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Home My WebLink About20071869 Ver 1_401 Application_20071107~' 1 1 Corps Submittal Cover Sheet Please provide the following info: 1. Project Name: Mirabella 2. Name of Property Owner/Applicant: McCar Homes (Ron Willing 3. Name of Consultant/Agent: Tamp Bandv, WNR *Agent authorization attached. 4. Related/Previous Action ID number(s): 5. Site Address: Lawther Road 6. Subdivision Name: Mirabella 7. City: Huntersville 8. County: Mecklenburg 9. Lat: 35.4076 ° N Long:: 80.81 15 ° W 10. Quadrangle Name: Cornelius I I . Waterway: South Prom Clarke Creek 12. Watershed: Rocky 03040105 13. Requested Action: ® Nationwide Permit # 29 ^ General Permit # ^ Jurisdictional Determination Request ^ Pre-Application Request The following information will be completed by Corps office: AID: Prepare File Folder Assign number in ORM Authorization: Section 10 Project Description /Nature of Activity /Project Purpose: ,l f ~'~ Li ~.I „f..,_.~ ~- ~~~,.~.~I _~ ~., q ~ -_- ~: X69 ~~"~~~ ~~~ ~.~ r, ~~l ~~l ~Iv ~ "1~G~7 ~IE'TI,AN08 A~YD STQR~+}'~A„wR IJftAPlCN iy Section 404 Begin Date Site/Waters Name: Keywords: ~11N~ 0~_,86s <x :. *~ Wetland and Natural Resource '°~.~'• ~~~ Consultants, Inc. ., ~,"~, October 30, 2007 US ACE, Asheville Regulatory Field Office Attn: Mr. Steve Chapin 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Re: McCnr Homes - Mirabella Site Mecklenburg County, North Carolina Nationwide Permit 29 Request Dear Mr. Chapin: ~1`i ~ 3 ZIj07 ~Ykl'ItWD~ ~~~ St`~i~~z"!At' i~f~NCH The purpose of this correspondence is to request a Nationwide Permit 29 be issued for the above referenced project. Three road crossings and the extension of an existing storm outfall structure will account for the total impacts of 514' linear feet of stream. These impacts occur to intermittent stream channels. Alan Johnson, with NC DWQ, met with us onsite July 12, 2007 to determine whether the streams would be considered "important" or not. Based on Mr. Johnson's determinations, only 77 linear feet of stream impacts will occur to intermittent important streams. The remaining 437 linear feet of stream impacts will occur to intermittent unimportant streams. An additional road crossing will be bridged to avoid impacting the South Prong Clarke Creek. The attached impact maps reveal the entire site plan and individual impact areas. Crossing details are also included that show the pipes buried approximately one foot below the streambed to allow for the passage of aquatic life. No wetland impacts are proposed for the construction of this project. The stormwater controls to be implemented will comply with the Town of Huntersville's local requirements. The Town of Huntersville will approve the site's stormwater management plan. Contact information for the stormwater review is included under the stormwater section in the PCN. These stormwater controls are anticipated to be constructed and operational before any permanent building or other structure is occupied on the site. Newton Office Canton Office PO Box 224 wnrinc.com PO Box 882 Newton, NC 28658 Canton, NC 28716 828-465-3035 828-648-8801 828-465-3050 Fax 1 828-648-8802 Fax r Avoidance and minimization efforts~onsite should suffice for mitigation. Two of the stream crossings (Crossing #1 and #3) will be placed in areas with existing crossings in order to minimize impacts. In addition, the remaining stream reaches on site will be left undisturbed. The majority of these remaining stream reaches will be placed in common open space. The limits of jurisdiction were previously reviewed and approved in the field by Amanda Jones and Alan Johnson. Agent authorization, usgs, soil survey, JD form, aerial photograph, and site vicinity map are attached for your review. . Your prompt consideration of this permit application is appreciated. Feel free to call with any questions that you may have. Best regards, c'~ Tamp Bandy Phone: 828-302-3437 Cc: (Copy of Entire Application Including Full-sized Maps) NCDWQ Attn: Ms. Cyndi Karoly 2321 Crabtree Blvd., Suite 250 Raleigh, NC 27604-2260 NCDWQ Attn: Mr. Alan Johnson 610 East Center Avenue, Suite 301 Mooresvi Ile, NC 28115 Newton Office PO Box 224 Newton, NC 28658 828-465-3035 828-465-3050 Fax Clyde Office wnrinc.com 217 Paragon Parkway, # 142 Clyde, NC 28721 828-627-0051 2 828-627-0052 Fax ~~ Netlartd and Natural Resource ~" •~ r~ .:• Consultants tot;. S:.