HomeMy WebLinkAbout20240034 Ver 1_06_ChathamSt_PJD_Request_20230210_20240105urisdictional Determination Reauest
U5 Army Corps
of Engineers.
Wilmington District
This form is intended for use by anyone requesting a jurisdictional determination (JD) from the
U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting
information, as described within each category, with your request. You may submit your request
via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project
manager of the county in which the property is located. A current list of project managers by
assigned counties can be found on-line at:
http://www. saw.usace. army.mil/Missions/RegulatoryPermitPro gram/Contact/CountyLocator. as]2
by calling 910-251-4633, or by contacting any of the field offices listed below. Once your
request is received you will be contacted by a Corps project manager.
ASHEVILLE & CHARLOTTE REGULATORY
FIELD OFFICES
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
General Number: (828) 271-7980
Fax Number: (828) 281-8120
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
General Number: (919) 554-4884
Fax Number: (919) 562-0421
INSTRUCTIONS:
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
All requestors must complete Parts A, B, C, D, E, F and G.
NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part H.
NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that
all JD requests must include the current property owner authorization for the Corps to
proceed with the determination, which may include inspection of the property when
necessary. This form must be signed by the current property owner(s) or the owner(s)
authorized agent to be considered a complete request.
NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for
JD requests associated with North Carolina Department of Transportation (NCDOT)
projects will be conducted according to the current NCDOT/USACE protocols.
NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD
may not be valid for the wetland conservation provisions of the Food Security Act of
1985. If you or your tenant are USDA Program participants, or anticipate participation in
USDA programs, you should also request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
Version: May 2017 Page 1
Jurisdictional Determination Request
A. PARCEL INFORMATION
Street Address: N/A (Linear Transportation Proiect
City, State: Cary, NC
County: Wake County
Parcel Index Number(s) (PIN): N/A (Linear Transportation Project)
B. REQUESTOR INFORMATION
Name: Kimley-Horn; ATTN: Emma Radford, WPIT
Mailing Address: 421 Fayetteville Street, Suite 600
Raleigh, NC 27601
Telephone Number: (919) 677-2215
Electronic Mail Address: Emma.Radford@kimley-horn.com
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: Town of Cary; ATTN: Chelsea Stern
Mailing Address: 316 North Academy Street
Cary, NC 27513
Telephone Number: (919) 469-4030
Electronic Mail Address: Chelsea.Stern@townofcary.org
' Must provide completed Agent Authorization Form/Letter.
2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record).
Version: May 2017 Page 2
Jurisdictional Determination Request
D. PROPERTY ACCESS CERTIFICATION',4
By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duly authorized agent of the owner of record of the property.
Emma Radford, WPIT
Print Name
Capacity: ❑ Owner Z Authorized Agents
Date
Signature
E. REASON FOR JD REQUEST: (Check as many as applicable)
❑ I intend to construct/develop a projector perform activities on this parcel which would be
designed to avoid all aquatic resources.
❑ I intend to construct/develop a projector perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources under Corps authority.
❑✓ I intend to construct/develop a projector perform activities on this parcel which may
require authorization from the Corps, and the JD would be used to avoid and minimize
impacts to jurisdictional aquatic resources and as an initial step in a future permitting
process.
❑ I intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
❑ I intend to construct/develop a projector perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
❑ A Corps JD is required in order obtain my local/state authorization.
❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
❑ I believe that the site may be comprised entirely of dry land.
❑ Other:
s For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
a If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
s Must provide agent authorization form/letter signed by owner(s).
Version: May 2017 Page 3
Jurisdictional Determination Request
F. JURISDICTIONAL DETERNIINATION (JD) TYPE (Select One)
0 I am requesting that the Corps provide a preliminM JD for the property identified herein.
A Preliminary Jurisdictional Determination (PJD) provides an indication that there may
be "waters of the United States" or "navigable waters of the United States"on a property.
PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all
waters and wetlands on the property will be treated as if they are jurisdictional "waters of
the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is
"preliminary" in the sense that an approved JD can be requested at any time. PJDs do
not expire.
❑ I am requesting that the Corps provide an approved JD for the property identified herein.
