20140875 Ver 1_401 Application_20140814

WILDLANDS
E N G I N E E R1 NC,
August 11., 2014
Ms. Karen Higgins
NC DENR
Division of Water Resources, 401 & Buffer Permitting Unit
512 North Salisbury Street
Raleigh, North Carolina 27604
1
FUG 3 0j F' QUALITY'
Subject: Pre - Construction Notification Pursuant to Nationwide Permit No. 27
and Water Quality Certification No. 3885
Briar Creek Museum Tributary Extension and Culvert Removal
Charlotte, North Carolina
Dear Ms. Higgins:
On behalf of Charlotte - Mecklenburg Storm Water Services (CMSWS), Wildlands Engineering, Inc. (Wildlands) is
submitting four copies of the Pre - Construction Notification (PCN) package for the Briar Creek Museum
Tributary Extension and Culvert Removal. The project is located approximately 3 miles southeast of uptown
Charlotte off of Randolph Road (Figures 1 and 2). The proposed project will daylight approximately 230 linear
feet (LF) of an unnamed tributary to Briar Creek (Museum Tributary). Three corrugated metal pipes will be
removed and replaced by an open channel with a bottom width of 5 feet and 2.5:1 side slopes (Figure 3). The
proposed channel will tie -in to the existing stream channel immediately upstream of the current piped section
and into Briar Creek in the vicinity of the current pipe outfall.
Goals and Objectives
The objective of the proposed project is alleviate flooding issues along Museum Drive that have occurred as a
result of the culvert. The open channel will increase capacity and provide a better flow path to Briar Creek
during high flow events. The pipe removal is intended to be a temporary measure, to be replaced by a restored
stream channel in 2015 once final design plans for stream enhancement along Briar Creek and greenway trail
are completed. The future restoration on the Museum Tributary would be requested for inclusion into the City
of Charlotte's Umbrella Mitigation Bank.
Jurisdictional Determination
Jurisdictional waters of the U.S. were previously delineated by Wildlands on July 16, 2008 for a larger proposed
Briar Creek Enhancement Project, Randolph Road to Providence Road, which included the Museum Tributary.
The previous project received an approved Jurisdictional Determination as part of the authorized Nationwide 27
Permit (SAW - 2009 - 01033) and 401 Certification (DWQ #og -o827) but hasn't yet been constructed. The
proposed Briar Creek Museum Tributary Extension and Culvert Removal project site was visited on June 24,
2014 to re- evaluate the results of the previous investigation. No changes in site conditions were observed. The
on -site investigation confirmed two jurisdictional stream channels (Briar Creek & the Museum Tributary to Briar
Creek) within the proposed project area. No wetlands were observed. The Museum Tributary drains to Briar
Creek ( NCDWR Index No.11- 137 -8 -2), which has been classified as Class C protected for secondary recreation
and aquatic life. The on -site stream channel is located within NCDWR Subbasin 03 -08 -34 (Figure 1) of the
Catawba River Basin (HU# 03050103).
Wildlands Engineering, Inc. • phone [phone] • fax [phone] • 1430 S. Mint Street, # 104 • Charlotte, NC 28203

'US Army Corps of Engineers (USAGE) Approved Jurisdictional,Determination Forms, North Carolina
Department,of Water Resources ( NCDWR) Stream Classification Forms, and USACE Stream-Quality
Assessment Worksheets for Briar Creek and the Museum Trnbutary�are included with this submittal
Perennial'Streams
Briar Creek ,is a,perenni'al_relatiy'ely permanent water (RPW) °withstrong perennial flow, strong bed and bank,
and an, average ordinary h'igh water width of 40 -50 feet Biological sampling within the channel revealed a
strong presence,of amphibians and fish, and a weak presence of benthic marcroinvertebrates and aquatic,
mollusks Briar Creek scored a 67 out of a possible loo points on the USACE Stream Quality Assessment
Worksheet and 45 out of a possible 615 possible points on the NCDWR Stream Classification Form (SCP1)
The Museum Tributary is a perennial RPW that has been straightened and piped in order to promote
downstream drainage of storm,water flows from Museum Drive to Briar Creek Theo pen channel bed above
the project area has been lined with concrete and 23o LF of the channel in the proposed, project is piped to
discharge to Briar Creek Vegetation has been heavily maintained along this reach and includes several mature
trees and maintained lawn immediately adjacent to the concrete -lined channel bed. No.substrate exists within
the channel bed as a result of a concrete bed lining The channel exhibited perennial flow, average bankfull
widths of g feet, minor channel incision, and,little to no habitat complexity The channel scored,a 38 out of a
possible loo points,on the USACE Stream Quality Assessment Form,and 23 out of a 615 possible points on the
NCDWR Stream Classification Form,(SCP2)
Soils
Soil types within the study area include Monacan and Arents Soils Monacan soils (o to 2% slopes) are
frequently flooded soils typically found in floodplains Arents soils (0 to,2% slopes) consist of well drained loamy
alluvium Arents are also typically found in floodplains Monacan soils are frequently,flooded and classified as
somewhat poorly drained , Arents are less frequently ponded or flooded and are considered a well - drained soil
On -site soils are mapped in Figure 4
Proposed Impacts
The proposed work,involves removing three (3) existing 230 LF culverts and replacing the culverts with a stable
open channel Proposed impacts include temporary stream impacts to•a pproxi mate ly i85 LF of,perennial
channel This includes approximately 255,LF for new channel construction and upstream tie -in grading,along
the Museum Tributary and an additional 3o LF of temporary impacts on Briar Creek to tie in the proposed
Museum Tributary channel
We have included the following supporting data
• PCN form,
• Vicinity, USGS, Site, Soils Maps, and Parcel Map,
• Photolog,
• 11" x 17 °copy of the 70% plan set
• USACE Approved Jurisdictional Determination
Forms, NCDWR Stream Classification Forms, and
USACE Stream Quality Assessment Worksheets,
• previously approved 401 &404 permits (including approved Jurisdictional Determination), and
• agency correspondence
Page 2

0.
This same information has been submitted to the NC Wildlife Resource Commission, USACE Asheville Office,
and US Fish and Wildlife Service Asheville Office Please do not hesitate to contact me at 704-332-7754 or at
ieckardt@a wildlandseng com should you have any questions
Sincerely,
Ian Eckardt
Environmental Scientist
Page 3

A Project Location
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Figure 1. Vicinity Map
Briar Creek Museum Tributary Extension
*WV 0 25 5 Miles Catawba River Basin (03050103)
.
WILDLANDS Mecklenburg County, NC
ENGINEERING

Figure 2. U Map
kt
Briar Creek Museum Tributary Extension
Catawba River Basin (03050103)
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W I L D L A N D S i , Mecklenburg County, NC
ENGINEERING

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Wildlands Engineering, Inc. Page 1
Briar Creek Museum Tributary Extension and Culvert Removal

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Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 u c 1 6 20
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version
Pre - Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the
Corps:
®Section 404 Permit ❑Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: No. 27 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes
® No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes
® No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
Briar Creek Museum Tributary Extension and Culvert Removal
2b.
County:
Mecklenburg County
2c.
Nearest municipality / town:
Charlotte
2d.
Subdivision name:
N/A
2e.
NCDOT only, T.I.P. or state
project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Mecklenburg County
3b.
Deed Book and Page No.
DB 9276, PN 437
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
600 East Fourth Street, 111' Floor
3e.
City, state, zip:
Charlotte, NC, 28202 -2816
3f.
Telephone no.:
3g.
Fax no.:
3h.
Email address:
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version

4.,
Applicant Information (if different from owner)
4a
Applicant is
❑ Agent ® Other, specify local government agency
4b
Name
David Goode, PE, CFM
4c
Business name
(if applicable)
Mecklenburg County Storm Water Services
4d
Street address
700 N Tryon Street — Basement Level
4e
City, state, zip
Charlotte, NC, 28202
4f
Telephone no
704 - 432 -3087
4g
Fax no
4h
EmadFaddress
David•Goode @MecklenburgCountyNC gov
5.,
Agent/Consultant Information (if applicable)
5a
Name
Ian Eckardt
5b
Business name
(if applicable)
Wildlands Engineering, Inc
5c
Street address
1430 South Mint Street, Suite 104
Charlotte, NC 28203
5d
City, state, zip
704 - 332 -7754
5e
Telephone no
704 - 332 -3306
5f
Fax no-
ieckardt @wddlandseng com
5g
Email address
Wddlands Engineering, Inc
Page 2 of 12

B. Project Information and Prior Project History
1. Property Identification
1a Property identification no (tax PIN or parcel ID)
15515103
1 b Site coordinates (in decimal degrees)
Latitude ,35 1 961 05- - °N Longitude -80 813157°W,
1c Property size
Approximately 0'3 acres on one property
2. Surface'Waters
2a Name of-nearest body of water (stream, river, etc ) to
Briar Creek
proposed project
2b Water Quality Classification ^of nearest receiving,water
C
2c River basin
Catawba 03050103
3. Project Description
3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application The project area is located within Eastover Park, southeast,of uptown Charlotte, NC off of Randolph Road
Medium density residential and open park space are the primary land -uses in the vicinity of the project The vegetation
on the project site has been heavily maintained and includes several mature'trees and maintained lawns immediately
adjacent to the channel bed
3b List the total estimated acreage,of all existing wetlands on the property
There are no existing wetlands within the project area
3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
Approximately 285 linear feet of perennial channel are within the project area
3d Explain the purpose of the proposed project
Thetgoal for the, project is to alleviate flooding to Museum Drive by d'aylighting 230 LF of the museum tributary to Briar
Creek
3e Describe the overall project in detail, including ,the type,of equipment to be used
The objective of the proposed project is to address flooding issues along Museum Drive by'daylighting 230 L' F of the
museum tributary to'Bnar Creek The current channel enters three elliptical corrugated metal pipes within Eastover Park
which'wdl be removed and replaced by an open channel with,a bottom width of 5 feet and 2 5 1 side slopes The
proposed channel will tie into Briar Creek just upstream of the existing pipe outfall The bottom of the open channel will be
stabilized with rip rap and rock/log sills Graded stream banks will be matted and planted with native vegetation A
trackhoe will be used for in- stream work
4. Jurisdictional Determinations
4a Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
® Yes ❑ No ❑ Unknown
Comments A previous jurisdictional determination was
verified on August 19, 2009,for a larger project area
4b If the Corps made the jurisdictional determination, what type
❑ Preliminary ® Final
of determination was made?
4c If yes, who delineated the jurisdictional areas?
Agency /Consultant Company Wildlands Engineenng
Name (if'known)- Matt Jenkins
4d If yes, list the dates of the Corps jurisdictional determinations, or State determinations and' attach documentation
Original JD for a larger project footpnntmas verified by Steve Chapin with the USACE on 8/19/2009 (Action ID 2009-
01033) and will expire on 8%19/2014 Anew project specific Jurisdictional Determination has been requested with,this
PCN packet
Page 3 of 12
PCN Form — Version 1 3 December 10, 2008 Version

