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HomeMy WebLinkAbout20150611 Ver 1_401 Application_20150615AXOMAECOM 919 461 1100 ' tel 1600 Perimeter Park Drive 919 461 1415 fax Suite 400 Morrisville, NC 27560 www.aecom com June 18, 2015 Ms. Karen Higgins, Supervisor 2 0 1 5 401 & Buffer Permit Unit Q Division of Water Resources NC Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, NC 27699 -1650 Re: Clark's Creek Greenway — Hampton Connection Charlotte, Mecklenburg County, North Carolina JUN 2 DENR . W,4. R Deaf MS. Higgins: 401 & BUFFER PERA ITTIN S AECOM (formerly URS), on behalf of Mecklenburg County, is submitting a Pre - Construction Notification application for your record only. The project consists of the construction of a paved greenway path in uplands with one single span pedestrian bridge crossing of a perennial stream (Clark's Creek). The amount of permanent fill proposed for the bridge abutments that would be located below the ordinary high water mark of the stream is less than nine cubic yards, well under the 25 cubic yards criteria to meet a Nationwide Permit # 18 (Minor Discharges), and under the 10 cubic yard notification critera. The property is located near Lookout Point Drive in Charlotte, North Carolina (Figure 1 and Figure 2 in Attachment A). The purpose of the project is to connect the communities near Lookout Point Drive, located on the west side of Clark's Creek, to the existing Clark's Creek Greenway located on the east side of Clark's Creek. The subject property is owned by Mecklenburg County. The property was field delineated by URS wetland scientists on October 7, 2014 according to the U.S. Army Corps of Engineers Wetland Delineation Manual, as amended by the Eastern Mountains and Piedmont Region supplement. Please find attached a Preliminary JD request form and supporting documentation (Attachment B). Project Description: During the field investigation, one perennial stream, Clark's Creek (Stream SA), was identified within the project area. In addition, one ephemeral drainage channel was identified within the project area. No wetlands were identified. Clark's Creek (Stream SA) is a second -order USGS blue -line perennial stream that flows in a southerly direction through the project area. Clark's Creek is located with the Rocky River watershed (HUC 03040105), and flows to Mallard Creek approximately 2 miles southeast of the project area. A 340 -foot reach of Clark's Creek was evaluated within the project area. The stream is characterized as an incised channel with severe bank erosion along both the left and right bank. The bank width is 15 feet to 20 feet, and the bank height is six feet to seven feet. The stream contained moderate flow with a good riffle -pool complex, and fish were observed in the channel. A single span bridge is proposed to cross Clark's Creek using a crane from the top of the stream bank. No construction equipment is anticipated within the stream bed. The project requires clearing /grading and the placement of rip -rap (120 square feet - 9 cubic yards) for the bridge abutment on the steep stream banks. No rip -rap or other fill material would be installed within the stream bed, but some rip -rap may be placed below the stream's ordinary high water mark along the stream bank. An additional 40 square feet of clearing /grading would occur adjacent to the A=COM Ms. Karen Higgins, NC DWR June 18, 2015 Page 2 k bridge. S;eeith enclosed Stream Bank Impacts figure and the Bridge Abutment Details figure } _l(httachment A). In addition, an ephemeral ditch (Ephemeral EA) was identified within the project area. This ephemeral channel originates from stormwater runoff and flows in a westerly direction to its confluence with Clark's Creek (left bank). The 2 -foot wide ditch starts outside the project area from a stormwater culvert under a residential property. The feature is a straight channelized ditch, lined with rip -rap stone. A portion of the ditch within the project area flows under the existing greenway trail via a double 3 -foot diameter PVC culvert. The proposed greenway connection would cross the ephemeral stream in the same location as the existing culvert. If you would like to arrange a site visit or if you should have any questions regarding the information submitted, please contact me at (919) 461 -1435 or by email at charles.benton @aecom.com. We appreciate your review of this project and concurrence that the proposed project meets the criteria for the Water Quality Certification #3890 that is associated with a NWP #18, and that the impacts are below the criteria required for written approval. Sincerely, AECOM 1 .r Charles Benton, PWS Project Manager /Senior Environmental Scientist Enclosures cc: Alicia Rocco, Mecklenburg County Mr. Chris Petterson, AECOM (URS) Mr. William A. Elliott, USACE File copy �Nsun r � f Al� � oqT o" • h CAR MECKLENBURG COUNTY ASSET AND FACILITY MANAGMENT June 17, 2015 RE: Authorization for AECOM to act as agent on behalf of Owner To whom it may concern: This letter is to confirm that AECOM, 1600 Perimeter Park Drive, Ste. 400, Morrisville, North Carolina is acting as agent on behalf of Mecklenburg County for the Little Sugar Creek Greenway — Parkwood Ave. & Cordelia Park Underpass project and the Clark's Creek Greenway - Hampton Connector project located in the City of Charlotte, Mecklenburg County, North Carolina. This authorization is for the delineation of jurisdictional water resources, and processing of subsequent permit applications, including: • U.S. Corps of Engineers (USACE) Section 404 Clean Water Act- Nationwide Permit; and • N.C. Department of the Environment and Natural Resources - Division of Water Resources (NCDENR -DWR) Section 401 Clean Water Act- Water Quality Certification Any required written correspondence concerning the application process or other aspects of this project should be jointly copied to AECOM Corporation - North Carolina and Mecklenburg County at the address shown below: Ms. Alicia Rocco, RLA, ASLA Mecklenburg County Asset and Facility Management Title, 3205 Freedom Drive, Suite 101 Charlotte, NC 28208 Please contact me with any questions at (980) 314 -2501. Sincerely, Aet'__ie°�; I ee,, — Alicia Rocco, RLA, ASLA Project Manager A_COM AECOM 919 461 1100 tel 1600 Perimeter Park Drive 919 461 1415 fax Suite 400 Morrisville, NC 27560 www.aecom.com June 18, 2015 Mr. William A. Elliott, Project Manager