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HomeMy WebLinkAbout20200405 Ver 2_Permit_Amendment_20211109_20211112H�2 hdrinc.com November 8, 2021 Mr. Bryan Roden -Reynolds U.S. Army Corps of Engineers Wilmington Regulatory District Charlotte Regulatory Field Office 8430 University Executive Park Drive, Suite 611 Charlotte, North Carolina 28262 Mr. Alan Johnson NC Division of Water Resources 401 & Buffer Permitting Unit 512 North Salisbury Street Raleigh, North Carolina 27604 Subject: Stowe Regional Water Resource Recovery Facility & Associated Infrastructure Projects (SAW-2019-01988, DWR # 20-0405) Clean Water Action Section 404/401 Permit Modification Mr. Roden -Reynolds and Mr. Johnson, The Stowe Regional Water Resource Recovery Facility (RWRRF) & Associated Infrastructure Projects (the Project) is proposed to be a regional water resource recovery facility (RWRRF) (Appendix A, Figure 1). Over a series of construction and implementation phases, the Project would provide regional wastewater treatment capacity for existing customers and for anticipated population growth in northwestern Mecklenburg County and eastern Gaston County by treating wastewater from Mt. Holly, Belmont, Clariant, and the Long Creek Basin in Mecklenburg County. In May of 2020, the United States Army Corps of Engineers (USACE) and the NC Department of Environmental Quality (NCDEQ) Division of Water Resources (DWR) issued a CWA Section 404 permit for Nationwide Permits (NWP) 12 and 14 (SAW-2019- 01988) as seen in Appendix B and a CWA Section 401 Water Quality Certification 4139 (DWR #20-0405) as seen in Appendix C, respectively. The USACE requested that the Applicant submit a project -wide Section 10 and Section 404 application to include future phases beyond the initial phase that proposed impacts to Waters of the U.S. (WoUS). HDR Engineering Inc. of the Carolinas (HDR) has provided Clean Water Act (CWA) Section 404/401 permitting services as well as natural resources investigations to Charlotte Water to support project development. 440 S Church Street, Suite 1000, Charlotte, NC 28202-2075 (704) 338-6700 Stowe RWRRF & Associated Infrastructure Projects Permit Modification I SAW-2019-01988 Project design changes have required and expansion to the Project Boundary (Appendix A, Figure 1) as well as updates to the approved permits, which are discussed herein. Jurisdictional Determination: The USACE issued an Approved Jurisdictional Determination on July 31, 2020 (Appendix D). On September 3rd, 2021 environmental scientists from HDR investigated approximately 95 additional acres of the Project Site and documented three (3) streams and (1) wetland which totaled an additional 1,608 linear feet of stream and 0.15 acres of wetland. These additional features will be avoided from impacts. A Preliminary Jurisdictional Determination request to include these additional features in the expanded Project Boundary can be found in Appendix F. Protected Species Known populations of Helianthus schweinitzii exist in the powerline easement as seen in Figure 2 (Appendix A). Environmental scientists with HDR visited a known reference population of the species on September 13th, 2021, prior to conducting species specific surveys during the flowering window of the expanded Project Boundary. The exiting known populations of Helianthus schweinitzii were confirmed and the remainder of the powerline easement, as well surrounding area was surveyed for additional populations — none were observed. For revised Impact 2 discussed below (location shift of HDD alignment), the laydown area as well as the tailings for the horizontal directional drilling (HDD) will occur approximately 50' away from these known populations to ensure their protection. Measures will be put in place, such as extra erosion control fencing and orange tree protection fencing around the existing known populations; no direct or indirect impacts to this population are anticipated. Therefore, no impacts to federal or state protected species are anticipated. Original Proposed Impacts (SAW-2019-01988 and DWR# 20-0405) Total project impacts that were approved across all three phases are summarized in Table 1, and approved Phase I project impacts are summarized in Table 2. Page 12 Stowe RWRRF & Associated Infrastructure Projects Permit Modification I SAW-2019-01988 Table 1. Total Project Impacts for Phase 1-3 Impact Type Total Section 10/404 Stream Impacts: Total Section 404 Wetland Impacts: Total Non -Section 404 Isolated Wetland Impacts: *estimated surface water impact amount. Table 2. Proposed Phase 1 Impacts Total (ac) <0.10 ac* 0.20 ac 0.22 ac Impact Number 1 2 3 Feature Type' Wetland 10 (PEM) Catawba River Figure/ Plansheet (Appendix Regulatory Authority ■ Figure 6/ Section 404 Plansheet 1 Figure 6/ Plansheet 2 Wetland 5 Figure 7/ (PEM) Plansheet 3 Section 10/404 Impact Type NWP No. Grading and Fill 12 HDD beneath Catawba River 12 Phase la 1a Total (ac) n/a Section 404 Fill 14 1 b 0.01 4 Wetland 6 Figure 7/ (PEM) Plansheet 3 Section 404 5 Wetland 8 (PFO) Figure 8/ Plansheet 4 Non -Section 404- Isolated Fill 14 1 b 0.04 Fill n/a* 1 b Wetland 6 12 (PFO) Figure 9/ Plansheet 5 Section 404 Fill 14 1 b Total Section 10/404 Stream Impacts: Total Section 404 Wetland Impacts: Total Non -Section 404 Isolated Wetland Impacts: A nationwide permit is not required for non -section 404 isolated waters 1Cowardin Classifications: PEM = Palustrine emergent wetland; PFO = Palustrine forested wetland 0.04 0.11 n/a 0.20 ac 0.04 ac A 2:1 wetland mitigation ratio was approved for the 0.2 acre of wetland impacts proposed in Phase I (Impacts 1, 3, 4, and 6) for a total of 0.4 wetland mitigation credits. The mitigation transfer letter allocating credits for these impacts is attached in Appendix D. Isolated, non -jurisdictional wetland impacts (Impact 5) did not require mitigation. These permit approvals also permitted 0.10 acres of impact to Section 10 waters (Impact 2). The NCDEQ DWR Section 401 approval provided written authorization without mitigation for impacts to the Catawba River Buffer that extends upstream into Long Creek. These buffer impacts totaled 6,410 square feet of Catawba River Buffer Zone 1 impact, and 4,494 square feet of Catawba River Buffer Zone 2 impact at the southern bridge crossing of Long Creek (Impact 6). Approved Phase 2 impacts are summarized in Table 3 and have not yet occurred; however, in this permit modification revisions to Impacts 1 and 2 (in Phase I) and Impact 8 Page 13 Stowe RWRRF & Associated Infrastructure Projects Permit Modification I SAW-2019-01988 (in Phase 3) are proposed, as well as new Impacts 10 and 11 are proposed. No impacts were proposed for Phase 3. Table 3. Proposed Phase 2 Impacts Impact Number Feature Type' Figure (Appendix B) Regulatory uthority Impact Type Total (ac) 7 Wetland 9 (PFO) Figure 10 Non -Section 404 — Isolated Fill 0.18 Mir Catawba River Figure 10 Section 10/404 Effluent Outfall and Dock <0.10* 9 Catawba River Figure 4 Section 10/404 HDD beneath Catawba River n/a Total Section 10/404 Stream Impacts: Total Section 404 Wetland Impacts: Total Non -Section 404 Wetland Impacts: <0.10 ac* n/a 0.18 ac *estimated surface water acreage on the Catawba River 1Cowardin Classification: PFO = Palustrine forested wetland Revised Impacts: Table 4 below summarizes the proposed revisions to Impacts 1, 2, and 8. Table 4. Revised Impacts Impact Number Feature Type' Previous Impact (ac) evise • mpac (ac) hange Type Net Change (ac.) 1 Wetland 10 (PEM) 0.04 0.053 Reposition and increase fill area +0.013 2 Catawba River n/a n/a Reposition 250' north n/a 8 Catawba River <0.10 ac. Reposition downstream 0.00 Impact 1: Original impact repositioned within the Wetland 10 and increased from 0.04 to 0.053 acres due to a redesign of the Stowe facility, resulting in a net increase of 0.013 acre of wetland impact (Figure 3A and 3B, Appendix A). Impact 2: The HDD alignment has been revised more northward (or upstream) by approximately 250 feet (Figure 5, Appendix A). The impacts will remain under Section 10 but will not have any impact to surface waters. Impact 8: The floating boat dock is proposed to be repositioned south of previous location. Section 10 impact amount of 0.10 acres remains for the dock (Figure 4A and 4B, Appendix A). Newly Proposed Impacts: Table 5 below summarizes the proposed new Impacts 10 and 11, that are necessary for installation and access of the effluent outfall and floating boat dock. Page I 4 Stowe RWRRF & Associated Infrastructure Projects Permit Modification I SAW-2019-01988 Table 5. Newly Proposed Impacts: Impact Number Feature Type' Figure (Appendix A) Regulatory Authority Impact Type Total (ac) 10 Wetland 17 (PFO) Figure 4A/4B Section 404 Fill 0.016 11 Catawba River Figure 4A/4B Section 10/404 Effluent Outfall and Dock <0.10* Impact 10: Section 404/401 permanent impact (fill) to Wetland 17 totaling 0.016 acres for the construction of an access route and continued maintenance of the effluent outfall utility easement (Figures 4A and 4B, Appendix A). Impact 11: Section 404/401 permanent impact (fill) to the Catawba River totaling 27 linear feet of streambed, paralleling the streambank. Fill will consist of riprap to protect the effluent outfall (Figures 4A and 4B, Appendix A). In total, the revisions and newly proposed impacts would result in a net increase of 0.029 acre of wetland impact (revised Impact 2 and new Impact 10). These impacts are proposed to be mitigated at a 2:1 ratio for a total of 0.058 credits. The City of Charlotte Umbrella Stream and Wetland Mitigation Bank has confirmed wetland credit availability to accommodate this request upon approval of the permitting amendment (Appendix E). Impact 11 proposes impacts to 27 linear feet of streambed of the Catawba River; no mitigation is proposed for the stream impacts. Catawba River Vegetation Buffer With the newly proposed Impacts 10 and 11 (Figure 6, Appendix A), approximately 1,388 square feet of Zone 1 and 927 square feet of Zone 2 of the Catawba River Buffer will be cleared. Half of this amount will be used to maintain a new easement for the utility lines associated with the outfall from the wastewater treatment plant. Under use `kk' Zone 2 impacts are deemed allowable, and Zone 1 impacts less than 2,500 square feet are allowable with written authorization. =The second half would be under use `rr' as this will provide access to the surface water and to a dock that will be for upkeep of the outfall, the width of which will be less than 15 feet. Please do not hesitate to reach out to Benjamin Burdette at Benjamin.burdette@hdrinc.com or by phone at (704) 248-3619 with any questions or concerns. Page 15 Stowe RWRRF & Associated Infrastructure Projects Permit Modification I SAW-2019-01988 Sincerely, HDR, Inc. Benjamin Burdette, WPIT, QHP Environmental Planner Appendices: Appendix A: Figures Figure 1. Project Overview Figure 2. Mt. Holly Treatment Plant Figure 3A. Updated Impacts Figure 3B. Updated Impacts Figure 4A. Updated Impacts Figure 4B. Updated Impacts Figure 5. Updated Impacts Figure 6. Catawba Riparian River Buffer Appendix B: SAW-2019-01988 General Permit Verification Appendix C: DWR# 20-0405 Approval of 401 Water Quality Certification and Catawba Riparian Buffer Authorization with Additional Conditions Appendix D: SAW-2019-01988 Revised AJD Appendix E: Mitigation Transfer Forms and Wetland Credit Availability Appendix F: PJD Modification Request Page 16 Appendix A Figures LEGEND Project Area Additional Area Permenant Impact Jurisdictional Wetlands Jurisdictional Stream 1 Inch = 800 Feet Feet 800 tit 4 ti:" FnCHARLOTTE W TEI ' fit STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS PROJECT OVERVIEW FIGURE 1 PATH:IICLTSMAINIGIS DATAIGISIPROJECTS13018 CHARLOTTEWATER11013]229 LONGCREEKWWTP1l.2 WIPIMAP DOCSIMXDINWPIUPDATE 20211REV1FIGURE 2.MXD USER: BEBURDET - DATE: 111312021 NATIONWIDE PERMIT LEGEND 4.4 • f4 t. • r Project Area Additional Area Permenant Impact Jurisdictional Wetlands Jurisdictional Stream Helianthus schweinitzii Population Feet 250 r• tiAti i . ENCHARLOTTE W TEI HDD tailing and laydown to occur away from known Helianthus schweinitzii populations Waters of the U.S. Seasonal RPW 8 620 If ok Pipes will use HDD •4461 to avoid impacts to jurisdictional features. 1 I Waters of the U.S. Wetland 17 PFO 0.15 ac Waters of the U.S. Perennial RPW 9 236 If STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS MT HOLLY TREATMENT PLANT FIGURE 2 PATH: IICLTSMAIN\GIS DATA\GIS\PROJECTS1301S CHARLOTTEWATER\10137229 LONGCREEKWWTPU.2 WIP\MAP DOCSIMXD\NWP\UPDATE 20211FIGURE 5.MXD USER: BEBURDET - DATE: 11/3/2021 NATIONWIDE PERMIT LEGEND `f t Project Area Jurisdictional Wetlands Permenant Impact Previous Impacts Jurisdictional Stream FY CHARLOTTE W TES III Impact 1 - Wetland 10 (Section 404/401) permanent impact (fill) 0.053 acres Impact 1 - Wetland 10 Impact has been eliminated • -., STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS UPDATED IMPACTS FIGURE 3A PATH: IICLTSMAIN\GIS DATA\GIS\PROJECTS1301B CHARLOTTEWATER\10131229 LONGCREEKWWTPU.2 WIP\MAP DOCSIMXD\NWP\UPDATE 20211REV1PIGURE 3A.MXD USER: BEBURDET - DATE: 11/3/2021 NATIONWIDE PERMIT LEGEND Project Area Permenant Impact Jurisdictional Wetlands Jurisdictional Stream I Feet 90 Previous Impact 8 Floating dock relocated downstream Impact 11 - Catawba River (Section 404/401) permanent impact (fill) 27 linear feet Impact 8 - Catawba River (Section 10) - Floating dock 0.10 acre FnCHARLOTTE W TEI Impact 10 - Wetland 17 attoi (Section 404/401) r permanent impact (fill) 0.016 acres frE STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS UPDATED IMPACTS FIGURE 4A PATH:IICLTSMAINIGIS DATAIGISIPROJECTS13018 CHARLOTTEWATER11013T229 LONGCREEKWWTP1l.2 WIPIMAP DOCSIMXDINWPIUPDATE 20211REV1PIGURE 4A.MXD USER: BEBURDET - DATE: 111312021 NATIONWIDE PERMIT Wetland and Buffer Impacts — Mitigation Requirements j -11 J b I� T t -1 0.014 ac. 27 linear feet Impacts to Catawba River 0t No Yobbo 10 OVr►.•ae Waal S'A 0.21 \) UCAO1114P41 Peg Fromm:soATD0Car 0 032 AC Tempo -coy !mooch b CAtobttl Rorer Balsam 0 019 AC c ernnsnt Orvieto to Ca'awa Row Wow 0.002 AC Temporary I'roam to Catawba RANK Buller v Lan tOr w rr .Ave 0001 AC Tarrpor ry Iropxf tG Wettrl0 WIG 07F01 and Catawba Rtiar &Aar 0 01 G AC Iwrrarwnt Irbbb to Wrt an) W 16 (PF01 and C-brWa Nose Duller 0.002 AC Temporary Irpacts to Catawba Rarer BIN, 0.017 AC ParmanMY Irpabs to Catawba Rher O.s0 Is ram\ • I 0 001 AC Temporary �{Itapacts toCatarrbw Anew Butter 0 002 AC Terrocra y trnpobb 1 F. 1) wawa W14(Pm and COMM ROW SLOW i i Figure 4B Impacts to Waters of the U.S. and the Catawba River Buffer 0.016 AC of Permanent Impacts to Wetland 16 0.003 AC of Temporary Impacts to Wetland 16 0.036 AC of Permanent Impacts to Catawba River Buffer 0.010 AC of Temporary Impacts to Catawba River Buffer 27 If of Permanent Impacts to Catawba River (Fill) No Impact to Catawba River (Driven Piles) LEGEND Project Area Jurisdictional Wetlands Permenant Impact Previous Impacts Jurisdictional Stream Feet 120 FnCHARLOTTE W TEI Impact 2 - HDD Moved 250 feet to the North STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS UPDATED IMPACTS FIGURE 5 PATH:IICLTSMAINIGIS DATAIGISIPROJECTS13018 CHARLOTTEWATER11013T229 LONGCREEKWWTP1l.2 WIPIMAP DOCSIMXDINWPIUPDATE 20211REV1PIGURE 5.MXD USER: BEBURDET - DATE: 111912021 NATIONWIDE PERMIT LEGEND Rik IIIF Project Area Jurisdictional Wetlands Catawba River 30' Buffer Zone 1 Clearing 50' Buffer Zone 2 Clearing 0 Feet 10 WIT 4111 1,388 Square Feet of Zone 1 Clearing PlY*41= # Illiii• eali -wiLir _______ 4id 927 Square Feet of Zone 2 Clearing • 0- FnCHARLOTTE W TEI STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS CATAWBA RIPARIAN RIVER BUFFER FIGURE 6 PATH:IICLTSMAINIGIS DATAIGISIPROJECTS13018 CHARLOTTEWATER11013]229 LONGCREEKWWTP1l.2 WIPIMAP DOCSIMXDINWPIUPDATE 20211REV1FIGURE 5.MXD USER: BEBURDET - DATE: 111312021 NATIONWIDE PERMIT Appendix B SAW-2019-01988 General Permit Verification U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-01988 County: Mecklenburg U.S.G.S. Quad: NC -Mount Holly GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Charlotte Water Carl Wilson Address: 5100 Brookshire Boulevard Charlotte, NC 28216 Telephone Number: 704-336-1083 E-mail: cwilson(&,charlottenc.gov Size (acres) 272 Nearest Town Charlotte Nearest Waterway Long Creek River Basin Santee USGS HUC 03050101 Coordinates Latitude: 35.2819 Longitude: -81.0025 Location description: The review area is located between the wastewater treatment plants at the terminus of Hawfield Road and Broome Street. Description of projects area and activity: This verification authorizes the grading and placement of fill material in 0.2 acre of wetlands to facilitate the construction of Stowe Regional Water Resource Recovery facility and associated infrastructure. This verification also authorizes the installation of sewer force main under the Catawba River by means of horizontal directional drill. Applicable Law(s): ❑X Section 404 (Clean Water Act, 33 USC 1344) ❑X Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 12. Utility Lines and NWP 14. Linear Transportation Projects SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application signed and dated 3/24/2020, and the enclosed plans Figures 3-10 and Plansheet 1-5 dated 3/23/2020. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class i administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact David L. Shaeffer at 704-510-1437 or david.l.shaefferAusace.armv.mil. Corps Regulatory Official: Expiration Date of Verification: 03/18/2022 Digitally signed by SHAEFFER.DAVID.LEIGH.1260750573 Date 2020.05.28 0716:49-04'00' Date: 5/28/2020 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 http://corpsmapu.usace.army.mil/cm_apex/f1p=136:4:0 Copy furnished: Agent: HDR, Incorporated Kelly Thames Address: 440 South Church Street, Suite 900 Charlotte, NC 28202 Telephone Number: 704-338-6710 E-mail: Kellv.thames(&hdrinc.com SAW-2019-01988 SPECIAL CONDITIONS a. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. Action ID Number: SAW-2019-01988 County: Mecklenburg Permittee: Charlotte Water, Carl Wilson Project Name: Stowe Regional Water Resource Recovery Facility & Associated Infrastructure Projects Date Verification Issued: 5/28/2020 Project Manager: David L. Shaeffer Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: David L. Shaeffer Charlotte Regulatory Office U.S Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 or david.l.shaeffer@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date Compensatory Mitigation Responsibility Transfer Form Permittee: Charlotte Water, Carl Wilson Action ID: SAW-2019-01988 Project Name: Stowe Regional Water Resource Recovery Facility & Associated Infrastructure Projects County: Mecklenburg Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03050101, Catawba River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.2 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03050101, Catawba River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.4 Mitigation Site Debited: Citv of Charlotte Umbrella Stream and Wetland Mitigation Bank (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from City of Charlotte Umbrella Stream and Wetland Mitigation Bank, confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 2/18/2020 was included with the preconstruction notification. This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC27587 (email: todd.tugwell@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: USACE Field Office: Email: David L. Shaeffer Charlotte Regulatory Office US Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 david.l.shaeffer@usace.army.mil Digitally signed by SHAEFFER.DAVID.LEIGH.1260750573 Date: 2020.05.28 07:10:29 -04'00' 5/28/2020 USACE Project Manager Signature Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil LEGEND Project Site Jurisdictional Streams Jurisdictional Wetlands Non-404 Isolated Wetland 750 1, 500 existing Mt. Holly Water Reclamation Facility Mt. Holly Pumping Station (Phase 1 c) Proposed Forcemains (by horizontional directional drilling) (Phase la) Proposed effluent structure (Phase 2a) FNCHARLOTTE W TEI Proposed Stowe RWRRF (Phase 2a) Proposed Road and Bridge (Phase 1 b) Proposed Equilization Basin (part of Stowe Headworks) (Phase 1 c) Service Layer Credits: NC Center for Geographic Information &Analysis Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Clariant entrance Clariant facility Proposed Road and Bridge (Phase 1 b) various utilities (by horizontional directional drilling) (Phase 2a) Existing Long Creek Pumping Station Stowe Headworks & Influent Pumping Station (Phase 1 c) Note: Depicted linework is from Prelminary Engineering Report design, and is not representative of final imork SAW#: 2019-01988 Author: KTHAMES Date: 3/20/2020 Data Source: Preliminary Engineering Report layout Basemap Source: NC OneMap Orthoimagery STOWE RWRRF & ASSOCIATED INFRASTRUCTURE PROJECTS PHASES 1A-1C AND PHASE 2A FIGURE 3 NATIONWIDE PERMIT C�C LEGEND t. Proposed Forcemain (Phase 2b) Existing System (abridged) Existing Sewer (abridged) National Hydrography Dataset National Wetland Inventory 0 750 1,500 Feet FY2 CHARLOTTE WLTER fi + _ J 11 `PUSCh , 1 PFO1A J 7. 1 Charlotte West �USGS Quad :: f PUBHh �' % ', - -: Service Layer Credits: Sources: Esri, HERE, Garmin, Intermap, increment P STOW E RW RRF & ASSOCIATED INFRASTRUCTURE PROJECTS Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, MET!, Esri China (Hong Kong), (c) PHASE 2 B OpenStreetMap contributors, and the GIS User Community Copyright:© 2013 National Geographic Society, i-cubed FIGURE 4 PSS1'Fh ti SAW#: 2019-01988 Author: KTHAMES Date: 3/23/2020 Data Source: USGS 1:24,000-scale Quadrangles Belmont, NC and Charlotte West, NC; USFWS NWI; USGS NHD; and Mecklenburg County GIS Basemap Source: ESRA USA Topo Map ,)I PATH: \\CLTSMAIN\GIS_DATA\GIS\ PROJECTS \3018_CHARLOTTEWATER\10131229_LONGCREEKWWrPV.2_WIP\MAP_DOCS\MXDWWP\DRAFT3\0a PHASE2B. MXD - USER: KTHAMES - DATE 3/23/2020 NATIONWIDE PERMIT LEGEND Project Area Permenant Impact Jurisdictional Wetlands Jurisdictional Stream Non-404 Isolated Wetland 400 800 existing Mt. Holly Water Reclamation Facility Mt. Holly Pumping Station (Phase 1 c) Proposed Forcemains (by horizontional directional drilling) (Phase 1 a) rot 4.4 FNCHARLOTTE Clariant entrance Clariant facility Duke Transmission Line (Phase 1 c) Figure 8 Proposed Road l and Bridge (Phase 1 b) Figure 7 Proposed Road and Bridge (Phase 1 b) Existing Long Creek Pumping Station Figure 2 Stowe Headworks & Influent Pumping Station (Phase 1 c) Proposed Equilization Basin (part of Stowe Headworks) (Phase 1 c) SAW#: 2019-01988 Author: KTHAMES Date: 3/23/2020 Data Source: Preliminary Engineering Report layout Basemap Source: NC OneMap Orthoimagery STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS PHASE 1 OVERVIEW FIGURE 5 PATH: \\CLTSMAIN\GIS DATA\GIS\PROJECTS\3018 CHARLOTTEWATER\10137229 LONGCREEKWWrP\].2 WIP\MAP DOCS\MXDWWP\DRAFT3\FIGS 1.MXD USER: KTHAMES - DATE: 3/23/2020 NATIONWIDE PERMIT a z c E 0 LEGEND Project Area Permenant Impacts Jurisdictional Wetlands Odor Control Facility Proposed Edge of Pavement Limits of Disturbance 25 50 A FY2 Mt Holly 2 Hnbrc TrcPip vR7ae Ford Rig lanai Air k Impact 1 - Wetland 10 (Section 404) permanent impact (grade and fill) 0.04 ac • SAW#: 2019-01988 Author: KTHAMES Date: 3/23/2020 Data Source: HDR GIS Files Basemap Source: NC OneMap Orthoimagery • STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS CHARLOTTE PHASE 1A IMPACT WCTER Figure 6 NATIONWIDE PERMIT LL z x E U O a co E N Q. J coI N N L co 1n a co U co c d LEGEND Project Area Permenant Impacts Limits of Disturbance Jurisdictional Wetlands Jurisdictional Stream 25 50 A Feet • L • i t Impact 3 - Wetland 5 ' (Section 404) permanent impact (fill) 0.01 ac SAW#: 2019-01988 Author: KTHAMES Date: 3/23/2020 Data Source: HDR GIS Files Basemap Source: NC OneMap Orthoimagery F�2 Mt lolly 2 � I I Hnbrc I T fc la urge, Ford 1S RpweulPark Palustrine Emergent Wetland (no clearing needed beneath bridge span) bridge piling" bridge span Impact 4 - Wetland 6 (Section 404) permanent impact (fill) 0.04 ac STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS CHARLOTTE PHASE 1B IMPACT WCTER Figure 7 NATIONWIDE PERMIT atMap ommunity 50 co a c E U O LEGEND Limits of Disturbance Permenant Impact Impact 5 - Wetland 8 (Non -Section 404) permanent impact (fill) 0.04 ac F)1 Mt ltolly c 1 Hnbrc T,c la ewe Rncti RpweulP.rrk SAW#: 2019-01988 Author: KTHAMES Date: 3/23/2020 Data Source: HDR GIS Files Basemap Source: NC OneMap Orthoimagery STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS CHARLOTTE PHASE 1B IMPACT WATER Figure 8 NATIONWIDE PERMIT Document Path: \\c LEGEND Limits of Disturbance Permenant Impacts Jurisdictional Stream Jurisdictional Wetlands Impact 6 - Wetland 12 (Section 404) permanent impact (fill) 0.11 ac Mt Holly f 'bridge piling bridge span Palustrine Forested Wetlands (any trees will be removed non -mechanically and stumps left in -situ beneath bridge span; no impact) SAW#: 2019-01988 Author: KTHAMES Date: 3/23/2020 Data Source: HDR GIS Files Basemap Source: NC OneMap Orthoimagery F�2 bridge piling STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS CHARLOTTE PHASE 1B IMPACT W4TER Figure 9 NATIONWIDE PERMIT LEGEND L J Project Area Permenant Impacts Jurisdictional Wetlands Jurisdictional Stream 0 200 400 A Feet Proposed Forcemains (by horizontional directional drilling) (Phase 1 a) Impact 8 - Catawba River (Section 10/Section 404) Dock and HDD for effluent outfall. Anticipate <0.10 acre surface water impact to Catawba River Mt Holly g Impact 7 - Wetland 9 (Non -Section 404) permanent impact (fill) 0.18 ac 0:0 0 17 0 .* A Hnbic Tuc lop sop. Ford Rq Yprl Rif k various utilities (by horizontional directional drilling) (Phase 2a) SAW#: 2019-01988 Author: KTHAMES Date: 3/23/2020 Data Source: Preliminary Engineering Report layout Basemap Source: NC OneMap Orthoimagery 4 STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS I. CHARLOTTE PHASE 2A IMPACTS W TER Figure 10 NATIONWIDE PERMIT ,. f /\ • ••• v:,1..•;..i... -r-/' iA :1q :-4 1 I .1,...:;,er.Lr).t.::;:l.::7-7-:._--- --.' , ' . ,'" : .- .:•'--7 f • :::;:--'7.:`,.:-.,/ ' .• .-- - --.: ": ., c, .... i 1..... <J, - -1;w-- - ,---PE4S14,11-ME -ftW SHUT C-01-107 FOR OcriT1NOMION ' ."/ ..., , ----- ----.-'0. /".. / r / C.-- _.--- ....` ,—,'- i f" 11 0 7ty.•Icon,""DM61110:0K.EVA—reh d MU* MAIM ITtrICWO ELE0041,0k /1/i/17014, . 11/1/111/19; ii 2 , I ...• ,./,.:,„ -.7, I/ F r //LI/ IIIII I 4/1 rt0 11. I/4/ fa 11/1////// I I I li .1 Ili 1III VIII' I i II ( LLAI • 5 ",kbry, "::Ik•' "D. \\ PAN. 0,0 NOIES: 1 CONSTRUCT SEDIMENT PR & LONG X N WEE% 2 DEEP ME SLOPE SURROUNDING GRADE TO PR TO OE EXTENT PCGSIBLE DURING OONSTRUCTION. UNE PIT WITH MINIMUM IP LAVER OF NCDOT CLASS ENDS. CONTROL STONE DIVERSION DR. MEL DDS2 DIES, AND DDSO SHALL BE ROUTED. TEEDED AROUND THE F040W0(KSS !INFLUENT PUMPING STATION m EXCAVATION AS REOUIREDTOCOMPLETE THEME< ALL TREES, STUMPS AND BRUSH SHALL LE REMOVED TOTHE EXTENTS SHOWN OR AS REQUIRED AND AREA SHALL BE SEEDED. CONNECT NEW FENCE LINE TO EXISTING FENCE LINE. MOVIE POSITIVE SLOPE TO ALL DIVERSION DITCHES. ERCGION CONTROL MATTING MALL BE PROVIDED ON ALL SLOPES EOUAL TO OR GREATER THAN A: 1. SEE ECM DETML C-08-503. REFER TO SHEET C.505 FOR STORM DRAW ME MANHOLE SCHEDULES. S. SEEGENERAL NOTESON C-00-001. •4! .\\* If° / • 3. ladATANI3 W.R.0142 OCULO0t0 Iklot '—flAYPGTENnilthillS 028031VTURECLIWt001- NsN-- a orswENtpuaViq /1(11Jy )/ 41 I MOMENT AMP Tel NI33 10: 0.04 ac of permanent wetland impact. .• miniver um star 0164SW6 :,,POILVM11101,1601.M.1006 CVJERED 1,4tP.0110 024.1.0 IrOtir MICE Men PhOleCTIBY °MIMI T•PlEtr-001f 0 FOR REVIEW PURPOSES ONLY - NOT RELEASED FOR CONSTRUCTION 0 011) a zK 00- LJJ <1-0- 5 w >. o Ce < E ow c.)Q mLL,= 0 1:02.11313 oh -mum n.07.4 1 1 0 6 0 z Ciz 0 X 0- co- W 0 CO I- Ce (7) < 0 Z (.7 0I Z co LLi g 000 < 0 18 owcual- MOP DECEMER12,30 3 IS NOT 30 FULLE.ALE PROJECT NO 401825 C-01-106 SHEET OF Plansheet 1 - Impact 1 3/23/2020 COMMMMIGFl.DOWNMX LPGpPIU. MONO 7EA0061 • 11. THE LOCATION OF THE BORINGS INDICATED ON THE ['WANGSARE' APPROXIMATE. ACTUAL BORING LOCATIONS AND THE FINDLNGSOF • . THE GEOTECINIgLL IXVES0GATIW ARE COVERED IN THE GEOTECHNICOL REPORT IDENTIFIED IN THE CONTRACT DOCUWEXTS. 2 TOP OF BENPOO(SHOWX FOR ILLUSTRATIVE PURPOSES ONLY AM)' WLL VARY BETWEEN BORINGS. • 3 PO RARE IN TIEOPECTIOX OF GRILLING AS SHOWN sFLOWN PROPE. LT A. CONTRACTOR LOCATION OFEASTI NOABOVEUTILITIES ANDBUEEDUTIL.THE ' FIELDCONTRACTOR NRESPoCSSLEIOON AND LEARNS. SIOI0000 NTLTY AC DOMAIENTS.' XAXDCUAROWCE, AS NOTEDBYTHE' CONTRACT IVECOAENT3.' . 5. ROCK CORES STRENGTH ryes OWNREP ON RING TH SAMFL STIR ROCK CORES WERE DETERMINED BY PREPARING THE SOMRES PER 'ASTM DNFN30B. . PROFILE RCEPAA THE CENTERLINE OF BOTH THmWLLMg1NT.. HOLLY SWITH OFF T. BORINGS IN PROFILRENERTHAx MARE SHOWN ONLY IN FLAN NOT IN 'ME PROFILE. S: GRILLEDPATI NOTES: . .. GRILLED PATH STATIONS ARE IN FEET BY HORIZONTAL MEASUREMENT AND AE REFERENCED TO CONTROL ESTABLISHED PoHTHE DRILLED SEGMENT. B. GRILLED PATH COORDINATES REFER OOCEXTERLIXE OF PILGY.' f- 9. PILOT HOE TOLERANCES: THE PILOT HOLE SHALL BE GRILLED TO THE TOLERANCES LISTED BELOW.HOALL CASES, RIGHT-OF-WAY AND EASEMENT RESTRICTION CTONS AND CONCERN FOR AGIACExT EMSTINGfACILME3 SHALL TAKE PRECEDENCE OVER THESE TOLERANCES. ' ' ENTRY POINT: UP TO 10 FEET 'FORWARD CP BACK FROM' ' DESIGNED ENTRY POINT, UP TO SFERT RIGHT OR LEFT OF THE D ESOXm ALIGNMENT. ' . .B. EAT POINT: LP TO 10 FEET SHORT OR 10 FEET LONG RELATIVE TO THE DESIGNED ROT POINT: UP.TO SFEETRIGHTOR LEFT OF THE CESOXmiUP TNT. nab,. C. ELEVATION: UP O2 FEET ANTH DY5 FEET E DESIGNED PROFILE. ALIGNMENT: UP O5 FEET RIGHT ORLEFT .OF THEDESwRED E.CURVE RADIU9:DESIGX RADIUS iA00 FF1T13ASED ON A3JOX, ' 'PJ PROTECTION to HtlERTAKE H FJOTXGFAGISTEPS: CONTRACTOR SHALL UNDERTAKETHEION: FOLLOWING STEPS PRIORTO COMMENCING DRILLING OPERATION: THE UTIU CCONTACT THE UTILITY LOCiITpWXOTIFM TpX SERVICE FOR THE ONSTRUCTION AREA B. LOCATE AND LOAKE CAIOD EASN SI U 0005 THE 0RILLEND FACILITIES. TH SHALL BE 1TIE3LGGOED WITHIN E FEET CA THE OHILLEO PATH' CNALBEEJPOSED. C.WISP/ YTO NG ENT0CESAXT ROSHOLEACLITES. .AS • I.EAPPROXIMATE LOCATION 07000 TO UTI TIXG FA300 SHOWN. . it. CONTRACTOR5000PNNOB RESPONSIBLE OVEAND SEJ W01Ei.THE CONTRACTOR ID ISRESPONSIBLEFORABANDAROBELOWGROUND • AMLITION.BORFIGS S RDRILLEHAND STRUCTJRCLEARANCE. S 12. ODGT0XALDDOESHEREGILLEDFOR SIHWNBEL3BUT WERE SHALLOW'ARDDOES NOT IMPACT PROFILE SHOWN BELOW. • • • • OOB.O FEEa DM LENPM.SOM2FEET ■� i■ 8• ® is • < 1 Sk • -COROUGTONGSINO,•FA STING GRADE & E' • 124 MINMUM- SEE DIRECTIONAL OR ONAL EM. X PIm a� e�fP„..w ■ SP CCATION HOLD! Ni6VSIN •:.; B.3. - i MM�C�Mt�- MMMCI�F .■11111111=_ 2.p0 .103 utic a[ZD ' CONDUCTOR a , GASING 13 MINIMUM • SEE HORIZONTAL DIRECTIONAL DRILXG SPECFIGTOI 5•00 5.00 10.00 11 00 12.00 13.0) 14.00 15 DD 1E00 17. 0 18W00 19*00 20.0 21. 0 22.00 23.00 24+00 25N0 25.00 27+00 20+00 29. 0 30.00 31+00 y2.0a SOIL TYPE: ROCK TYPE: ' LEGEND: Ph BOINS LOCATION (AFPROXMATE) PROPERTY LFE SPLIT SPOON SAMPLE • W EE 3H5 .EAN:r7. �•p• m�.�n—. �nnnramxw� P WR PARTIALLY WEATHERED ROOM MOD METAMORPHOSED OtARR DORM WATER LEVEL TAKEN AFTERS. Hg1R8 ... . 1V'A1T:k.i'.T,Li 011,AVTe1.L-qU.:D[) HwlzaxTAL acALE1,150- CHARLOTTE WATER MOUNT HOLLY FORCE MAINS 31 ZLL ° UUZ < OQ 0 PROJECTING 401825 C-01-104 SHEET 7 OF 26 Plansheet 2 - Impact 2 3/23/2020 600 590 580 570 560 550 SENSITIVE DRAWINGS DO NOT SCAN .ELEVATIOIS_DETERMINED_BTI ORS FROM DSGS REGIONAL REGRESSION EOUAT1090 42 43 ( 44 440 9SCRumn 800.L BURR moo NC MOD 0041404 sa9eT00 N.D.0.E.L9. Game Number F-0118 18811E DATE OEBDRIPDON WATER EDGE � I\ N \I \\ \ \1 / 8' MM 1. lei PROE'05.0fflADL 40LGC5.28.-� LONG LAZE/ / N•RT1fPEl PH 45 PROJECT MANAGER TVLHt LEBER, PE n w+D .. Nat.( mamas INCOMPLETE PLANS PRELIMINARY PLANS I I 1 / / / I / A \/ I \ I / I / I ...// 1/ / / I i ' t`/ 1 I / I / ‘.. \ / - -�ti / I / I 04 IMMO0.* A%LGE.•Ta•CB ..: meosto BRYGE (% :::49 Stowe Regional WRRF Access Roads CHARLOTTE W TER SCALE: 1'=100' HORIZONTAL 1'-20'VERRCAL NORTH ALIGNMENT PLAN AND PROFILE Plansheet 3 - Impacts 3 and 4 3/23/2020 600 590 8o 570 560 550 2 s a a I zn A. 20+00, SE LLI L J a u arum na. ono, _ _ ��i �f•���F vr VI DEW. 21+00 22+00 0 ,'.00 24,00 40'rr5stre 1u.w ..M .I.CF.n w id. TO FUTURE STOWE REGIONAL WRRF Nam Ft OVA. •v-A• ae{ DETAIL E roewso oN 1WM ETA-L. 21.0 nT6 sr.-i4]i.uw FROM 11Ayh31-19 LT PO 1144,1-:5+® SENSITIVE DRAWINGS Fgagg. h cur wrw F�2 440 S. 01.1 steak SUIM 1000 DO NOT SCAN I]AIE UOBI.wP :: Ingo rRaaci NUN.. I,a,>rrac INCOMPLB'I'R PLANS PRELIMINARY PLANS Stowe Regional WRRF Access Roads CHARLOTTE W TER TO 6ELMEADE DR (5R 1606) MATCHLINE -LB-- STA. 25+00, SEE SHEET 07 S..EE,,Sk 18 FOR -L_B- PROFILE NORTHERN ACOE ISEROAD ROADWAY PLAN SHEET 3/23/2020 Plansheet 4 - Impact 5 f 1 10•FACE TO FACE !ODER USE RATH CMONOLITHIC ONCRETE BARRIER 48.0' OUT TO OUT ± BOX REu6 ur�aT BRIDGE TYPICAL SECTION SOUTHERN ACCESS ROAD OVER LONG CREEK 610 600 590 580 570 560 SENSITIVE DRAWINGS DO NOT SCAN •ELLYR'39R4 OLT N.suro.lmoCNNC M 704.11813/00 rErOSEL1 MBE OEG�r ST G9ODIIEtr � If.Osi FgWl i0...:: CA7RdL..RCCAI5Y0N. LOuhTIORS ::11:...:'." •:'.: •:.12 N.CHELS Limes Number P-0118 ISSUE DATE DESCRIPTION In. ..000 4RSS WELL OENE kil 11��PILES ITrP.IA5L EARK 621,Rp10 COP ITYIi' \RM. 35 KEY IN PROJECT MANAGER TYLER LEBEN, PE SEWERS SE MATTHEW WEIRDER, PE Me ,:..• BRAD LOI0 PE MA1THEw SIBREBITEE N.m Nc. SFr. 14 ■ Gel &LOGE HM • IINCOMPLETE PLANS PRELIMINARY PLANS 16 • / PE END WEDGE 16-INS OUSS'P P \ 7 SY TONSr RIP sr cfaTEKnE 11 Eb" F�. \I 1 ISM MR NOT MOWED \ 1 } 1 -tsws IMO ,MR SENI.