An Approved Jurisdictional Determination (AJD) is a determination that
jurisdictional "waters of the United States" or "navigable waters of the United
States" are either present or absent on a site. An approved JD identifies the limits of
waters on a site determined to be jurisdictional under the Clean Water Act and/or
Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit
decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be
posted on the Corps website. A landowner, permit applicant, or other "affected
party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years
(subject to certain limited exceptions explained in Regulatory Guidance Letter 05-
02).
❑ I am unclear as to which JD I would like to request and require additional information
to inform my decision.
G. ALL REQUESTS
Map of Property or Project Area. This Map must clearly depict the boundaries of the
review area.
✓❑ Size of Property or Review Area 1 • 75 acres.
❑ The property boundary (or review area boundary) is clearly physically marked on the site.
Version: May 2017 Page 4
Jurisdictional Determination Request
H. REQUESTS FROM CONSULTANTS
Project Coordinates (Decimal Degrees): Latitude: 35.775169
Longitude:-78.801772
A legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than I Ix 17 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved).6
■ North Arrow
■ Graphical Scale
■ Boundary of Review Area
■ Date
■ Location of data points for each Wetland Determination Data Form or tributary
assessment reach.
For Approved Jurisdictional Determinations:
Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404
wetlands, etc. Please include the acreage of these features.
Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries,
impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary,
open water, relatively permanent water, pond, etc. Please include the acreage or linear
length of each of these features as appropriate.
Isolated waters, waters that lack a significant nexus to navigable waters, or non -
jurisdictional upland features should be identified as Non -Jurisdictional. Please
include a justification in the label regarding why the feature is non jurisdictional (i.e.
"Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage
or linear length of these features as appropriate.
For Preliminary Jurisdictional Determinations:
Wetland and non -wetland features should not be identified as Jurisdictional, 404,
Waters of the United States, or anything that implies jurisdiction. These features can be
identified as Potential Waters of the United States, Potential Non -wetland Waters of
the United States, wetland, stream, open water, etc. Please include the acreage and
linear length of these features as appropriate.
Completed Wetland Determination Data Forms for appropriate region
(at least one wetland and one upland form needs to be completed for each wetland type)
6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the
supplied map meets the necessary mapping standards. hM2://www.saw.usace.4rmy.mil/Missions/Regulatoly-Permit-
Pro gram/Jurisdiction/
Version: May 2017 Page 5
Jurisdictional Determination Request
Completed appropriate Jurisdictional Determination form
• PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the
Aquatic Resource Table
• AJDs• please complete an Approved Jurisdictional Determination Form'.
14 Vicinity Map
IZI Aerial Photograph
USGS Topographic Map
Soil Survey Map
Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
Landscape Photos (if taken)
NCSAM and/or NCWAM Assessment Forms and Rating Sheets
7 NC Division of Water Resources Stream Identification Forms
Other Assessment Forms
' www.saw.usace.army.mil/Portals/59/docs/regulatory/readocs/JD/RGL 08-02 App A Prelim JD Form fillable.pdf
8 Please see hM2://www.saw.usace.gM.mil/Missions/Re atory-Permit-Proaam/Jurisdiction/
Principal Purpose: The information that you provide will be used in evaluating your request to determine
whether there are any aquatic resources within the project area subject to federaljurisdictionunder the regulatory
authorities referenced above.
Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local
government agencies, and the public, and may be made available as part of a public notice as required by federal
law. Your name and property location where federal jurisdiction is to be determined will be included in the
approvedjurisdictional determination (AJD), which will be made available to the public on the District's website
and on the Headquarters USAGE website.
Disclosure: Submission of requested information is voluntary; however, if information is not provided, the
request for an AJD cannot be evaluated nor can an AJD be issued.
