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HomeMy WebLinkAbout20200405 Ver 3_Modifications_20220906Staff Review Form NORTH CAROLINA Ertrlmnmertlrtl Quality Updated September 4, 2020 Staff Review Does this application have all the attachments needed to accept it into the review process?* Yes No ID# * 20200405 Version* 3 Is this project a public transportation project?* Reviewer List: * Doug Perez:eads\djperez Select Reviewing Office: * Yes No Mooresville Regional Office - (704) 663-1699 Does this project require a request for payment to be sent?* Yes No How much is owed?* $240.00 $570.00 Project Submittal Form Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: * For the Record Only (Courtesy Copy) New Project Modification/New Project with Existing ID More Information Response Other Agency Comments Pre -Application Submittal Re-Issuance\Renewal Request Stream or Buffer Appeal Pre -Filing Meeting Date Request was submitted on: 6/20/2022 Project Contact Information Name: Kelly Thames Who is submitting the information? Email Address: kelly.thames@hdrinc.com Project Information Existing ID #: 200405 20170001 (no dashes) Project Name: Existing Version: 2 Stowe Regional Water Resource Recovery Facility and Associated Infrastructure Projects Is this a public transportation project? Yes No Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown County (ies) Mecklenburg Gaston Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document Stowe RWRRF SAW-2019-01988 and DWR-20- 0405_PermitMod_2022.08.11. pdf Only pdf or kmz files are accepted. Describe the attachments or comments: 57.67MB Section 10/404/401 permit modification for SAW-2019-01988 and DWR # 20-0405 Sign and Submit By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the online form. Signature: Submittal Date: 09/06/2022 Is filled in automatically. F�2 hdrinc.com August 11, 2022 Mr. Bryan Roden -Reynolds U.S. Army Corps of Engineers Wilmington Regulatory District Charlotte Regulatory Field Office 8430 University Executive Park Drive, Suite 611 Charlotte, North Carolina 28262 Mr. Doug Perez NC Division of Water Resources 401 & Buffer Permitting Unit 512 North Salisbury Street Raleigh, North Carolina 27604 Subject: Stowe Regional Water Resource Recovery Facility & Associated Infrastructure Projects (SAW-2019-01988, DWR # 20-0405) Clean Water Action Section 10/404/401 Permit Modification Mr. Roden -Reynolds and Mr. Perez, The Stowe Regional Water Resource Recovery Facility (RWRRF) & Associated Infrastructure Projects (the Project) is proposed to be a regional water resource recovery facility (RWRRF) (Figure 1-2, Appendix A). Over a series of construction and implementation phases, the Project would provide regional wastewater treatment capacity for existing customers and for anticipated population growth in northwestern Mecklenburg County and eastern Gaston County by treating wastewater from Mt. Holly, Belmont, Clariant, and the Long Creek Basin in Mecklenburg County. Project Background On May 28, 2020, the United States Army Corps of Engineers (USACE) issued a Clean Water Act (CWA) Section 10, Nationwide Permit (NWP) 12 (Utility Line Activities), and NWP 14 (Linear Transportation Projects) (SAW-2019-01988) for the Project. On May 21, 2020, the NC Department of Environmental Quality (NCDEQ) Division of Water Resources (DWR) issued a CWA Section 401 Water Quality Certification 4139 (DWR #20-0405) to also include authorization without mitigation for Catawba River Buffer Rule impacts. A modification to these authorizations was submitted on November 11, 2021, which was subsequently approved by the USACE on November 17, 2021 (Appendix B), and NCDEQ- DWR on January 31, 2022 (Appendix C). 440 S Church Street, Suite 1000, Charlotte, NC 28202-2075 (704) 338-6700 Stowe RWRRF & Associated Infrastructure Projects Permit Modification I SAW-2019-01988 and DWR# 20-0405 These approvals expired in March of 2022; however as current and ongoing construction of the Project is not expected to be completed before the end of the current grace period (March 2023), new agency authorization would be required. Therefore, HDR is submitting this pre -construction notification (PCN) for Section 10, NWP 14, and NWP 58 (Utility Line Activities for Water and Other Substances) during the current grace period for the Project. Included in the submittal will be a revision to impacts due to advanced planning, as well as the redesign of a site access road related to property transfer issues between the applicant and the seller of a parcel within the original Project Area. Project design changes have necessitated a change to the Project boundary (Figure 3, Appendix A) as well as updates to the approved permits, which are discussed herein. Jurisdictional Determination The USACE issued an Approved Jurisdictional Determination (AJD) on July 31, 2020 under SAW-2019-01988, which was amended on December 7, 2021 (Appendix D). On April 15th, 2022 two wetland scientists from HDR delineated an additional three acres associated with the site access road redesign noted above. A Preliminary Jurisdictional Determination (PJD) request to include these additional features in the updated Project Area can be found in Appendix E. Figures associated with this PJD modification request are in Appendix A (Figures 1-7). Nationwide Permits 14 and 58 This section serves to reintroduce the Project briefly; however, details of the proposed Project are included in the Pre -Construction Notification (PCN, Appendix F). In 2020, the US Army Corps of Engineers (USACE) requested that the Applicant submit a project -wide Clean Water Act (CWA) Section 10 and Section 404 application to include future construction projects (elements) that would propose impacts to Waters of the U.S. (WoUS). The Project consists of three major Phases and this permit will take a phased approach, providing design and details on the most imminent phase of the Project (Phase 1, which has commenced) and now Phase 2a, while providing only high-level planning details for future elements yet to be designed. Impacts to Section 10 waters (Catawba River), Section 404 WoUS, Non -Section 404 isolated waters, and Catawba River Buffer impacts are anticipated. Introduction The Project is located in both Mecklenburg and Gaston Counties, which also spans the Catawba River (Figure 1, Appendix A). This Project proposes a RWRRF (Stowe RWRRF) in Mecklenburg County, located approximately adjacent to the existing Long Creek Pumping Station (PS). This regional facility would initially have a treatment capacity of 15 million gallons per day (mgd) and would have the ability to take wastewater flows from two existing facilities: the Mt. Holly Water Reclamation Facility (WRF) and Clariant, an Page 12 Stowe RWRRF & Associated Infrastructure Projects Permit Modification I SAW-2019-01988 and DWR# 20-0405 adjacent industrial facility; and wastewater flows from the Long Creek basin (Figure 9, Appendix A). Through a future expansion, the Stowe RWRRF would treat 25 mgd and be able to handle wastewater flows from the Belmont Wastewater Treatment Plant (WWTP) via the Paw Creek PS (Figure 12, Appendix A). Once connected to the Stowe RWRRF through the proposed Project, the effluent outfalls at the Mt. Holly WRF and the Belmont WWTP would be eliminated. Prior to the Stowe RWRRF construction, the Charlotte Water wastewater treatment system would treat flows from the Mt. Holly WRF and the Belmont WWTP. It would also eliminate the need for expansions and rehabilitations of the outdated Mt. Holly and Belmont facilities while still serving existing and anticipated treatment capacity needs for the region. To support the regional facility construction and provide treatment needs for the facilities mentioned above, the project will be implemented in phases. In Phases 1 a through 1 c, the existing Long Creek P5 would be replaced with a new pumping station and headworks facility in order handle wastewater flows from the Mt. Holly WRF (Figure 9, Appendix A). These flows would be pumped beneath the Catawba River to the replaced Long Creek PS by horizontal directional drilling (HDD) methods, would continue from the current Long Creek P5 site to the Paw Creek P5, and then on to larger Charlotte Water treatment facilities via the existing system (Figure 9, Appendix A). A new pumping station would be constructed at the Mt. Holly WRF site so that the WRF could be decommissioned. Additionally, access roads and power transmission would be constructed to the regional facility location. In Phase 2a, the RWRRF would be constructed and flows that are currently being pumped to the Paw Creek PS (via the Long Creek PS) would now be pumped to the RWRRF (Figure 9, Appendix A). In Phase 2b, a new pumping station at the existing Belmont WWTP would be constructed to convey wastewater flows through a new forcemain aligned with an existing railroad right of way, crossing beneath the Catawba River, to the existing Paw Creek P5 (Figure 9, Appendix A). Flows from the Paw Creek P5 would continue to be pumped either to the existing McAlpine Creek Wastewater Management Facility (WWMF) or the Irwin WWTP via existing forcemains. This route is preliminary and could be adjusted in detailed design. In Phase 3, the 15 mgd treatment capacity of the RWRRF would be expanded to a future 25 mgd treatment capacity and flows from the Paw Creek PS would be rerouted to the Long Creek PS and on to the regional facility. Phase 3 is contingent on area growth and could easily be 10+ years. Impacts to Section 10 waters (Catawba River), Section 404 WoUS, Non -Section 404 isolated waters, and Catawba River Buffer impacts are anticipated (Table 1). This permit application seeks reauthorization for Phases la and 1 c, authorization for updates to Phase lb, and authorization for Phase 2a. Page 13 Stowe RWRRF & Associated Infrastructure Projects Permit Modification I SAW-2019-01988 and DWR# 20-0405 Table 1. Phasing for the Proposed Stowe RWRRF Elements Proposed Stowe RWRRF Elements Proposed Impacts Section 10 Section 404 Non - Section 404 Impact No."` Phase Anticipated Construction Dates Mount Holly Forcemains (HDD) and Stowe Site Preparation Yes Yes (NWP 58) No 1, 2 la Current Stowe RWRRF Access Roads No Yes (NWP 14) Yes 6, 12, 13, 14 1 b Current Stowe Headworks & Influent Pumping Station and Mount No No No n/a 1 c Current Holly Pumping Station Stowe Regional Water Resource Recovery Facility Yes Yes (NWP 58) Yes 7, 8, 10,11 2a 2021-2024 (TBD) Belmont Pumping Station and Yes No No 9 2b 2022-2024 (TBD) Forcemains Stowe RWRRF Expansion No No No n/a 3 TBD in 2035 *Impacts 3-5 have been eliminated Nationwide Permit No. 14 Under NWP 14, project updates include the elimination of the original northern access road (Impacts 3-5) due to property acquisition issues (Table 2). Note that Impact 5 was a non -section 404 impact. Mitigation was previously paid for Impacts 3 and 4. Table 2. Summary of Eliminated Impacts Impact No. Feature Type Figure Regulatory Authority Impact Type Phase I m pact Amount Permanent( Temporary Previously permitted 3 4 5 Wetland Figure Section 5 12 404/401 Wetland Figure Section 6 12 404/401 Wetland Figure Non -Section 8 12 404-Isolated Fill 1b 0.01 ac. Permanent Fill 1 b 0.04 ac. Permanent Fill 1 b 0.04 ac. Permanent Yes, impact now eliminated Yes, impact now eliminated Impact now eliminated The northern access road was rerouted to still provide access to the Stowe RWRRF from Belmeade Drive and crosses two tributaries (new Impacts 12-14) to Long Creek that were not previously permitted. This permit application also seeks authorization for ongoing work (Impact 6) that commenced prior to the existing permit expiration for the southern access road crossing. It is assumed that each of the three crossings are separate and complete projects. A summary of impacts under NWP 14 is provide in Table 3, below. The three separate road crossings are as follows: 1) Impact 6 is a crossing of Long Creek and was previously authorized under NWP 14. Previous authorization also included buffer authorization without mitigation for Page l4 Stowe RWRRF & Associated Infrastructure Projects Permit Modification I SAW-2019-01988 and DWR# 20-0405 impacts to the Catawba River Buffer. Mitigation for Impact 6 (Wetland 12) was also previously paid (Appendix H). 2) Impacts 12 and 13 are associated with a tributary crossing to Long Creek for the rerouted northern access road that was not previously authorized. The Catawba River Buffer does not apply to this crossing. 3) Impact 14 is associated with a tributary crossing to Long Creek for the rerouted northern access road that was not previously authorized. The Catawba River Buffer does not apply to this crossing. Table 3. Summary of impacts under NWP 14 Impact No. Feature Figure Regulatory Authority Phase Impact Amount Permanent/ Temporary Previously Authorized 6 12 Wetland 12 Stream 7 Figure 1 Figures 18-21 4 Section 404/401 Section 404/401 Culvert lb Fill 1b 0.11 ac. Permanent Yes, current 120 If (0.04 ac) Permanent No 13 Wetland Figures 10 18-21 Section 404/401 Road 1 b 0.41 ac. Permanent No 14 Stream Figures 10 22-23 Section 404/401 Culvert lb 147 If (0.01 ac) Permanent No Permanent Section 404/401 Wetland Impacts 0.52 ac. Permanent Section 4041401 Stream Impacts 267 If (0.05 ac.)* * None of the three separate crossings do not cause the loss of greater than 0.5 acre of WoUS and do not cause a loss greater than 0.05 acre of stream bed. Nationwide Permit No. 58 Under NWP 58 this permit application seeks authorization for previously authorized work (under NWP 12) for Impacts 1, 2, and 7 that commenced prior to the expiration of the existing permits (Table 4). Note that Impact 7 is a non -section 404 impact. Project updates include design refinement for the previously authorized effluent outfall and access dock (Impacts 8, 10, and 11). This permit application also seeks authorization under previously authorized Section 10 for Impacts 2 and 9 for HDD crossings of the Catawba River (navigable WoUS) and Impact 9 for a floating dock on that Catawba River that do not result in surface water impacts. Authorization under Section 10 is also being sought for previously authorized Impact 11 that does result in surface water impacts for the effluent outfall rip rap apron. Table 4. Summary of impacts under NWP 58 Impact No. Feature Figure Regulatory Authority Impact Type Phase Permanent/ Temporary Impact Amount Previously Authorized 1 Wetland Figure Section 10 13 404/401 Yes (under Fill la Permanent 0.053 NWP 12), current 2 Catawba Figure River 12 Section 10/404/401 HDD beneath Catawba River la n/a No loss of waters Yes (under NWP 12/Section 10), current Page 15 Stowe RWRRF & Associated Infrastructure Projects Permit Modification I SAW-2019-01988 and DWR# 20-0405 Impact No. Figure Regulatory Authority Impact Type Phase Permanent) Temporary Impact Amount Previously Authorized 7* Wetland Figure Non -Section 9 12 404-Isolated Fill 2a Permanent 0.18 ac. n/a 8 Catawba Figure Section Floating River 16 10/404/401 Dock 2a n/a No loss of waters Yes (under NWP 12/Section 10) 9 HDD Catawba Figure Section beneath River 11 10/404/401 Catawba River 2b n/a No loss of waters Yes (under NWP 12/Section 10) 10a Wetland Figure Section 17 16 404/401 Excavation 2a Permanent O.017 ac. Yes 10b Wetland Figure Section 17 16 404/401 Clearing 2a Temporary 0.008 ac Yes 11a Catawba Figure Section River 16 10/404/401 Rip Rap for Effluent 2a Permanent 0.015 ac Yes Outfall 11b Catawba Figure Section River 16 10/404/401 Dewatering 2a Temporary 0.005 ac. Yes Permanent Section 4041401 Wetland Impacts 0.07 ac. Temporary Section 4041401 Wetland Impacts 0.008 ac. Permanent Section 10/404/401 Open Water (Catawba River/Lake Wylie) Impacts 0.015 ac. Temporary Section 10/404/401 Open Water (Catawba River/Lake Wylie) Impacts 0.005ac. Non -Section 404 Wetland Impacts 0.18 ac. * Note that Impact 7 is a non -section 404 impact. Please do not hesitate to reach out me at kelly.thames@hdrinc.com or by phone at (704) 336-6710 with any questions or concerns. Sincerely, HDR, Inc. Kelly Thames, PWS Sr. Environmental Project Manager Page l6 Stowe RWRRF & Associated Infrastructure Projects Permit Modification I SAW-2019-01988 and DWR# 20-0405 Appendices Appendix A: Figures Appendix B: SAW-2019-01988 General Permit Verifications (dated 05/28/2020 and 11 / 17/2021) Appendix C: DWR# 20-0405 Approval of 401 Water Quality Certification and Catawba Riparian Buffer Authorization (dated 05/21/2020 and 01/31/2022) Appendix D: SAW-2019-01988 AJD (dated 06/01/2020) and PJ ❑ (dated 12/07/2021) Appendix E: PJD Modification Request Appendix F: Pre -Construction Notification, Agent Authorization, Pre -Filing Meeting Request, and Additional Supplemental Information Appendix G: Record of Decision Appendix H: Mitigation Transfer Form, Wetland, Stream, and Buffer Credit Availability Page 17 Appendix A AppendixA— Figures s LEGEND L J Project Area Green Meadows ;oltCourse t f Miles I TaY�ots Cf r , A I. it H oll giwy ,N oc st't-. Otcs CPeek Existing Mt. Holly Water Reclamation Facility Belmont Abbey College Belmont Davis Park Ca4,4b4 it Gaston & Mecklenburg Counties, North Carolina fi h 01 0 E Waters Edge Wllklnso rl CU1v 1 Service Layer Credits: Sources: Esri, HERE, I)CHARLOTTE Garmin, Intermap, increment P Corp-, GEBCO, W TER USGS, FAO, NPS, Ordnance Sur Geo Esri J pan, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community Pine Isiand Country Club Paw Crum Cao`11 Robert L Smith Regional Park gi pch SAW#: 2019-01988 Beryl Author: KTHAMES Na" Date: 8/11/2022 Pte-. Basemap Source: ESRI World Topographic Map STOWE RWRRF & ASSOCIATED INFRASTRUCTURE PROJECTS PROJECT VICINITY FIGURE 1 PERMIT MODIFICATION AND PRELIMINARY JURISDICTIONAL DETERMINATION LEGEND L J Project Area USGS Quadrangles 1,000 2,000 A Feet MOUNT HOLLY`' a!r CHARLOTTE W6TE R ti Service Layer Credits: Copyright:© 2013 National Geographic Society, i- cubed t o ,' t� ter. �f may, 0 44w.- 4 •111:4'1' SAW#: 2019-01988 Author: KTHAMES Date: 8/2/2022 Data Source: USGS 1:24,000-scale Quadrangles Mount Holly, NC and Mountain Island Lake, NC Basemap Source: ESRI USA Topo Map C STOWE RWRRF & ASSOCIATED INFRASTRUCTURE PROJECTS USGS TOPOGRAPHIC QUADRANGLES FIGURE 2 PERMIT MODIFICATION AND PRELIMINARY JURISDICTIONAL DETERMINATION LEGEND Previous Project Area (367 ac.) Updated Project Area (276 ac.) 1,000 2,000 E.0 harIotte,Ave [e nal.Ave E Cala Service Layer Credits: * 2022 F)1. CHARLOTTE Corporation 02022 MaxW�TERrraAirbus Tom new area included (Appendix E) SAW#: 2019-01988 Author: KTHAMES Date: 8111 /2022 Data Source: HDR Spatial Files Basemap Source: Bing Maps Hybrid STOWE RWRRF & ASSOCIATED INFRASTRUCTURE PROJECTS BOUNDARY UPDATE FIGURE 3 APPROVED JURISDICTIONAL DETERMINATION VERIFICATION LEGEND 0 Updated Project Area (279 ac.) Gaston County Parcels Mecklenburg County Parcels 500 Feet Catawba 1trver Note: Previous PJD and AJD Verifications provided parcel data. This figure depicts parecl information for the requested PJD modification (3 acre corridor). Map ID Number Paree ID Number Property Owner 5306101 City of Charlotte 5306118 Catawba Lands Conservancy 5306119 City of Charlotte FnCHARLOTTE WI TEI Cata ba Ri r Mailing Address 600 East 41h St Charlotte NC 28202 4530 Park Rd, Ste 420 Charlotte NC 28209 600 East 4th St Charlotte NC 28202 Service Layer Credits:02022 Microsoft Corporation ®2022 Maxar ®ONES (2022) Distribution Airbus DS 02022 TomTom • Lang Creek Al Area for preliminary jurisdictional determination update (3 acres). SAW#: 2019-01988 Author: KTHAMES Date: 8/11/2022 Data Source: Gaston County GIS and Mecklenburg County GIS Tax Parcel Layers Basemap Source: Bing Maps Hybrid STOWE RWRRF & ASSOCIATED INFRASTRUCTURE PROJECTS AERIAL IMAGERY AND COUNTY PARCELS FIGURE 4 PERMIT MODIFICATION AND PRELIMINARY JURISDICTIONAL DETERMINATION L LEGEND J Updated Project Area Soil Map Units Hydric Rating 1 - 32% 500 1,000 Catawba River Or-5 Sots Symbol Mai Litt Minn Cee2 — Ceci sandy thy barn 2 b 8 percent slopes. moderately eroded CeD2 — Ceci sandy thy barn 8 b 15 percent slopes, noderatety eroded Cie — Ceciubhan land carpiex. 2 to 18 parcel slaper. Erb — Eon sandy barn 2 to 8 parcel slap.. EnD — Eon sandy barn 8 to 15 percent slopes Hee — FMena sandy barn 2 to 8 percent sbper. Lde2 — Lloyd sarwly day ban 2 to 8 percent slopes. noderalely eroded Mae — Maldenhurg am sandy ban 2 to 6 percent slopes Mthoa, ban D to 2 percent slopes. frequently floored W — Water WkE — .d bang 15 to 25 percent slopes unr CeD2=MO Q CHARLOTTE Nice:moll Service Layer Credits: C.2022 FD1 Corporation Airbus *2022 ri N1 k D SAW#: 2019-01988 Author: KTHAMES Date: 8/11/2022 Data Source: NRCS Websoil Survey Basemap Source: Bing Maps Hybrid Ammwomiumw STOWE RWRRF & ASSOCIATED INFRASTRUCTURE PROJECTS NRCS SOILS SURVEY FIGURE 5 PERMIT MODIFICATION AND PRELIMINARY JURISDICTIONAL DETERMINATION 1 Updated Project USGS National Hydrography Dataset USFWS National Wetland Inventory SAW#: 2019-01988 Author: KTHAMES Date: 8/2/2022 Data Source: National Wetland Inventory (http:llwww.fws.gov.wetlands [2022]); USGS National Hydrography Dataset (http:llwww.nhd.usgs.gavl [2022]); FEMA Map Service Center, National Flood Hazard Layer (https:llmsc.fema.govlportal [2022]); Basemap Source: Bing Maps Hybrid IIMMKNIMMINIKAMINIM Service Layer Credits: ® 2022 CHARLOTTE Microsoft Corporation 0 2022 W6TER ❑stribution A rbussDS ® 2022 TomTom STOWE RWRRF & ASSOCIATED INFRASTRUCTURE PROJECTS NHD, NWI, AND FEMA FLOODPLAINS FIGURE 6 PERMIT MODIFICATION AND PRELIMINARY JURISDICTIONAL DETERMINATION LEGEND Updated Project Area (276 ac.) Continuation of Jurisdictional Wetlands ❑ Upland Data Point 0 Wetland Data Point D 50 IOD A PREVIOUSLY VERIFIED (SAW 2019-01988) Culvert Jurisdictional Streams Jurisdictional Streams Non-404 Isolated Wetlands Jurisdictional Wetlands Catawba River Photograph 1. Continuation of previously verified Wetland 10, Facing Northwest. SAW#: 2019-01988 Author: KTHAMES Date: 8/2/2022 Data Source: HER spatial files Basemap Source: Bing Maps Hybrid CHARLOTTE W6T E R Long Creek Area for preliminary jurisdictional determination update (3 acres). 50 'I00 Photograph 1. Perennial Stream 7, Facing Upstream (previously verified). Charlie KcpR Rd• STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS PRELIMINARY JURISDICTIONAL DETERMINATION FIGURE 7 PPM 1CLTSNAIIIIGH:_DATAGISWROIECTStlell_CHARLOTTEWATERHIl2Tl29_LOMGCREEKWWTPV2_WPWAP DOCSWIQIINWRUPHATE_2g2M_LO GCRffH_A.■1H1VEHt KTHA■ES - DATE: Mllaf2 PERMIT MODIFICATION AND PRELIMINARY JURISDICTIONAL DETERMINATION X rig LEGEND Project Site (Phases 1a-1c, 2a, and 3) 0 Existing System (abridged) Existing Sewer (abridged) Proposed Forcemain (Phase 2b) Long Creek Basin Belmont - m Abbey � r Coles L2731 Belmont rk tit 1.5 Corsne:vrd W i ldllm 'a'' ge Lana Pia nngon Nature Reserve �� MEC✓ili:NBL/;G \ r1r•�hcc fk•I�I .�V t �c+ r GA SrG4'1 Nate. Edge f,l} H • II'. Mt. Holy W. ter Reclamation Facility' moo ■ Long Creek Pumping Station Belmont Wastewater / 1 1 � Hitl Nature Reserve L Smlh '`o Paw Creek gleuch tuck.,seege4 KIr, .: PumpIng Ulmer+,Cary Ur Station Treatment Plant Berry Inn NalUle L/{r Preemie dpaw c.'" In Lake Wylie r 1 Parr I brrKiii Seethwr:.r Middp IJ o-s odam era r< Be "WIC Regnna BM1vk F*4 Elementary Shot.'. ' h:: triage ••meta f. Y SAW#: 2019-01988 Author: KTHAMES Date: 8/3/2022 Data Source: Charlotte Water GIS Basemap Source: ESRI World Topographic Map Clamg91wIT. Zroil c 0 Green, IN 0 Gaston & Mecklenburg Counties, North Carolina ,acks°n > an0 Service Layer Credits: Sources: Esri, HERE, Garmin, Intermap, increment P Corp.,GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OperStreetMap contributors, and the GIS User Community 1 Carowndm Gar Cam. k 'Velure Ray,» L Csx Charbtla a 79:�H AIti-9hanr Sr aD° Bay d�- C • • A co)Le 9 McC4,�n" Ia. y Calf Club 1%krfj Carolina Gar Club Irwin Creek Wastewater Treatment Plant EI e" \ NCharlotte 1'�IEYIn N8 Cable ar— Rry w..1•485•011 ter 4a Vance Northsde C hnsiran Aradein mart a ▪ Evergeern Cemetery C5Y.rum vn L G z f x ▪ Sugar(Creek . Wastewater Treatment Plant 0 McAlpine Wastewater Management Facility 0 5 Wilram RDae Regional Park TPC C Gbn Sid .darwand Artarstrm counay a` Club ]� 5 V Y Y Java as •G'Riartln•FwY _, .rr F is% Branch rc t u W TER STOWE RWRRF & ASSOCIATED INFRASTRUCTURE PROJECTS PROJECT VICINITY - OVERVIEW FIGURE 8A PPM 1CLT/NNHIGI6_HATAGISWROlECTStle1i_CHARLOTTEWAiER11m1]TP29_LONGCREERriWTP172_WPWAP_HOCSWIOfNWP1UPHATE_204T09A_PRONR:IHHYIA%H - USER KR1a.E5 - DATE MOM PERMIT MODIFICATION AND PRELIMINARY JURISDICTIONAL DETERMINATION _ 1 Belmont - Belmont Wastewater Treatment Plant a a F P. River Hills Country Club 8, A 0 Mc Dowell Nature Preserve •I•.>ille ' Gaston & Mecklenburg Count North Carolina Service Layer Credits: Sources: Esri, HERE, CHARLOTTE Garmin, Intermap, increment P Corp., GEBCO, F ) W TER USGS, FAO, NPS, NRCAN, ase, pan, Kadaster NL, Ordnance Survey,ey, Esri Japan, METI, Esri China (Hong Kong), (c) openStreetMap contributors, and the GIS Llser Community vVadde I I Hgh Regent Park Golf Club/ ' ' 1 ■ LEGEND D Project Site (Phases la -lc, 2a, and 3) Proposed Forcemain (Phase 2b) Existing System (abridged) Existing Sewer (abridged) 1 2 Miles SAW#: 2019-01988 Author: KTHAMES Date: 8/3/2022 Data Source: Mecklenburg County GIS Basemap Source: ESRI World Topographic Map STOWE RWRRF & ASSOCIATED INFRASTRUCTURE PROJECTS PROJECT VICINITY FIGURE 8B Charlo 74■ McAlpine Wastewater,— Management Facility PERMIT MODIFICATION AND PRELIMINARY JURISDICTIONAL DETERMINATION OA91U3 CO. Aft. Hoy L WRF , Belmont WWTP r ' Creek PS �) I • Irwin Creek iSugar _ --__ FlAItAuFet,N 1:11, �y WWTP Creek WWTP GA5T13.ti Cki. Hoy T . '1 WRF - ■ L. 6 $�mant •Greek ------1 PS r r'�•r I Irwin Creek i • - kkAlpine WNW Sugar Creek'NWTP Creek W WTP / Haiti: Long Creek PS - Stowe RWRRf WRF� ' VVW fBelmPt Creek PS 11 . kwns Creak WNW • Sugar Creek 1NW P i McAlpine Creek WWTP f McAlpine Creek WWTP / '_�� Leoend Current �_.' / Leoend Proposed — ,_ -- \ u Legend Proposed YOAN 1:4+., 9C I A',+:A3TFP c>":. Wastewater Flows Effluent � YOkN CIF ., SI: 1 A'.I:Amp rn., Wastewater FlowAffilfilifill Effluent �.. Wastewater Flow Effluent .eAST1P r-rh-, • Current Condition Flows FnCHARLOTTE W6TER Post Phase 1 and 2 Flows Post Phase 3 Flows SAW#: 2019-01988 Author: KTHAMES Date: 8/3/2022 Data Source: Charlotte Water, modified by KThames Basemap Source: None STOWE RWRRF & ASSOCIATED INFRASTRUCTURE PROJECTS PHASING FIGURE 9 Not to Scale PATH: 4CLTSMADAGBi_DATAIGISIPROJECTSL1818_CHARLOTTEWATER110137929_LONGCREEKriWIW2_ 11PWAP_DOCS1M%OV/WMUPDATE 20]21P9_PHASING.M%D - USER: KTHAMES - DATE: BAk024 PERMIT MODIFICATION AND PRELIMINARY JURISDICTIONAL DETERMINATION LEGEND L J Project Area Jurisdictional Streams 1 Jurisdictional Wetlands 0 750 1,500 11 ee Proposed Forcemains by HDD (Phase la) (no change - previously permitted) Mt. Holly Pumping Station (Phase 1 c) (no surface water impacts) Existing Mt. Holly Water Reclamation Facility Proposed Effluent Structure & Dock L-- (Phase 2a) (updated impacts herein) Proposed Stowe RWRRF (Phase 2a) (no change - previously permitted) Proposed Road and Bridge (Phase 1 b) (no change - previously permitted) FYCHARLOTTE W TEE Eliminated Road and Bridge (Phase 1 b) Various utilities (by HDD) (Phase 2a) Proposed Equilization Basin (part of Stowe Headworks) (Phase 1 c) (no surface water impacts) Newly Proposed Road (Phase 1 b) Stowe Headworks & Influent Pumping Station (Phase 1 c) (no change - previously permitted) Existing Long Creek Pumping Station Note: Depicted linework is from Prelminary Engineering Report design, and is not representative of final design. SAW#: 2019-01988 Author: KTHAMES Date: 8/11/2022 Data Source: Preliminary Engineering Report layout Basemap Source: NC OneMap Orthoimagery STOWE RWRRF & ASSOCIATED INFRASTRUCTURE PROJECTS PHASES 1A-1 C AND PHASE 2A FIGURE 10 PERMIT MODIFICATION AND PRELIMINARY JURISDICTIONAL DETERMINATION 1 r- LEGEND Proposed Forcemain (Phase 2b) Existing System (abridged) Existing Sewer (abridged) National Hydrography Dataset National Wetland Inventory 0 750 Feet PSS1Ah '.r 1-500 Belmont r--; USGS Quad; CHARLOTTE WGTER PUBHh1 Ft Service Layer Credits: Sources: Esri, HERE, Garmin, Intermap, increment P Corp-, GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community CapyrigMID 2013 National Geographic Society, i-cubed PUSCh • "Cie"rs°n: : •T PSS1Fh PEM1Ch SAW#: 2019-01988 Author: KTHAMES Date: 8/3/2022 Data Source: USGS 1:24,000-scale Quadrangles Belmont, NC and Charlotte West, NC; USFWS NVVI; USGS NHD; and Mecklenburg County GIS C Basemap Source: ESRI USA Topo Map tsi1ti,. ,--�- �; .11‘.1�res s �,r 1 ������_•�" STOWE RWRRF & ASSOCIATED INFRASTRUCTURE PROJECTS PHASE 2B FIGURE 11 r_t PATH: ICLTIKAPPGLI_DATAIGIJIPROJECTE0018_CHARLOTTEWAT ER110137929_LONGCREEKriWTP92_1NRMAP_WCIPIXDVIWP111PDATE 20]21011_PHAf E2&Nf[0 - USER: NTHANEE - DATE: 81312022 PERMIT MODIFICATION AND PRELIMINARY JURISDICTIONAL DETERMNATION LEG EN❑ JProject Area Jurisdictional Streams Jurisdictional Wetlands 0 400 800 ee Impact 7 (non-404) Stowe RWRRF (Phase 2a) Impact 2 (NWP 12 and Section 10) Proposed Forcemains (by HDD) (Phase la) Mt. Holly Pumping Station (Phase 1 c) (no surface water impacts) Existing Mt. Holly Water Reclamation Facility Impacts 8, 10, and 11 (NWP 58 and Section 10) Effluent Outfall and Dock (Phase 2a) Clariant entrance Impacts 3 and 4 (eliminated) (NWP 14) Proposed Road and Bridge Impact 5 (eliminated) (non-404) Proposed Road Figures' 16&17 Impact 6 (NWP 14) Proposed Road and Bridge (Phase 1 b) Figures 18-21' Figures 22'&'•23 Impact 1 (NWP 58) Stowe Headworks & Influent Pumping Station (Phase 1 c) Existing Long Creek Pumping Station Equilization Basin (part of Stowe Headworks) (Phase 1 c) (no surface water impacts) SAW#: 2019-01988 Author: KTHAMES Date: 8/11/2022 Data Source: Preliminary Engineering Report layout Basemap Source: NC OneMap ❑rthoimagery FY CHARLOTTE W TEE STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS PROJECT OVERVIEW FIGURE 12 ATFTSZETSITAINAGM DATAIG[SPROJECTS1S018 CHARLOTTEWATERA101STS2S LONGCREEI(SYWIPVT2 WPAMAP EOCS WIE OSP1UPEATE 2022i012 PHAS El MD USER: KTHAM ES - DATE: E0112022 PERMIT MODIFICATION AND PRELIMINARY JURISDICTIONAL DETERMINATION LEG EN❑ Project Area Permanent Impact Jurisdictional Streams Jurisdictional Wetlands Forcemains by HDD FY CHARLOTTE W TEE l Existing Utility Impact 1 - Wetland 10 (NWP 58 - Section 404/401) permanent impact (fill) • 0.053 acres (previously mitigated and permitted under NWP 12) Stream 7 STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS IMPACT 1 FIGURE 13 ATTI: LI TTADAG15 DATMGI PFROJECTST3018 CHARLOTTEWAT ER410197229 LONGCREEI(WWTPT2 WIPWAP ROCS VAZ01NWP1UPOATE 20221019A IMPACTI.MED USER: KT HAMES - DATE: 8052022 PERMIT MODIFICATION AND PRELIMINARY JURISDICTIONAL DETERMINATION E co E to to I` v J L) 0 t 0 E V t 0 a m LEG EN❑ Limits of Disturbance Jurisdictional Wetlands Jurisdictional Streams Permenant Impacts Palustrine Forested Wetlands (any trees will be removed non -mechanically and stumps left in -situ beneath bridge span; no impact) SAW#: 2019-01988 Author: KTHAMES Date: 8/11/2022 Data Source: HDR GIS Files Basemap Source: NC OneMap Orthoimagery a>k F�2 Impact 6 - Wetland 12 (NWP 14 - Section 404/401) permanent impact (fill) 0.11 ac (previously mitigated and 'permitted under NWP 14) bridge piling bridge span Stream 1 (Long Creek) bridge piling Note: See Figure 15 for Catawba River Buffer Rule Impacts STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS CHARLOTTE IMPACT 6 WLTER Figure 14 PERMIT MODIFICATION AND PRELIMINARY JURISDICTIONAL DETERMINATION 1 2 3 4 5 6 7 8 \ \}I \ \ I \ I I \ \ I �.� 1 1 l_\\\ \1 1 \ 11 \� 1 I \ \ 1 1 , / I I � --N„ --1 / I I — 7-` ` --1 1 - a r1 Ir ;I 13+00 J / 1 11 1 I 1 I 1 1 1 r tl 1 1 11 1 1 1 150 ■ ■ JB v+r•1V1H 15 LF OF 18" DIP W/2 ELBOWS @ 20.0% 1 1 1 1 (1501>1 CLASS 'B' RIP RAP EST. 3 TONS 10 SY GEO TEXTI LE TEMPORARY PROJECT IMPACT WITHIN FERC BOUNDARY DISTURBANCE WITHIN CATAWBA RIVER BUFFER ZONE 1 DISTURBANCE WITHIN CATAWBA RIVER BUFFER ZONE 2 1 I 1 I 1 I 1 1 1 } I — TOE PROTECTION WiCLASS B RIP RAP SEE DETAIL E / / LIMIT OF DISTURBANCE I I 1 1 1 /I 1 / 1 / l I 1 1 1 / _____` J /// / I 1 II // jr // ,/ (7 (fit/ f' If \ \� ,�I ii ) 1 1 \1 \' 7, II l 1 I I 1`�\- 1 / I �/ �I 1 I I I 1 1 �1 1 1 ►_l ___,J, 1) / J/ I I I 11 r rn I/ / I I I \ I I 1} �i1J 1 r'1 t I I 1 )\ 11 /l / �/1 At 1 1\ , /} I1 III \v 1 /1 //7- /� �'�.� 1 I I//ll , / / -_/ / 1 �/ / / , I / '� I ( l I / / /r_C I / / /1� I/ I 1P \i 1 I +1 1 I /1— --- ■ Y r r r r■■ r• •• �������►�� BEGIN BRIDGE . r �� rillirilagt1,0110141411411:4110 it BEGIN SBG +25 -SOUTH- s ta. 14+58.63' rrrr r �4ffN `y'��� LT & RT "���� TB 2GI 14 + 00 40 LF OF 18" RCP -III @ 42 LF OF 18" RCP -III @ 5.8% F r 2,527 SF DISTURBANCE IN ZONE 2 \ 1 \ r coal • TB 2GI I - - r 1 I I 1 1 i 1 / IIII1 7 / 1 10. Q a CO U w L / II j 1 1 �JI `1/ 1 1 I ) 1 1 11 lI y' 1I 1 1 IJ // 1 /I 14poi ft rn 33 cos CLASS II RIP RAP UP TO ELEV 581.0 (TYP.) 7,204 SF TEMPORAY IMPACT FOR ACCESS TO BENT 1 3,820 SF DISTURBANCE ZONE 1 1 i B1 Buffer Impact - Crossing/Bridge Zone 2 -Permanent 4,494 square feet BENT 1 910 SF TEMPORAY IMPACT FOR ACCESS 80 LF OF RIP RAP SHORELINE STABILIZATION B1 Buffer Impact - Crossing/Bridge Zone 1 -Permanent 6,410 square feet 235' STEEL GIRDER BRIDGE SKEW = 105 ^ DECK DRAINS NOT REQUIRED BENT 2 1 1 11 1 \ 1 I 1 I' 1111111111 / 1 / / / ` ---- — � I �// 11 I1111111III1I I/// // 1/ / / I�'—� �.. N` —_`/111 IIHII 111 _ 1.. \li 1�1111IIIIII�I 11 1 I 1 1 �� / ` �� �`�\Il 1IHI111111 1 j -- III I � 111111111 0 11 /1 /1 1 I I ' // �` \ \\ _�I}}} 1111111111 I II \ \ }11 } I `111111111 WI\I I1 I I I I �/ /� \ \\ \\ �\11IIII1l111I111 I 111II }i111111111�11II1111 1d,11Ir� \\ `\\ `\ ,` . / / // 11\1 111111111111I1 1 1 1 1 'I 1 ~� \ \ \ \ �, 1 Ill �'1\111111111 l \ 1 1 1 1 /1:1> lI ��\,,\\\ `\`��J//I }1 �11111111111 III I it 1 rr \ \ \ \ \ 111 11111111111 111 1 1�� / • 1 \ \ \ \ I 1 1Niiiili\f1)/\\;\//11\/1/1 111II111 �� ( r • \ \ ' I I Ill1111i1 Illy • + I r.� \ \ ,1 1 Jill lI I IlIlj i18; I..,\ \\ ��11If1I1I1ll1I �\ \1 111I Il l II I 1 ' AMArit T�JRBANICE� f ,� �\ LIMIT OF DISTURBANCE �,'// 1II IIr\ \ \ •,I 1 f I \ I 1� IIIr1111�11�1 I+ 1 11I 1 \ \ • �+ 11111 f i l llllll 1 I 1 I r 11 \,•'��,III[I111Il11I1I1IrI11\ \►\.��III111111 ll1111I,1111 II 1 \_--.�.....,, - 1WI11111f11 1Ilf r�1' III/ 1 _ - 1 I 711; IIlI111IIII 1.t r �I��.