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HomeMy WebLinkAbout20140949 Ver 1_401 Application_20140914CWS Carolina Welland Services Carolina Wetland Services, Inc. 550 East Westinghouse Boulevard Charlotte, NC 28273 704 -527 -1177 - Phone 704 -527 -1133 - Fax TO: Ms. Karen Higgins NCDWR — NC DWR, 401 & Buffer Permitting Unit 512 N Salisbury St 9th Floor, Archdale Building Raleigh NC 27604 2 0 1 4 0 9 4 9 Date: 9/4/2014 CWS Project 9: 2013 -3232 PAID L P 0 5 2014 KJA KJAL LETTER OF TRANSMITTAL WE ARE SENDING YOU: ®Attached ❑Under separate cover via the following items: ❑ Prints ❑ Plans , ❑ JD Package ❑ Specifications ❑ Copy of letter ❑ Change order ❑ Wetland Survey ® Other rP PN(`i OQTTRPC ARP NOT A.Q NOTPr) KfNn1 V NIYr1PV ii.Q AT oNrP. THESE ARE TRANSMITTED as checked below: ®For approval ❑Approved as submitted ❑Resubmit copies for approval ®For your use ❑Approved as noted ❑Submit copies for distribution ❑As requested ❑Returned for corrections ❑Return corrected prints ❑For review and comment ❑For your verification and signature REMARKS: Karen, Please find attached five copies of the Preconstruction Notification and application for WQC 3890 for the Saddlebrook subdivision. A check for the application fee of $570 is also attached. Copy to: File Thank &Ld Thomas Blackwell, PWS Senior Scientist NORTH CAROLINA • SOUTH CAROLINA 1 9/4/14 5 Application for WQC 3890 2 9/4/14 1 Application Fee ($570) THESE ARE TRANSMITTED as checked below: ®For approval ❑Approved as submitted ❑Resubmit copies for approval ®For your use ❑Approved as noted ❑Submit copies for distribution ❑As requested ❑Returned for corrections ❑Return corrected prints ❑For review and comment ❑For your verification and signature REMARKS: Karen, Please find attached five copies of the Preconstruction Notification and application for WQC 3890 for the Saddlebrook subdivision. A check for the application fee of $570 is also attached. Copy to: File Thank &Ld Thomas Blackwell, PWS Senior Scientist NORTH CAROLINA • SOUTH CAROLINA P Corps Submittal Cover Sheet Please provide the following info: 1. Project Name: Saddlebrook Site 2. Name of Property Owner /Applicant: Carolina Development Services, LLC, POC: Mr. Scott Twiddy 3. Name of Consultant/Agent: Carolina Wetland Services, Inc., Mr. Thomas Blackwell, PWS *Agent authorization needs to be attached. 4. Related/Previous Action ID number(s): N/A 5. Site Address: east of the end of Hill Pine Road, south of Pelham Lane and west of US 601 in Midland, North Carolina 6. Subdivision Name: N/A 7. City: Midland 8. County: Cabarrus 9. Lat: N 35.2439740 Long: W 80.5090930 (Decimal Degrees Please 10. Quadrangle Name: Midland, NC, dated 1996 11. Waterway: UT to Muddy Creek 12. Watershed: 13. Requested Action: X Nationwide Permit # 29 General Permit # X Jurisdictional Determination Request Pre - Application Request The following information will be completed by Corps office: Prepare File Folder AID: Assign number in ORM Authorization: Section 10 Section 404 Project Description/ Nature of Activity/ Project Purpose: Site /Waters Name: Keywords: SEP 0 5 2014 Begin Date CWS 1.1 Weuand Services August 27, 2014 ,,Mr William Elliott 550 E WESTINGHOUSE,BLVD CHARLOTTE, NC 28273 866- 527- 1177(office) 704 - 527- 1133(fax) U S Army Corps of Engineers 151 Patton Avenue Asheville, NC 28801 Subject: Pre-Construction Notification Pursuant to Nationwide Permit No. 29 and WQC 3890 Saddlebrook Midland, North Carolina Carolina Wetland Services Project No. 2013 -3232 Dear Mr Elliott The Saddlebrook site is approximately 35 acres in extent and is located east of the end of Pine Hill Road, south of Pelham Lane, and west of U S 601 in Midland, North Carolina (Figures 1 and 2, attached) On behalf of Carolina Development,Services, LLC has contracted Carolina Wetland,Sery ices, Inc (CWS) to provide Section 404/401 permitting services for this project CWS is requesting written verification from the U S Army Corps of Engineers regarding the extent of jurisdictional features within the Saddlebrook project,area The purpose of this project is to develop the site as a residential subdivision comprising of 210 single family lots Applicant Name: Carolina Development Services, LLC, POC Mr Scott Twiddy Mailing Address: 2649 Brenc_konridge Center Drive, Monroe, North Carolina 28110 Phone Number of Owner /Applicant: ,803- 389 -3387 Street Address of Project: east of,the,end of Pine Hill Road, south of Pelham Lane, and west of U S 601 in Midland, North Carolina Waterway: UT to Muddy Creek Basin: Yadkin (HU# 03040105) City: Midland County,: Cabarrus Tax Parcel ID numbers: 5544976115, Decimal Degree Coordinate Location of Project Site: N 35 243974 °, W 80 509093° USGS Quadrangle Name: Midland quadrangle, North Carolina, dated 1996 Current Land Use The site consists of a clear -cut tract with wooded margins Typical on -site vegetation includes saplings of red maple (Acer rubrum), sweetgum (Liquidambar styraciflua), winged elm (Ulmus alata), and loblolly pine (Pinus taeda) Herbaceous species include little blue stem (Andropogon wirginicus), Japanese honeysuckle (Lonicerajaponica), and sawtooth blackberry (Rubus argutus) NORTH CAROLINA • SOUTH CAROLINA WWW CWS -INC NET Saddlebrook August 27, 2014 Nationwide Permit No. 29 and Request for Verification CWS Protect No. 2013 -3232 On -site soils consist of Kirksey silt loam 1 to 6 percent slopes (KkB) and Misenheimer channery silt loam, 0 to 4 percent,slopes (MsA, Soil Survey of Cabarrus County'; Figures 3 and 4, attached) Both of the soils located in the project area moderately well - drained soils Neither of the on -site soils are listed as hydric on the North Carolina Hydric Soils List for Cabarrus Countyz or on the National Hydric Soils List 3 Preliminary Jurisdictional Determination On January 28, 2014, CWS scientists Thomas Blackwell, PWS, Gregg Antemann, PWS, Kelly Thames, Wetland Professional in Training (WPIT) and Logan Hardin delineated (flagged in the field) jurisdictional waters of the US, including wetlands within the project area This delineation was conducted according to the U S Army Corps of Engineers ( USACE) Routine On -Site Determination Method This method is defined in the 1987 Corps of Engineers Wetlands Delineation Manual', the 2007 USACE Jurisdictional,Determmation Form Instructional Guidebooks, with further technical guidance from the Eastern Mountains & Piedmont Regional Supplement 6, dated April 2012 A Wetland Determination Data Form representative of on -site wetland areas is attached (DPI) A Wetland Determination Data Form representative of on -site non - Junsdictional upland areas is attached (DP2) The locations of these data points are identified as DP 1 and DP2 on Figure 5 (attached) Junsdictional stream channels were classified according to recent USACE'and North Carolina Division of Water Resources ( NCDWR) guidance These classifications included sampling with a D- shaped dip net, taking photographs, and defining approximate breakpoints (location at which a channel changes classification) within each on- sitemream channel A NCDWR Stream Classification Form representative of Stream Aais attached (SCPI) The'location�ofthis stream classification-point i's identified as SCP1 on Figure 5 Results The results of the wetland delineation conducted by CWS indicate that there is one jurisdictional stream channel (Stream A) and two jurisdictional wetland areas (Wetlands AA and BB) located within the project area (Figure 5, attached) On -Site ,jurisdictional waters of the U S include unnamed tributaries (UT) to Muddy Creek (Figure 6, attached) Muddy Creek is a part of the Yadkin River basin (HU# 03040105) Muddy Creek is classified as "Class C Waters" by the NCDWR According to the NCDWR, Class C Waters are defined as "Waters protected for uses such as secondary recreation, fishing, wildlife, fish consumption, aquatic life including propagation, survival and maintenance of biological integrity, and agriculture " On -Site jurisdictional waters of the U S total approximately 0 55 acres On -Site jurisdictional waters of the U S are summarized in Table 1 (next page) 'United States'Department of Agriculture (USDA), 2013 Soil Survey of Cabarrus,County, North Carolina 2 United States Department of Agriculture — Natural Resources Conservation Service, 1999 North Carolina Hydric +Soils List, USDA -NRCS North,Carollna State,Office, Raleigh 3 United'States Department of Agriculture —Natural Resources'Conservatlon Service, 2012 National Hydric Soils List,by State a Environmental Laboratory, 1987 "Corps of Engineers Wetlands Delineation Manual ", Technical Report Y -87 -1, US Army Engineer Waterways Experiment Station, Vicksburg, Mississippi s USACE Jurisdictional Determination Form.Instructional Guidebook 2007 USACE Regulatory National Standard Operating Procedures for conducting an approved Jurisdictional determination (JD) and documenting practices to support an approved JD USACE Headquarters, Washington, DC e US Army Corps of Engineers, April 2012 Regional Supplement to the Corps of Engineers Wetland Delineation Manual Eastern Mountains and Piedmont Region US Army Engineer Research and Development Centre, Vicksburg, Mississippi 2 Saddlebrook August 27, 2014 Nationwide Permit'No 29 and Reauestifor Verification CWS Proiect`No. 2013 -3232 Table 1. Summary of Saddlebrook On -Site Jurisdictional Waters of the U.S. Seasonal RPWs Seasonal RPWs are those, that exhibit continuous flow seasonally This flow regime is the result of a lowering of the water table during dry periods that stops groundwater discharge'to the stream channel Seasonal streams do not typically support aquatic life