B. Project Information and Prior Project History
5. Project History
5a Have permits or certifications been requested or obtained for
® Yet ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b If yes, explain in detail according to "help file" instructions
The channel to be day - lighted was originally proposed for enhancement as part of the Briar Creek Stream Enhancement
Project from Randolph Road to Providence Road in Charlotte, NC (USAGE Action ID 2009 - 010333 and by NCDWR# 09-
08247) The overall purpose,of the ongmal`project was to stabilize the stream banks, install in- stream boulder structures,
improve habitat, provide grade control, excavate ifloodplain benches, and establish a greenway adjacent to the riparian
corridor The original project included 6700 LF of Briar Creek and the entire 900 LF of the Mint Museum Tributary to Briar
Creek The project was taken through 90% design but not yet constructed
6. Future Project Plans
6a Is this a phased project?
❑ Yes ®'No
6b If yes, explain
Page 4 of 12

C. Proposed Impacts Inventory
1. Impacts Summary
1a Which sections were completed below for your project (check all that apply)
❑ Wetlands ® Streams - tnbutarie`s ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted
2a
2b
2c
2d
2e
2f
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Cops -.404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary
❑ P ❑ T
L
❑ Yes
❑ Corps
❑ No
❑ DWQ
❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
❑ P FIT
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
2h Comments
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted
3a
3b
3c
3d
3e
3f
3g
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)
other)
(feet)
feet)
Culvert removal
UT to Briar Creek
® PER
® Corps
S1 ❑ P ®'T
and stream
(Museum
❑INT
®'DWQ
9
255
stabilization
Tributary)
Grading for
® PER
® Corps
S2 ❑ P ®T
Museum Tributary
Briar Creek
® INT
❑ DWQ
40 -50
30
tie -in
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h Total stream and tributary impacts
285
31 Comments All impacts to on -site streams are intended to alleviate flooding, maintain stream stability, and improve stream
habitat
Page 5 of 12
PCN Form — Version 1 3 December 10, 2008 Version

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P ❑T
02 ❑P ❑T
03 ❑ PEI T
04 ❑P ❑T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse El Tar-Pamlico El Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number—
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
required?
131 ❑ PE] T
El Yes
❑ No
B2 ❑ P ❑ T
❑ Yes
❑ No
B3 ❑ PE] T
❑Yes
❑ No
6h. Total buffer impacts
6i. Comments:
Page 6 of 12

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
The project constitutes a positive impact, improving habitat with the addition of an open channel and planted stream
banks Native vegetation and seed mix will be used to stabilize the newly graded banks
1b Specifically describe measures taken'to avoid or minimize the proposed impacts through construction techniques
Construction practices will follow guidelines from the NC Erosion and Sediment Control Planning and Design Manual
2. Compensatory Mitigation °for Impacts to Waters of the U.S. or Waters of the State
2a Does,the project require Compensatory Mitigation for
impacts to Waters�of the U S or Waters of the State?
❑ Yes ® No
2b If yes, mitigation is required by (check all that apply)
❑ DWQ ❑ Corps
2c If yes, which mitigation option will be used for this
project'?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a Name of'Mitigation Bank
3b Credits Purchased (attach receipt and letter)
Type
Quantity
3c Comments
4. Complete if Making,a Payment to In -lieu Fee Program
4a Approval letter from in -lieu fee program is attached
❑ Yes
4b Stream mitigation requested
linear feet
4c If using stream mitigation, stream temperature-
❑ warm ❑ cool ❑cold
4d Buffer mitigation requested (DWQ only)
square feet
4e Riparian wetland mitigation requested
acres
4f Non - riparian wetland mitigation requested
acres
4g Coastal (tidal) wetland mitigation requested
acres
4h Comments
5. Complete if Using a Permittee Responsible Mitigation Plan
5a If using,a permittee responsible mitigation plan, provide a description of the proposed mitigation plan
Page 7 of 12
PCN Form — Version 1 3 December 10, 2008 Version

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 8of12

E.
Stormwater Management and Diffuse Flow Plan ,(required'by DWQ)
1.
Diffuse Flow Plan
1a
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1'b 'If yes, then is a diffuse flow plan included? If no, explain why
Comments- The project is located in the Catawba River Watershed (HUC
❑ Yes ® No
03050103) where only the main stem of the Catawba River is protected by NC
Riparian Buffer Protection Rules
2.
Stormwater Management Plan
2a
What is the,overall percent imperviousness of this project?
0%
'2b
Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c
If this project DOES NOT require a Stormwater Management Plan, explain why This project involves the removal of
culvert pipes and construction of open channel No increase in impervious cover will
result from the construction of this
project
2d
If this project DOES require a Stormwater Management Plan, then provide,a brief, narrative,descnption of the plan
❑ Certified Local Government
2e
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a
In which local government's jurisdiction is this project?
❑ Phase II
❑ NSW
3b
Which of the following locally - implemented stormwater management programs
❑ USMP
apply (check all that apply)
❑ Water Supply Watershed
❑ Other
3c Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a
Which of the following state - implemented stormwater management programs apply
❑ ORW
(check all that apply)-
❑ Session Law 2006 -246
❑ ' Other
4b Has the approved Stormwater Management Planwith proof of approval been
❑ Yes ❑ No
attached
S.
DWQ 401 Unit StormWater Review
5a
Doesxthe Stormwater Management, Plan meet,the appropriate requirements?
❑ Yes ❑ No
5b Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9 of 12
PCN Form — Version 1 3 December 10, 2008 Version

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1a
Does the project involve an expenditure of public (federal /statenocal) funds or-the
® Yes
❑ No
use of public (federal /state) land?
lb
If you'answered "yes" to the above, does the project Irequire preparation of,an
environmental document pursuant to the requirements of the National or State
❑ Yes
® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEP,A final approval
letter)
❑ Yes
❑ No
Comments
2.
Violations (DWQ Requirement)
2a
Is the site in violation of DWQ Wetland Rules,(15A NCAC 2H 0500), Isolated
Wetland Rules,(15A NCAC 2H 1,300), DWQ Surface Water or Wetland Standards,
❑ Yes
® No
or Riparian Buffer Rules (15A NCAC 213 0200)?
2b
Is this an after - the -fact permit applications
❑ Yes
® No
2c
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s)
3.
Cumulative Impacts (DWQ Requirement)
3a
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes
® No
additional development, which could impact,nearby downstream water quality?
3b
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis „in accordance with the
most recent DWQ policy If you answered "no,” provide a-short narrative description
4.
Sewage Disposal (DWQ Requirement)
4a
Clearly detail the ultimate treatment, methods and disposition (non - discharge or discharge) of wastewater'generated from
the proposed project, or available capacity of the subject facility
Page 10 of 12
PCN Form — Version 1 3 December 10, 2008'Version

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
® Yes ❑ No
impacts?
❑ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
® Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Wildlands Engineering utilized the USFWS and NCDENR Natural Heritage Program (NCNHP) databases as well as
contacted the NCNHP regarding the presence of Endangered Species or Critical Habitat within the original larger project
corridor in 2009. On January 15, 2009 NCDENR reported no record of rare species, significant natural communities,
natural heritage areas, or conservation managed areas at the project site nor within a mile of the project site (see
enclosed letter). A copy of this permitting package has been forwarded to the USFWS Asheville Office to request
additional information on the project's effects on federally protected species and habitat.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑ No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The National Marine Fisheries Service has been contacted to review the projects effects on Essential Fish Habitat (see
enclosed letter).
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
The NC State Historic Preservation Office (SHPO) was contacted regarding the presence of historic properties or cultural
resources within the original larger project area in 2009, It was determined by SHPO in March of 2009 that no historic
resources would be affected by the project (see enclosed letter). Wildlands has recently contacted SHPO (see enclosed
letter) to verify no historic resources would be affected by the smaller project. SHPO hasn't commented prior to this
submittal.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain?
® Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
A floodplain development permit will be filed to fulfill FEMA requirements.
8c. What source(s) did you use to make the floodplain determination? Map No. 3710455300K, revised February 19, 2014.
dq
10
David Goode
Charlotte- Mecklenburg Storm
0
M a-1
Water Services
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization letter from the applicant
Applicant/Agent's Printed Name
is provided.)
Page 11 of 12

Stream Forms

OFFICE USE ONLY: USACE AID#
DWQ#
SCP1 —Briar Creek (Perennial)
r STREAM QUALITY ASSESSMENT WORKSHEET
1. Applicant's Name: CMSWS 2. Evaluator's Name: Ian Eckardt
3. Date of Evaluation: 6/24/2014 4. Time of Evaluation: 11:
5. Name of Stream: Briar Creek 6. River Basin: Catawba 03050103
7. Approximate Drainage Area: 18 sq. miles 8. Stream Order: Third
9. Length of Reach Evaluated: 1,500 If 10. County: Mecklenburg
11. Location of reach under evaluation (include nearby roads and landmarks): From downtown Charlotte head south on E. Trade
Street, continue onto Elizabeth Ave. Turn right at Charlottetowne Ave./ Independence Blvd. Turn left at E. 4' St and continue onto
Randolph Rd. Travel approximately 1 mile to Museum Plaza and turn right.
12. Site Coordinates (if known): N 35.19906 °, W 80.812424°
13. Proposed Channel Work (if any): Minor bank grading to tie in Museum Tributary channel
14. Recent Weather Conditions: no rain within the oast 48 hours
15. Site conditions at time of visit: sunny, 900
16. Identify any special waterway classifications known: _Section 10 _Tidal Waters _Essential Fisheries Habitat
_Trout Waters _Outstanding Resource Waters _ Nutrient Sensitive Waters _Water Supply Watershed (I -IV)
17. Is there a pond or lake located upstream of the evaluation point? 0 NO If yes, estimate the water surface area: 7 -8 acres
18. Does channel appear on USGS quad map? 0 NO 19. Does channel appear on USDA Soil Survey? 0 NO
20. Estimated Watershed Land Use: 80 % Residential 10 % Commercial % Industrial _% Agricultural
10 % Forested % Cleared / Logged _% Other ( )
21. Bankfull Width: 40 -50 feet 22. Bank Height (from bed to top of bank): 12 -13 feet
23. Channel slope down center of stream: X Flat (0 to 2 %) _Gentle (2 to 4 %) _Moderate (4 to 10 %) _Steep ( >10 %)
24. Channel Sinuosity: Straight X Occasional Bends _Frequent Meander _Very Sinuous _Braided Channel
Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on
location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each
characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the
worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or
weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character
of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more
continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score
of 100 representing a stream of the highest quality.
Total Score (from reverse): 67 Commen
Evaluator's Signature 0 Date 6/25/14
This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in
gathering the data required by the United States Army Corps of Engineers in order to make a preliminary assessment of
stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a
particular mitigation ratio or requirement. Form subject to change — version 05/03. To Comment, please call 919 - 876 -8441 x 26.