� \+I+l =�� � I i I \\ \ I I, 1 \ \ 21G1 I ` I IIli ' l 11 111 /I f11 111 I /I11///1 1 I r1I�I/ I/1/I 11111/11111 //111 1 111 1 �} /, l/ I I 1 111 1 11 / 1 1 II IIII 11 } �' I 1 �'I 1 \ �, \ I///// I ` 1 I ` I\ Il ,1 II 11 \\ \\ `\ 11 / Ill} 1 1 1 �'1 1 \, \\ \\ -II I I \ 1 1 ,L, \ \\ \ \ ICLASS 'B' RIP RAP i •L °I\ )141:10 .7\\ " '1\7 II I I I 1 I I I 1 I 4 I I 1\ 11 \\ \\ \\ \ I I 1 1 1 1 1\ \\ \` \ 1 I I. 1 1 I ' \ l � • \ �i\ \ 1 \ ti \ N 1 \ \ \ NN \ / \ `� • • • 1 41 EXCAVATIONI 11-51 LIMIT 1 I I1 1 I jI 1 ` \ i � . "-- I I\ \ `N �! ` N. \ • \ r N 1 \ N • 1 • N 1 \ N ' N `� �• N \`- N.. N`� `` •' • N. N. ` N ••' �\ �. N.1 \\ "---- \ l \ N. 1 ti ', 54 LF OF 18" RCP -I I1 @ 0.5% 2GI r 99 LF OF 18" RCP -III @ 0.5% -SOUTH- PI Sta 19+01.96 ❑ = 8TO3'48.0'(LT) D = 28' 56' 14.1' L = 300.87' T = 188.10' R = 198.00' DS = 25 MPH e= NC ■• c•■ ■ ■' ■ • •♦ I. • •• • /•• END BRIDGE -SOUTH- Sta. 16+98.63 / / / • ■ / , / •♦ / ♦ ♦ ♦ J - ■ • D B SENSITIVE DRAWINGS DO NOT SCAN 440 S. Church Street, Suite 1000 Charlotte, NC 28202 704.338.6700 N.C.B.E.L.S. License Number F-0116 ISSUE DATE DESCRIPTION PROJECT MANAGER TYLER LEBEN, PE DESIGNED BY CHECKED BY DRAWN BY PROJECT NUMBER 10137229 INCOMPLETE PLANS DO NOT USE FOR R / W ACQUISITION PRELIMINARY PLANS DO NOT USE FOR CONSTRUCTION Stowe Regional WRRF Access Roads CHARLOTTE W TER CATAWBA RIVER BUFFER DISTURBANCE 20' 20' SCALE: 1" = 20' FILENAME SCALE A Figure 15 PLOT DATE: 6/1/2022 10:13 AM BY: GFLOYD Impact 11 a -Catawba River (NWP 58 -Section 10/404/401) permanent impact (riprap) 0.015 ac. STA 0+21.70 E ■ OF PIPE PROPOSED BOAT DOCK Impact 8 -Catawba River (NWP 58 -Section 10/404/401) no impact ISSUED FOR PROJECT ENGINEER: DESIGNED BY: DRAWN BY: CHECKED BY: Impact 11 b -Catawba River (NWP 58 -Section 10/404/401) temporary impact (dewatering) 0.005 ac. PROPOSED EASEMENT (0.15 AC) 50' P. DRUMMEY STIEGEL IF THIS BAR DOES NOT MEASURE 1" THEN DRAWING IS NOT TO FULL SCALE GANGWAY Impact 10a -Wetland 17 (NWP 58 -Section 404/401) permanent impact (clearing/grubbing) 0.017 ac. ZONE 2 M. PARKER G. FLOYD J. STRUVE TOP OF BANK D CZASS-3141 TU"E RIPRAP FERC BOUNDARY, TYP 1 30 FT IZONE 1 HAZEN AND SAWYER 9101 SOUTHERN PINE BOULEVARD CHARLOTTE, NORTH CAROLINA 28273 LICENSE NO.: C-0381 STA 1+46 BEGIN PIPE 42" EFF Impact 10b -Wetland 17 (NWP 58 -Section 404/401) temporary impact (clearing) 0.008 ac. 50 FT CATAWBA RIVER BUFFER cRowoER NARY DRAWING DO NOT USE FOR CONSTRUCTION. SENSITIVE INFORMATION. DO NOT REPRODUCE. Legend and Summary of Impacts to Waters of the U.S. 0.017 AC of Permanent Impacts to Wetland 17 ............... ................ 0.008 AC of Temporary Impacts to Wetland 17 0.015 AC of Permanent Impacts to Catawba River 0.005 AC of Temporary Impacts to Catawba River No Impact to Catawba River (Driven Piles) STA 1+57 42"-90°BEND STA 1+57 60"x60"x42" TEE ELECTRICAL TRANSFORMER (BY OTHERS) CHARLOTTE 2+UU 60" EFF 1 BOAT DOCK ACCESS ROAD Stowe Regional COVE FacilityWater Resource Y CHARLOTTE, NORTH CAROLINA STOWE REGIONAL WATER RESOURCE RECOVERY FACILITY STA 2+51 COMBINATTQN BEND (45° & 22.5°) OUTFALL PLAN VIEW CIVIL EFFLUENT OUTFALL ENLARGED PLAN HAZEN NO.: CONTRACT NO.: MAY 2022 31460-001 Figure 16 PLOT DATE: 6/1/2022 10:13 AM BY: GFLOYD B3 Buffer Impact -Utility Lines Zone 1 -Temporary 283 square feet B2 Buffer Impact -Effluent Outfall Zone 2 -Permanent 571 square feet B2 Buffer Impact -Effluent Outfall Zone 1 -Permanent 600 square feet B4 Buffer Impact - Boat Dock Access Zone 1 -Permanent 338 square feet B4 Buffer Impact - Boat Dock Access Zone 2 -Permanent 325 square feet CLASS-2 AND CLASS-3 MIXTU 1. FERC BOUNDARY, TYP 1 B5 Buffer Impact - Boat Dock Access i 3(? 1 Zone 1 -Temporary 240 square feet t- PROPOSED EASEMENT (0.15 AC) 50' i 01 B3 Buffer Impact -Utility Lines Zone 2 -Temporary 272 square feet 0 FT CATAWBA RIVER BUFFER LINE STA 1+46 BEGIN PIPE 42" EFF 42" EFF STA 1+47 60"x 42" RED --15691-- - 50 FT CATAWBA RIVER BUFFER Legend Catawba River Buffer Permanent Impacts to Catawba River Buffer Zone 1 for Effluent Outfall Permanent Impacts to Catawba River Buffer Zone 2 for Effluent Outfall Permanent Impacts to Catawba River Buffer Zone 1 for Boat Dock Access Permanent Impacts to Catawba River Buffer Zone 2 for Boat Dock Access Temporary Impacts to Catawba River Buffer Zone 1 - See Note 1 in Summary of Impacts �� Temporary Impacts to Catawba River Buffer Zone 2 - See Note 1 in Summary of Impacts Wetland 16 Permanent Impacts to Wetland 17 - See Note 2 in Summary of Impacts _._._....._____._...... _____ Temporary Impacts to Wetland 17 - See Note 3 in Summary of Impacts If 60" EFF J B5 Buffer Impact - Boat Dock Access Zone 2 -Temporary 162 square feet Summary of Impacts to the Catawba River Buffer Effluent Outfall - Allowable Width of Permanent Impacts = 30 Feet - Proposed Width of Permanent Impacts = 30 Feet - Permanent Impacts to Zonel = 600 SF (0.014 AC) - Permanent Impacts to Zone 2 = 571 SF (0.013 AC) Boat Dock Access - Total Width = 20 Feet - Allowable Width of Permanent Impacts = 15 Feet - Proposed Width of Permanent Impacts = 20 Feet - Permanent Impacts to Zonel = 338 SF (0.008 AC) - Permanent Impacts to Zone 2 = 325 SF (0.007 AC) Temporary Impacts - Temporary Impacts to Zone 1 = 523 SF (0.012 AC) - Temporary Impacts to Zone 2 = 434 SF (0.010 AC) Notes I . Temporary impacts to the Catawba River Buffer Zones 1 and 2 shall be restored to a forested condition upon completion of proposed improvements. 2. Permanent impacts to Wetland 17 to be mitigated per Section 404 requirements. No buffer mitigation required. 3. Temporary impacts to Wetland 17 to be restored per Section 404 requirements. 1"=10' 10 5 0 PLANT NORTH 10' REV ISSUED FOR DATE BY PROJECT ENGINEER: P. DRUMMEY STIEGEL DESIGNED BY: M. PARKER DRAWN BY: G. FLOYD CHECKED BY: J. STRUVE IF THIS BAR DOES NOT MEASURE 1" THEN DRAWING IS NOT TO FULL SCALE 0 112" 1" Hazen HAZEN AND SAWYER 9101 SOUTHERN PINE BOULEVARD CHARLOTTE, NORTH CAROLINA 28273 LICENSE NO C-0381 Grua 1 CONSTRUrn'ON cRowoER CHARLOTTE W6TER Water Resource Stowe Regional COVE Facility Y CHARLOTTE, NORTH CAROLINA STOWE REGIONAL WATER RESOURCE RECOVERY FACILITY OUTFALL PLAN VIEW CIVIL EFFLUENT OUTFALL ENLARGED PLAN DATE: MAY 2022 HAZEN NO.: 31460-001 CONTRACT NO.: 1 DRAWING NUMBER: C169 PRELIMINARY DRAWING DO NOT USE FOR CONSTRUCTION. SENSITIVE INFORMATION. DO NOT REPRODUCE. LEG EN❑ Project Area Stream Impact Wetland Impact Jurisdictional Streams Jurisdictional Wetlands Impact 12 - Stream 7 (NWP 14 - Section 404/401) permanent fill (culvert) 120 linear feet (0.04 ac.) NCSAM: LOW Note: Neither Impact 12 or 13 had been previously permitted. FYCHARLOTTE Impact 13 - Wetland 10 (NWP 14 - Section 404/401) permanent fill (road) 0.41 ac. NCWAM: LOW SAW#: 2019-01988 Author: KTHAMES Date: 8/5/2022 Data Source: Preliminary road layout Basemap Source: NC OneMap Orthoimagery STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS IMPACTS 12 AND 13 FIGURE 18 R1G15 DATMGLPPROJECTSUC18 CHARLOTTEWAT EM10107225 LONDEDEEKWWTPV73 WIPWAP ROCS VAT➢1NWP1UPCATE 20221018 IMPACT12410.MX0 USER: KTHAMES - DATE:815P1622 PERMIT MODIFICATION AND PRELIMINARY JURISDICTIONAL DErERMINAIION BACK CUT EXCAVATION 2:1 (MAX.) CLASfig-II-RIP RAP pEOTEXTILE 250' 200' INV (STREAM) =568.20 INV (STRUCTURE) = 567.20 BANK STABILIZATION CLASS 'II' RIP RAP EST. 96 TONS 1 117 SY GEOTEXTILE EX15 NAG POOP . N.N. N.,� N. N. . . N. .. NATURAL GROUND TIENTO — NATURAL$ROUND N K STABI LIZ N LASS 'II' giP RA EST. ,, 3 TONS 9 5' GEOILE Ie ►1 1r1i ► 1 I ►, 11-►1 ► 4 5 r � 11111 ►rl► 5" 'r►►1 I.VI ' ! 1 1r 111111 1111 ► 11111 1 1 I 1 1 1 r 'r 1 1 1 ► 1 ► 1 7 7' 1 `"► 1 1 1 1111 I1►►1► 1r1►►,,,�►!►J1 1 1 1 H ▪ 1/ ► ► I r 1 ,, ►►►, 111 II 11lf►1 1� _1 ►1 1 11111111 11►117 1164-'► 1 1 1 I , ► 1 1 ij 1111111 �- 1 1 1 1 i 1, i1►►'r 1 lr I 1 yl► 111 1 7- o► r 11 1 ► 1 '1 ►, ►, ►111►1 1 1 I1111 LLI►'Ir 1 �1•I 1 ► 1 ►N i ►111►1 1111111 1111►►1 • ►1■►111• ► •-...\\ '11111 ► 1, 11 ► 1 t1 ► 1 , 1-t-►-1-> > a-►------ a� 1111111 111111 ►►1111p- 1►11►►1 •► 111 11 1 111 '111 I ROPOSED PROPOSED HIM STING TOP OF BANK FTC SED EXCAVATION FOR CHANNEL REALIGN VENT PROPOSED STREAM BED INV (STREAM) =568.20 INV (STRUCTURE) =567.20 150' 100' 5 43+75 - PLAN ALONG 2-81X7' RCBC STA 43 + 75 - C- GP ELEV.578.50 ASKEW-73- DEGREES j LENGTH = 64 FT 6 BARK STABILIZATION. - CLASS 'II' RIFRAP - EST. 21 TONS 30 SYGEOTEXTIIF 3- 3- 3 INV (STR ) = 568.85 3- INV (STRUCTURE)=5 7.85 *f, UT TO LONG CREEi5, BANK STABIZATION 43 + 70.00 SKEY 73' ay 6" BEVEL ALONG TO 1- PROPOSED 2-8'X7' RCBC J WITH WINGWALLS 2 11 (MA)) TO .I E INT NATUIIAL GROUND - 2.0' HIGH SILL IN LEFT BARREL - NORMAL WS ELEV. 573.2 DATE: 05'25/2 022 { EXISTING GROUND ALONG CENTERLINE OF CULVERT INV (STREAM) = 568.85 1IIV (STRUCTURE) ` 56 IRCBC INV = 567.60. { �� SLOPE =0.010 ft►Ft 50' 100' 7 PROS Tr -OW ..........._._ - 2-8'X7' RCBC WITH WINGWALLS CLASS II RIP RAP BACIf CUT EXCAVATION -' 2:1 (MAX.) 150' BURIED 1.0' �- 6" BEVEL ALONG TOP EDGE 1 �- NATURAL GROUND GEOTEXTILE 8 585 580 570 ,- BACK CUT EXCAVATION- 2 :1 (MAX.) INLET CHANNEL LOOKING 1 DOWNSTREAM 200' 565 J I 250' 560 G B SENSITIVE DRAWINGS DO NOT SCAN HDR Engineering, Inc. of the Carolinas 440 S. Church Street, Suite 1000 Charlotte, NC 28202 704.338.6700 PROJECT MANAGER DESIGNED BY MATTHEW WERDER, PE ERIC REARDON, PE CHECKED BY DAVID FUH, PE DRAWN BY KAITLIN HELMS, El `` .[ •\ CARD ►i, 4),:z: 929911 • SEAL �: o4414/ Stowe Regional WRRF Access Road CH ARLOTTE W TER 20' 0' CULVERT PROFILE SHEET ALNC ACCESS ROAD 20' FILENAME STOWE ALNC HYD_CSR.DGN A Figure 19 N.C.B.E.L.S. License Number F-0116 ISSUE DATE DESCRIPTION PROJECT NUMBER 10207739 SCALE: 1"=20' SCALE AS SHOWN 1 DETAIL A Natural Ground d = 1 Ft. 6 = 3 Ft. Type of Liner= CL B Rip -Rap SENSITIVE DRAWINGS DO NOT SCAN 2 Geotextile FROM STA.45+25 TO STA.45+75 PROPOSED LIGHT POLE AND CONDUIT, SEE ELECTRICAL PLANS: 4LF+F 5" RCP I @ . .3% 69 LF OF 15" RCP -III @ 5.2 CLASS 'B' RIP RAP EST. 3 TONS 10 SY GEO-TEXTILE SEE CLDS STD 20.23 50 LF OF 18" RCP -III @ 0.6% 0 `45)[T iv BANK STABILIZATIO_ CLASS 'II' RIP RAP. EST. 43 TONS 59 SY GEO-TEXTIL SEE DETAIL 7-3 3 4 DETAIL 7-1 SPECIAL CUT BASE DITCH ( Not to Scale) Natural Ground Geotextile Type of Liner= Class B Rip -Rap Front Slope Ditch FROM STA. 46 + 50 LT TO STA. 47 + 00 LT 0 CRESCENT - S_0 ' CES DB 3146 P 165 WATERS OF LAKE YLI F.E.R.C./DUKE PO R REGULATORY AREA Witt *it% ►iko icy_Itrubr TRACT A CITY OF CHARLOTTE MB 55 PG 178 DB 28400 PG 380 PID# 05306117 BANK STABILIZATION CLASS 'II' RIP RAP EST. 96 TONS 117 SY GEO-TEXTILE SEE DETAIL 7-3 2-8'X7'RCBC BURIED 1.0' STA 43 + 70.00 SKEW 73° 6" BEVEL ALONG TOP EDGE t ' ■ OP- FS G PROPOSED SAFETY RAIL SEE DETAIL C [BY OTHERS] �� ,T�- ----�- .--- T \ ,. Mile I 410. 5 DETAIL 7-2 CI ► • '-LOTTE 178 D: 28400 PG 38 PID# 053061'0 -NORTH- Sto 38+69.57 ❑ = 45*38'01.9'(RT1 D=6*30'39.2' L = 700.89' T = 37022' R=880.00' DS = 30 MPH HDR Engineering, Inc. of the Carolinas 440 S. Church Street, Suite 1200 Charlotte, NC 28202 704.338.6700 N.C.B.E.L.S. License Number F-0116 ISSUE PROPOSED MODULAR to BLOCK RETAINING WALL ' 111 ' if j BANK STABILIZATION \ ''- CLASS 'II' RIP RAP EST. 36 TONS 'kV. 47 SY GEC -TEXTILE Wit DATE DESCRIPTION DETAIL B FALSE SUMP ( NM to Scale) Outside Ditch Traffic Flow S=Ditch Slope PROJECT MANAGER DESIGNED BY CHECKED BY DRAWN BY PROJECT NUMBER MATTHEW WERDER, PE MATTHEW WERDER, PE BRAD TAYLOR, PE HUNTER FREDERICK 10207739 PROPOSED GUARDRAIL TO BE INSTALLED BY OTHERS BANK STABILIZATION CLASS 'II' RIP RAP EST. 21 TONS 30 SY GEO-TEXTILE SEE DETAIL 7-3 +��rrrrnriiry,►r ��N CARD ♦♦ $0 4oF SSio; !■. ' SEAL ' . 046198 Jct 04.„iNiiir PROPOSED MODULAR BLOCK RETAINING WALL Outside Ditch Traffic Flow S = Ditch Slope DETAIL C FALSE SUMP ( Not to Scale) PROPOSE TRANSMI (BY OTH DUKE N POLE GI etc. 4 Proposed Ditch 6 DETAIL 7-3 PIPE INLET/OUTLET CHANNEL STABILIZATION ►.turol Grown. 2;1 MAX Geotextile Channel Bed (B) Typo of Liner= CL 'II' Rip-Rop - Keyed -In Natural Bed Elevation N.t r. 1 TOE PROTECTION 1 W/CLASS 'B' RIP RAP 1 EST 17 TONS EST 52 SY GEO-TEXTILE y SEE DETAIL A P1 Sto 45 +63r86 ❑ = /5" 21' 33.6' 1LT1 D = 14' 19' 262" L = 10723' T=53.94' R=400.00' DS = 30 MPH Stowe Regional WRRF Northern Access Road CHARLOTTE WTER 7 2' BASE SPECIAL CUT DITCH W/CLASS 'B' RIP ,EST. 17 TONS '51 SY GEOTEXTI E SEE DETAIL 7 1 1F� 2GI SEE DETIAL B - 20' SCALE: 1" = 20' 0' 78 LE OF 1:" R 8 2' BASE SPECIAL CUT DITCH SEE DETAIL 7-2 ROADWAY PLAN SHEET NORTHERN ACCESS ROAD 20' FILENAME SCALE STOWE_RDY_PSH07.DGN AS SHOWN SEE SHEET 16 FOR -NORTH- PROFILE Figure 20 owe mn= EOM — r_AUL ar �rr�_=71F 10. MIlaaa NErisitTirIM 47 40.00 IPMEFTPM maw= mrfiviiwom I ME ammigo SLOE mrm —iffl.1 W1 =gin MAN Kam PIPE HYDRAULIC DATA 2f P a, 96%32 , fi DRAT NAG,E AREA ■ 8.0 AC DESIGN FREQUENCY - 25 YAS DE5CJV DISCHARGE _ 600 CPS DESIGN Mr ELEVATION - 61773 FT 100 YEAR L)5O'fARGE - 18LV %FT ►00 YEAR ITN ELEVATION - 61195 FT OVERTOPPING FREOUEMLI- 3000 MS- OVERTOPPlMC DISCHARGE - 3283 CFS OVERTOPPING ELEVATION - 62038 IT 1M OM HIM MEM MEIREINEMEMIPMECIRCIRtm MU ralt4INDST NAIMI��-- �!� PIE opE ME■1 ■ 4' .10% 1, 1\11 t =■ A I ■ 1 -•-• � � � T I ■� oc v a N E =4= a .`'4 �M�=top 0,. u Eal il mcgme M■ fl• RE 2■ fig■ =kV NM .2111 Ili WI Mril MIIIMINIM WaliiiiWiri MOM —_1iii K 27+00 28+00 29+00 30+00 31 + 00 32 + 00 33 + 00 34 + 00 35 +00 36 + 00 37+00 STA.37+00.00 'T --- --- MUM �i►rr�a � ■l - t� a � a 15.50 D G ADE fiCifillIMMixtmithiaM Eli111111111MiliMF1��� r ��► OEM ► . REM MEM Nil N■ FAN INN 1111 MI MRdd1Em 1.7 111 =■ 1 ► 1T S■�.`T���T�I D 1.0 I CULVERT HYDIRAULIC b4TA AEssis DISCHARGE -- 450 —CF5 DESAW FREWENCr - 25 TRS DISIGM IME ELEVAT 574.20 FT BASE DISCHARGE - 730 CFS BASE FREQUENCY — 100 rRs BASE ►iw ELEVATION - 57580 FT OVERTOPPING DSCHA r■ IV —as OVERTOPPING FREDUEACY- 500 YRS QVERTOFFIAG ELEVATIOw - 5780 — FT �.M1 6.9 PI 1111111=27111110 WAIWikZUNEE Effi 2' 5 ltaMi WIMPIP WWI IPMA �WW1MUM Mt= E= 111 1- IJJ W w w 0 J w Z J 37+00 38 +00 39+00 40+00 41 + 00 42 + 00 43 + 00 44+00 45 + 00 46 + 00 47+00 SENSITIVE DRAWINGS DO NOT SCAN HDR Engineering, Inc. of the Carolinas 440 S. Church Street, Suite 1000 Charlotte, NC 28202 704.338.6700 A 04/2112021 ISSUED FOR BIDS PROJECT MANAGER MATTHEW WERDER, PE DESIGNED BY MATTHEW WERDER, PE CHECKED BY BRAD TAYLOR, PE DRAWN BY HUNTER FREDERICK itirtt St E.?f• ¢� SEAL �s� • 046198 V #4g;GINEe..../ eS 48aIiiiii1►`�►`O • .co ass °°�f y��'�. SEAL �' 1. 029911 0 47 Stowe Regional WRRF Northern Access Road CHARLOTTE WTER 40' 0' ROADWAY PROFILE SHEET NORTHERN ACCESS ROAD 40' FILENAME SCALE STOWE_RDY_PFLI6.DGN AS SHOWN Figure 21 N.C.B.E.L.S. License Number F-0116 ISSUE DATE DESCRIPTION PROJECT NUMBER 10207739 SCALE: 1" = 40' LEG EN❑ Project Area Stream Impact Jurisdictional Streams =N=N=N Proposed Pipe Proposed Rip Rap tm_Aa.wEre_of Impact 14 - Stream 10 (NWP 14 - Section 404/401) permanent fill (culvert) 147 linear feet (0.01 ac.) I to NCSAM: MEDIUM Note: Impact 14 has not been previously permitted. FNCHARLOTTE W TEE SAW#: 2019-01988 Author: KTHAMES Date: 8/8/2022 Data Source: Preliminary road layout Basemap Source: NC OneMap Orthoimagery s 1 uvVE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS IMPACT 14 FIGURE 22 MIDIS DATA1GLS,PROJECTSS3018 CHARLOTTEWATERV10107228 LONGCREEI(WWTPT2 WIPWAP DOCSAIRONWP1UPDATE 20221022 IMPACT14JA%D USER: KTHAMES - DATE: Bl82022 PERMIT MODIFICATION AND PRELIMINARY JURISDICTIONAL DErERMINAIION SENSITIVE DRAWINGS DO NOT SCAN d= 1 Ft. b= 3 Ft. DETAIL A TOE PROTECTION ( Not to Scale) i Geotextile Type of Liner= CL B Rip -Rap FROM STA.57+00 TO STA.58+50 RT FROM STA. 61 +00 TO STA. 62 +00 RT <1001> 122 LF OF 24" RCP -III @ 8.3% CLASS 'B' RIP RAP EST. 2 TONS 7 SY GEO-TEXTILE — TOE PROTECTION W/CLASS 'B' RIP RAP EST 'lc TONS_ EST 120 SY GEO-TEXTILE SEE DETAIL A Outside Ditch Traffic Flow 5 = Ditch Slope <1002> 2' BASE SPECIAL CUT DITCH SEE DETAIL 10-1 TO FUTURE STOWE REGIONAL WRRF HDR Engineering, Inc. of the Carolinas 440 S. Church Street, Suite 1200 Charlotte, NC 28202 704.338.6700 N.C.B.E.L.S. License Number F-0116 ISSUE DATE CHARLOTTE WATER REMAINDER OF TRACT 3 MB 52 PG 643 DB 33201 PG 551 PID# 05306101 4 Proposed Ditch -NORTH- N 32'29'56.5°E TOE PROTECTION W/CLASS 'B' RIP RAP EST 18 TONS EST 60 SY GEO-TEXTILE SEE DETAIL A DESCRIPTION Natural Ground DETAIL 10-1 SPECIAL CUT BASE DITCH ( Not to Scale) DETAIL 10-3 BERM BASE DITCH ( Not to Scale) Natural Group Min. D=1 Ft. B = 2 Ft. b=5 Ft. — Front Ditch Slope FROM STA. 59+50 RT TO STA. 60+25 RT Min. D=1 Ft. Max. d =1 Ft. B=2 Ft. b = 5 Ft. Type of Liner= DETAIL 10-2 BERM BASE DITCH ( Not to Scale) Class 1 Rip -Rap FROM STA. 60+25 RT TO STA. 60+90 RT PROPOSED DUKE TRANSMISSION LINE EASEMEN PROJECT MANAGER MATTHEW WERDER, PE DESIGNED BY CHECKED BY DRAWN BY PROJECT NUMBER MATTHEW WERDER, PE BRAD TAYLOR, PE HUNTER FREDERICK 10207739 PROPOSED DUKE TRANSMISSION POLE (BY OTHERS) 2' BASE BERM DITCH SEE DETAIL 10-3 445' DUKE POWER COMPANY EASEMENT MB 52 PG 643 PRELIMINARY PLANS DO NOT USE FOR CONSTRUCTION PROPOSED LIGHT POLES AND CONDUIT, SEE ELECTRICAL PLANS 97 LF OF 18" DIP @ 14.2% W/2 ELBOW 2GI ' 1006> CLASS 'B' RIP RAP EST. 11 TONS FED 28 SY GEO-TEXTIL- FS SEE DETAIL B 16 LF OF 15" DIP @ 16.7% W/1 ELBOW Clop BDO 2' BERM BASE DITCH CLASS 'B' RIP RAP 22 EST TONS 66 SY GEO-TEXTILE SEE DETAIL 10-2 Pt Sta 59+88.55 ❑ = 29' 43' 29.7' (LT) D = 14' 19' 26.2'r L = 207.52' T = 106.15' R = 400.00' DS = 30 MPH TOE PROTECTION C' W/CLASS 'B' RIP RAP EST 53 TONS EST 180 SY GEO-TEXTIL SEE DETAIL A Cr% 19� TOE PROTECTION W/CLASS 'B' RIP RAP EST 12 TONS EST 40 SY GEO-TEXTILE SEE DETAIL A P1 Sta 62 f64J3 ❑ = 29' 43' 29.7' MT) D=14'19'26.2' L = 207.52' T = 106J5' R = 400.00' DS = 30 MPH Stowe Regional WRRF Northern Access Road CHARLOTTE WTER 20' SCALE: 1" = 20' 0' SEE SHEET 17 FOR -NORTH- PROFILE ROADWAY PLAN SHEET NORTHERN ACCESS ROAD 20' FILENAME SCALE STOWE_RDY_PSH10.DGN AS SHOWN Figure 23 Appendix B Appendix B — SAW-2019- 01988 General Permit Verifications (dated 05/28/2020 and 11/17/2021) U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-01988 County: Mecklenburg U.S.G.S. Quad: NC -Mount Holly GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Address: Telephone Number: E-mail: Size (acres) Nearest Waterway USGS HUC Charlotte Water Carl Wilson 5100 Brookshire Boulevard Charlotte, NC 28216 704-336-1083 cwilson(a)c ha rlottenc.gov 272 Long Creek 03050101 Location description: The review area Broome Street. Nearest Town Charlotte River Basin Santee Coordinates Latitude: 35.2819 Longitude: -81.0025 is located between the wastewater treatment plants at the terminus of Hawfield Road and Description of projects area and activity: This verification authorizes the grading and placement of fill material in 0.2 acre of wetlands to facilitate the construction of Stowe Regional Water Resource Recovery facility and associated infrastructure. This verification also authorizes the installation of sewer force main under the Catawba River by means of horizontal directional drill. Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 12. Utility Lines and NWP 14. Linear Transportation Projects SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accom plished in strict accordance with the enclosed Conditions, your application signed and dated 3/24/2020, and the enclosed plans Figures 3-10 and Plansheet 1-5 dated 3/23/2020. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact David L. Shaeffer at 704-510-1437 or david.l.shaeffer(7u,usace.armv.mil. Digitally signed by SHAEFFERDAVID.LEIGH.1260750573 • Corps Regulatory Official: Date- 2020.05.21 07:1649-04'00'Date: 5/28/2020 Expiration Date of Verification: 03/18/2022 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://eorpsmapu.usace.anriy.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: HDR, Incorporated Kelly Thames Address: 440 South Church Street, Suite 900 Charlotte, NC 28202 Telephone Number: 704-338-6710 E-mail: Kellv.tham es(a7hdrinc.com SAW-2019-01988 SPECIAL CONDITIONS a. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. Action ID Number: SAW-2019-01988 County: Mecklenburg Permittee: Charlotte Water, Carl Wilson Projcct Namc: Stowe Regional Water Resource Recovery Facility & Associated Infrastructure Protects Date Verification Issued: 5/28/2020 Projcct Manager: David L. Shaeffer Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: David L. Shaeffer Charlotte Regulatory Office U.S Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 or david.l.shaeffer@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittec Date Compensatory Mitigation Responsibility Transfer Form Permittee: Charlotte Water, Carl Wilson Action ID: SAW-2019-01988 Project Name: Stowe Regional Water Resource Recovery Facility & Associated Infrastructure Projects County: Mecklenburg Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03050101, Catawba River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.2 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03050101, Catawba River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.4 Mitigation Site Debited: City of Charlotte Umbrella Stream and Wetland Mitigation Bank (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from City of Charlotte Umbrella Stream and Wetland Mitigation Bank. confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 2/18/2020 was included with the preconstruction notification. This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Offke, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC27587 (email: todd.tugwell@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: USACE Field Office: Email: David L. Shaeffer Charlotte Regulatory Office US Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 david.l.shaeffer@usace.army.mil Digitally signed by SHAEFFER.DAVID.LEIG H.1260750573 Date: 2020.05.28 07:10:29 -04'00' 5/28/2020 USACE Project Manager Signature Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil E a 0 LEGEND Project Site Jurisdictional Streams Jurisdictional Wetlands Non-004 Isolated Wetland 750 1,500 existing Mt. Holly Water Reclamation Facility Mt. Holly Pumping Station (Phase l c) Proposed Forcemain� I (by horizontional directional drilling) (Phase l a) Proposed effluent structure (Phase 2a) FNCHARLOTTE W TEI Proposed Stowe RWRRF (Phase 2a) Proposed Road and Bridge (Phase 1 b) Proposed Equilization Basin (part of Stowe Headworks) (Phase 1 c) Service Layer Credits: NC Center for Geographic Information &Analysis Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Clariant entrance Clariant facility Proposed Road and Bridge (Phase l b) various utilities (by horizontional directional drilling) (Phase 2a) Existing Long Creek Pumping Station Stowe Headworks & Influent Pumping Station (Phase 1 c) Note: Depicted linework is from Prelminary Engineering Report design, and is not representative of final design. SAW#: 2019-01988 Author: KTHAMES Date: 3/20/2020 Data Source: Preliminary Engineering Report layout Basemap Source: NC OneMap Orthoimagery STOWE RWRRF & ASSOCIATED INFRASTRUCTURE PROJECTS PHASES 1A-1 C AND PHASE 2A FIGURE 3 NATIONWIDE PERMIT ...1_\ - -1-1•1Ai '.!!I Imo' LEGEND Proposed Forcemain (Phase 2b) Existing System (abridged) Existing Sewer (abridged) National Hydrography Dataset National Wetland Inventory 0 750 1,500 Feet PSSiCh1; PSS1Ah F)1 L1UBHh CHARLOTTE WLTER I PUBJ h N.-/tti Service Layer Credits: Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, MET1, Esri China (Hong Kong), (o) OpenStreetMap conbibutars, and the GIS User Community Copyright:® 2013 National Geographic Society, i-cubed PEM1Ch`�' • PSS1Fh SAW#: 2019-01988 Author:'<THAMES Date: 3/23/2020 Data Source: USGS 1:24,000-scale Quadrangles Belmont, NC and Charlotte West, NC; USFWS NWI; USGS NHD; and Mecklenburg County GIS Basemap Source: ESRA USA Topo Map - - 1 J J� W —4 f �7�iRl - / Le- ice. 1� STOWE RWRRF & ASSOCIATED INFRASTRUCTURE PROJECTS PHASE 2B FIGURE 4 Charlotte West USGS Quad PATH: SCLTSYAPAG6JMTA1Gr5WROJECT51901fi_CHARLOTTEWATERV101]T229 LOHGCREEKWWEPVT2 WPWAP_OOCSNIYOWWP1ORArTTCP PHASE2R.MHO • USER: KTHAMES • RATE: St2N21120 NATIONWIDE PERMIT LEGEND Project Area Permenant Impact Jurisdictional Wetlands Jurisdictional Stream Non-404 Isolated Wetland 400 800 existing Mt. Holly Water Reclamation Facility Mt. Holly Pumping Station (Phase lc) Proposed Forcemains (by horizontional directional drilling) (Phase 1 a) CHARLOTTE W.TER Duke Transmission Line (Phase 1 c) Proposed Road and Bridge (Phase lb) Clariant entrance Clariant facility Figure 7 Proposed Road and Bridge (Phase lb) Stowe Headworks & Influent Pumping Station (Phase 1 c) Proposed Equilization Basin (part of Stowe Headworks) (Phase 1 c) SAW#: 2019-01988 Author: KTHAMES Date: 3/23/2020 Data Source: Preliminary Engineering Report layout Basemap Source: NC OneMap Orthoimagery STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS PHASE 1 OVERVIEW FIGURE 5 IHVGIS DATAIGISVPROJECT519018 CVIfVRLOTTEWfVTERV10122229 LONGCREENWWTPf7.2 WIPYAAP DOCS.I%OWWRDRA172VIGS 1.M%D USER: NTIIAM ES DATE: 1)2912020 NATIONWIDE PERMIT LEGEND Project Area Permenant Impacts Jurisdictional Wetlands Odor Control Facility Proposed Edge of Pavement Limits of Disturbance 25 5o F�2 0 Mt Holly 2 Hrslorc Tuckenege& Ford Reg ronaI Park Impact 1 - Wetland 10 (Section 404) permanent impact (grade and fill) 0.04 ac SAW#: 2019-01988 Author: KTHAMES Date: 3/23/2020 Data Source: HDR GIS Files Basemap Source: NC OneMap Orthoimagery STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS CHARLOTTE PHASE 1A IMPACT W6TER Figure 6 NATIONWIDE PERMIT N. E N 4 E 0 LEGEND Project Area Permenant Impacts Limits of Disturbance Jurisdictional Wetlands Jurisdictional Stream Impact 3 - Wetland 5 (Section 404) permanent impact (fill) 0.01 ac SAW#: 2019-01988 Author: KTHAMES Date: 3/23/2020 Data Source: HDR GIS Files Basemap Source: NC OneMap Orthoimagery F�2 rn• Mt Holly HrslOrc Tuckesego& Ford Reg ronaI Park Palustrine Emergent Wetland (no clearing needed beneath bridge span) Impact 4 - Wetland 6 (Section 404) permanent impact (fill) 0.04 ac Adikmdl STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS CHARLOTTE PHASE 1B IMPACT W6TER Figure 7 NATIONWIDE PERMIT .tMap [Immunity 50 co 3 E 0 0 to rl ru ta w U co 4 C7 C7 cc 0 LEGEND Limits of Disturbance Permenant Impact 25 50 Feet Impact 5 - Wetland 8 (Non -Section 404) permanent impact (fill) 0.04 ac F�2 SAW#: 2019-01988 Author: KTHAMES Date: 3/23/2020 Data Source: HDR GIS Files Basemap Source: NC OneMap Orthoimagery STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS CHARLOTTE PHASE 1 B IMPACT W6TER Figure 8 NATION WIDE PERMIT 3 E a 31 1- co co O I co co 9 co 0 LEGEND Limits of Disturbance Permenant Impacts Jurisdictional Stream Jurisdictional Wetlands Impact 6 - Wetland 12 (Section 404) permanent impact (fill) 0.11 ac Palustrine Forested Wetlands (any trees will be removed non -mechanically and stumps left in -situ beneath bridge span; no impact) SAW#: 2019-01988 Author: KTHAMES Date: 3/23/2020 Data Source: HDR GIS Files Basemap Source: NC OneMap Orthoimagery F�2 bridge piling bridge span bridge piling STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS CHARLOTTE PHASE 1 B IMPACT W6TER Figure 9 NATIONWIDE PERMIT 9 a z LEGEND L J Project Area Permenant Impacts Jurisdictional Wetlands Jurisdictional Stream 0 200 400 ilk Feet Proposed Forcemains (by horizontional directional drilling) (Phase la) Impact 8 - Catawba River (Section 10/Section 404) Dock and HDD for effluent outfall. Anticipate <0.10 acre surface water impact to Catawba River F�2 Impact 7 - Wetland 9 (Non -Section 404) permanent impact (fill) 0.18 ac various utilities (by horizontional directional drilling) (Phase 2a) SAW#: 2019-01988 Author: KTHAMES Date: 3/23/2020 Data Source: Preliminary Engineering Report layout Basemap Source: NC OneMap Orthoimagery STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECTS CHARLOTTE PHASE 2A IMPACTS WATER Figure 10 NATIONWIDE PERMIT 1 ,-� / �1ll �f �f l ,� .� = - _`• 1 f 1 �- /ram 1 r1 7 1, 1 Lad t� y i y`rJ t�3s—Ifwti r � ?' 1 I 1,w ;�111111 r M� A1 1114E-8 S1rFE7110_FRR_Car-l�l] tc!'� / y {`c iJ%•� f rJJJV... � —1F11j ,✓ � 11 4.)firii !!(( I 1 �j�J,Ili,' 111 �l/I� 11� r 11111!' f /1 p'/( i; 111 lj j�l�' Ilt4 ; � 11 1 11 0 r111 i•f1 1� ''11111 411lrrfrrr! �l �. ill' 1�� ',1*. V.r \; I rflt,I I1r A , 11l111� l'.•11 �lliCt---' ' =�"� —� .N 1. .t1• `.ti 40. 41, Milk S ...omM T]r n1n...E au. 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Quad: NC -Mount Holly GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Address: Telephone Number: E-mail: Size (acres) Nearest Waterway USGS HUC Charlotte Water Carl Wilson 5100 Brookshire Boulevard Charlotte, NC 28216 704-336-1083 cwilson(7u,charlottenc.gov 272 Nearest Town Charlotte Long Creek River Basin Santee 03050101 Coordinates Latitude: 35.2819 Longitude: -81.0025 Location description: The review area is located between the wastewater treatment plants at the terminus of Hawfield Road and Broome Street. Description of projects area and activity: This verification authorizes the grading and placement of fill material in 0.23 acre of wetlands to facilitate the construction of Stowe Regional Water Resource Recover- facility and associated infrastructure. This verification also authorizes the installation of sewer force main under the Catawba River by means of horizontal directional drill. Applicable Law(s): Section 404 (Clean Water Act, 33 USC 1344) Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 12. Utility Lines and NWP 14. Linear Transportation Projects SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application signed and dated 3/24/2020, and the enclosed plans Figures 3-10 and Plansheet 1-5 dated 3/23/2020. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact David L. Shaeffer at 704-510-1437 or david.l.shaefer(a7usace.army.mil. PERMIT MODIFICATION --- 11/17/21 Bryan Roden -Reynolds Corps Regulatory Official: 2021.11.17 13:49:46-05'00' Date: 11/17/2021 Expiration Date of Verification: 03/18/2022 PERMIT MODIFICATION --- 11/17/21 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http : //c orp smapu.usac e. army mil/cm apex/f?p=13 6:4:0 Copy furnished: Agent: HDR, Incorporated Kelly Thames Address: 440 South Church Street. Suite 900 Charlotte, NC 28202 Telephone Number: 704-338-6710 E-mail: Kelly.thames@hdrinc.com SAW-2019-01988 SPECIAL CONDITIONS a. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. Action ID Number: SAW-2019-01988 County: Mecklenburg Permittee: Charlotte Water, Carl Wilson Project Name: Stowe Regional Water Resource Recovery Facility & Associated Infrastructure Projects Date Verification Issued: 11/17/2021 Project Manager: David L. Shaeffer Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: David L. Shaeffer Charlotte Regulatory Office U.S Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 or david.l.shaeffer@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date SAW-2019-01988 MEMORANDUM FOR RECORD SUBJECT: Department of the Army Memorandum Documenting General Permit Verification 1.0 Introduction and overview: Information about the proposal subject to one or more of the Corps regulatory authorities is provided in Section 1, detailed evaluation of the activity is found in Sections 2 through 4 and findings are documented in Section 5 of this memorandum. Further, summary information about the activity including administrative history of actions taken during project evaluation is attached (ORM2 summary). 1.1 Applicant name: Charlotte Water, Carl Wilson 1.2 Activity Iocation:Latitude: 35.2819 Longitude: -81.0025 Location description: The review area is located between the wastewater treatment plants at the terminus of Hawfield Road and Broome Street. 1.3 Description of activity requiring verification:This verification would authorize the grading and placement of fill material in 0.23 acre of wetlands to facilitate the construction of Stowe Regional Water Resource Recovery facility and associated infrastructure. This verification also authorizes the installation of sewer force main under the Catawba River by means of horizontal directional drill. 1.4 Is this an After -the -Fact verification? No. 1.5 Date PCN determined complete for processing 3/25/2020 1.6 Jurisdiction Determination completed? An Approved JD was completed on 5/28/2020. 1.7 Permit authority: Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403) and Section 404 of the Clean Water Act (33 USC 1344) 1.8 Applicable Permit: NWP 12. Utility Lines and NWP 14. Linear Transportation Projects 1.9 Activity requires written waiver of NWP limits? No. 1.10 Activity requires a waiver from the requirements of a regional conditions)? No. 2.0 Evaluation of the Pre -Construction Notification 2.1 Direct and indirect effects caused by the GP activity: The direct effects of the proposed activity in waters would include the Toss of jurisdictional waters (as specified in Section 1.3) and their associated aquatic resource functions. The proposed activity also has the potential to result in indirect effects to waters including excess sedimentation in downstream waters, disruption and/or killing of aquatic life in the direct vicinity of the project area, increase of downstream flows, and blocking/restricting aquatic life passage transiting in and through the project area. These indirect effects are expected to be minimal due to design criteria and Best Management Practices (BMPs) required by Nationwide Permit General and Regional Conditions. Additionally, indirect effects would be further reduced through the implementation of BMPs required by state, local, and Federal ordinances and regulations. SAW-2019-01988 2.2 Site specific factors: This area has a long history of intensive land use which has resulted in long term degradation to aquatic resources. Given the largely urban nature of the watershed, the waters within the project area provide important aquatic resource functions to downstream waters. The loss of these functions in this setting and in the proposed quantities necessitates compensatory mitigation to ensure that cumulative impacts to onsite and downstream aquatic resources are individually and cumulatively minimal. 2.3 Coordination 2.3.1 Was the PCN coordinated with other agencies? Yes. This PCN was coordinated with the USFWS for Section 7 ESA consultation. If yes, describe results including resolution of any concerns. Agency coordination with the USFWS is required for the Northern Long Eared Bat. However, the Corps is not required to wait for a response from the USFWS Asheville Office in accordance with local procedures. 2.3.2 Was the PCN coordinated with other Corps offices? No. 2.4 Mitigation 2.4.1 Provide brief description of how the activity has been designed on -site to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site:The applicant provided a detailed statement describing their efforts to avoid and minimized impacts to waters of the United States on the project site in the preconstruction notification. Based on this information, the Corps believes the applicant has avoid and minimized impacts to waters of the United State to the maximum extent practicable. 2.4.2 Is compensatory mitigation required for unavoidable impacts to jurisdictional aquatic resources to reduce the individual and cumulative adverse environmental effects to a minimal level? Yes. Provide rationale: Compensatory mitigation is required to ensure minimal adverse environmental effects. The loss of wetlands associated with the activity is greater than 0.10 acre. 2.4.3 Type and location of compensatory mitigation Is the impact in the service area of an approved mitigation bank? No. If yes, does the mitigation bank have appropriate number and resource type of credits available? No. Is the impact in the service area of an approved in -lieu fee program? Yes. If yes, does the in -lieu fee program have the appropriate number and resource type of credits available? Yes. SAW-2019-01988 Selected compensatory mitigation type/location(s): See Table 1 Table 1: Mitigation Type and Location Mitigation bank credits In -lieu fee program credits X Permittee-responsible mitigation under a watershed approach Permittee-responsible mitigation, on -site and in -kind Permittee-responsible mitigation, off -site and/or out of kind Does the selected compensatory mitigation option deviate from the order of the options presented in §332.3(b)(2)-(6)? No. 2.4.4 Amount of compensatory mitigation: 0.4 wetland credits Rationale for required compensatory mitigation amount: This amount of compensatory mitigation is necessary to replace the permanent loss of WOUS and temporal loss at the mitigation site. No NCWAM rating was provided so a 2:1 ratio would be used. 3.0 Compliance with Other Laws, Policies and Requirements 3.1 Section 7(a)(2) of the Endangered Species Act (ESA) 3.1.1 ESA action area: The action area includes the waters of the United States that will be directly affected by the proposed work or structures and uplands directly affected as a result of authorizing the work or structures. 