requiring year -round flow to support reproductive ' and maturation'stages This section describes each on -site Seasonal RPW stream and the field observations supporting these determinations Stream A originates on site and flows southeast across the middle portion of the project area for approximately 354 linear feet Stream A Wetlands AA and BB (Figure 5) Stream characteristics of Stream A indicate that continuous flow is present for at least three months in atypical year Stream A was classified as a Relatively Permanent Water With seasonal flow (Seasonal RPW) according to USACE/EPA guidance Seasonal RPW Stream A exhibited weak bed and banks, weak flow, substrate consisting ofsand and small cobbles, and an average ordinary high water width of 2 to4 feet Biological sampling within Seasonal RPW Stream A revealed a weak presence of iron oxidizing bacteria and a weak presence of algae Seasonal RPW Stream A scored 20 5 out of a possible 63 points on the NCDWR Stream Classification Form and a 35 out -of a possible 100 points on the USACE Stream Quality Assessment Form, indicating intermittent status (SCPI, attached) Photograph A (attached) is representative of Intermittent Seasonal RPW Stream A Wetlands The USACE and the Environmental Protection Agency (EPA) define wetlands as "Those areas that are mundated,or saturated by surface or ground watef at a frequency and duration,sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in ' Classifications, of streams include Traditionally Navigable Waters (TNWs), Relatively Permanent Waters (RPWs), and Non - Relatively Permanent Waters (Non -RPWs) Subcategories of RPWs include perennial streams that typically have year- roundfow, and seasonal streams that have continuous flow at least seasonally Two classifications of jurisdictional wetlands are used to describe proximity and connection to TNWs These classificationsanclude either adjacent or directly abutting Adjacent wetlands are defined as wetlands within floodplams or in close proximity to a TNW but without a direct visible connection Abutting wetlands have a direct surface water connection traceable to a TNW Jurisdiction Stream, USACE Classification NCDWR Stream Approx. Approx. ' Jurisdictional USACE/EP.A Stream Quality Length Acreage Feature Rapanos Intermittent /, Point" Classification Assessment linear (feet) (ac.) `Classification perennial Score Score ' (SCP) Stream A Seasonal,RPW Intermittent 9CP1 205 35 354 0 032 Stream Total: 3541f 0.032 ac. Jurisdictional' - USACE/EPA Rapanos Approx Feature 'Classification Data Point (DP) � - ,Acreage, (ac.) Wetland AA Directly Abutting RPW DPI 048 Wetland BB Directly Abutting RPW DP2 0 041 Wetland Total: 0.521 ac. Seasonal RPWs Seasonal RPWs are those, that exhibit continuous flow seasonally This flow regime is the result of a lowering of the water table during dry periods that stops groundwater discharge'to the stream channel Seasonal streams do not typically support aquatic life requiring year -round flow to support reproductive ' and maturation'stages This section describes each on -site Seasonal RPW stream and the field observations supporting these determinations Stream A originates on site and flows southeast across the middle portion of the project area for approximately 354 linear feet Stream A Wetlands AA and BB (Figure 5) Stream characteristics of Stream A indicate that continuous flow is present for at least three months in atypical year Stream A was classified as a Relatively Permanent Water With seasonal flow (Seasonal RPW) according to USACE/EPA guidance Seasonal RPW Stream A exhibited weak bed and banks, weak flow, substrate consisting ofsand and small cobbles, and an average ordinary high water width of 2 to4 feet Biological sampling within Seasonal RPW Stream A revealed a weak presence of iron oxidizing bacteria and a weak presence of algae Seasonal RPW Stream A scored 20 5 out of a possible 63 points on the NCDWR Stream Classification Form and a 35 out -of a possible 100 points on the USACE Stream Quality Assessment Form, indicating intermittent status (SCPI, attached) Photograph A (attached) is representative of Intermittent Seasonal RPW Stream A Wetlands The USACE and the Environmental Protection Agency (EPA) define wetlands as "Those areas that are mundated,or saturated by surface or ground watef at a frequency and duration,sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in ' Classifications, of streams include Traditionally Navigable Waters (TNWs), Relatively Permanent Waters (RPWs), and Non - Relatively Permanent Waters (Non -RPWs) Subcategories of RPWs include perennial streams that typically have year- roundfow, and seasonal streams that have continuous flow at least seasonally Two classifications of jurisdictional wetlands are used to describe proximity and connection to TNWs These classificationsanclude either adjacent or directly abutting Adjacent wetlands are defined as wetlands within floodplams or in close proximity to a TNW but without a direct visible connection Abutting wetlands have a direct surface water connection traceable to a TNW Saddlebrook August 27, 2014 Nationwide Permit No. 29 and Request for Verification CWS 'Proiect No. 2013 -3232 saturated soil conditions "8 The USACE uses three parameters to identify jurisdictional wetlands These parameters areas follows 1) Hydrophytic Vegetation, 2) Wetland Hydrology,, and 3) H,ydric Soils Except in certain atypical situations, all three parameters must be present in order for an area to be determined to be a Jurisdictional wetland This section describes each.on -site junsdictional wetland and the field observations that led to their determinations Wetland AA`is approximately 0 48 acre in extent and is located directly abutting Intermittent RPW Stream A (Figure 5) The upper portion of Wetland AA is a forested wetland and exhibits low chroma soils (2 5Y 7/2), saturation within the upper 12 inches of the soil profile, oxidized rhizospheres on living roots, water - stained leaves, and wetland drainage patterns Dominant vegetation in this wetland includes red maple, slippery elm (Ulmus rubra), sea myrtle (Baccharis hahmifoha), greenbriar (Smilax rotundifolia), shallow sedge (Carex lurida), Japanese stilt,grass (Microstegium vimineum), and soft rush (Juncus, effusus) A Wetland Determination Data Form representative of the upper portion of Wetland AA is attached -as DP 1 (attached) Photograph B (attached) is representative of the forested portion of Wetland AA The lower portion of Wetland AA is an herbaceous, early successional wetland The early successional portion of Wetland AA is similar in composition to Wetland BB Wetland BB is approximately 0 039 acre in extent and is located along Intermittent RPW Stream A (Figure 5) Wetlands AA and BB exhibit low chroma soils (2 5Y 6/2), saturation within the upper 12 inches of the soil profile, oxidized rhizospheres on living roots, water'-stained leaves, and wetland drainage patterns Dominant vegetation in these wetlands includes saplings of sea myrtle, sweetgum, winged.elm, and black willow (Salix mgra) Herbaceous species include Japanese stilt grass, shallow sedge, soft rush, and wool grass (Scirpus cyperinus) A Wetland Determination Data Form representative of Wetland,BB and the herbaceous portion of Wetland AA is attached as DP (attached) Photographs ,C and Dare representative of the herbaceous, early successional portion of Wetland AA and Wetland,BB, respectively Agency Correspondence Cultural Resources A letter'was forwarded to the State Histonc Preservation Office (SHPO) on August 19, 2014 to determine the presence of any areas of architectural, historic, or archaeological significance that would be affected by the project As of the date of submittal, no response has been received from SHPO Protected Snecies A letter was forwarded to the North Carolina Natural Heritage Program ( NCNHP) on August 18, 2014 to determine the presence of any federally - listed, candidate, endangered, threatened species or critical habitat, located within the project area As of the date of submittal, no response has been received from NCNHP Purpose and Need for the Project The purpose,of the project is to develop approximately 35 acres of property into a residential subdivision consisting of 210 lots This project will provide single - family housing to meet the growth and demand of an,area of Cabarrus County that is experiencing significant population growth The proposed development will result in unavoidable•impacts to on -site jurisdictional waters "Environmental Laboratory 1987 "Corps of Engineers Wetlands Delineation Manual"-, Tecluucal'Report,Y =87 -1, US Army Engineer WaterwayvExpenment Station, Vicksburg, Mississippi 4 Saddlebrook August 27, 2014 Nationwide Permit No. 29 -and Request for Verification CWS Proiect No 2013 -3232 Avoidance and Minimization The, Saddlebrook project has been designed to minimize necessary impacts to junsdictional waters of the U S wherever possible The original site plan proposed impacts to 0 519 acres of wetlands and 253 linear feet of stream channel (Figure 7, attached) The site plan has since been revised to reduce wetland impacts (Figure 8, attached) A single lot was eliminated in order to avoid impacts to forested portion of Wetland AA , Impacts to jurisdictional Waters include the partial fill of two wetland areas,and the partial fill of an mterniittent stream channel In areas where impacts to Jurisdictional waters are unavoidable, steps have been taken to minimize both the extent and severity of the. impacts Proper sedimenVand erosion control measures will be used to minimize disturbances to