STREAM QUALITY ASSESSMENT WORKSHEET
SCP1 —Briar Creek (Perennial)
* These characteristics are not assessed in coastal streams.
ECOREGION POINT
RANGE
#
CHARACTERISTICS
SCORE
Coastal
Piedmont
Mountain
1
Presence of flow / persistent pools in stream
0 - 5
0-4
0 - 5
4
no flow or saturation = 0; strong flow = max points)
2
Evidence of past human alteration
0-6
0 - 5
0-5
2
extensive alteration = 0; no alteration = max points)
3
Riparian zone
0-6
0-4
0-5
3
no buffer = 0; contiguous, wide buffer = max points)
4
Evidence of nutrient or chemical discharges
0-5
0-4
0-4
2
extensive discharges = 0; no discharges = max points)
5
Groundwater discharge
0-3
0-4
0-4
4
Uno
discharge = 0; springs, see s, wetlands, etc. = max points)
0-4
6
Presence of adjacent floodplain
0-4
0 - 4
0-2
4
no floodplain = 0; extensive floodplain = max points)
a7
Entrenchment / floodplain access
0-5
0-4
0-2
2
(deeply entrenched = 0; frequent flooding = max points)
8
Presence of adjacent wetlands
0-6
0-4
0-2
0
no wetlands = 0; large adjacent wetlands = max points)
9
Channel sinuosity
0-5
0-4
0-3
1
extensive channelization = 0; natural meander = max points)
10
Sediment input
0-5
0-4
0-4
3
extensive deposition= 0; little or no sediment = max points)
I I
Size & diversity of channel bed substrate
NA*
0-4
0 - 5
3
fine, homogenous = 0; large, diverse sizes = max points)
12
Evidence of channel incision or widening
0-5
0 - 4
0-5
3
>+
(deeply incised = 0; stable bed & banks = max points)
13
Presence of major bank failures
0-5
0 - 5
0-5
4
a
severe erosion = 0; no erosion, stable banks = max p oints
14
Root depth and density on banks
0-3
0 - 4
0-5
3
E ,
no visible roots = 0; dense roots throughout = max points)
Impact by agriculture or livestock production
4
0-5
4
15
substantial impact =0; no evidence = max points)
0-5
0 -
16
Presence of riffle - pool /ripple -pool complexes
0-3
0-5
0-6
3
no riffles/ripples or vo oIs = 0; well-developed = max oints
Q
I
Habitat complexity
0-6
0 - 6
0-6
4
little or no habitat = 0; frequent, varied habitats = max points)
Q
8
Canopy coverage over streambed
0-5
0-5
0-5
3
no shading vegetation = 0; continuous canopy = max points)
r19
Substrate embeddedness
NA*
0-4
0-4
3
(deeply embedded = 0; loose structure = max
20
Presence of stream invertebrates
0-4
0-5
0-5
2
no evidence = 0; common numerous types = max points)
21
Presence of amphibians
0-4
0-4
0-4
4
O
no evidence = 0; common, numerous types = max points)
04
O
22
Presence of fish
0-4
0 - 4
0-4
4
no evidence = 0; common, numerous types = max points)
Evidence of wildlife use
23
0-6
0 - 5
0-5
no evidence = 0; abundant evidence = max points)
Total Points Possible
100
100
100
TOTAL SCORE (also enter on first page)
67
* These characteristics are not assessed in coastal streams.

OFFICE USE ONLY: USACE AID# DWQ #
SCP2 — Museum Tributary to Briar Creek (Perennial)
I I
STREAM QUALITY ASSESSMENT WORKSHEET , ..
1. Applicant's Name: CMSWS 2. Evaluator's Name: Ian Eckardt
3. Date of Evaluation: 6/24/2014 4. Time of Evaluation: 10:00apm
5. Name of Stream: Museum Branch 6. River Basin: Catawba 03050103
7. Approximate Drainage Area: 163 acres 8. Stream Order: First
9. Length of Reach Evaluated: 2001f 10. County: Mecklenburg
11. Location of reach under evaluation (include nearby roads and landmarks): From downtown Charlotte, head south on E. Trade
Street, continue onto Elizabeth Ave. Turn right at Charlottetowne Ave./ Independence Blvd. Turn left at E. 41 St and continue onto
Randolph Rd. Travel approximately 1 mile to Museum Plaza and turn right.
12. Site Coordinates (if known): N 35.1961430, W 80.8133320
13. Proposed Channel Work (if any): restoration
14. Recent Weather Conditions: no rain within the past 48 hours
15. Site conditions at time of visit: sunnv. 900
16. Identify any special waterway classifications known: _Section 10 _Tidal Waters _Essential Fisheries Habitat
_Trout Waters _Outstanding Resource Waters _ Nutrient Sensitive Waters _Water Supply Watershed (I-IV)
17. Is there a pond or lake located upstream of the evaluation point? YES ED If yes, estimate the water surface area:
18. Does channel appear on USGS quad map? Q NO 19. Does channel appear on USDA Soil Survey? YES
20. Estimated Watershed Land Use: 100 % Residential _% Commercial _% Industrial _% Agricultural
_% Forested _% Cleared / Logged _% Other ( )
21. Bankfull Width: 9 feet 22. Bank Height (from bed to top of bank): 4 -5 feet
23. Channel slope down center of stream: X Flat (0 to 2 %) _Gentle (2 to 4 %) _Moderate (4 to 10 %) _Steep ( >10 %)
24. Channel Sinuosity: X Straight _Occasional Bends _Frequent Meander _Very Sinuous _Braided Channel
Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on
location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each
characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the
worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or
weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character
of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more
continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score
of 100 representing a stream of the highest quality.
Total Score (from reverse): 38 Comments: Channel bottom is completely lined with concrete. Channel
exhibits perennial flow from —160 drainage area and surface runoff.
rualnatnrle Cianatura 110}0 611Vl d
This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in
gathering the data required by the United States Army Corps of Engineers in order to make a preliminary assessment of
stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a
particular mitigation ratio or requirement. Form subject to change — version 05/03. To Comment, please call 919 - 876 -8441 x 26.

STREAM QUALITY ASSESSMENT WORKSHEET
SCP2 — Museum Tributary to Briar Creek (Perennial)
* These characteristics are not assessed in coastal streams.
ECOREGION POINT
RANGE
#
CHARACTERISTICS
SCORE
Coastal
Piedmont
Mountain
1
Presence of flow / persistent pools in stream
0 — 5
0-4
0 - 5
3
no flow or saturation = 0; strong flow = max points)
2
Evidence of past human alteration
0-6
0-5
0-5
0
extensive alteration = 0; no alteration = max points)
3
Riparian zone
0-6
0-4
0-5
1
no buffer = 0; contiguous, wide buffer = max points)
Evidence of nutrient or chemical discharges
4
extensive discharges = 0; no discharges = max points)
0-5
0 - 4
0-4
2
5
Groundwater discharge
0-3
0-4
0-4
1
Vno
discharge = 0; springs, see s, wetlands, etc. = max points)
6
Presence of adjacent floodplain
0-4
0-4
0-2
4
no floodplain = 0; extensive floodplain = max po ints
x
7
Entrenchment / floodplain access
0-5
0-4
0-2
3
p
(deeply entrenched = 0; frequent flooding = max points)
8
Presence of adjacent wetlands
0-6
0-4
0-2
0
no wetlands = 0; large adjacent wetlands = max points)
9
Channel sinuosity
0-5
0-4
0-3
0
extensive channelization = 0; natural meander = max points)
10
Sediment input
0— 5
0-4
0-4
4
extensive deposition= 0; little or no sediment = max points)
11
Size & diversity of channel bed substrate
NA*
0-4
0 - 5
0
(fine, homogenous = 0; large, diverse sizes = max points)
Evidence of channel incision or widening
12
0-5
0 - 4
0-5
4
>+
(deeply incised = 0; stable bed & banks = max points)
,,,E"' .,
13
Presence of major bank failures
0-5
0 — 5
0-5
5
severe erosion = 0; no erosion, stable banks = max oints
14
Root depth and density on banks
0-3
0 - 4
0-5
1
no visible roots = 0; dense roots throughout = max points)
Impact by agriculture or livestock production
l5
0 -5
0 -4
0 -5
4
substantial impact =0; no evidence = max points)
16
Presence of riffle- pool /ripple -pool complexes
0-3
0-5
0-6
1
F
no riffles/ripples or pools = 0; well-developed = max points)
17
Habitat complexity
0-6
0-6
0-6
1
little or no habitat = 0; frequent, varied habitats = max points)
Canopy coverage over streambed
x
18
no shading vegetation = 0; continuous canopy = max points)
0-5
0 — 5
0-5
2
19
Substrate embeddedness
NA*
0-4
0-4
2
(deeply embedded = 0; loose structure = max
20
Presence of stream invertebrates
0-4
0-5
0-5
0
no evidence = 0• common numerous types = max points)
21
Presence of amphibians
0-4
0-4
0-4
0
O
no evidence = 0; common, numerous types = max points)
*4
22
Presence of fish
0 - 4
0-4
0
no evidence = 0; common, numerous types = max points
H0-4
Evidence of wildlife use
23
0-6
0-5
0-5
0
no evidence = 0; abundant evidence = max points)
Total Points Possible
100
100
100
TOTAL SCORE (also enter on first page)
38
* These characteristics are not assessed in coastal streams.