3.1.2 Has another federal agency taken steps to document compliance with Section 7 of the ESA and completed consultation(s) as required? No. 3.1.3 Known species/critical habitat present? Yes. IPAC Species in Mecklenburg County: Name: Atlantic pigtoe (Fusconaia masoni) Status: Proposed Threatened Name: Carolina heelsplitter (Lasmigona decorata) Status: Endangered Name: Harperella (Ptilimnium nodosum) Status: Endangered Name: Michaux's sumac (Rhus michauxii) Status: Endangered Name: Northern Long -Eared Bat (Myotis septentrionalis) Status: Threatened Name: Schweinitz's sunflower (Helianthus schweinitzii) Status: Endangered Name: Smooth coneflower (Echinacea laevigata) Status: Endangered Effect determination(s), including no effect, for all known species/habitat, and basis for determination(s): Based on the latest version of the Natural Heritage Program's NHEO data and a site visit, there are no protected species located within or in the vicinity of the action area. Based on the NHEO data, a Corps field review, and a assessment conducted by the agent, the Corps has determined the proposed activity will not directly or indirectly affect any species subject to the ESA. 3.1.4 Consultation with either the National Marine Fisheries Service and/or the U.S. Fish and Wildlife Service was initiated and completed as required, for any determinations other than "no effect" (see the attached "Summary" sheet for begin date, end date and closure method of the consultation). SAW-2019-01988 The USACE reviewed this project in accordance with (IAW) the NLEB Standard Local Operating Procedures for Endangered Species (SLOPES) between the USAGE, Wilmington District, and the Asheville and Raleigh U.S. Fish and Wildlife Service (Service) Offices, and determined that the action area for this project is located outside of the highlighted areas/red 12-digit HUCs and activities in the action area do not require prohibited incidental take; as such, this project meets the criteria for the 4(d) rule and any associated take is exempted/excepted. IAW the NLEB SLOPES, the USACE sent a Situation 1 email to the Service on 5/27/2020, informing them about this project. Service Concurrence: as established in the NLEB SLOPES, this project does not require prohibited intentional take of the NLEB and it meets the criteria for the 4(d) rule; therefore any associated take is exempt and it is not necessary for the USACE to wait 30 days for the Service to object or concur. Based on a review of the information above, the Corps has determined that it has fulfilled its responsibilities under Section 7(a)(2) of the ESA. 3.2 Magnuson -Stevens Fishery Conservation and Management Act, Essential Fish Habitat (EFH) The NWPs/RGPs were coordinated with the NMFS during the permit renewal process. NMFS coordination/EFH consultation is required if the activity affects SAV. This activity does not affect SAV. Therefore, NMFS coordination/EFH consultation has been completed. 3.2.1 Has another federal agency taken steps to comply with EFH provisions of Magnuson -Stevens Act? No. 3.2.2 Did the proposed project require review under the Magnuson -Stevens Act? No. 3.3 Section 106 of the National Historic Preservation Act (Section 106) 3.3.1 Section 106 permit area:The permit area includes only those areas comprising waters of the United States that will be directly affected by the proposed work or structures. Activities outside of waters of the U.S. are not included because all three tests identified in 33 CFR 325, Appendix C(g)(1) have not been met. Final description of the permit area: The permit area is limited to impacted waters. 3.3.2 Has another federal agency taken steps to comply with Section 106 of the National Historic Preservation Act and completed consultation(s) as required? No. 3.3.3 Known cultural resource sites present and/or survey or other additional information needed? No. Based on the NCDCR "HPOWEB" service, aerial photographs, and a site visit, there are no known historic properties located in the permit area or in close proximity to the permit area. Effect determination and basis for that determination: The Corps has determined the proposed activity has no potential to cause effects to properties listed or eligible for listing in the National Register of Historic Places, because the project is located in areas that have been extensively modified. This activity is so limited in nature and scope that there is little likelihood of impinging upon a historic property even if such properties SAW-2019-01988 were present within the affected area(s). The site has been mass graded in most areas due to various past industrial land use. 3.3.4 Consultation was initiated and completed as required with the appropriate agencies, tribes and/or other parties for any determinations other than no potential to cause effects" (see the attached "Summary" sheet for consultation type, begin date, end date and closure method of the consultation). The Corps has determined that it has fulfilled its responsibilities under Section 106 of the NHPA. 3.4 Tribal Trust Responsibilities 3.4.1 Was government -to -government consultation conducted with Federally -recognized Tribe(s)? No. There are no known tribal interests in the project area. Provide a description of any consultation(s) conducted including results and how concerns about significant effects to protected tribal resources, tribal rights and/or Indian lands were addressed. The Corps has determined that it has fulfilled its tribal trust responsibilities. 3.4.2 Other Tribal including any discussion of Tribal Treaty rights? Select Yes or No. 3.5 Section 401 of the Clean Water Act — Water Quality Certification (WQC) 3.5.1 Is a Section 401 WQC required, and if so, has the certification been issued or waived? A general WQC has been issued for this permit. 3.6 Coastal Zone Management Act (CZMA) 3.6.1 Is a CZMA consistency concurrence required, and if so, has the concurrence been issued, waived or presumed? N/A, a CZMA consistency concurrence is not required. 3.7 Wild and Scenic Rivers Act 3.7.1 Is the projectlocated in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system? No. According to http://www.rivers.gov, the proposed project area is not within a designated or study river. 3.8 Effects on Corps Civil Works Projects (33 USC 408) 3.8.1 Does the applicant also require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil Works project? No, there are no Corps Civil Works project(s) in or near the vicinity of the proposal. 4.0 Special Conditions 4.1 Are special conditions required to ensure minimal effects, protect the public interest and/or ensure compliance of the activity with any of the laws above? Yes. 4.2 Required special condition(s) SAW-2019-01988 Special condition: a. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. Rationale:See Section 2.4.2. 5.0 Determination 5.1 Waiver request conclusion, if required or select N/A: N/A. 5.2 The activity, with the required mitigation, will result in no more than minimal individual and cumulative adverse effects on the aquatic environment and will not be contrary to the public interest, provided the permittee complies with the special conditions identified above. 5.3 This activity, as described, complies with all terms and conditions of the permits identified in Section 1.5. PPFPARFr1 RY• Bryan Roden -Reynolds 2021.11.17 13:49:24 -05'00' David L. Shaeffer Date: 11/17/2021 Compensatory Mitigation Responsibility Transfer Form Permittee: Charlotte Water, Carl Wilson Action ID: SAW-2019-01988 Project Name: Stowe Regional Water Resource Recovery Facility & Associated Infrastructure Projects County: Mecklenburg Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03050101, Catawba River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.2 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03050101, Catawba River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.4 Mitigation Site Debited: City of Charlotte Umbrella Stream and Wetland Mitigation Bank (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this farm. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from City of Charlotte Umbrella Stream and Wetland Mitigation Bank, confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 2/18/2020 was included with the preconstruction notification. This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC27587 (email: todd.tugwell@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: USACE Field Office: Email: David L. Shaeffer Charlotte Regulatory Office US Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 david.l.shaeffer@usace.army.mil Bryan Roden -Reynolds 2021.11.17 13:49:06-05'00' 11/17/2021 USACE Project Manager Signature Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil Appendix C Appendix C — DWR# 20-0405 401 Water Quality Certifications (dated 05/21/2020 and 01/31/2022) ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Mr. Joe Wilson, Charlotte Water 5100 Brookshire Blvd. Charlotte, NC 28216 NORTH CAROLINA Environmental Quality May 21, 2020 DWR# 20-0405 Mecklenburg County Subject: APPROVAL of 401 Water Quality Certification and Catawba Riparian Buffer Authorization with Additional Conditions; Stowe RWRR Project(s), PHASED Dear Mr. Wilson: You have our approval, in accordance with the General Certification and those conditions listed below, for the purpose proposed in your application dated March 4, 2020, and received by the Division of Water Resources (the Division) on March 25, 2020, and subsequent information on May 18, 2020. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 4139 which can be viewed on our web site at https:/ldeq.nc.gov/aboutldivisions/water-resourceslwater-resources- permitslwastewater-branch1401-wetlands-buffer-permits1401-401-isolated-wetlands-waters- program The General Certification allows you to use Nationwide Permit Number 39 once it is issued to you by the U.S. Army Corps of Engineers (COE). In addition, associated impacts are authorized by the Catawba Riparian Buffer Rule (15A NCAC 02B .0243 and the conditions listed below. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. The above noted Certification will expire when the associated 404 permit expires unless otherwise specified in the General Certification and Buffer Authorization. It is advised that all conditions of the Certification are reviewed prior to initiation of the project. In addition to the requirements of the Certification, you must also comply with the following conditions: 1. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new Certification/Authorization. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 300 linear feet, compensatory mitigation may be required. Additional buffer impacts may require compensatory mitigation as described in 15A NCAC .0244(9). If the property is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby responsible for complying with all conditions. 15A NCAC 02H .0506 and 15A NCAC 02B .0243(8), 15A NCAC 02H .0507 1:1E :rs••i::c,;•1! N.: 0.p.rhn.1 of Eiwrpianw. pualiry North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville. North Carolina 28115 704.663.1699 2. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. 15A NCAC 02H .0502 (e) 3. Approved Impacts: Type of Impact Amount Approved Temporary Impact Amount Approved Permanent Impact Open Water 0 0.1 acre Wetland (BLHWD) 0 acre 0.420 acre Catawba Buffer (Zone 1) 0 6410 sq. ft. Catawba Buffer (Zone 2) 0 4494 sq. ft. 4. Diversion Ditches and other storm water conveyances as related to the sediment and erosion control measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This includes interior/exterior slopes of sediment basins. 15A NCAC 02H .0506 (b)(3) and (c)(3) 5. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted. 15A NCAC 02H .0506 (b)(3) and (c)(3) 6. Stormwater discharge structures at this site shall be constructed in a manner such that the potential receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion of the stream banks. 15A NCAC 02H .0566(b)(5) 7. Use of native vegetation and other soft stream bank stabilization techniques is recommended where practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in the streambed, unless approved by DWR 8. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 15A NCAC 02H .0506(b)(3) 9. The permittee shall report to the Mooresville Regional Office any noncompliance with this certification, any violation of stream or wetland standards [including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. 15A NCAC 02B .0200 10. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2) 11. Upon completion of the project, the applicant shall complete and return a "Certificate of Completion" form to the 401/Wetlands Branch of the Division using the following link: https://edocs.deq.nc.gov/Forms/Certificate-of-Completion. 15A NCAC 02H .0507(c) This Certification can be contested as provided in Articles 3 and 4 of the General Statute 150B by filing a written petition for an administrative hearing to the Office of the Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-3000. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday, 8:00 am to 5:00 pm, excluding state holidays). The petitions may be faxed to the OAH at (919) 431-3100, provided the original and one (1) copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc.) Office of Administrative Hearings 1711 New Hope Church Rd. Raleigh, NC 27609-6285 One (1) copy of the petition must also be served on DEQ as follows: Mr. Bill Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review by the Division under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-1699. Sincerely, �DocuSigncd by: A .IiL4u H 1.: .ct ors 1F-bE Y 2L1b4..\3... Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Attachment cc: David Shaeffer, Army Corps of Engineers, Charlotte, email Kelly Thames, HDR, Kellv.thamesandrinc.com DWR 401 & Buffer Permitting Branch file MRO, Land Quality fo r CERTIFICATE OF COMPLETION NCDWR Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Wetland & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Engineer's Certification Partial Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date ROY COOPER Governor ELIZABETH S. BISER Secretary 5. DANIEL SMITH Director NORTH CAROLINA Environmental Quality January 31, 2022 DWR # 20-0405V2 Mecklenburg County Joseph Wilson Charlotte Water 5100 Brookshire Blvd. Charlotte, NC 28216 sent via email to: cwilson@charlottenc.gov Subject: Approval of Individual 401 Water Quality Certification Stowe Regional Water Resource Recovery Project Dear Mr. Wilson: Attached hereto is a copy of Certification No. WQC004614 issued to the City of Charlotte, dated January 31, 2022. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. (15A NCAC 02H .05070)(2)1 This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. DuparOu. nrE boomer Lai Qual North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville. North Carolina 25115 704.663.1699 Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Mooresville Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Mooresville Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be aware that impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Alan Johnson at 704-235-2200 or alan.lohnson@ncdenr.gov if you have any questions or concerns. Sincerely, �Docusigncd by A4.4nc4u H ors 1FbEY��zuaa:\s... W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ fo r NORTM WOOL I:A aepwwnorr rKaro.a�nr errrt� North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville. North Carolina 28115 704.663.1699 cc: Kelly Thames, HDR, email Bryan Rhoden Reynolds, USACE Regulatory Field Office, email Kelly Williams, DMS, email DWR 401 & Buffer Permitting Branch Electronic file NORT-� � WOOL M1A aepwwnorr rKaro.a�nr errrt� North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville. North Carolina 28115 704.663.1699 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC004614 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A NCAC 02B .0200, to City of Charlotte, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on November 12, 2022, and by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on December 17, 2021. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. (15A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream 27 (linear feet) Oa (linear feet) 404/401 Wetlands 0.229 (acres) n/a (acres) Isolated 0.22 (acres) n/a (acres) Catawba Buffer 1, 388 (sq ft., Zone 1) 927 (sq. ft., Zone 2) This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: 1. Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the City of Charlotee Umbrella Bank to meet this mitigation requirement. Until the City of Charlotte receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to the City of Charlotte Umbrella Mitigation Bank to meet the following compensatory mitigation requirement [15A NCAC 02H .0506(c)]: Compensatory Mitigation Required River and Sub -basin Number Stream n/a Oa Wetlands 0.229 (acres) Catawba (03050101) 2. Diversion Ditches and other storm water conveyances as related to the sediment and erosion control measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This includes interior/exterior slopes of sediment basins. 15A NCAC 02H .0506 (b)(3) and (c)(3) 3. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted. 15A NCAC 02H .0506 (b)(1) and15A NCAC 02H .502 (c) Awr'anrmi of Emlrvnmarial pualiiy North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville. North Carolina 28115 704.663.1699 4. The construction of the new/upgraded utility line sewer line in/through the area may result/encourage development along the construction corridor. Development of these parcels may impact additional waters and cause violations of downstream water quality standards. The secondary/cumulative impacts associated with this project must be adequately addressed by the applicant for any development/project defined in 15A NCAC 02H.1003) associated with this sewer system. Any storm water facilities, at minimum, must be designed to meet state guidelines or document that the project will not impact water quality. 15A NCAC 02H .0506(b)(1) 5. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 6. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code. Citation: 35A NCAC 02H .0506(b); 15.4 NCAC 02H .0507(c) 7. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the approved impacts (including temporary impacts). Citation: 15.4 NCAC 02H .0506; 15.4 NCAC 02H .0507(c) 8. Culverts (temporary/permanent) shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that they receive only flows above bankfull. Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage, then culvert burial into the streambed is not required. For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes of greater than 2.5% culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to ❑WR 30 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required, provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. NORTM WOOL M1A aepwwnorr rKaro.a�nr errrt� North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville. North Carolina 28115 704.663.1699 Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip -rap or other bank hardening methods. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 9. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 0213 .0200; 15A NCAC 02B .0231 10. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 0213 .0200; 15A NCAC 02B .0231 11. All proposed and approved temporary (including fill/culverts/riprap) impacts shall be removed and the impacted area(s) shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native vegetation and allow to naturalize. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c) 12. Any rip -rap required for proper culvert placement, stream stabilization, or restoration areas shall be restricted to the area approved within the application.. Soft/natural stabilization shall be utilized to the maximum extent practicable. All rip -rap shall be placed such that the original streambed elevation and streambank contours are restored and maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants. Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 13. Any rip -rap used for shoreline or streambank stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows, and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0201 14. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC Department of Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200 NORTM WOOL M1A aepwwnorr rKaro.a�nr errrt� North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville. North Carolina 28115 704.663.1699 15. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H .0506(b); 15A NCACO2H .0507(c); 15A NCAC 028 .0200; 15A NCAC 028 .0231 16. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15.4 NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231 17. The permittee shall report to the DWR Mooresville Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non- compliance circumstances. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 18. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I, WS-II, High Quality Waters (HOW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B .0200; 15A NCAC 0213 .0231 19. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two NORTM WOOL M1A aepwwnorr rKaro.a�nr errrt� North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville. North Carolina 28115 704.663.1699 (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 028 .0231 20. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 0213.0200; 15A NCAC 02B .0231 21. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen an surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCACO2H .0507(c); N.C.G.S 143-215.85(b) 22. The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 23. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available at the project site during the construction and maintenance of this project. Citation: 1.5.4 NCAC 02H .0506(b); 15A NCAC 02H .0507(c) This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(c)] This, the 31st day of January �DocuSigncd by: for W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ NORTM WOOL M1A aepwwnorr rKaro.a�nr errrt� North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville. North Carolina 28115 704.663.1699 Appendix D Appendix D — SAW-2019- 01988 AJD (dated 06/01/2020) and PJD (dated 12/07/2021) Requestor: Address: Telephone Number: E-mail: Size (acres) Nearest Waterway USGS HUC U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-01988 County: Mecklenburg U.S.G.S. Quad: NC- Mount Holl NOTIFICATION OF JURISDICTIONAL DETERMINATION Charlotte Water Joseph Wilson 5100 Brookshire Blvd. Charlotte, NC 28216 704-336-1083 cwilsonQ charlottenc.gov Nearest Town Charlotte River Basin Santee Coordinates Latitude: 35.2818 Longitude: -81.0023 Location description: The review area is located between the wastewater treatment plants at the terminus of Hawfield Road and Broome Street. The review area also includes Harts of the Catawba River and the Mount Holly Wastewater Treatment Plant. Mecklenburg County: 05305102. 05305103. 05305104. 05306101, 05306119, 05306117, Gaston County: 124524, 217834, 124527, 124512 272 Long Creek 03050101 Indicate Which of the Following Apply: A. Preliminary Determination ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity an the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction aver all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. El We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. SAW-2019-01988 The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated 3/18/2020. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. El The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. El There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. El The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact David L. Shaeffer at 704-510-1437 or david.I.shaeffer(a�usace.armv.m il. C. Basis For Determination: Basis For Determination: See the approved iurisdictional determination form dated 6/1/2020. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 7/31/2020. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** f ,� ,� 1 Digitasigned 6y ONESMOIAELSCOTT.12511314fl73 Corps Regulatory Official: �[ �VDigital),JoNE Date 2020.0601 1 i'00 Date of JD: 6/1/2020 Expiration Date of JD; 6/1/2025 SAW-2019-01988 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.anny.mil/cm_apex/Pp=136:4:C1 Copy furnished: Agent: HER Kelly Thames Address: 440 S. Church Street, Suite 900 Charlotte, NC 28202 Telephone Number: 704-338-6710 E-mail: kelly.thames(a7,hdrinc.com Property Owner: Charlotte Water Joseph Wilson Address: 5100 Brookshire Blvd. Charlotte. NC 28216 Telephone Number: 704-336-1083 E-mail: cwilson(7u,charlottenc.i ov NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Appiicant: Charlotte Water, Joseph Wilson File Number: SAW-2019-01988 1 Date: 6/1/2020 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D ji SECTION Additional or the PRELIMINARY JURISDICTIONAL DETERMINATION I - The following identifies your rights and options regarding an administrative appeal information may be found at or http://www.usace.army.milfMissions/CivilWorks/RegulatoryProgramandPermits.aspx E of the above decision. Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: F If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division Attn: David L. Shaeffer Charlotte Regulatory Office U.S Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 If you only have questions regarding the appeal process you may also contact: Mr. Phillip Shannin, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, consultants, to conduct investigations of the project site during the course of the appeal process. notice of any site investigation, and will have the opportunity to participate in all site investi and any government You will be provided a 15 day ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: David L. Shaeffer, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 6/1/2020 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Stowe Regional Water Resource Recovery Facility & Associated Infrastructure Projects, SAW-2019-01988 C. PROJECT LOCATION AND BACKGROUND INFORMATION: The review area is located between the wastewater treatment plants at the terminus of I lawfield Road and Broome Street. RPWs 1 and 7; Seasonal RPWs 2, 3, 4A, 4B, 5, 6, and 7; Wetlands 1 through 17. State: NC County/parish/borough: Mecklenburg City: Charlotte Center coordinates of site (lat/long in degree decimal format): Lat. 35.2819 , Long. -81.0025 Universal Transverse Mercator: Name of nearest waterbody: Long Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Name of watershed or Hydrologic Unit Code (HUC): 03050101 ® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. ❑ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different ID form: D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: Field Determination. Date(s): 11/15/2019 by the Corps SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There are "navigable waters of the U. S " within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] ❑ Waters subject to the ebb and flow of the fide. ® Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: The Catawba River at this location is listed on the Wilmington District list of navigable waters. B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply):' TNWs, including territorial seas ❑ Wetlands adjacent to TNWs Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs ENon-RPWs that flow directly or indirectly into TNWs ® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs Elmpoundments of jurisdictional waters ❑Isolated (interstate or intrastate) waters, including isolated wetlands h. Identify (estimate) size of waters of the U.S. in the review area: Non -wetland waters: 13,249 linear feet, wide, and/or 12.31 acres. Wetlands: 32.44 acres. c. Limits (boundaries) of jurisdiction based on: Established OIIWM Elevation of established OHWM (if known): Boxes checked below shall be supported by completing the appropriate sections in Section III below. 2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). 2. Non -regulated waters/wetlands (check if applicable):3 ® Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: Wetland 8 and Wetland 9 were determined to be isolated features due to lack of evidence of a surface water connection. The two onsite sludge ponds were determined to be constructed in uplands and not an impoundment of waters of the United States. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section 1II.A.1 and Section 111.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A_] and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identity TNW: Summarize rationale supporting determination: 2. Wetlandadjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterhody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. if the JD covers a tributary with adjacent wetlands, complete Section I1I.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.0 below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 31.5 square miles Drainage area: 31.5 square miles Average annual rainfall: 41.63 inches Average annual snowfall: 4 inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑Tributary flows directly into TNW. Tributary flows through 2 tributaries before entering TNW. Project waters are I (or less) river miles from TNW. Project waters are 1 (or less) river miles from RPW. Supporting documentation is presented in Section III.F. "Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid West. Project waters are 1 (or less) aerial (straight) miles from TNW. Project waters are 1 (or less) aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNW5: Seasonal RPWs 2, 3, 4A, 4B, 5, 6, and Perennial RPW 7 flow into Perennial RPW 1 (Long Creek) flows into Catawba River . Tributary stream order, if known: (b) General Tributary Characteristics (check all that apply): Tributary is: ®Natural ❑Artificial (man-made). Explain: ® Manipulated (man -altered). Explain: A portion of Perennial RPW 1 (Long Creek) was part of a stream restoration project. Tributary properties with respect to top of bank (estimate): Average width: 4 feet Average depth: 3 feet Average side slopes: 2:1. Primary tributary substrate composition (check all that apply): ® Silts 4 Sands ❑ Cobbles L Gravel ❑ Bedrock ❑ Vegetation. Type % cover: ❑ Other. Explain: ❑ Concrete Muck IZ� Tributarycondition/stability [e.g., highly eroding, sloughing banks]. Explain: Stable banks. Presence of run/riffle/pool complexes. Explain: Yes. Tributary geometry: Relatively straight Tributary gradient (approximate average slope): 2% (c) Flov�, Tributary provides for: Seasonal flow Estimate average number of flow events in review area/year: 11-20 Describe flow regime: Seasonal Other information on duration and volume: Surface flow is: Discrete and confined. Characteristics: Subsurface flow: Unknown. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ® Bed and banks OHWM6(check all indicators that apply): ®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.7 Explain: ❑ the presence of litter and debris ® destruction of terrestrial vegetation ®the presence of wrack line ® sediment sorting ® scor ❑ multiple observed or predicted flow events ® abrupt change in plant community 5Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary 6, which then flows into TNW. 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 7lbid. If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): ❑High Tide Line indicated by: Doll or scum line along shore objects ❑ fine shell or debris deposits (foreshore) ❑ physical markings/characteristics ❑ tidal gauges ❑ other (list): ❑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: Watershed is developed with residential and commercial properties as well as undeveloped forested areas. Identify specific pollutants, if known: None known. (iv) Biological Characteristics. Channel supports (check all that apply): ®Riparian corridor. Characteristics (type, average width): 20 feet ® Wetland fringe. Characteristics: Forested Wetlands. Habitat for: ❑Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ®Aquatic/wildlife diversity. Explain findings: Riparian corridor and wetland fringe provides habitat for common aquatic terrestrial species of the Carolina Piedmont. 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: 3.46 acres Wetland type. Explain: PFO and PEM Wetland quality. Explain: Good quality due to the number of native species. Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Intermittent flow Explain: (c) Surface flow is: Discrete and confined Characteristics: Subsurface flow: Unknown. Explain findings: ❑ Dye (or other) test performed: Wetland Adjacency Determination with Non-TNW: ®Directly abutting Not directly abutting ® Discrete wetland hydrologic connection. Explain: flow into and have overland sheetflow connections to RPWs. ® Ecological connection. Explain: Mature forested riprian corridor. ❑ Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are 1 (or less) river miles from TNW. Project waters are 1 (or less) aerial (straight) miles from TNW. Flow is from: Wetland to navigable waters. Estimate approximate location of wetland as within the 2-year or less floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Water is clear. Identify specific pollutants, if known: None identified. (iii) Biological Characteristics. Wetland supports (check all that apply): ®Riparian buffer. Characteristics (type, average width): Forested and hcrbcous wetlands. ®Vegetation type/percent cover. Explain: 90% ®Habitat for: ❑Federally Listed species. Explain findings: ❑ Fishlspawn areas. Explain findings: DOther environmentally -sensitive species. Explain findings: ®Aquatic/wildlife diversity. Explain findings: Riparian corridor and wetland fringe provides habitat for common aquatic terrestrial species of the Carolina Piedmont. 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: 4 Approximately 3.46 acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (YIN) Directly abuts? fY/N) Size (in acres) Wetlands 1, 3, 5, 7, 10, 11, 12, 13, 14, 16, 17 Y 29.00 Wetlands 2, 4, 6, 15 N 3.46 Summarize overall biological, chemical and physical functions being performed: Water storage and filtering. C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream food webs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: Wetlands 2, 4, 6, 15 occur in the floodplain of Perennial RPW 1 (Long Creek) and interchange water during flooding. D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ® TNWs: linear feet, wide, Or 3.5 acres. ❑ Wetlands adjacent to TNWs: acres. 