downstream waters All work will be constructed`m accordance with Water Quality Certification No 3890 Proposed Impacts °to Jurisdictional Waters Unavoidable impacts associated with the construction of the Saddlebrook project include filling of the wetland areas and stream channel for development Stream impacts are limited to 253 'linear feet (or 0 023 acres) Impacts to Wetland AA,and Wetland BB consist-of 0 421 acres 0 039 acres, respectively, with a total of approximately 0 46 acres Impacts to the jurisdictional waters of the U S are summarized in Table 2 Table 2. Proposed Impacts to Jurisdictional Waters of the U.S. at the Saddlebrook project site. ,On behalf of'Carolina Development Services, LLC, CWS' is submitting a Pre - Construction Notification Application with attachments in pursuant of Nationwide Permit No 29 and Water Quality Certification No 3890 Compensatory Mitigation Permanent impacts to jurisdictional waters of the U S have been limited to 253 linear feet of intermittent stream channel and 0 46 acre of permanent wetland impacts Due to the very low aquatic function of Seasonal RPW Stream A„ CWS believes that a 1 1 Mitigation ratio is appropriate, for the proposed stream impacts On -site wetlands are also highly disturbed;and display a lack of biological diversity, therefore compensatory mitigation for wetland impacts are also proposed at a 1 1 ratio Jurisdiction I ' I Total 'Impact Jurisdictional _� Impact _ Length Total Uiigih, Impact' Feature USACEXPA Intermittent/ Type (linear Area, (linear Area - Rapanos i Perennial ;feet) (acres) feet) (acres) t Classification Stream A Seasonal RPW Intermittent Fill 354 0 032 253 0 023 Stream Total: 2531f 0.023 ac. Wetland AA Directly Abutting RPW Fill N/A 048 N/A 0 421 Wetland BB Directly Abutting RPW Fill N/A 0 041 N/A 0 039 Wetland Total 0 46 ac. ,On behalf of'Carolina Development Services, LLC, CWS' is submitting a Pre - Construction Notification Application with attachments in pursuant of Nationwide Permit No 29 and Water Quality Certification No 3890 Compensatory Mitigation Permanent impacts to jurisdictional waters of the U S have been limited to 253 linear feet of intermittent stream channel and 0 46 acre of permanent wetland impacts Due to the very low aquatic function of Seasonal RPW Stream A„ CWS believes that a 1 1 Mitigation ratio is appropriate, for the proposed stream impacts On -site wetlands are also highly disturbed;and display a lack of biological diversity, therefore compensatory mitigation for wetland impacts are also proposed at a 1 1 ratio Saddlebrook August 27, 2014 Nationwide Permit No 29 and Request -for Verification CWS Protect No 2013 -3232 Proposed Stream Mitigation Due to the lack'of any mitigation banks within the 8 digit hydrologic unit code of the project, our client proposes to mitigate for unavoidable stream impacts by enhancing approximately 290 linear feet of perennial stream channel on an adjacent property (Figures 9 & 10, attached) Our client proposes to perform Enhancement Level II stream restoration (on -site and in -kind) through the use of bioengmeermg techniques to improve stream bank stability The existing channel is significantly degraded with active bank erosion in a number of locations Proposed enhancement actions include regrading the banks to a 2 1 slope where appropriate (large or mature trees will be avoided if`possible), matting the banks with coir fiber matting, planting livestakes, and installing fascmes where appropriate to provide additional bank toe protection Invasive plant species will also be removed from the riparian area Proposed Wetland Mitigation Our client proposes to mitigate for unavoidable wetland impacts through the conversion of an existing open water pond to a wetland Pond A is located on an adjacent property and is separated by a berm from an existing wetland area (Figures 9 and 10, attached) Pond A is dominated by fragrant waterlily (Nymphaea odorata) which is forming a monoculture The existing berm will be removed to make the pond area contiguous with the wetland The new wetland area will be graded to provide a variety of habitat niches and will be planted with appropriate native woody and herbaceous wetland plant species In addition, the adjacent existing wetland will be treated for invasive species including Ludwigia grandiflora Photopage 2 documents the existing condition of this pond and adjacent wetlands Table 3 summarizes the proposed mitigation for this project Table 3. Proposed Mitigation Proposed Length (LF) Area (Acre) Mrtigahon Stream 260 Enhancement Pond Conversion to - 028 Wetland Wetland Creation (Berm 0 12 Removal) Wetland 044 Enhancement TOTAL 290 Lmear4eet 0 84 acre 0 Saddlebrook August 27, 2014 Nationwide Permit No. 29 and Request for Verfficahon CWS Project No. 2013 -3232 Mitigation Monrtorm The proposed enhancement of Perennial Stream B will be monitored for a period of five years from the completion of the mitigation work The purpose of this monitoring is to ensure the success of the proposed mitigation and to enable remedial action to be undertaken in a timely fashion as necessary This includes vegetation survival monitoring for at least five years of monitoring (unless approved otherwise) After completion of the mitigation work, annual reports will be sent to the USACE and NCDWQ following the completion of each annual monitoring event The monitoring events will be conducted at the same time of year during mid - growing season The report will include photographs, vegetation survival counts, and a narrative describing current site conditions Photographs will be taken from no fewer than three established monitoring positions The, exact locations will be determined, marked with a "stake, and recorded with a GPS receiver,m the field during the first monitoring ,event and used in each of the following monitoring events- Vegetation survival counts will be collected from established plots the proposed wetland enhancement area The plot locations have been randomly determined in the office using GIS- The total area of plots is equal to 5% of the specific restoration site Within these vegetation plots, all vegetation will be counted, identified to the species level; and assigned a classification of "Planted" or "Volunteer" indicating its source The success criteria set for this project is a planted vegetation survival rate of 85% If the survival rate drops to below 85% during the momtoring,penod, CWS will conduct remedial plantings to meet the 85% threshold Saddlebrook August 27, 2014 Nationwide Permit No 29 and Request for Verification CWS Proiect No 2013 -3232 Please do not hesitate to contact Tom Blackwell at 704 -527 -1177 or tom @cws -inc net should you have any questions or comments regarding these findings Sincerely, Thomas J Blackwell, PWS Erin Bradshaw Settevendemio Senior Scientist Project Wetland Scientist I Attachments Figure 1 Figure 2 Figure 3 Figure 4 Figure 5 Figure 6 Figure 7 Figure 8 Figure 9 Figure 10 USGS Site Location Map Aerial Imagery Site Location Map Current NRCS -USDA Cabarrus County Soil Survey Historic NRCS -USDA Cabarrus County, Soil Survey Jun'sdictional' Bouridary Topographic Map Project Area UT Flow to Muddy Creek Original Proposed Site Plan Impacts Revised Proposed Site Plan Impacts Mitigation Location Map Proposed Mitigation Agent Authorization Form Pre - Construction Notification Pursuant to Nationwide Permit No 29 NCDWR Stream Classification Fofms,(SCPI) USACE Stream Quality Assessment Worksheets (SCP1) Routine Wetland Determination Data Forms (DPI- DP3) Preliminary Jurisdictional Determination Forms Agency Correspondence Photopage 1 Photopage 2 cc Mr Bryan Tompkins, U S Fish & Wildlife Service Mr Scott Twiddy, Carolina Development Services; LLC JI Highway 24/27 I` f H �G! f !u: f`' a .• 1 M . :� ell- BPI, & chef .�' � - �� . � r T ➢ } ' •o ` N2 US 601 _ r . • , � / —_ '� \``. _r ••r � \� / \ \\ ,r��% 'tom Bethel School Road Midland of Corn d e Y ` (• ' •'y r 111d 2,000 1,000 0 2,000 Feet t I • ' l r r' Legend REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE, MIDLAND, NC, DATED 1996. {' .1 �� \ Project Limits SCALE: 11 1 DATE: FIGURE NO. I 1 2000 8/18/14 USGS Site Location Map CWSPROJECTNO: DRAWN BY: ELBS Saddlebrook Site Ct�— 2013 -3232 1 Midland, North Carolina APPLICANT NO: CHECKED BY: CWS Project No. 2013 -3232 WWW.CWS- INC.NET TJB GoC ,KkB/ MsA KkB MsA � GoC Ch El B ' MSA m 1 BaB KkB C `rte 24 24 KkB. BaB 27 <b 27 Bad MsA K k8 `r Highway 24/27/ KkB H e8 KkB f 6Q2 K. k8 TaB t Ch B aB ,� ' GoC BaB + TaB \ KkB MsA BaB US 601 Cao f- a!- 120 to , J. B a13 r MsA r Bab u, w w B an B ' Bethel School Road KkB MsA f� BaB Legend ------ Project Limits 1.000 500 0 1,000 Feet �---� Soil - Description REFERENCE. HISTORIC NRCS-U SDA SOIL SURVEY OF CABAR RUS ��' f� -1 KkB - Kirksey silt loam, 1 -6% slopes COUNTY, NC, SHEETS 5, 6, 7, AND 8, DATED 1976 A MsA - Misenheimer channery silt loam, 04% slopes f,�ts FIGURE NO. Historic MRCS- USDA Soil Survey! SCALE 1" : 1000' DATE 8/18/14 of Cabarrus County CWS PROJECT NO DRAWN BY Saddlebrook Site C��J Cws 2013 -3232 ELBS 4 Midland, North Carolina APPLICANT NO CHECKED BY CWS Project No. 2013-3232 WWW.CWS- INC.NET TJB % J 1 . •N Bethel School Road ~' l�i f 4 .R, f ''� '• • �`�''^,�, US 601 J 1 Muddy Creek t Midland Legend Project Limits Seasonal RPW within project boundary 1,000 500 0 1,000 Feet Wetlands within project boundary REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE, MIDLAND, NC, DATED 7996. l UT to Muddy Creek FIGURE NO. Project Area UT Flow SCALE: 1" : 1000' DATE. 8/18/14 to Muddy Creek CWS PROJECT NO: DRAWN BY Saddlebrook Site Ct�) CWS 2013 -3232 ELBS 6 Midland, North Carolina APPLICANT NO CHECKED BY: CWS Project No. 2013 -3232 WWW.CWS- INC.NET I TJB Stream Enhancement Approx. 