Version: May 2017 Page 6
Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD:
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Emma Radford,WPIT;421 Fayetteville Street, Suite 600, Raleigh, NC27601
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Wake City: Cary
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.775169 Long.:-78.801772
Universal Transverse Mercator: 17
Name of nearest waterbody: Swift Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Geographic authority
to which the aquatic
resource "may be"
subject (i.e., Section
404 or Section 10/404)
W1
35.774606
-78.802008
<0.01 acres
Wetland
Section 404
S1
35.771445
-78.803781
16 LF
Non -wetland (Stream)
Section 404
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in
the review area, and the requestor of this PJD is hereby advised of his or her option
to request and obtain an approved JD (AJD) for that review area based on an
informed decision after having discussed the various types of JDs and their
characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a
Nationwide General Permit (NWP) or other general permit verification requiring "pre -
construction notification" (PCN), or requests verification for a non -reporting NWP or
other general permit, and the permit applicant has not requested an AJD for the
activity, the permit applicant is hereby made aware that: (1) the permit applicant has
elected to seek a permit authorization based on a PJD, which does not make an
official determination of jurisdictional aquatic resources; (2) the applicant has the
option to request an AJD before accepting the terms and conditions of the permit
authorization, and that basing a permit authorization on an AJD could possibly result
in less compensatory mitigation being required or different special conditions; (3) the
applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can
accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has
determined to be necessary; (5) undertaking any activity in reliance upon the subject
permit authorization without requesting an AJD constitutes the applicant's acceptance
of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps permit
authorization based on a PJD constitutes agreement that all aquatic resources in the
review area affected in any way by that activity will be treated as jurisdictional, and
waives any challenge to such jurisdiction in any administrative or judicial compliance
or enforcement action, or in any administrative appeal or in any Federal court; and (7)
whether the applicant elects to use either an AJD or a PJD, the JD will be processed
as soon as practicable. Further, an AJD, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively
appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official
delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds
that there "may be" waters of the U.S. and/or that there "may be" navigable waters of
the U.S. on the subject review area, and identifies all aquatic features in the review
area that could be affected by the proposed activity, based on the following
information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
■❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:
0 Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
El
■❑ U.S
USGS NHD data.
USGS 8 and 12 digit HUC maps.
Geological Survey map(s). Cite scale & quad name: (1:24,000) Cary
■❑ Natural Resources Conservation Service Soil Survey. Citation: Wake County, 1970
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
■❑ Photographs: ■❑ Aerial (Name & Date): NC Statewide Orthoimagery, 2021
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later jurisdictional
determinations.
Signature and date of
Regulatory staff member
completing PJD
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.
DocuSign Envelope ID: D244B812-72DB-4069-AFE2-BBD87102E5AA
AGENT AUTHORIZATION FORM
Name: Chelsea Stern
Address: 316 N Academy St, Cary, NC 27513
Phone: 919-462-3829
Project Name/Description: Connecting Cary Sidewalks — West Chatham Street
Date: January 28, 2022
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
Field Office: Raleigh Regulatory Field Office
Re: Wetland Related Consulting and Permitting
To Whom It May Concern:
The Town of Car v hereby designates and authorizes Kimley-Horn and Associates, Inc. to act in my/our
behalf as my/our agent solely for the purpose of processing Jurisdictional Determinations, Section 404
permits/Section 401 Water Quality Certifications applications, and Neuse River Basin Riparian Buffer
Determinations, and to furnish upon request supplemental information in support of applications, etc.
from this day forward until successful completion of the permitting process or revocation by the owner.
In addition, 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.
Authorized this the 17 day of Janua
Chelsea Stern
Print Property Owner's Name
Cc: Shelton Sullivan
NC Division of Water Resources
401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1650
2023
DoeuSigned by:
CDctig� �St�ti
Property Owner's Signature
� � 1
Legend
O
Project Study Area
I
Town of �a��pert Dr
n�Wake County\ •
CASWELL I PERSON
GRANNIE
ALAMANCE
ORANGE
DURHAM
--;� WAKE
CHATHAM
NORTHAMPTON
VANCE WARREN
KE
HALIFAX
FRANKLIN
Ten
NASH
Project Location
JOHNSTON
Wake County
ina
vA
pnry
I ftli141 L
Marylan1 I
Delaware
LEE
HARNETT Georgia
MOORE WAYNE Atlantic Ocean
HOKE CUMBERLAND SAMPSON DUPLIN
Figure 1: Vicinity Map
Kimley > Horn Cary Connecting Sidewalks - W Chatham St
] Cary, Wake County, NC
January 2023
Legend
rq Project Study Area
Kimley >>) Horn
1
SAND
--
� Pf f
�� PAIMErr0 �.
Feet
0 300 600
Figure 2: USGS Topographic Map
Cary Connecting Sidewalks - W Chatham St
Cary, Wake County, NC
January 2023
�. Mr _ TryCt Q .y
PIP
6 A 1
yr.
Virginia
f�f�"may. ' y ". � � .'�� • --�y�� _ � •�' ` ':Y
.w•y Y•nt •�i •
L
Wi'
a°.
r K
Bohte <h v ��
r•` A.
JA �.