2. 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: Perennial RPW 1( Long Creek) is a named blue line stream on the USGS map and has the characteristics of a perennial stream including a defined OHWM, defined bed/bank, supports fish/other wildlife. Perennial RPPW 7 flows into a wetland that abuts Perennial RPW 1 and has an OHWM, defined bed/bank and other indicators of perennial flow. ® Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year)are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Seasonal RPWs 2 through 6 have a defined OHWM, defined bed/hank, and other traits of seasonal flow. Provide estimates for jurisdictional waters in the review area (check all that apply): ®Tributary waters: 13,249 linear feet width varies. ❑ Other non -wetland waters: acres. Identify type(s) of waters: 3. Non-RPWsa that flow directly or indirectly into TNWs. ❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): ❑ Tributary waters: linear feet, wide. ❑ Other non -wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ® Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetlands 5, 7, 10,11,12,13, 14,16, and 17 abut Perennial RPW 1 (Long Creek). ® Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetland I abuts Seasonal RPW 2, which flows into and out of Wetland 1. Provide acreage estimates for jurisdictional wetlands in the review area: 22.10 acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ® Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: Wetlands 2, 3, 4, 6, and 15 - 6.86 acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.' As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. 'See Footnote 4 3. 9To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. ❑ Demonstrate that impoundment was created from "waters of the U.S.," or E 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 INTRASTATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):1° D which are or could be used by interstate or foreign travelers for recreational or other purposes. ❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ❑ which are or could be used for industrial purposes by industries in interstate commerce. ❑Interstate isolated waters. Explain: ❑ Other factors. Explain: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): ❑ Tributary waters: linear feet, wide. ❑ Other non -wetland waters: acres. Identify type(s) of waters: ❑ Wetlands: acres. F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. ❑ 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): Wetlands 8 and 9 found to be isolated. They appear to be old BMP sites that were not maintained and are found in upland areas. No overland or subsurface connection to other waters apparent. The site contains two sludge ponds constructed in uplands with no connection to downstream waters. Provide acreage estimates for non jurisdictional waters in the review area, where the saglg potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ❑ Non -wetland waters (i.e., rivers, streams):linear feet, wide. ❑ Lakes/ponds: acres. ❑ Other non -wetland waters: acres. List type of aquatic resource: ® Wetlands: Wetland 8 - 0.04 ac.; Wetland 9 - 0.18 acres. 2.53 acre sludge pond. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): ❑ Nan -wetland waters (i.e., rivers, streams):linear feet, wide. ❑ Lakes/ponds: acres. ❑ Other non -wetland waters: acres. List type of aquatic resource: ❑ Wetlands: SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Figures 6A-F dated 11/22/2019 ''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 Jurisdiction Following Rapanos. ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ® Office concurs with data sheets/delineation report. E 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: Mountain Island Lake, NC (1997) - 1:24,000; Mouth Holly, NC (1996) -1:24,000. ® USDA Natural Resources Conservation Service Soil Survey. Citation: NRCS Soil Survey of Mecklenburg County (NRCS 2017). ® National wetlands inventory map(s). Cite name: FWS National Wetlands Inventory (2017). ❑ State/Local wetland inventory map(s): ❑ FEMAIFIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: EAerial (Name & Date): Or ®Other (Name & Date): Site Photographs August 2, September 10 to 13, and September 20, 2019. ❑ 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: 141•Ti_Pi. Approximate Total Jurisdictional RPW Tributary: 13,248 linear feet Approximate Total Jurisdictional Wetlands: 33.53 acres Approximate Total Jurisdictional Open Water (Riverine): 3.5 acres (Catawba River) Approximate Total Isolated (Non-404) Wetlands: 0.22 acres Approximate Total Uplands: 229.5 acres Approximate Total Site Acreage: 272 acres Waters of the U.S. TNW Catawba River 3.5 acres Waters of the U.S. Wetland 16 PFO - Abutting 0.23 acre Waters of the U.S. Wetland 16 PEM - Abutting 0.07 acre Waters of the U.S. Wetland 15 -Abutting 0.96 acre CHARLOTTE W�TER Waters of the U.S. Wetland 3 PFO - Abutting 6.80 acres Sludge Pond - Non -Jurisdictional 0.29 acre Wetland 8 - Isolated 0.04 acre Sludge Pond - Non -Jurisdictional 2.24 acre Wetland 9 - Isolated 0.18 acre Waters of the U.S. Wetland 13 - Abutting 1.45 acres Service Layer Credits: NC Center for Geographic Information & Analysis PATH: NCLTSMAIRIGIS_DATA1GISIPROJECTSS1818_CHARLOTTEWATER4101]T]2S_LOHDCREEMISTPIT]_WIPMAP_HOCSIPAD 4JH141EHHrENT_DISS 18CA_LOHGCREEN_JHlIXH - USER: ICI -LAMES - DATE: 1,18t2028 Waters of the U.S. Seasonal RPW 6 295 If Waters of the U.S. Seasonal RPW 4B 289 If Waters of the U.S. Seasonal RPW 5 132 If Waters of the U.S. Perennial RPW 7 752 If Waters of the U.S. Perennial RPW 1 10,605 If Waters of the U.S. Wetland 7 - Abutting 13.31 acres Waters of the U.S. Wetland 10 - Abutting 5.78 acres Waters of the U.S. Wetland 11 - Abutting 0.16 acre Waters of the U.S. Wetland 12 -Abutting 0.31 acre Waters of the U.S. Wetland 14 -Abutting 0.83 acre Waters of the U.S. Wetland 3 PEM -Abutting 0.05 acre Waters of the U.S. Wetland 4 - Adjacent 0.11 acre aters of the U.S. Wetland 6 - Adjacent 0.02 acre LEGEND Waters of the U.S. Seasonal RPW 4A 751 If Waters of the U.S. Seasonal RPW 3 59 If Waters of the U.S. Seasonal RPW 2 365 If Waters of the U.S. Wetland 1 -Abutting 0.12 acre Waters of the U.S. Wetland 2 - Adjacent 3.28 acres Waters of the U.S. Wetland 5 - Abutting 0.05 acre SAW#: 2019-01988 Author: KTHAMES Date: 3/18/2020 Data Source: HDR GIS Shapefiles Basemap Source: NC OneMap Orthoimagery Project Site (272 acres) Jurisd ictional Perennial RPW Tributary Jurisdictional Seasonal RPW Jurisdictional Wetlands Non-404 Isolated Wetland Index Sheet Tributary a 375 750 ❑ELINEATOIN BOUNDARIES CREATED BY Feet GPS POINTS COLLECTED USING TRIMBLE GEO7XR STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT JURISDICTIONAL WATERS OF THE U.S. FIGURE 6A APPROVED JURISDICTIONAL DETERMINATION VERIFICATION PATH: PO_ • • CHARLOTTE W(ZTER Waters of the U.S. Seasonal RPW 4A 751 If Waters of the U.S. Wetland 3 PEM - Abutting 0.05 acre Waters of the U.S. Seasonal RPW 46 289 If Waters of the U.S. Wetland 3 PF❑ -Abutting 6.80 acres Waters of the U.S. Wetland 4 - Adjacen L 0.11 acre Service Layer Credits: NC Center for Geographic Information & Analysis ADAGIS_DATAIGIPPROJECTSL1018_CHARLOTTEWATER1101Si229_LORGCREEKNOWTPIT] VAPIAAP_DOCSW%D14JMAUERDYEHT_2020081866_LCRDCREEK_JDJUD - USER I THAJI ES - DATE: 318f2028 Waters of the U.S. Perenniall RPW 1 10,650 If Waters of the U.S. Seasonal RPW 3 59 If Waters of the U.S. Wetland 2 - Adjacent 3.28 acres Waters of the U.S. Seasonal RPW 2 365 If Waters of the U.S. Wetland 1 -Abutting 0.12 acre SAW#: 2019-01988 Author: KTHAMES Date: 3/18/2020 Data Source: HDR GIS Shapefiles Basemap Source: NC OneMap Orthoimagery Approximate Total Jurisdictional RPW Tributary: 13,248 linear feet Approximate Total Jurisdictional Wetlands: 33.53 acres Approximate Total Jurisdictional Open Water (Riverine): 3.5 acres (Catawba River) Approximate Total Isolated (Non-404) Wetlands: 0.22 acres Approximate Total Uplands: 229.5 acres Approximate Total Site Acreage: 272 acres Jurisdictional Perennial RPW Tributary Jurisdictional Seasonal RPW Tributary DELINEATOIN BOUNDARIES CREATED BY GP POINTS COLLECTED USIN G TRIMBLE GEOTXR STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT JURISDICTIONAL WATERS OF THE U.S. FIGURE 6B APPROVED JURISDICTIONAL DETERMINATION VERIFICATION Wetland Data Points ❑ELINEATOIN BOUNDARIES CREATED BY GPS POINTS COLLECTED USING TRIMBLE GEO7XR SAW#: 2019-01988 Author: KTHAMES Date: 3r 18/2020 Data Source: HDR GIS Shapefiles Basemap Source: NC OneMap Orthoimagery CHARLOTTE W�TER Jurisdictional Perennial RPW Tributary Jurisdictional Seasonal RPW Tributary Waters of the U.S. Wetland 3 PFO - Abutting 6.80 acres Waters of the U.S. Perennial RPW 1 10,605 If Approximate Total Jurisdictional RPW Tributary: 13,248 linear feet Approximate Total Jurisdictional Wetlands: 33.53 acres Approximate Total Jurisdictional Open Water (Riverine): 3.5 acres (Catawba River) Approximate Total Isolated (Non-404) Wetlands: 0.22 acres Approximate Total Uplands: 229.5 acres Approximate Total Site Acreage: 272 acres Service Layer Credits: NC Center for Geographic Information & Analysis PATH: NCLTSMAIRIGIS_DATA1GISIPROJECTSS1818_CHARLOTTEWATER4101]T]2S_LOHDCREEMISTPIT]_WIPMAP_HOCSIPAD 4JH141EHHrENT_DISS 18CC_LOHGCREEN_JHlIXH - USER: ICI -LAMES - DATE: 1,18t2028 Waters of the U.S. Seasonal RPW 6 295 If Waters of the U.S. Wetland 4 - Adjacent 0.11 acre Waters of the U.S. Wetland 6 - Adjacent 0.02 acre Waters of the U.S. Wetland 5 - Abutting 0.04 acre Waters of the U.S. Perennial RPW 1 10,605 If STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT JURISDICTIONAL WATERS OF THE U.S. FIGURE 6C APPROVED JURISDICTIONAL DETERMINATION VERIFICATION Jurisdictional Perennial RPW Tributary Jurisdictional Seasonal RPW Tributary DELINEATOIN BOUNDARIES CREATED BY GPS POINTS COLLECTED USING TRIMBLE GEOTXR PATH: PO_ CHARLOTTE W(ZTER Sludge Pond - Non -Jurisdictional 0.29 acre Wetland 8 - Non Jurisdictional/isolated 0.04 acre Approximate Total Approximate Total Approximate Total Approximate Total Approximate Total Approximate Total Jurisdictional RPW Tributary: 13,248 linear feet Jurisdictional Wetlands: 33.53 acres Jurisdictional Open Water (Riverine): 3.5 acres (Catawba River) Isolated (Non-404) Wetlands: 0.22 acres Uplands: 229.5 acres Site Acreage: 272 acres SAW#: 2019-01988 Author: KTHAMES Date: 3:18..2020 Data Source: HDR GIS Shapefiles Basemap Source: NC OneMap Orthoimagery Service Layer Credits: NC Center for Geographic Information & Analysis ADAGIS_DATAIGIPPROJECTSL1018_CHARLOTTEWATER1101Si229_LORGCREEKNOWTPIT] VAPIAAP_DOCSW%D14JMAUEHDYEHT_20200818®_LCRDCREEK_JDJUD - USER I THAJI ES - DATE: 318f2028 Waters of the U.S. Perennial RPW 1 10,605 If Waters of the U.S. Wetland 7 - Abutting 13.31 acres STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT JURISDICTIONAL WATERS OF THE U.S. FIGURE 6D APPROVED JURISDICTIONAL DETERMINATION VERIFICATION ��iui u1tieirnlr Approximate Total Jurisdictional RPW Tributary: 13,248 linear feet Approximate Total Jurisdictional Wetlands: 33.53 acres Approximate Total Jurisdictional Open Water (Riverine): 3.5 acres (Catawba River) Approximate Total Isolated (Non-404) Wetlands: 0.22 acres Approximate Total Uplands: 229.5 acres Approximate Total Site Acreage: 272 acres SAW#: 2019-01988 Author: KTHAMES Date: 318/2020 Data Source: HDR GIS Shapefiles Basemap Source: NC OneMap ❑rthoimagery PATH: PCL CHARLOTTE W(iTER l Waters of the U.S. Wetland 16 PFO - Abutting 0.23 acre Waters of the U.S. Wetland 16 PEM -Abutting 0.07 acre Waters of the U.S. Perennial RPW 1 10,605 If Service Layer Credits: NC Center for Geographic Information & Analysis AIRIGIS_DATAIGIPPROJECTSL1018_CHARLOTTEWATERI101Si229_LORGCREEKNOWfPIT] VAPIAAP_ROCSW%D14JM4REHDYEHT_202008186E_LONGCREER_JDADZD - USER: RTHAUES - DATE 3t1i12820 Wetland 9 - Non Jurisdictionallsolated 0.18 acre Jurisdictional Perennial RPW Tributary Jurisdictional Seasonal RPW Tributary GPS POINTS WERE COLLECTED USING TRIMBLE GEOTX AND POST -PROCESSED Waters of the U.S. Wetland 7 - Abutting 13.31 acres Waters of the U.S. Wetland 12 -Abutting 0.31 acre Waters of the U.S. Wetland 10 -Abutting 5.78 acres Waters of the U.S. Wetland 11 -Abutting 0.16 acre STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT JURISDICTIONAL WATERS OF THE U.S. FIGURE 6E APPROVED JURISDICTIONAL DETERMINATION VERIFICATION Jurisdictional Perennial RPW Tributary Jurisdictional Seasonal RPW Tributary GPS POINTS WERE COLLECTED USING TRIMBLE GEO7X AND POST -PROCESSED SAW#: 2019-01988 Author: KTHAMES I Date: 318/2020 I Data Source: HDR GIS Shapefiles Basemap Source: NC OneMap Orthoimagery Waters of the U.S. Wetland 15 - Abutting • 0.96 acre Approximate Total Jurisdictional RPW Tributary: 13,248 linear feet Approximate Total Jurisdictional Wetlands: 33.53 acres Approximate Total Jurisdictional Open Water (Riverine): 3.5 acres (Catawba River) Approximate Total Isolated (Non-404) Wetlands: 0.22 acres Approximate Total Uplands: 229.5 acres Approximate Total Site Acreage: 272 acres FY IkAZYiER Waters of the U.S. Wetland 14 -Abutting 0.83 acre Service Layer Credits: NC Center for Geographic Information & Analysis PATH: KLTSRAHRGIS_DATAGISIPROJECTSS1018_CHARLOTTEWATERUA13722S_LONGCREEICWISTPUJ_WIPRAP_DOCSMDLAJDLAIKHDISENT_DISSOMDCF_LONGCREEK_JDJUD - USER: ICMAIA ES - DATE: SOSt2020 Waters of the U.S. Perennial RPW 1 10,605 If Waters of the U.S. Wetland 13 -Abutting 1.45 acres Waters of the U.S. Wetland 11 -Abutting 0.16 acre Waters of the U.S. Wetland 12 - Abutting 0.31 acre STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT JURISDICTIONAL WATERS OF THE U.S. FIGURE 6F APPROVED JURISDICTIONAL DETERMINATION VERIFICATION Jurisdictional Perennial RPW Tributary Jurisdictional Seasonal RPW Tributary GPS POINTS WERE COLLECTED USING TRIMBLE GEO7X AND POST -PROCESSED CHARLOTTE W(ZTER SAW#: 2019-01988 Author: KTHAMES Date: 3.18..2020 Data Source: HDR GIS Shapefiles Basemap Source: NC OneMap Orthoimagery Approximate Total Approximate Total Approximate Total Approximate Total Approximate Total Approximate Total Note: Carolina Wetland Services reviewd the Mt. Holly side (Gaston County) on November 7, 2019 and March 10, 2020. Other than the Catawba River separating Gaston County and Mecklenbug Counties, no Waters of the US were observed. Waters of the U.S. Wetland 17 PFO -Abutting 0.2 acre (Figure 6e) Jurisdictional RPW Tributary: 13,248 linear feet Jurisdictional Wetlands: 33.53 acres Jurisdictional Open Water (Riverine): 3.5 acres (Catawba River) Isolated (Non-404) Wetlands: 0.22 acres Uplands: 229.5 acres Site Acreage: 272 acres Service Layer Credits: NC Center for Geographic Information & Analysis PATH: PCLTSMAIRIGIS_DATAIGISYPROJECTSL1018_CHARLOTTEWATERII P1]7229_LORGCREE%riWfPIT] ri1PIAAP_DOCSW%D14JM4REHDMEHT_202008186H_LCRDCREEK_JDlll[D - USER I THAJI ES - DATE: 318f2028 Waters of the U.S. TNW Catawba River 3.5 acres STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT JURISDICTIONAL WATERS OF THE U.S. FIGURE 6G APPROVED JURISDICTIONAL DETERMINATION VERIFICATION LEGEND Project Site (272 acres) Photographs ® Upland Data Points ® Wetland Data Points Jurisdictional Perennial RPW Tributary Jurisdictional Seasonal RPW Tributary Jurisdictional Wetlands Non-404 Isolated Wetland GPS POINTS WERE COLLECTED USING TRIMBLE GEO7X AND POST -PROCESSED CHARLOTTE W�TER Note: Carolina Wetland Services reviewd the Mt. Holly side (Gaston County) an November 7, 2019 and March 10, 2020. Other than the Catawba River separating Gaston County and Mecklenbug Counties, no Waters `of the US were observed. SAW#: 2019-01988 Author: KTHAMES Date: 3.18..2020 Data Source: HDR GIS Shapefiles Basemap Source: NC OneMap Orthoimagery Approximate Total Jurisdictional RPW Tributary: 13,248 linear feet Approximate Total Jurisdictional Wetlands: 33.53 acres Approximate Total Jurisdictional Open Water (Riverine): 3.5 acres (Catawba River) Approximate Total Isolated (Non-404) Wetlands: 0.22 acres Approximate Total Uplands: 229.5 acres Approximate Total Site Acreage: 272 acres Service Layer Credits: NC Center for Geographic Information & Analysis PATH: IICLTSMAIRIGIT_DATA1GISIPROJECTSS1818_CHARLOTTEWATER4101]722S_LOHDCREEMISTPIT]_WIPMAP_HOCSIPAD 4JH141EHHrENT_DT200318Q1_LOHGCREEN_JHlIXH - USER: ICI -LAMES - DATE: 1,18t2028 STOWE REGIONAL WRRF & ASSOCIATED INFRASTRUCTURE PROJECT JURISDICTIONAL WATERS OF THE U.S. FIGURE 6H APPROVED JURISDICTIONAL DETERMINATION VERIFICATION SAW-2019-01988 JD MODIFIED --- 12/07/21 Requestor: Address: Telephone Number: E-mail: Size (acres) Nearest Waterway USGS HUC U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-01988 County: Gaston U.S.G.S. Quad: NC -Mount Holly NOTIFICATION OF JURISDICTIONAL DETERMINATION Charlotte Water Joseph Wilson 5100 Brookshire Boulevard Charlotte, NC 28216 704-336-6710 cwilson@charlottenc.eov 95 Catawba River 03050101 Nearest Town Mount Holly River Basin Santee Coordinates Latitude: 35.283537 Longitude: -81.011336 Location description: The review area is located behveen the wastewater treatment Dlants at the terminus of Hawfield Road and Broome Street. Indicate Which of the Following Apply: A. Preliminary Determination There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 11/9/2021. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. El There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWAIRHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination El There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. El There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. El We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. SAW-2019-01988 .lD MODIFIED --- 12/07/21 ❑ The waters, including wetlands on your project arealproperty have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. El There are no waters of the U.S., to include wetlands, present on the above described project arealproperty which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 andlor 10 of the Rivers and Harbors Act (33 USC § 401 andlor 403). If you have any questions regarding this determination andlor the Corps regulatory program, please contact Bryan Roden -Reynolds at 704-510-1440 or bryan.roden-rynolds(ii usace.armv.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 12/7/2021. D. Remarks: None E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND PHILIP.A. SHANN1N@USAGE. ARMY.MIL In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA forma, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. * * SAW-2019-01988 JD MODIFIED 12/07/21 Corps Regulatory Official: Bryan Roden -Reynolds 2021.12.07 08:18:59-05'00' Date of JD: 12/7/2021 Expiration Date of JD: Not applicable The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at https://regulatory.ops.usace. army.millcustomer-service-survey/. Copy Furnished: Agent: HD Inc. Kellv Thames Address: 440 S. Church Street Charlotte, NC 28208 Telephone Number: 704-338-6710 E-mail: Kelly.thames(&,hdrinc.com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Charlotte Water. Joseph Wilson 1 File Number: SAW-2019-01988 1 Date: 12/7/2021 Attached is: See Section below INTTTAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C • APPROVED JURISDICTIONAL DETERMINATION D ® PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION Additional or the I - The following identifies your rights and options regarding an administrative appeal of the above decision. information may be found at or httn://www.usate.anuv.nuliMissions/CivilWorkslRe2ulatorvProaramandPernuts.asvx Corps regulations at 33 CFR Part 331. A: LNITIAL • signature rights • that PROFFERED PERMIT: You may accept or object to the permit. ACCEPT: If you received a Standard Permit, you may sign the permit document and return authorization. If you received a Letter of Permission (LOP), you may accept the LOP and on the Standard Permit or acceptance of the LOP means that you accept the permit to appeal the permit, including its terms and conditions, and approved jurisdictional permit. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions it to the district engineer for final your work is authorized. Your in its entirety, and waive all determinations associated with the therein, you may request return the form to the district date of this notice, or you will engineer will evaluate your permit to address some of your as previously written. After reconsideration, as indicated in the permit be modified accordingly. You must complete Section II of this form and engineer. Your objections must be received by the district engineer within 60 days of the forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district objections and may: (a) modify the permit to address all of your concerns, (b) modify the objections, or (c) not modify the permit having determined that the permit should be issued evaluating your objections, the district engineer will send you a proffered permit for your Section B below. B: PROFFERED PERMIT: Yon may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT completing engineer DENIAL: You may appeal the denial of a permit under the Corps of Engineers Section II of this form and sending the form to the division engineer. This form within 60 days of the date of this notice. Administrative Appeal Process by must be received by the division D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: preliminary JD. The Preliminary JD is not appealable. If you You do not need to respond to the Corps regarding the wish, you may request an approved JD (which may be appealed), you may provide new information for further consideration by the by contacting the Corps district for further instniction. Also Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division Attn: Bryan Roden -Reynolds Charlotte Regulatory Office U.S Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 If you only have questions regarding the appeal process you may also contact: MR. PHILIP A. SHANK N ADMINISTRATIVE APPEAL REVIEW OFFICER CESAD-PDS-O 60 FORSYTH STREET SOUTHWEST, FLOOR M9 ATLANTA, GEORGIA 30303-8803 PHONE: (404) 562-5136: FAX (404) 562-5138 EMAIL: PHILIP.A.SH.ANNINaUSACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, consultants, to conduct investigations of the project site during the course of the appeal process. notice of any site investigation, and will have the opportunity to participate in all site investi and any government You will be provided a 15-day ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Bryan Roden -Reynolds. 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 11/17/2021 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Charlotte Water, Joseph Wilson, 5100 Brookshire Boulevard, Charlotte, NC 28216 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Stowe Regional Water Resource Recovery Facility, SAW-2019-01988 D. PROJECT LOCATIONS) AND BACKGROUND INFORMATION: The review area is located between the wastewater treatment plants at the terminus of Hawfield Road and Broome Street. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Gaston City: Mount Holly Center coordinates of site (lat/long in degree decimal format): Latitude: 35.283537 Longitude: -81.011336 Universal Transverse Mercator: Name of nearest waterbody: Catawba River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: 11/17/21 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Feature Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non- wetland waters) 1 Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) Stream S8 35.28353700 -81.01133600 620 linear feet Non -wetland 404 Stream S9 35.28312800 -81.00953200 236 linear feet Non -wetland 404 Stream S10 35.28374800 -80.99669900 752 linear feet Non -wetland 404 Wetland W17 35.28319400 -81.00978400 0.15 acre Wetland 404 Wetland W10 35.281500 -81.002091 1.28 acres Wetland 404 Catawba River 35.283195 -81.009536 0.65 acre Non -wetland 404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD fords that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ®Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Figures 1- ❑ Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Carps 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: Figure 2, USGS Topographic Quadrangle (7.5- minute quadrangles Mount Holly and Mountain Island Lake, NC) ®Natural Resources Conservation Service Soil Survey. Citation: Figure 4, NRCS Soils Survey (Web Soil Survey of Mecklenburg County) ® National wetlands inventorymap(s). Cite name: Figure 5, NHD, NWI, and FEMA Floodplains (USFWS NWI Mapper) ❑ State/local wetland inventory map(s): ®FEMAIF1RMmaps: Figure 5. NHD. NWI. and FEMA Floodplains (National Flood Hazard Laver) ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ®Photographs: ® Aerial (Name & Date): Figure 1, Project Vicinity (Dated 11/09/21), Figure 3, Aerial Imagery and Mecklenburg County Parcels (Dated 11/09/211 and Figure 6, Potentially Jurisdictional Waters of the U.S. (Dated 11/09/21) or ® Other (Name & Date): Photographs 1-4 El Previous determination(s). File no. and date of response letter: ® Other information (please specify): NCDWO Stream Identification Forms. Version 4.11 (Dated 09/03/211 IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Bryan Roden -Reynolds 2021.12.07 08:18:26-05100' Signature and date of Regulatory staff member completing PJD 12/7/2021 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timefrarnes for requester to return signed PJD forms. Ifthe requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Appendix E Appendix E — PJD Modification Request Jurisdictional Determination Request US Army Corps of Engineers Wilmington District This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http:llwww.saw. usace.army. millMis sions/Re gulatoryPermitPro gramlContact/CountyLocator. aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number. (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number. (919) 562-0421 WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILNHNGTON REGULATORY HELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 INSTRUCTIONS: All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page 1 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: City, State: County: 1450 Belmeade Dr (map ID #1) Charlotte, NC 28214 Mecklenburg Parcel Index Number(s) (PIN): 05306101 B. REQUESTOR INFORMATION Name: Kelly Thames Mailing Address: Telephone Number: Electronic Mail Address: Select one: 440 5. Church Street, Suite 1200 Charlotte, NC 28202 704-338-6710 kelly.thames©hdrinc.com I am the current property owner. I am an Authorized Agent or Environmental Consultant1 Interested Buyer or Under Contract to Purchase Other, please explain. C. PROPERTY OWNER INFORMATION2 Name: City of Charlotte (Charlotte Water) Mailing Address: Telephone Number: Electronic Mail Address: 600 East 4th Street Charlotte, NC 28202 704-336-1083 cwilson©charlottenc.gov ' Must provide completed Agent Authorization FormlLetter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: City, State: County: 804 Hawfield Road (map ID #3) Charlotte, NC 28214 Mecklenburg Parcel Index Number(s) (PIN): 05306117 B. REQUESTOR INFORMATION Name: Kelly Thames Mailing Address: Telephone Number: Electronic Mail Address: Select one: 440 5. Church Street, Suite 1200 Charlotte, NC 28202 704-338-6710 kelly.thames©hdrinc.com I am the current property owner. I am an Authorized Agent or Environmental Consultant1 Interested Buyer or Under Contract to Purchase Other, please explain. C. PROPERTY OWNER INFORMATION2 Name: City of Charlotte (Charlotte Water) Mailing Address: Telephone Number: Electronic Mail Address: 600 East 4th Street Charlotte, NC 28202 704-336-1083 cwilson©charlottenc.gov ' Must provide completed Agent Authorization FormlLetter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION3.4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigne , am either a duly authorized owner of record of the property identified herein, or acting as '1ee dul 'authorized agent of the owner of record of the property. Print ine. Capacity: ' / ' /7' ? Date Signature Owner n Authorized Agents E. RE SON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. n I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. RA Corps JD is required in order obtain my Local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. I believe that the site may be comprised entirely of dry land. Other: 3 For NCDOT requests following the current NCDOTIUSACE protocols, skip to Part E. 4 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owners). Version: May 2017 Page 3 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: nla (map ID #2) City, State: Charlotte, NC 28214 County: Mecklenburg Parcel Index Number(s) (PIN): multiple (Figure 4, Appendix A) B. REQUESTOR INFORMATION Name: Kelly Thames Mailing Address: Telephone Number: Electronic Mail Address: Select one: 440 5. Church Street, Suite 1200 Charlotte, NC 28202 704-338-6710 kelly.thames©a hdrinc.com I am the current property owner. I am an Authorized Agent or Environmental Consultant1 Interested Buyer or Under Contract to Purchase Other, please explain. C. PROPERTY OWNER INFORMATION Name: Catawba Lands Conservancy (POC: S Mailing Address: Telephone Number: Electronic Mail Address: 4530 Park Rd, Ste 420 Charlotte, NC 28209 ' Must provide completed Agent Authorization FormlLetter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION3,4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Sean Bloom Print Name Capacity: ❑� Owner n Authorized Agent5 09-23-2019 Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) O I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. Q I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. ElA Corps JD is required in order obtain my loca1lstate authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. n I believe that the site may be comprised entirely of dry land. n Other: 3 For NCDOT requests following the current NCDOTUSACE protocols, skip to Part E. 4 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owners). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) z o I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). ElI am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS O Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. O Size of Property or Review Area 3 acres. ElThe property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. El REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: 35.280557 Longitude: -81.003385 A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 11x17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 ■ North Arrow ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ■ Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: ■ Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. ❑ Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) 6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. http:/Iwww.saw.usace.army.millMissionsfRegulatory-Permit- Program /Juri sdi ctionl Version: May 2017 Page 5 Jurisdictional Determination Request Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDs, please complete an Approved Jurisdictional Determination Forms Vicinity Map Aerial Photograph USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms Other Assessment Forms www.saw.usace.arrny.mil/Porta1s1591docslregulatorylregdocs/JDIRGL 08-02 App A Prelim JD Form fillable.pdf 8 Please see http:llwww.saw.usace.army.millMissions/Regulatory-Permit-Program/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department ofJustice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Kelly Thames, 440 S. Church St., Suite 1200, Charlotte, NC 28202 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Mecklenburg City: Charlotte Center coordinates of site (lat/long in degree decimal format): Lat.: 35.280557 Long.: Universal Transverse Mercator: NAD 83 Name of nearest waterbody: Long Creek ., a 1 E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: 0 Field Determination. Date(s): 4/15/22 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) W10 35.280134 -80.998660 0.40 ac. wetland Section 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be"navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ❑■ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: 0 Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ■❑ U.S. Geological Survey Hydrologic Atlas: ❑� USGS NHD data. ❑■ USGS 8 and 12 digit HUC maps. ❑■ U.S. Geological Survey map(s). Cite scale & quad name: 1:24k Mt. Holly, NC and Mountain Island Lake, NC ❑� Natural Resources Conservation Service Soil Survey. Citation: Gaston and Mecklenburg counties ❑■ National wetlands inventory map(s). Cite name: HUC 03050101 ❑ State/local wetland inventory map(s): ❑■ FEMA/FIRM maps: 3710359600L, 3710450600E ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ❑■ Photographs: ❑ Aerial (Name & Date): or ❑■ Other (Name & Date): site photographs dated 4/15/2022 ❑■ Previous determination(s). File no. and date of response letter: 2019-01988 (12/7/2021) ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory staff member completing PJD /eau -Thaws 08/11/2022 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. U.S. Army Corps of Engineers WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region See ERDC/EL TR-12-9; the proponent agency is CECW-CO-R OMB Control #: 0710-0024, Exp:11/30/2024 Requirement Control Symbol EXEMPT: (Authority: AR 335-15, paragraph 5-2a) Project/Site: Stowe Regional Water Resource Recovery Facility Applicant/Owner: Charlotte Water City/County: Charlotte / Mecklenburg Investigator(s): Paul Bright Landform (hillside, terrace, etc.): floodplain Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.280257 Section, Township, Range: N/A Sampling Date: 4/15122 State: NC Sampling Point: ❑P1 Local relief (concave, convex, none): concave Slope (%) 0-1 Soil Map Unit Name: Monacan loam, 0 to 2 percent slopes, frequently flooded Long:-80.998509 Datum: NAD83 Are climatic / hydrologic conditions on the site typical for this time of year? NWI classification: DP1 Yes X No (If no, explain in Remarks.) Are Vegetation , Soil , or Hydrology X significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation , Soil , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Hydric Soil Present? Wetland Hydrology Present? Yes X No Yes X No Yes X No Is the Sampled Area within a Wetland? Yes X Na Remarks: ❑P1 is representative of Wetland 10, which is a continuation of an existing and previoulsy verified wetland. Climatic/hydrologic conditions were normal as determined by the Antecedent Precipitation Tool. Beaver activity downstream has created long-term inundation within Wetland 1. HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one is required: check all that apply) Secondary Indicators (minimum of two required) Surface Soil Cracks (B6) Concave Surface (B8) (C2) Aerial Imagery (C9) Plants (D1) (D2) (D4) X Surface Water (Al) True Aquatic Plants (B14) Sparsely Vegetated X High Water Table (A2) X Hydrogen Sulfide Odor (C1) X Drainage Patterns (B10) X Saturation (A3) Oxidized Rhizospheres on Living Roots (C3) Trim Lines (B16) _Moss X Water Marks (B1) Presence of Reduced Iron (C4) Dry -Season Water Table _ _ Sediment Deposits (B2) Recent Iron Reduction in Tilled Soils (CO) Crayfish Burrows (C8) _ _ X Drift Deposits (B3) Thin Muck Surface (C7) Saturation Visible on Mat or Crust (B4) Other (Explain in Remarks) Stunted or Stressed _Algal Deposits (B5) X Geomorphic Position _Iron X Inundation Visible on Aerial Imagery (B7) Shallow Aquitard (D3) X Water -Stained Leaves (B9) Microtopographic Relief _ Aquatic Fauna (B13) X FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes X No Depth (inches): 3 Wetland Hydrology Present? Yes X No Water Table Present? Yes X No Depth (inches): 0 Saturation Present? Yes X No Depth (inches): 0 (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Wetland hydrology indicators are present. ENG FORM 6116-4, JUL 2018 Eastem Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) — Use scientific names of plants. Sampling Point: DP1 Absolute Dominant Indicator Tree Stratum (Plot size: 30 } % Cover Species? Status 1_ Salix nigra 40 Yes OBL 2_ 3_ 4_ 5_ 6_ 7_ 40 =Total Cover 50% of total cover: 20 20% of total cover: 8 Sapling/Shnlb Stratum (Plot size: 15 1_ Ligustrum sinense 20 Yes FACU 2_ Liquidambar sfyraciflua 20 Yes FAC 3_ 4_ 5_ 6_ 7_ 8_ 9_ 40 =Total Cover 50% of total cover: 20 20% of total cover: 8 Herb Stratum (Plot size: 5 ) 1. Microstegium vimineum 4fl Yes FAC 2_ Juncus effusus 15 Yes FACW 3_ Impatiens capensis 5 No FACW 4_ 5_ 6_ 7_ 8_ 9_ 10. 