290 If Wetland Enhancement Approx. 0.44 acre Ilk �i w � ' r F' A 71. J- 7 100 0 100 Feet 50 REFERENCE: AERIAL IMAGERY BY NC ONE MAP, DATED 2010. FIGURE NO. Proposed Mitigation 10 Saddlebrook Site Midland, North Carolina CWS Project No. 2013 -3232 y 1 t I f Wetland Creation Approx. 0.12 acre I- Pond Converstion Approx. 0.28 acre Legend Proposed Stream Enhancement r Wetland Creation (0.12 acre) p _ Pond Conversion (0.28 acre) Wetland Enhancement (0.44 acre) LIM SCALE: 1" . 100' DATE 8/26/14 o.o CWS PROJECT NO DRAWN BY: 2013 -3232 ELBS APPLICANT NO: CHECKED BY: TJ B WWW.CWS- INC.NET AGENT CERTIFICATION OF AUTHORIZATION I, Scott Twiddy, representing Carolina Development Solutions, LLC, hereby certify that I have authorized Gregg C. Antemann and Carolina Wetland Services, Inc. to act on my behalf and take all actions necessary to the processing, issuance, and acceptance of this request for wetlands determination / permitting and any and all standard and' special conditions attached. We hereby certify that the above information submitted in this application is true and accurate to the best of our knowledge. a -znwL Applicant's signature Date Aza c- A -- Agent's signature 03/14'/13 Date Completion of this form will allow the agent to sign all future application correspondence. 2 0 1 4 0 9 4 9 OF WA7F9 $ PAI o pG Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page l of 11 PCN Form — Version 1.3 December 10, 2008 Version Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ®section 404 Permit ❑Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 29 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 1e. 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 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h 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: Saddlebrook 2b. County: Cabarrus 2c. Nearest municipality / town: Midland 2d. Subdivision name: Saddlebrook 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Carolina Developmonet Services, LLC 3b. Deed Book and Page No. 09239 -0335 3c. Responsible Party (for LLC if applicable): Mr. Scott Twiddy 3d. Street address: 2649 Breckonridge Center Drive 3e. City, state, zip: Monroe, NC 28110 3f. Telephone no.: 803 - 389 -3387 3g. Fax no.: 3h. Email address: stwiddy.cds @gmail.com Page l of 11 PCN Form — Version 1.3 December 10, 2008 Version 4 Applicant Information (if different from owner) 4a Applicant is ®,Agent ❑ Other„ specify 4b Name Mr Andrew McCoy 4'c Business name (if applicable) John Wieland Homes 4d Street address 8325 -D Arrow ridge Blvd 4e City, state, zip Charlotte, NC 28273 4f Telephone no (704) 522 -9200 - 4g Fax no 4h Email address ,5 Agent/Consultant Information (if applicable) 5a Name Thomas Blackwell, PWS 5b Business name (if applicable) Carolina Wetland Services, Inc 5c Street,address 550 E Westinghouse Blvd 5d City, state, zip Charlotte, NC 28273 5e Telephone no 704 - 527 -1177 5f Fax no 704- 527 -1133 5g Email address tom @cws -inc net Page 2 of 11 PCN Form — Version 1 3 December 10, 2008 Version B. Project Information and Prior Project History 1 Property Identification 1a Property identification no (tax PIN or parcel ID) 55449761150000 Latitude 34 977757 Longitude 1b Site coordinates,(in decimal degrees) 80 772892 (DD,DDDDDD) ( -DD DDDDDD) 1c Property size 34 8 acres 2. Surface Waters 2a Name of nearest body of water (stream, river, etc ) to Unnamed tributary to Muddy Creek proposed project 2b Water,Quality Classification of nearest receiving water, Class C 2c River basin Yadkin (HU# 03040105 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 Saddlebrook site is approximately 35 acres in extent and is located east of the end of Pine Hill Road, south of Pelham Lane, and west of U S 601 in Midland, North Carolina The site consists of a clear -cut tract with wooded margins Typical on -site vegetation includes saplings of red maple (Acer rubrum), sweetgum (Liquidambar styraciflua), winged elm (Ulmus alata), and loblolly pine (Pinus taeda) Herbaceous species'mclude little blue stem ('Andropogon virginicus), Japanese honeysuckle (Lonicera japonica), and sawtooth blackberry (Rubus argutus) On -site sods consist of Kirksey silt loam 1 to 6 percent slopes (KkB) and Misenheimer channery silt loam, 0 to 4 percent slopes (MsA, Soil Survey oPCabarrus County, Figures 3 and 4, attached) Both of'thwsoils located in the protect area moderately well - drained soils Neither of the on -site soils are listed as hydnc on the North Carolina Hydnc Sods List for Cabarrus County or on the National Hydnc Soils List 3b Listihe total estimated acreage of all existing wetlands on the property 0 521 acres of wetlands 3c List,the,total estimated linear feet of all existing streams (intermittent and perennial) on the property 354 linear feet of streams 3d Explain the purpose of the proposed project The purpose of the project is to develop approximately 35 acres of property into a residential subdivision consisting of'210 lots This project will provide single - family housing to meet the growth and demand of an area of Cabarrus County that is experiencing significant population growth The proposed development will result in unavoidable,impacts to on -site jurisdictional waters 3e Describe the overall project'in detail, including the type of equipment to be used' The Saddlebrook project has been designed to minimize necessary impacts to jurisdictional waters of the U S wherever possible, however impacts to jurisdictional waters include the partial fill of two wetland,areas and the partial fill of an intermittent stream channel In areas where impacts to jurisdictional waters are unavoidable, steps have been taken to minimize both the extent and severity of the impacts Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters A trackhoe and typical construction equipment will be used in the progress of this development project All work will be in accordance with Water Quality Certification No 3890 Page 3 of 11 PCN Form — Version 1 3 December 10, 2008 Version 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 ? Comments El Yes E-1 No El Unknown 4b If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑ Final 4c If yes, who delineated the jurisdictional areas? Name (if known) Agency /Consultant Company Other 4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation 5 Project History 5a Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ® No ❑ Unknown 5b If yes, explain in detail according to "help file" instructions 6 Future Project Plans 6a Is this a phased project? ❑ Yes ❑ No 6b If yes, explain Page 4 df 11 PCN Form — Version 1 3 December 10, 2008 Version C Proposed Impacts Inventory 1 Impacts Summary la Which sections were completed below for your project (check all that apply) ® Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2 Wetland Impacts If there.are wetland impacts proposed on'the site, then complete this question for each wetland area impacted 2a 2b 2c 2d '2e 2f Wetland impact Type of jurisdiction number — Type of'impact Type of wetland Forested (Corps - 404, 10 Area ofimpact Permanent (P) or (if known) DWQ — non -404, other) (acres) Tem ora T W1 ®P ❑ T Fill PFO1 ® Yes ❑ No ® Corps E] DWQ 0 421 W2 []PMT Fill PSS1 ❑ Yes ® No ® Corps ❑ DWQ 0 039 W3 [-]PMT ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑'T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 046 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- i (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT) others) (feet) feet) S1 ® P ❑ T Fill UT to Muddy River ❑ PER ® INT ® Corps ❑ DW_ Q 4' 253 S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ D,WQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑'PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h Total stream,and tributary impacts 253 31 Comments Permanent Impacts to Perennial Streams total 300 If (0 005 acre) Page 5 of 11 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 ❑ PEI 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 51 ,Expected pond surface area (acres) 51 Size of pond watershed (acres) 5k Method of construction 6 Bufferimpacts (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 ❑ Tar - Pamlico ❑ 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 _ B1 ❑ PE] T —required El Yes ❑ No B2 ❑P ❑T El Yes ❑ No - B3 ❑ P ❑ T ❑ Yes ❑ No 6h Total buffer impacts 61 Comments- Page 6 of 11 PCN Form — Version 1 3 December 10, 2008 Version 5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan Permanent'impacts to jurisdictional waters of the U S have been limited to 253 linear feet of intermittent stream channel and 0 46 acre of permanent wetland impacts Due to the very'low aquatic function of Seasonal RPW Stream A, CWS believes that a 1 1 Mitigation ratio is appropriate for the proposed stream impacts On -site wetlands are also highly disturbed and display a lack of biological' diversity, therefore compensatory mitigation for wetland impacts are also proposed at a 1 1 ratio Proposed Stream Mitigation Due to the lack,of any mitigation banks within the 8 digit hydrologic unit code of the project, our client proposes to mitigate for unavoidable stream impacts by enhancing approximately 290 linear feet of perennial stream channel on an adjacent property (Figures 9 & 10, attached) Our client proposes to perform Enhancement Level II stream restoration through the use of bioengineering techniques to improve stream bank stability The,existing channel is significantly degraded with active bank erosion in a number of locations Proposed enhancement actions