NC DWQ Stream - Identification Form Version 4.11
Date: �l.l , w ProjecUSite:
1 Asa P,
Evaluator: Latitude: 35�� Jr659 �l
tG�Cccr,�� County: ¢cicic,� b V'- Longitude:
Total Points: Stream Determination (c Other
Stream is at,teast lnterm Nent Q t;ar Lfe� IC
ife lgor erennta%rlt36- Ephemeral intermitten Perennia e.g Quad Name: -SGQ
I
A. Geomorphology (Subtotal= u5
Absent
Weak
'Moderate
Strc
1- Continuity of channel'bed and bank
0
1
14. Leaf litter
1
2. Sinuosity of'channei along'thalweg
0
0 0.5
2
3
3. In- channel structue: eff , peool,
1 1.5
1
17 Soil -based evidence of high watee table?
2
3
ripple-pool s uence
0
1
0
3
4. Particle size of stream substrate
0
1
1
1.5
5. Activetrelict floodplain
0
1
2 1
2
EE3
6. Depositional bars or benches
0
1
0.5
7. Recent alluvial deposits
0
1
1
CJ2 1
•2
3
B. Headcuts
1
15
2
3
9. Grade control
0
0.5
1
1.5
10. Natural valley
0
0.5
1
1.5
11. Second or greater order channel
No = 0
Yes =
artificial ditches are not rated: see discussions In manual
B. Hvdminnv twit wni = In
12: Presence of Baseflow
0
1' -
2
3
13 Iron oxidizing bacteria
0 1
3
14. Leaf litter
1
2 3
15. Sediment on plants or debris
0 0.5
'0.5 0
16.• Organic debris lines,or piles
0 0.5
1 1.5
1
17 Soil -based evidence of high watee table?
No = 0
1 5
Yes =3
1
2
18. Fibrous roots in streambed
3
2
1
0
19. Rooted upland plants in-streambed
3
2
1
20 Macrobenthos (note diversity and abundance)
0
1
2
0
21 Aquatic Mollusks
0
1
2
3
3
22. Fish
0
0.5
1
1.5
23. Crayfish
0
.5
1
15
24. Amphibians
0
0.5
1
C 1.5
25. Algae
0
'0.5
1
15
26. Wetland plants in streambed
FACW = 0.75; OBL
= 1'
= 0
'perennial streams may also be Identified using other methods. See
p. 35 of manual
Notes:
Sketch:

NC DWQ Stream Identification Form Version 4.11
Date: 6 ocy AL.+
Project1Site 5t'u� C;re�lc -
Evaluator: -T' EC��r:t,c'd�-
County: V,
Total Points:
2
Stream is at least /ntemrittent a-2
Stream Determination (c
Na 19 aIrperannialff t 30"
Ephemeral Intermittent Perenn
A. Geomor h010 (Subtotal= 0.5
Absent Weak
1a Continuity of channel bed and bank
0
2 Sinuosity of channel along thalweg
1
0
3. In- channel structure: ex nffle -pool, step -pool,
Yes = 3
ri I ool uence Co;.c >ILdC
0.5 1
4. Particle stzeW stream substrate
0
5. Active/relict floodplain
1
0
6. Depositional bars or benches
1
7. Recent alluvial deposits
1
0
8. Headcuts
1
0
9 Grade control
}
0
10. Natural valley
0.5
0
11 Second or greater order channel
0.5
No = 0
artificial ditches,are not rated. see discussions in manual
B. Hydrology Subtotal =
12. Presence of Baseflow,
0
13. Iron oxidizing bacteria
1
14. 'Leaf litter
1
15. Sediment on plants,or debris
0
16 Organic debris lines or
0
17 Soil -based evidence of high water table?
.5
No =
C. Biolo Subtotal =
18. Fibrous roots in streambed
Latitude: -35, 1961Y6',\
Longitude: - 8 ),;?1313(),
Other Muy.t,,,,,, Yr ;�j,ric.,7
e.g. quad Name: "SGf
2
'3
2
3
2
3
2
3
2
3
2
3
2
3
1
1.5
1.5
Yes = 3
0
2
2
0.5
1
1
19. Rooted upland plants in streambed
3
3
2 1
20. Macrobenthos (note diversity and abundance)
2 1
EEj
21. Aquatic Mollusks
0
1 2
22. Fish
1 2
23. Crayfish
_
0
0.5 1
0.5 1
24. Amphibians
_
0.5 1
25. Algae
0
0.5 1
26. Wetland plants in streambed
'perennial
FACW = 0.75, OBL`= 1.5
streams' may also be Identified using other methods. See p. 35 of manual.
=0
3
0
1.5
1.5
=3
Sketch: C',"^At.I ►s Cone:rz- e- 1%,NJ pt- o,e-c. -I- re
I Al
5%JAIC'C
0
0
3
3
1.5
1.5
1.5
15

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps�ofEngineers
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):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:Asheville Regulatory Field Office
C. PROJECT LOCATION AND BACKGROUND INFORMATION- Briar Creek Museum Tributary Extension and Culvert Removal -
Briar Creek
State NC County/parish/borough Mecklenburg City Charlotte
Center coordinates of site (lat/long in degree decimal format) Lat 35 195629° N Long 80 812587° LIN
Universal Transverse Mercator
Name of nearest waterbody Briar Creek
Name of nearest Traditional) Navigable Water (TNW) into which the aquatic resource flows Catawba River
Name of watershed or.Hydrologic Unit Code (HUC) Catawba River 03050103
Check if map /diagram of review area and/or, potential Jurisdictional areas is /are available upon request
❑Q Check if other srtes,(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):
M Office (Desk) ,Determination Date
Q Field,Determmation Date(s)
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 FAME" "waters of the US" within Clean Water Act (CWA) jurisdiction (as defined by 33 CER 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): i
Q 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
FE 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 30 lmear feet 40- 50width (ft) and/or acres
Wetlands acres
c. Limits (boundaries) of Jurisdiction based on Est`ablis"_h_e_d by�©HWM..
Elevatiomof established OHWM (if known)
2. Non - regulated waters /wetlands (check if applicable):'
Potentially jurisdictional waters and/or, wetlands were assessed within the;review area and determined to be not jurisdictional
Explain
Boxes checked below shall be supportedby 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)
' Supporting documentation is presented in Section III F

SECTION HI: 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 HI.A.1 and 2
and Section III.D.1.; otherwise, see Section III.B below
1. TNW
Identify TNW
Summarize rationale supporting determination
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent"
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it,helps
determine whether or not theistandards;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 availablet information, that, documents the existence of a significant nexus between a
relatively permanent tributary'that ismot perennial (and its adjacentwetlands if any),and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody° is not an RPW, or a wetland directly abutting an,RPW, a JD will require additional data,to determine if the
waterbody has a significant nexus with a TNW.,If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with,all'of its adjacentwetlands. 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 signiTicantinez us, exists is determined in,Section III.C'below.
1. Characteristics of non -TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size aci s
Drainage area acres
s
Average annual rainfall inches
Average annual snowfall inches
(ii) Physical Characteristics:
(a) Relationship with TNW
❑ Tributary flows directly into TNW
❑ Tributary flows,through 3 tributaries before entering TNW
Project waters -are Pick List river miles from TNW
Project waters are Pick List river miles.from.RPW
Project waters are Pick List aerial (straight) miles from TNW
Project waters are Pick List aerial (straight) miles from RPW
Project waters cross or`serve as' state boundaries Explain
Identify flow route to TNW5
Tributary stream order, if known
° Note that the Instructional Guidebookscontams additional information regarding swales, ditches, washes, and erosional features generally and in the and
West
s Flow route can be described by identifying, e g, tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW

(b) General Tributary Characteristics (check all that apply)
Tributary is ❑ Natural
❑,Artificial (man -made) Explain
❑ Manipulated (man- altered) Explain
Tributary properties with respect to top of bank (estimate)
Average width feet
Average depth feet
Average side slopes Pic— 'kList.
Primary tributary substrate composition (check all that apply)
❑ Silts ❑ Sands
❑ Cobbles ❑ Gravel
❑ Bedrock ❑ Vegetation Type / %cover
❑ Other Explain
❑ Concrete
❑ Muck
Tributary condition/stability [e g, highly eroding, sloughing banks] Explain
Presence of run/riffle /pool complexes Explain
Tributary geometry Pick List
Tributary gradient (approximate average slope) %
(c) Flow
Tributary provides,for Pick List
Estimate average;number of flow events in review area/year Pick L ist
Describe flow regime
Other information on duration and volume
Surface flow is Pick List Characteristics
Subsurface flow Pick List Explain findings
❑ Dye (or other) test performed
Tributary has (check all that apply)
❑ Bed and banks
❑ OHWM' (check all indicators that apply)
❑ clear, natural line impressed on the bank
❑ changes in the character of soil
❑ shelving
❑ vegetation, matted down, bent, or absent
❑ leaf litter disturbed or washed away
❑ sediment deposition
❑ water staining
❑ other (list)
❑ Discontinuous OHWM I Explain
If factors other than the OHWM were used to determ
® High Tide Line indicated by R_
❑ oil or scum line along shore objects
❑ fine sheMor'debris deposits,(foreshore)
❑ physical,markings /characteristics
❑ tidal gauges
❑ other (list)
(iii) Chemical Characteristics:
❑ 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
me lateral extent of CWA jurisdiction (check all that apply)
Mean High Water Mark indicated by
❑ survey to available datum,
❑ physical_ markings,
❑ vegetation lines/changes in vegetation types
Characterize tributary (e g, water color is clear, discolored, oily film, water quality, general watershed characteristics, etc )
Explain
Identify specific pollutants, if known
6A natural,or man -made discontinuity in the OHWM does not necessarily sever jurisdiction (e g , where the stream temporarily flows,underground, or where
the OHWM has'been removed by development or agricultural practices) Where there is,a'break in the OHWM that is unrelated to the waterbody's flow
regime (e g , flow over a�rock,outcrop or through a culvert), the agencies will look for indicators of flow above and below the break
'Ibid