(IPSre h ELEVATION= 502.0' -35 KEY IN DEPTH FCESTSIIRVEOUN) PROPOSED 100 YR 1TSEL• ' 5S0.1 PROLPOSE 5i9J YR (DESIGN 18 19 Stowe Regional WRRF Access Roads CHARLOTTE W TER SCALE: Y-100' HORIZONTAL Y n20' VERTICAL 20 SOUTH ALIGNMENT PLAN AND PROFILE Plansheet - 5 I mpact 6 3/23/2020 610 600 590 580 570 560 Determination of Jurisdiction: A. ❑ There are waters, including wetlands on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and 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. C. There are waters, including wetlands within the above described project area that are 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. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued DATE. Action ID: FILE NUMBER. Basis For Determination: See the approved jurisdictional determination form dated 5/6/2020. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdiction determinations as indicated in B and C above). This correspondence constitutes an approved jurisdiction determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 7/27/2020. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** 56" Digitally signed by Corps Regulatory Official: r JON ES.MICHAEL.SCOTT.1258314073Date: 2020.05.2711:57:44-04'00' Date of JD: 5/28/2020 Expiration Date of JD: 5/28/2025 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL .1. Applicant: Charlotte Water, Carl Wilson File Number: SAW-2019-01988 Date: 5/28/2020 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D x SECTION Additional or the PRELIMINARY JURISDICTIONAL DETERMINATION I - The following identifies your rights and options regarding an administrative appeal E of the above decision. information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED • signature rights • this PERMIT: You may accept or appeal the permit ACCEPT: If you received a Standard Permit, you may sign the permit document and return authorization. If you received a Letter of Permission (LOP), you may accept the LOP and on the Standard Permit or acceptance of the LOP means that you accept the permit to appeal the permit, including its terms and conditions, and approved jurisdictional permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of you may appeal the declined permit under the Corps of Engineers Administrative Appeal it to the district engineer for final your work is authorized. Your in its entirety, and waive all determinations associated with the certain terms and conditions therein, Process by completing Section II of the division engineer within 60 days form and sending the form to the division engineer. This form must be received by of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers completing Section II of this form and sending the form to the division engineer. This form engineer within 60 days of the date of this notice. Administrative Appeal Process by must be received by the division D: APPROVED information. • • JURISDICTIONAL DETERMINATION: You may accept or appeal the ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify date of this notice, means that you accept the approved JD in its entirety, and waive all APPEAL: If you disagree with the approved JD, you may appeal the approved JD under Administrative Appeal Process by completing Section II of this form and sending the form approved JD or provide new the Corps within 60 days of the rights to appeal the approved JD. the Corps of Engineers to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: preliminary JD. The Preliminary JD is not appealable. If you You do not need to respond to the Corps regarding the wish, you may request an approved JD (which may be appealed), you may provide new information for further consideration by the by contacting the Corps district for further instruction. Also Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a record of the appeal conference or meeting, and any supplemental clarify the administrative record. Neither the appellant nor the review of the administrative record, the Corps memorandum for the information that the review officer has determined is needed to Corps may add new information or analyses to the record. the location of information that is already in the administrative However, you may provide additional information to clarify record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: fil If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division Attn: David L. Shaeffer Charlotte Regulatory Office U.S Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 If you only have questions regarding the appeal process you may also contact: Mr. Phillip Shannin, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, consultants, to conduct investigations of the project site during the course of the appeal process. notice of any site investigation, and will have the opportunity to participate in all site investi and any government You will be provided a 15 day ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: David L. Shaeffer, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 05/06/2020 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Stowe Regional Water Resource Recovery Facility& Associated Infrastructure Projects, SAW-2019-01988 C. PROJECT LOCATION AND BACKGROUND INFORMATION: The review area is located between the wastewater treatment plants at the terminus of Hawfield Road and Broome Street. RPWs 1 and 7; Seasonal RPWs 2, 3, 4A, 4B, 5, 6, and 7; Wetlands 1 through 17. State: NC County/parish/borough: Mecklenburg City: Charlotte Center coordinates of site (lat/long in degree decimal format): Lat. 35.2819 , Long. -81.0025 Universal Transverse Mercator: Name of nearest waterbody: Long Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Name of watershed or Hydrologic Unit Code (HUC): 03050101 ® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. ❑ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form: D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ®Field Determination. Date(s): 11/15/2019 by the Corps SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] ❑ Waters subject to the ebb and flow of the tide. ❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply):1 ❑TNWs, including territorial seas ❑ Wetlands adjacent to TNWs © Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs ❑Non-RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ® Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ❑ Impoundments of jurisdictional waters ❑Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non -wetland waters: 13,249 linear feet, wide, and/or 8.81 acres. Wetlands: 32.44 acres. c. Limits (boundaries) of jurisdiction based on: Established OHWM Elevation of established OHWM (if known): ' Boxes checked below shall be supported by completing the appropriate sections in Section III below. 2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). 2. Non -regulated waters/wetlands (check if applicable):' Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: Wetland 8 and Wetland 9 were determined to be isolated features due to lack of evidence of a surface water connection. The two onsite sludge ponds were determined to be constructed in uplands and not an impoundment of waters of the United States. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections IILA.1 and 2 and Section IILD.1.; otherwise, see Section IILB below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetlandadjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.0 below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 31.5 square miles Drainage area: 31.5 square miles Average annual rainfall: 41.63 inches Average annual snowfall: 4 inches (ii) Physical Characteristics: (a) Relationship with TNW: Tributary flows directly into TNW. Tributary flows through 2 tributaries before entering TNW. Project waters are 1 (or less) river miles from TNW. Project waters are 1 (or less) river miles from RPW. Supporting documentation is presented in Section IILF. 'Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid West. (b) (c) Project waters are 1 (or less) aerial (straight) miles from TNW. Project waters are 1 (or less) aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNW5: Seasonal RPWs 2, 3, 4A, 4B, 5, 6, and Perennial RPW 7 flow into Perennial RPW 1 (Long Creek) flows into Catawba River . Tributary stream order, if known: General Tributary Characteristics (check all that apply): Tributary is: ®Natural ❑Artificial (man-made). Explain: Manipulated (man -altered). Explain: A portion of Perennial RPW 1 (Long Creek) was part of a stream restoration project. Tributary properties with respect to top of bank (estimate): Average width: 4 feet Average depth: 3 feet Average side slopes: 2:1. Primary tributary substrate composition (check all that apply): Silts ® Sands ❑ Concrete ® Gravel ® Muck ❑ Vegetation. Type/% cover: ❑ Cobbles ❑ Bedrock ❑ Other. Explain: Tributarycondition/stability [e.g., highly eroding, sloughing banks]. Explain: Stable banks. Presence of run/riffle/pool complexes. Explain: Yes. Tributary geometry: Relatively straight Tributary gradient (approximate average slope): 2% Flow: Tributary provides for: Seasonal flow Estimate average number of flow events in review area/year: 11-20 Describe flow regime: Seasonal Other information on duration and volume: Surface flow is: Discrete and confined. Characteristics: Subsurface flow: Unknown. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): Bed and banks OHWM6(check all indicators that apply): F1 clear, natural line impressed on the bank changes in the character of soil ® shelving ▪ vegetation matted down, bent, or absent 0leaf litter disturbed or washed away sediment deposition ® water staining ❑ other (list): ❑ Discontinuous OHWM.' Explain: ❑ the presence of litter and debris ® destruction of terrestrial vegetation the presence of wrack line ® sediment sorting ® scour ❑ multiple observed or predicted flow events ® abrupt change in plant community 'Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): ❑ High Tide Line indicated by: ❑ Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine shell or debris deposits (foreshore) ❑ physical markings; ❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Watershed is developed with residential and commercial properties as well as undeveloped forested areas. Identify specific pollutants, if known: None known. (iv) Biological Characteristics. Channel supports (check all that apply): 11 Riparian corridor. Characteristics (type, average width): 20 feet Wetland fringe. Characteristics: Forested Wetlands. Habitat for: ❑ Federally Listed species. Explain findings. ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings. Aquatic/wildlife diversity. Explain findings: Riparian corridor and wetland fringe provides habitat for common aquatic terrestrial species of the Carolina Piedmont. 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: 3.46 acres Wetland type. Explain: PFO and PEM Wetland quality. Explain: Good quality due to the number of native species. Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Intermittent flow Explain: Surface flow is: Discrete and confined Characteristics: Subsurface flow: Unknown. Explain findings: ❑ Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: Directly abutting Not directly abutting F1 Discrete wetland hydrologic connection. Explain: flow into and have overland sheetflow connections to RPWs. Ecological connection. Explain: Mature forested riprian corridor. ❑ Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are 1 (or less) river miles from TNW. Project waters are 1 (or less) aerial (straight) miles from TNW. Flow is from: Wetland to navigable waters. Estimate approximate location of wetland as within the 2-year or less floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Water is clear. Identify specific pollutants, if known: None identified. (iii) Biological Characteristics. Wetland supports (check all that apply): N Riparian buffer. Characteristics (type, average width): Forested and herbeous wetlands. N Vegetation type/percent cover. Explain: 90% N Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: N Aquatic/wildlife diversity. Explain findings: Riparian corridor and wetland fringe provides habitat for common aquatic terrestrial species of the Carolina Piedmont. 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: 4 Approximately 3.46 acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Directly abuts? (Y/N) Size (in acres) Wetlands 1, 3, 5, 7, 10, 11, 12, 13, 14, 16, 17 Y 29.00 Wetlands 2, 4, 6, 15 N 3.46 Summarize overall biological, chemical and physical functions being performed: Water storage and filtering. C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream food webs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section IILD: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain fmdings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: Wetlands 2, 4, 6, 15 occur in the floodplain of Perennial RPW 1 (Long Creek) and interchange water during flooding. D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ❑ TNWs: linear feet, wide, Or acres. ❑ Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. 11 Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Perennial RPW 1( Long Creek) is a named blue line stream on the USGS map and has the characteristics of a perennial stream including a defined OHWM, defined bed/bank, supports fish/other wildlife. Perennial RPPW 7 flows into a wetland that abuts Perennial RPW 1 and has an OHWM, defined bed/bank and other indicators of perennial flow. Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year)are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Seasonal RPWs 2 through 6 have a defined OHWM, defined bed/bank, and other traits of seasonal flow. Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: 13,249 linear feet width varies. ❑ Other non -wetland waters: acres. Identify type(s) of waters: 3. Non-RPWs8 that flow directly or indirectly into TNWs. ❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): ❑ Tributary waters: linear feet, wide. ❑ Other non -wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ❑X Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetlands 5, 7, 10, 11, 12, 13, 14,16, and 17 abut Perennial RPW 1 (Long Creek). Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetland 1 abuts Seasonal RPW 2, which flows into and out of Wetland 1. Provide acreage estimates for jurisdictional wetlands in the review area: 22.10 acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: Wetlands 2, 3, 4, 6, and 15 - 6.86 acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. E Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. 'See Footnote # 3. 'To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. E Demonstrate that impoundment was created from "waters of the U.S.," or ❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or E Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):'° E which are or could be used by interstate or foreign travelers for recreational or other purposes. ❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ❑ which are or could be used for industrial purposes by industries in interstate commerce. ❑ Interstate isolated waters. Explain: ❑ Other factors. Explain: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): ❑ Tributary waters: linear feet, wide. E Other non -wetland waters: acres. Identify type(s) of waters: ❑ Wetlands: acres. F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): E If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. E Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. E Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). E Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: Other: (explain, if not covered above): Wetlands 8 and 9 found to be isolated. They appear to be old BMP sites that were not maintained and are found in upland areas. No overland or subsurface connection to other waters apparent. The site contains two sludge ponds constructed in uplands with no connection to downstream waters. Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ❑Non -wetland waters (i.e., rivers, streams):linear feet, wide. E Lakes/ponds: acres. ❑ Other non -wetland waters: acres. List type of aquatic resource: Wetlands: Wetland 8 - 0.04 ac.; Wetland 9 - 0.18 acres. 2.53 acre sludge pond. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): ❑Non -wetland waters (i.e., rivers, streams):linear feet, wide. E Lakes/ponds: acres. ❑ Other non -wetland waters: acres. List type of aquatic resource: E Wetlands: SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Figures 6A-F dated 11/22/2019 10Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. Office concurs with data sheets/delineation report. 