SW3220102_Wetland Determination/Report_20220131

WETLAND DETERMINATION REPORT
a
DOWNTOWN WAXHAW
301 GIVENS STREET
WAXHAW, UNION COUNTY, NORTH CAROLINA
ECS PROJECT NO. 49:15039
FOR ALFRED BENESCH & CO
SEPTEMBER 24, 2021

ECS Southeast, LLP
"Setting the Standard for Service"
Geotechnical • Construction Matena€s • Environmental • Facilities
September 24, 2021
Mr. Brian Cannella
Alfred Benesch & Co
2359 Perimeter Pointe Parkway
Suite 350
North Carolina, 28208
ECS Project No. 49:15039
Reference: Waters of the US Delineation Report, Downtown Waxhaw, 301 Givens
Street, Waxhaw, Union County North Carolina
Dear Mr. Cannella:
ECS Southeast, LLP (ECS) is pleased submit this report of the Waters of the US services for the
above -referenced site. ECS services were provided in general accordance with ECS Proposal
No. 49:26314 authorized on August 26, 2021 and generally meet the requirements of the 1987 U.S.
Army Corps of Engineers (USACE) Wetlands Delineation Manual, and on the Regional Supplement
to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region,
Version 2.0 dated April 2012. Based on our field reconnaissance, potentially jurisdictional Waters of
the US (WOUS) are present onsite.
If there are questions regarding this report, or a need for further information, please contact the
undersigned.
ECS Southeast, LLP
Ron Johnson
Senior Project Manager
[e-mail]
704-995-3963
Brandon Fulton, LSS, PSC, PWS
Environmental Principal
[e-mail]
704-968-5704
1812 Center Park Drive, Suite D, Charlotte, North Carolina 28217 • T: 704-525-5152 • F: 704-357-0023 • ecslimited.com
ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Southwest, LLP
ECS Capitol Services, PLLC -An Associate of the ECS Group of Companies

