:_3_ Present? Yes Ito Remarks: (include photo numbers here or on a separate sheet.) U5 Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 SOIL Sunset Road Sampling Point: DP 1 Profile Description: (Describe to the depth needed to document time indicator or confirm the absence of indicators.) Depth Matrix Redox Features Inches Color (moist) % Color (moist) 9',_ Tyne n 2 Texture Remarks 0-1 10 YR 4 /2 100 fine 1-6 10 YR 5 /3 50 10 YR 5 /4 40 C M fire 10YR 6 /2 10 C M 6-14 10 YR 6 12 50 10 YR 6 A 50 C M fine 'Type: C=Concentration, D=Depletlon, RM=Reduced Matrix, MS=Masked Sane! Grains. `Location: PL=Pare Lining, WMatrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: r Histosof (Al) _ Dark Surface (S7) _ 2 cm Muck (Al0) (MLRA 147) Histic Epipedon (A2) — Polyvalue Below Surface (SS) (MLRA 147,148) _ Coast Prairie Redox (Al 6) �. Black Histic (A3) _._. Thin Hark Surface (S9) (MLRA 147,148) (MLRA 147,1481 Hydrogen Sulfide (A4) — Loamy Gleyed Matrix (F2) — Piedmont Floodplain Solis (F19) Stratified Layers (A5) Depleted Matrix (F8) (MLRA 136,147) _ 2 cm Muck (A10) (LRR N) Redox Dark Surface (F6) _,,,,, Very Shallow Dark Surface (TF12) Depleted Below Dark Surface (All) _ Depleted Dark Surface (F7) Other (Explain in Remarks) 'thick Dark Surface (Al2) Aedox Depressions (F8) Sandy Mucky Mineral (Si) (Lail N, iron -Manganese Masses (F12) (LRR N, MLRA 147,148) MLRA 136) Sandy Gfeyed Matrix (S4) _ Umbric Surface (F13) (MLRA 136,122) 3indicators of hydrophytic vegetation and Sandy Redox (S5) Piedmont Floodplain Soils (Ft 8) (MLAA 148) wetland hydrology must be present, Stripped Matrix (S6) _ Red Parent Material (F21) (MLRA 127,147) unless disturbed or problematic. Type: Depth (inches):: Hydric Soil Present? Yes _- _ . No US Army Corps of Engineers Eastern Mountains and Piedmont- Version 2.0 WETLAND DETERMINATION DATA FORM— Eastern Mountains and Piedmont Region project/Site, Sunset Road --.__-- City/County: Charlotte, Mecklenburg Sampling Date: o9j1oji5 Applicant/Owner: BV Belk State: NC Sampling Point: DP 2 Investigator(s):. Huysman Bendy Isner Section, Township, Range: Landform (hil€slope, terrace, etc.): flat Local relief (concave, convex, none): concave Slope (%): 1 Subregion (LRR or MLRA): LRR P Lat: 35�30520 Long:-80.84369 Datum: WGS 84 Soil Map Unit Name: Helena NWI classification. Are climatic / hydrologic conditions on the site typical for this time of year? Yes _ No (if no, explain in Remarks.) Are Vegetation , Soil _ ., or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes ✓ No Are Vegetation Soil, ., or Hydrology. . naturally problematic? (If needed, explain any answers in Remarks_) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Is the Sampled ,area Hydric Soil Present? Yes _ ✓ _ No_ _ within a Wetland? Yes � No Wetiand Hydrology Present? Yes. e/ _ No- _ Remarks: WL Series WL Type Appx. Acreage 24 HR Weather Recent Weather HYDROLOGY Welland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators iminimum of one is required', check all h t I Surface Soil Cracks (B6) Surface Water (Al) True Aquatic Plants (B14) Sparsely Vegetated Concave Surface (138) High Water Table (A2) ve Hydrogen Sulfide Odor (Ci) ✓ Drainage Patterns (B10) Saturation (A3) Oxidized Rhizospheres on Living Roots (C3) . ✓ Moss Trim Lines (1316) Water Marks (81) Presence of Reduced Iron (C4) Dry -Season Water Table (C2) Sediment Deposits (B2) Recent Iron Reduction in Tilled Soils (C6) ✓ Crayfish Burrows (C8) — Drift Deposits (63) Thin Muck Surface (C7) Saturation Visibis on Aerial Imagery (C9) Algal Mat or Crust (B4) Other (Explain in Remarks) Stunted or Stressed Plants (D1) Iron Deposits (B5) Geomorphic position (D2) — Inundation Visible on Aerial Imagery (137) _ Shallow Aquitard (133) Water -Stained Leaves (89) Microtopographic Relief (D4) Aquatic Fauna (B13) FAG -Neutral Test (D5) Field Observations: Surface Water Present? Yes No ✓ Depth (inches): Water Table Present? Yes No ✓ Depth (inches): Saturation Present? Yes No ✓ Depth (inches): Wetland Hydrology Present? Yes No Includes ca illa fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont -- Version 2.0 VEGETATION (Five Strata) — Use scientific names of plants. Sunset Road Sampling Point: DP 2 Tree Stratum (Plot size: 30' ) Absolute % Cover Dominant Indicator Species? Status 1. Lflmus rubra 30 - Y FAC 2. Liauidambar sturaciflua 30 Y FAC 3. Fraxinus PennsvIvanica 20 Y FAU 4. Liriodendron tuAdera 10 N FACU 5. - Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 7 (A) Total Number of Dominant Species Across All Strata: $ (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 88 (AiB) 90 Total Cover Prevalence index worksheet: 50%of total cover: 45 20% of total cover: 18 Total % Cover of: Multiply by: 15 OBL Species z 1 Sapling Stratum (Plot size: Nvssa biflora 15 Y FAC FACW species x 2 = 1. 2. Corms SOD. 10 Y FAC FAC species x a = __ FACU species x 4 w 3. --R UPL species x 5 5. 