• � y: ti'
.-0 gee viFeet
' a
_ 4..s
1 200 400
Legend
.3 ,�, ,
•,�... � _ '� . 1' }41 Potentially Jurisdictional Streams
fg .
0": Potentially Jurisdictional Wetlands
�' i,Fr
G(
"e B2:,...
IGeC2`
� M
GeB2
Ge-.B2
-y
_ � 1
eCO
-... 14rB2
C2
car.,
G i� G
Legend.
r'r1 Project Study Area M Feet
0 300 600
Figure 4: NRCS Soil Survey Map
Kimley >>Morn Cary Connecting Sidewalks - W Chatham St
Cary, Wake County, NC
January 2023
North Carolina Division of Water Quality - Stream Identification Form, Version 4.11
Date: 1/10/2023
Project/Site: Connecting Cary Sidewalks
W Chatham St - Stream S1
Latitude: 35.771446
Evaluator: I=. Radford, WPIT & C. Vinter
County: Wake County
Longitude:-78.803782
(Kimley-Horn)
Total Points: 30.5
Stream Determination (circlene)
Other
Stream is at least intermittent
Ephemeral Intermitten erennial
e.g. Quad Name: Cary
if >_ 19 or perennial if >_ 30
A. Geomorphology Subtotal = 14.5
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: ex. riffle -pool, step -pool, ripple-
poolsequence
0
1
2
3
1
4. Particle size of stream substrate
0
1
2
3
2
5. Active/relic floodplain
0
1
2
3
2
6. Depositional bars or benches
0
1
2
3
2
7. Recent alluvial deposits
0
1
2
3
2
8. Headcuts
0
1
2
3
0
9. Grade control
0
0.5
1
1.5
0.5
10. Natural valley
0
0.5
1
1.5
1
11. Second or greater order channel
No = 0
Yes = 3
0
B. Hydrology Subtotal = 9
12. Presence of Baseflow
0
1
2
3
3
13. Iron oxidizing bacteria
0
1
2
3
0
14. Leaf litter
1.5
1
0.5
0
0.5
15. Sediment on plants or debris
0
0.5
1
1.5
1
16. Organic debris lines or piles
0
0.5
1
1.5
1.5
17. Soil -based evidence of high water table?
No = 0
Yes = 3
3
C. Biology Subtotal = 7
18. Fibrous roots in streambed
3
2
1
0
3
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
0.5
1
1.5
0
23. Crayfish
0
0.5
1
1.5
0
24. Amphibians
0
0.5
1
1.5
0
25. Algae
0
0.5
1
1.5
1
26. Wetland plants in streambed
FACW = 0.75; OBL
= 1.5; Other = 0
0
'perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Stream S1 is a perennial channel originating offsite and daylighting within the
study area at a culvert outlet under W Chatham Street. Stream S1 has recently
undergone culvert construction and riprap placement in and around the channel
below the culvert outlet. Stream S1 has continuous baseflow and weak in -
channel structure. The left bank is moderately incised, and the right bank has an
active floodplain. Algae and organic debris were observed in the channel.
U.S. Army Corps of Engineers OMB Control #: 0710-0024, Exp:1113012024
WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT:
See ERDC/EL TR-12-9; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a)
Project/Site: Connecting Cary Sidewalks - W Chatham St City/County: Cary/Wake County Sampling Date: 01/10/2023
Applicant/Owner: Town of Cary State: NC Sampling Point: W1-UP
Investigator(s): E. Radford, WPIT & C. Vinter (Kimley-Horn) Section, Township, Range: N/A
Landform (hillside, terrace, etc.): Hillslope Local relief (concave, convex, none): Convex Slope (%): 0-5%
Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.7747179 Long:-78.8020124 Datum: NAD83
Soil Map Unit Name: GeC - Georgeville Silt Loam NWI classification: None
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes 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:
The upland data point for wetland W1 was taken approximately 15 feet from and 3 feet higher in elevation than wetland W1 on an adjacent roadside
hillslope.
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
—Surface Soil Cracks (136)
—Surface Water (Al)
_True Aquatic Plants (B14)
—Sparsely Vegetated Concave Surface (138)
_ High Water Table (A2)
—Hydrogen Sulfide Odor (Cl)
—Drainage Patterns (1310)
—Saturation (A3)
_Oxidized Rhizospheres on Living Roots (C3)
—Moss Trim Lines (1316)
—Water Marks (131)
—Presence of Reduced Iron (C4)
_ Dry -Season Water Table (C2)
_Sediment Deposits (132)
_Recent Iron Reduction in Tilled Soils (C6)
_Crayfish Burrows (C8)
_ Drift Deposits (133)
_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 (135)
_Geomorphic Position (D2)
_ Inundation Visible on Aerial Imagery (137)
_ Shallow Aquitard (D3)
—Water-Stained Leaves (139)
_ Microtopographic Relief (D4)
Aquatic Fauna (1313)
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 capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
No primary or secondary hydrology indicators were observed.
ENG FORM 6116-4, JUL 2018 Eastern Mountains and Piedmont — Version 2.0
VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: W1-UP
Tree Stratum (Plot size: 30
1.
2.
3.
4.
5.
6.
7.
50% of total cover:
Sapling/Shrub Stratum (Plot size: 30 )
1. Ligustrum sinense
2. Rubus argutus
3.
4.
5.
6.
7.
8.
9.
15 =Total Cover
50% of total cover: 8 20% of total cover:
Absolute Dominant Indicator
% Cover Species? Status Dominance Test worksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC:
Total Number of Dominant
Species Across All Strata:
Percent of Dominant Species
That Are OBL, FACW, or FAC:
_=Total Cover
20% of total cover:
10 Yes
5 Yes
FACU
FACU
3
Herb Stratum (Plot size: 30 )
1. Ranunculus abortivus 40 Yes FACW
2. Cirsium vulgare 20 Yes FACU
3. Festuca spp. 20 Yes
4.
5.
6.
7.
8.
9.
10.
is
50% of total cover: 4(
Woody Vine Stratum (Plot size: 30 )
1.
2.
3.
4.
5.
80 =Total Cover
20% of total cover: 16
--Total Cover
50% of total cover: 20% of total cover:
Remarks: (Include photo numbers here or on a separate sheet.)
No tree or woody vine stratums were observed.
1 (A)
5 (B)
20.0% (A/B)
Total % Cover of: Multiply by:
OBL species 0 x 1 = 0
FACW species 40 x 2 = 80
FAC species 0 x 3 = 0
FACU species 35 x 4 = 140
UPL species 0 x 5 = 0
Column Totals: 75 (A) 220 (B)
Prevalence Index = B/A = 2.93
Hydrophytic Vegetation Indicators:
_ 1 - Rapid Test for Hydrophytic Vegetation
_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 Four Vegetation Strata:
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
more in diameter at breast height (DBH), regardless of
height.
Sapling/Shrub -Woody plants, excluding vines, less
than 3 in. DBH and greater than or equal to 3.28 ft (1
m) tall.
Herb -All herbaceous (non -woody) plants, regardless
of size, and woody plants less than 3.28 ft tall.
Woody Vine - All woody vines greater than 3.28 ft in
height.
Hydrophytic
Vegetation
Present? Yes No X
ENG FORM 6116-4, JUL 2018 Eastern Mountains and Piedmont - Version 2.0
SOIL
Sampling Point: W1-UP
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) % Types Loc2 Texture Remarks
0-1 7.5YR 3/1 100 Loamy/Clayey
1-18 5YR 4/4 100
Loamy/Clayey
roadside fill observed
Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators:
Indicators for Problematic Hydric Soils3:
_ Histosol (Al)
_ Polyvalue Below Surface (S8) (MLRA 147, 148)
_ 2 cm Muck (A10) (MLRA 147)
_ Histic Epipedon (A2)
—Thin Dark Surface (S9) (MLRA 147, 148)
—Coast Prairie Redox (A16)
—Black Histic (A3)
_ Loamy Mucky Mineral (F1) (MLRA 136)
(MLRA 147, 148)
—Hydrogen Sulfide (A4)
_ Loamy Gleyed Matrix (F2)
—Piedmont Floodplain Soils (F19)
—Stratified Layers (A5)
_ Depleted Matrix (F3)
(MLRA 136, 147)
_ 2 cm Muck (A10) (LRR N)
_ Redox Dark Surface (F6)
—Red Parent Material (F21)
_ Depleted Below Dark Surface (A11)
_ Depleted Dark Surface (F7)
(outside MLRA 127, 147, 148)
_Thick Dark Surface (Al2)
_ Redox Depressions (F8)
_Very Shallow Dark Surface (F22)
_Sandy Mucky Mineral (S1)
_ Iron -Manganese Masses (F12) (LRR N,
_Other (Explain in Remarks)
—Sandy Gleyed Matrix (S4)
MLRA 136)
—Sandy Redox (S5)
_ Umbric Surface (F13) (MLRA 122, 136)
3Indicators of hydrophytic vegetation and
—Stripped Matrix (S6)
_ Piedmont Floodplain Soils (F19) (MLRA 148)
wetland hydrology must be present,
Dark Surface (S7)
Red Parent Material (F21) (MLRA 127, 147, 148)
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches): Hydric Soil Present? Yes No X
Remarks:
No surface water, saturation, or water table were observed within the soil profile.
ENG FORM 6116-4, JUL 2018 Eastern Mountains and Piedmont —Version 2.0
U.S. Army Corps of Engineers OMB Control #: 0710-0024, Exp:1113012024
WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT:
See ERDC/EL TR-12-9; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a)
Project/Site: Connecting Cary Sidewalks - W Chatham St City/County: Cary/Wake County Sampling Date: 01/10/2023
Applicant/Owner: Town of Cary State: NC Sampling Point: W1-WET
Investigator(s): E. Radford, WPIT & C. Vinter (Kimley-Horn) Section, Township, Range: N/A
Landform (hillside, terrace, etc.): Terrace/Depression Local relief (concave, convex, none): Concave Slope (%): 0-2%
Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.774606 Long:-78.802008 Datum: NAD83
Soil Map Unit Name: GeC - Georgeville Silt Loam NWI classification: None
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes X No within a Wetland? Yes X No
Wetland Hydrology Present? Yes X No
Remarks:
Wetland W1 is a small depressional wetlandlocated between W Chatham Street and multiple impervious parking lots. Wetland W1 drains into a
culvert inlet under W Chatham St.
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required; check all that apply)
_ Surface Soil Cracks (136)
X Surface Water (Al) _True
Aquatic Plants (1314)
_ Sparsely Vegetated Concave Surface (138)
_ High Water Table (A2) —Hydrogen
Sulfide Odor (Cl)
—Drainage Patterns (1310)
_Saturation (A3) _Oxidized
Rhizospheres on Living Roots (C3)
—Moss Trim Lines (1316)
—Water Marks (131) —Presence
of Reduced Iron (C4)
_ Dry -Season Water Table (C2)
_Sediment Deposits (132) _Recent
Iron Reduction in Tilled Soils (C6)
_Crayfish Burrows (C8)
X Drift Deposits (133) _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 (135)
_ Geomorphic Position (D2)
—Inundation Visible on Aerial Imagery (137)
—Shallow Aquitard (D3)
X Water -Stained Leaves (139)
_ Microtopographic Relief (D4)
Aquatic Fauna (1313)
FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes X No
Depth (inches):
Water Table Present? Yes No
X Depth (inches):
Saturation Present? Yes No
X 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:
No saturation, surface water, or water table were
observed at the data point; however, ponding was observed elsewhere within wetland W1. Hydrology
within wetland W1 is primarily driven by impervious runoff.
ENG FORM 6116-4, JUL 2018 Eastern Mountains and Piedmont —Version 2.0
VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: W1-WET
Tree Stratum (Plot size: 30 )
1. Acer rubrum
2. Liriodendron tulipifera
3. Salix nigra
4. Ulmus americana
5.
6.
7.
Absolute
Dominant
Indicator
% Cover
Species?
Status
5
Yes
FAC
5
Yes
FACU
5
Yes
OBL
5
Yes
FACW
20 =Total Cover
50% of total cover: 10 20% of total cover: 4
Sapling/Shrub Stratum (Plot size: 30 )
1. Ligustrum sinense 15 Yes FACU
2. Ilex opaca 5 Yes FACU
3.
4.
5.
6.
7.
8.
9.
20
=Total Cover
50% of total cover:
10
20% of total cover:
Herb Stratum (Plot size: 30 )
1.
Microstegium vimineum
20
Yes
2.
Chasmanthium nitidum
20
Yes
3.
Solidago bicolor
10
No
4.
Aster spp.
5
No
5.
6.
7.
8.
9.
10.
11.
55
=Total Cover
50% of total cover:
28
20% of total cover:
Woody Vine Stratum (Plot size: 30
)
1.
Smilax rotundifolia
10
Yes
2.
3.
4.
5.
4
FAC
FACW
UPL
ff
FAC
10 =Total Cover
50% of total cover: 5 20% of total cover: 2
Remarks: (Include photo numbers here or on a separate sheet.)
Dominance Test worksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC: 6 (A)
Total Number of Dominant
Species Across All Strata: 9 (B)
Percent of Dominant Species
That Are OBL, FACW, or FAC: 66.7% (A/B)
Prevalence Index worksheet:
Total % Cover of: Multiply by:
OBL species 5 x 1 = 5
FACW species 25 x 2 = 50
FAC species 35 x 3 = 105
FACU species 25 x 4 = 100
UPL species 10 x 5 = 50
Column Totals: 100 (A) 310 (B)
Prevalence Index = B/A = 3.10
Hydrophytic Vegetation Indicators:
_ 1 - Rapid Test for Hydrophytic Vegetation
X 2 - Dominance Test is >50%
3 - Prevalence Index is !2.0'
4 - Morphological Adaptations' (Provide supporting
data in Remarks or on a separate sheet)
Problematic Hydrophytic Vegetation' (Explain)
'Indicators of hydric soil and wetland hydrology must be
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
more in diameter at breast height (DBH), regardless of
height.
Sapling/Shrub - Woody plants, excluding vines, less
than 3 in. DBH and greater than or equal to 3.28 ft
(1 m) tall.
Herb - All herbaceous (non -woody) plants, regardless
of size, and woody plants less than 3.28 ft tall.
Woody Vine - All woody vines greater than 3.28 ft in
height.
Hydrophytic
Vegetation
Present? Yes X No
ENG FORM 6116-4, JUL 2018 Eastern Mountains and Piedmont -Version 2.0
SOIL Sampling Point: W1-WET
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) % Types Loc2
Texture Remarks
0-4 7.5YR 4/2 95
7.5YR 5/6 5 C M
Loamy/Clayey Prominent redox concentrations
4-8 2.5YR 5/2 70
7.5YR 5/6 30 C M
Loamy/Clayey Prominent redox concentrations
8-18 5G 7/2 35
7.5YR 5/8 30 C M
Loamy/Clayey Dense. Some fill material observed.
Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators.
Indicators for Problematic Hydric Soils3:
_ Histosol (Al)
_ Polyvalue Below Surface (S8) (MLRA 147, 148) _ 2 cm Muck (A10) (MLRA 147)
Histic Epipedon (A2)
_Thin Dark Surface (S9) (MLRA 147, 148)
_Coast Prairie Redox (A16)
—Black Histic (A3)
—Loamy Mucky Mineral (F1) (MLRA 136)
(MLRA 147, 148)
—Hydrogen Sulfide (A4)
—Loamy Gleyed Matrix (F2)
—Piedmont Floodplain Soils (F19)
—Stratified Layers (A5)
X Depleted Matrix (F3)
(MLRA 136, 147)
_ 2 cm Muck (A10) (LRR N)
_ Redox Dark Surface (F6)
—Red Parent Material (F21)
_ Depleted Below Dark Surface (A11)
_ Depleted Dark Surface (F7)
(outside MLRA 127, 147, 148)
_Thick Dark Surface (Al2)
_Redox Depressions (F8)
_Very Shallow Dark Surface (F22)
_Sandy Mucky Mineral (S1)
_Iron -Manganese Masses (F12) (LRR N,
_Other (Explain in Remarks)
Gleyed Matrix (S4)
MLRA 136)
—Sandy
—Sandy Redox (S5)
_ Umbric Surface (F13) (MLRA 122, 136)
3Indicators of hydrophytic vegetation and
—Stripped Matrix (S6)
_ Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present,
Dark Surface (S7)
Red Parent Material (F21) (MLRA 127, 147, 148) unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches):
Hydric Soil Present? Yes X No
Remarks:
No saturation, surface water, or water table were observed at the data point; however, ponding was observed elsewhere within wetland W1. Some
mottled fill and gleyed soil colors were observed starting at 8 inches below the soil surface. The soil matrix was split from 8-18 inches of depth with
soil colors of approximately 35% 5G 7/1 and 35% 5G 7/2.
ENG FORM 6116-4, JUL 2018 Eastern Mountains and Piedmont —Version 2.0