(iv) Biological Characteristics. Channel supports (check all that apply):
❑ Riparian corridor Characteristics (type, average width)
❑ Wetland fringe Characteristics
❑ Habitat for
❑ Federally Listed species Explain findings
❑ Fish /spawn areas Explam,findings
❑ Other environmentally - sensitive species Explain findings
❑ Aquatic /wildlife diversity Explain findings
2. Characteristics of wetlands adjacent to non -TNW that flow.directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics
Properties
Wetland size acres
Wetland type Explain
Wetland quality Explain
Project wetlands cross or serve as state boundaries Explain
(b) General Flow Relationship with Non -TNW
Flow'is Pick List Explain
Surface flow is: Pie�k�L st
Characteristics
Subsurface flow Pick st Explain findings
❑ Dye (or other) test performed
(c) Wetland Adjacency Determination with Non -TNW
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic, connection Explain
❑ Ecological connection Explain
❑ Separated by berm/barrier Explain
(d) Proximity (Relationship) to TNW
Project wetlands are Pick List river miles from TNW
Project waters are Pick List aerial (straight) miles from TNW
Flow is from Pick List.
Estimate approximate locatiomof wetland as within,the Pick List floodplain
(ii) Chemical Characteristics:
Characterize wetland system,(e g, water color, is, clear,,brown, oil film on,surface, water quality, general watershed
characteristics, etc ) Explain
Identify specific pollutants, if known
(iii)Biological Characteristics. Wetland supports (check all'thabapply):
❑ Riparian buffer Characteristics (type, average width)
❑ Vegetatiomtype /percent cover Explain
❑ Habitat for
❑ Federally Listed,species Explain findings
❑ Fish/spawn areas Explain findings
❑ Other environmental ly- sensRrve-species Explain findings
❑ Aquatic /wildlife diversity Explain, findings
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis Pick List
Approximately,( ) acres in total are being considered in the cumulative +analysis

For each wetland, specify the following
Directly- abuts9 (Y/N) Size (in acres) Directly abuts9 (Y/N Size4m,acres)
Summarize overall biological, chemical and physical functions being performed
C. SIGNIFICANT NEXUS DETERMINATION
A,significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the,following,situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands,,has more than wspeculative or insubstantial effect on the chemical, physical and /or, biological mtegrity,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 ofdistance (e.g. between,a
tributary and its adjacent wetland or "between a tributary and the TNW). Similarly, the,fact;aWadjacent 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. FactorsAo,consider includejor example:
• Does the tributary, m.combmation 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 TNW9
• Does the tributary,;m 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,TNW9
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other-relationships toa 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:
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
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
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
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
TNWs and Adjacent Wetlands. Check -all that apply and provide size estimates m,review area
F01 TNWs linear feet width (ft), Or, acres
N Wetlands adjacent to TNWs acres
RPWs that flow directly or indirectly into�TNWs.
® Tributaries, of TNWs`where tributaries typically flow year - round, are jurisdictional Provide data and rationale indicating that
tributary is perennial Briar Creek exhibited average bankfull widths of 40 to 50 feet, continuous bed and bank, strong
baseflow, and soil-based evidence of a high water table (hydric soils) Biological sampling within the channel resulted in a
strong presence of fish and and amphibians and weak presence ofmacrobenthos, aquatic,mollusks, crayfish, and algae Briar
Creek scored 67 "out of a possible 100 points on the USACE Stream Assesment Form and scored 45,out of 61 5i possible -points
on the NCDWRStream Classification Form, mdicatmg perennial status (SCRI) Briar Creek also`exhibited several OHWM's
indicators mcludmg sediment deposition, washed away leaf litter, and wrackhnes

— ❑■ Tributaries of TNW where tributaries have continuous flow "seasonally" (e g, typically three months each year) are
jurisdictional Data supporting this conclusion mprov►ded at Section III B Provide rationale indicating,that tributary flows
seasonal ly
Provide estimates for jurisdictional waters in the review area (check all that apply)
Tributary waters 30 linear feet 40 -50 width (ft)
❑� Other non- wetland,waters acres
Identify type(s) of waters
Non -RPWss that flow directly or indirectly into TNWs.
M Waterbody that is nova 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`lurisdictional waters within the review area (check all thabapply)
�■ Tributary waters, linear feet width (ft)
Q Other non - wetland waters acres
Identify type(s) of waters
Wetlands directly abutting'an RPW that flow directly or indirectly into TNWs:
M Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands
Wetlands directly abutting an RPW where tributaries typically flow year-round Provide data and rationale
indicating that,tributary is perennial in Section III D 2, above Provide rationale indicating that wetland is
directly abutting an RPW
Q Wetlands directly abutting an RPW where tributaries typically flow "seasonally " Provi&data indicating that,tnbutary is
seasonal in Section III B and rationale in Section III D 2, above Provide rationale indicating that wetland is directly
abutting an RPW
Provide acreage �estirnatesifor junsdictional wetlands in,the review area acres
5. Wetlands adjacent to but not directly abutting.an RPW that flow directly or'indirectly into TNWs.
❑� Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which' they are adjacent
and with similarly situated adjacent,wetlands, have a significant nexus with a TNW are,jurisidictional Data supporting this
conclusion is provided at Section III C
Prov►de,acreage estimates for junsdictional wetlands in the review area acres
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 adjacenttand
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional Data supporting this
conclus►on,is provided at Section III C
Provide,estimates'for jurisdictional wetland's in the review area acres
7. Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional
N Demonstrate that impoundment was created from "waters of the US," or
❑ Demonstrate that water meets the,criteria for one,of the categories presented above (1 -6), or
no 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,DES,TRUCTION OF WHICH�COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):10
® which are or could be used by interstate or foreign travelers for recreational or other purposes
'See Footnote-#,3
' To complete the analysis refer to the key in Section III D 6 of the Instructional Guidebook
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the,achon to,Corps and EPAMQ for
review consistent with the process described in the Corps/EPA Memorandunn Regarding CWA Act Jurisdiction Following Rapanos.

W' from which fish or shellfish are or could,be, taken, and sold m,mterstate or foreign commerce
❑■' which are or could be used for'mdustnal purposes by industries in'mterstate commerce
❑■' Interstate isolated waters Explain
❑■ Other factors Explain
Identify water body and summarize rationale supporting determination:
Provide estimates-far jurisdictional waters in the review area (check all that apply)
❑1/, Tributary waters linear feet width (ft)
❑� Other non - wetland waters acres
Identify type(§) of waters
❑� Wetlands acres
NON =JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
❑■ If potential wetlands, wereassessed within the review area„these areas did not meet the critermin the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements
❑■ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR)
❑■ Waters do not meet the "Significant Nexus" standard, where,such a finding is required for.junsdiction Explain
❑� Other (explain, if.not,coveredabove),
Provide acreage estimates for non - jurisdictional waters in the review area, where the sole potential bans 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 width (ft)
❑■ Lakes /ponds acres
❑ Other non - wetland waters acres List type of aquatic resource
0 Wetlands acres
Provide acreage estimates for non - jurisdictional waters m,the review area that, do not meet the "Significant Nexus ",standard, where such
a finding is required for jurisdiction, (check all that =apply)
❑■ Non - wetland waters (i e , rivers, streams) linear feet, width (ft)
❑ Lakes /ponds acres
❑� Other non - wetland waters acres List type of aquatic resource
Q Wetlands acres
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked,items shall be mcluded.m case file and, where checked
and requested„appropriately reference sources below)
® Maps„ plans, plotsw plat submittediby or on behalf of the applicant/consultant
Data sheets, prepared/submitted.by or on behalf of the, applicant/consultant
❑ Office concurs with data sheets /delineation report
❑ Office does not concur with data sheets /delmeation report
© Data sheets prepared by the Corps
❑! Corps navigable wafers' study
® U S ,Geological`Survey Hydrologic.Atlas
❑ USGS NHD data
® USGS 8 and 12 digit HUC maps
® U S Geological Survey map(s) Cite scale & quad name Charlotte East 7 5'Quadrangle
USDA Natural Resources Conservation Service Soil,Survey Citation Mecklenburg County Soils
❑� National wetlandsanventory map(s) Citemame
❑■ State/Local wetland"inventory maps)
❑� FEMA/FIRM maps
❑■ 100 -year Floodplam Elevation is (National Geodectic Vertical Datum of 1929)
Photographs ® Aerial (Name& Date)
or,® Other (Name & Date) see attached report
®
Previous determination(s) File no And date of response letter
Applicable /supporting case law
Applicable /supporting scientific literature
Other information (please specify)

B. ADDITIONAL COMMENTS TO SUPPORT JD:

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):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:Asheville Regulatory Field Office
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Briar Creek Museum Tributary Extension and Culvert Removal -
Unnamed, tributary (Museum, Tributary for project purposes)
State NG County/parish/bbrougli Mecklenburg City Charlotte
Center coordmates of site (lat/long in degree decimal format) Lat 35 1961460 N, Long M81'3230° Mi
Universal Transverse Mercator
Name of nearest waterbody Briar Creek
Name,of nearest Traditional, Navigable Water (TNW) into which the,aquatic resource flows 'Catawba+River
Name of watershed or Hydrologic Unit Code (HUC) Catawba River 03050103
2 Check if map /diagram of review area and/or potential jurisdictional areas is /are available upon request
N Check if other sites (e g , offsite mitigation sites, disposal sites, etc ) are associated with this, action and, ate recorded on a
differenfJD form
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
® Office (Desk) Determination Date
® Field Determination Date(s)
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There,ArP' ergno "navigable waters +of the U'S" withm Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329)4m the
review,area [Required]
Q 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 A "waters of the US." 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): i
❑ TNWs, mcludmg- territorial seas
❑ Wetlands adjacent to TNWs
® Relatively permanent waters' (RPWs) that flow directly or'indirectly into TNWs
❑
Q 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 mtoTNWs
® Wetlands,adjacent,to non-RPWs that flow directly or indirectly into TNWs
® Impoundments of jurisdictional waters
Q Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the.U.S.iin the, review area:
Non - wetland waters 255 linear feet 8 -10 width (ft) and/or acres
Wetlands. acres
c. Limits (boundaries)- of'jurisdiction based,on Established
Elevation of established' OHWM (if known)
2. Non - regulated waters /wetlands (check if applicable):'
© Potentially jurisdictional waters and/or wetlands were assessed within, the review area,and determined to be, not jurisdictional
Explain
Boxes checked below shall be supported by completing the appropriate sections in Section III below
: For,purposes of this form, an RPW isdefined as,a tributary that is'not a TNW and,that typically'flowsyear- round +onhas continuous flow at least "seasonally"
(e g , typically 3 months)
, Supporting documentation is presented in Section III F