11 E Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: E U.S. Geological Survey Hydrologic Atlas: ❑USGS NHD data. EUSGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: Mountain Island Lake, NC (1997) - 1:24,000; Moutn Holly, NC (1996) - 1:24,000. USDA Natural Resources Conservation Service Soil Survey. Citation: NRCS Soil Survey of Mecklenburg County (NRCS 2017). ® National wetlands inventory map(s). Cite name: FWS National Wetlands Inventory (2017). E State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ❑X Photographs: ❑Aerial (Name & Date): Or 11 Other (Name & Date): Site Photographs August 2, September 10 to 13, and September 20, 2019. E Previous determination(s). File no. and date of response letter: ❑ Applicable/supporting case law: E Applicable/supporting scientific literature: ❑ Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: or% - -• .. • _ - : • Arr. ' - _ — Approximate Total Jurisdictional RPW Tributary: 13,249 linear feet Approximate Total Jurisdictional Wetlands: 33.52 acres Approximate Total Uplands: 211.07 acres Approximate Total Site Acreage: 253.4 acres -: �, 1 it _ -s Waters of the U.S. Wetland 16 PFO - Abutting 0.23 acre Waters of the U.S. Wetland 16 PEM -Abutting 0.07 acre Waters of the U.S. Wetland 15 - Abutting .� 0.96 acre Wetland 9 - Isolated 0.18 acre "1I Waters of the U.S. Wetland 13 - Abutting 1.45 acres CHARLOTTE WVER Waters of the U.S. Wetland 3 PFO - Abutting 6.80 acres Wetland 8 - Isolated 0.04 acre Sludge Pond - Non -Jurisdictional 2.24 acre Waters of the U.S. Wetland 12 - Abutting 0.31 acre Sludge Pond - Non -Jurisdictional 0 29 acre Waters of the U.S. Perennial RPW 7 752 If Waters of the U.S. Seasonal RPW 4B 289 If Waters of the U.S. Perennial RPW 1 10.605 If Waters of the U.S_ Wetland 7 - Abutting 13.31 acres Waters of the U.S. Wetland 10 - Abutting 5.78 acres Waters of the U_S_ Wetland 3 PEM - Abutting 0.05 acre Waters of the U.S. Wetland 4 - Adjacent 0.11 acre Waters of the U.S. Seasonal RPW 2 365 If Waters of the U.S. Seasonal RPW 4A 751 If Waters of the U S Seasonal RPW 3 59 1f Waters of the U.S. Wetland 1 - Abutting 0.12 acre Waters of the U.S. Wetland 2 -Adjacent 3.28 acres Waters of the U.S. Wetland 5 - Abutting 0.05 acre Name: Stowe Regional WRRF and Associated Infrastructure Projects Applicant: Charlotte Water Location: west of Whitewater Center Parkway and south of Mt. Holly Rd. (NC 27) near the Long Creek Pump Station at 901 Hawfield Rd., Charlotte,Mecklenburg County, NC Mecklenburg County PID #: See Figure 3 Date: 11/22/2019 Project Area: 253.4 acres Center Coordinates:-81.002348°, 35.281883° SAW# 2019-01988 ;- Project Site Jurisdictional Perennial RPW Tributary Jurisdictional Seasonal RPW Tributary GPS POINTS WERE COLLECTED USING TRIMBLE GEO7X AND POST -PROCESSED Jurisdictional £ Wetlands Non -Jurisdictional Wetland Index Sheet 0 Feet 760 STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT JURISDICTIONAL WATERS OF THE U.S. FIGURE 6A PATH:\\ CLTSMAIN\GIS_DATA\GIS\PROJECTS\3018_CHARLGTTEWATER\1013T229_LONGCREEKWWTP\].2_WIP\MAP_DOGS\ MXDVUD\06A_LONGCREEK_JD.MXD - USER: BEBURDET - DATE: 11126/2019 APPROVED JURISDICTIONAL DETERMINATION VERIFICATION Waters of the U.S. Seasonal RPW 4B 289 If Fn CHARLOTTE W TEF Waters of the U.S. Seasonal RPW 4A 751 If Waters of the U.S. Wetland 3 PEM - Abutting 0.05 acre Waters of the U.S. Wetland 3 PFO -Abutting 6.80 acres Waters of the U.S. Perennial) RPW 1 10,650 If Name: Stowe Regional WRRF and Associated Infrastructure Projects Applicant: Charlotte Water Location: west of Whitewater Center Parkway and south of Mt. Holly Rd. (NC 27) near the Long Creek Pump Station at 901 Newfield Rd., Charlotte,Mecklenburg County, NC Mecklenburg County PID #: See Figure 3 Date: 11/22/2019 Project Area: 253.4 acres Center Coordinates:-81.002348°, 35.281883° SAW# 2019-01988 Waters of the U.S Seasonal RPW 3 59 If Waters of the U.S. Wetland 2 - Adjacent 328 acres Waters of the U.S. Seasonal RPW 2 365 If Waters of the U.S. Wetland 1 - Abutting 0 12 acre Approximate Total Jurisdictional RPW Tributary: 13,249 linear feet Approximate Total Jurisdictional Wetlands: 33.52 acres Approximate Total Uplands: 211.07 acres Approximate Total Site Acreage: 253.4 acres LEGEND Project Site Photographs Jurisdictional Perennial RPW Tributary Jurisdictional Upland Data Points Seasonal RPW Tributary Wetland Data Points GPS POINTS WERE COLLECTED USING TRIMBLE GEO7X AND POST -PROCESSED • Jurisdictional Wetlands Non -Jurisdictional Wetland 0 4 Feet 200 STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT JURISDICTIONAL WATERS OF THE U.S. FIGURE 6B PATH: \\CLTSMAIMGIS_DATA\GIS\PROJECTS\3018_CHARLOTTEWATER\10137229_LONGCREEKWWTP\7.2_WIP\MAP_DOGS\MXD AJD\06B_LONGCREEK_JD.MXD - USER: BEBURDET - DATE: 11/26/2019 APPROVED JURISDICTIONAL DETERMINATION VERIFICATION Approximate Total Jurisdictional RPW Tributary: 13,249 linear feet Approximate Total Jurisdictional Wetlands: 33.52 acres Approximate Total Uplands: 211.07 acres Approximate Total Site Acreage: 253.4 acres 1 Name: Stowe Regional WRRF and Associated Infrastructure Projects Applicant: Charlotte Water Location: west of Whitewater Center Parkway and south of Mt. Holly Rd. (NC 27) near the Long Creek Pump Station at 901 Hawfield Rd., Charlotte,Mecklenburg County, NC Mecklenburg County PID #: See Figure 3 Date: 11/22/2019 Project Area: 253.4 acres Center Coordinates:-81.002348°, 35.281883° SAW# 2019-01988 a ;eaters of the U.S- Wetland 3 PFO - Abutting 6.80 acres LEGEND Project Site 6 Photographs ▪ Upland Data Points ® Wetland Data Points GPS POINTS WERE COLLECTED USING TRIMBLE GEO7X AND POST -PROCESSED 0 Jurisdictional Perennial RPW Tributary Jurisdictional Seasonal RPW Tributary 4 Feet 200 ■ Jurisdictional Wetlands Non -Jurisdictional Wetland Index Sheet _ i • .;' 71 'I CHARLOTTE W‘TER Waters of the U.S. Wetland 4 - Adjacent 0.11 acre Waters of the U.S. Perennial RPW 1 10,605 If Waters of the U S Seasonal RPW 6 295 If Waters of the U.S. Wetland 5 - Abutting 0.04 acre Waters of the U.S. Perennial RPW 1 10,605 If Waters of the U.S. Wetland 6 - Adjacent 0.02 acre STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT JURISDICTIONAL WATERS OF THE U.S. FIGURE 6C PATH: \\CLTSMAIMGIS_DATA\GIS\PROJECTS\3018_CHARLOTTEWATER\1013T229_LONGCREEKWWTPV.2_WIP\MAP_DOGS\MXDUUD\U6C_LONGCREEK_JD.MXD - USER: BEBURDET - DATE: 11/26/2019 APPROVED JURISDICTIONAL DETERMINATION VERIFICATION Ii Approximate Total Jurisdictional RPW Tributary: 13,249 linear feet Approximate Total Jurisdictional Wetlands: 33.52 acres Approximate Total Uplands: 211.07 acres Approximate Total Site Acreage: 253.4 acres Name: Stowe Regional WRRF and Associated Infrastructure Projects Applicant: Charlotte Water Location: west of Whitewater Center Parkway and south of Mt. Holly Rd. (NC 27) near the Long Creek Pump Station at 901 Newfield Rd., Charlotte,Mecklenburg County, NC Mecklenburg County PID #: See Figure 3 Date: 11/22/2019 Project Area: 253.4 acres Center Coordinates:-81.002348°, 35.281883° SAW# 2019-01988 LEGEND Project Site 6 Photographs Upland Data Points L@ Wetland Data Points GPS POINTS WERE COLLECTED USING TRIMBLE GEO7XAND POST -PROCESSED CHARLOTTE W‘TER Jurisdictional Perennial RPW Tributary Jurisdictional Seasonal RPW Tributary 0 Feet 200 144 Wetland 8 - Non Jurisdictional/isolated 0.04 acre Jurisdictional Wetlands Non -Jurisdictional Wetland Index Sheet 44 ,)1 STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT JURISDICTIONAL WATERS OF THE U.S. FIGURE 6D ATH:\\CLTSMAIMGIS_DATA\GIS\PROJECTS\3018_CHARLOTTEWATER\1013T229_LONGCREEKWWTPV.2_WIP\MAP_DOGS\MXDIAJD\06D_LONGCREEK_JD.MXD - USER: BEBURDET - DATE: 11/26/2019 APPROVED JURISDICTIONAL DETERMINATION VERIFICATION Name: Stowe Regional WRRF and Associated Infrastructure Projects Applicant: Charlotte Water Location: west of Whitewater Center Parkway and south of Mt. Holly Rd. (NC 27) near the Long Creek Pump Station at 901 Hawfield Rd., Charlotte,Mecklenburg County, NC Mecklenburg County PID #: See Figure 3 Date: 11/22/2019 Project Area: 253.4 acres Center Coordinates:-81.002348°, 35.281883° SAW# 2019-01988 Waters of the U.S. Wetland 16 PFO -Abutting 0.23 acre Waters of the U.S. Wetland 16 PEM - Abuttin 0.07 acre Approximate Total Jurisdictional RPW Tributary: 13,249 linear feet 4Approximate Total Jurisdictional Wetlands: 33.52 acres Approximate Total Uplands: 211.07 acres Approximate Total Site Acreage: 253.4 acres CHARLOTTE W‘T E R 1 Wetland 9 - Non Jurisdictional/Isolated 0.18 acre LEGEND Project Site 6 Photographs Upland Data Points Wetland Data Points GPS POINTS WERE COLLECTED USING TRIMBLE GEO7X AND POST -PROCESSED ■• Jurisdictional Perennial RPW Tributary Jurisdictional Seasonal RPW Tributary 1 1 0 Feet 200 �r; +lip r,. I 4'� Waters of the U.S. Wetland 7 - Abutting 13.31 acres Jurisdictional Wetlands Non -Jurisdictional Wetland Index Sheet 0..`0 pap Waters of the U.S. Wetland 10 • Abutting 5.78 acres Waters of the U.S Wetland 11 -Abutting 0.16 acre STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT JURISDICTIONAL WATERS OF THE U.S. FIGURE 6E ATH:\\CLTSMAINIGIS_DATA\GIS\PROJECTS\3019_CHARLOTTEWATER\10137229_LONGCREEKWWTPV.2_WIP\MAP_DOGS\MXDUIJD\06E_LONGCREEK_JD.MXD - USER: BEBURDET - DATE: 11/26/2019 APPROVED JURISDICTIONAL DETERMINATION VERIFICATION -11114 •tea` Approximate Total Jurisdictional RPW Tributary: 13,249 linear feet Approximate Total Jurisdictional Wetlands: 33.52 acres Approximate Total Uplands: 211.07 acres Approximate Total Site Acreage: 253.4 acres Name: Stowe Regional WRRF and Associated Infrastructure Projects Applicant: Charlotte Water Location: west of Whitewater Center Parkway and south of Mt. Holly Rd. (NC 27) near the Long Creek Pump Station at 901 Newfield Rd., Charlotte,Mecklenburg County, NC Mecklenburg County PID #: See Figure 3 Date: 11/22/2019 Project Area: 253.4 acres Center Coordinates:-81.002348°, 35.281883° SAW# 2019-01988 V1la1ers of the U.S. Wetland 14 - Abutting 0.83 acre Waters of the U.S Wettand 15 - Abutting • 0 96 acre 'Attars of the U.S_ Wetland 13 - Abutting 1.45 acres CHARLOTTE W‘TER PATH:1\CLTSMAIMGIS_DATA\GIS\PROJECTS13915_CHARLOTTEWATER\19137229_LONGCREEKWWTPV.2_WIPIMAP_DOCSIMXD\AJD\96F_LONGCREEK_JD.MX0 - USER: BEBURDET - DATE: 11/26/2019 Miters of the U.S. Wetland 12 - Abutting Q 31 acre LEGEND Project Site Photographs Upland Data Points Wetland Data Points GPS POINTS WERE COLLECTED USING TRIMBLE GEO7X AND POST -PROCESSED Waters of the U.S. Wetland 11 - Abutting 0 16 acre Jurisdictional Perennial RPW Tributary Jurisdictional Seasonal RPW Tributary Jurisdictional Wetlands Index Sheet STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT JURISDICTIONAL WATERS OF THE U.S. FIGURE 6F APPROVED JURISDICTIONAL DETERMINATION VERIFICATION Appendix C DWR# 20-0405 Approval of 401 Water Quality Certification and Catawba Riparian Buffer Authorization with Additional Conditions ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Dimcrcr Mr. Joe Wilson, Charlotte Water 5100 Brookshire Blvd. Charlotte, NC 28216 NORTH CAROLINA Environmental Quality May 21, 2020 DWR# 20-0405 Mecklenburg County Subject: APPROVAL of 401 Water Quality Certification and Catawba Riparian Buffer Authorization with Additional Conditions; Stowe RWRR Project(s), PHASED Dear Mr. Wilson: You have our approval, in accordance with the General Certification and those conditions listed below, for the purpose proposed in your application dated March 4, 2020, and received by the Division of Water Resources (the Division) on March 25, 2020, and subsequent information on May 18, 2020. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 4139 which can be viewed on our web site at https://deq.nc.gov/about/divisions/water-resources/water-resources- permits/wastewater-branch/401-wetlands-buffer-permits/401-401-isolated-wetlands-waters- program The General Certification allows you to use Nationwide Permit Number 39 once it is issued to you by the U.S. Army Corps of Engineers (COE). In addition, associated impacts are authorized by the Catawba Riparian Buffer Rule (15A NCAC 02B .0243 and the conditions listed below Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. The above noted Certification will expire when the associated 404 permit expires unless otherwise specified in the General Certification and Buffer Authorization. It is advised that all conditions of the Certification are reviewed prior to initiation of the project. In addition to the requirements of the Certification, you must also comply with the following conditions: 1. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new Certification/Authorization. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 300 linear feet, compensatory mitigation may be required. Additional buffer impacts may require compensatory mitigation as described in 15A NCAC .0244(9). If the property is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby responsible for complying with all conditions. 15A NCAC 02H .0506 and 15A NCAC 02B .0243(8), 15A NCAC 02H .0507 North Carolina Department of Environmental Quaky I Dr.isa,n of Water Rewvrces Mooresville Regi al Office 16IO Ewa Center Mace. Smote 301 I Mooresvlle. North Carolina 28II5 T04.6631699 2. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. 15A NCAC 02H .0502 (e) 3. Approved Impacts: Type of Impact Amount Approved Temporary Impact Amount Approved Permanent Impact Open Water 0 0.1 acre Wetland (BLHWD) 0 acre 0.420 acre Catawba Buffer (Zone 1) 0 6410 sq. ft. Catawba Buffer (Zone 2) 0 4494 sq. ft. 4. Diversion Ditches and other storm water conveyances as related to the sediment and erosion control measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This includes interior/exterior slopes of sediment basins. 15A NCAC 02H .0506 (b)(3) and (c)(3) 5. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted. 15A NCAC 02H .0506 (b)(3) and (c)(3) 6. Stormwater discharge structures at this site shall be constructed in a manner such that the potential receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion of the stream banks. 15A NCAC 02H .0506(b)(5) 7. Use of native vegetation and other soft stream bank stabilization techniques is recommended where practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in the streambed, unless approved by DWR 8. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 15A NCAC 02H .0506(b)(3) 9. The permittee shall report to the Mooresville Regional Office any noncompliance with this certification, any violation of stream or wetland standards [including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. 15A NCAC 02B .0200 10. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2) 11. Upon completion of the project, the applicant shall complete and return a "Certificate of Completion" form to the 401 /Wetlands Branch of the Division using the following link: https://edocs.deq.nc.gov/Forms/Certificate-of-Completion. 15A NCAC 02H .0507(c) This Certification can be contested as provided in Articles 3 and 4 of the General Statute 150B by filing a written petition for an administrative hearing to the Office of the Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-3000. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday, 8:00 am to 5:00 pm, excluding state holidays). The petitions may be faxed to the OAH at (919) 431-3100, provided the original and one (1) copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc.) Office of Administrative Hearings 1711 New Hope Church Rd. Raleigh, NC 27609-6285 One (1) copy of the petition must also be served on DEQ as follows: Mr. Bill Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review by the Division under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-1699. Attachment Sincerely, for Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ cc: David Shaeffer, Army Corps of Engineers, Charlotte, email Kelly Thames, HDR, Kelly.thames@hdrinc.com DWR 401 & Buffer Permitting Branch file MRO, Land Quality CERTIFICATE OF COMPLETION NCDWR Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Wetland & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Engineer's Certification Partial Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date Appendix D SAW-2019-01988 Revised AJD U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-01988 County: Mecklenburg U.S.G.S. Quad: NC- Mount Holly NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Charlotte Water Joseph Wilson Address: 5100 Brookshire Blvd. Charlotte, NC 28216 Telephone Number: 704-336-1083 E-mail: cwilson(aicharlottenc.2ov Size (acres) 272 Nearest Town Charlotte Nearest Waterway Long Creek River Basin Santee USGS HUC 03050101 Coordinates Latitude: 35.2818 Longitude: -81.0023 Location description: The review area is located between the wastewater treatment plants at the terminus of Hawfield Road and Broome Street. The review area also includes parts of the Catawba River and the Mount Holly Wastewater Treatment Plant. Mecklenburg County: 05305102, 05305103, 05305104, 05306101, 05306119, 05306117, Gaston County: 124524, 217834, 124527, 124512 Indicate Which of the Following Apply: A. Preliminary Determination ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in 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, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. SAW-2019-01988 ® The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated 3/18/2020. 