ECSSoutheast, LLP
TABLE OF CONTENTS PAGE
1.0
INTRODUCTION.............................................................. 1
2.0
METHODOLOGY............................................................. 1
2.1 Literature Review........................................................ 1
2.2 Methodology for Field Investigation ......................................... 1
2.3 Methodology for Delineating Streams ....................................... 2
3.0
FINDINGS................................................................... 2
3.1 Literature Review Summary ............................................... 2
3.2 Field Investigation Findings ................................................ 3
4.0
REGULATORY DISCUSSION.................................................... 3
5.0
WATERSHED CLASSIFICATION/BUFFER REQUIREMENTS ........................... 4
5.1 State Riparian Buffer Requirements ........................................ 4
5.2 Local Buffer Requirements ................................................ 4
5.3 Stormwater Requirements ................................................ 4
6.0
CONCLUSIONS............................................................... 5
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TABLE OF APPENDICES
Appendix I: Figures
Appendix II: Photographic Log
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1.0 INTRODUCTION
This report presents the findings of the wetland and stream delineation study conducted by ECS
Southeast, LLP (ECS) for Alfred Benesch & Co at the Downtown Waxhaw located at the intersection
of 301 Givens Street, Waxhaw, Union County, North Carolina (34.922971,-80.744832). According
to the Union County GIS website, the site comprises Parcel No(s). 05115026 The site includes
approximately 9.9-acres, as shown on the Site Location Map (Appendix I, Figure 1). The site currently
consists of The site consists of moderately wooded land. Surrounding areas consists of single-family
residences and wooded land. Based on the United States Geological Survey (USGS) Topographic
Map, no tributaries are depicted on the site. The purpose of this study was to identify and delineate
jurisdictional Waters of the U.S. (WOUS) within the project study area (PSA).
Wetlands are defined by the United States Army Corps of Engineers (USACE) and the United States
Environmental Protection Agency (EPA) as "those areas that are inundated or saturated by surface
or groundwater at a frequency and duration sufficient to support, and under normal circumstances,
do support a prevalence of vegetation typically adapted for life in saturated soil conditions." In order
for an area to be classified as wetland, hydrophytic vegetation, hydric soils, and wetland hydrology
indicators must be present described in the 1987 "Corps of Engineers Wetlands Delineation Manual"
and the Appropriate Regional Supplement.
2.0 Mt I HUUULU(3Y
This WOUS delineation is based on ECS' professional judgment and application of the technical
criteria presented in the 1987 USACE Wetlands Delineation Manual, and on the Regional Supplement
to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region,
Version 2.0 dated April 2012 .
ECS completed the following tasks to identify and delineate potentially jurisdictional WOUS
boundaries onsite:
2.1 Literature Review
ECS wetland scientists reviewed the US Geological Survey (USGS) Topographic Map, US Department
of Agriculture Natural Resource Conservation Service (USDA-NRCS) Soil Survey of Union County, the
USDA NRCS 2015 National Hydric Soils List for Union County, the Federal Emergency Management
Agency (FEMA) Floodplain Mapping Service, US Fish & Wildlife Service (USFWS) National Wetlands
Inventory (NWI) Wetlands Mapper, and available aerial photographs to identify potentially
jurisdictional Waters of the US (i.e., streams, wetlands, natural ponds, lakes), and available watershed
information.
2.2 Methodology for Field Investigation
Wetland boundaries were delineated using the routine onsite determination method described in the
USACE Manual and Regional Supplement, in conjunction with the Piedmont 2016 Regional Wetland
Plant List, and the USDA Soil Survey.
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ECS performed onsite wetland delineations as described above. First, site hydrology was observed
and the plant community within the data plot was characterized. The dominant plant species within
each community were then identified, and it was determined whether or not hydrophytic (wetland)
plants dominated the plant community. The USFWS has defined five wetland plant indicator
categories including:
• Obligate wetland (OBL) - has >99% probability of occurring in wetlands
• Facultative wetland (FACW) - has 66% to 99% chance of occurring in wetlands
• Facultative (FAC) - has 33% to 66% chance of occurring in wetlands
• Facultative upland (FACU) - has 1 to 33% chance of occurring in wetlands
• Upland (UPL) - has <1 % chance of occurring in wetlands
• No Indicator (NI) - no wetland indicator for the specified species, considered UPL
Plants identified as OBL, FACW, or FAC are considered wetland plants (or hydrophytes) by USACE.
In areas determined to have hydrophytic vegetation and potential wetland hydrology, an
approximately 16-24 inch hand auger soil boring or shovel test pit was completed to determine if
hydric soils were present. The soil boring was also inspected to determine if indicators of wetland
hydrology (inundation, soil saturation, etc.) were present.
Once an area is determined to be a wetland, further testing was performed to locate the wetland/
upland (non -wetland) boundary. A second soil data point was completed in the upland area to
document non -wetland conditions. Wetland boundaries were marked with consecutively numbered
surveyor's ribbon flags.
Data forms specified in the Regional Supplement were completed for each wetland and non -wetland
soil data point location. The data forms recorded the vegetation, soils, and hydrology observations
used in making the wetland determinations.
2.3 Methodology for Delineating Streams
During the field investigation, ECS identified streams onsite that could be considered jurisdictional by
state and federal regulatory agencies. ECS used field indicators such as flow, substrate composition,
presence/absence of defined bed and banks, origin of hydrologic source, presence/absence of
vegetation in the stream channel, and composition and relative abundance of resident benthic
macroinvertebrates to classify onsite streams into three stream types: ephemeral, intermittent, and
perennial.
3.0 FINDINGS
3.1 Literature Review Summary
The following is a summary of the available desktop information that was reviewed as part of this
WOTUS Delineation:
• According to the USGS Topographic Map, Waxhaw, North Carolina Quadrangle dated
2019 (Figure 2), the PSA is situated at an approximate elevation of 750 feet above mean sea
level (MSQ.
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According to the NRCS Union County Soil Survey, (Figure 3), soils on the PSA have been
mapped as Unit(s) TbC2: Tarrus gravelly silty clay loam, 8 to 15 percent slopes, moderately
eroded, and TuB: Tarrus-Urban land complex, 2 to 8 percent slopes. The aforementioned
soils were not listed as hydric soils on the national hydric soils list for Union County, North
Carolina.
The FEMA Flood Insurance Rate Maps (FIRM), Panel3710447300J, dated October 16,
2008 (Figure 4) indicates the PSA is located in unshaded Zone X. Zone X areas are determined
to be outside the 0.2%Annual Chance Floodplain.
• The US Fish and Wildlife NWI map (Figure 5) does not identify wetlands on the PSA.
• The site is located within the Twelvemile Creek watershed and is identified as Hydrologic Unit
Code (HUC) 030501030204.
3.2 Field Investigation Findings
ECS personnel conducted the field investigation on September 10, 2021. The last precipitation event
prior to the site reconnaissance was on September 9, 2021 and approximately 0.03 inch was
recorded. During the reconnaissance, ECS observed the PSA for evidence of WOUS, including ponds,
streams, and wetlands.
These jurisdictional areas were marked with blue (streams) and pink (wetlands) flagging tape and
located using a Trimble Geo7X hand-held GPS unit capable of sub -foot accuracy. ECS
identified four potentially jurisdictional areas including two potentially jurisdictional streams and
two potentially jurisdictional wetlands, summarized in Table 1 below.
Table 1: WOUS Summary Table
Wetland/Stream
ID
Classification
Acreage
Linear Feet (if applicable)
Stream 1
Ephemeral
N/A
191
Stream 1
Intermittent
N/A
498
Stream 2
Intermittent
N/A
60
Wetland 1
Emergent
0.00096
N/A
Wetland 2
Forested
0.007
N/A
Total
--
0.00796
749
4.0 REGULATORY DISCUSSION
The WOUS are regulated by Sections 401 and 404 of the Clean Water Act. State and Federal law
dictates that any disturbance to WOUS must be permitted through the appropriate agencies.
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Upon your request, we will contact the USACE to schedule a field meeting to conduct a wetlands
and Waters boundary confirmation and preliminary jurisdictional determination. The timeline of this
process is dependent on the availability of the regulator. If any potential impacts are proposed,
we can assist you with permitting options and support to complete the process. In the interim,
we recommend further review of state and federal agency records pertaining to Section 7 (Federal
Endangered Species Act) and Section 106 (National Historic Preservation Act). These reviews will
generally be required to verify compliance for either the Nationwide Permit (NWP) or General Permit
conditions.
If jurisdictional wetlands and streams are present at the site, planned land disturbance in these areas
would likely require a permit from the USACE and/or the N.C. Division of Water Resources.
;.0 WATERSHED CLASSIFICATION/BUFFER REQUIREMENTS
5.1 State Riparian Buffer Requirements
The PSA is located in the Catawba River Basin. Surface waters within the Catawba River Basin are not
subject to State mandated riparian buffers, except for the main stem of the Catawba River.
5.2 Local Buffer Requirements
ECS reviewed the Union County Code of Ordinances to determine if the county has vegetative
buffer requirements for surface waters. According to the Ordinance, a minimum one hundred -foot
vegetative buffer is required for all new development activities that exceed the low density option;
otherwise, a minimum fifty -foot vegetative buffer for development activities is required along all
perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale
topographic maps or as determined by local government studies. Desirable artificial streambank or
shoreline stabilization is permitted.
ECS recommends consultation with a civil engineer to determine if mandatory vegetative buffers and/
or regulated development (impervious surfaces) setbacks are required for the site in addition to those
mentioned above.
5.3 Stormwater Requirements
Surface waters located within the PSA appear to flow to Rone Branch, which is classified as a Class
C water. Class C waters are protected for uses such as secondary recreation, fishing, wildlife, fish
consumption, aquatic life including propagation, survival and maintenance of biological integrity,
and agriculture. Secondary recreation includes wading, boating, and other uses involving human
body contact with water where such activities take place in an infrequent, unorganized, or incidental
manner. ECS reviewed the NCDWR online stormwater permitting map to determine jurisdiction
of NCDWR stormwater regulations. According to the online permitting map, it appears the site is
located in an area designated as Local Permitting Authority. ECS recommends consultation with a civil
engineer to determine if mandatory vegetative buffers and/or regulated development (impervious
surfaces) setbacks are required for the site in addition to those mentioned above.
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�.0 CONCLUSIONS
Two potentially jurisdictional wetland areas totaling approximately
0.00796 acre and two potentially jurisdictional streams totaling approximately 749 linear feet were
identified and delineated within the study area. The locations and boundaries of jurisdictional Waters
are illustrated on the attached Waters of the U.S. Delineation Map (Figure 6).
The flagged WOUS boundaries are subject to change during the jurisdictional determination meeting
with the USACE. ECS cannot guarantee that field conditions and/or WOUS boundaries will not change
over time.
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Appendix I: Figures