SECTION'III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1. only; if the aquatic resource,is a wetland adjacent,to a TNW, complete Sections III.A.1 and 2
,and,Section III.D.1.; otherwise, see,Seciion,II1.B below
1. TNW
Identify TNW
Summarize rationale supporting determination
Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetlan&is "adjacent"
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes�infiirmation regarding characteristics of theitributary-and its adjacent wetlands, if any,�and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non- navigable,tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year -round or have continuous flow at least, seasonally (e.g., typically 3
months).,A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year -round
(perennial) flow, skip,'to,Section III.D.2. If the aquatic resource'is a wetland, directly,abutting a tributary with perennial,flow,
skip to Section.III.D.4.
A wetland that is adjacent to but that does not directly abut,an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any)�and a traditional navigable water, even
though a,significant nexus finding is not required as a matter of law.
If the waterbody° is not an RPW, or a wetland directly abutting an RPW„ a JD will require additional data to determine,if the
water'body 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 sign ificant.nexus exists is determined in Section IIf.0 below.
1. Characteristics of non -TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size as crimes'
damillm
Dramage•area• acres
Average annual rainfall inches
Average annual snowfall inches
(ii) Physical Characteristics:
(a) Relationship, with TNW,
❑ Tributary flowsAirectly into TNW
❑ Tributary flows through 3 tributaries before entering TNW
Project waters are PRIM river miles from TNW
Project waters are Pick List river miles,froin RPW
Project waters are ,M�OM,�M�Lis.t,, aerial (straight) miles from TNW
Project waters are Pic`kIM ' aerial (straight) miles from RPW
Project waters cross or serve as state boundaries Explain
Identify flow route to TNW5
Tributary stream order, if known
” Note that the Instructional Guidebook contains additional infonnatiori regarding swales, ditches, washes, and erosional features generally and m the and
West
s Flow route -can be described by identifying, e g, tributary a, which, flows through the review area, to flow into tributary b, which then flows into TNW

(b) General Tributary Characteristics (check all that apply)
Tributary is ❑ Natural
❑ Artificial (man-made) Explain-
❑ Manipulated (man- altered) Explain
Tributary properties with respect to top of bank (estimate)
Average width feet
Average depth feet
Average side slopes Pick List.
Primary tributary,,substrate composition (check,all that apply,)
❑,Silts ❑•Sands
❑ Cobbles ❑ Gravel
❑ Bedrock ❑ Vegetation Type /% cover
❑ Other Explain
❑ Concrete
❑ Muck
Tributary condition/stability [e g, highly eroding, sloughing banks] Explain
Presence of run/nffle /pool complexes Explain
Tributary geometry Pick List
Tributary gradient (approximate�average slope)
(c) Flow
Tributary provides for
Estimate average number of flow events in review area/year Pick List
Describe flout regime
Other, information, duration andwolume
Surface flow is P c— ck?L�isstt. Characteristics
Subsurface flow Pick List Explainifindmgs
❑ Dye (or other) test performed
Tributary has ( check,all that apply)
❑ Bed and banks
❑ OHWM' (check all indicators that apply)
❑ clear, natural line impressed on the bank
❑
❑ changes in the character of soil
❑
❑ shelving
❑
❑ vegetation matted down, bent, or absent
❑
❑ leaf litter) disturbed or washed away
❑
❑ sediment, deposition
❑
❑ water staining
❑
❑ other'(hst)
❑ Discontinuous OHWM 7 Explain
If factors other than the OHWM were used to determ
Q High'Tide Line indicated by
❑ oil or scum line along shore objects
❑ fine shell or debris deposits (foreshore)
❑ physical markings /characteristics
❑ tidal gauges
❑ other (list)
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment,sortmg
scour
multiple observed or predicted flow events
abrupt change implant community
me lateral extent of CWA jurisdiction (check all that apply)
Mean High Water Mark indicated by
❑ survey to available datum,
❑ physical markings,
❑ vegetation lines/changes in vegetation types
(iii) Chemical Characteristics:
Characterize tributary (e g , water color is clear, discolored, oily film, water quality, general watershed characteristics, etc )
Explain
Identify specific pollutants, if known
6A natural or man -made discontinuity in the OHWM does not necessarily sever jurisdiction (e g, where,the stream temporarily, flows underground „or where
the,OHWM has been removed by development or agricultural practices) Where•there; is a break in the OHWM that is unrelated to the waterbody's flow
regime (e g, flowover a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the,break
'Ibid

(iv) Biological Characteristics. Channel supports (check all that apply):
❑ Riparian corridor Characteristics (type, average width)
❑ Wetland fringe Characteristics
❑ Habitat for
❑ Federally Listed,species Explain findings
❑ Fish /spawn; areas Explam,findmgs
❑ Other environmentally - sensitive, species_ Explain findings
❑ Aquatic /wildlife +diversity Explain findings
2. Characteristics of wetlands adjacent to non -TNW that flow directly or indirectly into'TNW
(i) Physical Characteristics:
(a) General Wetland'Charactenstics
Properties
Wetland size acres
Wetland type Explain
Wetland quality Explain
Project wetlands cross or serve as state boundaries Explain
(b) General Flow Relationship with Non-TNW
Flow is Pick List Explain
Surface flow is:,Pick List
Characteristics
Subsurface flow Pick List Explain findings
❑ Dye (or other) test performed
(c) Wetland Adjacency Determination with Non -TNW
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection Explain
❑ Ecological connection Explain
❑ Separated by berm/barrier Explain
�(d) Proximity (Relationship) to TNW
'Project wetlands are Pick List r vCr miles from TNW
'Project waters are Pick List aerial (straight), miles from TNW
Flow is ^from Pick is
Estimate, approximate, location of wetland as within the, Pick ListList floodplam
(ii) Chemical Characteristics:
Characterize wetland system (e g, water color is clear, brown, oil film on surface, water quality,, general watershed
characteristics, etc,) Explain
Identify specific pollutants, if known
(iii) Biological Characteristics. Wetland supports (check all that apply):
Riparian buffer Characteristics (type, average width)
❑ Vegetation type /percent cover Explain
❑ Habitat for
❑ Federally Listed species Explain findings
❑ Fish/spawn areas Explain findings
❑ Otherenvironmentally- sensitive species Explain findings
❑ Aquatic /wildlife diversity Explain findings
3. Characteristics of all wetlands,adjacent to the tributary (if any)
All wedand(s) being considered in the currmulahve,analysis Pick List
Approximately ( ) acres in total,are being considered m4the cumulative analysis

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®_ Tributaries of TNW where tributaries have continuous flow "seasonally" (e g, typically three months each year) are
jurisdictional Data supporting this conclusion is provided at Section IIi B Provide rationale indicating that tributary flows
seasonally
Provide estimates for jurisdictional waters in the review area (clieck,all that apply)
® Tributary waters 255 linear feet 8- 10,width (ft)
® Other non-wetland -waters acres
Identify type(s) of waters
Non -RPWss that flow directly or indirectly into TNWs.
® Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a�significant nexus with a
TNW,is jurisdictional Data,supportmg this,conclusion is provided at Section III C
Provide estimates for jurisdictional waters within the review area (check all that apply)
© Tributary waters linear feet Width.(ft)
® Other non - wetland waters acres
Identify type(s) of waters
Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands;directiy abut RPW and thus are jurisdictional as adjacent,wetlands
® Wetlands directly abutting an RPW where tributaries typically flow year-round Provide data and rationale
,indicating that tributary is perennial in Section III D 2, above Provide rationale mdicatmg,that wetland is
directly abutting an RPW
_® Wetlands directly abutting an RPW where, tributaries typically flow "seasonally " Provide data.mdicatmg,that tributary is
seasonal in Section III B and rationale in Section III D 2, above Provide rationale, indicating that wetland is directly
abutting an RPW
Provide.acreage estimates ^for junsdictional wetlands in the�review area acres
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 m�combmation 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 theireview area acres
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,sigmficant nexus with a TNW are jurisdictional Data'supporting this
conclusion is provided at Section III C,
Provide estimates for jurisdictional wetlandsin the review area acres
7. Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional
Demonstrate that impoundment was created from "waters of the US," or
® Demonstrate that water meets the criteria for one of the categories presented above (1 -6), or
® Demonstrate that water is isolated with a nexus to commerce (see E below)
E. ISOLATED [INTERSTATE OR INTRA- STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY) :io
9 which are or could be used by interstate,or foreign travelers for recreational orother purposes
'See Footnote # 3
' To complete the analysis refer to the key, in Section III D 6 of the Instructional Guidebook
10 Prior to asserting or declining CWA Jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Junsdicdon Following Rapanos

❑■ I 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)
❑■' Tnbutaryiwaters Imearfeet width (ft)
❑■ Other non- wetland waters acres
Identify type(s) of waters
❑Q Wetlands acres
F. NON - JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
©_ If potential wetlands were assessed within the review area, these areas did notmeet the criteria,m the 1987 Corps of Engineers
Wetland Delineation Manual and/or,appropnate Regional Supplements
® Review -area included isolated waters with no substantial nexus to interstate (or foreign) commerce
❑ Prior to,the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR)
❑■ Waters do not meet the "Significant Nexus" standard, where such a finding is required for Jurisdiction Explain
Other (explain, if not covered above)
Provide acreage estimates'for non - jurisdictional waters in the�review area, where the sole potential basis,of Jurisdiction is the MBR
factors (i e , presence of migratory buds „presence,of endangered species, use of water for irrigated agriculture), using best professional
Judgment (check all that apply)
© Non - wetland waters (i e, rivers, streams) linear feet width (ft)
Lakes /ponds acres
® Other non - wetland waters acres List type of aquatic resource
Wetlands acres
Provide acreage estimates for non - jurisdictional waters in the,review area that do not meet the "Sigmficant,Nexus” standard, where such
a,findmg is regdired,for Jurisdiction (che&all that apply)
® Non - wetland waters (i e , rivers, streams) linear feet, width,(ft)
© Lakes /ponds acres
Other non - wetland waters acres List type of aquatic resource
© Wetlands acres
SECTION IV: DATA SOURCES.
A. SUPPORTING_ DATA. Data reviewed for,JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below)
Maps, plans, plotA or plat submitted by or on behalf of the applicant/consultant
® Data sheets prepared/submitted by or on behalf of the applicant/consultant
❑ Office concurs with data sheets /delineation report
❑ Office does not concur with data sheets /delineation report
Data sheets prepared by the Corps
Corps navigable waters' study,
U S Geological Survey Hydrologic Atlas
❑ USGS NHD data
® USGS 8 and 12 digit 14UC maps
U S Geological Survey map(s) Cite scale & quad name Charlotte East 7 5 Quadrangle
® USDA Natural Resources Conservation Service Soil Survey Citation Mecklenburg County Soils
® National wetlands inventory map(s) Cite name
® State /Local wetland inventory map(s)
® FEMA/FIRM maps
® 100 -year Floodplam Elevation is (National Geodectic Vertical Datum of 1929)
®_ Photographs ® Aerial,(Name & Date)
or ® Other (Name & Date) see attached report
® Previous determination(s) File no and date of response letter
® Applicable /supporting case law
® Applicable /supporting scientific literature
® Other information (please specify)