11. 60 =Total Cover 50% of total cover: 30 20% of total cover: 12 Woody Vine Stratum (Plot size: 30 1_ Lonicera japonica 10 Yes FACU 2_ 3_ 4_ 5_ 10 =Total Cover 50% of total cover: 5 20% of total cover: 2 Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 4 (A) Total Number of Dominant Species Across All Strata: 6 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 66.7% (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species 40 x 1 = 40 FACW species 20 x 2 = 40 FAC species 60 x 3 = 180 FACU species 30 x 4 = 120 UPL species 0 x 5 = 0 Column Totals: 150 (A) 380 (B) Prevalence Index = B!A = 2.53 Hydrophytic Vegetation Indicators: 1 - Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% X 3 - Prevalence Index is 53.0' 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree — Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub— Woody plants, excluding vines, less than 3 in_ DBH and greater than or equal to 3.28 ft (1 m) tall. Herb — All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody Vine — All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet) Hydrophytic vegetation is dominant. ENG FORM 6116-4, JUL 2018 Eastem Mountains and Piedmont — Version 2.0 SOIL Sampling Point: DP1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth (inches) Matrix Color (moist) 0-2 10YR 411 2-20 10YR 5/1 Redox Features % Color (moist) 100 Type' Loc2 90 10YR 4/6 10 C M 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Texture Remarks Loamy/Clayey Loamy/Clayey Prominent redox concentrations 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Histosol (A1) Histic Epipedon (A2) Black Histic (A3) X Hydrogen Sulfide (A4) Stratified Layers (A5) 2 cm Muck (A10) (LRR N) _ Depleted Below Dark Surface (A11) Thick Dark Surface (Al2) Sandy Mucky Mineral (S1) Sandy Gleyed Matrix (S4) Sandy Redox (S5) Stripped Matrix (S6) Dark Surface (S7) Polyvalue Below Surface (S8) (MLRA 147, 148) Thin Dark Surface (S9) (MLRA 147, 148) Loamy Mucky Mineral (F1) (MLRA 136) _ Loamy Gleyed Matrix (F2) X Depleted Matrix (F3) Redox Dark Surface (F6) Depleted Dark Surface (F7) _ Redox Depressions (F8) Iron -Manganese Masses (F12) (LRR N, MLRA 136) Umbric Surface (F13) (MLRA 122, 136) Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147, 148) Indicators for Problematic Hydric Soils3: 2 cm Muck (A10) (MLRA 147) Coast Prairie Redox (A16) (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) _ Red Parent Material (F21) (outside MLRA 127, 147, 148) Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X Na Remarks: Hydric soil indicators are present. ENG FORM 6116-4, JUL 2018 Eastem Mountains and Piedmont — Version 2.0 U.S. Army Corps of Engineers WETLAND DETERMINATION DATA SHEET - Eastern Mountains and Piedmont Region See ERDC/EL TR-12-9; the proponent agency is CECW-CO-R OMB Control #: 0710-0024, Exp:11/30/2024 Requirement Control Symbol EXEMPT: (Authority: AR 335-15, paragraph 5-2a) Project/Site: Stowe Regional Water Resource Recovery Facility Applicant/Owner: Charlotte Water City/County: Charlotte / Mecklenburg Investigator(s): Paul Bright Landform (hillside, terrace, etc.): floodplain Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.280343 Section, Township, Range: N/A Sampling Date: 4/15122 State: NC Sampling Point: ❑P2 Local relief (concave, convex, none): convex Slope (%): 0-1 Soil Map Unit Name: Monacan loam, 0 to 2 percent slopes, frequently flooded Long:-80.998460 Datum: NAD83 Are climatic / hydrologic conditions on the site typical for this time of year? NWI classification: DP2 Yes X No (If no, explain in Remarks.) Are Vegetation , Soil , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation , Soil , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Hydric Soil Present? Yes No X Wetland Hydrology Present? Yes No X Is the Sampled Area within a Wetland? Yes No X Remarks: DP2 is representative of a non -jurisdictional upland area adjacent to Wetland 10. Climatic/hydrologic conditions were normal as determined by the Antecedent Precipitation Tool. HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one is required: check all that apply) Secondary Indicators (minimum of two required) Surface Soil Cracks (B6) Concave Surface (B8) (C2) Aerial Imagery (C9) Plants (D1) (D2) (D4) Surface Water (A1) True Aquatic Plants (B14) Sparsely Vegetated — High Water Table (A2) Hydrogen Sulfide Odor (C1) Drainage Patterns (B10) — _ _ (A3) Oxidized Rhizospheres on Living Roots (C3) Trim Lines (B16) _Saturation _Moss Water Marks (B1) Presence of Reduced Iron (C4) Dry -Season Water Table _ _ _ Sediment Deposits (B2) Recent Iron Reduction in Tilled Soils (C6) Crayfish Burrows (C8) _ _ Drift Deposits (B3) Thin Muck Surface (C7) Saturation Visible on _ Mat or Crust (B4) Other (Explain in Remarks) Stunted or Stressed _Algal Deposits (B5) X Geomorphic Position _Iron Inundation Visible on Aerial Imagery (B7) Shallow Aquitard (D3) _ Water -Stained Leaves (B9) Microtopographic Relief _ _ Aquatic Fauna (B13) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No x Depth (inches): Wetland Hydrology Present? Yes No X Water Table Present? Yes No x Depth (inches): Saturation Present? Yes No x Depth (inches): (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Wetland hydrology indicators are absent. ENG FORM 6116-4, JUL 2018 Eastem Mountains and Piedmont - Version 2.0 VEGETATION (Four Strata) — Use scientific names of plants. Sampling Point: DP2 Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status 1_ dicer rubrum 15 Yes FAC 2_ Liquidambar styraciflua 10 Yes FAC 3_ Tagus grandifolia 5 No FACU 4_ 5_ 6_ 7_ 30 =Total Cover 50% of total cover: 15 20% of total cover: 6 Sapling/Shrub Stratum (Plot size: 15 1_ Ligustrum sine, se 10 Yes FACU 2_ Liquidambar styraciflua 5 Yes FAC 3_ 4_ 5_ 6_ 7_ 8_ 9_ 15 =Total Cover 50% of total cover: 8 20% of total cover: 3 Herb Stratum (Plot size: 5 1. Microstegium vimineum 10 Yes FAC 2. 3_ 4_ 5_ 6_ 7_ 8_ 9_ 10. 11. 10 =Total Cover 50% of total cover: 5 20% of total cover: 2 Woody Vine Stratum (Plot size: 30 1_ Lonicera japonica 15 Yes FACU 2_ 3_ 4_ 5_ 15 =Total Cover 50% of total cover: 8 20% of total cover: 3 Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 4 (A) Total Number of Dominant Species Across All Strata: 6 (B) Percent of Dominant Species That Are DBL, FACW, or FAC: 66.7% (NB) Prevalence Index worksheet: Total % Cover of: Multiply by: DBL species 0 x 1 = 0 FACW species 0 x 2 = 0 FAC species 40 x 3 = 120 FACU species 30 x 4 = 120 UPL species 0 x 5 = 0 Column Totals: 70 (A) 240 (B) Prevalence Index = B/A = 3.43 Hydrophytic Vegetation Indicators: 1 - Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% 3 - Prevalence Index is 53.0' 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree— Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub— Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb — All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody Vine — All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) Hydrophytic vegetation is dominant. ENG FORM 6116-4, JUL 2018 Eastem Mountains and Piedmont — Version 2.0 SOIL Sampling Point: DP2 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth (inches) Matrix Color (moist) 0-20 10YR 514 Redox Features % Color (moist) 100 Type' Loc2 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Texture Remarks LoamylClayey 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Histosol (A1) _ Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) 2 cm Muck (A10) (LRR N) _ Depleted Below Dark Surface (A11) Thick Dark Surface (Al2) Sandy Mucky Mineral (S1) Sandy Gleyed Matrix (S4) Sandy Redox (S5) Stripped Matrix (S6) Dark Surface (S7) Polyvalue Below Surface (S8) (MLRA 147, 148) Thin Dark Surface (S9) (MLRA 147, 148) Loamy Mucky Mineral (F1) (MLRA 136) Loamy Gleyed Matrix (F2) Depleted Matrix (F3) Redox Dark Surface (F6) Depleted Dark Surface (F7) Redox Depressions (F8) Iron -Manganese Masses (F12) (LRR N, MLRA 136) Umbric Surface (F13) (MLRA 122, 136) Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147, 148) Indicators for Problematic Hydric Soils3: 2 cm Muck (A10) (MLRA 147) Coast Prairie Redox (A16) (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) _ Red Parent Material (F21) (outside MLRA 127, 147, 148) Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes Na X Remarks: Hydric soil indicators are absent. ENG FORM 6116-4, JUL 2018 Eastem Mountains and Piedmont — Version 2.0 Antecedent Precipitation vs Normal Range based on NOAAIs Daily Global Historical Climatology Network Oct 2021 Dec 2021 Coordinates 35.280257, -80.998509 Observation Date 2022-04-15 Elevation (ft) 571.01 Drought Index (PDSI) Moderate drought WebWIMP H2O Balance Wet Season Figure and tables made by the Antecedent Precipitation Tool Version 1.0 Written by Jason Deters U.S. Army Corps of Engineers r ri Jan 2022 2022-02 n_ Feb 2022 622-LB-1 1 V Mar 2022 1 Apr 2022 15 May 2022 - Daily Total - 30-Day Rolling Total 30-Year Normal Range Aug 2022 30 Days Ending 30th %ile (in) 70th %ile (in) Observed (in) Wetness Condition Condition Value Month Weight Product 2022-04-15 2.888583 4.579134 4.496063 Normal 2 3 6 2022-03-16 2.559055 4.026378 4.72441 Wet 3 2 6 2022-02-14 2.189764 4.051969 2.433071 Normal 2 1 2 Result Normal Conditions - 14 Weather Station Name Coordinates Elevation (ft) Distance (mi) Elevation ❑ Weighted A Days (Normal) Days (Antecedent) MT HOLLY 4 NE 35.3339, -80.9867 609.908 3.766 38.898 1.841 10846 86 CHARLOTTE 8.9 NW 35.2753, -80.9597 758.858 2.216 187.848 1.413 0 2 BELMONT 0.4E 35.249, -81.0335 673.885 2.926 102.875 1.618 423 2 CHARLOTTE 9.2 WNW 35.2264, -80.993 600.066 3.734 29.056 1.789 6 0 MOUNT HOLLY 4.8 E 35.3073,-80.9469 674.869 3.459 103.859 1.916 2 0 MC ADENVILLE 35.2625, -81.0778 609.908 4.638 38.898 2.268 4 0 MOUNT HOLLY 4.4 ENE 35.3302, -80.96 729.003 4.077 157.993 2.479 35 0 CHARLOTTE DOUGLAS AP 35.2236, -80.9553 728.018 4.612 157.008 2.799 37 0 NC SAM FIELD ASSESSMENT RESULTS Accompanies User Manual Version 2.1 USACE AID #: NCDWR #: INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT/SITE INFORMATION: 1. Project name (if any): Stowe RWRRF 2. Date of evaluation: 4/15/22 3. Applicant/owner name: Charlotte Water 4. Assessor name/organization: 5. County: Mecklenburg 6. Nearest named water body 7. River basin: Catawba on USGS 7.5-minute quad: 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.280091 °,-80.999044° Paul Bright/HDR Long Creek STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): Stream 7 10. Length of assessment reach evaluated (feet): 200 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 3-4 ['Unable to assess channel depth. 12. Channel width at top of bank (feet): 6-10 13. Is assessment reach a swamp steam? ['Yes ❑Na 14. Feature type: ®Perennial flow ❑Intermittent flow ['Tidal Marsh Stream STREAM CATEGORY INFORMATION: 15. NC SAM Zone: ❑ Mountains (M) ® Piedmont (P) ❑ Inner Coastal Plain (I) 16. Estimated geomorphic valley shape (skip for Tidal Marsh Stream): 17. Watershed size: (skip for Tidal Marsh Stream) ADDITIONAL INFORMATION: 16. Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑ Outer Coastal Plain (0) ['Section 10 water ['Essential Fish Habitat ❑Publicly owned property ❑Anadromous fish ®AL 1 ❑B (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) ['Size 1 (< 0.1 mi2) ['Size 2 (0.1 to < 0.5 mil) ®Size 3 (0.5 to < 5 mil) ['Size 4 [? 5 mi2) ❑Classified Trout Waters ['Primary Nursery Area ❑ NCDWR Riparian buffer rule in effect O 303(d) List ❑ Water Supply Watershed (El Ell 0111 DIV DV) ❑ High Quality Waters/Outstanding Resource Waters ['Nutrient Sensitive Waters ❑ LAMA Area of Environmental Concern (AEC) ['Documented presence of a federal and/or state listed protected species within the assessment area. List species: ['Designated Critical Habitat (list species) 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? ®Yes ❑No 1. Channel Water - assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) ZA Water throughout assessment reach. DB No flow, water in pools only. ❑C No water in assessment reach. 2. Evidence of Flow Restriction - assessment reach metric ZA At least 10% of assessment reach in -stream habitat or riffle -pool sequence is severely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates, debris jams, beaver dams). DB NotA 3. Feature Pattern - assessment reach metric DA A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). ZB NotA 4. Feature Longitudinal Profile - assessment reach metric DA Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). ®B NotA 5. Signs of Active Instability - assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). ®A < 10% of channel unstable DB 10 to 25% of channel unstable ❑C > 25% of channel unstable 6. Streamside Area Interaction — streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB ®A ®A Little or no evidence of conditions that adversely affect reference interaction ❑ B ❑B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) ❑ C ❑C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much fioodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide 7. Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. DA Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) ❑ B Excessive sedimentation (burying of stream features or intertidal zone) ❑ C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem ❑ D Odor (not including natural sulfide odors) ❑ E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch" section. O F Livestock with access to stream or intertidal zone ❑G Excessive algae in stream or intertidal zone ❑H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc) ®I Other: (explain in "Notes/Sketch" section) ❑ J Little to no stressors 8. Recent Weather — watershed metric (skip for Tidal Marsh Streams) For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. DA Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours O B Drought conditions and rainfall exceeding 1 inch within the last 48 hours ®C No drought conditions 9. Large or Dangerous Stream — assessment reach metric ['Yes ®Na Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types — assessment reach metric 10a. ❑Yes ®Na Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if a 5% coverage of assessment DA Multiple aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) ®B Multiple sticks and/or leaf packs and/or emergent vegetation ®C Multiple snags and Togs (including lap trees) ❑ D 5% undercut banks and/or root mats and/or roots in banks extend to the normal wetted perimeter DE Little or no habitat reach) (skip for O F OG ❑ H ❑ l ❑ J OK Size 4 Coastal Plain streams) 5% oysters or other natural hard bottoms Submerged aquatic vegetation Low -tide refugia (pools) Sand bottom 5% vertical bank along the marsh Little or no habitat *********************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS**"*"*"*"*"***************** 11. Bedform and Substrate — assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11 a. ❑Yes ®No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11 b. Bedform evaluated. Check the appropriate box(es). Riffle -run section (evaluate 11 c) ❑ B Pool -glide section (evaluate 11d) ❑C Natural Bedform absent (skip to Metric 12, Aquatic Life) In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare (R) = present but < 10%, Common (C) = > 10-40%, Abundant (A) = > 40-70%, Predominant (P) = > 70%. Cumulative percentages 11 c. should not exceed 100% for each assessment reach. NP R C A P ❑ 0 0 0 0 ❑ 0 ® 0 0 ❑ 0 ® 0 0 ❑ 0 0 0 0 Bedrock/saprolite Boulder (256 — 4096 mm) Cobble (64 — 256 mm) Gravel (2 — 64 mm) Sand (.062-2 mm) Silt/clay (< 0.062 mm) Detritus Artificial (rip -rap, concrete, etc.) 11 d. OYes ❑Na Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12. Aquatic Life — assessment reach metric (skip for Tidal Marsh Streams) 12a. ®Yes ❑Na Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. ❑No Water ['Other: 12b. ®Yes ❑Na Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for Size 1 and 2 streams and "taxa" for Size 3 and 4 streams. ❑ ®Adult frogs ❑ ❑Aquatic reptiles O ['Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) ❑ ❑Beetles ❑ ❑Caddisfly larvae (T) O ['Asian clam (Corbicula) ❑ ['Crustacean (isopod/amphipodlcrayfiish/shrimp) ❑ ❑Damselfly and dragonfly larvae ❑ ❑ Di pterans ❑ ❑Mayfly larvae (E) ❑ ❑Megaloptera (alderfly, fishfly, dobsonfly larvae) ❑ ❑Midges/mosquito larvae ❑ ®Mosquito fish (Garrrbusia) or mud minnows (Umbra pygmaea) ❑ ❑MusselslClams (not Corbicula) ❑ ❑Other fish ❑ ❑Salamandersltadpoles ❑ ❑Snails ❑ ❑Stonefly larvae (P) ❑ ❑Tipulid larvae ❑ ElWorms/leeches 13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB ®A ®A Little or no alteration to water storage capacity over a majority of the streamside area ❑B ❑B Moderate alteration to water storage capacity over a majority of the streamside area ❑ C ❑C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB ❑A ❑A Majority of streamside area with depressions able to pond water ? 6 inches deep ®B ®B Majority of streamside area with depressions able to pond water 3 to 6 inches deep ❑ C ❑C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB ®Y ®Y Are wetlands present in the streamside area? ON ON 16. Baseflow Contributors — assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. ❑A Streams and/or springs (jurisdictional discharges) ❑ B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) ®C Obstruction passing flow during low -flow periods within the assessment area (beaver dam, leaky dam, bottom -release dam, weir) OD Evidence of bank seepage or sweating (iron in water indicates seepage) ®E Stream bed or bank soil reduced (dig through deposited sediment if present) OF None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. OA Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) OB Obstruction not passing flow during low -flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) ❑ C Urban stream 24% impervious surface for watershed) OD Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach ❑E Assessment reach relocated to valley edge El None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. OA Stream shading is appropriate for stream category (may include gaps associated with natural processes) OB Degraded (example: scattered trees) ®C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated LB RB ❑A ®A ®B ❑B ❑ C ❑C ❑ D ❑D ❑ E ❑E Wooded LB RB ❑A ❑A ❑ 3 ❑3 ❑ C ❑C DD DD ®E ®E 20. Buffer Structure Consider for left LB RB ❑A ❑B ®C ❑D ❑E DA DB ®C ❑D DE 100 feet wide or extends to the edge of the watershed From 50 to < 100 feet wide From 30 to < 50 feet wide From 10 to < 30 feet wide < 10 feet wide or no trees — streamside area metric (skip for Tidal Marsh Streams) bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). Mature forest Non -mature woody vegetation or modified vegetation structure Herbaceous vegetation with or without a strip of trees < 10 feet wide Maintained shrubs Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: Abuts < 30 feet 30-50 feet LB RB LB RB LB RB ❑ A ❑A ❑A ❑A ❑A ❑A ❑ B ❑B ❑B ❑B ❑B ❑B ❑ C ❑C ❑C ❑C ❑C ❑C ❑D ❑D ❑D ❑D ❑D ❑D Row crops Maintained turf Pasture (no livestock)Icommercial horticulture Pasture (active livestock use) El 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB ❑A ❑A Medium to high stem density ®B ®B Low stem density DC DC No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer— streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation a 10 feet wide. LB RB ®A ®A The total length of buffer breaks is < 25 percent. ❑B ❑B The total length of buffer breaks is between 25 and 50 percent. DC DC The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB ❑A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing ar communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity — assessment reach metric (skip for all Coastal Plain streams) 25a. ❑Yes ®Na Was conductivity measurement recorded? If No, select one of the following reasons. ❑No Water ®Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). DA <46 ❑B 46to<67 DC 67to<79 ❑D 79to<230 ❑E ?230 ®B ❑ C ❑C RB ❑A ®B Notes/Sketch: Stream affected by beaver dam downstream so that the stream and streamside area are inundated at times. Previously forested area is not largely absent, but still vegetated. Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Stowe RWRRF Date of Assessment 4/15/22 Stream Category Pa3 Assessor Name/Organization Paul BrightlHDR Notes of Field Assessment Form (Y/N) YES Presence of regulatory considerations (Y/N) NO Additional stream information/supplementary measurements included (Y/N) YES NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Perennial IJSACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology HIGH (2) Baseflow HIGH (2) Flood Flow HIGH (3) Streamside Area Attenuation MEDIUM (4) Floodplain Access HIGH (4) Wooded Riparian Buffer LOW (4) Microtopography MEDIUM (3) Stream Stability HIGH (4) Channel Stability HIGH (4) Sediment Transport MEDIUM (4) Stream Geomorphology HIGH (2) Streamllntertidal Zone Interaction NA (2) Longitudinal Tidal Flow NA (2) Tidal Marsh Stream Stability NA (3) Tidal Marsh Channel Stability NA (3) Tidal Marsh Stream Geomorphology NA (1) Water Quality LOW (2) Baseflow HIGH (2) Streamside Area Vegetation MEDIUM (3) Upland Pollutant Filtration HIGH (3) Thermoregulation LOW (2) Indicators of Stressors NO (2) Aquatic Life Tolerance LOW (2) Intertidal Zone Filtration NA (1) Habitat LOW (2) In -stream Habitat MEDIUM (3) Baseflow HIGH (3) Substrate MEDIUM (3) Stream Stability HIGH (3) In -stream Habitat MEDIUM (2) Stream -side Habitat LOW (3) Stream -side Habitat LOW (3) Thermoregulation LOW (2) Tidal Marsh In -stream Habitat NA (3) Flow Restriction NA (3) Tidal Marsh Stream Stability NA (4) Tidal Marsh Channel Stability NA (4) Tidal Marsh Stream Geomorphology NA (3) Tidal Marsh In -stream Habitat NA (2) Intertidal Zone NA Overall LOW NC SAM FIELD ASSESSMENT RESULTS Accompanies User Manual Version 2.1 USACE AID #: NCDWR #: INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT/SITE INFORMATION: 1. Project name (if any): Stowe RWRRF 2. Date of evaluation: 4/15/22 3. Applicant/owner name: Charlotte Water 4. Assessor name/organization: Paul Bright/HDR 5. County: Mecklenburg 6. Nearest named water body 7. River basin: Catawba on USGS 7.5-minute quad: Long Creek 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.284213°,-80.996150° STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): Stream 10 10. Length of assessment reach evaluated (feet): 200 11. Channel depth from bed (in riffle, if present) to top of bank (feet): .5 ❑ Unable to assess channel depth. 12. Channel width at top of bank (feet): 3 13. Is assessment reach a swamp steam? ❑Yes ❑Na 14. Feature type: ❑Perennial flow ®Intermittent flow ❑Tidal Marsh Stream STREAM CATEGORY INFORMATION: 15. NC SAM Zone: ❑ Mountains (M) ® Piedmont (P) 16. Estimated geomorphic valley shape (skip for Tidal Marsh Stream): 17. Watershed size: (skip for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑ Inner Coastal Plain (I) ❑ Outer Coastal Plain (0) ❑ Section 10 water ❑ Essential Fish Habitat ❑ Publicly owned property ❑ Anadromous fish ®A` f ❑3 (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) ®Size 1 (< 0.1 mi2) ❑Size 2 (0.1 to < 0.5 mil) ❑Size 3 (0.5 to < 5 mil) Daze 4 (? 5 mi2) ❑Classified Trout Waters ❑ Primary Nursery Area ❑NCDWR Riparian buffer rule in effect O 303(d) List ❑Water Supply Watershed (DI ❑II ❑III ❑IV ❑V) ❑ High Quality Waters/Outstanding Resource Waters ❑ Nutrient Sensitive Waters ❑ CAMAArea of Environmental Concern (AEC) ❑ Documented presence of a federal and/or state listed protected species within the assessment area. List species: ❑ Designated Critical Habitat (list species) 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? ®Yes ❑No 1. Channel Water - assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) ❑A Water throughout assessment reach. ®B No flow, water in pools only. ❑C No water in assessment reach. 2. Evidence of Flow Restriction - assessment reach metric ❑A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is severely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates, debris jams, beaver dams). ®B NotA 3. Feature Pattern - assessment reach metric ❑A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). ❑ B NotA 4. Feature Longitudinal Profile - assessment reach metric ❑ A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). ®B NotA 5. Signs of Active Instability - assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). ❑ A < 10% of channel unstable ❑B 10 to 25% of channel unstable ▪ > 25% of channel unstable 6. Streamside Area Interaction — streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB ® A ®A Little or no evidence of conditions that adversely affect reference interaction FIB I-IB Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) IlC IlC Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide 7. Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. ❑ A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) ❑B Excessive sedimentation (burying of stream features or intertidal zone) I -IC Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem ❑ D Odor (not including natural sulfide odors) ❑E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch" section. ❑ F Livestock with access to stream or intertidal zone ❑G Excessive algae in stream or intertidal zone ❑ H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc) ❑I Other: (explain in "Notes/Sketch" section) ® J Little to no stressors 8. Recent Weather— watershed metric (skip for Tidal Marsh Streams) For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. ❑ A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours ❑B Drought conditions and rainfall exceeding 1 inch within the last 48 hours ®C No drought conditions 9. Large or Dangerous Stream — assessment reach metric ❑ Yes ®Na Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types — assessment reach metric 10a. ❑Yes ®Na Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if a 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) ❑ A Multiple aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) ®B Multiple sticks and/or leaf packs and/or emergent vegetation ❑C Multiple snags and Togs (including lap trees) ▪ 5% undercut banks and/or root mats and/or roots in banks extend to the normal wetted perimeter ❑ E Little or no habitat ❑ F 5% oysters or other natural hard bottoms ❑G Submerged aquatic vegetation ❑ H Low -tide refugia (pools) ❑ I Sand bottom ❑J 5% vertical bank along the marsh ❑ K Little or no habitat '°********************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS*********************** 11. Bedform and Substrate — assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11 a. ❑Yes ®Na Is assessment reach in a natural sand -bed stream? [skip for Coastal Plain streams) 11 b. Bedform evaluated. Check the appropriate box(es). ▪ Riffle -run section (evaluate 11 c) ❑B Pool -glide section (evaluate 11d) ❑C Natural Bedform absent [skip to Metric 12, Aquatic Life) In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach —whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare (R) = present but < 10%, Common (C) = > 10-40%, Abundant (A) = > 40-70%, Predominant (P) = > 70%. Cumulative percentages 11 c. should not exceed 100% for each assessment reach. NP R C A P ❑ ® ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ Bed rock/saprol ite Boulder (256 — 4096 mm) Cobble (64 — 256 mm) Gravel (2 — 64 mm) Sand (.062 — 2 mm) Silt/clay (< 0.062 mm) Detritus Artificial (rip -rap, concrete, etc.) 11 d. ❑Yes No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12. Aquatic Life — assessment reach metric (skip for Tidal Marsh Streams) 12a. MYes IFINa Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. ❑No Water ❑Other: 12b. ®Yes ❑No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. >1 Numbers over columns refer to "individuals" for Size 1 and 2 streams and "taxa" for Size 3 and 4 streams. ❑ Adult frogs ❑Aquatic reptiles ❑ Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) ❑Beetles ❑ Caddisfly larvae (T) ❑ Asian clam (Corbicula) ❑ Crustacean (isopodlamphipodlcrayfsh/shrimp) ❑ Damselfly and dragonfly larvae ❑ Dipterans ❑Mayfly larvae (E) ❑ Megaloptera (alderfly, fishfly, dobsonfly larvae) ®Midges/mosquito larvae ❑Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) I-(Mussels/Clams (not Corbicula) ❑ Other fish ❑ Salamandersltadpoles ❑Snails ❑ Stonefly larvae (P) ❑ Tipulid larvae ❑ Worms/leeches 13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB ®A ®A Little or no alteration to water storage capacity over a majority of the streamside area ❑B ❑B Moderate alteration to water storage capacity over a majority of the streamside area ❑C ❑C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB ❑ A ❑A Majority of streamside area with depressions able to pond water ? 6 inches deep ❑B ❑B Majority of streamside area with depressions able to pond water 3 to 6 inches deep ® C ®C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB ❑Y ❑Y Are wetlands present in the streamside area? ▪ ®N 16. Baseflow Contributors — assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. ❑ A Streams and/or springs (jurisdictional discharges) ❑B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) ❑C Obstruction passing flow during low -flow periods within the assessment area (beaver dam, leaky dam, bottom -release dam, weir) ❑ D Evidence of bank seepage or sweating (iron in water indicates seepage) ®E Stream bed or bank soil reduced (dig through deposited sediment if present) O F None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. ❑ A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) ❑B Obstruction not passing flow during low -flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) ❑C Urban stream (a 24% impervious surface for watershed) ❑ D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach ❑E Assessment reach relocated to valley edge ▪ None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. ® A Stream shading is appropriate for stream category (may include gaps associated with natural processes) ❑B Degraded (example: scattered trees) ❑C Stream shading is gone or largely absent ❑❑❑X❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑- 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated LB RB ®A ❑B ❑B nC Plc ❑ D ❑D ❑E ❑E Wooded LB RB ®A ®A ❑B ❑B nc nc ❑D ❑D ❑E ❑E 20. Buffer Structure Consider for left LB RB ® A ®A ❑B ❑B ❑C ❑C Flo Flo ❑ E ❑E 100 feet wide or extends to the edge of the watershed From 50 to < 100 feet wide From 30 to < 50 feet wide From 10 to < 30 feet wide 10 feet wide or no trees — streamside area metric (skip for Tidal Marsh Streams) bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). Mature forest Non -mature woody vegetation or modified vegetation structure Herbaceous vegetation with or without a strip of trees < 10 feet wide Maintained shrubs Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: Abuts < 30 feet 30-50 feet LB RB LB RB LB RB ❑A ❑A ❑A ❑A ❑A ❑A ❑B ❑B ❑B ❑B ❑B ❑B ❑ C ❑C ❑C ❑C ❑C ❑C ❑ D ❑D ❑D ❑D ❑D ❑D Row crops Maintained turf Pasture (no livestock)Icommercial horticulture Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB ▪ ®A Medium to high stem density ❑B ❑B Low stem density ❑C ❑C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer— streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation a 10 feet wide. LB RB ® A ❑B ❑C ®A ❑B ❑C The total length of buffer breaks is < 25 percent. The total length of buffer breaks is between 25 and 50 percent. The total length of buffer breaks is a 50 percent. 24. Vegetative Composition — streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB ❑A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity — assessment reach metric (skip for all Coastal Plain streams) 25a. ❑Yes No Was conductivity measurement recorded? If No, select one of the following reasons. ❑No Water ®Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). ❑A <46 ❑B 46to<67 ❑C 67to<79 ❑D 79to<230 ❑E ?230 RB ❑A ®B ❑C ❑C Notes/Sketch: Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Stowe RWRRF Date of Assessment 4/15/22 Stream Category Pal Assessor Name/Organization Paul BrightiHDR Notes of Field Assessment Form (Y/N) Presence of regulatory considerations (Y/N) Additional stream information/supplementary measurements included (Y/N) NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) NO NO YES Intermittent USACEI NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology MEDIUM MEDIUM (2) Baseflow HIGH HIGH (2) Flood Flow MEDIUM MEDIUM (3) Streamside Area Attenuation HIGH HIGH (4) Floodplain Access HIGH HIGH (4) Wooded Riparian Buffer HIGH HIGH (4) Microtopography HIGH HIGH (3) Stream Stability LOW LOW (4) Channel Stability LOW LOW (4) Sediment Transport LOW LOW (4) Stream Geomorphology HIGH HIGH (2) Stream/Intertidal Zone Interaction NA NA (2) Longitudinal Tidal Flow NA NA (2) Tidal Marsh Stream Stability NA NA (3) Tidal Marsh Channel Stability NA NA (3) Tidal Marsh Stream Geomorphology NA NA (1) Water Quality MEDIUM MEDIUM (2) Baseflow HIGH HIGH (2) Streamside Area Vegetation HIGH HIGH (3) Upland Pollutant Filtration HIGH HIGH (3) Thernoregulation HIGH HIGH (2) Indicators of Stressors NO NO (2) Aquatic Life Tolerance LOW NA (2) Intertidal Zone Filtration NA NA (1) Habitat LOW HIGH (2) In -stream Habitat LOW MEDIUM (3) Baseflow HIGH HIGH (3) Substrate LOW LOW (3) Stream Stability LOW LOW (3) In -stream Habitat MEDIUM HIGH (2) Stream -side Habitat HIGH HIGH (3) Stream -side Habitat HIGH HIGH (3) Thermoregulation HIGH HIGH (2) Tidal Marsh In -stream Habitat NA NA (3) Flow Restriction NA NA (3) Tidal Marsh Stream Stability NA NA (4) Tidal Marsh Channel Stability NA NA (4) Tidal Marsh Stream Geomorphology NA NA (3) Tidal Marsh In -stream Habitat NA NA (2) Intertidal Zone NA NA Overall MEDIUM MEDIUM NC WAM FIELD ASSESSMENT FORM Accompanies User Manual Version 5.0 USAC E AID # NCDWR# Project Name Applicant/Owner Name Wetland Type Level III Ecoregion River Basin County ❑ Yes ® No Stowe RWRRF Charlotte Water Bottomland Hardwood Forest Piedmont Catawba Mecklenburg Precipitation within 48 hrs? Date of Evaluation Wetland Site Name Assessor Name/Organization Nearest Named Water Body USGS 8-Digit Catalogue Unit NCDWR Region Latitude/Longitude (deci-degrees) 4/15/22 Wetland 10 Paul Bright/HDR Long Creek 03050101 Mooresville 35.279834°.