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• y�• i WATERS OF THE
''=, ti��,� r• U.S. DELINEATION
MAP
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Stream 1 60 LF NOTES:
1. POTENTIALLY JURISDICTIONAL
r 498 LF WATERS OF THE US WERE
7 -, DELINEATED BY ECS ON
.•� SEPTEMBER 10, 2021.
• r S {r
C • �* 2. FEATURES DEPICTED ON THIS
MAP HAVE NOT BEEN VERIFIED BY
THE USACE AND/OR SCDHEC. THE
DELINEATION FINDINGS ARE
• �- SUBJECT TO CHANGE BASED ON
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ow
0 150 300 600
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AGENCY VERIFICATION.
3. THIS MAP SHOULD BE USED
FOR PRELIMINARY PLANNING
PURPOSES.
AMC 1 " = 300 '
• Approved By: Date:
WBF 09/14/2021
ECS Project No.
49: 15039
FIGURE 6

Appendix II: Photographic Log

ECSSoutheast, LLP
1 -View of Stream 1.
2 - View of Stream 2.
ECS Project # 49:15039

ECSSoutheast, LLP
3 - View of Wetland 1.
4 - View of Wetland 2.
ECS Project # 49:15039

ECSSoutheast, LLP
5 - Ephemeral portion of Stream 1
ECS Project # 49:15039