U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 -5006 Re: Clark's Creek Greenway — Hampton Connection Charlotte, Mecklenburg County, North Carolina Dear Mr. Elliott: JUN 2 9 , �D AECOM (formerly URS), on behalf of Mecklenburg County, is submitting a Pre- Construc, ER "SRC Notification application for your record only. The project consists of the construction of a paved , &G greenway path in uplands with one single span pedestrian bridge crossing of a perennial stream (Clark's Creek). The amount of permanent fill proposed for the bridge abutments that would be located below the ordinary high water mark of the stream is less than nine cubic yards, well under the 25 cubic yards criteria to meet a Nationwide Permit # 18 (Minor Discharges), and under the 10 cubic yard notification critera. The property is located near Lookout Point Drive in Charlotte, North Carolina (Figure 1 and Figure 2 in Attachment A). The purpose of the project is to connect the communities near Lookout Point Drive, located on the west side of Clark's Creek, to the existing Clark's Creek Greenway located on the east side of Clark's Creek. The subject property is owned by Mecklenburg County. The property was field delineated by URS wetland scientists on October 7, 2014 according to the U.S. Army Corps of Engineers Wetland Delineation Manual, as amended by the Eastern Mountains and Piedmont Region supplement. Please find attached a Preliminary JD request form and supporting documentation (Attachment B). Project Description: During the field investigation, one perennial stream, Clark's Creek (Stream SA), was identified within the project area. In addition, one ephemeral drainage channel was identified within the project area. No wetlands were identified. Clark's Creek (Stream SA) is a second -order USGS blue -line perennial stream that flows in a southerly direction through the project area. Clark's Creek is located with the Rocky River watershed (HUC 03040105), and flows to Mallard Creek approximately 2 miles southeast of the project area. A 340 -foot reach of Clark's Creek was evaluated within the project area. The stream is characterized as an incised channel with severe bank erosion along both the left and right bank. The bank width is 15 feet to 20 feet, and the bank height is six feet to seven feet. The stream contained moderate flow with a good riffle -pool complex, and fish were observed in the channel. A single span bridge is proposed to cross Clark's Creek using a crane from the top of the stream bank. No construction equipment is anticipated within the stream bed. The project requires clearing /grading and the placement of rip -rap (120 square feet - 9 cubic yards) for the bridge abutment on the steep stream banks. No rip -rap or other fill material would be installed A=COM Mr. William A. Elliott, USACE June 18, 2015 Page 2 within the stream bed, but some rip -rap may be placed below the stream's ordinary high water mark along the stream bank. An additional 40 square feet of clearing /grading would occur adjacent to the bridge. See the enclosed Stream Bank Impacts figure and the Bridge Abutment Details figure (Attachment A). In addition, an ephemeral ditch (Ephemeral EA) was identified within the project area. This ephemeral channel originates from stormwater runoff and flows in a westerly direction to its confluence with Clark's Creek (left bank). The 2 -foot wide ditch starts outside the project area from a stormwater culvert under a residential property. The feature is a straight channelized ditch, lined with rip -rap stone. A portion of the ditch within the project area flows under the existing greenway trail via a double 3 -foot diameter PVC culvert. The proposed greenway connection would cross the ephemeral stream in the same location as the existing culvert. We would appreciate you issuing a preliminary JD for the subject property at your earliest convenience. If you would like to arrange a site visit or if you should have any questions regarding the information submitted, please contact me at (919) 461 -1435 or by email at charles.benton @aecom.com. We appreciate your review of this project and concurrence that the proposed project meets the criteria for a NWP #18, and that the impacts are below the criteria required for written approval. Sincerely, 1 Charles E. Benton, PWS Senior Environmental Scientist Enclosures cc: Alicia Rocco, Mecklenburg County Mr. Chris Petterson, AECOM (URS) Ms —Karen Higgin "s— NCDWRj File copy _ - -1 o� va a r��, J N& p Office Use Only. L r Corps action ID no. I., 1 0 DWQ project no. ZI 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: I ❑X Section 404 Permit ❑ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 18 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 1e. Is this notification solely for the record For the record only for DWQ For the record only for Corps Permit: Page 1 of 10 PCN Form — Version 1.4 January 2009 because written approval is not required? 401 Certification: ❑X Yes ❑ No ❑X Yes ❑ No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank ❑ Yes ❑X No or in -lieu fee program. 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h ❑ Yes ❑X No below. 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Clark's Creek Greenway Hampton Connector Project 2b. County: Mecklenburg 2c. Nearest municipality / town: Charlotte 2d. Subdivision name: Amber Leigh 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: See attached property owners list 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent X❑ Other, specify: Mecklenburg County 4b. Name: Alicia Rocco, RLA, ASLA 4c. Business name Mecklenburg County Asset and Facility Management Title (if applicable): 4d. Street address: 3205 Freedom Drive, Suite 101 4e. City, state, zip: Charlotte, NC 28208 4f. Telephone no.: 980.314.2501 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Charles Benton 5b. Business name AECOM /URS (if applicable): 5c. Street address: 1600 Perimeter Park Drive 5d. City, state, zip: Morrisville, NC 27560 5e. Telephone no.: 919.461.1435 5f. Fax no.: 5g. Email address: charles.benton @aecom.