include regrading the banks to a 2 -1 slope where appropriate (large or mature trees will be avoided if possible), matting the banks,with coir fiber matting, planting livestakes, and installing fascines where,appropriate to provide additional bank toe protection Invasive plant species will also be removed from the riparian area Proposed Wetland Mitigation Our clienfproposes to mitigate for unavoidable wetland impacts through the,conversion of an existing open water pond,to a wetland Pond A is located on an adjacent property and is separated by a berm from an existing wetland area (Figures 9 and 10, attached) Pond A is dominated by fragrant waterldy (Nymphaea odorata) which is forming a, monoculture The existing berm will be removed to make the pond area contiguous with the wetland Clean fill material will be placed in the pond bed to create a habitat suitable for wetland plants The new wetland area will be graded to provide a variety of habitat-niches and will be planted with appropriate native woody and herbaceous wetland plant species In addition, the adjacent existing wetland will be`treated for invasive species including Ludwigia gmndiflora Photopage 2 documents the existing condition of this pond and adjacent wetlands Wetland mitigation will total 0 84 acre 6 Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ® No buffer mitigation9 6b If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the amount of mitigation required 6c 6d 6e Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1 5 6f Total buffer mitigation required 6g If buffer mitigation is required, discuss what type of mitigation is proposed (e g , payment to private mitigation bank, permittee responsiblerripanan buffer restoration, payment into an approved in -lieu fee fund) 6h Comments Page 8 of 11 PCN Form — Version 1 3 December 10, 2008 Version 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 Saddlebrook project has been designed to minimize necessary,impacts,to jurisdictional wafers of the U S wherever possible The original site plan proposed impacts to 0 519 acres of wetlands and 253 linear feet of stream channel (Figure 7, attached) The site plan hasisince`been revised to reduce ,those figures (Figure 8, attached) Impacts to jurisdictional waters include the partial fill of two wetland areas and the partial fill of an intermittent stream channel In,areas Where impacts to jurisdictional waters,are unavoidable, -steps have been taken to minimize both the extent and severity of the impacts Unavoidable impacts associated with the construction of the Saddlebrook project include filling of the wetland areas and stream channel for development Stream impacts are limited to 253 linear feet (or 0 023 acres) Impacts to Wetland AA and Wetland BB consist,of 0 421 acres 0 039 acres, respectively, with a total of approximately 0 46 acres 1 b Specifically describe measures taken to avoid or minimize the proposed impactslfhrough construction techniques Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters All work will be constructed'in accordance with Water Quality Certification No 3890 2. Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State 2a Does the project require Compensatory Mitigation for ® Yes ❑ No impacts to Waters of the U S or Waters of the State? 2b If yes, mitigation is required by'(check all that apply) ® DWQ ® Corps ❑ Mitigation bank 2c If yes, which mitigation option will be used for this E] Payment to in-lieu fee program projects ® Permittee Responsible Mitigation 3. Complete if Using a 'Mitigation Bank 30 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 lineaffeet 4c If using stream mitigation, stream temperature ❑ warm ❑ cool ❑cold 4d Buffer mitigation requested (DWQ only) square feet Ae 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 Page 7 of 11 PCN Form — Version 1 3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1 Diffuse Flow Plan 1 a Does the project include or is it adjacent ^to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? lb If yes, then is a diffuse flow plan included? If no, explain why ❑ Yes ❑ No Comments 2 Stormwater Management Plan 2a What is the overall percent imperviousness of this project? >24 %'% 2b Does this prolect,require a Stormwater Management Plan? ® Yes ❑ No 2c If °this project DOES NOT requwre,a;Stormwater Management Plan, explain why 2d If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan ❑ 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? Cabarrus County ❑ Phase II 3b Which of the following locally - implemented stormwater management programs ❑ NSW El 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 Plan with proof of approval been attached? ❑ Yes ® No 5. DWQ 401 Unit Stormwater Review 5a Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9 of 11 PCN Forme— Version 1 3 December 10, 2008 Version F. Supplementary Information 1 , Environmental Documentation (DWQ Requirement) 1a Does the project mvolve,.an expenditure of public (federal /state /local) funds or the ❑ Yes ® No use of public (federal /state) land? 1b If you answered "yes" to'the above; does,the project require, preparation of,an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or,SEPA final approval, ❑ Yes ❑ No letter ) Comments 2 Violations (DWQ Requirement) 2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B 0200)? 2b Is this an after - the -fact permit application? ❑ 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 The project will not result in additional future development This is a stand alone development 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 11 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? E] 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? A letter was forwarded to`the North Carolina Natural Heritage Program (NCNHP) on August 18, 2014 to determine the presence of'any federally - listed, candidate endangered, threatened species or critical habitat located within the project area As of the date of submittal, no response has been received from NCNHP 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? NOAA Fishenes http / /www'habitat noaa gov /protection /efh /efhmapper /index html 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 yoursite would impact historic or archeological resources? A letter was forwarded to the State Historic Preservation Office (SHP(:) on August 19, 2014 to determine the presence of any areas of architectural, historic, or archaeological significance that would be affected by the project As of the date of submittal, no response has been received from SHPO 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 8c What'source(s) did,youl use to make the floodplain determination? FEMA FIRM No 3710555400J and 371,0554400J Mr Thomas Blackwell, PWS 08/21/2014 Applicant/Agent's Printed °Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the,applicant is provided Page l 1 of 11 PCN Form — Version 1 3 December 10, 2008 Version NC IDWO Stream Identification Form Version 4.11 Date: '0i � 2 S (s^ -rqq Project/Site �',� Latitude X13 Evaluator: V 1bow L d4vi county- � �C Longitude 6ef Total Points: ' 2 � r � Stream is at least intermittent m Strea Determination (circle one) Ephemeral ermitten Perennial Other i e g Quad Name if? 19 or perennial if?-- 30* 2 Sinuosity of channel along thalweg 0 A Geomorphology (Subtotal = _r J Absent Weak Moderate 'Strong 18 Continuity of channel bed and bank 0 1 2 3 2 Sinuosity of channel along thalweg 0 M 2 3 3 In- channel structure ex riffle -pool, step -pool, n 'le- ool sequence 0 CJ 2 3 4 Particle size of stream substrate 0 1 2 3 5 Active /relict floodplain 0 1 2 3 6 Depositional bars or benches '0 1 2 3 7 Recent alluvial deposits 0 1 2 3 8 Headcuts 15 1 2 3 9 Grade control 0 0 1 1 5 10 Natural valley 0 0 1 15 11 Second,or greater order channel No(= 0 Yes =•3 artificial ditches are not rated, see discussions in manual B Hydrology (Subtotal =} 12 Presence of {Baseflow 01 2 2 3 13 Iron oxidizing bacteria 0 1 2 3 14 Leaf litter 1 5 C 05 0 15 Sediment on plants or debris 0 0 5 1 15 16 Organic,debris lines or piles 0 1 0,5 3 15 17 Sod -based evidence of high water tables No = 0 - Yes 3 G Biology (Subtotal= 18 Fibrous roots in streambed 3 2 1 0 19 Rooted upland plants in streambed 2 1 0 20 Macrobenthos (note diversity and abundance) t j 1 2 3 21 Aquatic Mollusks 0) 1 2 3 22 Fish 05 1 1� 5 23 Crayfish (0 05 1 is 24 Amphibians 0 0�' 1 15 25 Algae 0 0 5- 1, 1 5 26 Wetland plants in streambed FACW =_0 75, OBL = 15 Other = 0 `perennial reams may also.be identified using other methods See p 35 of manual Notes Sketch OFFICE USE ONLY: USACE AID# DWQ # SCP1 — Intermittent RPW Stream A M STREAM QUALITY ASSESSMENT WORKSHEET T 1. Applicant's Name: Carolina Development Services, LLC 2. Evaluator's Name: Kelly Thames, WPIT and Logan Hardin 3. Date of Evaluation: 01/28/14 4. Time of Evaluation: 2:30p 5. Name of Stream: Intermittent RPW Stream A 6. River Basin: Yadkin (HU# 03040105) 7. Approximate Drainage Area: approx. 