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, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact David L. Shaeffer at 704-510-1437 or david.l.shaeffer(&,,usace.armv.m il. C. Basis For Determination: Basis For Determination: See the approved jurisdictional determination form dated 6/1/2020. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 7/31/2020. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Digitally signed by JONES.MICHAEL.SCOTT.1258314073 ��rr Date: 2020.Ofi.01 15:03:53-04'00' Corps Regulatory Official: Date of JD: 6/1/2020 Expiration Date of JD: 6/1/2025 SAW-2019-01988 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: HDR Kelly Thames Address: 440 S. Church Street, Suite 900 Charlotte, NC 28202 Telephone Number: 704-338-6710 E-mail: kelly.thames(u,hdrinc.com Property Owner: Charlotte Water Joseph Wilson Address: 5100 Brookshire Blvd. Charlotte, NC 28216 Telephone Number: 704-336-1083 E-mail: cwilson(acharlottenc.gov NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL i Applicant: Charlotte Water, Joseph Wilson File Number: SAW-2019-01988 Date: 6/1/2020 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D x SECTION Additional or the PRELIMINARY JURISDICTIONAL DETERMINATION I - The following identifies your rights and options regarding an administrative appeal E of the above decision. information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx Corps regulations at 33 CFR Part 331. A: INITIAL • signature rights • that engineer. evaluating 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 authorization. If you received a Letter of Permission (LOP), you may accept the LOP and on the Standard Permit or acceptance of the LOP means that you accept the permit to appeal the permit, including its terms and conditions, and approved jurisdictional permit. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions the permit be modified accordingly. You must complete Section II of this form and Your objections must be received by the district engineer within 60 days of the forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district objections and may: (a) modify the permit to address all of your concerns, (b) modify the objections, or (c) not modify the permit having determined that the permit should be issued it to the district engineer for final your work is authorized. Your in its entirety, and waive all determinations associated with the therein, you may request return the form to the district date of this notice, or you will engineer will evaluate your permit to address some of your as previously written. After reconsideration, as indicated in your objections, the district engineer will send you a proffered permit for your Section B below. B: PROFFERED • signature rights • this PERMIT: You may accept or appeal the permit ACCEPT: If you received a Standard Permit, you may sign the permit document and return authorization. If you received a Letter of Permission (LOP), you may accept the LOP and on the Standard Permit or acceptance of the LOP means that you accept the permit to appeal the permit, including its terms and conditions, and approved jurisdictional permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of you may appeal the declined permit under the Corps of Engineers Administrative Appeal it to the district engineer for final your work is authorized. Your in its entirety, and waive all determinations associated with the certain terms and conditions therein, Process by completing Section II of the division engineer within 60 days form and sending the form to the division engineer. This form must be received by of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers completing Section II of this form and sending the form to the division engineer. This form engineer within 60 days of the date of this notice. Administrative Appeal Process by must be received by the division D: APPROVED information. • • JURISDICTIONAL DETERMINATION: You may accept or appeal the ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify date of this notice, means that you accept the approved JD in its entirety, and waive all APPEAL: If you disagree with the approved JD, you may appeal the approved JD under Administrative Appeal Process by completing Section II of this form and sending the form approved JD or provide new the Corps within 60 days of the rights to appeal the approved JD. the Corps of Engineers to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: preliminary JD. The Preliminary JD is not appealable. If you You do not need to respond to the Corps regarding the wish, you may request an approved JD (which may be appealed), you may provide new information for further consideration by the by contacting the Corps district for further instruction. Also Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a record of the appeal conference or meeting, and any supplemental clarify the administrative record. Neither the appellant nor the review of the administrative record, the Corps memorandum for the information that the review officer has determined is needed to Corps may add new information or analyses to the record. the location of information that is already in the administrative However, you may provide additional information to clarify record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division Attn: David L. Shaeffer Charlotte Regulatory Office U.S Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 If you only have questions regarding the appeal process you may also contact: Mr. Phillip Shannin, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, consultants, to conduct investigations of the project site during the course of the appeal process. notice of any site investigation, and will have the opportunity to participate in all site investi and any government You will be provided a 15 day ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: David L. Shaeffer, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 6/1/2020 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Stowe Regional Water Resource Recovery Facility & Associated Infrastructure Projects, SAW-2019-01988 C. PROJECT LOCATION AND BACKGROUND INFORMATION: The review area is located between the wastewater treatment plants at the terminus of Hawfield Road and Broome Street. RPWs 1 and 7; Seasonal RPWs 2, 3, 4A, 4B, 5, 6, and 7; Wetlands 1 through 17. State: NC County/parish/borough: Mecklenburg City: Charlotte Center coordinates of site (lat/long in degree decimal format): Lat. 35.2819 , Long. -81.0025 Universal Transverse Mercator: Name of nearest waterbody: Long Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Name of watershed or Hydrologic Unit Code (HUC): 03050101 ® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. ❑ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form: D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ®Field Determination. Date(s): 11/15/2019 by the Corps SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There are "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] ❑ Waters subject to the ebb and flow of the tide. ® Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: The Catawba River at this location is listed on the Wilmington District list of navigable waters. B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply):1 TNWs, including territorial seas ❑ Wetlands adjacent to TNWs ®Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs ❑Non-RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ® Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ❑ Impoundments of jurisdictional waters ▪ Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non -wetland waters: 13,249 linear feet, wide, and/or 12.31 acres. Wetlands: 32.44 acres. c. Limits (boundaries) of jurisdiction based on: Established OHWM Elevation of established OHWM (if known): ' Boxes checked below shall be supported by completing the appropriate sections in Section III below. 2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). 2. Non -regulated waters/wetlands (check if applicable):' Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: Wetland 8 and Wetland 9 were determined to be isolated features due to lack of evidence of a surface water connection. The two onsite sludge ponds were determined to be constructed in uplands and not an impoundment of waters of the United States. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section IILB below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetlandadjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.0 below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 31.5 square miles Drainage area: 31.5 square miles Average annual rainfall: 41.63 inches Average annual snowfall: 4 inches (ii) Physical Characteristics: (a) Relationship with TNW: Tributary flows directly into TNW. Tributary flows through 2 tributaries before entering TNW. Project waters are 1 (or less) river miles from TNW. Project waters are 1 (or less) river miles from RPW. Supporting documentation is presented in Section III.F. 'Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid West. (b) (c) Project waters are 1 (or less) aerial (straight) miles from TNW. Project waters are 1 (or less) aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNW5: Seasonal RPWs 2, 3, 4A, 4B, 5, 6, and Perennial RPW 7 flow into Perennial RPW 1 (Long Creek) flows into Catawba River . Tributary stream order, if known: General Tributary Characteristics (check all that apply): Tributary is: ®Natural ❑Artificial (man-made). Explain: Manipulated (man -altered). Explain: A portion of Perennial RPW 1 (Long Creek) was part of a stream restoration project. Tributary properties with respect to top of bank (estimate): Average width: 4 feet Average depth: 3 feet Average side slopes: 2:1. Primary tributary substrate composition (check all that apply): ® Silts ® Sands ❑ Concrete ® Gravel ® Muck ❑ Vegetation. Type/% cover: ❑ Cobbles ❑ Bedrock ❑ Other. Explain: Tributarycondition/stability [e.g., highly eroding, sloughing banks]. Explain: Stable banks. Presence of run/riffle/pool complexes. Explain: Yes. Tributary geometry: Relatively straight Tributary gradient (approximate average slope): 2% Flow: Tributary provides for: Seasonal flow Estimate average number of flow events in review area/year: 1 1-20 Describe flow regime: Seasonal Other information on duration and volume: Surface flow is: Discrete and confined. Characteristics: Subsurface flow: Unknown. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): Bed and banks OHWM6(check all indicators that apply): 11 F1 11 clear, natural line impressed on the bank changes in the character of soil shelving ®vegetation matted down, bent, or absent ® leaf litter disturbed or washed away sediment deposition ® water staining ❑ other (list): ❑ Discontinuous OHWM.' Explain: ❑ the presence of litter and debris ® destruction of terrestrial vegetation 11 the presence of wrack line ® sediment sorting ® scour ❑ multiple observed or predicted flow events ® abrupt change in plant community 'Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): ❑ High Tide Line indicated by: ❑ Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine shell or debris deposits (foreshore) ❑ physical markings; ❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Watershed is developed with residential and commercial properties as well as undeveloped forested areas. Identify specific pollutants, if known: None known. (iv) Biological Characteristics. Channel supports (check all that apply): 11 Riparian corridor. Characteristics (type, average width): 20 feet Wetland fringe. Characteristics: Forested Wetlands. Habitat for: ❑ Federally Listed species. Explain findings. ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings. Aquatic/wildlife diversity. Explain fmdings: Riparian corridor and wetland fringe provides habitat for common aquatic terrestrial species of the Carolina Piedmont. 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: 3.46 acres Wetland type. Explain: PFO and PEM Wetland quality. Explain: Good quality due to the number of native species. Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Intermittent flow Explain: Surface flow is: Discrete and confined Characteristics: Subsurface flow: Unknown. Explain findings: ❑ Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: Directly abutting ONot directly abutting ®Discrete wetland hydrologic connection. Explain: flow into and have overland sheetflow connections to RPWs. ▪ Ecological connection. Explain: Mature forested riprian corridor. ❑ Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are 1 (or less) river miles from TNW. Project waters are 1 (or less) aerial (straight) miles from TNW. Flow is from: Wetland to navigable waters. Estimate approximate location of wetland as within the 2-year or less floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Water is clear. Identify specific pollutants, if known: None identified. (iii) Biological Characteristics. Wetland supports (check all that apply): N Riparian buffer. Characteristics (type, average width): Forested and herbeous wetlands. N Vegetation type/percent cover. Explain: 90% N Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: Aquatic/wildlife diversity. Explain fmdings: Riparian corridor and wetland fringe provides habitat for common aquatic terrestrial species of the Carolina Piedmont. ►1 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: 4 Approximately 3.46 acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Directly abuts? (Y/N) Size (in acres) Wetlands 1, 3, 5, 7, 10, 11, 12, 13, 14, 16, 17 Y 29.00 Wetlands 2, 4, 6, 15 N 3.46 Summarize overall biological, chemical and physical functions being performed: Water storage and filtering. C. SIGNIFICANT NEXUS DETERMENATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream food webs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: Wetlands 2, 4, 6, 15 occur in the floodplain of Perennial RPW 1 (Long Creek) and interchange water during flooding. D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: TNWs: linear feet, wide, Or 3.5 acres. ❑ Wetlands adjacent to TNWs: acres. 11 2. RPWs that flow directly or indirectly into TNWs. 11 Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Perennial RPW 1( Long Creek) is a named blue line stream on the USGS map and has the characteristics of a perennial stream including a defined OHWM, defined bed/bank, supports fish/other wildlife. Perennial RPPW 7 flows into a wetland that abuts Perennial RPW 1 and has an OHWM, defined bed/bank and other indicators of perennial flow. Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year)are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Seasonal RPWs 2 through 6 have a defined OHWM, defined bed/bank, and other traits of seasonal flow. Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: 13,249 linear feet width varies. ❑ Other non -wetland waters: acres. Identify type(s) of waters: 3. Non-RPWs8 that flow directly or indirectly into TNWs. ❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): ❑ Tributary waters: linear feet, wide. ❑ Other non -wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ❑X Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetlands 5, 7, 10, 11, 12, 13, 14,16, and 17 abut Perennial RPW 1 (Long Creek). Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetland 1 abuts Seasonal RPW 2, which flows into and out of Wetland 1. Provide acreage estimates for jurisdictional wetlands in the review area: 22.10 acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: Wetlands 2, 3, 4, 6, and 15 - 6.86 acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. 'See Footnote # 3. 'To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. E Demonstrate that impoundment was created from "waters of the U.S.," or ❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or E Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):'° ❑ which are or could be used by interstate or foreign travelers for recreational or other purposes. ❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ❑ which are or could be used for industrial purposes by industries in interstate commerce. E Interstate isolated waters. Explain: ❑ Other factors. Explain: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): ❑ Tributary waters: linear feet, wide. E Other non -wetland waters: acres. Identify type(s) of waters: ❑ Wetlands: acres. F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): E If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. E Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. E Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). E Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: Other: (explain, if not covered above): Wetlands 8 and 9 found to be isolated. They appear to be old BMP sites that were not maintained and are found in upland areas. No overland or subsurface connection to other waters apparent. The site contains two sludge ponds constructed in uplands with no connection to downstream waters. Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ❑Non -wetland waters (i.e., rivers, streams):linear feet, wide. E Lakes/ponds: acres. ❑ Other non -wetland waters: acres. List type of aquatic resource: Wetlands: Wetland 8 - 0.04 ac.; Wetland 9 - 0.18 acres. 2.53 acre sludge pond. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): ❑Non -wetland waters (i.e., rivers, streams):linear feet, wide. E Lakes/ponds: acres. ❑ Other non -wetland waters: acres. List type of aquatic resource: E Wetlands: SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Figures 6A-F dated 11/22/2019 10Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. Office concurs with data sheets/delineation report. 11 E Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: E U.S. Geological Survey Hydrologic Atlas: ❑USGS NHD data. EUSGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: Mountain Island Lake, NC (1997) - 1:24,000; Moutn Holly, NC (1996) - 1:24,000. USDA Natural Resources Conservation Service Soil Survey. Citation: NRCS Soil Survey of Mecklenburg County (NRCS 2017). ® National wetlands inventory map(s). Cite name: FWS National Wetlands Inventory (2017). E State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: E 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: EAerial (Name & Date): Or 11 Other (Name & Date): Site Photographs August 2, September 10 to 13, and September 20, 2019. E Previous determination(s). File no. and date of response letter: ❑ Applicable/supporting case law: E Applicable/supporting scientific literature: ❑ Other information (please specify): 11 ►1 B. ADDITIONAL COMMENTS TO SUPPORT JD: 1_4 Approximate Total Jurisdictional RPW Tributary: 13,248 linear feet Approximate Total Jurisdictional Wetlands: 33.53 acres Approximate Total Jurisdictional Open Water (Riverine): 3.5 acres (Catawba River) Approximate Total Isolated (Non-404) Wetlands: 0.22 acres Approximate Total Uplands: 229.5 acres Approximate Total Site Acreage: 272 acres Waters of the U.S. TNW Catawba River 3.5 acres Waters of the U.S. Wetland 16 PFO - Abutting 0.23 acre Waters of the U.S. Wetland 16 PEM -Abutting 0.07 acre Waters of the U.S. Wetland 15 -Abutting 0.96 acre 01 CHARLOTTE W TES Waters of the U.S. Wetland 3 PFO - Abutting 6.80 acres Sludge Pond - Non -Jurisdictional 0.29 acre Wetland 8 - Isolated 0.04 acre Sludge Pond - Non -Jurisdictional 2.24 acre Wetland 9 - Isolated 0.18 acre Waters of the U.S. Wetland 13 -Abutting 1.45 acres Service Layer Credits: NC Center for Geographic Information & Analysis PATH: 11CLTSMAINIGIS_DATAIGISIPROJECTS1J018_CHARLOTTEWATER1101J7229_LONGCREEKWWTP17.2_WIP1MAP_DOCSIMXDIAJDIAMENDMENT__202003106A_LONGCREEK_JD.MXD - USER: KTHAMES - DATE: 011812020 Waters of the U.S. Seasonal RPW 6 295 If Waters of the U.S. Seasonal RPW 4B 289 If Waters of the U.S. Seasonal RPW 5 132 If Waters of the U.S. Perennial RPW 7 752 If Waters of the U.S. Perennial RPW 1 10,605 If Waters of the U.S. Wetland 7 - Abutting 13.31 acres Waters of the U.S. Wetland 10 -Abutting 5.78 acres Waters of the U.S. Wetland 11 -Abutting 0.16 acre Waters of the U.S. Wetland 12 -Abutting 0.31 acre Waters of the U.S. Wetland 14 -Abutting 0.83 acre Waters of the U.S. Wetland 3 PEM -Abutting 0.05 acre Waters of the U.S. Wetland 4 - Adjacent 0.11 acre aters of the U.S. Wetland 6 - Adjacent 0.02 acre LEGEND Waters of the U.S. Seasonal RPW 4A 751 If Waters of the U.S. Seasonal RPW 3 59 If Waters of the U.S. Seasonal RPW 2 365 If Waters of the U.S. Wetland 1 - Abutting 0.12 acre Waters of the U.S. Wetland 2 - Adjacent 3.28 acres Waters of the U.S. Wetland 5 - Abutting 0.05 acre SAW#: 2019-01988 Author: KTHAMES Date: 3/18/2020 Data Source: HDR GIS Shapefiles Basemap Source: NC OneMap Orthoimagery Project Site (272 acres) Jurisdictional Perennial RPW Tributary Jurisdictional Seasonal RPW Tributary DELINEATOIN BOUNDARIES CREATED BY GPS POINTS COLLECTED USING TRIMBLE GEO7XR Jurisdictional Wetlands Non-404 Isolated Wetland Index Sheet 375 750 Feet STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT JURISDICTIONAL WATERS OF THE U.S. FIGURE 6A APPROVED JURISDICTIONAL DETERMINATION VERIFICATION • • • Waters of the U.S. Seasonal RPW 4A 751 If Waters of the U.S. Wetland 3 PEM -Abutting 0.05 acre Waters of the U.S. Seasonal RPW 4B 289 If Waters of the U.S. Perenniall RPW 1 10,650 If 01 CHARLOTTE W TES Waters of the U.S. Wetland 3 PFO - Abutting 6.80 acres Waters of the U.S. Wetland 4 - Adjacent 0.11 acre Service Layer Credits: NC Center for Geographic Information & Analysis PATH: 11CLTSMAINIGIS_DATAIGISIPROJECTS1J018_CHARLOTTEWATER1101J7229_LONGCREEKWWTP17.2_WIP1MAP_DOCSIMXDIAJDIAMENDMENT__202003106B_LONGCREEK_JD.MXD - USER: KTHAMES - DATE: 011812020 Waters of the U.S. Seasonal RPW 3 59 If Waters of the U.S. Wetland 2 - Adjacent 3.28 acres LEGEND Approximate Total Approximate Total Approximate Total Approximate Total Approximate Total Approximate Total Project Site (272 acres) Photographs Upland Data Points Wetland Data Points Waters of the U.S. Seasonal RPW 2 365 If Waters of the U.S. Wetland 1 - Abutting 0.12 acre SAW#: 2019-01988 Author: KTHAMES Date: 3/18/2020 Data Source: HDR GIS Shapefiles Basemap Source: NC OneMap Orthoimagery Jurisdictional RPW Tributary: 13,248 linear feet Jurisdictional Wetlands: 33.53 acres Jurisdictional Open Water (Riverine): 3.5 acres (Catawba River) Isolated (Non-404) Wetlands: 0.22 acres Uplands: 229.5 acres Site Acreage: 272 acres Jurisdictional Perennial RPW Tributary Jurisdictional Seasonal RPW Tributary DELINEATOIN BOUNDARIES CREATED BY GPS POINTS COLLECTED USING TRIMBLE GEO7XR Jurisdictional Wetlands Non-404 Isolated Wetland STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT JURISDICTIONAL WATERS OF THE U.S. FIGURE 6B APPROVED JURISDICTIONAL DETERMINATION VERIFICATION LEGEND Project Site (272 acres) Photographs ® Upland Data Points ® Wetland Data Points DELINEATOIN BOUNDARIES CREATED BY GPS POINTS COLLECTED USING TRIMBLE GEO7XR 0 75 Feet 150 Ai Jurisdictional Perennial RPW Tributary Jurisdictional Seasonal RPW Tributary Jurisdictional Wetlands Non-404 Isolated Wetland SAW#: 2019-01988 Author: KTHAMES Date: 3/18/2020 Data Source: HDR GIS Shapefiles Basemap Source: NC OneMap Orthoimagery 01 CHARLOTTE W TES Waters of the U.S. Wetland 3 PFO - Abutting 6.80 acres -�-lam-ems Waters of the U.S. Perennial RPW 1 10,605 If Approximate Total Jurisdictional RPW Tributary: 13,248 linear feet Approximate Total Jurisdictional Wetlands: 33.53 acres Approximate Total Jurisdictional Open Water (Riverine): 3.5 acres (Catawba River) Approximate Total Isolated (Non-404) Wetlands: 0.22 acres Approximate Total Uplands: 229.5 acres Approximate Total Site Acreage: 272 acres Service Layer Credits: NC Center for Geographic Information & Analysis Waters of the U.S. Seasonal RPW 6 295 If Waters of the U.S. Wetland 4 - Adjacent 0.11 acre Waters of the U.S. Wetland 6 - Adjacent 0.02 acre Waters of the U.S. Wetland 5 - Abutting 0.04 acre Waters of the U.S. Perennial RPW 1 10,605 If STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT JURISDICTIONAL WATERS OF THE U.S. FIGURE 6C PATH: IICLTSMAINIGIS_DATAIGISIPROJECTS1J018_CHARLOTTEWATER1101 J7229_LONGCREEKWWTP17.2_WIPIMAP_DOCSIMXDIAJDIAMENDMENT__202003106C_LONGCREEK_JD.MXD - USER: KTHAMES - DATE: 011812020 APPROVED JURISDICTIONAL DETERMINATION VERIFICATION LEGEND Project Site (272 acres) Photographs Upland Data Points A Wetland Data Points Jurisdictional Perennial RPW Tributary Jurisdictional Seasonal RPW Tributary Jurisdictional Wetlands Non-404 Isolated Wetland DELINEATOIN BOUNDARIES CREATED BY GPS POINTS COLLECTED USING TRIMBLE GEO7XR J FY CHARLOTTE W TES Approximate Total Jurisdictional RPW Tributary: 13,248 linear feet Approximate Total Jurisdictional Wetlands: 33.53 acres Approximate Total Jurisdictional Open Water (Riverine): 3.5 acres (Catawba River Approximate Total Isolated (Non-404) Wetlands: 0.22 acres Approximate Total Uplands: 229.5 acres Approximate Total Site Acreage: 272 acres SAW#: 2019-01988 Author: KTHAMES Date: 3/18/2020 Data Source: HDR GIS Shapefiles Basemap Source: NC OneMap Orthoimagery Service Layer Credits: NC Center for Geographic Information & Analysis Sludge Pond - Non -Jurisdictional 0.29 acre Wetland 8 - Non Jurisdictional/Isolated 0.04 acre PATH: \\CLTSMAIN\GIS_DATA\GIS\ PROJECTS \J018_CHARLOTTEWATER\101 37229_LONGCREEKWWTP\7.2_WIP\MAP_DOCS\MXD1AJD1AMENDMENT_202003\06D_LONGCREEK_JD.MXD - USER: KTHAMES - DATE: 3/18/2020 Waters of the U.S. Perennial RPW 1 10,605 If Waters of the U.S. Wetland 7 - Abutting 13.31 acres STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT JURISDICTIONAL WATERS OF THE U.S. FIGURE 6D APPROVED JURISDICTIONAL DETERMINATION VERIFICATION Approximate Total Approximate Total Approximate Total Approximate Total Approximate Total Approximate Total Jurisdictional RPW Tributary: 13,248 linear feet Jurisdictional Wetlands: 33.53 acres Jurisdictional Open Water (Riverine): 3.5 acres (Catawba River) Isolated (Non-404) Wetlands: 0.22 acres Uplands: 229.5 acres Site Acreage: 272 acres SAW#: 2019-01988 Author: KTHAMES Date: 3/18/2020 Data Source: HDR GIS Shapefiles Basemap Source: NC OneMap Orthoimagery 01 CHARLOTTE W TES Waters of the U.S. Wetland 16 PFO - Abutting 0.23 acre Waters of the U.S. Wetland 16 PEM -Abutting 0.07 acre Waters of the U.S. Perennial RPW 1 10,605 If Service Layer Credits: NC Center for Geographic Information & Analysis PATH: 11CLTSMAINIGIS_DATAIGISIPROJECTS1J018_CHARLOTTEWATER1101 J7229_LONGCREEKWWTP17.2_WIP1MAP_DOCSIMXDIAJDIAMENDMENT_202000106E LONGCREEK JD.MXD - USER: KTHAMES - DATE: 011812020 Wetland 9 - Non Jurisdictional/Isolated 0.18 acre LEGEND Project Site (272 acres) Photographs Upland Data Points Wetland Data Points Waters of the U.S. Wetland 7 - Abutting 13.31 acres Waters of the U.S. Wetland 12 -Abutting 0.31 acre Jurisdictional Perennial RPW Tributary Jurisdictional Seasonal RPW Tributary GPS POINTS WERE COLLECTED USING TRIMBLE GEO7X AND POST -PROCESSED Jurisdictional Wetlands Non-404 Isolated Wetland a - Waters of the U.S. Wetland 10 -Abutting 5.78 acres Waters of the U.S. Wetland 11 -Abutting 0.16 acre STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT JURISDICTIONAL WATERS OF THE U.S. FIGURE 6E APPROVED JURISDICTIONAL DETERMINATION VERIFICATION LEGEND Project Site (272 acres) Photographs ® Upland Data Points * Wetland Data Points Jurisdictional Perennial RPW Tributary Jurisdictional Seasonal RPW Tributary Jurisdictional Wetlands Non-404 Isolated Wetland GPS POINTS WERE COLLECTED USING TRIMBLE GEO7X AND POST -PROCESSED SAW#: 2019-01988 Author: KTHAMES Date: 3/18/2020 Data Source: HDR GIS Shapefiles Basemap Source: NC OneMap Orthoimagery Approximate Total Approximate Total Approximate Total Approximate Total Approximate Total Approximate Total Waters of the U.S. Wetland 15 - Abutting 0.96 acre Jurisdictional RPW Tributary: 13,248 linear feet Jurisdictional Wetlands: 33.53 acres Jurisdictional Open Water (Riverine): 3.5 acres (Catawba River) Isolated (Non-404) Wetlands: 0.22 acres Uplands: 229.5 acres Site Acreage: 272 acres 01 CHARLOTTE W TES Waters of the U.S. Wetland 14 - Abutting 0.83 acre Service Layer Credits: NC Center for Geographic Information & Analysis PATH: 11CLTSMAINIGIS_DATAIGISIPROJECTS1J018_CHARLOTTEWATER1101J7229_LONGCREEKWWTP17.2_WIP1MAP_DOCSIMXDIAJDIAMENDMENT__20200J106F_LONGCREEK JD.MXD - USER: KTHAMES - DATE: 011812020 Waters of the U.S. Perennial RPW 1 10,605 If Waters of the U.S. Wetland 13 - Abutting 1.45 acres -OK L Waters of the U.S. Wetland 11 -Abutting 0.16 acre Waters of the U.S. Wetland 12 - Abutting 0.31 acre STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT JURISDICTIONAL WATERS OF THE U.S. FIGURE 6F APPROVED JURISDICTIONAL DETERMINATION VERIFICATION LEGEND Project Site (272 acres) Photographs (#, Upland Data Points Wetland Data Points Jurisdictional Perennial RPW Tributary Jurisdictional Seasonal RPW Tributary Jurisdictional Wetlands Non-404 Isolated Wetland GPS POINTS WERE COLLECTED USING TRIMBLE GEO7X AND POST -PROCESSED FY CHARLOTTE W TES SAW#: 2019-01988 Author: KTHAMES Date: 3/18/2020 Data Source: HDR GIS Shapefiles Basemap Source: NC OneMap Orthoimagery Note: Carolina Wetland Services reviewd the Mt. Holly side (Gaston County) on November 7, 2019 and March 10, 2020. Other than the Catawba River separating Gaston County and Mecklenbug Counties, no Waters of the US were observed. Waters of the U.S. Wetland 17 PFO -Abutting 0.2 acre (Figure 6e) Approximate Total Jurisdictional RPW Tributary: 13,248 linear feet Approximate Total Jurisdictional Wetlands: 33.53 acres Approximate Total Jurisdictional Open Water (Riverine): 3.5 acres (Catawba River) Approximate Total Isolated (Non-404) Wetlands: 0.22 acres Approximate Total Uplands: 229.5 acres Approximate Total Site Acreage: 272 acres Service Layer Credits: NC Center for Geographic Information & Analysis PATH: \\CLTSMAIN\GIS_DATA\GIS\ PROJECTS \J018_CHARLOTTEWATER\101 37229_LONGCREEKWWTP\7.2_WIP\MAP_DOCS\MXD1AJD1AMENDMENT_202003\06H_LONGCREEK_JD.MXD - USER: KTHAMES - DATE: 3/18/2020 Waters of the U.S. TNW Catawba River 3.5 acres Wetland 9 - Isolated 0.17 acre (Figure 6e) STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT JURISDICTIONAL WATERS OF THE U.S. FIGURE 6G APPROVED JURISDICTIONAL DETERMINATION VERIFICATION LEGEND Project Site (272 acres) Photographs ® Upland Data Points ® Wetland Data Points Jurisdictional Perennial RPW Tributary Jurisdictional Seasonal RPW Tributary Jurisdictional Wetlands Non-404 Isolated Wetland GPS POINTS WERE COLLECTED USING TRIMBLE GEO7X AND POST -PROCESSED 01 CHARLOTTE W TES SAW#: 2019-01988 Author: KTHAMES Date: 3/18/2020 Data Source: HDR GIS Shapefiles Basemap Source: NC OneMap Orthoimagery Approximate Total Approximate Total Approximate Total Approximate Total Approximate Total Approximate Total Note: Carolina Wetland Services reviewd the Mt. Holly side (Gaston County) on November 7, 2019 and March 10, 2020. Other than the Catawba River separating Gaston County and Mecklenbug Counties, no Waters of the US were observed. Jurisdictional RPW Tributary: 13,248 linear feet Jurisdictional Wetlands: 33.53 acres Jurisdictional Open Water (Riverine): 3.5 acres (Catawba River) Isolated (Non-404) Wetlands: 0.22 acres Uplands: 229.5 acres Site Acreage: 272 acres Service Layer Credits: NC Center for Geographic Information & Analysis PATH: IICLTSMAINIGIS_DATAIGISIPROJECTS1J018_CHARLOTTEWATER1101 J7229_LONGCREEKWWTP17.2_WIPIMAP_DOCSIMXDIAJDIAMENDMENT__202003106H_LONGCREEK_JD.MXD - USER: KTHAMES - DATE: 011812020 STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT JURISDICTIONAL WATERS OF THE U.S. FIGURE 6H APPROVED JURISDICTIONAL DETERMINATION VERIFICATION Appendix E Mitigation Transfer Forms and Wetland Credit Availability Compensatory Mitigation Responsibility Transfer Form Permittee: Charlotte Water, Carl Wilson Action ID: SAW-2019-01988 Project Name: Stowe Regional Water Resource Recovery Facility & Associated Infrastructure Projects County: Mecklenburg Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03050101, Catawba River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.2 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03050101, Catawba River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.4 Mitigation Site Debited: Citv of Charlotte Umbrella Stream and Wetland Mitigation Bank (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: City of Charlotte Umbrella Mitigation Bank Name of Sponsor's Authorized Representative: Erin Shanaberger, Mitigation Bank Administrator 3iidtat5e 1 /21 /2021 Signature of Sponsor's Authorized Representative Date of Signature Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from City of Charlotte Umbrella Stream and Wetland Mitigation Bank, confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 2/18/2020 was included with the preconstruction notification. This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC27587 (email: todd.tugwell@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: USACE Field Office: Email: David L. Shaeffer Charlotte Regulatory Office US Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 david.l.shaeffer@usace.army.mil Digitally signed by SHAEFFER.DAVID.LEIGH.1260750573 Date: 2020.05.28 07:10:29 -04'00' 5/28/2020 USACE Project Manager