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1 b. Site coordinates (in decimal degrees): I Latitude: 35.350258 1c. Property size: 2. Surface Waters 2a. Name of nearest body of water to proposed project: 2b. Water Quality Classification of nearest receiving water: 2c. River basin: 3. Project Description 02743199, 02743197 Longitude: - 80.787236 3 acres Clarks Creek C Rocky - 03040105 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The project site is a wooded buffer along a perennial stream - Clark's Creek The surrounding area is developed with single - family residential homes within large subdivision communities. The western side of Clark's Creek has been cleared for an existing sanitary sewer easement, and the east side has been cleared for an existing greenway trail 3b. List the total estimated acreage of all existing wetlands on the property: 0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 340 3d. Explain the purpose of the proposed project: The proposed project would connect the Amber Leigh subdivision (Hampton Place Phase 7) to the existing Clark's Creek Greenway trail 3e. Describe the overall project in detail, including the type of equipment to be used: The project would install a 10 -foot wide paved path from Lookout Point Drive to the existing greenway on the east side of Clark's Creek The project would use standard construction equipment, such as graders to construct the new path. The pedestrian bridge would be installed from the top of bank usina a crane. The construction start date is September 15. 2015. and is anticipated to last thee months. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the ❑ Yes ❑X No ❑ Unknown Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: preliminary JD Request enclosed 4b. If the Corps made the jurisdictional determination, what type ❑X Preliminary ❑ Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Name (if known): Charlie Benton, PWS Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes ❑X No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? 6b. If yes, explain. ❑ Yes ❑X No Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1a. 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. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of impact Type of wetland Forested Type of jurisdiction Area of number Corps (404,10) or impact Permanent (P) or DWQ (401, other) (acres) Temporary (T) W1 Choose one Choose one Yes /No - W2 Choose one Choose one Yes /No W3 Choose one Choose one Yes /No N/4 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. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact number intermittent (INT)? jurisdiction stream length Permanent (P) or width (linear Temporary (T) (feet) feet) S1 P Stabilization Clark's Creek PER Corps I 20 45 S2 Choose one S3 I Choose one S4 I Choose one S5 I Choose one S6 I Choose one 3h. Total stream and tributary impacts 45 3i. Comments: The project involves a pedestrian foot bridge over Clark's Creek as part of the Greenway improvement project The project requires clearing /grading and the placement of rip -rap (120 square feet - 9 cubic yards) for the bridge abutment on the steep stream banks. No rip -rap or other fill material would be installed within the stream bed, but some rip -rap may be placed below the stream's ordinary high water mark. An additional 40 square feet of clearing /grading would occur adjacent to the bridge. See the enclosed Stream Bank Impacts figure and the Bridge Abutment Details figure. 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 individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impact number (if applicable) Type of impact Waterbody Area of impact (acres) Permanent (P) or 6a. Project is in which protected basin? type Temporary (T) 6b. 6c. 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, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Pond ID number Proposed use or Wetland Impacts (acres) Stream Impacts (feet) Upland purpose of pond (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: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitiqation, ti-en you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. 6c. 6d. 6e. 6f. 6g. Buffer Impact Reason for impact Stream name Buffer Zone 1 Zone 2 number — mitigation impact impact Permanent (P) or required? (square (square Temporary (T) feet) feet) B1 Yes /No B2 Yes /No B3 Yes /No B4 Yes /No B5 Yes /No B6 Yes /No 6h. Total Buffer Impacts: 6i. 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. A single span pedestrian bridge was designed for the stream crossing, instead of a culvert. Clearing /grading and rip -rap placement has been minimized to the greatest extent practicable. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction of the pedestrian bridge will be conducted from the top of bank. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes ❑X No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): 2c. If yes, which mitigation option will be used for this project? 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) 3c. Comments: ❑ DWQ ❑ Corps ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation Type: Choose one Quantity: Type: Choose one Quantity: Type: Choose one Quantity: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. 4b. Stream mitigation requested: 4c. If using stream mitigation, stream temperature: 4d. Buffer mitigation requested (DWQ only): 4e. Riparian wetland mitigation requested: 4f. Non - riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested: 4h. Comments: ❑ Yes 0 linear feet Choose one 0 square feet acres acres acres 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 I ❑ Yes ❑X No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee 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 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. The project is not located in one of the watersheds where the NC Riparian Buffer Protection Rules are in place ❑ Yes ❑ No 2. Stormwater Manaqement Plan 2a. What is the overall percent imperviousness of this project? 0% 2b. Does this project require a Stormwater Manaqement Plan? ❑ Yes ❑x No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The proposed project would minimally increase the area of impervious land surface by 7,080 square feet for the construction of the 10 -foot wide paved greenway path. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local qovernment's jurisdiction is this project? 3b. Which of the following locally - implemented stormwater management programs apply (check all that apply): 3c. Has the approved Stormwater Management Plan with proof of approval been attached? 