63 acres 8. Stream Order: 1'` 9. Length of Reach Evaluated: 1001f 10. County: Cabarrus 11. Location of reach under evaluation (include nearby roads and landmarks): located east of the end of Hill Pine Road, south of Pelham Lane and west of US 601 in Midland, North Carolina 12. Site Coordinates (if known): N35.243974% W80.509093' 13. Proposed Channel Work (if any): n/a 14. Recent Weather Conditions: cold, clear, 30 -40s 15. Site conditions at time of visit: low 30s, clear and overcast 16. Identify any special waterway classifications known: _Trout Waters _Outstanding Resource Waters 17. Is there a pond or lake located upstream of the evaluati 18. Does channel appear on USGS quad map? YE NO _Section 10 _Tidal Waters _Essential Fisheries Habitat Nutrient Sensitive Waters _Water Supply Watershed (I -IV) an point? YE NO If yes, estimate the water surface area: 0.5 acre 19. Does channel appear on USDA Soil Survey? YE<N 20. Estimated Watershed Land Use: 20 % Residential _% Commercial _% Industrial _% Agricultural 60 % Forested 20% Cleared / Logged _% Other ( 21. Bankfull Width: 2'- 4' 22. Bank Height (from bed to top of bank): 1'-2' 23. Channel slope down center of stream: _Flat (0 to 2 %) x 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): 35 Comments: Evaluator's Signature L1' "VV+ /ba/ ' ``"& Date 01/28/2014 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 — Intermittent RPW Stream A * 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 2 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 oints 3 Riparian zone 0-6 0-4 0-5 0 no buffer = 0• contiguous, wide buffer = max points) Evidence of nutrient or chemical discharges 0-5 0-4 0-4 2 4 extensive discharges = 0; no discharges = max points) 5 Groundwater discharge 0-3 0-4 0-4 3 Uno discharge = 0; springs, see s, wetlands, etc. = max oints 6 Presence of adjacent floodplain 0-4 0 - 4 0-2 1 )� no floodplain = 0; extensive floodplain = max points) 0. 2 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 2 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 2 extensive deposition= 0; little or no sediment = max points) 1 1 Size & diversity of channel bed substrate NA* 0 — 4 0 — 5 1 1 fine, homogenous = 0; large, diverse sizes = max points) Evidence of channel incision or widening 0-5 0 4 0-5 3 �. 12 (deeply incised = 0; stable bed & banks = max points) - F" 13 Presence of major bank failures 0-5 0 - 5 0-5 3 severe erosion = 0; no erosion, stable banks = max points) QRoot 14 depth and density on banks 0-3 0 - 4 0-5 2 E- no visible roots = 0; dense roots throughout = max points) Un Impact by agriculture or livestock production 0 0 0 2 15 substantial impact =0; no evidence = max points) -5 -4 -5 Presence of riffle - pool/ripple -pool complexes 0-3 0-5 0-6 1 16 no riffles/ripples or pools = 0; well-developed = max points) Q 17 Habitat complexity 0-6 0-6 0-6 2 F little or no habitat = 0; frequent, varied habitats = max points) 0� 18 Canopy Canopy coverage over streambed 0-5 0 — 5 0-5 0 Q shading vegetation = 0; continuous canopy = max points) 19 Substrate embeddedness NA* 0-4 0-4 2 (deeply embedded = 0; loose structure = max 20 Presence of stream invertebrates 0-4 0 - 5 1 no evidence = 0; common, numerous types = max points) 21 Presence of amphibians 0-4 0-4 0-4 1 O no evidence = 0; common, numerous types = max points) 22 Presence of fish 0-4 0 - 4 0-4 0 no evidence = 0• common, numerous types = max points) "r23 23 of wildlife use 0 -6 0 -5 0 -5 2 no evidence = 0; abundant evidence = max point s Total Points Possible 100 100 100 TOTAL SCORE (also enter on first page) 35 * These characteristics are not assessed in coastal streams. WETLAND DETERMINATION DATA FORM - Eastern,Mountains and Piedmont Region Project/Site Saddlebrook City/County Cabarrus Sampling Date 01/29/14 Applicant/Owner Carolina Development Services, LLC State 'NC Sampling Point DP1 - Wet,AA Investigator(s) Kelly Thames, WPIT and Logan Hardin Section, Township, Range Midland Landform (hillslope, terrace, etc) depression Local relief (concave, convex, none) concave Slope ( %) 0 -2 Subregion (LRR or MLRA) MLRA Lat- N35 243974° Long W80 509093° Datum NAD83 Sod Map Unit Name Misenheimer channery silt loam, 04% slopes (MsA) NWI Classification Are climatic/hydrologic conditions of the site typical for this time of the year? Yes X No (If no, explain in remarks) Are vegetation sod Are vegetation sod SUMMARY OF FINDINGS or hydrology significantly disturbed? Are "normal Yes or hydrology naturally problematic? circumstances" present? (If needed, explain any answers in remarks) Hydrophytic vegetation present? Yes Hydnc,soil present? Yes Wetland hydrology present? Yes Is the sampled area within a wetland? Yes Data point is representative of a jurisdictional wetland area This data point is representative of the upper portion of Wetland AA k HYDROLOGY Wetland Hydrology Indicators Secondary Indicators (minimum of two required) Pnmary Indicators (minimum of one is required, check all that apply) _Surface Sod Cracks (136) X Surface Water (Al) True=Aquahc�Plants (B14) _Sparsely Vegetated Concave Surface (138) X High Water Table (A2) —Hydrogen Sulfide Odor (Cl) X Drainage Patterns (1310) X Saturation (A3) Oxidized Rhizospheres on Living —Moss Trim Lines (B16) Water Marks (1311) X Roots (03) _ Dry- Season Water Table (C2) Sediment, Deposits (B2) _Presence of Reduced Iron (C4) X Crayfish Burrows (C8) Drift Deposits (63) Recent Iron Reduction in Tilled Visible on Aerial Imagery (C9) Algal Mat or Crust (134) —Soils (C6) _Saturation _ Stunted or Stressed Plants (D4 ) Iron Deposits (135) _Thin Muck Surface (C7) _Geomorphic Position (D2) Inundation Visible on Aerial _Other (Explain in Remarks) — Shallow Aqudard (D3) Imagery (137) Microtopographic Relief'(D4)- X Water - Stained Leaves (139) _ FAC- Neutral Test (D5) ,Aquatic Fauna (1313) Field Observations Surface water present? _ Yes X No Depth (inches) 0" - 2" Wetland Water table present? Yes X No Depth (inches) 0" hydrology Saturation present? Yes X No Depth (inches) 0" present? Y (includes capillary fringe)' Describe recorded data (stream gauge, monitoring well, `aerial photos, previous inspections), if available Remarks Indicators of wetland hydrolgy are present US Army Corps of Engineers Eastern Mountains and Piedmont Region a vttxt I A 1 FUN - use scientific names OT plants sampung roint urf - vvet AA 50/20 Thresholds Tree Stratum Plot Size ( 30 ft ) Absolute Dominant Indicator 20% 50% Cover Species Status Tree Stratum 7 18 1 Acer- rubrum 25 Y FAC Sapling /Shrub Stratum 9 23 2 Ulmus rubra 10 Y FAC Herb Stratum 19 48 3 _ _ Woody Vine Stratum 0 0 4 _ 5 _ Dominance Test Worksheet 6 Number of Dominant 7 Species that are OBL, 8 FACW, or FAC 8 (A) 19 Total Number of Dominant 10 Species Across all "Strata 8 (B) 35 = Total Cover Percent of Dominant Species that are OBL, Sapling /Shrub Plot Size ( 15 ft ) Absolute Dominant ,Indicator FACW, or FAC 10000% (A/B) Stratum _ % Cover Species Status 1 Acerrubrum 20 Y FAC Prevalence Index Worksheet 2 Bacchans hahmifolia 15 Y FACW Total % Cover of 3 Ulmus rubra 5 N FAC OBL species 0 x 1= 0 4 Fraxinusipennsylvanica 5 N FACW FACW'species 60 x2= 120 5 _ FAC,species 115 x'3= 345 6 FACU species 0 x4= 0 7 UPL species 0 x 5= 0 8 Column totals 175 (A) 465 (B) 9 Prevalence Index = B/A = 266 10 45 = Total Cover Hydrophytic Vegetation Indicators Herb'Stratum Plot Size ( 5 ft ) Absolute Dominant Indicator _ Rapid test for hydrophyt`c vegetation % Cover Species Status X Dominance test is >50% 1 Microstegium vimineum 25 Y FAC X Prevalence index is 53 0' 2 Carex lunda 20 Y FACW Morphological adaptations' (provide 3 Juncus effusus 20 Y FACW supporting data in Remarks,or on a 4 Smilax rotundifoha 20_ Y FAC separate, sheet) 5 Lonicera/aponica 10 N FAC Problematic hydrophytic,vegetation' 6 _ _ (explain) 7 — Indicators of hydnc sod and wetland hydrology,must be 8 present unless disturbed or problematic 9 _ 10 Definitions of Vegetation Strata 11 12 Tree - Woody plants 3,in (7 6 cm) or more in diameter at breast height (DBH) regardless of height 13 _ 14 _ Sapling /shrub- Woody plantsdess than 3 in DBH and 15 greater than 3 28 ft (1 m) tall 95 = Total Cover Herb - All herbaceous (non- woody) plants, regardless of Woody °Vine Absolute Dominant Indicator size and woody plants less than 3'28 ft tall Plot Size ( 30 ft ) Striatum % Cover Species Status Woody vines- All woody vines greater than 3 28 ft in 1 height 2 _ 3 4 Hydrophytic 5 vegetation 0 = Total Cover present? Y Remarks (Include photo numbers here or on a separate sheet) US Army Corps of Engineers 100% of the dominant vegetation Is,FAC or wetter I Eastern Mountains and Piedmont Region SOIL Sampling Point DP1 - Wet AA Profile Description (Describe to the depth needed to document the indicator or confirm the absence of indicators ) Depth (Inches) Matrix Color (moist) % Redox Features Color (moist) % Type* Loc ** Texture Remarks 0 -5 2 5Y 6/2 80 7 5YR 6/8 20 silt clay loam 6 -20 2 5Y 7/2 70 10YR 7/8 30 silt clay loam *Type C= Concentration, D= Depletion, RM= Reduced Matrix, CS= Covered or Coated Sand Grains * *Location PL =Pore Lining, M =Matrx Hydnc,Soil Indicators Indicators for Problematic Hydric Sods —Dark Surface (S7) Histisol (Al) Polyvalue Below'Surface (S8) 2 cm Muck (A10) (MLRA 147) Histic,Epipedon (A2) (MLRA 147, 148) _ Coast Prairie Redox (A16) (MLRA 147, 148) Black Histic (A3) Thin Dark Surface (S9) Piedmont Floodplain Sods (F19) Hydrogen Sulfide (A4) (MLRA 147, 148) _(MLRA 136, 147) Stratified Layers (A5) _Loamy Gleyed Matrix, (F2) _Very Shallow Dark Surface (TF12) 2 cm Muck (A10) (LRR N) X Depleted "Matrix (F3) ,Other (Explain in Remarks) Depleted Below Dark,Surface (A11) Redox, Dark Surface, (F6) Thick Dark Surface�(Al2) _Depleted Dark Surface (F7) Sandy Mucky Mineral (S1) _ Redox Depressions (F8) (LRR N, MLRA 147, 148) _Iron- Manganese Masses (F12) (LRR N, MLRA 136) Sandy Gleyed Matrix (S4) _ Umbnc Surface (F13) (MLRA 136, 122) Sandy Redox (S5) Piedmont Floodplam Soils (F19) (MLRA 148) Stripped Matrix (S6) _ Red Parent Material (F21) (MLRA 127, 147) *Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic Restrictive Layer (if observed) Type Depth (inches) Hydnc sod present? Y Remarks Indicators of hydric sods are present US Army Corps of Engineers Eastern Mountains and Piedmont Region WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region