6._ 25 = Total Cover 500/6 of total cover: 12.5 20% of total cover: 5 Shrub Stratum (Plot size: ) = Total Cover 50% of total cover: 20% of total cover - Herb Stratum (Plot size: 5) 1. Trillium arandiflorum 10 Y FAC 2. Rubus allepheniensis 5 Y FACU 11 Total Cover 50% of total cover: 7.5 20% of total cover: 3 Woody Vine Stratum (Plot size: 30' ) 1. Smilax rotundifolia 20 _ Y FAC 2._Toxicodendfon radicans 5 N FAC s. Parthenocissus auinauefolia 5 N FACU 30 = Total Cover 50% of total cover: 1 5 20% of total .cover: 6 rs here or on a separate sheet.) Column Totals: (A) (B) Prevalence index = B1A = Hydrophytic Vegetation Indicators: 0�1 - Rapid Test for Hydrophytic vegetation Ej 2 - Dominance Test is >50% a - Prevalence Index is 53.0' 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) 0 Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Five Vegetation Strata: Tree — Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and 3 in. (T6 cm) or larger in diameter at breast height (DBH). Sapling — Woody plants, excluding woody vines, approximately 20 ft (6 rn) or more in height and less than 3 in. (7,6 cm) DBH. Shrub — Woody plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. Herb — All. herbaceous (non -woody) plants, including herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately 3 It (1 m) in height. Woody vine — All woody vines, regardless of height. flydrophytic Vegetation Present? yes i3o US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 SOIL Sunset Road Sampling Point: DP z Profile Descriptiom (Describe to the depth needed to document the indicator or confirm the absence of Indicators.) Depth Matrix _ Redox Features (inches) Color {moist) _ _. % Color (moist) % Tvpe� Loci Texture Remarks T 0-1 16 YR 4 /2 100 fine 1-6 10 YR 6 /3 80 10 YR 3 /3 10 C M file 10 YR 4 /6 10 C M 6-16 10 YR 6 /1 70 10 YR 5 /6 15 C M fine 10 YR 6 /8 16 C M Hydric Soil Indicators: _ Histosol (Al) T Dark Surface (S7) Histic Epipedon (A2) _ Polyvalue Below Surface (S8) (MLRA 147,148) Black Histic (A3) Thin {lark Surface (89) (MLRA 147,148) Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) Stratified Layers (A5) ✓ Depleted Matrix (F3) 2 cm Muck (Al 0) (LRR N) _,_, Redox Dark Surface (F6) Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) Thick Dark Surface (Al 2) ___, Redox Depressions (F8) Sandy Mucky Mineral (S1) (LRR N, Iron -Manganese Masses (F12) (LRR N, MLRA 147,148) MLRA 136) _ Sandy Gleyed Matrix (S4) Umbric Surface (F13) (MLRA 136, 122) Sandy Redox (S5) _ Piedmont Floodplain Soils (F19) (MLRA 148) Stripped Matrix (86) Red Parent Material (F21) (MLRA 127,147) Restrictive Layer (if observed): Type: Depth (inches): Remarks: Indicators for Problematic Hydric Soils': 2 cm Muck (A10) (MLRA 147) Coast Prairie Redox (Al 6) (MLRA 147, 148) Piedmont Floodpiain Soils (F19) (MLRA 136,147) T Very Shallow Dade Surface (TF12) Other (Explain in Remarks) 'Indicators of hydrophyiic vegetation and wetland hydroiogy must be present, unless disturbed or problematic_ Hydric Soil Present? Yes V No US Army Corps of Engineers Eastern Mountains and Piedmont— Version 2.0 NC' 111W0 CtrAnm Irientifieaiion Form Version d-i 1 (Date: 09/10/15 � Be Investments pro ectlSite:5unset Road � 8 Latitude: 35- 4 Evaluator: Huysman Isner County: Mecklenburg Longitude:-80.84321 Total Points: Stream Determination (circle one) Other Derita Stream is at least intermittent 21.5 If 19 or erennial If 30k Ephemeral lntVrfittent Perennial M"1. e.g. Quad Name: A. Geomorphology Subtotal = 9 Absent Weak Moderate Strong V, Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ri pie -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Activelrelict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 1 0.5 1 1.5 11. Second or greater order channel No = 0 Yes = 3 artificial ditches are not rated; see discussions in manual R Hvrirnlnnv (.Riihtnfial = r,_r, 1 12. Presence of Base#low 0 1 2 3 13, Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.6 1 1.5 16. Organic debris lines or piles 0 0.5 1 1 1.5 17. Soil -based evidence of high water table? No M 0 Yes = 3 r.. Rininnv (.t iihtntM = 7 l 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24, Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Weiland plants in streambed FACW = 0.75; OBL = 1.5 Other 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: 4 1111 L 1000 <_� Strum Form i 2 1 1 1 0 0 0 3 0.5 0.5 0 1 0 1 0 0.5 3 3 3 0 0 0 1 0 0 0 U.S. ARMY CORPS OF ENGINEERS WII,MINGTON DISTRICT Action I.D.: SAW-2009-0I478 County: Mecklenburg U.S.G.S. Quad: NC-Derita NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: BV Belk Address: 204-C West Wood lawn Rd Charlotte, North Carolina 28217 Telephone No.: FIL E copy Property description: Size (acres): 7.9 Acres Nearest 'Town: Charlotte Nearest Waterway: Irwin Creek River Basin: Catawaba Coordinates: Hydrologic Unit Code: 03050103 Lower Cataba Location Description. The site is located east of the intersection of Sunset Road and I-77 at 5300 Milhaven Lane, Charlotte, NC Coordinates: 35.3053,-80,8422 Indicate Which of the Follow iny_ Apply: A. Preliminary Determination Based on preliminary information, there may be waters and wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). ). If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are waters and wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed Five years from the date of this notification. _ We strongly suggest you have the waters and wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. The waters and wetlands on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. — The waters and wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X 'There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Action Id.: SAW-20O9-01478 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact William Elliott at 828-271-7980. C. Basis For Determination The site contains no wetlands as determined by the 1987 Corps of Engineers Welland Delineation Manual and the Interim Regional Supplement to the Corps of Engineers Wetlands Delineation Manual. Eastern Mountain and Piedmont Region. There are not stream channels located on the property that exhibit indicators of ordinary high water marks. The nearest stream channel is known as Irwin Creek which flows into the Catawaba River. D. Remarks: No Jurisdictional "Waters of the US" have been identified on this property as depicted by submitted Jurisdictional Request Package on file. E. Attention USDA Program Participants This delineationldetenmination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The d e I i neat i on/dete rm i n at ion may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in H. above) Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room I GM 15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60 days of the issue date below. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: William Elliott Issue Date: June 24, 2015 Expiration Date: June 23, 2020 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at hqp://per2.nmM.usace.arrny.mil/survey.httnl to complete the survey online. CF: Chris Huysman, 170 Dew Drop Road, Sparta, NC 28675 2 NOTIFICATION OF ADMINISTRXI'I PPEAL OPTIONS AND PROCESS AND REQ1JEST FOR APPEAL-7 -- Applicant: BV Belk File Number: SAW-2009- Date: June 24, 20I5 DI47$ Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter of rmission) A PROFFERED PERMIT Standard Permit or Letter of Ermissian B PERMIT DENIAL C X APPROVED J[RISDICTIONAL DETERMINATION D E PRELIMINARY JURISDICTIONAL DETERMINATION SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.anny.mil/CECWIP +rslreg_materials.aspx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for fmal authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. ■ OBJECT: If you object to -the permit (Standard or LOP) because of certain terns and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terns and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. ■ APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new inforination for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITL4L PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record ADDITIONAL. INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may process you may contact: also contact: William Elliott, Project Manager Mr. Jason Steele, Administrative Appeal Review Officer USACE, Asheville Regulatory Field Office CESA❑-PDO 151 Patton Ave U.S. Army Corps of Engineers, South Atlantic Division RM 208 60 Forsyth Street, Room I OM IS Asheville, NC 28801 Atlanta, Georgia 30303-8801 828-271-7990 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Tclephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attu: William Elliott, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room IOM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 M Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: 5300 Milhavan Lane City, State: Charlotte, NN 220269 County: Modde^Wrs, MC Directions: Cast x rtnisraeiz6on of Sunset goad and 1.77. Saulh an Mahaven. see an 'en. Parcel Index Nuinber(s) (PIN): 04124203 and 0A124204 B. REQUESTOR INFORMATION Name: Mailing Address: Telephone Number: Electronic Mail Address: Chris Huysman 1 7% 0 Dew Drop Road. Spara, NC 28575 4 336 4()6.MG oris-huysrr-an@rwetiand-consullaMs.com Select one: ❑ I am the current property owner. I am an Authorized Agent or Environmental Consultant ❑ Interested Suer or Under Contract to Purchase ❑ Other, please explain. r Yr7i:�:iaT:ils �iT:iuTr V 1114 1 Z Name: Mailing Address: eV Be* 2d4-c West Woodlawn Rd Charlotte. NC 28217 Telephone Number: Electronic Mail Address3: Proof of Ownership Attached (e.g. a copy of Deed, County GIS[Parcel/Tax Record data) ' If available Must attach completed Agent Authorization Form If available Version: December 2013 Page 3 rurisdictional Determbiation Request D. PROPERTY OWNER CERTMCATION 4 1, the undersigned, a duly authorized owner of'record of the property,'properties identified herein, do authorize representatives of the Wilnungton District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with WaterS of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899, Property Owner (please print) Hate Property OWnar Signature E. JURISDICTIONAL DETERAIrl NATION TYPE Select Cane: 1 am requesting that the Corps pro�.