Signature Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil City of Charlotte Umbrella Bank Project Ledger (1/21/2021) Torrence Creek Balances 7,437.00 2.18 4/24/2017 2017 Initial -Year 5 Releases 2009-00801 7488.00 2.58 10/28/2020 2021 McDowell Interceptor buffer adjustment (51.00) 0.00 11/19/20 2021 Charlotte Water SAW-2019- 01988 0.00 (0.40) Stowe WRRF Burdette, Benjamin From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: Shanaberger, Erin <Erin.Shanaberger@charlottenc.gov> Monday, November 1, 2021 10:07 AM Burdette, Benjamin; Meador, Jacey RE: [EXT]Mitigation Credit Availability Inquiry: SAW- 2019-01988 Mitigation Credit Request Form_v2.pdf Follow up Flagged CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Looks like we can accommodate the change. Has this been run by the USACE PM yet? If so, can he issue an updated MRTF for us to fill out and sign? We can coordinate with Charlotte Water on the increased cost and payment once it has been approved. Our rates were updated in September, so the additional 0.058 WMUs would come at an increased cost and the total owed would be $6,310.75. I have attached an updated credit request form with a new link to the credit rates page (no need to fill out). Let me know if you have any questions, otherwise I will just wait for the MRTF form before coordinating with CLTW. Thanks! Erin From: Burdette, Benjamin <Benjamin.Burdette@hdrinc.com> Sent: Friday, October 29, 2021 4:39 PM To: Shanaberger, Erin <Erin.Shanaberger@charlottenc.gov>; Meador, Jacey <Jacey.Meador@charlottenc.gov> Subject: [EXT]Mitigation Credit Availability Inquiry: SAW- 2019-01988 EXTERNAL EMAIL: This email originated from the Internet. Do not click any images, links or open any attachments unless you recognize and trust the sender and know the content is safe. Please click the Phish Alert button to forward the email to Bad.Mail. Good afternoon Erin, I've taken the reins for the Stowe WWTP project from Kelly and it looks like we will be incurring more impacts than previously expected. Due to a redesign there will be two additional impacts and the elimination of one of the previous impacts. They are no longer filling a 0.04 acre area of wetland, however they will be filling the same wetland in a different place with 0.053 acres to build a retaining wall and building support. Further they will be incurring 0.016 acres of impact to create an access path for a dock as well as maintain an easement for their HDD effluent lines. This results in a net additional 0.029 acres of impact. We will be mitigating on a 2:1 basis and would like to see if the City of Charlotte Umbrella Mitigation Bank is able to accommodate the extra 0.058 acre (or closest increment). This would still be located in HUC: 03050101. This is actually my first time going through this process so if I left something out or if there is further information I can provide please let me know! 1 Benjamin Burdette D 704.248.3619 M 704.307.9796 hdrinc.com/follow-us From: Shanaberger, Erin <Erin.Shanaberger@ci.charlotte.nc.us> Sent: Thursday, January 21, 2021 1:23 PM To: Amschler, Crystal C SAW <Crystal.C.Amschler@usace.army.mil>; Roden Reynolds, Bryan K CIV (US) (Bryan.K.RodenReynolds@usace.army.mil) <Bryan.K.RodenReynolds@usace.army.mil> Cc: Thames, Kelly <Kellv.Thames@hdrinc.com>; Alan Johnson (alan.johnson@ncdenr.gov) <alan.johnson@ncdenr.gov>; Wilson, Carl <Carl.Wilson@charlottenc.gov> Subject: SAW- 2019-01988 Mitigation Responsibility Transfer Complete CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Ms. Amschler and Mr. Roden -Reynolds, This email confirms that Charlotte Water's payment for mitigation for the subject project (Stowe WRRF) has been processed. I have attached the signed Mitigation Responsibility Transfer Form and an updated copy of the project ledgers for the sites which were debited. Please let me know if you have any questions. Thank you, Eriti Slia4A9eroer, MNS Watershed Planning & Project Implementation Supervisor City of Charlotte I Storm Water Services (704) 562-2691 I erin.shanaberger@charlottenc.gov STORM WATER s.fyie•s*kso Appendix F PJD Modification Request Jurisdictional Determination Request US Army Corps of Enginocrs Orsrncr This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/Contact/CountyLocator. aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 WASHINGTON REGULATORY HELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 INSTRUCTIONS: All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Depailnient of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD 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 also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page 1 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: City, State: County: Parcel Index Number(s) (PIN): multiple - see attached B. REQUESTOR INFORMATION Name: Ben Burdette Mailing Address: 440 S. Church St., Suite 1000 Telephone Number: Electronic Mail Address: Select one: Charlotte, NC 28202 704-248-3619 benjamin.burdette@hdrinc.com I am the current property owner. I am an Authorized Agent or Environmental Consultant' Interested Buyer or Under Contract to Purchase Other, please explain. C. PROPERTY OWNER INFORMATION2 Name: multple - see attached Mailing Address: Telephone Number: Electronic Mail Address: 1 Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION3,4 By signing below, I 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, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. multiple - see attached Print Name Capacity: ❑ Owner ❑ Authorized Agents Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. ❑✓ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. ❑ A Corps JD is required in order obtain my local/state authorization. ❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: 3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. 4 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS ❑ Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. Size of Property or Review Area 95 acres. ❑✓ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS ❑✓ Project Coordinates (Decimal Degrees): Latitude: 35.281883 Longitude: -81.002348 A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 11x17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 • North Arrow • Graphical Scale • Boundary of Review Area • Date • Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: • Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. • Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. • Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: • Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. nCompleted Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) 6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. http://www.saw.usace.army.mil/Missions/Regulatory-Permit- Pro gram/Jurisdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request ❑ Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form and include the Aquatic Resource Table • AJDs, please complete an Approved Jurisdictional Determination Form8 Vicinity Map Aerial Photograph USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms Other Assessment Forms www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/JD/RGL 08-02 App A Prelim JD Form fillable.pdf 8 Please see http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: 11823 MOUNT HOLLY RD City, State: Charlotte, NC County: Mecklenburg Parcel Index Number(s) (PIN): 05305102 and 05306101 B. REQUESTOR INFORMATION Name: Ben Burdette Mailing Address: 440 S. Church St., Suite 1000 Telephone Number: Electronic Mail Address: Select one: RI El o Charlotte, NC 28202 (704) 248-3619 Benjamin.Burdette@hdrinc.com I am the current property owner. I am an Authorized Agent or Environmental Consultant' Interested Buyer or Under Contract to Purchase Other, please explain. C. PROPERTY OWNER INFORMATION2 Name: Clariant Corporation Mailing Address: 4000 Monroe Road Telephone Number: Electronic Mail Address: Charlotte, NC 28205 704-331-7104 mike.teague@clariant.com Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION34 By signing below, 1 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, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Print Nance Capacity: Owner El Authorized Agent' 5C 2o, 2o/9 Date Signature A E. REASON FOR JD REQUEST: (Check as many as applicable) I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. n I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. n I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. 1 intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. flI intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. ElA Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. 0 I believe that the site may be comprised entirely of dry land. ❑ Other: 3 For NCDOT requests following the current NCDOT/USAGE protocols, skip to Part E. If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 t m S) jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION3'4 By signing below, I 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, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Sean Bloom Print Name Capacity: ❑✓ Owner Authorized Agents 09-23-2019 Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) EI intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. O I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. 0 I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. O I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. EA Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. O I believe that the site may be comprised entirely of dry land. O Other: 3 For NCDOT requests following the current NCDOTVSACE protocols, skip to Part E. If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 u r- jurisdictional Determination Request A. PARCEL INFORMATION Belemeade Dr. and Mount Holly Rd. Street Address: City, State: County: Charlotte, NC Mecklenburg Parcel Index Number(s) (PIN): 05305103, 05305104, 05306117u B. REQUESTOR INFORMATION Name: Ben Burdette Mailing Address: Telephone Number: Electronic Mail Address: Select one: I am the current property owner. I am an Authorized Agent or Environmental Consultant' Interested Buyer or Under Contract to Purchase 440 S. Church St., Suite 1000 Charlotte, NC 28202 (704) 248-3619 Benjamin.Burdette@hdrinc.com LiOther, please explain. C. PROPERTY OWNER INFORIVATION2 Name: F_-- r- -) �'; �.��I f ISr.fl Mailing Address: Telephone Number: Electronic Mail Address: C'/�yyy 5! 4 f?r'rtr/= ./,/ 33615!3 Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION3'4 By signing below, I 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, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigne , am either a duly authorized owner of record of the property identified herein, or acting as ' e did -authorized agent of the owner of record of the\property. �7k C F if .04 Print me. Capacity: Owner n Authorized Agents Date Signature E. RR ' SON FOR JD REQUEST: (Check as many as applicable) nI intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. n I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. n I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps,and the JD would be used to avoid and minimize impactsto jurisdictional aquatic resources and as an initial step in a future permitting process. I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. nI intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. RA Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. I believe that the site may be comprised entirely of dry land. Other: 3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Benjamin Burdette, 440 S Church St. Suite 1000, Charlotte, NC 28202 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Gaston/Mecklenburg City: Mt. Holly/Charlotte Center coordinates of site (lat/long in degree decimal format): Lat.: 35.283099 Long.: -81.008359 Universal Transverse Mercator: NAD83 Name of nearest waterbody: Catawba River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) S8 35.283537 -81.011336 620 If non -wetland water Section 404 S9 35.283128 -81.009532 236 If non -wetland water Section 404 S 1 0 35.283748 -80.996699 752 If non -wetland water Section 404 W17 35.283194 -81.009784 0,15 ac wetland Section 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ■❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: ❑ Data sheets prepared/submitted by or on behalf of the PJD requestor. ['Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ■❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. O USGS 8 and 12 digit HUC maps. 1:24k Mount Holly, NC and Mountain Island Lake, NC ■❑ U.S. Geological Survey map(s). Cite scale & quad name: ■❑ Natural Resources Conservation Service Soil Survey. Citation: Gaston County and Mecklenburg County • National wetlands inventory map(s). Cite name: HUC 03050101 ❑ State/local wetland inventory map(s): • FEMA/FIRM maps: 3710359600L, 3710450600L ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ■❑ Photographs: ❑ Aerial (Name & Date): or ['Other (Name & Date): Site photographs (B Burdette/Sept, 2021) ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory staff member completing PJD Signatuand date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. LEGEND 0 Project Site Additional Area 0.5 1 V• Green Meadows iotCouree "fur PATH: \\CLTSMAIN\GIS DAT Miles 6 1 SIM�pOS C,`�s • c10 4.6 (e1 T Ave Fltoa reek existing Mt. Holly Water Reclamation Facility V • 41rnd Belmont Abbey CaMge Belmont Days, 41 St Pars. r II,. Gaston & Mecklenburg Counties, North Carolina US Na Whtrreeder Ctr -I Service Layer Credits: Sources: Esri, HERE, CHARLOTTE Garmin, Intermap, increment P Corp., GEBCO, I) EKadaster NL, sri Ordnance Ch na0(Hong Kong(,SMETI, (c) OpenStreetMap contributors, and the GIS User Community • I f I Pine Isbind Country Club •C I existing Long Creek Pumping Station Rubett L Smith Regional Park SAW#: 2019-01988 Author: BEBURDET Date: 11/9/2021 Basemap Source: ESRI World Topographic Map Paw 0.0 r STOWE RWRRF & ASSOCIATED INFRASTRUCTURE PROJECTS PROJECT VICINITY FIGURE 1 LEGEND 0 Project Site Additional Area USGS Quadrangles 1,000 2,000 A. , Feet "--; NI 0 1.: NT ,if 0 t L. Y. 1 [(4 3 / .,., T • • • . , 4 iy:, „ P •••• 11▪ 1. 'Agit • 1-' • ' - - _...•C'./ • ,• CAG•00,...Lr • a.; i , • " .' I0,!.....7:,.1.1 / - ' o • 1 ""-- • / P ? 4 4k I -"i '..- 4: ' ..i. ..„..)NT . .... .a.' 4 ., ... - ,...,_. .:, 1..▪ t o )/ • W \ ... ' 1 I r 11 MOUNT HO▪ LLY ' rsPCLI ,e • _ I i -/ .- . - •. i E...,CttV•la 21 -- _ - , 1 - - , • .41s-.7......mmomprimm!...t_ X \ /7 CHARLOTTE FY W6TE R AMINONE.