Project/Site Saddlebrook City/County Cabarrus Sampling Date 01/29/14 Applicant/Owner Carolina Development Services, LLC State NC Sampling Point DP2 - Wet AA & BB Investigator(s) Kelly Thames, WPIT and Logan Hardin Section, Township, Range Midland Landform (hillslope, terrace, etc) hdlslope Local relief (concave, convex, none) concave Slope ( %) 0 -2 Subregion (LRR or MLRA) MLRA Lat N35243974* Long W80 509093° Datum NAD83 Sod Map Unit Name Misenheimer channery silt loam, 04% slopes (MsA) NWI Classification Are climatic /hydrologic conditions,of the site typical for this time of the year? Yes X No (If no, explain in remarks) Are vegetation sod or'hydrology significantly disturbed? Are "normal Yes Are vegetation sod or hydrology naturally problematic? circumstances" present? (If, needed, explain any answers in remarks) 5UMMAKY OF I-INUINU5 Hydrophytic vegetation present? Yes Hydnc sod present? Yes Is the sampled area within a wetland? Yes Wetland hydrology present? Yes Remarks Data point Is representative of a jurisdictional wetland area This data point is representative of the lower of Wetland AA and all of Wetland BB HYDROLOGY Wetland'Hydrology Indicators- Secondary Indicators (minimum of two'required) Primary Indicators (minimum of one is required, check all „that apply) _Surface,Sod,Cracks (136) X Surface,Water (A1`) True,Aquatic Plants (1314) _Sparsely Vegetated Concave Surface'(138) X High Water Table (A2) _Hydrogen Sulfide Odor (Cl) X Drainage Patterns (B10) X Saturation (A3) Oxidized Rhizospheres on,Lrving _ Moss Trim Lines (B16) Water Marks (131) X Roots (C3) _ Dry- Season Water Table (C2) Sediment Deposits (132) —Presence of Reduced Iron (C4) X Crayfish Burrows (C8) Drift Deposits (133) Recent Iron Reduction in Tilled _Saturation Visible on Aerial Imagery _ (C9) Algal Mat'or,Crust (134) _Sods (C6) _Stunted or Stressed Plants (D1) Iron Deposits (135) _Thin Muck Surface (C7) _Geomorphic Position (D2) Inundation Visible on Aerial _Other (Explain in Remarks) _Shallow Aquitard (D3) Imagery (67) _ Microtopographic Relief (D4) X Water - Stained Leaves (139) _ FAC- Neutral Test (D5) Aquatic Fauna (1313) Field Observations Surface water present? Yes X No Depth (inches) 0” - 6" Wetland Water table present? Yes X No Depth (inches) 0" hydrology Saturation present? Yes X No Depth (inches) 0" present? Y_ (includewcapolary fringe) Describe recorded data (stream gauge, monitoring well, aerial photos, previous inspections), if available Remarks Indicators of wetland hydrolgy are present US Army Corps of Engineers Eastern Mountains and Piedmont Region 1 VtGt I All IUN -use scienwilamameS,Di Tree Stratum Plot Size ( 30 ft ) Absolute Dominant Indicator Cover Species Status 1 2 - 3 4 -- 5 6 7 20% 50% Absolute Dominant 8 Herb Stratum Plot Size( 5 ft ) 17 43 9 0 0 Dominance Test Worksheet Cover 10 Status 1 Microstegfum vimineum 20 0 = Total Cover 2 Sapling /Shrub Absolute, Dominant Indicator Plot Size ( 15 ft Stratum ) % Cover Species Status 1 Bacchans hahmfoha '25 Y FACW 2 Lfquidambar styraciflua 15 Y FAC 3 Salmnlgra 10 N OBL 4 Ulmus alata 2 N FACU 5 6 7 8 9 10 52 = Total Cover 7 8 9 10 11 12 13 14 15 85 = Total Cover Woody Vine Absolute Dominant Stratum Plot Size( 30 ft ) % Cover Species 1 2 3 4 5 Remarks (Include photo numbers,here or on a separate US Army Corps of Engineers 0 = Total Cover Indicator Status DP2 Wet AA &BB 20% 50% Absolute Dominant Indicator Herb Stratum Plot Size( 5 ft ) 17 43 Woody Vine Stratum 0 0 Dominance Test Worksheet Cover Species Status 1 Microstegfum vimineum 20 Y FAC 2 Carex,lunda 20 Y FACW 3 Juncus effusus 20 Y FACW 4 Scirpus cypennus 15 N FACW 5 Lonicera japonica 5 N FAC 6 Rubus argutus 5 N FACU 7 8 9 10 11 12 13 14 15 85 = Total Cover Woody Vine Absolute Dominant Stratum Plot Size( 30 ft ) % Cover Species 1 2 3 4 5 Remarks (Include photo numbers,here or on a separate US Army Corps of Engineers 0 = Total Cover Indicator Status DP2 Wet AA &BB Prevalence Index Worksheet 20% 50% Tree St DP2 - Wet BB 0 0 Sapling /Shrub Stratum 10 26 Herb Stratum 17 43 Woody Vine Stratum 0 0 Dominance Test Worksheet 80 Number of Dominant 160 Species that are OBL, 40_ FACW, or FAC 5 (A) Total Number of Dominant 7 Species Across all Strata 5 (B) Percent of Dominant 0 Species that are OBL, 0 FACW, or FAC 100 00 %1 (A/B) Prevalence Index Worksheet Total % Cover of OBL species 10 x 1 = 10 FACW species 80 x2= 160 FAC species 40_ x3= 120 FACU species 7 x4= 28 UPL species 0 x5= 0 Column totals 137 (A) 318 (B) Prevalence4ndex = B /A,= 232 Rapid test for hydrophytic vegetation X Dominance test Is >50% X Prevalence Index is <_3 0* Morphological adaptations' (provide supporting data in Remarks or on a _separate sheet) Problematic hydrophytic vegetation' —(explain) 'Indicators of hydnc soil and wetland hydrology must be present, unless disturbed or problematic Definitions of Vegetation Strata Tree - Woody plants,3 in (7 6 cm) or more in diameter at breast height (DBH), regardless of height Sapling /shrub - Woody plants less than'3 in DBH and greater than 3 28 ft (1 m) tall Herb - All herbaceous (non - woody) plants, regardless of size, and woody plants less than 3 28 ft tall Woody vines - All woody vines greater than 3 28 ft'in height Hydrophytic vegetation present? Y 100% of the dominant vegetation is FAC or Wetter Eastern Mountains and Piedmont Region 4 SOIL Sampling Point DP2 - Wet AA & BB Profile Description _(Describe to the depth needed to document the indicator or confirm the absence of indicators ) Depth (Inches) Matrix Color (moist) % Redox Features Color (moist) % Type* Loc" Texture Remarks 0 -4 2 5Y 6/2 90 7 5YR 5/6 10 silt clay loam 4 -10 2 5Y 6/2 70 7 5YR 5/6 30 silt clay loam 10 -20 2 5Y 711 60 10YR 5/6 40 clay loam *Type C= Concentration, D= Depletion, RM= Reduced Matrix, CS= Covered,or Coated Sand Grains *'Location PL =Pore Lining, M =Matrix Hydric Soil Indicators* Indicators for Problematic Hydric Soils Surface (S7) Histisol (All) —Dark Polyvalue Below Surface (S8) 2 cm Muck (A10) (li 147) ' Histic Epipedon (A2) (MLRA 147„ 148) Coast' Praine,Redoi� (Al 6)`(MLRA 147, 148) Black Histic (A3) Thin Dark Surface,(S9) Piedmont, Floodplam Soils (F19) Hydrogen Sulfide (A4) (MLRA 147„ 148) (MLRA 136, 147) Stratified Layers (A5) Loamy Gleyed Matrix (F2) —Very Shallow Dark Surface (TF12) 2 cm Muck (A10) (LRR N) X Depleted Matrix (F3) (Explain in Remarks) —Other Depleted Below bark Surface (A11) Redox Dark Surface (F6) Thick Dark Surface (Al2) —Depleted Dark Surface (F7) Sandy Mucky Mineral (S1) Redox Depressions (F8) (LRR N, MLRA 147, 148) _ Iron- Manganese Masses (F12) (LRR N, MLRA 136) Sandy Gleyed Matrix (S4) _ Umbric Surface (F13) (MLRA 136, 122) Sandy Redox (S5) _Piedmont Floodplain Soils (F19)'(MLRA 148) Stripped Matrix (S6) Red Parent Material (F21) (MLRA 127, 147) i *Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic Restrictive Layer (if „observed) Type Hydric soil present? Y Depth,(inches) Remarks Indicators of hydnc�soils are present US Army Corps of Engineers Eastern Mountains and Piedmont Region ti WETLAND'DETERMINATION' DATA FORM'- Eastern Mountains and Piedmont Region Project/Site Saddlebrook City /County Cabarrus Sampling Date 01/29/14 Applicant/Owner Carolina Development Services, LLC State NC Sampling Point DP3 - Upland Investigator(s) Kelly Thames, WPIT and Logan Hardin Section, Township, Range Midland Landform (hdlslope, terrace, etc ) _hdlslope Local relief (concave,, convex, none) none Slope ( %) 0 -2 Subregion (LRR or MLRA)- MLRA Lat N35 243974° Long W80 509093° Datum NAD83 Sod Map Unit Name Misenheimer channery silt loam, 04% slopes (MsA) NWI Classification Are climatic/hydrologic conditions of the site typical for this time of the year? Yes X No (If no, explain in remarks) Are vegetation sod or hydrology significantly disturbed? Are "normal Yes Are vegetation , sod or hydrology naturally problematic? circumstances" present? (If needed, explain any answers in remarks) SUMMARY OF FINDINGS Hydrophytic vegetation present? No Hydnc sod present? No Is the sampled area within a wetland? No Wetland hydrology present? No Remarks Data point is representative of a non- jurisdictional upland area r:l'l 13exelcia Wetland Hydrology Indicators Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required, check all that apply) _Surface Soil Cracks (136) Surface Water (A1) _True Aquatic Plants (1314) —Sparsely Vegetated Concave Surface (B8) High Water Table (A2) —Hydrogen Sulfide Odor (Cl) —Drainage Patterns (B10) Saturation (A3) Oxidized Rhizospheres on Living _ Moss Trim Lines (B16) Water Marks (131) _ Roots (C3) _ Dry- Season Water Table (C2) Sediment Deposits (B2) Presence,of Reduced Iron (C4) _Crayfish Burrows (C8) Drift Deposits (63) Recent Iron Reduction in Tilled Visible on Aerial Imagery (C9) Algal Mat or Crust (134) —Soils (C6) _Saturation _Stunted or Stressed Plants (D1) Iron Deposits (135) u _Thin Muck Surface (C7) _Geomorphic Position (D2) Inundation Visible on Aerial _Other (Explain,in Remarks) _Shallow Agwtard (D3) Imagery (B7) Microtopographic Relief (D4), Water - Stained Leaves (139) FAC'Neutral Test (D5) Aquatic Fauna (613) Field Observations Surface water present? Yes No X Depth (inches) Wetland Water table present? Yes No X Depth (inches) hydrology Saturation present? Yes No X Depth (inches) present? N (includes capillary fringe) Describe recorded data (stream gauge, monitoring well, aerial photos, previous inspections), if available Remarks There are no Indicators of wetland hydrolgy present US Army Corps of Engineers Eastern Mountains and Piedmont Region t 1 VtGt 1 A I IUN - Use scierltitic names OT plants Sampling Point DP3 - Upland 