-ide a re imin r 1D for the property identified herein. This request does include a delineation. i am requesting that td`te Corps provide a prelimin?ry ID for the property identified herein. This request does NOT include z delineation. I am requesting that the. Corps investigate the property/project area For the presence or absence of WoUSs and provide an approved 3D for the property identified herein. This request does NOT include a request for a verified delineation. 1 am requesting that the Corps delineate the boundaries of all WoUS on a property/project area and provide an approved JD (this may or may not include a survey plat). l am requesting that the Corps evaluate and approve a delineation of WoUlS {conducted by others) on :t properry/project area and provide an approved J (mayor may not include a survey plat). For NCDOirequests foVDwing the current NCOOT/USAC£ PMWCvfs, skip to Part E. 5 Waters of t`e United States Version: December 2013 Page 4 jurisdictional Determination Request D. PROPERTY OWNER CERT1rF1(CATION4 I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U,S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Property Owner (please print) Property Owner E. .JURISDICTIONAL DETERMINATION TYPE Select One: Date I am requesting that the Corps provide a preliminary JD for the property identified herein. This request does include a delineation. T am requesting that the Corps provide a pLelirnina JD for the property identified herein. This request does NOT include a delineation. I am requesting that the Corps investigate the property/project area for the presence or absence of WoUS5 and provide an Vnroved JD for the property identified herein. This request does NOT include a request for a verified delineation. I am requesting that the Corps delineate the boundaries of all WoUS on a property/project area and provide an =roved JD (this may or may not include a survey plat). I am requesting that the Corps evaluate and approve a delineation of WoUS (conducted by others) on a property/project area and provide an amoved JD (may or may not include a survey plat). For NCDOF requests following the current NCOo7/USACE pratacois, skip to Part E. s Waters of the United States Version: December 2013 Page 4 Jurisdictional Determination Request F. ALL REQUESTS Map of Property or Project Area (attached). This Map must clearly depict the boundaries of the area of evaluation. 21 Size of Property or Project Area T9 acres acres Q. f verify that the property (or project) boundaries have recently been surveyed and marked by a licensed land surveyor OR are otherwise clearly marked or distinguishable. G. JD REQUESTS FROM CONSULTANTS OR AGENCIES (I i Preliminary JD Requests: 0 Completed and signed Preliminary Jurisdictional Determination Form6. n✓ Project Coordinates: 35.30665 Latitude-80.84389 Longitude Maps (no larger than l W T) with Project Boundary Overlay: Large and small scale maps that depict, at minimum: streets, intersections, towns Aerial Photography of the project area USGS Topographic Nlap Z Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, F)EMA f3oodplain maps) See Appendix Aof this form. From Regulatory Guidance Letter No. 08-02, dated June 26, 2009 Version. D cember 2013 Page 5 Jurisdictional Determination Request Delineation Information (when applicable)': Wetlands; ❑ Wetland Data Sheetss Tri butaries: ❑ USACE Assessment Forms aUpland Data Sheets ❑ other Assessment Forms (when appropriate) aLandscape Photos, if taken Ftel Field Sketch overlain on legible Map that includes: • All aquatic resources (for sites with multiple resources, label and identify) * Locations of wetland data points and/Dr tributary assessment reaches Locations of photo stations ■ Approximate acrea¢6linear footage of aquatic resources (2) Approved ]Ds including Verification of a Delineation: ❑ Project Coordinates: Latitude Lonwirude Maps (no larger than 1 1 x 17 i with Project Boundary overlay: ❑ Large and small scale maps that depict, at minimum: streets, intersections, towns ❑ Aerial Photography of the project area ❑ USGS Topographic Map ❑ Soil Survey Map ❑ other Maps, as appropriate (e.g. National Wetland Inventors Map, Proposed Site flan, previous delineation maps) 1987 Manual Regional Supplements and Data forms can be found at: hitn llwww.u5are.army.mollMissions]Ciw?Works-/Ref—utaiMPropramandPermits(reg supp.aspx Wetland and Stream Assessment Methodologies can be found at: hitp:l/Aartal.ncdenr.oFglJdocument librarylget file?uuid=76f3c5Bb-dab8-4960-ba43-45b7fafo6f4c&ikroupld=38364 and, htto:l/wk%k-saw.usace.army rnWPartalsj59/doi e ul tnryj ublicnoUce5J2D13JhC$AM Draft_ User Manual 13Q318.pdf s Detineation information must include, at minimum, one wetland data sheet for each wetland/community type. Version: December 2013 Page 6 Wetland and Natural Resource Consultants, Inc. January 12, 2015 WNR Project #: LDP-1001-14-Sunset US Army Corps of Engineers Asheville Regulatory Field Office Attn: Mr. William Elliott 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Re: Jurisdictional Determination Request Milhaven Lane — 7.91 acres Mecklenburg County (Parcel ID: 04124203, 04124204) Milhaven Lane, Charlotte, Mecklenburg County, NC William: Wetland and Natural Resource Consultants, representing BV Belk Properties, is requesting issuance of a Jurisdictional Determination far the above referenced property. The property is located on Miihaven Lane near the intersection of Sunset RdJUS 21 and 1-77 in Charlotte, Mecklenburg County, NC. The contact for this request is Mr, Randy Smith and he can be reached at 704-562-0203. WNR completed a detailed delineation of the subject property in January 2015. After field investigation, no jurisdictional features were identified on this site. (See attached data forms) Please review the attached documentation and figures and issue either a letter that states 'no wetlands', or a letter that states 'no wetland permit is needed to develop the site.' Documentation including Wetland/ Upland Data Forms, and supporting maps and figures is enclosed for your reference. Attachments: 1. Agent Authorization Form 2. Preliminary Jurisdictional Determination Request Form 3. Tax Parcel Map 4. USGS topographic Map 5. Approximate Waters Map Sparta Office jrce 170 Dew Drop Road Sparta, NC 28613 Phone_ 336406-0906 6. Soil Survey Map 7. NWI Map B. Stream Classification 9. Wetland Data Forms Please correspond if we need to provide any additional assistance or information necessary to assist you with your review. Sincerely, %N Chris Huysman Sparta Office 170 pew Drop Road Sparta, NC 2867S Phone: 336-406-0906 Elliott, William A SAW To: Chris Huysman Subject: SAW 2009-01478 BV Belk JD Chris Please send me the 7D request form for this project. William Elliott Regulatory Specialist US Army Corp of Engineers Asheville Regulatory Field Dffice 151 Patton Ave, Room 208 Asheville, NC 28801 Phone: 828 271 7980, ext 224 Fax: 828 281 8120 The Wilmington District is committed to providing the highest level of public support. Please vist our website at: http:llwww.saw.usace.army.mil/Missions/RU ulatoryPermitProgram.aspx Please assist us in better serving you! Please complete the customer survey by clicking on the following link: http:llper2.nwp.usace.army.mil/survey.html L�A fait I ' I CC �� • R s POLARIS 313 PARCEL OWNERSHIP AND GIS SUMMARY Date Printed: Identity Parcel ID GIS ID 04124203 104124203 Property Characteristics Legal desc N1A Land Area 6.51 AC Fire District CITY OF CHARLOTTE Special District Account Type INDIVIDUAL. Municipality CHARLOTTE Property Use COMMERCIAL 01 /07/2015 Ownership Owner Name Mailing Address BASCOM V JR BELK 204-C WEST WOODLAWN RD CHARLOTTE NG 28217 HARRIET C BELK 204-C WEST WOODLAWN RD CHARLOTTE NG 28217 Deed Reference(s) And Sale Price Deed I Sale Date j Sale Price 03315-035 09/20/1971 1$0.00 Site Location Charlotte Historic District No Zoning Charlotte 6/30/2011 Annexation Area I No Contact appropriate Planning Department or see Map. Post Constnuctlon District Water Quality Suffer Stream Watershed Districts I -Parcel Inside Water duality Buffer INo. Watershed Name INA FEMA and Community Floodpialn FEMA Flood Zone OUT:VIEW FEMA FLOODPLAIN TO VERIFY Community Flood OUT:VIEW COMMUNITY FLOODPLAIN Zone TO VERIFY Sltus Addresses lied to Parcel MILHAVEN LN CHARLOTTE Regulated Drtnkinp Watershed Districts Watershed Nama NA Watershed Class I NA This map or report Is prepared for the inventory of real property within Mecklenburg County and Is compiled from recorded deeds, plats, tax wraps, POLARIS 3G PARCEL OWNERSHIP AND GIS SUMMARY Date Printed Identity Parcel ID I GIS ID 04124204 104124204 Property Characteristics Legal desc N1A Land Area 1.4 AC Fire District CITY OF CHARLOTTE Special District Account Type INDIVIDUAL Municipality CHARLOTTE Property Use FOREST - COMMERCIAL PRODUCTION 01 /12/2015 Ownership Owner Name Mailing Address B V JR BELK 204-C WEST WOODLAWN RD CHARLOTTE NC 28217 CIO B V B PROPERTIES 204-C WEST WOODLAWN RD CHARLOTTE NC 28217 Deed Reference(s) and Sale Price Dead Sale Date I Safe Price 05062-851 07/31 /1985 1$14,500.00 Site Location Charlotte Historic District No Charlotte 613o12011 Annexation Area lNo Zoning Post Construction District Contact appropriate Planning Department or see Map, Stream Watershed Districts Water Duality Buffer Watershed Name INA Parcel Inside Water ❑uality Buffer INo FEMA and Community Floodplain FEMA Flood Zone OUT:VIEW FEMA FLOODPLAIN TO VERIFY Community Flood OUT:VIEW COMMUNITY FLOODPLAIN Zone TO VERIFY Sttus Addresses Tied to Parcel MILHAVEN LN CHARLOTTE Regulated Drinking Watershed Districts Watershed Name NA Watershed Class INA This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, Parcel 04124204 Boundary Map Date Printed: 1/1212015 3:16:04 PM Parcel 04124203 Boundary Map Date Printed: 1/7/2015 11:34:41 AM p T �pj c m �1 Q m N C W Q p m ❑ l[3 Or [I7 LJ �mm � Ao C — w L7 7 — tn -C m �j5 LL e � o � 7 � N p LL LO 04 (V y 04 N � c.