-80.999167° Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? ❑ Yes ® No Regulatory Considerations - Were regulatory considerations evaluated? ®Yes ❑Na If Yes, check all that apply to the assessment area. O Anadromous fish ❑ Federally protected species or State endangered or threatened species O NCDWR riparian buffer rule in effect O Abuts a Primary Nursery Area (PNA) ❑ Publicly owned property O N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) O Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HOW, ORW, or Trout ❑ Designated NCNHP reference community O Abuts a 303(d)-listed stream or a tributary to a 303(d)-listed stream What type of natural stream is associated with the wetland, if any? (check all that apply) ❑ Blackwater ❑ Brownwater ❑ Tidal (if tidal, check one of the following boxes) 0 Lunar 0 Wind 0 Both Is the assessment area on a coastal island? ❑ Yes ® Na Is the assessment area's surface water storage capacity or duration substantially altered by beaver? ® Yes ❑ Na Does the assessment area experience overbank flooding during normal rainfall conditions? ® Yes 0 No I. Ground Surface ConditionNegetation Condition — assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence an effect. GS VS OA OA ®B ®B Not severely altered Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, Fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) 2. Surface and Sub -Surface Storage Capacity and Duration — assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. A ditch 5 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable. Surf Sub OA OA ❑B ❑B ®C ®C Water storage capacity and duration are not altered. Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). 3. Water Storage/Surface Relief — assessment area/wetland type condition metric (skip for all marshes) Check a box in each column. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. ®A OA Majority of wetland with depressions able to pond water a 1 deep OB ❑B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep OC ®C Majority of wetland with depressions able to pond water 3 to 6 inches deep OD OD Depressions able to pond water < 3 inches deep 3b. ®A Evidence that maximum depth of inundation is greater than 2 feet ❑B Evidence that maximum depth of inundation is between 1 and 2 feet OC Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture/Structure — assessment area condition metric (skip for all marshes) Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the top 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. ❑A Sandy soil ®B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) ❑ C Loamy or clayey soils not exhibiting redoximorphic features OD Loamy or clayey gleyed soil OE Histosol or histic epipedon 4b. ®A Soil ribbon < 1 inch ❑ B Soil ribbon ? 1 inch 4c. ®A No peat or muck presence ❑ B A peat or muck presence 5. Discharge into Wetland — opportunity metric Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub). Examples of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc. Surf Sub ®A ®A Little or no evidence of pollutants or discharges entering the assessment area O B OB Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area ❑ C ❑C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive sedimentation, odor) B. Land Use — opportunity metric (skip for non -riparian wetlands) Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). WS 5M 2M OA ZA ®A > 10% impervious surfaces ❑B ❑B ❑B Confined animal operations (or other local, concentrated source of pollutants ❑C ❑C ❑C ? 20% coverage of pasture OD ❑D ❑D ? 20% coverage of agricultural land (regularly plowed land) ®E ®E ❑E ? 20% coverage of maintained grass/herb OF ®F OF ? 20% coverage of clear-cut land ®G ZG ®G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in the watershed or hydrologic alterations that prevent drainage and/or overbank flow from affecting the assessment area. 7. Wetland Acting as Vegetated Buffer — assessment area/wetland complex condition metric (skip for non -riparian wetlands) 7a. Is assessment area within 50 feet of a tributary or other open water? ®Yes ❑No If Yes, continue to 7b. If No, skip to Metric 8. Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed. 7b. How much of the first 50 feet from the bank is wetland? (Wetland buffer need only be present on one side of the .water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.) ®A ? 50 feet ❑ B From 30 to < 50 feet ❑ C From 15 to < 30 feet ❑ D From 5 to < 15 feet DE < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width. ®5 15-feet wide ❑> 15-feet wide ❑ Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? ❑ Yes ®No 7e. Is stream or other open water sheltered or exposed? ®Sheltered — adjacent open water with width < 2500 feet and no regular boat traffic. ❑ Exposed — adjacent open water with width ? 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area — wetland type/wetland complex condition metric (evaluate WT for all marshes and Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest only) Check a box in each column for riverine wetlands only. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment area (WC). See User Manual for WT and WC boundaries. WT WC ❑A ®A ? 100 feet ❑ B ❑B From 80 to < 100 feet ❑ C ❑ C From 50 to < 80 feet ❑ D ❑ D From 40 to < 50 feet ❑ E ❑ E From 30 to < 40 feet ❑ F ❑ F From 15 to < 30 feet ❑ G ❑G From 5 to < 15 feet ❑H ❑H <5feet 9. Inundation Duration — assessment area condition metric (skip for non -riparian wetlands) Answer for assessment area dominant landform. OA Evidence of short -duration inundation (< 7 consecutive days) ❑ B Evidence of saturation, without evidence of inundation ®C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition — assessment area condition metric (skip for non -riparian wetlands and all marshes) Consider recent deposition only (no plant growth since deposition). OA Sediment deposition is not excessive, but at approximately natural levels. ®B Sediment deposition is excessive, but not overwhelming the wetland. ❑C Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size — wetland typelwetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column. WT WC FW (if applicable) OA OA OA ? 500 acres ❑ B ❑ B ❑ B From 100 to < 500 acres ❑C ❑C ❑C From 50 to < 100 acres ®D ®D OD From 25 to < 50 acres ❑ E ❑ E ®E From 10 to < 25 acres OF OF OF From 5 to < 10 acres ❑G ❑G ❑G From 1 to < 5 acres ❑H ❑H ❑H From 0.5 to < 1 acre ❑ 1 ❑ 1 ❑ 1 From 0.1 to < 0.5 acre ❑J ❑J ❑J From 0.01 to < 0.1 acre OK OK OK < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only) OA Pocosin is the full extent 90%) of its natural landscape size. OB Pocosin type is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas — landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This metric evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban Landscapes, maintained fields (pasture and agriculture), or open water > 300 feet wide. Well Loosely OA OA ? 500 acres OB OB From 100 to < 500 acres ❑ C ❑C From 50 to < 100 acres El ®D From 10to<50acres OE OE < 10 acres OF OF Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. O Yes ONo Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands. 14. Edge Effect — wetland type condition metric (skip for all marshes and Estuarine Woody Wetland) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non -forested areas ? 40 feet wide such as fields, development, roads, regularly maintained utility line corridors, and clear -cuts. Consider the eight main points of the compass. Artificial edge occurs within 150 feet in how many directions? If the assessment area is clear cut, select option "C." OA 0 ®B 1to4 ❑ C 5to8 15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat) OA Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. ❑B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. ®C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at feast one stratum. 16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) OA Vegetation diversity is high and is composed primarily of native species (< 10% cover of exotics). ®B Vegetation diversity is low or has a 10% to 50% cover of exotics. ❑ C Vegetation is dominated by exotic species (> 50 % cover of exotics). 17. Vegetative Structure — assessment area/wetland type condition metric 17a. Is vegetation present? ®Yes ❑No If Yes, continue to 17b. If No, skip to Metric 18. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands. ®A ? 25% coverage of vegetation ❑B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. AA o ❑A ❑B U ®C 2❑A (4) ❑B ®C EIA 2E ®B ° ❑C ❑A B DO VVT ® A ❑ B ❑ C DA DB ®C DA DB ®C DA ® B ❑ C Canopy closed, or nearly closed, with natural gaps associated with natural processes Canopy present, but opened more than natural gaps Canopy sparse or absent Dense mid-story/sapling layer Moderate density mid-storylsapling layer Mid-storylsapling layer sparse or absent Dense shrub layer Moderate density shrub layer Shrub layer sparse or absent Dense herb layer Moderate density herb layer Herb layer sparse or absent 18. Snags — wetland type condition metric (skip for all marshes) ®A Large snags (more than one) are visible (> 12 inches DBH, or large relative to species present and landscape stability). ❑ B NotA 19. Diameter Class Distribution — wetland type condition metric (skip for all marshes) ❑ A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. ❑ B Majority of canopy trees have stems between 6 and 12 inches DBH, few area 12 inch DBH. ®C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris — wetland type condition metric (skip for all marshes) Include both natural debris and man -placed natural debris. ®A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). ❑ B NotA 21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation areas indicate vegetated areas, while solid white areas indicate open water. ❑C rY, ❑B J and open water in the growing season. Patterned 22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion, man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D. ®A Overbank and overland flow are not severely altered in the assessment area. ❑ B Overbank flow is severely altered in the assessment area. ❑ C Overland flow is severely altered in the assessment area. ❑ D Both overbank and overland flow are severely altered in the assessment area. Notes Wetland 10 has been modified and flooded by a beaver impoundment. Evidence of the area as a forested area prior to beaver influence. NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland Site Name Wetland 10 Date of Assessment 4115/22 Wetland Type Bottomland Hardwood Forest Assessor Name/Organization Paul BrightiHDR Notes on Field Assessment Form (YIN) Presence of regulatory considerations (YIN) Wetland is intensively managed (YIN) Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) Assessment area is substantially altered by beaver (YIN) Assessment area experiences overbank flooding during normal rainfall conditions (YIN) Assessment area is on a coastal island (YIN) Sub -function Rating Summary YES NO YES YES YES NO Function Hydrology Sub -function Surface Storage and Retention Sub -surface Storage and Retention Metrics Condition Condition Rating LOW MEDIUM Water Quality Pathogen Change Particulate Change Soluble Change Physical Change Pollution Change Condition Condition/Opportunity Opportunity Presence (Y/N) Condition Condition/Opportunity Opportunity Presence (Y/N) Condition Condition/Opportunity Opportunity Presence (Y/N) Condition Condition/Opportunity Opportunity Presence (Y/N) Condition Condition/Opportunity Opportunity Presence (Y/N) LOW LOW NO MEDIUM MEDIUM NO LOW LOW NO HIGH HIGH NO NA NA NA Habitat Physical Structure Landscape Patch Structure Vegetation Composition Condition Condition Condition LOW HIGH LOW Function Rating Summary Function Metrics Rating Hydrology Water Quality Habitat Condition Condition Condition/Opportunity Opportunity Presence (YIN) Condition LOW LOW LOW NO LOW Overall Wetland Rating LOW Appendix F Appendix F — Pre - Construction Notification, Pre -Filing Meeting Request, Agent Authorization, and Additional Supplemental Information NORTH CAROLINA Environmenra! Quality Water Resources Office Use Only Corps Action ID no. SAW-2019-01988 Date received: [Click to enter.] DWR project no. DWR#20-0405 Date received: [Click to enter.] Site Coordinates: Latitude (DD.DDDDDD): 35.280557 Longitude (DD.DDDDDD): 81.003385 Form Version 4.3, April 20, 2022 Pre -Construction Notification (PCN) Form (Ver. 4.2, January 31, 2022)) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk * are required. The form is not considered complete until all mandatory questions are answered. The PCN help document may be found at this link: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2196924&cr=1 Please ensure you have submitted a pre -filing meeting request at least 30 days prior to submitting this form, as DWR will not be able to accept your application without documentation of this important first step. The Division has developed a Pre -filing Meeting Request email address 401 PreFile©ncdenr.gov to accept the federally required pre -filing meeting request and provide confirmation receipt of submittal . This receipt or similar documentation will satisfy 40 C.F.R. Section 121.4(a) which states "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency." In accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5), all certification requests must include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Attach documentation of Pre -Filing Meeting Request to this Application. Date of Pre -filing Meeting Request (MM/DDIYYYY) *: 6/20/2022 Page 1 of 23 PCN Form Version 4.3-April 20, 2022 A. Processing Information County (counties) where project is located: * Mecklenburg Gaston Is this a NCDMS project? * (Click yes only if NCDMS is the applicant or co- applicant) ❑ Yes ® Na Is this a public transportation project? * (Publicly funded municipal, state, or federal road, rail, or airport project) ❑ Yes ® Na Is this a NCDOT project? * ❑ Yes Z Na If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: * Click to enter. la. Type(s) of approval sought from the Corps: " ❑x Section 404 Permit (wetlands, streams, waters, Clean Water Act) ❑x Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted? * ❑x Yes E No Please provide the date of the previous submission. * 11/9/2021 1 b. What type(s) of permit(s) do you wish to seek authorization? * ❑x Nationwide Permit (NWP) ❑ Regional General Permit (RGP) ❑ Standard (IP) This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as attachments and submitted with this form. lc. Has the NWP or GP number been verified by the Corps? * ® Yes ❑ No NWP number(s) (list all numbers ): NWP 12 (formerly), NWP 14, and NWP 58 RGP number(s) (list all numbers }: Click -c enter. Are you a federal applicant? E Yes ❑x No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act * Click to enter text. ld. Type(s) of approval sought from DWR (check all that apply): * ® 401 Water Quality Certification — Regular E 401 Water Quality Certification— Express E Non-404 Jurisdictional General Permit Z Riparian Buffer Authorization ® Individual 401 Water Quality Certification Is this a courtesy copy notification E Yes ® No 1 e. Is this notification solely for the record because written approval is not required? * For the record only for DWR 401 Certification: * ❑ Yes ❑x No For the record only for Corps Permit: * ❑ Yes © No Page 2 of 23 PCN Form Version 4.3-April 20, 2022 if. Is this an after -the -fact permit/certification application? * ❑ Yes ❑x No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ®yes ❑ No If yes, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 h. Is the project located in any of NC's twenty coastal counties? * ❑ Yes ❑x No 1 i. Is the project located within an NC DCM Area of Environmental Concern (AEC)? E Yes ®Na ❑Unknown 1j. Is the project located in a designated trout watershed? * ❑ Yes ❑x No If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office. Trout information may be found at this link: http:llwww.saw.usace.army.mil/Missions/Regulatory-Permit- P roq ram/Agency-Coord ination/Trout. aspx Page 3 of 23 PCN Form Version 4.3-April 20, 2022 B. Applicant Information la. Who is the primary contact? * Charlotte Water (POC: Carl Wilson) lb. Primary Contact Email: * cwilson©charlottenc.gov lc. * (704)336-1083 Primary Contact Phone: (##/#)### ##### ld. Who is applying for the permit/certifiication? * (check all that apply) _, Owner E Applicant (other than owner) le. Is there an agent/consultant for this project?* 0 Yes E No 2. Landowner Information 2a. Name(s) on Recorded Deed: " Multiple — see Figure 4 (Appendix A), and previous 404/401 approvals 2b. Deed Book and Page No.: Click to enter. 2c. Contact Person (for corporations): Click to enter. 2d. Address * Street Address: Click to enter. Address line 2: Click to enter. City: Click to enter. State! Province/ Region: Click to enter. Postal/ Zip Code: Click to enter. Country: Click to enter. * Click to enter. 2e. Telephone Number: (####}#### ##### Click to enter. 2f. Fax Number: (###)###-#### 2g. Email Address: * Click to enter. 3. Applicant Information (if different from owner) 3a. Name: * Click to enter. 3b. Business Name (if applicable): Click to enter. 3c. Address: * Street Address: Click to enter. Address line 2: Click to enter. City: Click to enter. State! Province/ Region: Click to enter. Postal/ Zip Code: Click to enter. Country Click to enter. 3d. * Click to enter. Telephone Number: (## #}### #k# 3e Click to enter. Fax Number: (###)###-#### Page 4 of 23 PCN Form Version 4.3- April 20, 2022 3f. Email Address: 4. Agent/ Consultant Of applicable) 4a. Name: " Kelly Thames 4b. Business Name: HER 4c. Address: " Street Address: 440 S. Church Street Address line 2: Suite 1200 City: Charlotte State/ Province/ Region: North Carolina Postal/ Zip Code: 28202 Country: USA " (704)338-6710 4d. Telephone Number: (####}#### #### Click tc. enter. 4e Fax Number: (#I##)###-35/4:45/4# 4f. Email Address: " Kelly.thames©hdrinc.com Agent Authorization Letter:* Attach a completed/signed agent authorization form or letter. A sample form may be found at this link: httvs://www.saw.usace.armv. mil/Missions/Reaulatorv-Permit-Prociram!Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Page 5 of 23 PCN Form Version 4.3-April 20, 2022 C. Project Information and Prior Project History 1. Project Information la. Name of project: * Stowe Regional Water Resource Recovery Facility lb. Subdivision name (if appropriate): CI c-: to e --e lc. Nearest municipality/town: * Charlotte, NC 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): Multiple — see Figure 4 (Appendix A), and previous 404/401 approvals 2b. Property size (in acres): 276 2c. Project Address: Street Address: 901 Hawfield Road Address line 2: CI c-: to e--e City: Charlotte State/ Province/ Region: North Carolina Postal/ Zip Code: 28214 Country: USA 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): Latitude (DD.DDDDDD): * 35.280557 Longitude (-DD.DDDDDD): *-81.003385 3. Surface Waters 3a. Name of nearest body of water to proposed project: * Long Creek 3b. Water Resources Classification of nearest receiving water: * WS-IV; CA The Surface Water Classification map may be found at this https://ncdenr.maps.arcgis.com/apps/webappviewer/index.html?id=6e125ad7628f494694e259c80dd64265 link: 3c. In what river basin(s) is your project located? * Catawba Choose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is located: * 03050101 The Find Your HUC map may be found at this link: https://ncdenr.maps.arcais.com/apes/Publiclnformation/index. html?appid=ad3a85a0c6d644a0b97cd069db238ac3 Page 6 of 23 PCN Form Version 4.3-April 20, 2022 4. Project Description and History 4a. 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 land -use consists of undeveloped forested areas, unmaintained and maintained open areas, the existin Long Creek Pump station, and existing Mt. Holly Water Reclamation facility. Land cover within the project area consists of deciduous and mixed forest, previously disturbed aras, and unmaintaend herbaceous areas. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * ®yes ❑ No ❑Unknown If yes, please give the DWR Certification number and/or Corps Action ID (ex. SAW-0000-00000): SAW-2019-01988 DWR#20-0405 Attach any pertinent project history documentation 4b2. Is any portion of the work already complete? * ® Yes ❑ No If yes, describe the completed work. See Section C4i in the Additional Supplemental Information document regarding Phase 1 a and 1 b. 4c. List of other certifications or approvals/denials received from other federal, state or local agencies for work described in this application not related to the 404 or 401. See Section C4c in the Additional Supplemental Information document. 4d. Attach an 8% x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8% x 11" excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the property: Click to enteracres 4g. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Click to enter. linear feet 4g1. List the total estimated acreage of all existing open waters on the property: Click to enter. acres 4h. Explain the purpose of the proposed project: * Over a series of construction and implementation phases, the Project would provide regional wastewater treatment capacity for existing customers and for anticipated population growth in northwestern Mecklenburg County and eastern Gaston County by treating wastewater from Mt. Holly, Belmont, Clariant, and the Long Creek Basin in Mecklenburg County. See Section C4h in the Additional Supplemental Information document. 4i. Describe the overall project in detail, including the type of equipment to be used: * See Section C4i in the Additional Supplemental Information document. 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. 4k. Will this activity involve dredging in wetlands or waters? * ❑ Yes ® No If yes, describe the type of dredging, the composition of the dredged material, and the locations of disposal area. Click :c en:er text. Page 7 of 23 PCN Form Version 4.3-April 20, 2022 5. jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in proposed impact areas? * ®yes ❑ No ❑Unknown Comments: See Section C5a in the Additional Supplemental Information document. 5b. If the Corps made a jurisdictional determination, what type of determination was made? * Z Preliminary IN Approved ❑ Emailed concurrence E Not Verified ❑ Unknown ❑ n/a Corps AID number (ex. SAW-0000-00000): SAW-2019-01988 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Kelly Thames, and others Agency/Consultant Company: HDR Other: Click to enter. 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. USACE determinations: 06/01/2020 and 12/07/2021 5d1. Attach jurisdictional determinations. 6. Future Project Plans 6a. Is this a phased project? @ Yes E No 6b. If yes, explain. See Section C6b in the Additional Supplemental Information document. Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don't require pre -construction notification. 0 ick -c. enter. 7. Addresses of adjoining property owners, lessees, etc. whose property adjoins the waterbody (if more than can be entered here, please attach a supplemental list) See Figure 4 (Appendix A) and previous permit approvals. 8. Scheduling of activity: See Section C4i and C6b in the Additional Supplemental Information document. Page 8 of 23 PCN Form Version 4.3-April 20, 2022 0. Proposed Impacts Inventory 1. Impacts Summary 1 a. Where are the impacts associated with your project (check all that apply): ® Wetlands ® Buffers ❑ Pond Construction ❑x Streams - tributaries ❑ Open Waters 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. Site #* 2a1. Impact ReasonlType* 2b. Impact Duration* 2c. Wetland Type* 2d. Wetland Name` 2e. Forested ?* 2f. Jurisdiction Type* 2g. Impact Area (ac)* 6 Fill (Incl. Riprap) Permanent Bottomland Hardwood Forest Wetland 12 Yes Both 0.11 13 Road/ Driveway Crossing Permanent Bottomland Hardwood Forest Wetland 10 No Both 0.41 1 Fill (Incl. Riprap) Permanent Bottomland Hardwood Forest Wetland 10 No Both 0.053 7 Grading Permanent Isolated Wetland Wetland 9 Yes DWR 0.18 10a Excavation Permanent Bottomland Hardwood Forest Wetland 17 Yes Both 0.017 10b Hand Clearing Temporary Bottomland Hardwood Forest Wetland 17 Yes Both 0.008 W7 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W8 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W9 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W10 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W11 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W12 Choose one Temp/ Perm Choose one Click to enter Y/h. Choose one Click to enter W13 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W14 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W15 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter 2g1. Total temporary wetland impacts 0.008 ac 2g2. Total permanent wetland impacts 0.77 ac Page 9 of 23 PCN Form Version 4.3- April 20, 2022 2g3. Total wetland impacts 0.778 ac 2h. Type(s) of material being discharged and the amount of each type in cubic yards: C ick to enter text. 2i. Comments: Impacts 6 and 13 are each separate and complete projects under NWP 14. Impacts 1, 7, 10a, and 10b are associated with NWP 58. Impact 7 is a non-404 wetland impact. Page 10 of 23 PCN Form Version 4.3- April 20, 2022 3. Stream Impacts If there are perennial or intermittent stream! tributary impacts (including temporary impacts) proposed an the site, complete this table for all stream! tributary sites impacted. ** All Perennial or Intermittent streams must be verified by DWR or delegated local government Site #` 3a Impact Reason'. 3b. Impact Duration' 3c. Impact Type` 3d. Stream Name' 3e. Stream Type` 3f. Jurisdiction Type* 3g. Stream Width (avg ft) * 3h. Impact length (linear ft) 12 Culvert Permanent Crossing/ Culvert Stream 7 Perennial Both 15 120 14 Pipe Permanent Crossing/ Culvert Stream 10 Intermittent Both 3 147 53 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter 54 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter 55 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter 56 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter 57 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter 58 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter 59 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter 310 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter 311 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S12 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S13 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S14 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S15 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S16 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S17 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S18 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S19 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S20 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch impact: Click to enter. linear ft 3i2. Total permanent stream impacts: 267 linear ft 3i3. Total temporary stream impacts: Click to enter. linear ft 3i4. Total stream and ditch impacts: Click to ente linear ft 3j. Comments: Both Impacts 12 and 14 are separate and complete projects under NWP 14. Page 11 of 23 PCN Form Version 4.3- April 20, 2022 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., individually list all open water impacts in the table below. 4a. Site #* 4a1. Impact Reason 4b. Impact Duration* 4c. Waterbody Name* 4d. Activity Type* 4e. Waterbody Type* 4f. Impact area (ac)* 11 a Rip Rap Permanent Catawba River Bank Stabilization/ Fill (Incl. Riprap) Lake 0.015 11 b Dewatering Permanent Catawba River Dewatering Lake 0.005 03 Click to enter. Temp/ Perri Click to enter. Choose one Choose one Click to enter. 04 :lick to enter. Temp/ Pen- Click to enter. Choose one Choose one Click to enter. 05 Click to enter. Temp/ Per Click to enter. Choose one Choose one Click to enter. 4g. Total temporary open water impacts 0.005 ac 4g. Total permanent open water impacts 0.015 ac 4g. Total open water impacts 0.015 ac 4h. Comments: Both Impacts 11a and 11 b are also Section 10 impacts as the Catawba River is a navigable water. There are three other Catabwa River impacts (Impacts 2, 8, and 9) that do not result in surface water losses (horizontal directional drilling and pile driven structures). 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater management ponds.) 5a. Pond ID # 5b. Proposed use or purpose of pond 5c. Wetland Impacts (ac) 5d. Stream Impacts (ft) 5e. Upland Impacts {ac} Flooded Filled Excavated Flooded Filled Excavated P1 Choose one Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click enter. P2 Choose one Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. P3 Choose one Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click {- entr 5f. Total Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. CI, entr 5g. Comments: Click to enter. 5h. Is a dam high hazard permit required? ❑ Yes • No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. 5k. Method of construction: Click to enter. Page 12 of 23 PCN Form Version 4.3- April 20, 2022 Page 13 of 23 PCN Form Version 4.3- April 20, 2022 6. Buffer Impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts. 6a. Project is in which protected basins)? * (Check all that apply.) ❑ Neuse ❑ Tar -Pamlico Z Catawba ❑ Jordan ❑ Goose Creek E Randleman ❑ Other: Click to enter. Site #' 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 Impact* (sq ft) 6g. Zone 2 Impact* (sq ft) B 1 Crossing/ Culvert/ Bridge Permanent Long Creek No 6,410 4,494 B2 Utility Lines Permanent Catawba River (Lake Wylie) No 600 571 B3 Utility Lines Temporary Catawba River (Lake Wylie) No 283 272 B4 Other Permanent Catawba River (Lake Wylie) Yes 338 325 B5 Other Temporary Catawba River (Lake Wylie) No 240 162 B6 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B7 Choose one Temp/ Perm Olick to enter. Y/N Click to enter Click to enter. B8 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B9 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. 210 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. 211 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B12 Choose one Temp/ Perr Click to enter. Y/N Click to enter Click to enter. B13 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B14 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B15 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B16 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B17 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B18 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B19 Choose one Temp/ Perr Click to enter. Y/N Click to enter Click to enter. B20 Choose one Temp/ Perm �Iick to enter. Y/N Click to enter Click to enter. 6h. Total temporary impacts: Zone 1: 523 sq ft Zone 2: 434 sq ft 6h. Total permanent impacts: Zone 1: 7,348 sq ft Zone 2: 5,390 sq ft 6h. Total combined buffer impacts: Zone 1: 7,871 sq ft Zone 2: 5,824 sq ft 6i. Comments: See Section E6i in the Additional Supplemental Information document. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 14 of 23 PCN Form Version 4.3- April 20, 2022 Page 15 of 23 PCN Form Version 4.3- April 20, 2022 E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: " See Section E1a in the Supplemental Information document. 1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: * See Section E1b in the Supplemental Information document. 2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers 2a. If compensatory mitigation is required, by whom is it required? * (check all that apply) C DWR Z Corps 2b. If yes, which mitigation option(s) will be used for this project? * (check all that apply) El Mitigation Bank ❑x In Lieu Fee Program ❑ Permittee Responsible Mitigation 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).) 3a. Name of mitigation bank: Click to enter. 3b. Credits purchased/requested: Type: Choose one Quantity , Type: _use one Quantity , Type: Choose one Quantity , Attach receipt and/or approval letter. 3c. Comments: Click to enter. 4. Complete if Using an In Lieu Fee Program 4a. Attach approval letter from in lieu fee program. 4b. Stream mitigation requested: 240 linear feet 4c. If using stream mitigation, what is the stream temperature: warm NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website: (Please use the filter and select Wilmington district) https:!/ribits.usace.army.mil/ribits apex/f?p=107:27:2734709611497::NO:RP:P27 BUTTON KEY:O 4d. Buffer mitigation requested (DWR only): 1,163.5 square feet 4e. Riparian wetland mitigation requested: 0.85 acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: See Section E4i in the Supplemental Information document. Page 16 of 23 PCN Form Version 4.3-April 20, 2022 5. Complete if Providing a Permittee Responsible Mitigation Plan 5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan, including mitigation credits generated. Click to enter. 5b. Attach mitigation plan/documentation. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ®Yes E No If yes, please complete this entire section — please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 Boat dock access 338 2 676 Zone 2 Boat dock access 325 1.5 487.5 6f. Total buffer mitigation required 1,163.5 6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed? ®Yes E No 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: See Section E6i in the Supplemental Information document. Page 17 of 23 PCN Form Version 4.3- April 20, 2022 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? 0 Yes E No 1 b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse/dispersed flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual(https:Ildeq.nc.gov/aboutldivisions/energv-mineral-land-resources/energv-mineral-land-permit- quidancelstormwater-bmp-manual). Associated supplement forms and other documentation must be provided. What Type of SCM are you providing? (Check all that apply) ❑ Level Spreader ® Vegetated Conveyance (lower seasonal high water table- SHWT) ❑ Wetland Swale (higher SHWT) ❑ Other SCM that removes minimum 30% nitrogen ® Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here. Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * ❑ Yes ® Na 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?