50/20 Thresholds Absolute Dominant Indicator 20% 50% Tree Stratum Plot Size ( 30 ft ) Cover Species Status Tree St DP2 - Wet BB 0 0 1 Sapling /Shrub Stratum 2 6 2 Herb Stratum 10 26 3 Woody Vine Stratum 0 0 4 5 Dominance Test,Worksheet 6 Number of,Dominant 7 Species that ar&OBL, 8 FACW, or FAC 1 (A) 9 Total Number of Dominant 10 Species Across all Strata 3 (B) 0 = Total Cover Percent of Dominant Species that are OBL, Sapling /Shrub Absolute Dominant Indicator FACW, or FAC 3333% (A/B) Plot Size ( Stratum 15 ft ) % Cover Species Status 1 Bacchans halimifoha _ 8 Y FACW Prevalence Index Worksheet 2 Ulmus alata 2 N FACU Total % Cover of 3 Lfgwdambar styraciflua 2 N FAC OBL species 0 x 1= 0 4 FAMspecies 8 x 2 = 16 5' FAC species 10 x3= 30 6 _ FACU species 45 x4= 180 7 _ UPL species 0 x 5= 0 8 _ _ Column totals 63 (A) 226 (B) 9 Prevalence Index-7 B/A = 359 10 12 = Total Cover Hydrophytic'Vegetation Indicators Herb'Stratum Plot Size ( 5 ft ) Absolute Dominant Indicator _ Rapid test for hydrophytic vegetation % Cover Species Status Dominance,test is >50% 1 Rubus argutus 20 Y FACU _ Prevalence index 1&:53-0* 2 Andropogon vtrgtmcus 15 Y FACU _ Morphological adaptations' (provide 3, Lonfcera lapornca' 8 N FAC supporting data in Remarks,or on a 4, Sohdago,altimma 8 N FACU sheet) 5 _separate Problematic hydrophytic vegetation' 6 (explain) 7 _ Indicators of hydnc soil and wetland hydrology must be 8 present, unless disturbed or problematic 9 10 Definitions of Vegetation Strata 11 12 Tree - Woody plants 3 in (7 6 cm) or more in diameter at breast height (DBH), regardless of height 13 14 _ _ Sapling /shrub - Woody'plants less than 3 in DBH and 15 greater than 3 28 ft (1 m) tall 51 = Total -Cover Herb - All herbaceous (non - woody) plants,'regardless of Woody Vine Absolute Dominant Indicator size and woody plants less than 3 28 ft tall Plot Size ( 30 ft ) Stratum %,Cover Species P Status Woody vines -All woody canes greater than 3 28 ft in 1 height 2 3 4 Hydrophytic 5 vegetation 0 = Total Cover present? N US Army Corps of Engineers or on a, Less than 50% of the dominant vegetation Is FAC or wetter Eastern Mountains and Piedmont, Region t- SOIL Sampling Point DP3 - Upland Profile Description (Describe to the depth needed to document the indicator or confirm the absence of indicators ) Depth (Inches) - Matnx Color (moist) % Redox Features Color (moist) % Type* Loc ** Texture Remarks 0 -2 2 5Y 5/4 100 loamy clay 2 -5 2 5Y 6/3 100 loamy clay 5 -20 5Y 7/3 70 2 5Y 7/8 30 loamy clay *Type C= Concentration, D= Depletion, RM= Reduced Matrix, CS= Covered or Coated Sand Grains * *Location PL =Pore Lining, M =Matnx Hydnc Soil Indicators Indicators for Problematic Hydric Soils Surface (S7) —Dark Histisol (Al) Polyvalue Below Surface (S8) 2 cm Muck (A10) (MLIZA 147) Histic Epipedon (A2) (MLRA 147, 148) _Coast Prairie Redox (A16) (MLRA 147, 148) Black Histic (A3) Thin Dark Surface (S9) Piedmont Floodplam Sods (F19) Hydrogen Sulfide (A4) (MLRA 147, 148) (MLRA 136, 147) Stratified Layers (A5) Gleyed Matrix (F2) Shallow Dark Surface (TF12) _Loamy 2 cm Muck (A10) (LRR N) —Depleted _Very Matnx (F3) —Other (Explain in Remarks) Depleted Below Dark Surface (A11) Redox Dark Surface (F6) Thick Dark Surface (Al2) Dark Surface (F7) —Depleted Sandy Mucky Mineral (S1) Redox Depressions (178) _ (LRR N, MLRA 147, 148) _ Iron- Manganese Masses (F12) (LRR N, MLRA 136) Sandy Gleyed Matnx (S4) Umbric Surface (F13) (MLRA 136, 122) _ Sandy Redox (S5) Floodplain Sods (F19) (MLRA 148) _Piedmont Stripped Matrix (S6) Red Parent Material (F21) (MLRA 127, 147) *Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic Restrictive Layer,(if'observed) Type _ Hydnc,soibpresent? N Depth (inches) Remarks There are no Indicators of hydric soils present US Army Corps of Engineers Eastern Mountains,and Piedmont Region ATTACHMENT PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): 8/21/2014 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Carolina Wetland Services, Inc POC Mr Thomas Blackwell 550 E Westinghouse Blvd Charlotte, North Carolina 28273 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District - Asheville Regulatory Field Office D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: East of the end of Pine Hill Road, south of Pelham 'Lane, and west of US 601 m Midland, NC (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State NC County /pansh /borough Cabarrus City- Midland Lat 35 243947° N, Long 80 509093° W Universal Transverse Mercator NAD 83 Name of nearest waterbody- UT to Muddy Creek Identify (estimate) amount of waters in the review area Non - wetland waters 354 linear feet 2' -4' width (ft) and /or 0.032 acre Cowardin Class R4SB3 Stream Flow- Intermittent 'Wetlands 0 521 acre Cowardin Class PFO1, PSS1 Name of any water bodies on'the site that have been identified as Section 10 waters Tidal- Non-Tidal, E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination Date ® Field Determination Date(s)- January 28, 2014 1 T 1 The Corps of Engineers believes that there may be jurisdictional waters of the United States on the ,subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site Nevertheless, the permit applicant or other person Who requested this preliminary JD has declined to exercise the option `to obtain an approved JD m this instance and at this time 2. In any circumstance where a `permit applicant obtains an individual' permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non - reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following ('1) the permit applicant has elected to.seek a permit authorization based on a preliminary JD, which does not make an official determination of Jurisdictional waters, (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in Jess compensatory, mitigation being required or different special conditions, (3) that the applicant has'the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general',permit authorization, (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary, (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable, (6) accepting a permit` authorization (e g, signing a proffered individual permit) or undertaking any activity in reliance on any form ,of Corps permit'author'ization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity, are jurisdictional waters of °the United States, and precludes ,any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or- in any Federal court, and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C F R Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C F R 331.5(a)(2)) If, during that administrative appeal, `it becomes necessary to make an official determination whether CWA,jurisdiction exists over a site, or to,provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information 2 4 SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply) - checked items should be'included in case file and, where checked and requested, ap "propnately reference sources ,below) ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant USGS Map, Current Soils Map, Historic Soils Map, Topographic Map ® Data sheets prepared /submitted by or on behalf of the applican't/consultant ❑ Office concurs with data sheets /delineation report ❑ Office does not concur with data sheets /delineation report ❑ Data sheets prepared by the Corps ❑, Corps navigable waters' study ❑ U S Geological Survey Hydrologic Atlas ❑ USGS NHD data ❑ USGS 8 and 12 digit HUC maps ® U S Geological Survey map(s) Cite scale & quad name 1 24,000, Midland, NC, Dated 1996 ® USDA Natural Resources Conservation Service Soil Survey Citation Cabarrus County Soil Survey ❑ National wetlands inventory map(s) Cite name ❑ State /Local wetland inventory map(s) ❑ FEMA/FIRM maps ❑ 100 -year Floodplain Elevation is (National Geodectic Vertical Datum of 1929) ® Photographs ® Aerial (Name & Date) NC OneMap, 2010 or ® Other (Name & Date) Site photographs of stream channel, January 2014 ❑ Previous determinations) File no and date of response letter ❑ Other information (please specify) determinations. Signature and date of Regulatory Project Manager (REQUIRED) 3 vim'' ` 02'/05/14 Signature and date of person, requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) Site Number Latitude Longitude g Cowardian Class Estimated Aquatic Amount of Resource in Review Area Class of Aquatic Resource Stream A N35 243974° W80 509093° R4SB3 354 linear feet non - section 10 -- non -tidal Wetland AA N35 243974° W80 509093° PFO1 and PSS1 0 48,acre non - section 10 - wetland Wetland BB N35 243974° W80 509093° PSS1 0 041 acre non - section 10 -- wetland Saddlebrook August 27, 2014 PhotoyaQe 1 Project No. 2013 -3232 Photograph A. View of Intermittent RPW Stream A, facing upstream. Photograph B. View of the forested (upper) portion of Wetland AA, facing northeast. Saddlebrook August 27, 2014 Photopatic 1 Project No. 2013 -3232 Photograph C. View of the early successional (lower) portion of Wetland AA, facing east. Photograph D. View of Wetland BB, facing northwest. 't Saddlebrook August 25, 2014 PhotopaQe 2 - Mitfi_,ation Site In estivation Project No. 2013 -3232 Photo Point 1. View of open water pond, facing west. Photo Point 2. View of southern open water pond, berm, and northern open water pond, facing west. o Saddlebrook August 25, 2014 Photopaue 2 - Mitigation Site Investigation Proiect No. 2013 -3232 w X 1 1 �1 • 1 11" // 1 ' 1 IV Saddlebrook August 25, 2014 Photooaee 2 - Miti¢ation Site Investivation Project No. 2013 -3232 AL ' yjri Photo Point 5. View of open water pond drainage from Bethel School Road, facing north. Photo Point 6. View of open water pond below Bethel School Road, facing south.