� U N sN ~ @ v N_ Lr--_ CD 0 aO p U IM p Y � N m r b y V a Lil (a I a C 0 :r rm a° L) 0 CCle ] J 1 4) U Z t G N LO � J � Q im - ❑ L m W C @ m -a ce m m m m 3V 191TN Soil Map —Mecklenburg County, North Carolina (Parcel: 04124203, 04124204) 5:ASJJ ,laliU 51400 ],4--!c 514100 51413D 514160 514190 514220 514250 3 Mp Sole: 1:fi430If prrttEd an A pa b (8.5" x 111 N l�s 0 20 40 80 7�i] 0 50 100 200 30r Map projec5m: Web Mercator Corneroxr&OUs: VVGS64 Edge tits: LrrM Zone 17N VVGS84 Natural Resources Web Soil Survey WM Conservation Service National Cooperative Soil Survey 5142M R 1/12/2015 Page 1 of 3 Z 0 a z IL m m C_ cb C a .0 m 7 _ 12 ❑ C m c 8 $ �`❑� c m m m 'am m E N � C :E_❑�EE m'a m m m w m e o0, v m v c El a E E m N m Li E a$ m `o o " � m m m m E v, °L �� z rev CL EU_ (/} rn m y 7 Z d co w cc a a L cn Q pa c C m r a a�CL.L) 1 }@j� mm m z E m a $ w eon �cn'm �= �^E N mm N m m C L@ m m a m [n m 67 m d �U l7 2 a— OL t m HA 'p CI)� y s � o N a ®o = C Q7 -Lm L m N m N i LL Hwy � 6 ? L e1 G n E ma i i m 4i ov Cc,. O N 6 m i E o v ID s {{pp C o F �$ L C r L a t 'a 3 I E i N wa Q ,a m �EE i� ❑ N F S E `o m m m T LL U r T 0 0 C_ J N W E 3 os , o a L d C w in � m 25 � N a m v a r c � ® yy Ti1 m r m o p v Y � L F m ❑ N a� N N pp G 7 :S 7 ... m G T2 0 15 �2 11 LL �1 mVm C7 rO� C L m e m O N O [f7 O C V 0 O m O m C] _ U C7 L C7 J q 1 `C C � N � m d ❑ R' 1p 0 [' m C v 0 0 0 0 a N kD m Q ❑ N N m Cb �a Soil Map —Mecklenburg County, North Carolina Parcel: 04124203. 04124204 Map Unit Legend Mecklenburg County, North Carolina (NC 119) Map Unit Symbol Map Unit Name Acres In A0l Percent of A01 CeB2 Cecil sandy day loam, 2 to a 6.2 78.3% percent slopes, moderately eroded CeD2 Cecil sandy clay loam, 8 to 15 0.1 1.8% percent slopes, moderately eroded HeB Helena sandy laam, 2 to 8 1.6 19.9% percent slopes _ 8.0 Totals for Area of Interest Natural Resources Web Soil Survey 1112/2015 °'""M Conservation Service National Cooperative Sal Survey Page 3 of 3 WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Region Project/Site: 5unse# Road City/County: Mecklenburg Sampling Date: 2015 01 o6 Applicant/Owner: Randy Smith State- NC Sampling Point. upland 2 investigator(s): Huysman Bandy Section, Township, Range: Landform (hillslope, terrace, etc.): flat Local relief (concave, convex, none): concave Slope (%): 1 Subregion (LRR or MLRA): LRR P Lat: 35.305362 Long: -$0.844031 Datum: WGS 84 Sail Map Unit Name: Chewacla NWI classification: None Are climatic 1 hydrologic conditions on the site typical for this time of year? Yes _ No (If no, explain in Remarks.) Are Vegetation _ Soil. or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation Soil. or Hydrology. naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes _ _ No is the Sampled Area Hydric Soil Present? Yes _ No _ within a Wetland? Yes No Wetland Hydrology Present? Yes. �/ _ No - Remarks: not a wetland WL Series data point flagged none WL Type Appx. Acreage 24 H R Weather Light rain within 48 hours. 35 Fahrenheit Recent Weather normal HYDROLOGY Weiland Hydrology Indicators: Secondary Indicators (minimum of two require�) Primary Indicators {minimum of one is required; check all that apply) _ _ Surface Soil Cracks (136) Surface Water (At) True Aquatic Pi ants (B14) _ _ Sparsely Vegetated Concave Surface (98) High Water Table (A2) Hydrogen Sulfide Odor (C1) Drainage Patterns (B1 D) +�. Saturation (A3) oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (B16) Water Marks (Bt) Presence of Reduced Iran (C4) Dry -Season Water Table (C2) Sediment Deposits (82) Recent Iron Reduction in Tilled Soils (C6) Crayfish Burrows (CS1 T Drift Deposits (B3) Thin !Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) Algal Mat or Crust (B4) Other (Explain in Remarks) Stunted or Stressed Plants (DI) Iron Deposits (B5) Geomorphic Position (132) Inundation Visible on Aerial Imagery (K) Shallow Aquitard (D3) Water -Stained Leaves (139) Microtopographic Relief (D4) Aquatic Fauna (Bt 3) FAG -Neutral Test (❑5) Field Observations: Surface Water Present? Yes No Depth (inches): 1 Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): 1 f Wetland Hydrology Present? Yes Noy includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections); if available: Remarks: Saturation observed outside of the growing season. This is an area that is assessed to be infrequently flooded for brief duration. An existing sewerline restricts flow through the valley; it drains at a slower rate than if the conditions were natural. Water table is not: present within top 18 inches, this is a surface system that does not meet duration requirements. US Army Corps of Engineers Eastern Mountains and Piedmont— Version 2.0 LD P-1001-14 Sunset VEGETATION (Five Strata) — Use scientific names of plants. Tree Stratum {Plot size: 30 Absolute Dominant Indicator 3 I Cover Spgcies? - flatus 1. Acer rubrum 20 Y FAG 2_ Fraxi.nus Aennsirlvanica 10 Y FACV 3 4 6 50% of total cover: 10 Sapling Stratum (Plot size: 1 5 ' J #. Acer rubrum 2. 3. 4, S. Shrub Stratum (Plot size 1. 2. 3, 4. 