4. DWQ Stormwater Proqram Review 4a. Which of the following state - implemented stormwater management programs apply (check all that apply): 4b. Has the approved Stormwater Management Plan with proof of approval been attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? 5b. Have all of the 401 Unit submittal requirements been met? DWR ❑ Phase II ❑ NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: ❑ Yes ❑ No ❑Coastal counties ❑HQW ❑ORW ❑Session Law 2006 -246 ❑Other: ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal /state /local) funds or the 0 Yes ❑ No use of public (federal /state) land? 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 ❑ Yes O 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 letter.) ❑ Yes Z No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑Yes 0 No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ❑Yes M 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 I El Yes O No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative Impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The proposed project Involves the installation of a greenway path and pedestrian bridge to connect two subdivisions that are already fully built -out. No cumulative Impacts are anticipated 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from N/A the proposed project, or available capacity of the subject facility. 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 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? North Carolina Natural Heritage Program Element Occurrences and field surveys. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA Essential Fish Habitat Mapper 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? The North Carolina State Historic Preservation Office GIS Web Service & field surveys. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplam? ❑ Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: The project will receive approval of an Individual Floodplain Development Permit (IFDP) application from with Mecklenburg County. 8c. What source(s) did you use to make the floodplain determination? FEMA Flood Map Service Center Charles Benton - AECOM /URS 6 -12 -2015 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 Attachment A Figures Clark's Creek �,. ... ,. Greenway -7 —1k F��e � t N ;'� ` _ r,.•''w Project location �' I �y��+r,° 35.350256, - 80.787221 `'► I �ff���fff��dJ"'ddd- --AMiYYCCCCCC. ♦ �� L, �� �- 'i14.1�.IrArP Hampton Connection ✓f ti `� «,,,,,,•,,,. '+� ~mot' URS Project No. 38941593 Vol �►`� r , `pct 4 � 4 ��.' is+.. fI� K�}-�+ ti + , '�► t ✓tea• y. ti 3 , J� }tsf, 11r•w♦ f' M. 1, yam. - �' ~• i via fr 4_ a� -R s.wra t s ewo vy- Ch Otte CM ••1MN WII' ! COUNTY F -Mecklenburg I L ! Rocky Watershed N ♦ HUC - 03040105 WE + ♦w� ., l •�•M+ # ,o.w ♦a a° Figure 1 p �1�1 5'''�� ,/ �-. ,�►'' Project Location - `Sources: Esn, HE�RE�DeL'orme, USGS;�In rma , increme Corp.. NF9C-#N, Esri 0 5 10 ile� Japan, METI, Esri China.(Hong Kongj`Esri (Thailan !To�Tom, Mapmyl'n'c�ia, © NAD 3oUTM 17N f zhs_�� _ _ - OpenStreetMap conit,,ributors, and the' GIS Us�er Com riity This map rs for reference only. � "rte � �.� • - v. t � � r r � , 1� ♦ rk r f IL � T . Yrs Project . - itt _ �• ., t , '` •��� • ?r • .1 OF -oo .oMg.(• oU Do ' �v -'y o',�So .?ol�a• •. 00 0 �p o00 �(�CS 1 500 1,000 i 1 � 1 2/' I IN `'a 1 a Project location r 35.350256, -80.787221 , + _r Clark's Creek Greenway J. 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[- ''�f'!'.i .laf� .. - }..: �.�:_ -ten: :�.:�:: •�rr- c•, s -•,. ... ._ •... ..,, .� •.:: Clark's Creek Greenway Hampton Connection URS Project No. 38941593 Legend Disturbance limits O Flagpoints Culvert Perennial stream Ephemeral stream i COUNTY Mecklenburg Rocky Watershed HUC - 03040105 Figure 4 Delineated WOUS TI, vatic' Ji 7 f t r' i •Y i�D �i, 4.. 4 rew IL r � � • r d tr+ ± ±LL t • 1 •1 • / 1 1Wn \i I Scale: V = 5' June 3, 2015 Y W STREAM CENTERLINE U CLEAR AND GRUB IMPACT A EA Cn 10 SO T ( RIP RAP IMPACT AREA Q 30 SO FT U LIMITS OF DISTURBANCE PROPOSED TRAIL — F tin Cn F PROPOSED ABUTMENT 1 C PROPOSED BRIDGE l 1 TOP OF BANK RIP JAP IMPACT REA 1 /I 90 SO FT CLEAR AI�(D GRUB IMPACT AREA 1 15 SO FT Clark's Creek Greenway Hampton Connector Stream Bank Impacts 1 cI) \ \ v v v RUB I PACT AR A v I �n O cn � PROPOS ABUTMEN F v r� r r O rte, } 1 F � PR06SED TRAIL - LIMIT OF U DIST ANCE U U7 6000 Fairview Road. Suite 200 Charlotte, North Carolina 28210 Phone: (704) 522 -0330 Fax: (704) 522 -0063 \ TO OF BA K CLEAR AND 15 SC C� t I C 1 C PROPOSED BRIDGE l 1 TOP OF BANK RIP JAP IMPACT REA 1 /I 90 SO FT CLEAR AI�(D GRUB IMPACT AREA 1 15 SO FT Clark's Creek Greenway Hampton Connector Stream Bank Impacts 1 cI) \ \ v v v RUB I PACT AR A v I �n O cn � PROPOS ABUTMEN F v r� r r O rte, } 1 F � PR06SED TRAIL - LIMIT OF U DIST ANCE U U7 6000 Fairview Road. Suite 200 Charlotte, North Carolina 28210 Phone: (704) 522 -0330 Fax: (704) 522 -0063 xEC lo+ 98 E' vrI 9av H veGE - /,]]09 L°09oUi vpMiloxn�E B9r48'�[ , ��9. S � 9ieMW- ,5.198, / 4 / i lam"° '� \� �� /I \•`.P°4�� ``� \ � � \�� \'-� � � / ° s °EEO 2 M. ve°E 191 \ \ 9 4 BW9 5. veGE „8 , R ` /19b9 OdtWi vOxi M84 1 \ � r% � IB�a1 \� PROFILE VIEW: Lt I SCALE: 1" = 20' HORIZ. 1" = 4' VERT. 2 STA. 10+00 TO STA. 15 +19.61 g Y e -pr �Y Y.IMIKR/9. 19AMMr I Q a ZI �R rn J ° o; zza 6. pzs-90 a� _ nz A. J p 1118 1 1 >AI� Ism 9NQ1 os pan w -la m rzs -1r 9xc pn°rac _� - _ ml M. i aL L; 1 1 - �N..}Y I o 90a tv d V0 .I 89'1 .. - _.. - - — -- I I I "9i n• i «b aM 119Y aMe v�b �lrm I«Y ,NY rNY IBM �\ Iiewnl/ ■ / �I4eWTYl m — — � ki 1LL nTl rYnCtMI ABUTMENT 1 I _ ABUTMENT 2 SECTION ALONG GREENWAY T c rJ f - - A�m ..MC, .ia • • �_— � Mrs v[ ti l c IIV \ PLAN ' c c �� � I �rf M •bd1 ear urW, •ionr Wr i•eu[ ,mLSilfrri, iI II mono a� .ea � .cn.or nssc,m me M � nwcmrs naoeaun m R M nw xria •nr uren a M sw are�".c' M oiv �r �•san t ms.no Ia ;p w.usneni s ear rauMn � sw rAa •s�"ar ••rn T , re PLM ANCHOR BOLT LAYOUT PLAN GENERAL NOTES wia¢n •nrden� Irel se,u � nom n. a,u. r saern .ua ro rare•c mienunori er M rronc r"mtisn rnN rmna as. M aom •,u.n ec mmaim .m runMxi oI M Iron �'sa m 3�4 k er awn y. rr rn� eu r.rA� Ie •,r rn y rnw �sMr -A•iYrn _ _� p•r cn rr C-1 r� ABUTMENT DETAIL �arr nor lusal euv. sra. ae oT ELEVATION WING WALL DETAILS Y 0 � Y a z F m r•zi� aF 3�c vc 0 u `g � a m S L 00 f Attachment B JD Package Jurisdictional Determination Request 0 US Army Corps of Engineers. wliriutwon Diarkt 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 to the appropriate Corps Field Office (or project manager, if known) via mail, electronic mail, or facsimile. A current list of county assignments by Field Office and project manager can be found on -line at: htti): / /www.saw.usace.armv. mil / Missions /Rel;ulatoryPermitProaram.aspx , by telephoning: 910 -251 -4633, or by contacting any of the field offices listed below: ASHEVILLE REGULATORY FIELD OFFICE 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 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910 -251 -4633 Fax Number: (910) 251 -4025 Version: December 2013 Page 1 Jurisdictional Determination Request INSTRUCTIONS: All requestors must complete Parts A, B, C, D, E and F. 