* ® Yes ❑ Na To look up low density requirements, click here: http://reports.oah. state. nc. uslncacltitl a°/o2O 15a%20-°/o20envi ron mental%20q ual itv/chapter%2002%20- %20environ menta I%20manaaementlsubcha Ater%20h/ 15a%2Oncac%2002h%20.1003. pdf 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state - approved local government stormwater program? * E Yes ®No E n/a — project disturbs < 1 acre Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer "no" to this question. 2d. Which of the following stormwater management program(s) apply? (Check all that apply)* ® Local Government ❑ State If you have local government approval, please include the SMP on their overall impact map. Local Government Stormwater Programs * ®Phase II E USMP E NSW ® Water Supply Page 18 of 23 PCN Form Version 4.3-April 20, 2022 Please identify which local government stormwater program you are using. * City of Charlotte State Stormwater Programs * E Phase II E Coastal Counties C HQW or ORW E Other Comments: Project is subject to the City of Charlotte's Post Construction Stormwater Ordinance, which is an MS4 program. Project is a low density project, hence vegetative conveyances will be utilized and stormwater control measures are not required. Page 19 of 23 PCN Form Version 4.3- April 20, 2022 G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? * ®Yes E No 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPAISEPA)? * El Yes E No lc. 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 letter.)* ® Yes E No Comments: At the time of the initial planning phase of this project in 2015, a SEPA review as required; however, under current SEPA regulations a SEPA review is not required. See Section C4c of the Additional Supplemental Information document. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), Federally Non -Jurisdictional Wetlands /Classified Surface Waters (15A NCAC 2H. 1400) DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 26 .0200)? * E Yes Z No 2b. If you answered "yes" to the above question, provide an explanation of the violation(s): Click to enter. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? " E Yes ® No 3b. If you answered "no", provide a short narrative description: Beyond what is described in this phased permit, this project will not result in additional development; however, the project is anticipating population growth in the region and is a preemptive measure to account for the future grown. Impacts to water quality were analyzed in the EIS. 3c. If yes, provide a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWR policy. (Attach .pdf) 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? * ®Yes No ❑Nth Page 20 of 23 PCN Form Version 4.3-April 20, 2022 4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. The project is a wastewater infrastructure project and the future Stowe RWRRF proposed capacity is 15 million gallons per day. Charlotte Water has already obtained a NPDES permit for the effluent discharge associated with the facility. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? (IPAC weblink: https:/Iwww.fws.gov/ipacl [fws.gov)) * ®yes ❑ No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? * _, Yes ❑ No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another federal agency involved?* ❑ Yes 0 No ❑ Unknown If yes, which federal agency? Click to enter. 5e. Is this a DOT project located within Divisions 1-8? * ❑ Yes ❑x No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.?* ® Yes ❑ No 5g. Does this project involve bridge maintenance or removal? * ❑ Yes ❑x No 5g1. If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.? Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix F, pages 3-7. ❑ Yes ❑ No Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix F, pages 3-7. Link to NLEB SLOPES document: http://saw-req.usace.army.mil/NLEB11-3O-17-signed NLEB-SLOPES&apps.pdf If you answered yes to 5g1, did you discover any signs of bat use? * ❑ Yes E No ❑ Unknown If yes, please show the location of the bridge on the permit drawings/ project plans 5h. Does this project involve the construction/ installation of a wind turbines)? * ❑Yes ❑x No If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdf) 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? * @ Yes ❑ No If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdf) 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? * Field assessment of the on -site habitat was conducted on areas that will be impacted by all phases of the project. Please see previous permit approvals for additional information. Further discussion regarding consultation with USFWS can be found in the EIS and ROD. Attach consultation documentation. Page 21 of 23 PCN Form Version 4.3-April 20, 2022 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* E Yes Z No Is there submerged aquatic vegetation (SAV) around project vicinity? the❑ Yes ® Na ❑ Unknown Will this project affect submerged aquatic vegetation? * ❑ Yes Z No E Unknown Explain: Click to enter. 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? * NOAA Essential Fish Habitat Mapper: https://www.habitat.noaa.gov/apps/efhmapperl?page=page_8 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): http:!!ais.ncdcr.aov/hi oweb/ 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 status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? * E Yes Z No 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources?* During completion of the original EIS, SHPO was consulted. No properties registered on the National or State Register of Historic Places were found to be present on the site, and areas outside of the 100-year floodplain will be located within previously disturbed or clearcut areas per guidance from SHPO. 7c. Attach historic or prehistoric documentation. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.aov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? * ® Yes E No 8b. If yes, explain how the project meets FEMA requirements. A floodplain development and associated CLOMRILOMR will be acquired from the local FEMA administrator 8c. What source(s) did you use to make the floodplain determination? FEMA Firm Panels 37105552800K and 3710359600L H. Miscellaneous Comments: ick enter. Attach pertinent documentation or attachments not previously requested Page 22 of 23 PCN Form Version 4.3-April 20, 2022 I. Signature * ® By checking the box and signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time; • The project proponent hereby agrees that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: * Kelly Thames Signature: * Kelly Thames ❑ate: * 8/10/2022 Page 23 of 23 PCN Form Version 4.3- April 20, 2022 From: 401 PreFlle To: Thames. Kellv Subject: Automatic reply: [External] 401 Pre -Filing Request Date: Monday, June 20, 2022 11:42:42 AM CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. This email confirms receipt of your pre -filing meeting request. Please retain this email for your records and submit this documentation as part of your 401 application (PCN Application) as required by federal law. DWR will not be able to accept your application without this federally required documentation. 401 applications received without documentation that a pre -filing meeting request was submitted at least 30 days prior will be returned as incomplete. Responses to this email are not monitored. Background On April 6, 2022, the United States Supreme Court issued an order staying a lower court's vacatur of the Trump Administration's 2020 "Clean Water Act Section 401 Certification Rule" ('Federal Rule"). As a result of the United States Supreme Court order, the Trump Administration's Federal Rule has sprung back into effect. The Trump Administration's Federal Rule imposes additional procedural requirements on applicants for 401 Certifications and on DWR's processing of those applications. One requirement is that 401 applicants must request a pre -filing meeting request at least 30 days prior to submitting their 401 application. [40 C.F.R. §121.4] In turn, the Federal Rule requires that applicants include documentation of their pre -filing meeting request in their 401 Certification application. [40 C.F.R §121.1; 40 C.F.R. §121.5]. Please refer to the Federal Rule for more information. Per 40 CFR §121 and §121.5, a 401 Certification application that does not include the required pre -filing meeting request documentation does not constitute a "certification request." As a result of the reinstatement of the Trump Administration's Federal Rule, all 401 applications received after April 6, 2022 that do not have documentation that a pre -filing meeting request was submitted at least 30 days prior to submittal of a 401 Certification application will be returned as incomplete. If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of staff contact lists). For Non -Transportation Central Staff: https://deq. nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer- permitting/4O1-huffer-perm itti ng-contacts For Non -Transportation Regional Staff: https:lledocs.deq.nc.gov/WaterResources/flocView.aspx?dhid=0 id=7167O34gtcr=1 For all Transportation Projects Including NCDOT Projects: https://deq.nc.govla boutld ivisionslwater-resou rceslwater-resources-perm itsltra nsportation- p e rm itti ng/sta ff-co nta cts AGENT CERTIFICATION OF AUTHORIZATION I, Joseph C. Wilson, representing Charlotte Water hereby certify that I have authorized Kelly Thames ❑f HDR 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. App i ant's signature Agenf's signature 067/..6/7•02--1 Date 08/10/2022 Date Completion ❑f this form will allow the agent to sign all future application correspondence. PCN Supplemental Information Stowe RWRRF & Associated Infrastructure Projects SAW-2019-01988 and DWR# 20-0405 Additional Supplemental Information Stowe Regional Wastewater Resource Recovery Facility (RWRRF) & Associated Infrastructure Projects C4c. List other certification or approvals/denials not related to the 404 or 401. • 2015 Environmental Impact Study (EIS) in compliance with the North Carolina State Environmental Protection Act (SEPA), evaluating options for wastewater treatment needs based on The Expansion and Feasibility Studies. ■ The Record of Decision (ROD) was issued on March 181', 2015. • A revision to the ROD (Appendix G) was submitted in December 2020 to include the analysis of additional land clearing and the need for a second road access to the proposed Stowe RWRRF. The revised ROD was issued on January 2nd 2020. C4h. Explain the purpose of the proposed project. Charlotte Water (the Applicant) provides wastewater services to more than 805,000 customers in the City of Charlotte and surrounding areas in Mecklenburg County, including the towns of Matthews, Mint Hill, Pineville, Huntersville, and Cornelius. Population growth and land development in the Charlotte region have resulted in an increased need for wastewater collection and treatment. Charlotte Water, formerly Charlotte -Mecklenburg Utilities (Utilities), undertook a comprehensive evaluation of current and anticipated future wastewater treatments needs by performing a Wastewater Treatment Plant Expansion Study (Expansion Study, CH2M Hill, 2007). The Expansion Study focused on three wastewater treatment plants (WWTPs), the Irwin Creek WWTP, Sugar Creek WWTP, and McAlpine Creek Wastewater Management Facility (WWMF). Combined, these facilities have a total maximum month rated treatment capacity of 99 million gallons per day (mgd). This capacity treats a population that was projected to be 685,000 in 2010, increasing to 923,000 in 2030.1 The Expansion Study determined that the best approach toward meeting future wastewater capacity needs would include construction of a new regional WWTP to provide wastewater services to the Long Creek Basin, including expansions/rehabilitations of existing WWTP facilities. This would increase wastewater capacity from 99 mgd to 155 mgd by 2030. Concurrently, a Feasibility and Preliminary Planning Study for Regional Wastewater Treatment (Feasibility Study [Black & Veatch, 2006]) was conducted to provide long-range planning for wastewater treatment for the City of Mount Holly and the Long Creek Basin in Mecklenburg County. This high level feasibility study focused on developing an innovative solution to meet the needs of the growing area. 1 According to the United States Census Bureau, the 2010 Census indicated that the population of Mecklenburg County was over 919,500 as of 2009 and the 2019 population estimates are approximately 1.09 million.2 2 httos:llwww.census.qov!auickfacts/factltable/mecklenburacountvnorthcarolina# 1 PCN Supplemental Information Stowe RWRRF & Associated Infrastructure Projects SAW-2019-01988 and DWR# 20-0405 In 2015, Black & Veatch, submitted an Environmental Impact Study (EIS) in compliance with the North Carolina State Environmental Protection Act (SEPA), evaluating options for wastewater treatment needs based on The Expansion and Feasibility Studies. This Project, the subject of this permit application, is Alternative 2 which proposes a regional WTTP on the Mecklenburg County side. Alternative 2 was selected as the Preferred Alternative because it meets the purpose and need of the project and results in a combination of fewer negative environmental consequences. As a result of the proposed project, the EIS assessed potential impacts to environmental and social resources, evaluated alternatives, and considered direct and cumulative impacts. The Record of Decision (ROD) was issued on March 18th, 2015. A revision to the ROD was submitted in December 2020 to include the analysis of additional land clearing and the need for a second road access to the proposed Stowe RWRRF. The revised ROD was issued on January 2nd, 2020. The revised ROD can be found in Appendix G. In order to meet the need of increasing population growth and increasing wastewater treatment capacity, the identified solution is to construct a new regional water resource recovery facility in Mecklenburg County (Alternative 2). Therefore, the purpose of this project is to construct the Stowe Regional Wastewater Resource Recovery Facility (RWRRF) & Associated Infrastructure Projects to meet the developing regional's need and growth demands for the treatment of wastewater (Figure 9, Appendix A). Associated infrastructure related to the Stowe RWRRF include forcemain installation by horizontal directional drilling (HDD) methods, access roads, a Stowe Headworks project at the existing Long Creek Pumping Station (PS), Belmont PS and forcemains, and a future expansion of the proposed facility. C4i. Describe the overall project in detail, including the type of equipment to be used. In 2020, the US Army Corps of Engineers (USACE) requested that the Applicant submit a project -wide Clean Water Act (CWA) Section 404 application to include future construction projects (elements) that would propose impacts to Waters of the U.S. (WoUS). This permit takes a phased approach, providing design and details on the most imminent elements of the Project, while providing only high-level planning details for future elements yet to be designed (Table 1). Table 1. Phasing for the Proposed Stowe RWRRF Elements Proposed Stowe RWRRF Elements Proposed Impacts Section 10 Section 404 Non - Section 404 Impact No.* Phase Anticipated Construction Dates Mount Holly Forcemains (HDD) and Stowe Site Preparation Yes Yes (NWP 58) No 1, 2 la Current Stowe RWRRF Access Roads No Yes (NWP 14) Yes 6, 12, 13, 14 1 b Current Stowe Headworks & Influent Pumping Station and Mount No Na No n/a 1 c Current Holly Pumping Station 2 PCN Supplemental Information Stowe RWRRF & Associated Infrastructure Projects SAW-2019-01988 and DWR# 20-0405 Proposed Stowe RWRRF Elements Proposed Impacts Section 10 Section 404 Non - Section 404 Impact No.* Phase Anticipated Construction Dates Stowe Regional Water Resource Recovery Facility Yes Yes Yes (NWP 58) 7,8, I 2021-2024 10,11 2a (TBD) Belmont Pumping Station and Forcemains Yes No No 9 2b 2022-2024 (TBD) Stowe RWRRF Expansion *Impacts 3-5 have been eliminated No No No n/a 3 TBD in 2035 This permit application seeks authorization for Phase 1 and Phase 2a. Section CSb describes future Phases 2b and 3. Table 2 and Table 3 (below) summarize impacts by applicable NWP. Table 2. Summary of impacts under NWP 14 Impact No. Figure Regulatory Authority Phase Impact Amount Permanent! Temporary Previously Authorized 6 Wetland 12 12 Stream 7 Figure 14 Figures 18-21 Section 404/401 Section 404/401 Fill 1b Culvert lb 0.11 ac. 120 If (0.04 ac) Permanent Yes, current Permanent No 13 Wetland Figures Section 10 18-21 404/401 Road 1 b 0.41 ac. Permanent No 14 Stream Figures Section 10 22-23 404/401 Culvert lb 147 If (0.01 ac) Permanent No Permanent Section 4041401 Wetland Impacts 0.52 ac. Permanent Section 4041401 Stream Impacts 267 If (0.05 ac.}` * None of the three separate crossings do not cause the loss of greater than 0.5 acre of WoUS and do not cause a loss greater than 0.05 acre of stream bed. Table 3. Summary of impacts under NWP 58 Impact No. Feature Figure Regulatory Authority Impact Type Phase Permanent/ Temporary Impact Amount Previously Authorized WI - Wetland Figure 10 13 404/401 Section ir Yes (under Fill la Permanent 0.053 NWP 12), current 2 Catawba Figure Section River 12 10/404/401 HDD beneath Catawba la n/a River Yes (under No loss of NWP waters 12/Section 10), current • 7* Wetland 9 Figure Non -Section 12 404-Isolated Fill 2a Permanent 0.18 ac. n/a 8 Catawba Figure Section River 16 10/404/401 Floating Dock 2a n/a Yes No loss of (under NWP waters 12/Section 10) 9 Catawba Figure Section River 11 10/404/401 HDD beneath Catawba 2b n/a River Yes No loss of (under NWP waters 12/Section 10) 10a Wetland Figure Section 17 16 404/401 Excavation 2a Permanent 0.017 ac. Yes 3 PCN Supplemental Information Stowe RWRRF & Associated Infrastructure Projects SAW-2019-01988 and DWR# 20-0405 Impact No. Feature Figure Regulatory Authority Impact Type Phase Permanent/ Temporary Impact Amount Previously Authorized I Wetland 17 Figure 16 Section 404/401 Clearing 2a Temporary 0.008 ac Yes 11a Catawba River Figure Section 16 10/404/401 Rip Rap for Effluent Outfall 2a Permanent 0.015 ac Yes 11b Catawba River Figure Section 16 10/404/401 Dewatering 2a Temporary 0.005 ac. Yes Permanent Section 4041401 Wetland Impacts Temporary Section 4041401 Wetland Impacts Permanent Section 10/4041401 Open Water (Catawba River/Lake Wylie) Impacts Temporary Section 10/4041401 Open Water (Catawba River/Lake Wylie) Impacts Non -Section 404 Wetland Impacts 0.07 ac. 0.008 ac. 0.015 ac. 0.005ac. 0.18 ac. * Note that Impact 7 is a non -section 404 impact. Phase 1 (this Permit) Phase 1 includes multiple components split into Phase 1 a, 1 b, and 1 c. Table 4 (below) summarizes regulatory authority, impact type, Nationwide Permit (NWP) number, and impact amount. Phase la requires authorization under Section 10 and NWP 58 for HDD installation of forcemains beneath the Catawba River (Impact 1) and between the existing Long Creek PS and Mt. Holly Water Reclamation Facility (WRF), as well as authorization under NWP 58 for a utility infrastructure building (Impact 2). Phase lb requires authorization under NWP 14 for access roads — Impact 6 was previously authorized, but Impacts 12, 13, and 14 are new impacts. Previously authorized Impacts 3, 4, and 5 totaling 0.09 ace of wetland impacts for the original northern access road alignment have been eliminated. Table 4. Proposed Phase 1 Impacts Impact No.* Feature Type Regulatory Authority Impact Type NWP No. Phase Permanent) Temporary Impact Amount Previously Permitted 1 Wetland 10 Section 404/401 Fill 58 la Permanent 0.053 ac. Yes (under NWP 12) 2 Catawba Section River 10/404/401 HDD 58 and beneath Section 1 a Catawba 10 n/a No Loss of WoUS Yes (under NWP 12/Section 10) 6 Wetland Section 12 404/401 Fill 14 1 b Permanent 0.11 ac, Yes (under NWP 14) 12 Stream 7 Section 404/401 Culvert 14 1 b Permanent 120 If (0.04 ac) No 13 Wetland Section 10 404/401 Road 14 1 b Permanent 0.41 ac. No 14 Stream Section 10 404/401 Culvert 14 1 b Permanent 147 If (0.01 ac) No *Impacts 3-5 have been eliminated 4 PCN Supplemental Information Stowe RWRRF & Associated Infrastructure Projects SAW-2019-01988 and DWR# 20-0405 Phase la: Mt. Holly Forcemains and Stowe Site Preparation (Section 10 and NWP No. 58) • Includes site preparation for the horizontal directional drill (HDD) of forcemains between existing Charlotte Water Long Creek Pumping Station (PS) to the existing City of Mount Holly WRF. • The purpose of the forcemains will be to transfer wastewater from the existing Mount Holly WRF to existing Long Creek PS. Once the Stowe RWRRF is operational (Phase 2a), it will treat the wastewater from Mt. Holly WRF. This would result in 0.058 acre of impacts associated with Wetland 10 (Impact 1) for a retaining wall for the future odor control facility pad associated with Stowe Headworks & Influent Pumping Station (Stowe HW&IPS) in Phase lc (Figure 13, Appendix A). This would result in a Section 10 impact due to HDD of forcemains beneath the Catawba River (Impact 2) with no acreage or linear footage loss of jurisdictional surface waters (Figure 12, Appendix A). An impact to Wetland 10 is necessary for the Stowe Headworks Improvement for the retaining wall to prepare the location of the odor control facility that will be built in Phase 1 c. As a result of this fill, 0.058 acres of Wetland 10 will be permanently impacted (Impact 1). Site preparation will involve typical construction equipment such as excavators, earthmovers, and bulldozers. Two parallel 24-inch high density polyethylene (HDPE) forcemains will be provided from Mount Holly WRF to the existing Long Creek P5, where they will discharge into the existing Long Creek interceptor. The dual 24-inch forcemains will be installed by horizontal directional drill (HDD) with each main installed in a single drill from the existing Long Creek Pumping Station site to the Mt. Holly WRF. One forcemain will serve as the duty main with the second functioning as a redundant standby main. Additionally, a 4-inch fiber optic conduit line will be included in each 24-inch main HDD to allow for more reliable communications and control between the receiving facilities and a future Mount Holly Pumping Station (PS), which will be brought online in a later Phase 1 c. The 24-inch main HDDs will extend from the Mount Holly WRF to the connection point with the Long Creek Interceptor, just north of the Long Creek Pump Station. The dual 24-inch mains HDD are 2,900-ft long and will cross under the Catawba River and Long Creek. Both the entry and exit points for the forcemains will be in uplands and beyond the FERC/Duke Energy management boundary. A 60-ft wide easement is requested along this alignment across the Catawba River and Long Creek to encompass both forcemains. No impacts to WoUS are proposed; however, because the Catawba River is a traditionally navigable waterway, NWP 58 authorization is required, along with a Section 10 review for hazards to navigation (Impact 2). No changes or structures are proposed for the water surface, water column, or riverbed; as such, no hazards to navigation are anticipated. The forcemain alignment, HDD entry and exit points, proposed easement boundaries, and piping profile are shown on Figure 12 (Appendix A). 5 PCN Supplemental Information Stowe RWRRF & Associated Infrastructure Projects SAW-2019-01988 and DWR# 20-0405 Phase 1b: Stowe RWRRF Access Roads (NWP No. 14) • Construction of access roads to the Stowe RWRRF (Phase 2a) site that would result in three separate road crossings: 1) One bridge spanning Long Creek will be built (southern access road) and no impacts to streams will occur at this location; however, impacts to Wetland 12 would occur (Impact 6) and was previously authorized under NWP 14. Previous authorization also included buffer authorization without mitigation for impacts to the Catawba River Buffer. Mitigation for Impact 6 (Wetland 12) was also previously paid (Appendix H). 2) Impact 12 (Stream 7) and Impact 13 (Wetland 10) are associated with a tributary crossing to Long Creek for the rerouted northern access road that was not previously authorized. The Catawba River Buffer does not apply to this crossing. 3) Impact 14 (Stream 10) is associated with a tributary crossing to Long Creek for the rerouted northern access road that was not previously authorized. The Catawba River Buffer does not apply to this crossing. The southern access road would result in 0.11 acre of impacts to Wetland 12 (Impact 6) (Section 404) (Figure 14, Appendix A). The northern access road would result in one crossing consisting of 0.41 acre of impact to Wetland 10 and 120 linear feet of Stream 7 (Impacts 12 and 13) (Section 404) (Figures 18-21, Appendix A) and another crossing that would result in 147 linear feet of impact to Stream 10 (Impact 14) (Section 404) (Figures 22 and 23, Appendix A). Access roads will be constructed during this phase, crossing Long Creek in the south from Hawfield Road off of Whitewater Center Parkway and two tributaries to Long Creek in the north from Belmeade Drive to Hawfield Road (Figure 12, Appendix A). These access roads are necessary for ingress and egress, and safety and security purposes. The main entrance will be located off of Hawfield Road (southern road/entrance). Due to frequent public events associated with the Whitewater Center, traffic on Whitewater Center Parkway would restrict both routine and emergency access to the facility via Hawfield Road. Therefore, a secondary entrance is proposed from Belmeade Drive, which will remain unaffected by events and traffic at the National Whitewater Center. The southern access road bridge (Impact 6) will be single span with concrete support structures placed beyond top of bank. The support structures for these bridges will be pile driven. The bridge approaches will be constructed first so that the pile driving can occur in uplands. A crane will be utilized to lift and place spans in place without impact to Long Creek. Equipment used in the construction will involve cranes, excavators, earthmovers, and bulldozers. Construction for this previously authorized impact has already commenced. The northern access road crosses an intermittent tributary to Long Creek (Stream 10) at the start of its jurisdiction. Impact 12 will consist of a roadway infrastructure pipe. The northern access road crosses another perennial tributary to Long Creek (Stream 7) with streamside 6 PCN Supplemental Information Stowe RWRRF & Associated Infrastructure Projects SAW-2019-01988 and DWR# 20-0405 wetlands (Wetland 10). The road crossing design includes retaining walls on either side of the proposed road to minimize impacts to Wetland 10, thus eliminating fill slopes with a larger footprint. These impacts were not previously authorized and have not commenced. Equipment used in the construction will involve excavators, earthmovers, and bulldozers. Phase lc: Stowe Headworks & Influent Pumping Station and Mount Holly Pumping Station • The purpose of the Stowe HW&IPS will be to provide preliminary wastewater treatment and would eventually send flows to the future Stowe RWRRF (Phase 2a), once operational. • A new pumping station would be constructed at the existing Mount Holly WRF in order to send wastewater flow to the Stowe HW&IPS. The existing Mount Holly WRF would be decommissioned (in a separate project by Mount Holly) upon completion of the Stowe RWRRF (Phase 2a). • No additional impacts to jurisdictional features are expected. • A Duke transmission line is proposed to be constructed to provide power services to the future Stowe RWRRF (Phase 2a). o No impacts to jurisdictional features are expected. There are existing equalization basins at Long Creek P5 adjacent to Hawfield Road on the Mecklenburg County side of the Catawba River. A new wastewater treatment plant facility will be created in Phase 2 of this project on a portion of land between the Catawba River and Long Creek (Figure 12, Appendix A). In order to support this proposed wastewater plant, which would require storing excess influent during large storm events and to equalize flow to the plant, the existing basins will need to be expanded and support facilities added. This will be referred to as the Stowe Headworks & Influent Pumping Station (Stowe HW&IPS). These improvements must be made prior to Phase 2 as they are part of the critical path for operations. In addition to new and expanded equalization basins, an odor control facility would be included to limit olfactory impacts to nearby recreational, public, and private facilities. This expanded footprint will require filling areas which would be conducted previously during Phase la. As such no impacts to jurisdictional features are proposed for Phase 1 c Phase 2a (this Permit) Phase 2 is split into Phase 2a and 2b. Phase 2b is a future phase and discussed in Section C6b below. Table 4 (below) summarizes regulatory authority, impact type, Nationwide Permit (NWP) number, and impact amount. Phase 2a requires authorization under Section 10 and NWP 58 for a floating dock (Impact 8), an effluent outfall rip rap apron (Impact 11 a), and dewatering activities (Impact 11 b). Phase 2a also requires authorization under NWP 58 for impacts to Wetland 17 (Impact 10a and 1 Qb) for the utility pipe install and floating dock access. Impacts 8, 10 and 11 were previously authorized under NWP 12, but now need to be reauthorized under NWP 58 and to include refined design. Additionally, there is an impact to a non -Section 404, 7 PCN Supplemental Information Stowe RWRRF & Associated Infrastructure Projects SAW-2019-01988 and DWR# 20-0405 isolated wetland (Impact 7, Wetland 9) as a result the preparing the Stowe RWRRF construction site (Figure 12, Appendix A). Table 5. Phase 2a Impacts Impact No. Feature Type Regulatory Authority Impact Type NWP No. Phase Permanent/ Temporary Total (ac) Previously Permitted 7 8 10a lob 11a 11b Wetland 9 Non -Section 404-Isolated Catawba Section River 10/404/401 Wetland 17 Wetland 17 Section 404/401 Section 404/401 Catawba Section River 10/404/401 Catawba Section River 10/404/401 Grading Floating Dock Excavation Clearing Rip Rap for Effluent Outfall Dewatering nla 58 and Section 10 2a 2a 58 2a 58 2a 58 and Section 10 58 and Section 10 2a 2a Permanent nla Permanent Temporary Permanent Temporary 0.18 No Loss of WoUS 0.017 ac. 0.008 ac 0.015 ac 0.005 ac. nla Yes (under NWP 12/Section 10) Yes (under NWP 12) Yes (under NWP 12) Yes (under NWP 12) Yes (under NWP 12) Phase 2a: Stowe Regional Water Resource Recovery Facility (Section 10 and NWP No. 58) • The Stowe RWRRF is proposed to be a 15 million gallons per day (mgd) WWTP facility that would treat wastewater flows from Charlotte Water and City of Mount Holly. The Stowe RWRRF facility would result in 0.18 acre of non jurisdictional isolated wetlands (non -Section 404) to Wetland 9 (Impact 7) (Figure 12, Appendix A). The Stowe RWRRF access dock would result in no loss of waters (floating dock with pile driven piles), but would require Section 10 authorization (Impact 8) (Figure 16, Appendix A). To construct both the effluent outfall and access dock, 0.017 acre of permanent impacts (Impact 10a) and 0.008 acre of temporary impacts (Impact lob) to Wetland 17 are proposed (Figure 16, Appendix A). The Stowe RWRRF effluent outfall would result in NWP 58 and Section 10 impacts to the Catawba River for 0.015 acre of permanent impact for a rip rap apron (Impact 11 a) and 0.005 acre of temporary impact for dewatering (Impact 11 b) (Figure 16, Appendix A). C5a. Jurisdictional Determinations • An Approved Jurisdictional Determination (AJD) was approved on 06/01/2020 (Appendix D) for 272 acres. • A Preliminary Jurisdictional Determination (PJD) addendum was approved on 12/07/2021 (Appendix D) for an additional 95 acres. • This application includes another PJD addendum (Appendix E) of an additional three acres, but also removes 94 acres from the Project Area (Figure 3, Appendix A) for a total acreage of 276 acres. 8 PCN Supplemental Information Stowe RWRRF & Associated Infrastructure Projects SAW-2019-01988 and DWR# 20-0405 C6b. Future Project Plans Phases 2b-3 are still in the planning stages. Phase 2b requires authorization under Section 10 and NWP 58 for HDD installation of forcemains beneath the Catawba River to send wastewater flows from the existing Belmont Wastewater Treatment Plant to the existing Paw Creek PS (Table 6). The design, location, and exact impacts are unknown at this time; however, see Figure 11 (Appendix A) for approximate location. The following is a brief description of the remaining phasing of the project. Phase 1 and 2a was described in detail in Section C4i. Table 6. Phase 2b Impacts Impact No. Feature Type Regulatory Authority Impact Type NWP No. Phase Permanent/ Temporary Impact Amount Previously Permitted 9 Catawba River HDD Secti beneath 58 and 10/404/401 Catawba Section 10 River 2b nla No Loss of WoUS Yes (under NWP 12/Section 10) Phase 2b (Future) Phase 2b: Belmont Pumping Station and Forcemains (Section 10 and NWP No. 58) • Additional HDDs are proposed beneath the Catawba River to send wastewater flows from the existing Belmont Wastewater Treatment Plant to the existing Paw Creek P5 • Belmont WWTP would likely be decommissioned (in separate project by City of Belmont) upon completion of the Forcemains. This would result in a NWP 58 and Section 10 authorization (Impact 9) due to HDD of forcemains beneath the Catawba River with no acreage or linear footage loss of jurisdictional surface waters. Phase 3 (Future) Phase 3: Stowe RWRRF Expansion • Expand the existing Stowe RWRRF (proposed to be built in Phase 2a) to 25 MGD to meet the growing population needs. • No impacts to WoUS anticipated El a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. To avoid and minimize impacts to waters of the U.S., the project area was delineated for jurisdictional streams and wetlands. Because the Catawba River is a Traditionally Navigable Waterway (TNW), Section 10 authorization is required for any impacts beneath, through, on, or over the river. For those impacts to the Catawba River that propose forcemain installation by HDD, no changes or structures are proposed for the water surface, water column, or riverbed so no hazards to navigation are anticipated. 