20 = Total Cover 20 % of total cover: 4 15 Y FAG 15 = Total Cover 50% of total cover. 7.5 20% of total cover: 3 501 of total cover: Herb Stratum (Plot size: j 1. 2. 3. 7 501 of total cover: WOody_Vine Stratum {Plot size: 30' j 1. Vitus rotundifolia 5 2. Smilax rotundifolia 5 3. 4. 5. I otal Cover 201 of total cover: = Total Cover 201 of total cover: Y FAG Y FAG Sunset Road Sampling Point: upland 2 tominanc9 Test worksheet: Number of Dominant Species That Are CBL, FACW, or FAC: 4 (A) Total Number of Dominant Species Across All Strata: 4 ($) Percent of Dominant Species Thai Are OBL, FACW, or FAC: 100 (AIS) Prevalence Index wo►ksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = IJPL species x 5 = Golumn Totals: (A) (B) Prevalence Index = BIA — Hydrophytic Vegetation Indicators: ❑ 1 - Rapid Test for Hydrophytic Vegetation ❑� 2 - Dominance Test is >501 ❑ 3 - Prevalence Index is 53.0' ❑ 4 - Morphological Adaptations' (Provide supportin¢ data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 'indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Deflnitlons of Five Vegetation Strata: Tree — Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and 3 in. (7.6 cm) or larger in diameter at breast height (DBH). Sapling -- Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. Shrub -- Woody plants, excluding woody vines, approximately 3 to 20 tt (1 to 6 m) in height. Herb — All herbaceous (non -woody) plants, including herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately 3 ft (1 m) in height. Woody vine — All woody vines, regardless of height. nyuropriyuc 10 = Total Cover Vegetation 50% of total cover: 5 20 Io of total cover: 2 Present? Remarks: (Include photo numbers here oron a separate sheet,) v small area that does not drain well, created by existing sewerline, but for ash, not wet vegetation Yes t/ Mo US Army Corps of Engineers Eastern Mountains and Piedmont— Version 2.0 LDP-1001-44 Sunset SOIL Sunset Road Sampling Point: upland 2 Profile Description: (Describe to the depth needed to document the Indicator or confirm the absence of inoicators.) Depth Matrix _ Redox Features finchesl Color [moist] % Color {moist) °/° Type Loc' Texture Re 0-3 10 YR 4 /2 100 fire 3-18 10 YR 5 13 70 7.5 YR 5 I6 30 C fine 'Type: C=Concentration, D=De lellon, RM=Reduced Matrix MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydrlc Soil Indicators: Indicators for Problematic Hydric SoIW: _ Histosok (Al) _ Dark Surface (S7) — 2 cm Muck (A10) (MLRA 147) Histic Epipedon (A2) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ Coast Prairie Redox (A16) . Black Hlstic (A3) _ Thin Dark Surface (S9) (MLRA 147, 148) (MLRA 147, 148) Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) _ Piedmont Floodpfain Soils (F19) Stratified Layers (A5) Depleted Matrix (F3) (MLRA 136, 147) _ 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6] _ Very Shallow Dark Surface (TF12) Depleted Below Dark Surface (Al I) _ ._. Depleted Dark Surface (F7) Other (Explain in Remarks) _ Thick Dark Surface (Al2) Redox Depressions (F8) _ Sandy Mucky Mineral (S1) (LRR N, Iron -Manganese Masses (F12) (LRFl H, MLRA 147, 148) MLRA 136) _ Sandy Gleyed Matrix (S4) _ Umbric Surface (F13) (MLRA 136, 122) 31ndicators of hydrophytic vegetation and Sandy Redox (S5) _ Piedmont Floodplain Soils (F19) (MLRA 148) wetiand hydrology must be present, Stripped Matrix (S6) Red Parent Material (F21 ) (MLRA 127, 147) unless disturbed or problematic. Restrictive Layer (if observed): Type: r✓ Depth (inches): Hydrlc Soil Present? Yes No Remarks: Does not meet F3 or FC. The system is not a closed depression US Army Corps of Engineers Eastern Mountains and Piedmont— Version 2.0 WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Region Project/Site: Sunset Road City/County: Mecklenburg Sampling Date: 2015 o1 o6 ApplicanVOwner: Randy Smith State: NC Sampling Point: upland 1 Investigator(s): Hu smart Bandy Section, Township, Range: Landform (hillslope, terrace, etc.): flat Local relief (concave, convex, none): concave Slope (%): 1 Subregion (LRR or MLRA): LRR P Lai: 35.30604 Long:-80-844083 Datum: WGS 84 Soil Map Unit Name: Chewacla NWI classification: None Are climatic J hydrologic conditions on the site typical for this time of year? Yes _ No (If no, explain in Remarks.) Are Vegetation _ Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes 00� No Are Vegetation Soil or Hydrology. naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transacts, important features, etc. Hydrophytic Vegetation Present? Yes _ _ No Is the Sampled Area Hydric Soil Present? Yes. No_ We _ within a Wetland? Yes No Wetland Hydrology Present? Yes _ _ No _ vO _ Remarks: not a wetland WL Series data point flagged WLTe Appx. Acreage 'one 24 H R Weather Light rain within 48 hours. 