• Service Layer Credits: Copyright:© 2013 National Geographic Society, 1- cubed MOUNTAIN ISLAND LAKE SAW#: 2019-01988 Author: BEBURDET Date: 11/9/2021 Data Source: USGS 1:24,000-scale Quadrangles Mount Holly, NC and Mountain Island Lake, NC Basemap Source: ESRI USA Topo Map (6,A STOWE RWRRF & ASSOCIATED INFRASTRUCTURE PROJECTS USGS TOPOGRAPHIC QUADRANGLES FIGURE 2 APPROVED JURISDICTIONAL DETERMINATION VERIFICATION LEGEND 0 Project Site Additional Area Gaston County Parcels Mecklenburg County Parcels 750 Feet 1,500 zk Map ID Number Parce ID Number 5305102 5305103 5305104 5306101 5306119 5306117 124524 217834 124527 124512 CNARLOTTI WL,TEI E4 narlOtteem 113 Service Layer Credits: © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS © 2021 TomTom SAW#: 2019-01988 Author: BEBURDET Date: 11/9/2021 Data Source: Gaston County GIS and Mecklenburg County GIS Tax Parcel Layers Basemap Source: Bing Maps Hybrid STOWE RWRRF & ASSOCIATED INFRASTRUCTURE PROJECTS AERIAL IMAGERY AND MECKLENBURG COUNTY PARCELS FIGURE 3 APPROVED JURISDICTIONAL DETERMINATION VERIFICATION x LEGEND Project Site Additional Area Soil Map Units Hydric Rating 1 - 32% 0 600 1,200 A Feet Symbol Man Lh8 Narre CeB2 — CeD2 - CfB - DaB — DaD — DAM — EnB — EnD - HeB On -Site Soils Cecil sandy clay loam 2 to 8 percent slopes, moderately eroded Cecil sandy clay loam 8 to 15 percent slopes, moderately eroded Cecil -Urban land complex, 2 to 18 percent slopes Davidson sandy clay loam 2 to 8 percent slopes Davidson sandy clay loam 8 to 15 percent slopes Dam Enon sandy loam 2 to 8 percent slopes Enon sandy loam 8 to 15 percent slopes Helena sandy loam, 2 to 8 percent slopes LdB2 — Lloyd sandy clay loam 2 to 8 percent slopes, rroderately eroded MeB — Mecklenburg fine sandy loam 2 to 8 percent slopes MO — Monacan loam 0 to 2 percent slopes, frequently flooded PaE — Pacolet sandy loam 15 to 25 percent slopes PaF — Pacolet sandy loam 25 to 45 percent slopes UL — Udorthents, loamy Ur — Urban land W — Water WkB — Wilkes loam 4 to 8 percent slopes WkD — Wilkes loam 8 to 15 percent slopes WkE — Wilkes loam 15 to 25 percent slopes CHARLOTTE W6TER Service Layer Credits: © 2021 Microsoft Corporation © 2021 Maxar ©CNES .t_ SAW#: 2019-01988 Author: BEBURDET Date: 11/9/2021 Data Source: NRCS Websoil Survey.. Basemap Source: Bing Maps Hybrid �rrro STOWE RWRRF & ASSOCIATED INFRASTRUCTURE PROJECTS NRCS SOILS SURVEY FIGURE 4 APPROVED JURISDICTIONAL DETERMINATION VERIFICATION LEGEND Project Site Additional Area USGS National Hydrography Dataset USFWS National Wetland Inventory FEMA FIRM Panels Floodway 100 Year Floodplain 0 600 1,200 0 Feet SAW#: 2019-01988 Author: BEBURDET Date: 11/9/2021 Data Source: National Wetland Inventory (http://www.fws.gov.wetlands [2017]); USGS National Hydrography Dataset (http://www.nhd.usgs.gov/ [2017]); FEMA Map Service Center, National Flood Hazard Layer (https://msc.fema.gov/portal [2017]); Basemap Source: Bing Maps Hybrid CHARLOTTIC W TEE Service Layer Credits: © 2021 Microsoft Corporation © 2021 Maxar ©CNES (2021) Distribution Airbus DS © 2021 TomTom STOWE RWRRF & ASSOCIATED INFRASTRUCTURE PROJECTS NHD, NWI, AND FEMA FLOODPLAINS FIGURE 5 APPROVED JURISDICTIONAL DETERMINATION VERIFICATION Potential Tributary Perennial Stream 9 236 If Potential Tributary Intermittent Stream 8 620 If CHARLOTTE W6TER Potential Wetland - PFO Wetland 17 0.15 ac Service Layer Credits: NC Center for Geographic Information & Analysis PATH: IICLTSMAINIGIS_DATAIGISIPROJECTS13016_CHARLOTTEWATER116137229_LONGCREEKWWTP17.2_WIPIMAP_DGCSIMXDINWPIUPDATE_26211PJD106A_LONGCREEK JD.MXD - USER: BEBURDET - DATE: 119/2021 LEGEND L Potential Tributary Intermittent Stream 10 752 If Jitw 1k. SAW#: 2019-01988 Author: BEBURDET Date: 11/9/2021 Data Source: HDR GIS Shapefiles Basemap Source: NC OneMap Orthoimagery Additional Area Project Site Potentially Jurisdictional Stream Potentially Jurisdictional Wetlands 375 750 DELINEATION BOUNDARIES CREATED BY GPS POINTS COLLECTED USING TRIMBLE GEO7XR Jurisdictional Perennial RPW Tributary Jurisdictional Seasonal RPW Tributary Jurisdictional Wetlands Non-404 Isolated Wetland O Upland Data Points O Wetland Data Points Photographs STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT POTENTIALLY JURISDICTIONAL WATERS OF THE U.S. FIGURE 6 APPROVED JURISDICTIONAL DETERMINATION VERIFICATION Photograph 1 — Stream 8 looking downstream (September, 2021) Photograph 2 — Wetland 17, facing east (September, 2021) Photograph 3 — Stream 9, looking downstream (September, 2021) Photograph 4 — Stream 10, looking upstream (September, 2021) U.S. Army Corps of Engineers WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R OMB Control #: 0710-xxxx, Exp: Pending Requirement Control Symbol EXEMPT: (Authority: AR 335-15, paragraph 5-2a) Project/Site: Stowe - Mt. Holly Applicant/Owner: Charlotte Water City/County: Gaston County Sampling Date: 9/3/2021 Investigator(s): Benjamin Burdette, WPIT QHP/Blake Hartshorn, WPIT Section, Township, Range: Landform (hillside, terrace, etc.): Floodplain Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.283198 Soil Map Unit Name: ChA State: NC Sampling Point: DP1-Wet Local relief (concave, convex, none): concave Slope (%): 2 Long: -81.009860 Datum: NAD83 Are climatic / hydrologic conditions on the site typical for this time of year? NWI classification: PFO Yes X No (If no, explain in Remarks.) Are Vegetation , Soil , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X 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? Hydric Soil Present? Wetland Hydrology Present? Yes X No Yes X No Yes X No Is the Sampled Area within a Wetland? Yes X No Remarks: Located in a floodplain and is indicative of Wetland 17 HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply) Secondary Indicators (minimum of two required) Surface Soil Cracks (B6) Surface (B8) (C2) Imagery (C9) (D1) (D4) _ Surface Water (A1) True Aquatic Plants (B14) Sparsely Vegetated Concave _ _ _ X High Water Table (A2) Hydrogen Sulfide Odor (C1) X Drainage Patterns (B10) _ X Saturation (A3) Oxidized Rhizospheres on Living Roots (C3) Moss Trim Lines (B16) _ _ X Water Marks (B1) Presence of Reduced Iron (C4) Dry -Season Water Table _ _ X Sediment Deposits (B2) Iron Reduction in Tilled Soils (C6) Burrows (C8) _Recent _Crayfish X Drift Deposits (B3) Muck Surface (C7) Visible on Aerial _Thin _Saturation Mat or Crust (B4) (Explain in Remarks) or Stressed Plants _Algal _Other _Stunted Iron Deposits (B5) X Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (B7) Shallow Aquitard (D3) _ _ Water -Stained Leaves (B9) Microtopographic Relief _ _ Aquatic Fauna (B13) X FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes X No Water Table Present? Yes X No Depth (inches): 6 Saturation Present? Yes X No Depth (inches): 1 (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Primary and secondary wetland hydrology indicators present. ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP1 Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status 1. betula nigra 10 Yes FACW 2. Acer rubrum 10 Yes FAC 3. Liquidambar styraciflua 10 Yes FAC 4. 5. 6. 7. 30 =Total Cover 50% of total cover: 15 20% of total cover: 6 Sapling/Shrub Stratum (Plot size: 15 ) 1. Liquidambar styraciflua 2. Acer rubrum 3. 4. 5. 6. 7. 8. 9. 5 5 Yes FAC Yes FAC 10 =Total Cover 50% of total cover: 5 20% of total cover: 2 Herb Stratum (Plot size: 5 ) 1. Toxicodendron radicans 2 No FAC 2. Woodwardia areolata 2 No FACW 3. 4. 5. 6. 7. 8. 9. 10. 11. 4 =Total Cover 50% of total cover: 2 20% of total cover: 1 Woody Vine Stratum (Plot size: 1. 2. 3. 4. 5. =Total Cover 50% of total cover: 20% of total cover: Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 5 (A) Total Number of Dominant Species Across All Strata: 5 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 100.0% (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) Prevalence Index = B/A = (B) Hydrophytic Vegetation Indicators: 1 - Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% 3 - Prevalence Index is <_3.01 4 - Morphological Adaptations (Provide supporting 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. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody Vine - All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) Hydrophytic vegetation dominant ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: DP1 Depth (inches) Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Matrix Redox Features Color (moist) % Color (moist) % Typal Loc2 Texture 0-6 10YR 5/1 100 6-20 10YR 5/2 100 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Loamy/Clayey Loamy/Clayey Remarks 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Histosol (A1) _ Histic Epipedon (A2) Black Histic (A3) _ Hydrogen Sulfide (A4) _ Stratified Layers (A5) 2 cm Muck (A10) (LRR N) _ Depleted Below Dark Surface (A11) Thick Dark Surface (Al2) Sandy Mucky Mineral (S1) _ Sandy Gleyed Matrix (S4) Sandy Redox (S5) _ Stripped Matrix (S6) Dark Surface (S7) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) Loamy Mucky Mineral (F1) (MLRA 136) _ Loamy Gleyed Matrix (F2) X Depleted Matrix (F3) _ Redox Dark Surface (F6) _ Depleted Dark Surface (F7) _ Redox Depressions (F8) _ Iron -Manganese Masses (F12) (LRR N, MLRA 136) Umbric Surface (F13) (MLRA 122, 136) Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147, 148) Indicators for Problematic Hydric Soils3: 2 cm Muck (A10) (MLRA 147) _ Coast Prairie Redox (A16) (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) _ Red Parent Material (F21) (outside MLRA 127, 147, 148) Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3lndicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks: Hydric soil present. ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 U.S. Army Corps of Engineers WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R OMB Control #: 0710-xxxx, Exp: Pending Requirement Control Symbol EXEMPT: (Authority: AR 335-15, paragraph 5-2a) Project/Site: Stowe - Mt Holly Applicant/Owner: Charlotte Water City/County: Gaston County Sampling Date: 9/3/2021 Investigator(s): Benjamin Burdette, WPIT QHP/Blake Hartshorn, WPIT Section, Township, Range: Landform (hillside, terrace, etc.): Hillside Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.283154 Soil Map Unit Name: ChA State: NC Sampling Point: DP2-Up Local relief (concave, convex, none): convex Slope (%): 5 Long: -81.009998 Datum: NAD83 Are climatic / hydrologic conditions on the site typical for this time of year? NWI classification: Upland Yes X No (If no, explain in Remarks.) Are Vegetation , Soil , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X 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 X No Hydric Soil Present? Yes No X Wetland Hydrology Present? Yes No X Is the Sampled Area within a Wetland? Yes No X Remarks: Datapoint representative of upland berm adjacent to Wetland 17 HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply) Secondary Indicators (minimum of two required) Surface Soil Cracks (B6) Surface (B8) (C2) Imagery (C9) (D1) (D4) _ Surface Water (A1) True Aquatic Plants (B14) Sparsely Vegetated Concave _ _ _ 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 _ _ _ Sediment Deposits (B2) Recent Iron Reduction in Tilled Soils (C6) Crayfish Burrows (C8) _ _ _ Drift Deposits (B3) Thin Muck Surface (C7) Saturation Visible on Aerial _ _ _ Mat or Crust (B4) (Explain in Remarks) or Stressed Plants _Algal _Other _Stunted Iron Deposits (B5) Geomorphic Position (D2) _ _ Inundation Visible on Aerial Imagery (B7) Shallow Aquitard (D3) _ _ Water -Stained Leaves (B9) Microtopographic Relief _ _ Aquatic Fauna (B13) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): Wetland Hydrology Present? Yes No X Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Hydrology is absent. ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP2-Up Tree Stratum (Plot size: 30 ) 1. Acer rubrum 2. Liquidambar styraciflua 3. Fagus grandifolia 4. 5. 6. 7. Absolute Dominant Indicator % Cover Species? Status 15 Yes FAC 10 Yes FAC 5 No FACU 30 =Total Cover 50% of total cover: 15 20% of total cover: 6 Sapling/Shrub Stratum (Plot size: 15 ) 1. Liquidambar styraciflua 2. 3. 4. 5. 6. 7. 8. 9. 50% of total cover: Herb Stratum (Plot size: 5 ) 1. Toxicodendron radicans 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 5 Yes 5 =Total Cover FAC 3 20% of total cover: 1 15 Yes 15 =Total Cover FAC 50% of total cover: 8 20% of total cover: 3 Woody Vine Stratum (Plot size: 1. 2. 3. 4. 5. 50% of total cover: =Total Cover 20% of total cover: Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 4 (A) Total Number of Dominant Species Across All Strata: 4 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 100.0% (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species FACW species FAC species FACU species UPL species Column Totals: Prevalence Index x 1 = x 2 = x 3 = x 4 = x 5 = (A) = B/A = (B) Hydrophytic Vegetation Indicators: 1 - Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% 3 - Prevalence Index is <_3.01 4 - Morphological Adaptations (Provide supporting 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. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody Vine - All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) Hydrophytic vegetation is dominant. ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: DP2-Up Depth (inches) Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Matrix Redox Features Color (moist) % Color (moist) % Typal Loc2 Texture 0-20 10YR 5/4 100 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Loamy/Clayey Remarks 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Histosol (A1) _ Histic Epipedon (A2) Black Histic (A3) _ Hydrogen Sulfide (A4) _ Stratified Layers (A5) 2 cm Muck (A10) (LRR N) _ Depleted Below Dark Surface (A11) Thick Dark Surface (Al2) _ Sandy Mucky Mineral (S1) _ Sandy Gleyed Matrix (S4) _ Sandy Redox (S5) _ Stripped Matrix (S6) Dark Surface (S7) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) Loamy Mucky Mineral (F1) (MLRA 136) _ Loamy Gleyed Matrix (F2) _ Depleted Matrix (F3) _ Redox Dark Surface (F6) _ Depleted Dark Surface (F7) _ Redox Depressions (F8) _ Iron -Manganese Masses (F12) (LRR N, MLRA 136) Umbric Surface (F13) (MLRA 122, 136) Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147, 148) Indicators for Problematic Hydric Soils3: 2 cm Muck (A10) (MLRA 147) _ Coast Prairie Redox (A16) (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) _ Red Parent Material (F21) (outside MLRA 127, 147, 148) Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3lndicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No X Remarks: Hydric soil is absent. ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 NC DWQ Stream Identification Form Version 4.11 Date: 9/3/2021 Project/Site: Stowe Latitude: 35.283537 Evaluator: B Burdette/B Hartshorn County: Gaston Longitude: -81.011336 Total Points: Sif 19 rpere least intermittent perennial 21.5 if >_ 19 or perennial if >_ 30* ..„,„^�,^„ Stream D (^ircle one) Perennial Other Stream 8 e.g. Quad Name: Ephemer I Intermittent A. Geomorphology (Subtotal = 11.5 ) Absent Weak Moderate Strong la Continuity of channel bed and bank 0 1 2 0 2. Sinuosity of channel along thalweg 0 1 0 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 0 3 4. Particle size of stream substrate 0 1 0 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 O 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0 1 1.5 11. Second or greater order channel No = 0 Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 6 12. Presence of Baseflow 0 ID 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 p 0.5 0 15. Sediment on plants or debris 0 0 1 1.5 16. Organic debris lines or piles 0 0 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 C. Biology (Subtotal = 4 18. Fibrous roots in streambed 3 O 1 0 19. Rooted upland plants in streambed 3 0 1 0 20. Macrobenthos (note diversity and abundance) LJ 1 2 3 21. Aquatic Mollusks p 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians Op 0.5 1 1.5 25. Algae ED 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5c= *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: BH: 2 - 5' BW: 2 - 6' Looks to be straightened ditch, steep undercut sides. Culverted. Sketch: NC DWQ Stream Identification Form Version 4.11 Date: 9/3/2021 Project/Site: Stowe Latitude: 35.283155 Evaluator: B Burdette/B Hartshorn County: Gaston Longitude:_81.009504 Total Points: Stream is at /east intermittent if 19 or perennial if 30* 32.5 >_ >_ Stream Determination ^ir^I.. ^^..) Other Stream 9 e.g. Quad Name: Ephemeral Intermitte t Perennial A. Geomorphology (Subtotal = 10.5 ) Absent Weak Moderate Strong la Continuity of channel bed and bank 0 1 2 0 2. Sinuosity of channel along thalweg 0 1 0 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 0 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 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 0 1 1.5 11. Second or greater order channel No = 0 Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 11.5 12. Presence of Baseflow 0 1 2 13. Iron oxidizing bacteria 0 O 2 3 14. Leaf litter 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 Q5 16. Organic debris lines or piles 0 0.5 1 0 17. Soil -based evidence of high water table? No = 0 Yes = 3 C. Biology (Subtotal = 10.5 18. Fibrous roots in streambed © 2 1 0 19. Rooted upland plants in streambed 0 2 1 0 20. Macrobenthos (note diversity and abundance) LJ 1 2 3 21. Aquatic Mollusks p 1 2 3 22. Fish 0 0.5 0 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 10 1.5 25. Algae 0 0.5 p 1.5 26. Wetland plants in streambed FACW = 0.75; Other = 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: BH: 2 - 10' BW: 30' Possibly a branch of backwater from Catawba River. looks to be fed offsite. Sketch: NC DWQ Stream Identification Form Version 4.11 Date: 9/3/2021 Project/Site: Stowe Latitude: 35.284033 Evaluator: B Burdette/B Hartshorn county: Mecklenburg Longitude: -80.996432 Total Points: Stream is at least intermittent 23.5 if >_ 19 or perennial if >_ 30" Stream De - •. . - ' • • rcle one) Other Stream 10 e.g. Quad Name: Ephemera Intermittent 'erennial A. Geomorphology (Subtotal = 14.5 ) Absent Weak Moderate Strong la Continuity of channel bed and bank 0 1 O 3 2. Sinuosity of channel along thalweg 0 1 2 0 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 02 3 4. Particle size of stream substrate 0 1 02 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 20 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 O 3 9. Grade control 0 1 1.5 10. Natural valley 0 0.5 0 1.5 11. Second or greater order channel No = 0 Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 5 12. Presence of Baseflow 0 0 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 C. Biology (Subtotal = 4 18. Fibrous roots in streambed 3 1.2-) 1 0 19. Rooted upland plants in streambed 3 0 1 0 20. Macrobenthos (note diversity and abundance) lJ 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. Wetland plants in streambed FACW = 0.75; OBL = 1.5 110.271341 "perennial streams may also be identified using other methods. See p. 35 of manual. Notes: BH: 2 - 10' BW: 30' Possibly a branch of backwater from Catawba River. looks to be fed offsite. Sketch: