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HomeMy WebLinkAbout20150551 Ver 1_401 Application_20150615Planning Mr William Elliott U S Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801 Mr Alan Johnson NCDENR Division of Water Resources 610 East Center Street, Suite 301 Mooresville, NC 28115 Ms Karen Higgins NCDENR Division of Water Resources Wetlands & Storm Water Branch 512 North Salisbury Street Raleigh, NC 27604 June 2, 2015 Dear Ms Higgins and Mr Messrs Elliott and Johnson, Leonard S Rmdner, PLLC 20154551 Enclosed is a request for Nationwide Permit #29 associated with the proposed development of a residential retirement community known as Adelaide Estates Proposed permanent impacts associated with the project total 119 linear feet of stream channel for the installation of a culvert for a road crossing to access the development A proposed sanitary sewer line will be installed through directional bore methods under a stream channel therefore no additional impacts are expected The storm water plan for the site has already been approved and the approval letter is enclosed The site plan was designed to avoid jurisdictional features to the maximum extent practicable while still providing a viable access and development of the site Due to the location /extent of jurisdictional features on the site, complete avoidance was not practicable All impacts for the project are associated with the installation of culvert to access upland areas of the site No mitigation is proposed due to the minor amount of stream channel being proposed and the avoidance of the remainder of stream /wetland features on the site We appreciate the opportunity to provide this information and please contact us if you have any questions Sincerely, Charlotte Office www wetlands -epg com Asheville Office 10612 -D Providence Rd 1070 Tunnel Rd, Bldg I PMB 550 Suite 10, PMB 283 Charlotte NC 28277 Asheville, NC 28805 (704) 904 -2277 (828) 708 -7059 ten rindner @wetlands -epg com 1 amanda tones g wetlands -epg com Wetlands and Amanda Jones, PWS Regulatory Specialist Leonard 5 Rindner, PLLC Heath Caldwell, PWS I rnc""rw Environmental Scientist Charlotte Office www wetlands -epg com Asheville Office 10612 -D Providence Rd 1070 Tunnel Rd , Bldg I PMB 550 Suite 10, PMB 283 Charlotte, NC 28277 Asheville, NC 28805 (704) 904 -2277 (828) 708 -7059 len rindner @wetlands -epg com 2 amanda cones @wetlands -epg com C O .4 cd V d d Q .0 L Q� 0- Permit Application �OF WATF9O O G Office Use Only Corps action ID no DWQ project no Form Version 1 4 January 2009 Page 1 of 10 PCN Form — Version 1 4 January 2009 Pre - Construction Notification (PCN) Form A Applicant Information 1 Processing 1a Type(s) of approval sought from the Corps ❑X Section 404 Permit ❑ Section 10 Permit 1 b Specify Nationwide Permit (NWP) number 29 or General Permit (GP) number 1c Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1d Type(s) of approval sought from the DWQ (check all that apply) ❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization le Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification ❑X Yes ❑ No For the record only for Corps Permit ❑ Yes NX No 1f Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program ❑ Yes ❑X No 1g Is the project located in any of NC's twenty coastal counties If yes, answer 1h below ❑ Yes ❑X No 1h Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2 Project Information 2a Name of project Adelaide Estates 2b County Union County 2c Nearest municipality / town Wesley Chapel 2d Subdivision name 2e NCDOT only, T I P or state project no 3 Owner Information 10) 19 VV7 3a Name(s) on Recorded Deed Mike Kissel 3b Deed Book and Page No JUN 3c Responsible Party (for LLC if applicable) Bonterra Builders, LLC DENR . 3d Street address 5615 Potter Road 8 BUFFER PE CES 3e City, state, zip Matthews, NC 28104 3f Telephone no 980- 333 -1038 3g Fax no 3h Email address I mkissel @bonterrabuilders com Page 1 of 10 PCN Form — Version 1 4 January 2009 4 Applicant Information (if different from owner) 4a Applicant is ❑ Agent ❑ Other, specify 4b Name 4c Business name (if applicable) 4d Street address 4e City, state, zip 4f Telephone no 4g Fax no 4h Email address 5 Agent/Consultant Information (if applicable) 5a Name Len Rindner 5b Business name (if applicable) Leonard S Rindner, PLLC, Wetlands & Environmental Planning Group (WEPG) 5c Street address 10612 -D Providence Road, PMB 550 5d City, state, zip Charlotte, NC 28277 5e Telephone no 704 904 2277 5f Fax no 5g Email address len nndner @wetlands -epg corn Page 2 of 10 B Project Information and Prior Project History 1 Property Identification 1a Property identification no (tax PIN or parcel ID) 06006010 1 b Site coordinates (in decimal degrees) Latitude 34 9943 Longitude -80 6618 1c Property size 6775 acres 2 Surface Waters 2a Name of nearest body of water to proposed project East Fork Twelvemile Creek 2b Water Quality Classification of nearest receiving water C 2c River basin Catawba 3 Project Description 3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application The site is currently undeveloped and predominately wooded General land use in the vicinity consists of residential and commercial developments 3b List the total estimated acreage of all existing wetlands on the property 0 428 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 2,869 3d Explain the purpose of the proposed project The purpose of the protect is for development of residential structures and access 3e Describe the overall project in detail, including the type of equipment to be used Grading and installation of a 48" RCP culvert will impact approximately 119' of sRPW C which will be captured for construction of an access road The l: 4 Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ❑ Yes X❑ No ❑ Unknown Comments 4b If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑ Final 4c If yes, who delineated the jurisdictional areas? Name (if known) Agency /Consultant Company Other 4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation A site visit was conducted by Mr William Elliott on 2/4/2014 5 Project History 5a Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? El Yes ❑X No ❑ Unknown 5b If yes, explain in detail according to "help file" instructions 6 Future Project Plans 6a Is this a phased project? ❑ Yes ❑X No 6b If yes, explain Page 3 of 10 PCN Form — Version 1 4 January 2009 C. Proposed Impacts Inventory 1 Impacts Summary la Which sections were completed below for your project (check all that apply) ❑ Wetlands X❑ Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2 Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted 2a Wetland impact number Permanent (P) or Temporary T 2b Type of impact 2c Type of wetland 2d Forested 2e Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f Area of impact (acres) W1 Choose one Choose one Yes /No - W2 Choose one Choose one Yes /No W3 Choose one Choose one Yes /No W4 Choose one Choose one Yes /No W5 Choose one Choose one Yes /No W6 Choose one Choose one Yes /No 2g Total Wetland Impacts 2h Comments 3 Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted 3a Stream impact number Permanent (P) or Temporary (T) 3b Type of impact 3c Stream name 3d Perennial (PER) or intermittent (INT)? 3e Type of jurisdiction 3f Average stream width (feet) 3g Impact length (linear feet) S1 P Culvert sRPW C INT Corps 4 119 S2 Choose one S3 Choose one S4 Choose one S5 Choose one S6 Choose one 3h Total stream and tributary impacts 119 31 Comments Page 4 of 10 PCN Form —Version 1 4 January 2009 4 Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U S then indiv ually list all open water impacts below 4a Open water impact number Permanent (P) or Temporary T 4b Name of waterbody (if applicable) 4c Type of impact 4d Waterbody type 4e Area of impact (acres) 01 Choose one Choose O2 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f Total open water impacts 4g Comments 5 Pond or Lake Construction If pond or lake construction proposed, the complete the chart below 5a Pond ID number 5b Proposed use or purpose of pond 5c Wetland Impacts (acres) 5d Stream Impacts (feet) 5e Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f Total 5g Comments 5h Is a dam high hazard permit required ❑ Yes ❑ No If yes, permit ID no 51 Expected pond surface area (acres) 5j Size of pond watershed (acres) 5k Method of construction 6 Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below If yes, then individually list all buffer impacts below If any impacts require mitigation, then you MUST fill out Section D of this form 6a Project is in which protected basin? ❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other 6b Buffer Impact number — Permanent (P) or Temporary T 6c Reason for impact 6d Stream name 6e Buffer mitigation required? 6f Zone 1 impact (square feet ) 6g Zone 2 impact (square feet B1 Yes /No B2 Yes /No B3 Yes /No B4 Yes /No B5 Yes /No B6 Yes /No 6h Total Buffer Impacts 61 Comments Page 5 of 10 D Impact Justification and Mitigation 1 Avoidance and Minimization 1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project The protect area is approximately 68 acres in size in which a portion is bisected by streams /wetlands therefore a road crossing is needed to access uplands within the eastern portion of the site Total impacts proposed are to 1191f of stream The site contains over 2700 linear feet of stream channel and 0 428 acres of wetlands which are being avoided No impacts will occur from lot fill or sewer lines which will be directional bored to avoid additional impacts to streams 1 b Specifically describe measures taken to avoid or minimize the proposed Impacts through construction techniques The culvert length and fill within the stream have been designed /sized to safely accommodate anticipated residential traffic but minimize the area of impact to existing surface waters 2. Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State 2a Does the project require Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State? ❑ Yes X❑ No 2b If yes, mitigation is required by (check all that apply) ❑ DWQ ❑ Corps 2c If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑ Payment to In -lieu fee program ❑ Permittee Responsible Mitigation 3 Complete if Using a Mitigation Bank 3a Name of Mitigation Bank 3b Credits Purchased (attach receipt and letter) Type Choose one Type Choose one Type Choose one Quantity Quantity Quantity 3c Comments 4 Complete if Making a Payment to In -lieu Fee Program 4a Approval letter from In -lieu fee program Is attached ❑ Yes 4b Stream mitigation requested linear feet 4c If using stream mitigation, stream temperature Choose one 4d Buffer mitigation requested (DWQ only) square feet 4e Riparian wetland mitigation requested acres 4f Non - riparian wetland mitigation requested acres 4g Coastal (tidal) wetland mitigation requested acres 4h Comments 5 Complete if Using a Permittee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan Page 6 of 10 PCN Form —Version 1 4 January 2009 6 Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? El Yes X No 6b If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the amount of mitigation required Zone 6c Reason for impact 6d Total impact (square feet) Multiplier 6e Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1 5 6f Total buffer mitigation required 6g If buffer mitigation is required, discuss what type of mitigation is proposed (e g , payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund) 6h Comments Page 7 of 10 E Stormwater Management and Diffuse Flow Plan (required by DWQ) 1 Diffuse Flow Plan 1a Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑X No within one of the NC Riparian Buffer Protection Rules? 1 b If yes, then Is a diffuse flow plan Included? If no, explain why ❑ Yes ❑ No 2 Stormwater Management Plan 2a What Is the overall percent Imperviousness of this project? 24% 2b Does this project require a Stormwater Management Plan? ❑X Yes ❑ No 2c If this project DOES NOT require a Stormwater Management Plan, explain why 2d If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan In order to meet the requirements of the local ordinance, one (1) dry detention basin is being proposed for the site and is designed to attenuate the 2yr and 10yr storms The proposed dry detention basins will be used as sediment control basins for the road and infrastructure improvements during the erosion control phases Additionally, please see the attached preliminary stormwater management plan and the attached Stormwater Permit No SW33140801 2e Who will be responsible for the review of the Stormwater Management Plan? Union County 3 Certified Local Government Stormwater Review 3a In which local government's jurisdiction Is this project? Union County 0 Phase II ❑ NSW 3b Which of the following locally - Implemented stormwater management programs ❑ USMP apply (check all that apply) ❑ Water Supply Watershed ❑ Other 3c Has the approved Stormwater Management Plan with proof of approval been El Yes ❑X No attached? 4 DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a Which of the following state - Implemented stormwater management programs apply ❑ORW (check all that apply) ❑Session Law 2006 -246 ❑Other 4b Has the approved Stormwater Management Plan with proof of approval been ❑X Yes ❑ No attached? 5 DWQ 401 Unit Stormwater Review 5a Does the Stormwater Management Plan meet the appropriate requirements? ❑X Yes ❑ No 5b Have all of the 401 Unit submittal requirements been met? ❑X Yes ❑ No Page 8 of 10 PCN Form —Version 1 4 January 2009 F Supplementary Information 1 Environmental Documentation (DWQ Requirement) la Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ❑X No use of public (federal /state) land? lb 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 El Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter ) Comments 2 Violations (DWQ Requirement) 2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards, ❑Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B 0200)? 2b Is this an after - the -fact permit application? El Yes ❑X No 2c If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s) 3 Cumulative Impacts (DWQ Requirement) 3a Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes ❑X No additional development, which could impact nearby downstream water quality? 3b If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy If you answered "no," provide a short narrative description No cumulative effects are anticipated from the protect There are no additional properties to be developed that are associated with this protect so all the impacts have been accounted for 4 Sewage Disposal (DWQ Requirement) 4a Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility Wastewater generated on the site will be transported to the nearest treatment facility via installation of sewer lines Page 9 of 10 PCN Form — Version 1 4 January 2009 5 Endangered Species and Designated Critical Habitat (Corps Requirement) 5a Will this project occur In or near an area with federally protected species or ❑ Yes ❑X No habitat? 5b Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ❑X No Impacts? 5c If yes, Indicate the USFWS Field Office you have contacted - 5d What data sources did you use to determine whether your site would Impact Endangered Species or Designated Critical Habitat? Professional knowledge of threatened /endangered resources in the area No habitat for potential species exists on site 6 Essential Fish Habitat (Corps Requirement) 6a WIII this project occur In or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b What data sources did you use to determine whether your site would Impact Essential Fish Habitat? No Essential Fish Habitat in this region 7 Historic or Prehistoric Cultural Resources (Corps Requirement) 7a Will this project occur In or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ❑X No status (e g , National Historic Trust designation or properties significant In North Carolina history and archaeology)? 7b What data sources did you use to determine whether your site would Impact historic or archeological resources? http / /gis ncdcr gov /hpoweb/ 8 Flood Zone Designation (Corps Requirement) 8a WIII this project occur In a FEMA - designated 100 -year floodplain? ❑ Yes ❑X No 8b If yes, explain how project meets FEMA requirements 8c What source(s) did you use to make the floodplain determination? Information provided by Engineer and union county floodplain mapping system Ss�S w — a—Appp�licMtlAgent's �) /o l�s Applicant /Agent's Printed Name Date Signature (Agent's signature is valid only if an authorization letter from the applicant is provided Page 10 of 10 LEONARD S. RINDNER PWS Environmental Planning Consultant _ 3714 Spokeshave Lane Professional Wetland Scientist Matthews, NC 28105 Land Planning (704) 904 -2277 Ap-ent Authorization Letter The purpose of this form is to authorize our firm to act on your behalf in matters related to aquatic resource (i a stream/wetlands) identification /mapping and regulatory permitting The undersigned, who are either registered property owners or legally under authonzed to conduct due diligence activities on the property as identified below, do hereby authorize associates of Leonard S. Rindner, PLLC, Wetlands and Environmental Planning Group (WEPG) to act on my behalf and take all actions necessary for the processing, issuance, and acceptance of applicable permit(s) and/or certification(s) Project/Site Name Property Address South Potter Road Parcel identification Number (PIN) 06006010 Select one I am an Interested Buyer with Contract to Purchase Name: Mike Kissel Company: Bonterra Builders Mailing Address: 5615 Potter Road, Matthews, NC 28104 Telephone Number: 980- 333 -1038 Electronic Mail Address: mkissel @bonterrabuilders com * The Interested Buyer /Other acknowledges that an agreement and /or formal contract to purchase and /or conduct due diligence activities exists between the current property owner and the signatory of this authorization to cases where the property is not owned by the signatory N C ZZ N d (z m Maps /Plans t' i r ' 6- 4 ..+ . SITE SOUTH POTTER ROAD "A 10 � 2013 Google Irri,--iciera Clete: 01, 1x1 Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. len.rindner @wetlands- epg.com (704) 904 -2277 www. wetlands -epg. cone yam- -- } OWN W��� Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC. len.rindner @wetlands - epg.com (704) 904 -2277 w vw.wetiands- epg.cone ti I t vs, \i R z T co \ -0 uj Ln Ln ra r E 0 0 E n uj UJ W uj ca 0 r- -E Ln R z U Q o Z t �aR a X0.0 v _ � Lz7 c � w Grp p /�. F 3 � � - N i or 1 s g e, r� :, r T \m 41 3 � � J Ln W QiD o Ln m c 0 5� �i z j O_ ~ Ln W V W S ~ S H z O N w LA K N LV Q O w Ly F_ O o u 3 Z z C a Q O u ui ��Q O z Z Q O o ti X z � � W C n 5� N 0 Lu oe r U) j5 = V Lt 1 vDVFI:;j I oz '0" D 0 0 - xcno N ZN' Z Nn= 0-u uNDO� ODA510 Oro Z 0 0 mnW Z D r D J0 Z . 0 TI Z D r v 0 T1 D r i G� / mrlm0m mN p CZr. C D Z m D m � m 71 Z D D r Z9 G� NoZ0 �DO� . 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Skv Pat McCrory Secretary Governor August 14, 2014 Mr Darren Sutton, Manager Bonterra Builders 5615 Potter Road Matthews, North Carolina 28104 Subject. Stormwater Permit No. SW3140801 Adelaide Estates in Union County Dear Mr. Sutton: complete Stormwater The Division of Energy, Mineral, and Land Resources (DELMR), received a Management Permit Application for the subject project ed August comply 2014. ith he Stortmwat r Regulations ons set specifications has determined that the project, as prop n Title 15A NCAC 2H.1000 and Session Law 2006-246, d ain maintenance of hes subject P Je t and the 08 , permit No. forth i operation dated August 14, 2014, for the construction, op unit that maybe stormwater system. This permit shall be effective ndrdoes not supersede any other agency permit to e conditions and limitations as specified therein, required. you have the right to If any parts, requirements, or limitations contained en petition with the offcecoft Administrative Statutes Per request an adjudicatory hearing by filing days G receipt antis permit. (OAH). The written petition must cone filed to Chapte with the OAH within thirty (30) d ys Genera and/or the NCGS 143- 215(e) the petition must b Mail Service Center, Raleigh, NC 27699 -6714, or via telephone at 919 - You should contact the OAH with a�auestions regarding the filing fee (if a filing fee is required) details of the filing process at 6714 or visit their website at www.NCOAH com Unless such demands are made this permit shall e 431-3000, final and binding, ro'ect will be kept on file at the Mooresville Regional Office If you have any questions, or need This p lease contact Mike Randall at (9 19) 807 -6374; or additional information concerning this matter, p mike rndall @ncdenr gov. sincerely, 1 2- 7 - for Tracy E SW3140801 File, Mooresville Regional Office Mike Kissel, Bonterra Builders Mattew Mobley, P.E , Design Resource Group Davis, PE, CPM, Director cc ec• Division of Energy, Mineral, and Land Resources Energy Section � hl Survey Section Section Service Center, Raleigh, North Carolina 276991612 919- 7 92001 F AX: 919 - 715 -8601 1612 Ma 512 North Salisbury Street, Raleigh, North Carolina 2604 o internet Action Employer ? 50% Recycled hit I/ Consumer Paper An Equal opportunity \ Affirmative State Stormwater Permit Permit No.SW4130801 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES STATE STORMWATER MANAGEMENT PERMIT In accordance with the provisions otherta Article cable Laws, and Regulations of North Carolina as amended, p PERMISSION IS HEREBY GRANTED TO Bonterra Builders Darren Sutton Sandy Ridge Township, Union County FOR THE construction, operation and maintenance of a low density development in compliance with the provisions of NCAC approved stormwate?m0anage(hereafter ent Gans and red to as the stormwater rules') an pp roved specifications, and other a supporting fg data a as attached and on file with and app y the State and considered p The Permit shall be effect ve m the oe of d limitations- 1. u ncuntil rescinded and shall be subject to the following specific conditions DESIGN STANDARDS or under 2 Dwe g 1 The overall tract built -upon below 24 /o Ilin area peaAcre,raseequieed by Session Law ned 2006 -246 of the stormwater rules 3 Approved plans anspecifications f and are enforceable partseof the permit permit are incorporated by reference 4. The only runoff conveyance systems allowed will be vegetated such side n 1 (H.v) conveyances e somwaterrules and approved by the Divisi 5 No piping is allowed except ' s s ace such as a road ortto provide to ccessct runoff beneath an impervious 6. All roof drains must terminate at least 30 foot from the mean high water mark. 7 The built -upon areas associated with his project reams hall be located at least 30 feet landward of all perennial a 8 All swales shall that discharge into a wetland shall do so at a non - erosive velocity for the 10 year storm. g Each builder and /or property hl approved, knowing and understanding the BUA limit and the prohibition against excessive piping, how to size the driveway esements are d the expectation to keeptexisting where the buffer is on knowing where the drainage swales open and o thenmaximum roof gutters and extent technically feasible, a urFaces are disconnect Page 1 of 4 State Stormwater Permit Permit No SW4130801 II. SCHEDULE OF COMPLIANCE 1, The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area 2, The Director may notify the permittee of the per m tmWi hinithe time fame et one or more of the minimum requirements specified in the notice, the permittee shall submit a written time schedule tot the Director for modifying the site d o laps minimum n wee ing to the Director shall provide copies of revs p that the changes have been made. 3 This project may not be sold subdivided in whole or in part without first receiving a permit modification 4. The following deed restrictions must be recorded with the Office of the Register of Deeds: a The following covenants ement Permit Number SW31408011..pliance with State Stormwater Manag of these b. The State of North Carolina acompbancei with the Sto mwate ants to the extent necessary t Management Permit. c These covenants lnreu der them the land and be binding on all persons and parties claim g d The covenants pertaining t may not be altered or rescinded without the express written consent of the e Alteration of the drainage the State approved plans may not take place without the concurrence o f This project may not be sold or subdivided, Dives onhole or n part, without firs receiving a permit modification h Construction of additional impervious ioilu areas e a permit modification prior to requirements are n longer An engineered l the ru noff fr om all built u p on system associated required with he project, including that area permitted under the low density option. i associated a or with is any vegetative except conveyances or average drriivewaylcrossings, associated with this development, ersons is strictly prohibited by any p j, The built -upon areas shall be located ce waters minimum of 30 feet landward of all perennial and intermittent 5 A copy of the recorded restrictions must be received in this Office within 30 days of the date of sale. 6. Filling in or piping of any vegetative d developmentaexceptfo h average ldSiveway associated with the permitted persons. crossings, is strictly prohibited by any p royal for 7. The permittee shall submit at onso and Director alculations prior t have received ton approval any revised plans, spec modification to the approved plans, including, but not limited to, those lis e below' a Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. Page 2 of 4 State Stormwater Permit Permit No SW4130801 d Redesign or addition to the approved amount of built -upon area e. Further subdivision, acquisition, or sale of the project area in whole or in part The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval was sought. f Filling in, altering or piping any vegetative conveyance shown on the approved plan. 8. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 9 The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater management systems at optimum efficiency to include: a Inspections b Sediment removal c Mowing, and re- vegetating of the side slopes d Immediate repair of eroded areas e Maintenance of side slopes in accordance with approved plans and specifications. 10. Within 30 days of completion of the project, the permittee shall certify in writing that the project has been constructed in accordance with the approved plans. 11 The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request III. GENERAL CONDITIONS 1. This permit is not transferable to any person or entity except after notice to and approval by the Director The Director may require modification or revocation and re- issuance of the permit to change the name and incorporate such other requirements as may be necessary In the event of a name or ownership change, a completed Name /Ownership Change form, signed by both parties, must be submitted to the State accompanied by the supporting documentation as listed on page 2 of the form The approval of this request will be considered on its merits, and may or may not be approved 2 The permittee is responsible for compliance with all permit conditions until the Director approves a transfer of ownership. Neither the sale of the project nor the transfer of common areas to a third party, such as a homeowner's association, constitutes an approved transfer of the stormwater permit 3 Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action in accordance with North Carolina General Statutes 143- 215.6A to 143- 215.6C. 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Session Law 2006- 246, Title 15A of the North Carolina Administrative Code, Subchapter 2H 1000, and North Carolina General Statute 143 -215.1 et. al. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by the State, such as the construction of additional or replacement stormwater management systems Paoe 3 of 4 State Stormwater Permit Permit No SW4130801 6 The permittee grants permission to DENR Staff to enter the property during normal business hours, for the purpose of inspecting all components of the stormwater management facility 7 The permit issued shall continue in force and effect until revoked or terminated. The permit may be modified, revoked and reissued or terminated for cause The filing of a request for a permit modification, revocation and re- issuance, or termination does not stay any permit condition. 8 Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 10. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state and federal), which have jurisdiction. 11 The permittee shall notify the Division in writing of any name, ownership or mailing address changes at least 30 days prior to making such changes Permit issued this the 14th day of August, 2014 _ for Tracy E. Davis, P. E., CPM Director Division of Energy, Mineral, and Land Resources Page 4 of 4 C O c .E L (C3 C O .4-J V H �L Jurisdictional Determination Information co U) W D� Z Om an LO O O N M H Z co O O � Z N E 0 0 0 0 0 o tD W U) co Z an LO O O N M co U O � n N QI 0 0 0 0 0 o tD W O w JI O N (0 q w co O CO M r N N Q w H U) W U Z w W Q 1.- p w Q Z U Q H N W W H o� a w W w QJ a QUwLL Q it J Q ea W w O U Q W Z oo J Q a a a a a c O U N Q� ZO wafwww (n m aQa 0 Q w Q J O O O O O T a. 5 U) co U U U U U LA N tT fC Q H Q Q F- -:3 7 7 O O O O cQ G X O N M w N Q O V 4 o 0 0 IL Q CY) co 04 U') °m Goo (A o N 'a Z c W m° MC J M Co C Q j j O Z > > O c C N U_ o o H J J a c v c J 7' a 0 l9 c c a 3 C E C 0 C w A H C b Q N gk 1 a v 3 C w ,,� I vJ IIErzAND rFRTlncAnGv 77M5 CER77F1£S MA1 THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF THE .AURISDICTION OF SECTION 404 OF INE CLEAN WA IER Ac AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLl9NED REGULATIONS TINIS DETERMINATION OF SECTION 404 AIRISDIC77ON MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE /EARS FROM THIS DATE THIS DETERMINATION WAS MADE U77UZING THE 1987 CORPS OF ENGINEERS WETLANDS DELINEATION MANUAL REGULATORY OFFICIAL: 777LE: --------------- -- -- DATE: USAGE AC770N ID: 415 4P0 N54-38'01 -E 2440.68 (TOTAL) M] 67.725 ACRES REBAR FOUND NAIL SET raft'1LW Ab Y^ CONTROL CORNER IHwY It, N. 456276. B7 lb'X p0 E. 150276.62 CF 0.99985848 CF 0.99985848 NA 8 Y 09 T 0.057 2,488 SF PERV"4L RPW Y' t3' WOE OCINI rY MAP a025 1,0169 sF NOT TO SCALE Q N gk 1 a v 3 C w ,,� I vJ IIErzAND rFRTlncAnGv 77M5 CER77F1£S MA1 THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF THE .AURISDICTION OF SECTION 404 OF INE CLEAN WA IER Ac AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLl9NED REGULATIONS TINIS DETERMINATION OF SECTION 404 AIRISDIC77ON MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE /EARS FROM THIS DATE THIS DETERMINATION WAS MADE U77UZING THE 1987 CORPS OF ENGINEERS WETLANDS DELINEATION MANUAL REGULATORY OFFICIAL: 777LE: --------------- -- -- DATE: USAGE AC770N ID: 415 4P0 N54-38'01 -E 2440.68 (TOTAL) M] 67.725 ACRES S53'16717-W 1064 -37 (TOTAL) AAW5VOCTIOWAL RPW TABLE REBAR FOUND NAIL SET CONTROL CORNER CONTROL CORNER N: 456973.30 N. 456276. B7 E 1502686.56 E. 150276.62 CF 0.99985848 CF 0.99985848 NA 8 (NAD83) S53'16717-W 1064 -37 (TOTAL) AAW5VOCTIOWAL RPW TABLE 1DONIFIR AMMAGE WIDTH LDAGIN (FT) ACRES S1aFT. SEASONAL RPW A' t2' WO£ 20' 0.001 40 9r SEASONAL RPW 'C' 14' Il" 622' 0.057 2,488 SF PERV"4L RPW Y' t3' WOE 3630 a025 1,0169 sF PEREAM6AL MW 'r t9' WD£ 749' 0.133 5,741 sF. PER£ANMAL RPW -G' 15' WOE 1,114' 0.128 457o sF. TOTALS 2666' 0. x6 (IA 928.W. "CRISDICTIONAL WETLAND TABLE V011TVIER AVERAGE MOTH ILDVGTH (ITil ACRES SOFT. WETLAND i4" POCKET I POCKET I aw (539 ST) WEAANO 7D' POCKE -r I PacKeT ja4t5 (lao9.3 SF) NOTES. 1. IRON PINS SET AT ALL CORNERS UNLESS OTHERWISE NOTED. 2. PROPERTY ZONED: R -40. SETBACKS ARE SUB.CCT 70 AN INTERPRETATION FROM THE ZCWING BOARD J. TAX PARCEL NUMBER 06006010 4. DEED REFERENCE: DB 1723 PO 552. 5 BOUNDARY SURVEY ONLY THROUGH POINTS AS SHOWN. 6. A PORTION OF THIS PROPERTY IS LOCATED WININ AN AREA HAVING A ZONE DESIONA77ON AE BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), ON FLOOD INSURANCE RATE MAP (FIRM) NO 3710540500J, W IN A DATE OF IDENn£ICA770FW OF 10/16/06. 7 THIS PROPERTY MAY BE SU&ECT TO AM770VAL RECORDED OR UNRECORDED EASEMENTS RIGHTS -OF -WAY, OR RESTRICTIVE COVENANTS, OTHER THAN SHOWN. SURVEY MADE WITHOUT THE BENEFIT OF A TITLE EXAMINA77CIN 8. AREA COMPUTED BY COORDINATED METHOD. 9. NO NCGS MONUMENT FOUND IWTHIN 2000'. 10 UTILITY LOCH 17ONS SHOWN ARE LOCATED BASED ON SITE CONDITIONS AT THE TIME OF SURVEY. CONTRACTORS ARE TO HAVE ALL UlIU77ES ACCURATELY MARKED PRIOR TO CONSTRUCTION. I1. ANY CONSTRUCTION OR USE WIRBN ANY DELINEATED FLOOD AREA IS SUB..ECT TO THE R£S1RIC770NS IMPOSED BY THE FLOODWAY REGULA77ON5 12. NOT ALL IMPROVEMENTS SHOWN .31 RO �a t� e�0 V 1 N8748'06 "E N8376'12 E 148.69 67•v - N547627 E PERENNIAL RPW E" % LEN7H:364' 4,o AVGWID TH. 3' 47 WETLAND D" 18,093 S0. FT. (SEE INSET) SEASONAL RPW A" LENTH: 20' AVG. WD TH: 2' (SEE INSET) WETLAND 559 S0. FT. (SEE INSET) 9.70 61 \ Q�yo <aa � �Ii6. fAiZ� 0"0 .4E. PERENNIAL RPW "F'-- LENTH: 749' AVG. WIDTH: 9' PERENNIAL RPW "G" � L£NTH: 1174' \ ISZNJAL RPW "C" AVG.WIDTH:S' LEN TH.622' 615 AVG. WD 7H: 4' 2 o. m� 0 GRAPHIC SCALE 7110 0 150 700 600 1200 ( IN FEET ) I inch = 300 ft. CAROLINA SURVEYORS, INC P.O. BOX 267 PINEVILLE, N.C. 26154 (704) 669 -7601 FAX: (704) 669 -7614 CUnWICATI Or MNTIOIWZA7M MCC -1242 SCWM FEMA FLOODPLAIN/ FLOOD ZONE WAS NOT DELINEATED AND FURTHER WETLAND STUDIES ARE REOUIRED EAST FORK �TWEL VE MILE CREEK TRIBUTARY 3 Lp w .141 72'12E Y 141.51 N89 52 48 "E 209.6J �w L _ Lw S55 07'17 "W 418.22 LA A 0 ut N m V 2 522 5139 SIP • SET IRON PIN EIP 01 EXISTING IRON PIN CPBt CALCULATED POINT m 2 o u y 0 _ H h WRI H S W k 0 a i C N tY� cc m O e $ CL ff ` O$ = J LL U1 SHEET I OF 4 AREA of DETAILS \ PARCEL MAP NOT TO SCALE P� G WA rERS of THE us UNE TABLE L/Nf BEARING HNGTpy AD rilpOp/ Mwr � AI N3038'O87 1 2068 . $ Q9Tf LINE BEARING LENGTH L L'� N4131'02V VICINITY MAP 82 NOT TO SCALE AREA of DETAILS \ PARCEL MAP NOT TO SCALE P� G WA rERS of THE us UNE TABLE L/Nf BEARING LENGTH AI N3038'O87 1 2068 . WATERS OF THE US LINE TABLE LINE BEARING LENGTH 8I N4131'02V 14.82 82 NOJ'42'177 8.86 13 NOJ'46'59'f 32.82 94 NSO'52'32*f 12.17 85 58530'587 2.08 96 SO4 V9'02 "W 60.32 WETLAND B" - INSEr- 0.055 ACRE NO TES: 1. IRON PINS SET AT ALL CORNERS UNLESS OTHERWISE NOTED. 2. PROPERTY ZONED. R -40. SETBACKS ARE SUSXCT TO AN INTERPRETATION FROM THE ZONING BOARD 3. TAX PARCEL NUMBER 06006010. 4. DEED REFERENCE: DB 172J PG 552. 5. BWNDARY SURVEY ONLY THROUGH POINTS AS SHOWN. 6. A PORTION OF TIMS PROPERTY IS LOCATED WHIR AN AREA HAVING A ZONE DESIGNATION AE BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA). ON FLOOD INSURANCE RATE MAP (FIRM) NO 3710540500J. WIN A DATE OF IDENTIFICATION OF 10/16/08. 7 THIS PROPERTY MAY BE SUe,.Ecr To ADDITIONAL RECORDED OR UNRECORDED EASEMENTS. RIGHTS -OF -WAY, oR RESTRICTIVE COVENANTS OTHER THAN SHOWN. SURVEY MADE WITHOUT THE BENEFIT OF A 77A£ EXAMINATION. ` B AREA COIPUTED BY COORDINATED METHOD. 'q NO NCGS MONUMENT FOUND WITHIN 2000'. 10 UTILITY LOCATIONS SHOWN ARE LOCATED BASED ON SITE CONDITIONS AT THE TIME OF SURVEY. CONTRACTORS ARE TO NAY£ ALL UIXIWS ACCURATELY MARKED PRIOR To CONSTRUCnON. Ii. ANY CONSTRUCTION OR USE W THW ANY DELINEATED FLOW AREA IS SUBXCT TO THE RESTRICTIONS IMPOSED BY THE FLOODWAY REWLA77ONS. 12 NOT ALL IMPROVEMENTS SHOWN SEASONAL RPW A" LEN TH:20" " AVG.WID7H:2� (SEE INSET) e Aq�01 WE7LAND B" 559 SO.FT. WERAND "D" 18,093 SQ. FT. SEASONAL RPW "C" LEN TH:622' AVG. WIDTH: 4' UNNAMED 7RIBUTARY GRAPHIC SCALE loo a w 1w zao goo ( IN FEET ) I inch = 100 it. 3 2 C) vi a �tx �aE C4 �'o Co � = 'K o= 44110@@ s N i Lt H SHEET 2 OF 4 k, N5438'01 E 6726 0 0 3 °� (TIE TO CORNER) 1� n° L z = S) \5 >o N h U V - h s W PERENNIAL RPW k CENTH: 364' o AVG. WIDTH: 3' W FEMAFLOCOPLAINIFL 10D ZONE WAS NOT DELINEATED AND I fURINER IWILAND sTUDI£S ARE REWIRED WERAND "D" 18,093 SQ. FT. SEASONAL RPW "C" LEN TH:622' AVG. WIDTH: 4' UNNAMED 7RIBUTARY GRAPHIC SCALE loo a w 1w zao goo ( IN FEET ) I inch = 100 it. 3 2 C) vi a �tx �aE C4 �'o Co � = 'K o= 44110@@ s N i Lt H SHEET 2 OF 4 �Tny Ap I3 y a asr£ VICINITY MAP NOT TO SCALE AREA OF DETAIL r PARCEL MAP NOT TO SCALE N83'16'12 E 61.70 tog N54'16Fl3 (W),\ 2 3 S r - N1928'11 E 33.29 (TIE TO CORNER) g IatF Ar 00 UA.E. NOTES: I. IRON PINS SET AT ALL CORNERS UNLESS OTHERWSE NOTED. 2. PROPERTY ZONED.- R -40. SETBACKS ARE SUBE'CT TO AN INTERPRETATION FROM THE ZONING BOARD 3. TAX PARCEL NUMBER 06006010. 4. DEED REFERENCE. DB 1723 PG 552. 5, BOUNDARY SURVEY ONLY THROUGH POINTS AS 5HOMN. 6. A POR TON OF THIS PROPERTY IS LOCATED WTHIN AN AREA HA MNG A ZONE DESIGNATION AE BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), ON FLOOD INSURANCE RATE MAP (FIRM) NO 3710540500J. W TH A DATE OF IDENTI07CATION OF 10/16/08. 7 THIS PROPERTY MAY BE SU&XCT TO ADDITONAL RECORDED OR UNRECORDED EASEMENTS RIGHTS -OF -WAY, OR RESTRIC77W COWNANTS, OTHER THAN SHOWN. SURVEY MADE WTHOUT THE BENEnF OF A TITLE EXAMINA nOV. 8. AREA COYPU TEO BY COORDINATED AlfTNOJ. 9. NO NCGS MONUMENT FOUND WTHIN 2000'. 10 UTILITY LOCATONS SHOWN ARE LOCATED BASED ON SITE CONDInONS A THE TIME OF SUURI£Y CONTRACTORS ARE TO HAW ALL UTlUnES ACCLMA TEL MARKED PRIOR TO CONSTRUCTION. 11. ANY CONSTRUCTON OR USE WTHIN ANY DELINEATED FLOOD AREA IS SU&ECT TO THE RESTRICTIONS IMPOSED BY THE FLOOOWAY REWLATINS. 12 NOT ALL IMPROIEMENTS SHOWN PERENNIAL RPW F" LENTH: 749' AVG. W10 TH: 9' EAST FORK �6\) TWELVE MILE CREEK TRIBUTARY 3 1 PERENNIAL RPW "G" (SEE SHEET 41 1 �r A + PO t� FEMA FLOOOPLAIN/ FLOOD ZONE WAS NOT DELINEATED AND FURTHER NETLAND STUDIES ARE REWIRED GRAPHIC SCALE 100 0 50 X00 200 400 ( IN FEET ) 1 inch - 100 It. N4172'12E 141 -51 IL �o 16, A W n � m S55'07'17 "W 418.22 SIP • SET IRON PIN EIPG EXISTING IRON PIN CPO CALCULATED POINT m B � QQ � 0 15 4 m Y h m o s W k Q � z e0� Wig io8 Q. m i �Ki X 21 o ti SHEET 3 OF 4 1 -10 1 133HS In R33 V rA 6tOO ; R C) S� "A a i y O n i w n� N� r �► .r (r L33Hs 33s) Z .J Add 7VINN3d3d z O f? g Vt z 0 = b 4 a � x .F. 03d1n03d 3dr S31On1S ONY7/3M d3Hl dnd ONY 03f Y3N1730 ION SK" 3NOZ 00071 /NIV7d"ll VM31 71 001 = Vau! 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L 90191101 10 NOILV011N301 10 31YO V HIM %'OO9O/SO1Lf ON (M84d) dYM MYd 37NYdnSNI 00071 NO '(YM33W AON39V IN3M30VNYM A0N3023M3 7V8303d 3HL AB 3Y NOd VNOIS30 3NOZ V ONMVH V3dV NY N*UM1 031V007 Sl A1d3dOdd 5911 -O NOI1dOd V 9 NMOHS SV SIN10d HOnOdH1 A7N0 A31dnS AdVON1108 'S 'Z99 Od fZll 80 .30N3d313d 0330 'r 01090090 WWWN 73OdYd XYl f CaVOS ONINOZ 3H1 )MOdd NOOY13ddd31N1 NY O1 103`8ns Idv SJYJYa/3s 01 -d -03NOZ Ald3d0dd Z 'OMON 3SAd3WO SS37Nn Sd3Nd0O 77Y IV 13S SNId NOW -! S31ON 37VO5 01 ION dvry 730,YVd J"\ -" 71Y1 >b r38Y Or - � 3 CNN (213N2I00 Ol 311) ! 99 'Z>l 3. bf,ZS.L l5 37VOS 01 ION dVPV 411NOM 31/Sp j 0 6 ',N (19 ANHJ w 1� �''\01sK[tp3y >g �� STREAM REACH EVALUATION FORM Date 3126114 Evaluator NRN /AJ Easting 80 6618 W Pro ect Adelaide Estates Intermittent RPW A Northing 34 9943_ N Total Points: 2 Stream is at least intermittent if > 19 or perennial if > 30` 23 °5 (right -click the purple number and left -click Update Field to summarize points) 0 A. Geomorphology Absent Weak ° ° Moderate Strong ..SCORE 1a Continuity of channel bed and bank 0 1 2 3 2 2 Sinuosity of channel along thalweg 0 1 2 3 2 3 In- channel structure riffle- / step- pool sequence 0 1 2 3 1 4 Particle size of stream substrate 0 1 2 3 2 5 Active /relic flood lain 0 1 2 3 0 6 Depositional bars or benches 0 1 2 3 0 7 Recent alluvial deposits 0 1 2 3 0 8 Headcuts 0 1 2 3 2 9 Grade controls 0 05 1 1 5 1 10 Natural valley 0 05 1 1 5 1 5 11 Second or greater order channel No = 0 Yes = 3 0 Geomor holo gy Subtotal 11 5 a Man -made ditches are not rated see discussion in NCDWQ Manual B. Hydrology 12 Presence of Baseflow 0 1 2 3 2 13 Iron Oxidizing Bacteria 0 1 2 3 1 14 Leaf litter 1 5 1 05 0 1 15 Sediment on plants or debris 0 05 1 1 5 1 16 Oncianic debris lines or piles Wrack lines 0 05 1 1 5 1 17 Soil -based Evidence of high water table? No = 0 Yes = 3 3 Hydrology Subtotal 90 ° C. Biology 18 Fibrous roots in streambed 3 2 1 0 2 19 Rooted upland plants in streambed 3 2 1 0 1 20 Macrobenthos note diversity and abundance 0 1 2 3 0 21 Aquatic Mollusks 0 1 2 3 0 22 Fish 0 05 1 1 5 0 23 Crayfish 0 05 1 1 5 0 24 Amphibians 0 05 1 1 5 0 25 Algae 0 05 1 1 5 0 26 Wetland plants in streambed FACW= 0 75, OBL= 1 5, Other= 0 0 Biology Subtotal 3 perennial streams may also be identified using other methods See page 35 of NCDWQ manual Notes Adapted from NCDWQ Methodology for Identification of Intermittent and Perennial Streams and their Ongins (version 4 11) STREAM REACH EVALUATION FORM Date 3/26/14 1 Evaluator NRN /AJ Easting 80 6618 W Project Adelaide Estates Intermittent RPW C Northing 34 9943 N Total Points: 2 Stream is at least intermittent if > 19 or perennial if > 30' 270 (right-click the purple number and left -click Update Field to summarize points) 0 A. Geomorphology Absent, Weak. q° Moderate` ,Strong SCORE. 1a Continuity of channel bed and bank 0 1 2 3 2 2 Sinuosity of channel along thalweg 0 1 2 3 3 3 In- channel structure riffle-/ step- pool sequence 0 1 2 3 1 4 Particle size of stream substrate 0 1 2 3 1 5 Active /relic flood lain 0 1 2 3 0 6 Depositional bars or benches 0 1 2 3 1 7 Recent alluvial deposits 0 1 2 3 0 8 Headcuts 0 1 2 3 1 9 Grade controls 0 05 1 1 5 05 10 Natural valley 0 05 1 1 5 1 5 11 Second or greater order channel No = 0 Yes = 3 0 Geomorphology Subtotal 11 0 a Man -made ditches are not rated see discussion in NCDWQ Manual B. Hydrology 12 Presence of Baseflow 0 1 2 3 2 13 Iron Oxidizing Bacteria 0 1 2 3 0 14 Leaf litter 1 5 1 05 0 1 5 15 Sediment on plants or debris 0 05 1 1 5 05 16 Organic debris lines or piles Wrack lines 0 05 1 1 5 1 17 Soil -based Evidence of high water table? No = 0 Yes = 3 3 Hydrology Subtotal 80 C. Biology 18 Fibrous roots in streambed 3 2 1 0 2 19 Rooted upland plants in streambed 3 2 1 0 3 20 Macrobenthos (note diversity and abundance) 0 1 2 3 1 21 Aquatic Mollusks 0 1 2 3 0 22 Fish 0 05 1 1 5 0 23 Crayfish 0 05 1 1 5 0 24 Amphibians 0 1 05 1 1 5 05 25 Algae 0 1 05 1 1 5 1 5 26 Wetland plants in streambed FACW= 0 75, OBL= 1 5, Other= 0 0 Biology Subtotal 80 perennial streams may also be identified usinq other methods See paqe 35 of NCDWQ manual Notes Adapted from NCDWQ Methodology for Identification of Intermittent and Perennial Streams and their Ong►ns (version 4 11) STREAM REACH EVALUATION FORM Date 3/26/14 1 Evaluator I NRN /AJ Easting 80 6618 W Project Adelaide Estates Perennial RPW E Northing 34 9943 N Total Points: 2 Stream is at least intermittent if > 19 or perennial if > 30* 31 5 (right -click the purple number and left -click Update Field to summarize points) 0 A. Geornorphology Geomorphology Absent Weak° a o Moderate° ;Strong° ; „SCORE 1a Continuity of channel bed and bank 0 1 2 3 1 2 Sinuosity of channel along thalweg 0 1 2 3 3 3 In- channel structure riffle- / step- pool sequence 0 1 2 3 2 4 Particle size of stream substrate 0 1 2 3 3 5 Active /relic flood lain 0 1 2 3 1 6 Depositional bars or benches 0 1 2 3 1 7 Recent alluvial deposits 0 1 2 3 1 8 Headcuts 0 1 2 3 2 9 Grade controls 0 05 1 1 5 1 5 10 Natural valley 0 05 1 1 1 5 1 5 11 Second or greater order channel No = 0 1 Yes = 3 0 Geomorphology Subtotal 170 a Man -made ditches are not rated see discussion in NCDWQ Manual B. Hydrology 12 Presence of Baseflow 0 1 2 3 3 13 Iron Oxidizing Bacteria 0 1 2 3 1 14 Leaf litter 1 5 1 05 0 1 5 15 Sediment on plants or debris 0 05 1 1 5 1 5 16 Organic debris lines or piles Wrack lines 0 05 1 1 5 1 17 Soil -based Evidence of high water table? No = 0 Yes = 3 0 Hydrology Subtotal 80 ° C. Biology 18 Fibrous roots in streambed 3 2 1 0 2 19 Rooted upland plants in streambed 3 2 1 0 3 20 Macrobenthos (note diversity and abundance) 0 1 2 3 0 21 Aquatic Mollusks 0 1 2 3 0 22 Fish 0 05 1 1 5 0 23 Crayfish 0 05 1 1 5 05 24 Amphibians 0 05 1 1 5 1 25 Algae 0 05 1 1 5 0 26 Wetland plants in streambed FACW= 0 75, OBL= 1 5, Other= 0 0 Biology Subtotal 65 perennial streams may also be identified using other methods See page 35 of NCDWQ manual Notes Adapted from NCDWQ Methodolorav for Identification of Intermittent and Perennial Streams and their Ongins (version 4 11) STREAM REACH EVALUATION FORM Date 3/26/14 1 Evaluator NRN /AJ E­asting 80 6618 W Pro ect Adelaide Estates Perennial RPW F Northing 34 9943 N Total Points: 2 Stream is at least intermittent if > 19 or perennial if > 30* 385 (right-click the purple number and left -click Update Field to summarize points) 0 A. Geomorphology Absent Weak Moderate' ,Strong° ,°SCORE, 1a Continuity of channel bed and bank 0 1 2 3 3 2 Sinuosity of channel along thalweg 0 1 2 3 2 3 In- channel structure riffle- / step- pool sequence 0 1 2 3 3 4 Particle size of stream substrate 0 1 2 3 3 5 Active /relic flood lain 0 1 2 3 2 6 Depositional bars or benches 0 1 2 3 2 7 Recent alluvial deposits 0 1 2 3 1 8 Headcuts 0 1 2 3 1 9 Grade controls 0 05 1 1 5 1 5 10 Natural valley 0 05 1 1 5 1 5 11 Second or greater order channel No = 0 Yes = 3 0 Geomorphology Subtotal 200 a Man -made ditches are not rated see discussion in NCDWQ Manual B. Hydrology 12 Presence of Baseflow 0 1 2 3 3 13 Iron Oxidizing Bacteria 0 1 2 3 1 14 Leaf litter 1 5 1 05 0 1 5 15 Sediment on plants or debris 0 05 1 1 5 1 5 16 Organic debris lines or piles Wrack lines 0 05 1 1 5 1 5 17 Soil -based Evidence of high water table? No = 0 Yes = 3 3 Hydrology Subtotal 11 5 C. Biology 18 Fibrous roots in streambed 3 2 1 0 2 19 Rooted upland plants in streambed 3 2 1 0 3 20 Macrobenthos (note diversity and abundance) 0 1 2 3 0 21 Aquatic Mollusks 0 1 2 3 0 22 Fish 0 05 1 1 5 0 23 Crayfish 0 05 1 1 5 1 24 Amphibians 0 05 1 1 5 1 25 Algae 0 05 1 1 5 0 26 Wetland plants in streambed FACW= 0 75, OBL= 1 5, Other= 0 0 Biology Subtotal 70 perennial streams may also be identified using other methods See page 35 of NCDWQ manual Notes Adapted from NCDWQ Methodology for Identification of Intermittent and Perennial Streams and their Ongins (version 4 11) STREAM REACH EVALUATION FORM Date 3/26/14 Evaluator I NRN /AJ Easting 80 6618 W Project Adelaide Estates Perennial RPW G Northing 34 9943 N Total Points: 2 Stream is at least intermittent if > 19 or perennial if > 30• 345 (right -click the purple number and left -click Update Field to summarize points) 0 A. Geomorphology Absent- Weak":: Mod`erate Strong: . , SCOREp 1a Continuity of channel bed and bank 0 1 2 3 3 2 Sinuosity of channel along thalweg 0 1 2 3 2 3 In- channel structure riffle- / step- pool sequence 0 1 2 3 3 4 Particle size of stream substrate 0 1 2 3 3 5 Active /relic flood lain 0 1 2 3 1 1 6 Depositional bars or benches 0 1 2 3 2 7 Recent alluvial deposits 0 1 2 3 1 8 Headcuts 0 1 2 3 2 9 Grade controls 0 05 1 1 5 1 5 10 Natural valley 0 05 1 1 5 1 5 11 Second or greater order channel No = 0 Yes = 3 0 Geomorphology Subtotal 200 a Man -made ditches are not rated see discussion in NCDWQ Manual B. Hydrology 12 Presence of Baseflow 0 1 2 3 3 13 Iron Oxidizing Bacteria 0 1 2 3 0 14 Leaf litter 1 5 1 05 0 1 5 15 Sediment on plants or debris 0 05 1 1 5 1 5 16 Organic debris lines or piles Wrack lines 0 05 1 1 5 1 5 17 Soil -based Evidence of high water table? No = 0 Yes = 3 0 Hydrology Subtotal 75 C. Biology 18 Fibrous roots in streambed 3 2 1 0 2 19 Rooted upland plants in streambed 3 2 1 0 3 20 Macrobenthos (note diversity and abundance ) 0 1 2 3 0 21 Aquatic Mollusks 0 1 2 3 0 22 Fish 0 05 1 1 5 0 23 Crayfish 0 05 1 1 1 5 1 24 Amphibians 0 05 1 1 1 5 1 25 Algae 0 05 1 1 1 5 0 26 Wetland plants in streambed FACW= 0 75, OBL= 1 5, Other= 0 0 Biology Subtotal 70 * perennial streams may also be identified usinq other methods See paqe 35 of NCDWQ manual Notes Adapted from NCDWQ Methodology for Identification of Intermittent and Perennial Streams and their Ongms (version 4 11) WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region Project/Site Adelaide Estates City /County Monroe /Union Co Sampling Date 03126114 Applicant /Owner Bonterra Builders, LLC State NC Sampling Point Mid B,D Investigator(s) NRN,AJ Section, Township, Range Landform (hit Islope, terrace etc) Floodplain Local relief (concave, convex, none) Concave Slope ( %) 8 -15% Subregion (LRR or MLRA) MLRA 136 Lai 34 9943 N Long 80 6618 W Datum WGS84 Soil Map Unit Name BdC2 Bad in channery silty clay loam NWI classification Are climatic / hydrologic conditions on the site typical for this time of year? Yes Y No (If no, explain in Remarks ) Are Vegetation N , Soil N or Hydrology N significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation N Sod N or Hydrology N 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 Is the Sampled Area Hydnc Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks HYDROLOGY Wetland Hydrology Indicators Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required, check all that apply) _ Surface Sod Cracks (66) X Surface Water (Al) _ True Aquatic Plants (614) _ Sparsely Vegetated Concave Surface (B8) _ High Water Table (A2) X Hydrogen Sulfide Odor (Cl) X Drainage Patterns (1310) _ Saturation (A3) _ Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (B16) X Water Marks (61) _ Presence of Reduced Iron (C4) _ Dry- Season Water Table (C2) _ Sediment Deposits (132) _ Recent Iron Reduction in Tilled Sods (C6) _ Crayfish Burrows (C8) _ Drift Deposits (63) _ Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) _ Algal Mat or Crust (134) _ Other (Explain in Remarks) _ Stunted or Stressed Plants (D1) _ Iron Deposits (65) X Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (137) _ Shallow Aquuard (D3) _ Water Stained Leaves (89) _ Microtopographic Relief (D4) Aquatic Fauna (613) _ FAC Neutral Test (D5) Field Observations Surface Water Present? Yes X No Depth (inches) 2 Water Table Present? Yes X No Depth (inches) Saturation Present? Yes X No Depth (inches) Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available Remarks US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2 0 VEGETATION (Five Strata) — Use scientific names of plants Absolute Dominant Indicator Tree Stratum (Plot size 30' ) % Cover Species? Status 1 Acer rubrum 25 Y FAC 2 Fraxinus pennsylvanlca 20 Y FACW 3 Salix nigrn 15 Y OBL 4 5 6 60 = Total Cover 50% of total cover 30 20% of total cover 12 Sapling Stratum (Plot size 30' 1 1 Acer rubrum 15 Y FAC 2 Fraxlnus pennsylvanlca 15 Y FACW 3 Sallx nlgra 10 Y OBL 4 5 6 40 = Total Cover 50% of total cover 20 20% of total cover 8 Shrub Stratum (Plot size 30' ) 1 Alnus serrulata 15 Y OBL 2 Cornus amomum 5 Y FACW 3 4 5 6 20 = Total Cover 50% of total cover 10 20% of total cover 4 Herb Stratum (Plot size 30' ) 1 Carex crinita 25 Y OBL 2 Microsteglum vimineum 15 Y FAC 3 4 5 6 7 8 9 10 11 35 = Total Cover 50% of total cover 175 20% of total cover 7 Woody Vine Stratum (Plot size 30' ) 1 2 3 4 5 50% of total cover or on a separate = Total Cover 20% of total cover Sampling Point Wtld B,D Dominance Test worksheet Number of Dominant Species That Are OBL, FACW or FAC 10 (A) Total Number of Dominant Species Across All Strata 10 (B) Percent of Dominant Species That Are OBL, FACW, or FAC 100% (A /B) Prevalence Index worksheet Total % Cover of Multiply by OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals (A) (B) Prevalence Index = B/A = _ 1 - Rapid Test for Hydrophytic Vegetation X 2 Dominance Test is >50% _ 3 Prevalence Index is <_3 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 Five Vegetation Strata Tree - Woody plants, excluding woody vines approximately 20 it (6 m) or more in height and 3 in (7 6 cm) or larger in diameter at breast height (DBH) Sapling - Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less than 3 in (7 6 cm) DBH Shrub - Woody plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height Herb - All herbaceous (non- woody) plants, including herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately 3 it (1 m) in height Woody vine - All woody vines, regardless of height Hydrophytic Vegetation Present*7 Yes X No US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2 0 SOIL Profile Description (Describe to the depth needed to Sampling Point Wtld B,D or confirm the absence of indicators ) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Tvue oc Texture Remarks RM= Reduced Matrix. MS= Masked Sand Grains Hydnc Soil Indicators Histosol (Al) _ Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) 2 cm Muck (A10) (LRR N) Depleted Below Dark Surface (All) _ Thick Dark Surface (Al 2) _ Sandy Mucky Mineral (S1) (LRR N, MLRA 147, 148) _ Sandy Gleyed Matrix (S4) _ Sandy Redox (S5) Stripped Matrix (S6) Type Depth (inches) 2Location PL =Pore Lining, M =Matrix Indicators for Problematic Hydric Sods Dark Surface (S7) _ 2 cm Muck (A10) (MLRA 147) Polyvalue Below Surface (S8) (MLRA 147, 148) _ Coast Prairie Redox (Al 6) _ Thin Dark Surface (S9) (MLRA 147, 148) (MLRA 147, 148) _ Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Sods (F19) Depleted Matrix (F3) (MLRA 136, 147) _ Redox Dark Surface (F6) _ Very Shallow Dark Surface (TF12) _ Depleted Dark Surface (F7) _ Other (Explain in Remarks) _ Redox Depressions (F8) _ Iron - Manganese Masses (F12) (LRR N, MLRA 136) Umbric Surface (F13) (MLRA 136, 122) 3Indicators of hydrophytic vegetation and _ Piedmont Floodplain Sods (F19) (MLRA 148) wetland hydrology must be present, _ Red Parent Material (F21) (MLRA 127, 147) unless disturbed or problematic Hydnc Soil Present? Yes X No US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2 0 WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region Project/Site Adelaide Estates City /County Monroe /Union Co Sampling Date 03126114 Applicant /Owner Bonterra Builders, LLC State NC Sampling Point Upland DP Investigator(s) NRN,AJ Section, Township, Range Landform (hillslope, terrace etc ) Floodplain Local relief (concave, convex none) Concave Slope ( %) 8 -15% Subregion (LRR or MLRA) MLRA 136 Lai 34 9943 N Long 80 6618 W Datum WGS84 Soil Map Unit Name BdC2 Badin channery silty clay loam NWI classification Are climatic / hydrologic conditions on the site typical for this time of year? Yes Y No (If no, explain in Remarks) Are Vegetation N , Soil N or Hydrology N significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation N Soil N or Hydrology N 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 No X Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks Location Approximately 30' W of Wetland D HYDROLOGY Wetland Hydrology Indicators Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required, check all that apply) _ Surface Sod Cracks (66) _ Surface Water (Al) _ True Aquatic Plants (614) _ Sparsely Vegetated Concave Surface (BB) _ High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) _ Drainage Patterns (610) _ Saturation (A3) _ Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (B16) _ Water Marks (131) _ Presence of Reduced Iron (C4) _ Dry - Season Water Table (C2) _ Sediment Deposits (132) _ Recent Iron Reduction in Tilled Sods (C6) _ Crayfish Burrows (C8) _ Drift Deposits (133) _ Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) _ Algal Mat or Crust (84) _ Other (Explain in Remarks) _ Stunted or Stressed Plants (D1) _ Iron Deposits (85) _ Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (137) _ Shallow Aquitard (D3) _ Water Stained Leaves (69) _ Microtopographic Relief (D4) _ Aquatic Fauna (B13) _ FAC Neutral Test (D5) Field Observations Surface Water Present? Yes No X Depth (inches) Water Table Present? Yes No X Depth (inches) Saturation Present? Yes No X Depth (inches) Wetland Hydrology Present? Yes No X (includes ca ills fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available Remarks US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2 0 VEGETATION (Five Strata) - Use scientific names of plants Sampling Point Upland DP 65 = Total Cover 50% of total cover 32 5 20% of total cover 13 Sapling Stratum (Plot size 30' ) 1 Quercus alba 10 Y FACU 2 Quercus rubra 10 Y FACU 3 Carta glabra 10 Y FACU 4 5 6 30 = Total Cover 50% of total cover 15 20% of total cover 6 Shrub Stratum (Plot size 30' ) 1 Elaeaqnus angustdolia 45 Y FACU 2 3 4 5 6 0 (A) 10 (B) 0% (A /B) Prevalence Index worksheet Absolute Dominant Indicator Dominance Test worksheet Tree Stratum (Plot size 30' ) % Cover Species? Status Number of Dominant Species 1 Quercus alba 25 Y FACU That Are OBL FACW, or FAC 2 Quercus rubra 20 FACU x 4 = UPL species —L Total Number of Dominant 3 S'�a glahra _2_ Y FACU Species Across All Strata 4 Percent of Dominant Species 5 That Are OBL, FACW, or FAC 6 65 = Total Cover 50% of total cover 32 5 20% of total cover 13 Sapling Stratum (Plot size 30' ) 1 Quercus alba 10 Y FACU 2 Quercus rubra 10 Y FACU 3 Carta glabra 10 Y FACU 4 5 6 30 = Total Cover 50% of total cover 15 20% of total cover 6 Shrub Stratum (Plot size 30' ) 1 Elaeaqnus angustdolia 45 Y FACU 2 3 4 5 6 0 (A) 10 (B) 0% (A /B) Prevalence Index worksheet 45 = Total Cover 225 20% of total cover 9 35 Y UPL Total % Cover of Multiply by OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals (A) (B) Prevalence Index = B/A = 1 Rapid Test for Hydrophytic Vegetation _ 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 sod and wetland hydrology must be present, unless disturbed or problematic 50% of total cover Herb Stratum Plot size 30' { ) 1 ErYthronium rostratum 45 = Total Cover 225 20% of total cover 9 35 Y UPL Definitions of Five Vegetation Strata Tree -Woody plants, excluding woody canes, approximately 20 ft (6 m) or more in height and 3 in (7 6 cm) or larger in diameter at breast height (DBH) Sapling - Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less than 3 in (7 6 cm) DBH Shrub - Woody plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height Herb - All herbaceous (non - woody) plants, including herbaceous vines, regardless of size, and woody plants, except woody vines less than approximately 3 ft (1 m) in height Woody vine - All woody vines, regardless of height 2 Polystichum acrostichoides 15 Y FACU 3 4 5 6 7 B 9 10 11 50 = Total Cover 50% of total cover 25 20% of total cover 10 Woody Vine Stratum (Plot size 30' ) 1 Smilax glauca 10 Y FACU 2 3 4 5 10 Hydrophytic = Total Cover Vegetation 50% of total cover 5 20% of total cover 2 Present) Yes No X Remarks (Include photo numbers here or on a separate sheet ) US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2 0 SOIL Sampling Point Upland DP Profile Description (Describe to the depth needed to document the indicator or confirm the absence of indicators) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Tvoe Loc Texture Remarks 'Type C= Concentration, D= Depletion, RM Hydric Soil Indicators _ Histosol (Al) _ 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) (LRR N, MLRA 147, 148) _ Sandy Gleyed Matrix (S4) _ Sandy Redox (S5) _ Stripped Matrix (S6) Type Depth (inches) Remarks =duced Matrix, MS= Masked Sand Grains zLocation PL =Pore Lining, M =Matrix Redox Depressions (F8) _ Iron Manganese Masses (F12) (LRR N, MLRA 136) Umbrnc Surface (F13) (MLRA 136, 122) 3Indicators of hydrophytic vegetation and _ Piedmont Floodplam Soils (F19) (MLRA 148) wetland hydrology must be present, Red Parent Material (F21) (MLRA 127, 147) unless disturbed or problematic Hydnc Soil Present? Yes No X US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2 0 Indicators for Problematic iHydric Sc _ Dark Surface (S7) _ 2 cm Muck (A10) (MLRA 147) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ Coast Prairie Redox (A16) _ Thin Dark Surface (S9) (MLRA 147, 148) (MLRA 147, 148) Loamy Gleyed Matrix (F2) _ Piedmont Floodplam Soils (F19) Depleted Matrix (F3) (MLRA 136, 147) Redox Dark Surface (F6) _ Very Shallow Dark Surface (TF12) Depleted Dark Surface (F7) _ Other (Explain in Remarks) Redox Depressions (F8) _ Iron Manganese Masses (F12) (LRR N, MLRA 136) Umbrnc Surface (F13) (MLRA 136, 122) 3Indicators of hydrophytic vegetation and _ Piedmont Floodplam Soils (F19) (MLRA 148) wetland hydrology must be present, Red Parent Material (F21) (MLRA 127, 147) unless disturbed or problematic Hydnc Soil Present? Yes No X US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2 0 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 1 BACKGROUND INFORMATION A REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD) B DISTRICT OFFICE, FILE NAME, AND NUMBER Applicant Bonterra Builders, LLC Site Adelaide Estaes Form for Wetland B, Wetland D, Seasonal RPW A, Seasonal RPW C, Perennial RPW E, Perennial RPW F and Perennial RPW G C PROJECT LOCATION AND BACKGROUND INFORMATION State NC County /parish /borough Union City Wesley Chapel Center coordinates of site (lat/long in degree decimal format) Lat 34 9943° N, Long -80 6618° LWW„I Universal Transverse Mercator Name of nearest waterbody East Fork Twelvemile Creek Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows Twelvemile Creek Name of watershed or Hydrologic Unit Code (HUC) 03050103 ® Check if map /diagram of review area and /or potential Jurisdictional areas is /are available upon request ❑ Check if other sites (c g offsite mitigation sites, disposal sites, etc ) are associated with this action and are recorded on a different JD form D REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY) ❑ Office (Desk) Determination Date ® Field Determination Date(s) 2/4/2014 SECTION H SUMMARY OF FINDINGS A RHA SECTION 10 DETERMINATION OF JURISDICTION There re no "navigable haters of the US' within Rivers and Harbors Act (RHA) Jurisdiction (as defined by 33 CFR part 329) in the review area [Required] ❑ Waters subject to the ebb and flow of the tide ❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce Explain B CWA SECTION 404 DETERMINATION OF JURISDICTION There Are "ivaters of the US' within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area [Requited] 1 Waters of the U S a Indicate presence of waters of U S in review area (check all that apply) i ❑ TNWs, including territorial seas ❑ Wetlands adjacent to TNWs ® Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs ❑ Non -RPWs that flow directly or indirectly into fN Ws ❑ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs ❑ Impoundments of jurisdictional waters ❑ Isolated (interstate or intrastate) waters including isolated wetlands b Identify (estimate) size of waters of the U S in the review area Non - wetland waters 2869 linear feet 5 width (ft) and /or 0 366 acres Wetlands 0 428 acres c Limits (boundaries) of, jurisdiction based on Established by OHWM. Elevation of established OHWM (if known) 2 Non - regulated waters /wetlands (check if applicable) s Boxes checked below shall be supported by completing the appropriate sections in Section III below For purposes of this form, an RPW is defined as a tributary that is not a TN W and that typically flows year -round or has continuous flow at least "seasonally" (e g , typically 3 months) ' Supporting documentation is presented in Section iiI F ❑ Potentially jurisdictional waters and /or wetlands were assessed within the review area and determined to be not jurisdictional Explain SECTION 111 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 111 A 1 and Section 111 D 1 only, if the aquatic resource is a wetland adjacent to a TNW, complete Sections III A 1 and 2 and Section Ill D 1 , otherwise, see Section Ill B below 1 TNW Identify TNW Summarize rationale supporting determination 2 Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is `adjacent' B CHARACTERISTICS OF TRIBUTARY ('1 HAT 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 111 D 4 A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the 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 111 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 C below 1 Characteristics of non -TNWs that flow directly or indirectly into TNW (i) General Area Conditions Watershed size 1374squar`— a miles' Drainage area 198 acres Average annual rainfall 44 inches Average annual snowfall 0 inches (n) Physical Characteristics (a) Relationship with TNW ❑ Tributary flows directly into TNW ® Tributary flows through � tributaries before entering TN W Project waters are 55 -10 river miles from TNW Project waters are 1100 le ) river miles from RPW Project waters are 5-10, l (straight) miles from TN W Project waters are 1L(or less) aerial (straight) miles from RPW Project waters cross or serve as state boundaries Explain Identify flow route to 3`N WS On -site jurisdictional features flow to East Fork Twelvemile Creek then to Twelvemile Creek (TN W) ° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West s Flow route can be described by identifying, e g , tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW Tributary stream order, if known 1 (b) General Tributary Characteristics (check all that apply) Tributary is ® Natural ❑ Artificial (man -made) Explain ❑ Manipulated (man- altered) Explain Tributary properties with respect to top of bank (estimate) Average width 5 feet Average depth +/ -3 feet Average side slopes 0 Primary tributary substrate composition (check all that apply) ® Silts ® Sands ® Cobbles ® Gravel ❑ Bedrock ❑ Vegetation Type /% cover ❑ Other Explain ❑ Concrete ❑ Muck Tributary condition /stability [e g , highly eroding sloughing banks] Explain Presence of run/riffle/pool complexes Explain Tributary geometry Relative ly strarg thth Tributary gradient (approximate average slope) % (c) Flow Tributary provides for Seasonal fl w Estimate average number of flow events in review area/year b 9 Describe flow regime Flow of RPWs A and C are seasonal Flow of RPW E, F and G are perennial See attached stream evaluation forms Other information on duration and volume Surface flow is Discrete and confined! Characteristics Subsurface Flow n, krnnown Explain findings ❑ Dye (or other) test performed Tributary has (check all that apply) ® Bed and banks ® OHWM' (check all indicators that apply) ® clear natural line impressed on the bank ® changes in the character of soil ❑ ® shelving ❑ ❑ vegetation matted down, bent, or absent ® leaf litter disturbed or washed away ❑ ❑ sediment deposition ❑ ❑ water staining ❑ ❑ other (list) ❑ Discontinuous OHWM' Explain If factors other than the OHWM were used to determ ❑ High Tide Line indicated by ❑ ❑ oil or scum line along shore objects ❑ fine shell or debris deposits (foreshore) ❑ physical markings /characteristics ❑ tidal gauges ❑ other (list) the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community me lateral extent of CWA jurisdiction (check all that apply) Mean High Water Mark indicated by ❑ survey to available datum ❑ physical markings ❑ vegetation lines /changes in vegetation types (w) Chemical Characteristics Characterize tributary (e g , water color is clear, discolored, oily film, water quality, general watershed characteristics, etc ) Explain water color is clear - no signs of pollutants Identify specific pollutants if known 'A natural or man -made discontinuity in the OHWM does not necessarily sever jurisdiction (e g , where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices) Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e g , flow over a rock outcrop or through a culvert) the agencies will look for indicators of flow above and below the break 'Ibid (iv) Biological Characteristics Channel supports (check all that apply) ® Riparian corridor Characteristics (type, average width) 25 -50 ® Wetland fringe Characteristics Wetland B and D are located in the riparian corridor of sRPW A and pRPW E, respectively ❑ Habitat for ❑ Federally Listed species Explain findings ❑ Fish /spawn areas Explain findings ❑ Other environmentally - sensitive species Explain findings ❑ Aquatic /wildlife diversity Explain findings likely amphibians present 2 Characteristics of wetlands adjacent to non -TNW that flow directly or indirectly into TNW (i) Physical Characteristics (a) General Wetland Characteristics Properties Wetland size acres Wetland type Explain Forested/open water Wetland quality Explain Fair to Good Project wetlands cross or serve as state boundaries Explain (b) General Flow Relationship with Non -TN W Flow is Pick List Explain Surface flow is Pick ListUst Characteristics Subsurface flow Pick LtstList Explain findings ❑ Dye (or other) test performed (c) Wetland Adiacency Determination with Non -TN W ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection Explain ❑ Ecological connection Fxplam ❑ Separated by berm/barrier Explain (d) Proximity (Relationship) to TN W Project wetlands are ficik st river miles from I'NW Project waters are F ick List aerial (straight) miles from TN W Flow is from Pick Ltst Estimate approximate location of wetland as within the'Pcek tstLlstL floodplain (n) Chemical Characteristics Characterize wetland system (e g , water color is clear, brown, oil film on surface, water quality, general watershed characteristics, etc ) Explain Identify specific pollutants, if known (in) Biological Characteristics Wetland supports (check all that apply) ❑ Riparian buffer Characteristics (type, average width) 50 -100, ❑ Vegetation type /percent cover Explain 50% Forested riparian corridors and 50% maintamed/distrubed powerline ROWS ❑ Habitat for ❑ Federally Listed species Explain findings ❑ Fish /spawn areas Explain findings ❑ Other environmentally - sensitive species Explain findings ❑ Aquatic /wildlife diversity Explain findings typical wetland species - amphibians, etc 3 Characteristics of all wetlands adjacent to the tributary (if any,,) S All wetland(s) being considered in the cumulative analysis � ckLtst Approximately ( ) acres in total are being considered in the cumulative analysis For each wetland specify the following Directly abuts9 (Y/N) Size (in acres) Directly abuts9 (Y/N) Size (in acres) Wetland B 0 013 Y Wetland D 0 415 Y Summarize overall biological, chemical and physical functions being performed Onsrte wetlands and jurisdictional rpw's provide habitat for herpetofauna and macro invertebrates These wetlands have the capacity to provide nutrients and organic carbon to downstream foodwebs Wetlands provide flood storage during rain events and ground water recharge during dry periods The wetlands also trap and filter pollutants before reaching downstream Perennial RPWs and Twelvermle Creek (TNW) C SIGNIFICANT NEXUS DE] ERM[NATION A significant nexus analysis w dl 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 7 NW) Similarly, the fact an adjacent wetland lies within or outside of a floodplam is not solely determinative of significant nexus Draw connections between the features documented and the effects on the 7 NW, 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 TN W9 • 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 TNW9 • Does the tributary in combination with its adjacent wetlands (if any) have the capacity to transfer nutrients and organic carbon that support downstream foodwebs9 • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TN W9 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 111 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 D DETERMINATIONS OF JURISDICTIONAL FINDINGS THE SUBJECT WATERS/V1'ETLANDS ARE (CHECK ALL THAT APPLY) 1 TNWs and Adjacent Wetlands Check all that apply and provide size estimates in review area Q TNWs linear feet width (ft), Or, 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's E, F and G exhibit geomorphology hydrology and biological indicators consistent with perennail flowing streams in the piedmont ecoregion as documented by the attached NCDWQ Stream Identification Assessment Forms Tributaries of TNW where tributaries have continuous flow "seasonally" (e g , typically three months each year) are ® 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 A and C exhibit geomorphology, hydrology, and biological indicators consistent with seasonal flowing streams in the piedmont ecoregion as documented by the attached NCDWQ Stream Identification Assessment Forms Provide estimates for jurisdictional waters in the review area (check all that apply) ® Tributary waters 2869 linear feet 5 width (ft) ❑ Other non - wetland waters acres Identify type(s) of waters 3 Non -RPWss that flow directly or indirectly into TNWs ❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional Data 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 width (ft) El 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 D directly abuts seasonal RPW E with no break in Jurisdiction ® Wetlands directly abutting an RPW where tributaries typically flow `seasonally' Provide data indicating that tributary is seasonal in Section 111 B and rationale in Section 111 D 2 above Provide rationale indicating that wetland is directly abutting an RPW Wetland B directly abuts seasonal RPW A with no break in jurisdiction Provide acreage estimates for jurisdictional wetlands in the review area 0 428 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 I Il C Provide acreage estimates for jurisdictional wetlands in the review area acres 6 Wetlands adjacent to non -RPWs that flow directly or indirectly into i'NWs ❑_ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional Data supporting this conclusion is provided at Section III C Provide estimates for jurisdictional wetlands in the review area acres 7 impoundments of jurisdictional waters 9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional ❑ Demonstrate that impoundment was created from "waters of the U S ," or ❑ Demonstrate that water meets the criteria for one of the categories presented above (1 -6), or ❑ Demonstrate that water is isolated with a nexus to commerce (see E below) E ISOLATED I INTERSTATE OR INTRA- STATE1 WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANN' SUCH WATERS (CHECK ALL THAT APPLY) 10 "See Footnote # 3 To complete the analysis refer to the key in Section I I I D 6 of the Instructional Guidebook "' Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will ele,. ate the action to Corps and EPA HQ for rei iew consistent with the process described in the Corps /EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos ❑ 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 Q 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 width (ft) ❑ Other non - wetland waters acres identify type(s) of waters ❑ Wetlands acres 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) Provide acreage estimates for non - jurisdictional waters in the review area, where the sole potential basis ofJurisdiction is the MBR factors (i a presence of migratory birds presence of endangered species use of water for irrigated agriculture) using best professional Judgment (check all that apply) ❑ Non - wetland waters (i e , rivers streams) linear feet width (ft) ❑ Lakes /ponds acres Other non - wetland waters acres List type of aquatic resource ❑ Wetlands acres Provide acreage estimates for non - Jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for Jurisdiction (check all that apply) ❑ Non - wetland waters (i e , rivers streams) linear feet width (ft) ❑ Lakes /ponds acres ❑ Other non - wetland waters acres List type of aquatic resource ❑ Wetlands acres SECTION IV DATA SOURCES A SUPPORTING DATA Data reviewed for JD (check all that apply -checked items shall be included in case file and, where checked and requested, appropriately reference sources below) ® Maps, plans, plots or plat submitted by or on behalf of the apphcanUc.onsultant ® Data sheets prepared/submitted by or on behalf of the applicant/consultant ❑ Office concurs with data sheets /delineation report ❑ Office does not concur with data sheets /delineation report ❑ Data sheets prepared by the Corps ❑ Corps navigable waters study ❑ U S Geological Survey Hydrologic Atlas ❑ USGS NHD data ❑ USGS 8 and 12 digit HUC maps ® U S Geological Survey map(s) Cite scale & quad name ® USDA Natural Resources Conservation Service Soil Survey Citation ❑ National wetlands inventory map(s) Cite name ❑ State /Local wetland inventory map(s) ® FEMA /FIRM maps ❑ 100 -year Floodplam Elevation is (National Geodectic Vertical Datum of 1929) ® Photographs ® Aerial (Name & Date) or ❑ Other (Name & Date) Previous determination(s) File no and date of response letter Q Applicable /supporting case law Q Applicable /supporting scientific literature Q Other information (please specify) B ADDITIONAL COMMENTS TO SUPPORT JD