35 Fahrenheit Recent Weather normal HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two reauired) Phmary Indicators minimum of one is re uired• check all th t I ` Surface Soil Cracks (86) Surface Water (Al) True Aquatic Plants (B14) Sparsely Vegetated Concave Surface (68) High Water Table (A2) Hydrogen Sulfide Odor (C1) Drainage Patterns (B10) Saturation (A3) Oxidized Rhizospheres on Living Roots (C3) Moss Trim Lines (B16) Water Marks (B1) Presence of Reduced Iron (C4) Dry -Season Water Table (C2) Sediment Deposits (82) Recent Iron Reduction in Tilled Soils (C6) •r Crayfish Burrows (08) Drift Deposits (83) Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) Algal Mat or Crust (134) other (Explain in Remarks) _ Stunted or Stressed Plants (D1) Iron Deposits (65) Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (137) ` Shallow Aquitard (D3) _ Water -Stained Leaves (69) Microtopographic Relief (D4) Aquatic Fauna (B13) FAG -Neutral Test (D5) Field observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): Wetland Hydrology Present? Yes No includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections). if available: Remarks: Saturation observed outside of the growing season US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 LDP-1001-14 Sunset Sunset Road VEGETATION (Five Strata) — Use scientific names of plants. Sampling Point: upland 1 Absolute Dominant Indicator ❑omInance Test worksheet: Tree Stratum (Plot size: 30' ] ° Cover Species? Status Number of Dominant Species 1. Acer rubrum 20 Y FAC That Are OBL, FACW, or FAC: 5 (A) 2. Total Number of Dominant 50% of total cover: 10 SSgpa ling Stratum (Plot size' 15 ] t. Acer rubrum 2. 3, 4. 5, Species Across All Strata- 5 (B) Percent of Dominant Species That Are OBL, FACW, or FAC. 100 (AIB) 20 Total Cover Prevalence Index wo►ksheet: _ 20% o} total cover: 4 Total 14 Cover of: Multiply by: OBL species x 1 = 15 Y FAC FACW species FAC species x 2 = x 3 = FACU species x 4 = L1PL species x 5 - Column Totals: (A) (B) 6. Prevalence Index = BIA = 15 = Total Cover Hydrophytic Vegetation Indicators: 50% of total cover: 7.5 20% of total cover: 3 ❑ 1 - Rapid Test for Hydrophytic Vegetation Shrub Stratum (Plot site: 15 2 - Dominance Test is >50% t. Alnus serrulata 60 Y OBL Q 3 - Prevalence Index is s3.0' 2 ❑ 4 - Morphological Adaptations' (Provide supporting 3. data in Remarks or on a separate sheet) 4. Problematic Hydrophytic Vegetation' (Explain) 5. , 50% of total cover: 30 Herb Stratum (Plot size: 5' j 1. 3. 4. 5. iA i0. 11. 50% of total cover: Woody Vine Stratum (Plot size: 30` ) 1. Vitus rotundifolia 2--Smilax rotundifolia 3. Lonicera iaponica 4, 5. Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. 60 = Total Cover Definitions of Five Vegetation Strata: W 20% of total cover: 12 Tree - Woody plants, excluding woody vines, approximately 20 It (6 m) or more in height and 3 in. (7.6 cm) or larger in diameter at breast height (DBH). Sapling - Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less than 3 in. (7-6 cm) DBH. Shrub - Woody plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. He►b - Ali herbaceous (non -woody) plants, including herbaceous vines, regardless of size, and woody = Totaf Cover 20% of total cover: 5 Y FAC 5 Y FAC 5 Y FAC 10 = Total Cover 50% of total cover: 5 20% of total cover: 2 Remarks: (Include photo numbers Here or on a separate sheet.) - small pocket of tag alder within a larger complex that supports tulip poplar, plants, except woody vines, less than approximately 3 ft (1 m) in height. I Woody vine - All woody vines, regardless of height. Hydrophytic Vegetation Present? Yes No US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 LDP-1001-14 Sunset Sunset Road SOIL Sampling Point upland 1 Protile Description: (Describe to the depth needed to document the Indicator or confirm the absence of indicators.) Depth Ma rix Redox Features (inches) Color (moist) % Colgr Imaist] % Type' Loc' Texture _Remarks 0-6 10 YR 3 13 100 fine 6-12 10 YR 5 14 45 T5 YR 4 14 50 fine 10 YR 3 11 5 C Clay 12-18 10 YR 5 13 80 10 YR 6 11 20 C fine 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix. MS=Masked Sand Grains Hydric Soil Indicators: Histosol (Al) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (AS) 2 cm Muck (A10) (LRR N) Depleted Beiow Hark Surface (A11) Thick Dark Surface (At 2) Sandy Mucky Mineral (51) (LRR N, MLRA 147, 148) Sandy Gleyed Matrix (S4) Sandy Redox (S5) Stripped Matrix (SS) Ictive Layer (if observed): Type: Depth (inches) Remarks: �Locati_on: PL=Pore Lining, M-Matrix, Indicators for Problematic Hydric Soils': Dark Surface (S7) _ 2 cm Muck (A10) (MLRA 147) Polyvalue Below Surface (S8) (MLRA 147, 148) _ Coast Prairie Redox (A16) Thin Dark Surface (S9) (MLRA 147, 148) (MLRA 147, 148) Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Soils (F19) Depleted Matrix (F3) (MLRA 136, 147) Redox Dark Surface (F6; _ Very Shallow Dark Surface (TF12) Depleted Dark Surface (F7) Other (Explain in Remarks) Redox Depressions (F8) Iron -Manganese Masses (F12) (LRR N, MLRA 136) Umbric Surface (F13) (MLRA 136, 122) 3lndicators of hydrophytic vegetation and Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, Red Parent Material (F21) (MLRA 127, 147) unless disturbed or problematic. Hydric Soil Present? Yes No f US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0