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 G. 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 to be considered a complete request. NOTE ON PART D - NCDOT REOUESTS: 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: December 2013 Page 2 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: Lookout Point Drive City, State: Charlotte, North Carolina County: Mecklenburg County Directions: From 1 -85 take exit 45B and head west on NC 24 for 3 mi Turn right onto W Sugar Creek Rd and continue for 1 mi Turn right onto Amber Leigh Way and right onto Lookout Point Drive Project is past cul -de -sac Parcel Index Number(s) (PIN): See attached property owners list B. REQUESTOR INFORMATION Name: Charles Benton, URS Mailing Address: 1600 Perimeter Park Drive, STE 400, Morrisville, NC 27560 Telephone Number: 919.461.1435 Electronic Mail Address t: charles.benton @urscom Select one: ❑ I am the current property owner. ✓❑ I am an Authorized Agent or Environmental Consultant ❑ Interested Buyer or Under Contract to Purchase ❑ Other, please explain. C. PROPERTY OWNER INFORMATION Name: See attached property owners list Mailing Address: Telephone Number: Electronic Mail Address 3: ❑ Proof of Ownership Attached (e.g. a copy of Deed, County GIS /Parcel /Tax Record data) 1 If available 2 Must attach completed Agent Authorization Form 3 If available Version: December 2013 Page 3 Jurisdictional Determination Request D. PROPERTY OWNER CERTIFICATION I, the undersigned, a duly authorized owner of record of the property /properties identified herein, do 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 and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and /or Section 10 of the Rivers and Harbors Act of 1899. Property Owner (please print) Date Property Owner Signature E. JURISDICTIONAL DETERMINATION TYPE Select One: I am requesting that the Corps provide a preliminary JD for the property identified herein. This request does include a delineation. I am requesting that the Corps provide a preliminary JD for the property identified herein. This request does NOT include a delineation. I am requesting that the Corps investigate the property /project area for the presence or absence of WoUS5 and provide an approved JD for the property identified herein. This request does NOT include a request for a verified delineation. I am requesting that the Corps delineate the boundaries of all WoUS on a property /project area and provide an approved JD (this may or may not include a survey plat). ❑ I am requesting that the Corps evaluate and approve a delineation of WoUS (conducted by others) on a property /project area and provide an approved JD (may or may not include a survey plat). 4 For NCDOT requests following the current NCDOT /USACE protocols, skip to Part E. 5 Waters of the United States Version: December 2013 Page 4 Jurisdictional Determination Request F. ALL REQUESTS Map of Property or Project Area (attached). This Map must clearly depict the boundaries of the area of evaluation. Size of Property or Project Area 4.4 acres FY—/1 I verify that the property (or project) boundaries have recently been surveyed and marked by a licensed land surveyor OR are otherwise clearly marked or distinguishable. G. JD REQUESTS FROM CONSULTANTS OR AGENCIES (1) Preliminary JD Requests: Completed and signed Preliminary Jurisdictional Determination Form6. ❑ Project Coordinates: 35.350256 Latitude - 80.787221 Longitude Maps (no larger than 11x17) with Project Boundary Overlay: ❑✓ Large and small scale maps that depict, at minimum: streets, intersections, towns ❑✓ Aerial Photography of the project area ❑� 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) 6 See Appendix A of this Form. From Regulatory Guidance Letter No. 08 -02, dated June 26, 2008 Version: December 2013 Page 5 Jurisdictional Determination Request Delineation Information (when applicable): Wetlands: ❑ Wetland Data Sheets8 Tributaries: ❑✓ USACE Assessment Forms ❑ Upland Data Sheets ❑✓ Other Assessment Forms (when appropriate) ❑✓ Landscape Photos, if taken ❑ Field Sketch overlain on legible Map that includes: ■ All aquatic resources (for sites with multiple resources, label and identify) ■ Locations of wetland data points and /or tributary assessment reaches ■ Locations of photo stations ■ Approximate acreage /linear footage of aquatic resources (2) Approved JDs including Verification of a Delineation: ❑ Project Coordinates: Latitude Longitude Maps (no larger than 11x17) with Project Boundary Overlay: ❑ Large and small scale maps that depict, at minimum: streets, intersections, towns ❑ Aerial Photography of the project area ❑ USGS Topographic Map ❑ Soil Survey Map ❑ Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps) 1987 Manual Regional Supplements and Data forms can be found at: httr): / /www.usace.armv.mil/ Missions/ CivilWorks/ ReaulatorvProaramandPermits /rea suDD.asDx Wetland and Stream Assessment Methodologies can be found at: httD. / /Dortal.ncdenr.ora /c /document library /aet file ?uuid= 76f3c58b -dab8- 4960- ba43- 45b7faf06f4c &arouDld= 38364 and, httD: / /www.saw.usace.armv.mil/ Portals /59 /docs /reaulatory /Dublicnotices /2013 /NCSAM Draft User Manual 130318.Ddf 8 Delineation information must include, at minimum, one wetland data sheet for each wetland /community type. Version: December 2013 Page 6 Jurisdictional Determination Request Delineation Information (when applicable): Wetlands: ❑ Wetland Data Sheets Tributaries: ❑ USACE Assessment Forms ❑ Upland Data Sheets ❑ Other Assessment Forms (when appropriate) ❑ Landscape Photos, if taken ❑ Field Sketch overlain on legible Map that includes: • All aquatic resources (for sites with multiple resources, label and identify) • Locations of wetland data points and/or tributary assessment reaches • Locations of photo stations • Approximate acreage /linear footage of aquatic resources Supporting Jurisdictional Information (for Approved JDs only) ❑ Approved Jurisdictional Determination Form(s) (also known as "Rapanos Form(s)") ❑ Map(s) depicting the potential (or lack of potential) hydrologic connection(s), adjacency, etc. to navigable waters. s Delineation information must include, at minimum, one wetland data sheet for each wetland /community type. Version: December 2013 Page 7 Jurisdictional Determination Request REQUESTS FOR CORPS APPROVAL OF SURVEY PLAT Prior to final production of a Plat, the Wilmington District recommends that the Land Surveyor electronically submit a draft of a Survey Plat to the Corps project manager for review. Due to storage limitations of our administrative records, the Corps requires that all hard - copy submittals include at least one original Plat (to scale) that is no larger than 11 "x17" (the use of match lines for larger tracts acceptable). Additional copies of a plat, including those larger than 11 "x 17 ", may also be submitted for Corps signature as needed. The Corps also accepts electronic submittals of plats, such as those transmitted as a Portable Document Format (PDF) file. Upon verification, the Corps can electronically sign these plats and return them via e -mail to the requestor. (1) PLATS SUBMITTED FOR APPROVAL Must be sealed and signed by a licensed professional land surveyor ❑ Must be to scale (all maps must include both a graphic scale and a verbal scale) ❑ Must be legible ❑ Must include a North Arrow, Scale(s), Title, Property Information Must include a legible WoUS Delineation Table of distances and bearings /metes and bounds /GPS coordinates of all surveyed delineation points ❑ Must clearly depict surveyed property or project boundaries Must clearly identify the known surveyed point(s) used as reference (e.g. property corner, USGS monument) ❑ When wetlands are depicted: • Must include acreage (or square footage) of wetland polygons • Must identify each wetland polygon using an alphanumeric system Version: December 2013 Page 8 Jurisdictional Determination Request When tributaries are depicted: • Must include either a surveyed, approximate centerline of tributary with approximate width of tributary OR surveyed Ordinary High Water Marks (OHWM) of tributary • Must identify each tributary using an alphanumeric system • Must include linear footage of tributaries and calculated area (using approximate widths or surveyed OHWM) • Must include name of tributary (based on the most recent USGS topographic map) or, when no USGS name exists, identify as "unnamed tributary" all depicted WoUS (wetland polygons and tributary lines) must intersect or tie -to surveyed project /property boundaries ❑ Must include the location of wetland data points and /or tributary assessment reaches ❑ Must include, label accordingly, and depict acreage of all waters not currently subject to the requirements of the CWA (e.g. "isolated wetlands ", "non - jurisdictional waters "). NOTE: An approved JD must be conducted in order to make an official Corps determination that a particular waterbody or wetland is not jurisdictional. ❑ Must include and survey all existing conveyances (pipes, culverts, etc.) that transport WoUS Version: December 2013 Page 9 Jurisdictional Determination Request (2) CERTIFICATION LANGUAGE ❑ When the entire actual Jurisdictional Boundary is depicted: include the following Corps Certification language: "This certifies that this copy of this plat accurately depicts the boundary of the jurisdiction of Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is a change in the la w or our published regulations, the determination of Section 404 jurisdiction may be relied upon for a period not to exceed five (5) years from this date. The undersigned completed this determination utilizing the appropriate Regional Supplement to the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual. " Regulatory Official., Title: Date: USACEAction ID No.: When uplands may be present within a depicted Jurisdictional Boundary: include the following Corps Certification language: "This certifies that this copy of this plat identifies all areas of waters of the United States regulated pursuant to Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is change in the law or our published regulations, this determination of Section 404_ jurisdiction may be relied upon for a period not to exceed five years from this date. The undersigned completed this determination utilizing the appropriate Regional Supplement to the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual. " Regulatory Official: Title: Date: USACEAction lD No.: Version: December 2013 Page 10 Jurisdictional Determination Request (3) GPS SURVEYS For Surveys prepared using a Global Positioning System (GPS), the Survey must include all of the above, as well as: be at sub -meter accuracy at each survey point. ❑ include an accuracy verification: One or more known points (property corner, monument) shall be located with the GPS and cross - referenced with the existing traditional property survey (metes and bounds). ❑ include a brief description of the GPS equipment utilized. Version: December 2013 Page 11 ATTACHMENT A PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Charles Benton, URS (Applicant Agent for Mecklenburg Co ) 1600 Perimeter Park Dr, STE 400, Morrisville, NC 27560 Alicia Rocco, Mecklenburg County (Applicant) 3205 Freedom Drive, STE 101, Charlotte NC 28208 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Clark's Creek Greenway - Hampton Connection, Mecklenburg County, NC (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County /parish /borough: Mecklenburg City. Charlotte Center coordinates of site (lat/long in degree decimal format): Lat. 35.350256 °N; Long. - 80.787221 OW. Universal Transverse Mercator: Name of nearest waterbody: Clark's Creek Identify (estimate) amount of waters in the review area: Non - wetland waters: 350 linear feet: 10 width (ft) and /or acres. Cowardin Class: R2UB Stream Flow: Perennial Wetlands: acres. Cowardin Class: Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: Non - Tidal: 1 E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should 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: ❑✓ Data sheets prepared /submitted by or on behalf of the applicanUconsultant. 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: Dernita, 7.5 min. quad. ❑ 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 Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ❑✓ Photographs: ❑✓ Aerial (Name & Date): or 7 Other (Name & Date): Field photographs from 10 -07 -2014 ❑ Previous determination (s). File no. and date of response letter: ❑ Other information (please specify): 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non - reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. 3 This preliminary JD finds that there "may be "waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: IMPORTANT NOTE: The information recorded on this form has not necessarilv been verified by the Corps and should not be relied uaon for later iurisdictional determinations. Signature and date of Regulatory Project Manager (REQUIRED) 4 '�- 06/18/15 Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) Forms USACE AID# DWQ # Site # (indicate on attached map) STREAM QUALITY ASSESSMENT WORKSHEET Provide the following information for the stream reach under assessment: 1. Applicant's name: Mecklenburg County 3. Date of evaluation: 10 -7 -2014 5. Name of stream: SA - Clark's Creek 7. Approximate drainage area: 1000 ac. 9. Length of reach evaluated: 200 ft. 2. Evaluator's name: Charlie Benton/ Paul Gerlach - URS 4. Time of evaluation: 14:00 6. River basin: Rocky River 03040105 8. Stream order: 2nd 10. County: Mecklenburg 11. Site coordinates (if known): prefer in decimal degrees. 12. Subdivision name (if any): Latitude (ex. 34.872312): 35.350075 Longitude (ex - 77.556611): - 80.787187 Method location determined (circle): GPS Topo Sheet rtho (Aerial) Photo /GIS ther GIS Other 13. Location of reach under evaluation (note nearby roads and Ian mar cs and attach map identifying stream(s) location): West of current Clark's Creek Greenway near Lookout Point Dr 14. Proposed channel work (if any): Construction of pedestrian bridge over creek 15. Recent weather conditions: 0 inches of rain in previous 48 hours 16. Site conditions at time of visit: Cloudy - 80 deg. F. 17. Identify any special waterway classifications known: _Section 10 _Tidal Waters _Essential Fisheries Habitat _Trout Waters _Outstanding Resource Waters Nutrient Sensitive Waters _Water Supply Watershed (I -IV) 18. Is there a pond or lake located upstream of the evaluation point? t'E NO If yes, estimate the water surface area: 3 ac. 19. Does channel appear on USGS quad map? 0 NO 20. Does channel appear on USDA Soil Survey? ( NO 21. Estimated watershed land use: 60 % Residential 5 % Commercial % Industrial % Agricultural 35 % Forested % Cleared / Logged % Other ( 22. Bankfull width: 10 ft. 23. Bank height (from bed to top of bank): 6 ft. 24. Channel slope down center of stream: _Flat (0 to 2 %) X Gentle (2 to 4 %) _Moderate (4 to 10 %) _Steep ( >10 %) 25. Channel sinuosity: Straight X Occasional bends _Frequent meander _Very sinuous _Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 53 Comments: Clark's Creek is a second order USGS blue -line perennial stream. The stream contains moderate flow with a good riffle - pool complex. The channel is incised with severe bank erosion along both the left and right bank. Evaluator's Signature Date 10 -07 -2014 This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919- 876 -8441 x 26. Stream SA STREAM QUALITY ASSESSMENT WORKSHEET ECOREGION POINT RANGE # CHARACTERISTICS Coastal Piedmont Mountain SCORE 1 Presence of flow / persistent pools in stream 0-5 0 - 4 0-5 (no flow or saturation = 0; strong flow = max points) 4 2 Evidence of past human alteration 0-6 0-5 0-5 (extensive alteration = 0; no alteration = max points) _ 4 3 Riparian zone 0-6 0-4 0-5 (no buffer = 0; contiguous, wide buffer = max points) 2 4 Evidence of nutrient or chemical discharges 0-5 0 - 4 0-4 (extensive discharges = 0; no discharges = max points) 4 5 Groundwater discharge 0-3 0-4 0-4 (no discharge = 0; springs, seeps, wetlands, etc. = max points) 4 Presence of adjacent floodplain 6 0- 4 0- 4 0- 2 y, (no floodplain = 0; extensive floodplain =max points) 4 Entrenchment / floodplain access pr 7 (deeply entrenched = 0; frequent flooding = max points) 0-5 0 - 4 0-2 0 8 Presence of adjacent wetlands 0-6 0-4 0-2 0 (no wetlands = 0; large adjacent wetlands = max points) 9 Channel sinuosity 0-5 0-4 0-3 (extensive_ channelization = 0; natural meander = max points) 10 Sediment input 0-5 0-4 0-4 2 (extensive deposition= 0; little or no sediment = max points) 11 Size & diversity of channel bed substrate NA* 0-4 0 - 5 (fine, homogenous = 0; large, diverse sizes = max points) 2 12 Evidence of channel incision or widening 0-5 0 - 4 0-5 0 >4 (deeply incised = 0; stable bed & banks = max points) 0-0 -4 Presence of major bank failures a 13 0 -5 0 -5 0 -5 0 i,4 (severe erosion = 0; no erosion, stable banks = max points) 14 Root depth and density on banks 0-3 0 - 4 0-5 2 (no visible roots = 0; dense roots throughout = max points) 15 Impact by agriculture, livestock, or timber production (substantial impact =0; no evidence = max points) 0-5 0 - 4 0-5 4 Presence of riffle- pool/ripple -pool complexes 16 0 -3 0 -5 0 -6 4 F (no-riffles/ripples or pools = 0; well - developed = max points) 1 0-6 0 - 6 0-6 Habitat complexity 4 (little or no habitat = 0; frequent, varied habitats max points) 18 Canopy coverage over streambed ,x (no shading vegetation =_0; canopy =max points) 0; continuous cano 0-5 0 - 5 0-5 5 19 Substrate embeddedness NA* 0-4 0-4 2 (deeply embedded _= 0; loose structure = max) Presence of stream invertebrates (see page 4) 20 0 -4 0 -5 0 -5 p (no evidence = 0; common, numerous types = max points)_ G7 I 21 Presence of amphibians 0-4 0-4 0-4 O (no evidence = 0; common, numerous types = max points) 0 Presence of fish OI 22 0 -4 0 -4 0 -4 2 (no evidence = 0; common, numerous types = max points) 23 Evidence of wildlife use 0-6 0-5 0-5 3 no evidence = 0; abundant evidence = max points) Total Points Possible 100 100 100 TOTAL SCORE (also enter on first page) 53 * These characteristics are not assessed in coastal streams. 2 Stream ID# SA (flags 1 to 11 and 1A to 11A) NC DWQ Stream Identification Form Version 4.11 Date: 10/7/14 Project/Site: Clark's Creek Latitude: 35.350075 Evaluator: Charlie Benton/ Paul Gerlach - URS County: Mecklenburg Longitude: - 80.787187 Total Points: Stream Determination (circ a Other Derita Stream is at least intermittent 36.5 Ephemeral Intermitten Perennial ) e.g. Quad Name: if >_ 19 or perennial if ? 30 A. Geomorphology (Subtotal = 20.5 ) Absent Weak Moderate Strong 1a Continuity of channel bed and bank 0 1 2 (J) 2. Sinuosity of channel along thalweg 0 1� 2 3 3. In- channel structure: ex. riffle -pool, step -pool, 0 1 0 3 ripple -pool sequence 4. Particle size of stream substrate 0 1 2 U 5 Active /relict floodplain 0 1 2 O 6. Depositional bars or benches 0 1 © 3 7. Recent alluvial deposits 0 1Q 2 3 8. Headcuts ( 1 2 3 9. Grade control 0 0.5 1 I (1. o 10. Natural valley 0 0.5 1.5 11. Second or greater order channel I No = 0 Yes (3) a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 9 ) 12. Presence of Baseflow 0 1 2 0 13. Iron oxidizing bacteria 0 (1) 2 3 14. Leaf litter 1.5 1 0.5 (0) 15. Sediment on plants or debris 0 (9 1 1.5 16. Organic debris lines or piles 0 0.5 1 0 17. Soil -based evidence of high water table? No = 0 Yes C. Biology (Subtotal = 7 ) 18. Fibrous roots in streambed 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 (1) 1.5 23. Crayfish (0o 0.5 1 1.5 24. Amphibians 00) 0.5 1 1.5 25. Algae (0) 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other " *perennial streams may also be identified using other methods See p 35 of manual Notes: Clark's Creek is a second order USGS blue -line perennial stream. The stream contains moderate flow with a good riffle -pool complex. The channel is incised with severe bank erosion along both the left and right bank. Sketch: Stream ID# EA (flags 1 to 6) NC DWQ Stream Identification Form Version 4.11 Date: 10/7/14 Project/Site: Clark's Creek Latitude: 35.350256 Evaluator: Charlie Benton/ Paul Gerlach - URS County: Mecklenburg Longitude: - 80.787221 Total Points: SyAamj2etermi nation (circle one) Other Derita Stream is at least intermittent 8.5 hemera Intermittent Perennial a g. Quad Name: if ? 19 or perennial if ? 30' A. Geomorphology (Subtotal = 5.5 ) Absent Weak Moderate Strong 1a Continuity of channel bed and bank 0 1 2 U) 2. Sinuosity of channel along thalweg 0 1� 2 3 3. In- channel structure: ex. riffle -pool, step -pool, O 1 2 3 ripple -pool sequence 4. Particle size of stream substrate U 1 2 3 5. Active /relict floodplain QO 1 2 3 6. Depositional bars or benches OQ 1 2 3 7. Recent alluvial deposits OQ 1 2 3 1 8. Headcuts D 1 2 3 9. Grade control 0 U 1 1.5 10. Natural valley 0 0.5 Cl) 1.5 11. Second or greater order channel No (0) Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 2 ) 12. Presence of Baseflow OO 1 2 3 13. Iron oxidizing bacteria (0) 1 2 3 14. Leaf litter 1.5 1 (0.5) 0 15. Sediment on plants or debris 0 00 1 1.5 16. Organic debris lines or piles 0 0.5 (1) 1.5 17. Soil -based evidence of high water table? No =(0) Yes = 3 C. Biology (Subtotal = 1 ) 18. Fibrous roots in streambed 3 2 0 19. Rooted upland plants in streambed 3 2 1 co 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish (0) 0.5 1 1.5 23. Crayfish no 0.5 1 1.5 24. Amphibians no 0.5 1 1.5 25. Algae (0 ) 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other €( 'Perennial streams may also be identified using other methods See p. 35 of manual Notes: This ephemeral ditch originates from stormwater runoff and flows in a westerly direction to its confluence with Clark's Creek (left bank). The 2 -foot wide ditch starts outside the project area from a stormwater culvert under a residential project. The feature is a straight channelized ditch lined with rip -rap stone. A portion of the ditch Sketch:within the project area flows under the existing greenway trail via a double 3 -foot diameter PVC culvert. Maps Y -�- f Clark's Creek Greenway 0 a•IYIi rar M► 1.+iMr , ► —�_ yam/` �� JA j �• ,ty !s i � - .,•u i Niw�esalte �wp..r � � <on. + � im •� Project location � v% 35.350256, - 80.787221 '+ PM .ti a PM - iwrw.r. e Hampton Connection URS Project No. 38941593 `� t �• ems+ , .. � • Baal!• 1 Y y A '1r J o a f f a y M M !tw ' �' M e Yom► .�* , r Ch fns. If 1 , .Mi I ♦` t •p COUNTY Mecklenburg •� t L l Rocky Watershed • ' HUC - 03040105 w E r 1 'f t S ..•••" .. S t . �•-w- »., 4 r' Figure 1 1 y ! �.�. ,, .`' Project Location Miles +Sources: Esri. HERE, DeL'omle, USGS.; In ermap, +ncrem t Corp., N13.04N, Esri 0 5 10 Japan, METI, Esri China (Hong Kong)*, Esri (Thailan' ,!TomTom, Mapmylndia, © June 2015 p NAD83 UTM 17N �- QpenStreetMap contributors, and the GIS ulpe om Wnity This map is for referenceonk . s .fir �' � � ••f ••�� 47 .. i. It I Project location ti ,f: 4 r ti t s a i , f At f ILI y l • R �� •' o ` .41 �► A,� /�! - � • ` Feet' � ✓ '„ L.1 � � p��p[°[pp7��I��J���• D //��o��'-{,v((' o c ' of o � o - o • o o . o �y / �ya1',\'' � n °ry1I�.�o �1 • r �� l:Jl.l!:(/� 04i`LSCvp . 0 0 0 0 00 0 0 0 �j�IIU�l:.�}��l 500 1.000 , rte. 4 lip a ? M� �r Protect location 0 �' * 35.350256, - 80.787221 ; r f•�ff� f,1 rf f -�1 a f�1 Clark's Creek Greenway Hampton Connection URS Project No. 38941593 Disturbance limits �r COUNTY = Mecklenburg Rocky Watershed HUC - 03040105 Figure 3 USGS Topo Map June 2015 NAD83 UTM 17N This map is for reference only. Feet 0 500 1,000 -�1 a f�1 Clark's Creek Greenway Hampton Connection URS Project No. 38941593 Disturbance limits �r COUNTY = Mecklenburg Rocky Watershed HUC - 03040105 Figure 3 USGS Topo Map June 2015 NAD83 UTM 17N This map is for reference only. . . 4r t , i- SA-11A • SA-11 SA-10A • SA-10 • SA-9A SA-9 • • low SA-8 SA-8A • SA-7A-EA-6 EA-5 E SA-7 SA-6A % - EA -4 E SA-6 SA-5 SA-5A SA-4 SA-4A SA-3 SA-73,A • SA-2 SA-2A • SA -1 • SA-IA ft D;Dl&bA. ft@%rA Eat" fteowg mm ommm m = Q & ma, A E r, Q m wp. I a A a o D W. 0 Q P% Mb 000 WA ft Q R Lf I P w Photos Clark's Creek Greenway - Hampton Connection Stream SA: View looking south at Clark's Creek. Channel EA: View looking east at ephemeral rip -rap lined drainage channel. Photographs of WOOS Delineation Stream SA: View looking north at Clark's Creek. Channel EA: View looking east showing culverts under existing greenway that drain the ephemeral channel. Mecklenburg County Parks and Recreation Mecklenburg County, North Carolina Property Owners Property Owners List PIN Name 1 Name 2 Mailing Address Deed Book Deed Page 02760117 McMahan, Kevin 12305 Lookout Point Dr Charlotte NC 27269 28773 391 02760116 Taylor, Necolia McBride, Mackie 12304 Lookout Point Dr Charlotte NC 28269 27811 282 02710389 Mecklenburg County 600 East 4th St 11th Floor Charlotte NC 28202 29372 90 02743197 Mecklenburg County C/O Real Estate /Finance Dept 600 East 4th St 11th Floor Charlotte NC 28202 06755 222 Clark's Creek Greenway Hampton Connector Page 1 of 1