9 PCN Supplemental Information Stowe RWRRF & Associated Infrastructure Projects SAW-2019-01988 and DWR# 20-0405 The EIS and approved ROD already considered alternatives for the overall Stowe RWRRF project, location, and HDD methods verses other wastewater treatment options. Impacts associated with the Stowe HW&IPS (Impact 1) cannot be avoided due to the existing location of the Long Creek P5. Impacts associated with the Stowe RWRRF are isolated and not regulated by the USACE (Impact 7). The dock and effluent outfall (Impacts 8 and 11) are in locations driven by the Stowe RWRRF preliminary design. As such, the alternatives considered here are associated with the road access alignments (Impacts 6, 12, 13, and 14). Impacts 2, 8, and 9 and are Section 10 impacts to the Catawba River, but do not propose surface water impacts. No -Build Alternative The No -Build Alternative would not involve the construction of a new regional treatment facility; however, it would include upgrading the existing Mt. Holly WRF and Belmont PS. In the absence of the project, capacity for wastewater treatment would be inadequate in providing these services for the existing and anticipated population. The No -Build Alternative would not meet the purpose and need of the project. Access Roads Alternatives Analysis The main access to the future Stowe RWRRF will be the southern road alignment via Hawfield Road. This southern access was approved in the ROD; additionally, Hawfield Road is already used to access the existing Long Creek P5. However, traffic on Whitewater Center Parkway (the only connection to Hawfield Road) can be severely backed up with no movement during public and private events at the National Whitewater Center. If there were an emergency at the facility, first responders could not access the facility. Therefore, a second access road from the north is necessary for ingress and egress options. The first consideration for a secondary access road was the existing entrance and roads on the adjacent Clariant site. The Clariant entrance is located at the intersection of Belmeade Road and Mt. Holly Road. This option proposed no impacts on the western side of Long Creek as it would only utilize existing roads. However, the existing entrance to Clariant would require a crossing of a railroad track and any blockage at the entrance gate would result in stopped traffic on an active railroad track. Furthermore, the utilization of Clariant roads for construction and operational vehicles of the Stowe RWRRF would directly interfere with commercial operations at Clariant. As access directly through the Clariant site was eliminated as a feasible northern option, a road alignment from Belmeade Drive to the site was considered. The northern road alignment was deemed to be the most feasible, both economically and environmentally. The southern alignment will connect the future Stowe RWRRF to existing Hawfield Road and Long Creek P5. 10 PCN Supplemental Information Stowe RWRRF & Associated Infrastructure Projects SAW-2019-01988 and DWR# 20-0405 E1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Erosion and sedimentation control measures will be properly installed and inspected in accordance with a NPDES Erosion and Sedimentation Control (ESC) permit. Erosion and sedimentation BMPs will be installed prior to construction. Impacts will be minimized by strict enforcement of Best Management Practices for the protection of surface waters, including restrictions against the staging of equipment in or adjacent to waters of the US. Piling drive techniques will be utilized for bridge construction to minimize the impact footprint of the bridge bents. This project will follow all conditions of NWP 14 and 58, including their respective Water Quality General Certifications (WGC) 4246 and 4276. Equipment to be used includes excavators, dumptrucks, earthmovers, cranes, and HDD equipment. E4i. In -Lieu Fee Mitigation Program Approximately 32.44 acres of wetlands with 13,249 linear feet of stream were identified on site. In previous permit submittals, 0.20 acres of jurisdictional wetlands were proposed to be impacted. These impacts were proposed to be mitigated as a 2:1 ratio which amounts to mitigating the equivalent of 0.40 acres, for which credits were purchased from the City of Charlotte Umbrella Stream and Wetland Mitigation Bank (Appendix H). Impact 6 (0.11 acre) and Impact 1 (0.053 ac.) are the impacts that remain currently mitigated. Additional mitigation is necessary for: • the 0.41 acre of wetland impact (Impact 13), proposed at a 2:1 ratio • the 0.017 acre of wetland impact (Impact 10a), proposed at a 2:1 ratio • the 120 linear feet (0.04 acre) of stream impact (Impact 12) per the Wilmington District's Regional Condition #7 for Mitigation for Loss of Stream Bed; proposed at a 2:1 ratio for linear footage impact amount Newly proposed mitigation totals are 0.85 acre of wetland credits and 240 linear feet of stream credits. A Credit Acceptance Letter from the Umbrella Stream and Wetland Mitigation Bank is attached (Appendix H). No mitigation is required for impacts to the non jurisdictional, isolated wetland impact (Impact 7 for 0.18 acre). E5i. Percussive Activities Pile driving will be required, a percussive activity, for the southern bridge crossing of Long Creek. The pile driving is necessary to provide support for the bridge spans. Pile driving techniques are the least invasive in wetlands and have the least amount of land disturbance. The southern bridge crossing will need eight piles driven, four at two different locations, each on either side of Long Creek (Figure 14, Appendix A). Duration for each location (total of three locations with four pilings at each location), is anticipated to be two days, limited to working daylight hours. This amounts to an estimated six days, but may not be back to back days, depending on weather and construction schedule. 11 PCN Supplemental Information Stowe RWRRF & Associated Infrastructure Projects SAW-2019-01988 and DWR 20-0405 E6i. Buffer Mitigation The NCDEQ DWR Section 401 previous approval provided written authorization without mitigation for impacts to the Catawba River Buffer that extends upstream into Long Creek (Appendix C). These buffer impacts (B1 buffer impact) totaled 6,410 square feet of Catawba River Buffer Zone 1 impact, and 4,494 square feet of Catawba River Buffer Zone 2 impact at the southern bridge crossing of Long Creek (Impact 6) (Figure 15, Appendix A). No changes are proposed from previous authorization. Additional written authorization without mitigation for impacts to the Catawba River Buffer along the mainstem associated with Impacts 10 and 11, totaled 1,388 square feet for Zone 1 and 927 square feet for Zone 2 (Appendix H). These buffer impacts have now been modified and are associated with the refined design for Impacts 10 and 11. For updated Impacts 10 and 11, two Catawba River Buffer Rule Uses are proposed through the Catawba River Buffer (Figure 17, Appendix A): 1) utility corridor for the effluent outfall (Use jj.ii.) a. permanent maintenance corridor is 30 feet wide b. temporary construction corridor is 13 feet wide c. results in 600 square feet in Zone 1 and 571 square feet in Zone 2 of permanent buffer impacts (B2 and B3 buffer impacts) d. proposed allowable with authorization (no mitigation) 2) boat dock access (Use rr.ii) a. permanent maintenance corridor is 20 feet wide b. temporary construction corridor is 12 feet wide c. results in 338 square feet in Zone 1 and 325 square feet in Zone 2 of permanent buffer impacts (B4 and B5 Buffer Impacts) d. proposed allowable with mitigation upon authorization due to the permanent maintenance corridor exceeding 15 feet in widt i. proposing a 2:1 multiplier for Zone 1 impacts and a 1.5:1 multiplier for Zone 2 impacts for a total of 1,163.5 square feet of buffer mitigation — see Appendix H for a Statement of Availability for buffer credits from the Dogtown Buffer Mitigation Bank Temporary impacts to the Catawba River Buffer Zones 1 and 2 will be restored to a forested condition once the proposed impacts are completed. G5. Endangered Species and Designated Critical Habitat The 2015 EIS examined potential impacts to federal and state protected species. The Preferred Alternative (this Project) was determined to have no impacts to federal and state protected species. However, the EIS did indicate a population adjacent to the project on the Mt. Holly side and the population was confirmed during a survey conducted on November 19th, 2019 by Carolina Wetland Services. HDR surveyed the Mecklenburg County side of the project over several days during the survey window for Schweinitz's sunflower in 2019 and HDR determined 12 PCN Supplemental Information Stowe RWRRF & Associated Infrastructure Projects SAW-2019-01988 and DWR# 20-0405 that there were no suitable habitat present on the Mecklenburg County side. Measures will be put in place, such as extra erosion control fencing and orange tree protection fencing within the project area to protect the population outside the project area; no direct or indirect impacts to this population are anticipated. Therefore, no impacts to federal or state protected species are anticipated. See previous permit approvals. 13 Appendix G Appendix G — Record of Decision REVISED RECORD OF DECISION STOWE REGIONAL WATER RESOURCE RECOVERY FACILITY (formerly known as the Long Creek Regional Wastewater Treatment Plant) CHARLOTTE WATERICITY OF MOUNT HOLLY/CITY OF BELMONT MECKLENBURG AND GASTON COUN ITS, NORTH CAROLINA DEQ#1603; DENR# 1597 PREPARED BY: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES January 2, 2020 (Replaces the approved March 18, 2015 version) CONTACT PERSON: David Wainwright NCDEQ, Division of Water Resources Mail Service Center 1611 Raleigh, NC 27699-161 1 (919)707-9045 David.Wainwright@ncdenr.gov REVISED - Record of Decision — Charlotte -Mecklenburg Utilities/City of Mount Holly Regional Wastewater Treatment REVISION NOTE Prior to construction of the proposed project, the applicant contacted the DWR regarding a few minor changes to the project. Changes include the location of an equalization basin and new access and construction roads. The preferred alternative has not changed and remains alternative 2. The applicant has submitted documentation to the Division dated December 20, 2019, with the subject line of "Charlotte - Mecklenburg Utilities/City of Mount Holly/City of Belmont Regional Wastewater Treatment Final Environmental Impact Statement Revision. Letter" which outlines proposed changes to the project and are addressed in this revised ROD. Proposed revisions are only to occur at the current Long Creek Pump Station site. Proposed project revisions will include additional impacts to wetlands, prime and unique farmlands, and flaodplains; but all will be minor or negligible impacts. Bridges over Long Creek will result in minor impacts to wetlands (less than 0.1 acre) and potentially minor or negligible impacts to floodways. Clearing of land will increase (approximately 4.5 acres for temporary construction access, approximately 8.5 acres for a permanent access road, and approximately 20 acres for the equalization basin). Much of these lands are considered prime and unique farmlands or farmland of statewide importance. However, these areas are forested and not currently being farmed, are zoned either industrial or single family residential, and are owned by the City of Charlotte. Due to these conditions, impacts to prime and unique farmlands is considered minimal. Due to the additional clearing, impacts to land cover will occur. Wildlife may be impacted by the additional clearing, but much of the surrounding area will still be forested and it is therefore expected that wildlife will relocate to those areas. The proposed changes will impact the Thread Trail (used for walking, hiking, and mountain hiking). Impacted portions of the will be relocated within the remaining 85-acre forested track, thereby mitigating additional impacts to public lands, scenic, and recreational areas. No additional impacts to areas of archeological or historical value; rare or protected species; air quality; noise; water resources, shellfish, and their habitats; water quality; soils; ground water; water supply; or impacts from toxic substances are anticipated. SUMMARY An EIS has been prepared for the Charlotte -Mecklenburg Utilities Department (CMUD) and the planned wastewater treatment expansion for the existing service area as well as surrounding service areas. The proposal considers wastewater treatment at a regional level and includes the City of Mount Holly, the City of Beltnont, Clariant Corporation (Clariant), and CMUD's western Mecklenburg County wastewater service area. A feasibility study was performed in 2006 for CMUD and the City of Mount Holly to identify potential alternatives to meet the needs of the projected growth in the service areas. Study results recommended a regional approach, and that is what is being pursued by CMUD and the City of Mount Holly. As discussed in the EIS, there has been extensive stakeholder involvement with the public and private sector as well as government officials throughout project development. The preferred alternative would include constructing a new Wastewater Treatment Plant (WWTP) facility on the Mecklenburg County side of the Catawba River on land near the existing Long Creek pump station. The new facility would treat wastewater from both CMUD and the City of Mount Holly. Flows from the City of Mount Holly and the City of Belmont would be pumped under the Catawba River to the new facility. 1 REVISED - Record of Decision — Charlotte -Mecklenburg Utilities/City of Mount Holly Regional Wastewater Treatment A new force main would be constructed from the City of Belmont WWTP to the Paw Creek lift station. The existing Long Creek pump station would be modified to serve as the influent pumping station for the new facility. PURPOSE AND NEED The purpose of the proposed project is to address future wastewater demands in northwestern Mecklenburg and eastern Gaston Counties. Populations in these areas are expected to grow considerably by 2030. Population growth in the CMUD service area, which includes the Long Creek Basin, Paw Creek Basin, Catawba Creek Basin, Gar Creek Basin, and the Lower Mountain Island Lake Basin, is expected to increase from 43,371 in 2010 to 115,580 in 2030. Consequently, wastewater flows in the service area is expected to increase from 6.44 million gallons per day (mgd) in 2010 to 14.74 mgd in 2030. In order to meet the needs of these growing areas, without hindering growth, the wastewater capacity of the region will need to be increased. ALTERNATIVES ANALYSIS Several alternatives were identified during the planning process. A total of seven alternatives were carried forward and considered in the EIS; the EIS provides a full discussion of these alternatives. A brief statement on each is below: 1. No Action: The Nu Action Alternative does not include construction of a new wastewater treatment plant or other associated infrastructure. However, based on a NCDENR requirement, this alternative would include upgrading the existing City of Mount Holly WWTP (Mount Holly WWTP) and City of Belmont WWTP (Belmont WWTP). Wastewater from the Long Creek basin would continue to be piped over 20 miles to the McAlpine Creek Wastewater Management Facility (WWMF). The Mount Holly WWTP is approaching its maximum design capacity. Without expansion, areas not currently serviced would likely have to utilize onsite septic systems. 2, Operate Jointly at New Regional WWTP in Mount Holly (Alternative 1): This alternative consists of constructing a new WWTP facility on land adjacent to the existing Mount Holly WWTP site. This new plant would serve the City of Mount Holly as well as CMUD. The Belmont WWTP would be decommissioned and replaced with a new pump station. A new force main would be constructed from the Belmont WWTP to the Paw Creek lift station. Wastewater from Long Creek would be pumped across the Catawba River to the new facility. A portion of the wastewater may he treated for reuse or reclaimed purposes such as landscape irrigation and industrial purposes. 3. Operate Jointly at New Regional W WTY in Mecklenburg County near Long Creek (Alternative 2 — Preferred Alternative): Under this alternative, a new WWTP facility would be constructed on the Mecklenburg County side of the Catawba River on land near the existing Long Creek Pump Station. The new facility would treat wastewater from both CMUD and the City of Mount Holly. Flows from the City of Mount Holly and/or City of Belmont would be pumped under the Catawba River to the new facility. A new force main would be constructed from the Belmont WWTP to the Paw Creek lift station, The existing Long Creek pump station would be modified to serve as the influent pumping station for the new facility. A portion of the wastewater may be treated for reuse or reclaimed purposes such as landscape irrigation and industrial purposes. 2 REVISED - Record of Decision —Charlotte-Mecklenburg Utilities/City of Mount Holly Regional Wastewater Treatment 4. Non-Discharge/Land Application Alternative: State law requires land application to be considered for any WWTP. This option was found to be technically and economically infeasible due to the large amount of land that would be required. Based on calculations, necessary land requirements would be between 37 and 230 acres for non -discharge ponds and storage and between 1,000 acres and 13,000 acres for land application. In an urban setting these land requirements would be difficult to achieve and the cost to purchase suitable land would be prohibitive. PREFERED ALTERNATIVE Alternative 2, operate jointly at a new regional WWTP on the Mecklenburg County side of the Catawba River near Long Creek, was chosen as the preferred alternative. This alternative was selected over the others because it meets the developing region's need for additional wastewater treatment capacity and results in a combination of fewer negative environmental consequences. These include comparatively fewer natural resource and environmental impacts at the building site; fewer construction and operational constraints; greater public recreation and open space benefits; reduced energy use; increased water volume in Lake Wylie for local uses such as power generation, cooling water, low flow supplementation, and drinking water; and concurrence with the planning goals of the affected local governments. Additionally, the placement of a single WWTP is preferable to other alternatives in terms of compatibility with existing and future land uses, protection of riparian buffers, and reduced impacts to critical areas such as streams and wetlands. Advanced treatment at a new facility would produce high quality effluent with low nutrient concentrations and provide additional water into Lake Wylie for many beneficial uses. The Preferred Alternative also provides regional wastewater treatment with a single discharge that promotes efficient planning, design, and permitting; minimizes shoreline and wetland impacts; and cost-effectively achieves project goals. It also has the potential to eliminate three existing discharges and reduce the risk of overflows by reducing wastewater pumping distance. ENVIRONMENTAL IMPACTS All means of avoiding or minimizing environmental and cultural impacts outlined in the EIS will be incorporated into the project. Moreover, the project will be designed and constructed to avoid adverse impacts to existing environmental features as much as practicable. A summary of impacts to environmental features and mitigative actions for the preferred alternative is described below: Topography and soils: There will not be significant long-term impacts as a result of the project. Impacts include those associated with leveling, excavation, and grading from construction of the project. Much of the preferred alternative would occur on land that has been previously disturbed. Impacts to soils and soil loss would be controlled through the use of appropriate Best Management Practices (BMPS). Land Cover and Land Use: The new facility constructed under the preferred alternative would be located on land currently zoned industrial and the Belmont pump station and force main would be constructed on previously disturbed land. With the preferred alternative, there would be approximately 85-acres of undisturbed forested lands adjacent to the National Whitewater Center that could be used for public uses such as greenways or other recreational activities. Impacts to the Thread Trail would be mitigated by relocating affected trail portions within the remaining forested tract adjacent to the project. 3 REVISED Record of Decision —Charlotte-Mecklenburg Utilities/City of Mount Nally Regional Wastewater Treatment Wetlands and Floodplains: Force mains would cross the Catawba Ri ver, Paw Creek, and Long Creek. These crossings would be within the floodplain and associated wetland areas. Force mains and outfall structure would be directionally bored, eliminating direct impacts to wetlands. The outfall would be constructed within the Catawba River floodplain but will not result in an increase in the 100-year flood base flood elevation. Impacts from access road bridges over Long Creek will minimize impacts to wetlands and floodplains but will still result in unavoidable but minimal impacts to wetlands and floodplains. Water Quality: Impacts to surface waters include those from stormwater runoff, riparian buffer impacts, and wastewater effluent. Increases in stormwater runoff may affect aquatic resources. The project will require a Stormwater Pollution Prevention Plan (SWPPP); the included guidelines will minimize and reduce the number and amount of pollutants leaving the site through BMPs. Riparian buffer areas may be affected by force main and outfall crossings. Impacts to these areas will be minimized through the use of directional boring under streams and associated riparian areas. Additionally, proposed facilities will be located outside of riparian buffer areas. Wastewater discharge to Lake Wylie will increase. Compliance with all NPDES permit limits will be required. Ground Water: No direct impacts to groundwater are expected. Water Supply: The proposed project will increase the amount of wastewater being discharged into Lake Wylie. NPDES permit limits will protect the quality of water which will not exceed drinking water standards. Wildlife and Aquatic Resource Habitats: Impacts to terrestrial species is expected to be limited to those areas that will be cleared; impacted wildlife may move to adjacent forested areas. Impacts to aquatic species are expected to be minimal due to stormwater controls and stringent NPDES discharge limits. Rare and Protected Species: The preferred alternative will not impact any rare or protected species. Public, Scenic, and Recreational Areas: A portion of the proposed project is in close proximity to the National Whitewater Center. The proposed alternative would preserve an approximately 85-acre tract adjacent to the National Whitewater Center which could be used to provide additional hiking and biking trails as well as a new canoe launch on Long Creek. Potential adverse impacts include odors and wastewater spills, which could result in disruption of recreational activities. New facilities would be designed to prevent storm -flow bypasses and sanitary sewer overflows. Odor control technology would be incorporated into the project as well. Impacts to the Thread Trail would be mitigated by relocating affected trail portions within the remaining forested tract adjacent to the project. Energy Resources: Energy consumption would increase as the new facility comes online, but usage would partially be offset by not having to pump wastewater from Long Creek pumping station to McAlpine Creek WWTP. Additional water volume in Lake Wylie could potentially be used for additional power generation, and it may be possible to use onsite generated methane to partially power the facility and reduce the consumption of natural gas. Archeological or Historical Resources: There are no properties registered on the National Sate Register of Historic Places. State Historic Preservation Office correspondence states that they will not require any archeological surveys. Prime Agricultural Lands; Construction of the equalization basin, access roads, and temporary construction access roads will result in impacts to prime agricultural lands. However, the affected lands are currently forested and not being used for agriculture, are zoned industrial and single residence, and are owned by the 4 REVISED - Record of Decision — Charlotte -Mecklenburg Utilities/City of Mount Holly Regional Wastewater Treatment City of Charlotte. Since the City of Charlotte has no intent to sell or farm the land, and based on current zoning, impacts are deemed minimal. Air Quality: Direct impacts to air quality will be temporary and minor, During construction, dust control measures will be employed to limit dust exposure in the project area. Operation of the plant will not produce any regulated air quality contaminants, Nearby residences and businesses would be buffered by forested areas surrounding the facility. An air quality permit would be required for the operation of the back-up generators and methane gas produced onsite would likely be used to generate power for the facility. Nuisance Conditions: Temporary noise and dust will be generated as result of construction. Odor control measures would be used at the plant and pumping station. Most equipment would be housed in buildings which will also help reduce noise and odors. A forested buffer around the facility will also help alleviate potential noise and odor concerns. Toxic Substances: Toxic substances will not be introduced during construction. All chemical storage and feed areas at the plant would be provided with secondary containment. Onsite diesel fuel tanks for generators will have secondary containment and leak detection systems, SECONDARY AND CUMULATIVE IMPACTS The secondary and cumulative impacts associated with the preferred alternative would generally be related to continued urban growth and land use changes associated with population increases in the service area. It is expected that population increases and associated secondary and cumulative impacts would occur regardless of whether or not the proposed project is constructed. The Gar and Catawba Sub -basins and portions ❑f the Mountain Island Lake Sub -basin currently utilize onsite septic tanks. The preferred alternative may allow these areas to be serviced with the wastewater facility which would help eliminate the effects of failing septic sewer systems. If these areas were to be serviced by the new facility, it would allow higher density development than what currently exists in these areas. This may allow these areas to have more development due to higher density than would be seen if the area remained on individual septic systems. Growth would continue in other areas of the service areas as well. Several local and State regulations are in place throughout the project service area that will minimize secondary and cumulative impacts and include various zoning restrictions, Water Supply Watershed Protection areas, stormwater BMPS and regulations, riparian buffer rules, NPDES permitting, floodplain protection ordnances, and municipal separate storm sewer systems (MS4). Public sewer extension projects would be required to apply for and obtain the necessary permits and evaluate, avoid, and minimize environmental impacts. Water supply watershed protection rules, which limit land use densities and apply other development restrictions to protect water quality, apply to a large portion of the project service area in both Gaston and Mecklenburg Counties. Additionally, a number of local policies and ordinances are in place that would further limit secondary and cumulative impacts. Beneficial impacts of the proposed project may also occur. By relocating the discharge paint from Long Creek to Lake Wylie, energy currently being used to pump wastewater 20 miles will be saved. The additional discharge into Lake Wylie could be used to produce additional electricity. While some of the treated effluent would be used onsite as reclaimed water, there exists the possibility that the reclaimed water 5 REVISED - Record of Decision — Charlotte -Mecklenburg UtIlities/City of Mount Holly Regional Wastewater Treatment program could be expanded to include industrial and/or landscape applications, which could, in turn, reduce the demand for treated drinking water during peak and drought conditions. NECESSARY ACTIONS It is anticipated that the project will require the following actions: • NPDES Permit • FERC Permit • Air Quality Permit ■ Dam Permit (for Equalization Basin embankment) ■ 40 Water Quality Certification • 404 Clean Water Act Permit • Erosion Control Permit • Mecklenburg County Building Permit ■ Authorization to Construct EIS REVIEW AND COMMENT The EIS has been properly advertised and reviewed by State and Federal agencies. Extensive public input has been made into the planning process. Comments from agencies and citizens have been incorporated into the proposed project. A copy of this Revised Record of Decisionwill be sent to the Clearinghouse, all review agencies, and a notice of its availability will be published in the Environmental Bulletin. iriduoty L fida Culpepper (Date) Director, Division of Water Resources 6 Appendix H Appendix H — Mitigation Transfer Form, Wetland, Stream, and Buffer Credit Availability Compensatory Mitigation Responsibility Transfer Form Permittee: Charlotte Water, Carl Wilson Action ID: SAW-2019-01988 Project Name: Stowe Regional Water Resource Recovery Facility & Associated Infrastructure Projects County: Mecklenburg Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03050101, Catawba River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.2 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03050101, Catawba River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.4 Mitigation Site Debited: City of Charlotte Umbrella Stream and Wetland Mitigation Bank (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington ❑istrict Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: City of Charlotte Umbrella Mitigation Bank Name of Sponsor's Authorized Representative: Erin Shanaberger, Mitigation Bank Administrator 3-iic 1 /21 /2021 Signature of Sponsor's Authorized Representative Date of Signature Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from City of Charlotte Umbrella Stream and Wetland Mitigation Bank. confirming they are willing and able to accept the applicant's compensatory mitigation responsibility, dated 2/18/2020 was included with the preconstruction notification. This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Offke, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC27587 (email: todd.tugwell@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: USACE Field Office: Email: David L. Shaeffer Charlotte Regulatory Office US Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 david.l.shaeffer@usace.army.mil Digitally signed by SHAEFFER.DAVID.LEIG H.1260750573 Date: 2020.05.28 07:10:29 -04'00' 5/28/2020 USACE Project Manager Signature Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil ROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD Director Carl Wilson Charlotte Water 5100 Brookshire Blvd Charlotte, NC 28216 NORTH CAROLINA Environmental Quality August 11, 2022 Expiration of Acceptance: 2/11/2023 Project: Stowe Regional Water Resource Recovery Facility County: Mecklenburg The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location (8-digit HUC) Impact Type Impact Quantity Catawba 03050101 Riparian Wetland 0.423 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. cc: Kelly Thames, agent DE I I WAlifn INA Ofpleterdell MEmirnnment lque Sincerely, Ael•PJA-7) FOR James. B Stanfill Deputy Director North Carolina Department of Environmental Quality I Division of Mitigation Services 217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919,707.8976 T.TTT RE 600 E. Fourth Street Charlotte, NC 28202 Fax 704.353.0473 August 11, 2022 Kelly Thames 440 S. Church Street, Suite 1200 Charlotte, NC 28202 Transmitted via email to kelly.thames@hdrinc.com Subject Project: Stowe Regional Water Resource Recovery Facility (WRRF) (SAW-2019-01988) HUC#: 03050101 (Upper Catawba) The purpose of this letter is to notify you that the City of Charlotte Umbrella Stream and Wetland Mitigation Bank ("Umbrella Bank") is willing to accept payment for stream impacts associated with the subject project. Please note that the decision by the Umbrella Bank to accept the mitigation requirements of this project does not assure that this payment will be approved by the U.S. Anny Corps of Engineers or the North Carolina Division of Water Quality 401/Wetlands Unit. It is the responsibility of the applicant to contact these agencies to determine if payment to the Umbrella Bank for impacts associated with this project is appropriate. This acceptance is valid for six months from the date of this letter. The following documents must be submitted to the Umbrella Bank within this time frame for this acceptance to remain valid: 1. 404 Permit Verification 2. 401 Water Quality Certification 3. Executed Departmental Transfer Invoice (DTI) between Engineering Services and Storm Water Services detailing the use of and payment for the credits described in the table below. Based on the information supplied by your office, the stream and wetland credits that are necessary to satisfy the compensatory mitigation requirements for this project are detailed in the table below. The total mitigation credits available for this project are also indicated in this table. A portion of the available credits are from a different HUC than the impact project. Depending on the project schedule, it is anticipated that WMUs within the same HUC may become available prior to purchase. Stream (linear feet) Wetlands (acres) Credits Requested for This Project 240 0.00 Credits Available for This Project 240 0.00 Mitigation Project Name(s) Torrence Creek The stream and wetland mitigation will be provided as specified in the Section 404 Permit or corresponding 401 Water Quality Certification for impacts associated with the subject project in Hydrologic Unit 03050103 of the Lower Catawba. The mitigation will be performed in accordance with the Agreement to Establish the City of Charlotte Umbrella Stream and Wetland Mitigation Bank in Mecklenburg County, North Carolina, dated June, 16, 2004. If you have any questions or need additional infonnation, please contact me at (704) 412-0883 or jacey.meador@charlottenc.gov. Sincerely, Charlotte Storm Water Services //L¢(LGLB2 Jacey Meador Water Quality Program Specialist • To report pollution or drainage problems, call: 311 (H.IRIAJrfl http://stormwater.charmeck.org fires EBX Buffer Mitigation Banks Statement of Availability August 9, 2022 NC Division of Water Resources Doug Perez 610 East Center Ave., Suite 301 Mooresville, NC 28115 Re Project: Stowe Regional Water Resource Recovery Facility This document confirms that Charlotte Water (Applicant) for the Stowe Regional Water Resource Recovery Facility (Project) has expressed an interest to utilize 1,163.50 Square Feet of Riparian Buffer Mitigation Credits from the following bank, RES Dogtown Buffer Mitigation Bank. The specific bank site that may be debited Dogtown, that is located in the Catawba River watershed, specifically HUC 03050101. As the official Bank Sponsor, EBX, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in fill is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. Please contact me at 919-209-1055 or astaley@xes.us if you have any questions. Best, ?-,tt Amy Staley Resource Environmental Solutions, LLC 3600 Glenwood Avenue, Suite 100 Raleigh, NC 27612 Bank Sponsor — Environmental Banc & Exchange (EBX)