B. ADDITIONAL.COMMENTS TOSUPPORT JD:

Previous Permits & Jurisdictional Determination

fiW�
+�-
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr. Jarrod Karl
City of Charlotte, Storm Water Services
600 East Fourth St.
Charlotte, NC 28202
Division of Water Quality
Coleen H. Sullins
Director
Subject: Briar Creek Enhancement (Mint Museum)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Karl:
Dee Freeman
Secretary
August 18, 2009
DWQ# 09 -0827
Mecklenburg County
You have our approval, in accordance with the general certification and those conditions listed below,
to impact 7600 linear feet (If) of stream (900 If; tributary to Briar Creek; 6700 If, Briar Creek) in order to conduct
the stream enhancement project in Mecklenburg County, as described in your application received by the
Division of Water Quality (DWQ) on July 30, 2009. After reviewing your application, we have determined that
this project is covered by Water Quality General Certification Number 3704 and 3689, which can be viewed on
our web site at http:// h2o .enr.state.nc.us /ncwetiarids. The General Certifications allow you to use Nationwide
Permit Numbers 14 and 27 once they are issued to you by the U.S. Army Corps of Engineers. 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 Certifications will expire when the associated 404 permits expire unless otherwise
specified in the General Certification. 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. 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.
In addition to the requirements of the certification, you must also comply with the following conditions:
The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts are not
allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities.
3. Provide a copy to DWQ of the deed notifications or similar mechanisms that shall be placed on all retained
jurisdictional wetlands and waters. A sample deed notification can be downloaded from the 401 /Wetlands
Unit web site at http:// h2o.enr.state.nc.us /ncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project.
Mooresville Regional Office 011
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 lv0 hCarolillil
Phone' (704) 663- 16991Fax: [phone] Customer Service: 1- 877 -623 -6748 �if 1f�N�`f
Internet: www.ncwaterquaiity.orq Naturally
s J
An Equal OpportunityiAffimiative Action Employer - 50% Recycled /10% Post Consumer Paoer

4. Storm water 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.
5. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Preconstruction Notification application All construction activities
associated with this project shall meet, and /or exceed, those requirements specified in the most recent
version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no
violations of state water quality standards, statutes, or rules occur.
6 Sediment and erosion control measures shall not be placed in wetlands or waters to the m aximum extent
practicable If placement of sediment and erosion control devices in wetlands and waters-is unavoidable,
they shall be removed and the natural grade restored within two months of the date the Division of Land
Resources has released the project.
7. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion° form to the 401,/Wetlands Unit of the, NC Division of Water Quality.
8 Continuing Compliance. The applicant (City of Charlotte) shall conduct all activities in a manner so as not to
contravene any state water quality standard (including any•requirements for compliance with section 303(d)
of the Clean Water Act) and any other appropriate requirements of state and federal law. If,DWQ determines
that such standards or laws are not being met (including the failure,to sustain a designated or achieved',use)
or that state or federal law is being violated, or that further - conditions are necessary _ to assure compliance,
DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with
such standards,and,requirements in accordance with 15 -A NCAC 2H.0507(d). ,Before codifying'the
certification, DWQ shall notify the applicant and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A
NCAC 21-1.0504. Any new or revised conditions- shall be provided to the applicant in writing, shall °be provided
to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of
the Clean Water Act, and ,shall also become, conditions of,the 404 Permit for the project.
If you do not accept any of the conditions of'this certification, you may ask for an adjudicatory hearing.
You must act within,60 days of'the date that you receive this letter. To ask for a hearing, send a written
petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.0 27699 -6714. This certification and its conditions are final
and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality 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 or Ms. Cyndi Karoly in the Central Office in Raleigh 919 - 733 -9721.
Sincerely,
for Coleen H. Sullins
Attachments
cc, Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON"DISTRICT
Action ID. SAW- 2009 -01033 County: Nlecklenburg USGS Quad. Charlotte West
GENERAL. PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Authorized Agent: Charlotte - Mecklenburg Storin Water Services, Att'n: Jarrod
Marl
Address 600 East Fourth St., 14th Floor
Charlotte, NC 28202
Telephone No
Size and location ofpiopeity (water body, road name /number, town, etc) Briar Creek Environmental
Restoration project from Randoph Rdad to Providence Road; in Charlotte
Description of projects area and activity This permit authorizes impacts to 7,600 LF of Briar Creek
excavation,of riftle,and pool bedform features, and installation of'instrearn structures.
Applicable Law ® Section 404.(Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC -403)
Authorization Regional General Permit Number
Nationwide Permit Number 27
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your subm -med plans Any violation of the attached conditions,oi deviation,from your
submitted plans may subject the permittee to a stop work oider, a iestoration order and/or appropriate legal action
Thbs 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 temairi authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
_-- unless- discretona>_y_ authority _has_been_eaercised_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 individual4Secdon 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements
Fot activities occurring within the twenty coastal counties subject to tegulation under the Coastal Area
Management Act (LAMA), pi for to beginning work you must contact the N C Division of Coastal Management
This Department of the Aimy verification does not relieve the permittee of the responsibility to obtain any other
requited Fedetal, State of local approvals /permits.
If there ate any questions regarding this verification, any of the conditions of the Per mit, or the Corps of
Engineers regulatory program, please contact Steve Chap in,at,828- 2714980
Corps Regulatory Official Steve Chapin Date- August 19, 2009
Expiration Date of Verification August 19, 2011

The Wilmington District is,committed to providing the highest level of support to the public To help its ensure we
continue to do so. please complete the attached customer Satisfaction Survey or visit
http:llw-,v -w sa%, .usace.arnn, niilf'WEI'1,ANDS /index htinl to complete the survey online.
Determination of Jurisdiction:
A. ❑ Based on preliminary information. there appear to be waters of the US ulchidrng wetlands within the above
described,project area This prelimnary determination is not an appealable action under the Regulatory
Program Adr u istrative Appeal Process ( Reference 33 CFR Part 33 l )
B. ❑ There are Navigable Waters of the United States, within the above,desciibed projectarea subject to the
permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
Unless there is a change in the law or our published regulations, this deters unation may be relied upon for a
period not to exceed five years from the date of this notification,.
C. ® There are waters of the US and/or wetlands within the above described project area 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 determnauon issued—. Action ID
Basis of Jurisdictional Determination: The site a stream channel that exhibits indicators of ordinary�high water
marks The stream,channel onrthe property is an unnamed tributary to Briar Creek and Briar Creek which flows into
the Catawba River and ultimately flows to the Atlantic,Ocean thfough the Briar Creek >Little Sugar Creek> Sugar
Creek> Catawba River system which is a Section 10 navigable -in -fact waterway,at Lake Wylie
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
above)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that
approved jurisdictional determination, you can make an administrative appeahunder 33 CFR.33 :1. 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 mist submit a completed RFA form to the following,address.
District Engineer, Wilmington Regulatory Program
Attn: Steve Chapin, Project Manager
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
In order for an,RFA to be,accepted by the Corps, the Corps must determine that it -is complete, that it meetsthe
criteria for appeal under 33 CFR part 331 5, and that it has been received by the Division Office within 60 days of
the date of the NAP Should you decide to submit an RFA form, it must be received at the above address within 60
days from the Issue Date below
* *It is not necessary to subtnrt an RFA forin,to the Division Office if you do'not object to the determinatton,.m this
contspondence' **
Corps Regulatory Official _Steve Chapin
Issue Date: Aueust 19, 2009 Expiration Date Five years from Issue Date
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE
Copy Furntshed
Wrldlands'Engtncertng, Inc

Agency Correspondence

2014 Agency Letters

WILDLANDS
ENGINEERING
June 30, 2014
Renee Gledhill - Earley
State Historic Preservation Office
4617 Mail Service Center
Raleigh, North Carolina 27699 -4617
Subject: Request for Records Search
Briar Creek Museum Tributary Extension and Culvert Removal
Charlotte, North Carolina
Dear'Ms Gledhill-Earley-
On behalf of our client, Charlotte Mecklenburg Storm Water'Services, we are hereby contacting
the North Carolina State Historic Preservation 'Office (SHPO) regarding the presence of any
historic properties or cultural resources within the referenced project areas. The project is
located approximately 3 miles southeast of uptown,Charlotte off,of Randolph Road (Figure 1).
The proposed project will daylight approximately 230 linear feet (LF) of a tributary to Briar
Creek. Three corrugated metal pipes will be removed and replaced by an open channel with a
bottom width of 5 feet and 2.5:1 side slopes Upstream, the proposed channel will be tied to
the existing stream channel that begins at Museum Drive and flows southeast thru Eastover
Park. Downstream the proposed channel will tie-in just upstream of the previous pipe outfall
into Briar Creek. Site coordinates for the combined project. area is
80 °N48'47 89 "W/35 °11'42.929 "N The attached USGS Site Map (Figure 2) illustrates the
approximate location of the project area
The project is located within a primarily urban area with adjacent roadways and some wooded
areas. The objective of the proposed project is alleviate flooding issues, along Museum Drive
that have occurred as a result of the culvert. The open channel will increase capacity and
provide a better flow path to Briar Creek during high flow events. Construction of this project
will include temporary stream impacts to approximately 285 LF of perennial channel. This
includes approximately 255 LF for new channel construction and upstream tie -in grading along
the Museum Tributary and an additional 30 LF of temporary impacts on'Briar Creek to tie in the
proposed Museum Tributary channel.
Wildlands Engineering previously contacted the SHPO in January 2009 for a review of a larger
project in the same location, , Briar Creek Randolph Road to Providence Road — Stream
Enhancement Project (ER09- 0068), which was permitted but not constructed The current
proposed project is a much smaller footprint within the previous project area which was
determined to not adverse effect the Eastover ,National Register Historic District. Previous
correspondence with SHPO are enclosed with this request.
Wildlands Engineering, lnc • phone [phone] • fax [phone] • 1430 S Mint Street,,# 104 • Charlotte, NC 28203

W
WILDLANDS
ENGINEERING
Please provide a written response concerning your determination regarding the presence of any
historic properties or cultural, resources within the project area Thank you for your attention to
this matter
Sincerely,
Ian Eckardt
Environmental Scientist
Attachments:
Figure 1: Vicinity Map
'Figure 2: USGS Site Location Map
2009 Correspondence
Wlldlands Engineering Inc • phone [phone] • fax [phone] • 1430 S Mmt'Street, 4 104 • Charlotte, NC 28203

North Carolina Department of Cultural Resources
State Historic Preservation Office
Ramona M Bartos, Administrator
Go%emor Pat McCrory
Secretary Susan Mutt/
July 17, 2014
Ian Eckardt
Wildlands Engineering, Inc.
1430 South Mint Street, #104
Charlotte, NC 28203
Office of Archn es and History
Deputy Secretary, Kevin Cherry
Re: Briar Creek Museum Tributary Extension and Culvert Removal, Charlotte, Mecklenburg County,
ER 14 -1554
Dear Mr. Eckardt:
Thank you for your letter of July 1, 2014, concerning the above project.
There -are no known archaeological sites within the proposed project area. Based on our knowledge of the
area, it is unlikely that any archaeological resources that may be eligible for inclusion in, the National Register of
Historic Places'will be,affected by the project., We, therefore, recommend that-no archaeological,investigation
,be conducted in connection with this project.
The project area falls within the Eastover Historic District (MK3140) which was placed on the State Study List
in 1999, a preliminary step in the review of potential nomination to,the National Register. However, the
project as proposed will not adversely affect'the Historic District.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 1`06 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above continent,
contact Renee Gledhill- Earley, environmental review coordinator, at 919- 807 -6579 or renee.gledltill-
eatley a,ncdcr:gov. In all future communication concerning this project, please cite the above referenced
tracking number.
Sincerely,
1 "- - - Lj�
Ramona M. Bartos
Location 109, Fast Jones Street, Raleigh NC 27601 Mailing Address 4017 Nhul Sen ice Center, Raleigh NC 27699 -4617 Telephone /Fax. [phone] -6599

zoog Agency Letters

WILDL�ANDS
January 9, 2009
Mr. Peter Sandbeck
Deputy State Historic Preservation Officer
North Carolina State Historic Preservation Office
4617 Mail Service Center
Raleigh, North Carolina 27699 -4617
Subject: Request for Records Search
Briar Creek Randolph Road to Providence Road —
Stream Enhancement Project
Charlotte, North Carolina
Dear Mr. Sandbeck:
On behalf of our client, Charlotte Mecklenburg Storm Water Services, we are hereby
contacting the North Carolina State Historic Preservation Office regarding the presence of
,any historic properties or cultural resources within the referenced project cdrridors. The
project is located along Briar Creek between Randolph Road and Providence Road, and
along an unnamed tributary adjacent to Museum Drive in Charlotte, NC (Figure 1). The
attached USES Site Location Map illustrates the approximate location of the project area.
Figure 1 was prepared from the Charlotte East Quadrangle, North Carolina.
This project is located within, a mixed use, low density commercial and residential area
with adjacent roadways, parks, wooded areas, and maintained lawns. The purpose of this
project is to perform stream restoration and enhancement activities. Construction of °this
project will cause unavoidable impacts to jurisdictional waters of the U.S. and require
Section 404/401 permitting.
Please provide a written response concerning your determination regarding the presence of
any historic properties or cultural resources within the project area. Thank you for your
attention to this matter.
Sincerely,
Matt L. Jenkins, PWS
Environmental Scientist
Attachment:
Figure 1. USGS Site Location,Map
Wddlands Engmeenng Inc O 1430 South Mmt Street ♦ Stute 104 O Chadotte NC 26203

North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter B Sandbeck, Administrator
Michael V. Nasky, Govcmor
I.islxth C. Evans, Sccrctary
Jeffrey J. Crow, Deputy Secretary
January 28, 2009
Matt L. Jenkins
Wildlands Engineering
1430 S Mint Street, Suite 104
Charlotte, NC 28203
Office of Archives and 16story
Division of I listorical Resources
David Brook, Director
RE: Briar Creek Randolph Road to Providence Road Stream Enhancement Project, Charlotte,
Mecklenburg County, ER09 -0068
Dear Mr. Jenkins:
Thank you for our letter of January 9, 2009, concerning the above referenced undertaking. We have reviewed
our maps and files and find that the proposed stream enhancement may affect the Eastover Historic District.
According to our files the properties along the stream appear to be the back of lots within the district.
Please provide us with plans for this project so we may determine if there will be an effect on the historic
district.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill- Earley, environmental review coordinator, at 919- 807 -6579. In all future
communication concerning this project, please cite the above referenced tracking number.
Sincerely,
eter Sandbeck
Locatiom UP) East Jones Street, Raleigh NC 27601 Mailing Address: 4611 Mad Smite Center, Raleigh NC 276(Y) -4617 Telephone /Fax: 917j Ilft7-65 ?11/907•6599

North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter It. Sandhcck, Administrator
Beverly V.avcs Perdue, Governor ( )Rice of Archive., and I listory
Linda A. Carlisle, Secretary Division of I listorical Resources
f effreyf. Crow, Deputy SLcremry David Br(x)k, Director
March 4, 2009
Matt _J enkins
Wildlands Engineering, Inc.
1430 South Mint Street
Suite 104
Charlotte, NC 28203
Re: Briar Creek Randolph Road to Providence Road Stream Enhancement, Charlotte,
Mecklenburg County, ER 09 -0068
Dear Mr. Jenkins:
Thank you for your letter of February 18, 2009, providing the additional information we requested.
Per our phone conversation of March 4, 2009, and the description of the project, there appears to be no
adverse effect to the Eastover National Register Historic District. Therefore, we have no comment on the
project as proposed
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
please contact Renee Gledhill- Earley, environmental review coordinator, at 919 - 807 -6579. In all future
communication concerning this project, please cite the above - referenced tracking number.
Sincerely,
eter Sandbeck
Location: 110) East fones'Strict, 161cigh NC 2 -601 Mailing Address: 4(.17 Mail 4nicc Cerro, IdalciGh NC 2767) -4611 Telephone /Fax: 0117) 8AI' -65 %0/807 -6579

WILDL�ANDS
January 9, 2009
Ms. Misty Franklin
North Carolina Natural Heritage Program
North Carolina Department of the Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Subject: Request for Records Search
Briar Creek Randolph Road to Providence Road —
Stream Enhancement Project
Charlotte, North Carolina
Dear Ms. Franklin:
On behalf of our client, Charlotte Mecklenburg Storm Water Services, we are hereby
contacting,the North Carolina Natural Heritage Program regarding the presence of any
federally- listed, or candidate endangered or threatened species, or Critical Habitat within
the referenced project corridors. The project is located along Briar Creek between
Randolph Road and Providence Road, and along unnamed tributary adjacent,to Museum
Drive in Charlotte, NC (Figure 1). The,attached USGS Site Location Map illustrates the
approximate location of the project area. Figure 1 was prepared from the Charlotte East
Quadrangle, North Carolina.
This project is located within a mixed use, low density commercial and residential area
with adjacent roadways, parks, wooded areas, and maintained lawns. The purpose of this
project is to perform stream restoration and,enhancement activities. Construction of this
project will cause unavoidable impacts to jurisdictional waters of the U.S. and require
Section 404/401 permitting.
Please provide a written response concerning the presence of federally- listed, or candidate
endangered or threatened species, or Critical Habitat within or near the project area. Thank
you for your attention to this matter.
Sincerely,
Matt L. Jenkins, PWS
Environmental Scientist
Attachment:
Figure 1. USGS Site Location Map
WddI nds Engmee .g Inc 0 1430 South Mm Street 0 Sun, 104 ♦ Chadott, NC 28203

North Carolina Department of Environment and Natural Resources
Division of Natural Resources Planning and Conservation
Beverly Eaves Perdue, Governor
A, NInU L Jenkins
Wildlands Engmeer mg Inc
1130 South Mint Sttcet Suite 10 -1
Char retie, NC 28203
Linda Pearsall, Director
January 15 2009
Dee Freeman, Secretary
Subject 131 im Creel. Randolph Road to Proyrdeine Road - Stream Enhancement Plolecl, Char lone.
NVlecklcnbutg County
1,)ear Nli lenkins
-Mlle Natural Hvinage Nogiam bas no record of rare species, slgnr5amt natural communitles, Nignincant
natural helilap areas, or coinovatmn /maimiged oleos at the site Iloi within a milc of the pi jecl aua
Although our maps do not shomv imwds of such natural heI nape elements in the project area it doe; not
nccessaril) mean that they are not present It may smply mean that the area has not been surveyed The
use ANannal Hcrrtage Program data should not be substituted for actual field sur\•eys, paltrctllarl�' Ifthc
project area contains sult<I" hasty 106 raw species, significant natural communities, or priority ity natural
Was
You ma) wish to cheer. the Nau.ual I -lei tinge Program Turibase websrte at \y\v\\, ncnhp erg for a listing of
rate plants and anneal, and significant natural communities 111 the county and on the quad 111,11) OuI
PWWam also has a new websrte that allo "s users to ohmn inihmatlorl'on clement occurrences and
significant natural het iwgc awes \ylTm avu r1 iK of 'a given location
<http Unhp\\eb em state nc uWnhis /pubadgmap75_mam phtml> The use name is "public" and the
password is "]leiitage" You may want to click' Help' for mote inlotman,
NC OneMap now provides digital Natural Her Itage data online for flee This service piovid'cs site
specific information on GIS layei, with Natural 11einage Program role species occurrences alld
Significant Wmal I %ange Areas The NC C)neN'tap wehsrtc provides Clement Occurrence, (EO) ID
numbers (Instead of species panic), and the data user lC then encowngal to cnmact the Natural Hmitagc
Program lei detailed Intimation this scrVICC, allows the user to quickly and cfl wmtly ,get site specific
NI-111 data wrthuut vowing the NHI' wolktoum or waumu fur the Information Request to be answered b)
mil, stafi I of rllllre Illlolmalion about data loirllats and access, Visit < \ \' \b \V ncollelllaP C(.)Ill ,>, then click
on' R P Data Download- and We" "nhto irp- Ito the tight of Natural Helnag, Element OcculncUN
You nlav, also e -mail NC OneNlap at <dalacl�ii,11cnrul llet- for nlor -e Infol motion
Please do not hesitate to contact me at 919-713-8697 if you have question,, or need further Infol matron
Sincerely, _
I -lady E cGiand, Jr Lo li>gt�l
Natulal I-Icrna,c I'roz�ranl
1601 Mail Service Center, Raleigh, North Carolina 27699 -1601 Carolina
One
Phone [phone] FAX [phone] Internet w�ww oneNCfJaturally erg North���u�,,�. //�
4 Equal Opportunity 1 Affirmative ,Action Employer - 50% Recycled \ 10% Post Consumer Paper Naturol Resources Plcmm�g and Conseivminn