`~•,~.:,';. ~rYr Uopxrtmen: of the Army Ybiimington Disrrlct, Corps of Engineers Attn: Ken Jolly. Chief Regulatory Division PO Box i 890 Witrnington, North Caro~ins, Z$402-1890 -and- -~IC Division a# Water Quality, Wetlands Un't Atm: Cyndi Karofy 2.:32 i ~j~r~ 13ivd_ RaJe:gh, North Carolina, 276lJA-2260 I. the current landowner of tl-e property idQnttfiod balow, he~-cby aut!~gr~ze `J'/er.:ard and Natural Rgsourc2 Consultants, Inc to act on my behalf as my agent during the determinattnn of regt,laned limits of waters and wetlands and processing of ppr•nits to impact Wetlands and Waters of dzc US that are r-gulxted by thr~ Clean Watar Act and the iZivers and Harbor Act. Federal and StaCe agent; are authorised to he a~ said property ~nheri accompzrt~ed ~~y Weti2nd and Natural Rescsurce Consultants. Inc. staff- 'Nedand and Natural RasourcE Consultans, Inc. is a,:thor•ized to provide supplemental informat.ian needed for permit processin5 at tie request of the Corps or CWQ, Property Owns" I Applicant ~~ ~ ~ ~ C~ l l U ~~ ~ ~ Contact Name: 4'~~~Yl 1~~ 11~ 1 ~I r'1 ~ 44` ~ Street Address / ?G Sox: + ~}' ~!1 ~ti~ U 11LtrG~~~•4{,~ ~ r~. ~~J ~ ~J~ ,i _ City, State. Lip Cade: f 'rY,t~Y r~ 1~ <' i ,~~j ~ ~ur~ ~o ~ -- Phone ;Fax Number: -; (:i`"~' ci Q g - Cj 1 ~_~ ~ ' ^' a/L~ ~ JC.' i^~ i ~ J l ' Project Name: ~1 ti('(,l~(' ~ ~ cry ppi Property Street Addres9: L Qy~1't'~E ,r- ~1~0 Q~ (street address, city: State, zipr ~ f ~ ~ Qwners 1 A Ilcant St nature' < o/K ~ ~ ~~~. Date: Newton GryKe tJrde OP?ce PO Box Z24 wnrinc.com PO tiex 883 Newton, NC 2865$ Cara~n, NC 28i I b 828.465.3035 873-648.890E 828.465-30154 Fax I c228-648.9802 Fax 0 7- 1 8 6 9 Off1Ce Use Only: Form version March 05 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10. Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 29 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management. Area of Environmental Concern (see the top of page 2 for further details), check here: ^ „~~ ~.~ ~.~.~ €. {- C 1 ,1 tom' ~' II. Applicant Information ~ 1. Owner/Applicant [nformation ~l~lti ~ «~~ Name: See attached went authorization •~ r~~; ~~~~'~ ~ , , ~:,.~1~' Mailing Address: WE1`i1iNp9 bdesq 51"r,~`~~ vA ~e~? `3rtANGH Telephone Number: Fax Number: E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Tamp Bandy Company Affiliation: Wetland and Natural Resource Consultants Mailing Address: PO Box 224 I 1 South.Colle~e Avenue Newton, NC 28658 Telephone Number: 828-302-3437 Fax Number: 828-465-3050 E-mail Address: wnrinc(a~aol.com III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property Page 1 of 8 r boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Mirabella 2. T.LP. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 01922101. 019221 I6 4. Location County: Mecklenburg Nearest Town: Huntersville Subdivision name (include phase/lot number): Mirabella Phase II Directions to site (include road numbers/names, landmarks, etc.): From Huntersville, head south on Old Statesville Road. Turn left on Huntersville-Concord Road. The site will be on the right just before Lawther Road and Asbury Chapel Road on the riPht. S. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.4076°N 80.81 1 S°W 6. Property size (acres): 164.25 acres 7. Name of nearest receiving body of water: South Prong Clarke Creek 8. River Basin: Yadkin-Pee Dee (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site is approximately 70% forested and 30% open fields. The surrounding,_parcels consist of some residential development and some lame forested tra~te Describe the overall project in detail, including the type of equipment to be used: The project involves the construction of roads and the extension of a storm outfall for a housing development. Typical grading/excavating equipment will be used. Page 2 of 8 Explain the purpose of the proposed work: The project will provide the necessary road infrastructure and storm outfall structure for a housing subdivision. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. The limits of jurisdiction were previously reviewed and approved in the field by Amanda Jones and Alan Johnson. Alan Johnson met with us on site July 12, 2007 to make stream "importance" calls. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justilication for the exclusion of this work from the current application. N/A VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Provide a written description of the proposed impacts: Three road crossinPs and the extension of one storm outfall will account for 514 linear feet of stream impacts. An additional road crossing will be bridged. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list imnacts due t~ h~th structure and floodinu. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Floodplain Nearest Stream Impact (acres) (indicate on map) herbaceous, bog, etc.) (yes/no) (linear feet) Page 3 of 8 N/A Total Wetland Impact (acres) 2. List the total acreage (estimated) of all existing wetlands on the property: 3. Individually list. all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acrea~e_ multiply length X wi~Ith the„ rl;v;~le by 4; Sin Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial or ~ Intermittent. Average Stream Width Before Im act Impact Length (linear feet) Area of Impact (acres) Stream Impact I UT S Pr Clarke Cr road crossing int. unimp. ? 132 0.006 Stream Impact 2 U"r S Pr Clarke Cr road crossing int. unimp. 2 142 0.007 Stream Impact 3 UT S Pr Clarke Cr road crossing int important ~ 77 0.005 int unimp. 3 78 0.005 Stream Impact 4 UT S Pr Clarke Cr Storm outfall int. unimp. 2 85 0.004 Bridge S Prong Clarke Cr Bridge Perennial - - - Total Stream Impact (by length and acreage) Important 77 0.005 Unimportant 437 0.022 Total 514 0.027 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dred~in~. flooding. draina~e_ bulkheads_ etc_ Open Water Impact Site Number (indicate on map) Name of Waterbody (if applicable) T e of Im act yp p Type of Waterbody lake, ond, estua ( P ry, sound, bay, ocean, etc.) Area of Impact (acres) N/A Page 4 of 8 Total Open Water Impact (acres) 5. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): Important 0.005 Unimportant 0.022 Total 0.027 Wetland Impact (acres): tv/a Open Water Impact (acres): N/A Total Impact to Waters of the U.S. (acres) 0.027 Total Stream Impact (linear feet): Important 77 Unimportant 437 Total 514 6. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. N/A 7. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included. above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The impacts are necessary to access the entire nrooertv and to allow for the most practical road layout without further impacts to the streams. The storm outfall extension impacts are necessary to allow for the proper release of stormwater on the site. All of the impacts occur to intermittent stream channels. Only 77 linear feet of impact occurs to intermittent important stream. South Prong Clarke Creek will be bridged to avoid impacts to this stream. No wetland impacts are necessary. Page 5 of 8 VIII. Mitigation DWQ - In accordance with 15A NCAC 2H ..0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. South Prom Clarke Creek will be bridled to avoid further impacts. All of the remaining; stream reaches on site will be left undisturbed. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Page 6 of 8 Amount of Riparian wetland mitigation requested (acres): N/A Amount ofNon-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. X. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ^ No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether aNEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ^ 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ Proposed [mpacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 1 SA NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify N/A)? Yes ^ No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact Multiplier Required (s uare feet) Miti ation 1 NSA 3 (2 for Catawba) N/A 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone (. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Page 7 of 8 Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. N/A XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss Stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Onsite stormwater management will comply with the Town of Huntersville stormwater regulations. The Town of Huntersville will approve all Stormwater management measures for the site. The contact for Huntersville's Planning Department to approve the Mans is Whitne~ges (704-766-2212). XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project. or available capacity of the subject facility. Existing sanitary sewer will be utilized. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: No, the impacts will only serve to access this property and to extend an existing storm outfall on this property. No offsite sewer lines. etc. will be constructed. Sewer lines will simply tie into the already existing line on the site. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules. for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). N/A ~ ~ ~ c Z ~' O 7 Applicant/Agent's Signatu Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 MapQuest: Maps ~~Q~~fi 13750 Huntersville Concord Rd Huntersville NC 28078-6257 US Notes: Only text visible within note field will print. '', d,;" ,~~` ~_ Page 1 of 1 Send rna~s anti ~lir~ck:cns tc~ ~~~~our nic1V~ "°e pttclne Try it Ncrw! ~+4t~'d~U'S~fi' M+jSfIE JRdu+°r J7un 4~4pdJf1 CC}` ~~. Cf1rb 4 160 m 480 ft ~°n ~~ C A! ~ /y, .~ 1i ~ ~ Y :F1 ~Cj~ 4 '+" mi 2017 t.'a~Gu=^5t Irc. _ . _-.. ~~ 2DitlhEx.V.IEQ All rights reserved. Use Subject to License[Copyright This map is informational only. No representation is made or warranty given as to its content. User assumes all risk of use. MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use. http://www.mapquest.com/maps/print.adp?mapdata=UAm0U3b9NY0GJMvQ7JQEmOrQk... 7/ 19/2007 MapQuest: Maps .. ~ _..' 13750 Huntersville Concord Rd Huntersville NC 28078-6257 US Notes: Only text visible within note field will print. i I _i Pk4 ~'62~}, s7 3 s ti57 1;~ Si`'kt rtr'~ a!• 4 ~ "~ i_ ~ ' {, ,~ r, ,. } ,., -}` ,: ;5 Mks Ftd a ~dn,~te C:4^~urcr~ ktcl f"5 ~~ (~ijry d~,Fi ~~ *fJ fj r~,,~`rF! 3~~ ~r C~ ~~ ~ijl r~a.~y ~~ ~ij~~~r"fFtil rYf1 r. ~l~ij fNAV T(<Q All rights reserved. Use Subject to License/Copyright This map is informational only. No representation is made or warranty given as to its content. User assumes all risk of use. MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use. Page 1 of 1 Save Ink! Send n-raps and dineR cns tc ~;,~aur mcb e ptrcne Try i[ Now! lhrlt~,~'J;~ `fir i nni,ar~r= ~~O`' a ~ ~~ ~ 400 m 1200 ft •Slrl7 }1Untk'1:3"1141k'.. L.k1rLC4lTIa 5~.~ "~~~. ~t r m ~% - y,i .t C .~ ,~~ _~ ~ '~ Q http://www. mapquest.com/maps/print. adp?mapdata=UAm0U3b9NY0GJMvQ7JQEmOrQk... 7/19/2007 Mecklenburg County, NC POLARIS Page I of 1 http://polaris. mecklenburgcountync. gov/servlet/com.esri. esrimap.Esrimap?ServiceName=... 7/ 19/2007 7 z 80.833 333'W 80.816 666 ° W 80.800 000 ° W co �°•� ` __ } { c V t - • 1 •, / C0 Ott co 50 • w t, • r 1� � 1174 a ' yfr f 1 ..r .,. � - 7�B r �Y p _ ��J `_ i�-�•j, lit .�l x r , z a 7 to M� �i �l- / _•` r''`�.-� pry i • �1• _ 1 ''r _ 717 \+i �(�� ,�i' a i fi r ,,,:; aradtord a �n�tlr gists. - ,u '+t Fhr3hp; Z ys" 4,44it- z r LO v/ c> S •' Housv of Irrayer Ch• <f. 4 ! 68 3 ;.Olt r' / x� r ('h z M r- ; a ! 1/ a a ;v� 07 Ch L FSO + L c) i } W _ t _�l,i r ' Cl) M .. pp 80.8333333 ° W 80.Ci 8168666 ° W 80.8000000 ° W Name: CORNELIUS Location: 035.4076167'N 080.8115154° W Date: 7/19/2007 Caption: McCar Homes - Mirabella Scale: 1 inch equals 2000 feet McCar Homes: Mirabella -Soil Survey Soil Legend CeB2 -Cecil sandy clay loam, 2 to 8 percent slopes CeD2 -Cecil sandy clay loam, 8 to 15 percent slopes, eroded EnB -Enon sandy loam, 2 to 8 percent slopes EnD -Enon sandy loam, 8 to 15 percent slopes HeB -Helena sandy loam, 2 to 8 percent slopes MO - Monocan loam PaE - Pacolet sandy loam, 15 to 25 percent slopes WkD -Wilkes loam, 8 to 15 percent slopes WkE -Wilkes loam, 15 to 25 percent slopes WkF -Wilkes loam, 25 to 45 percent slopes APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: State:North Carolina County/parish/borough: Mecklenburg City: Huntersville Center coordinates of site (latJlong in degree decimal format): Lat. 35.4085° N, Long. 80.8082° W. Universal Transverse Mercator: 17 OS 17 406E 39 18 358 N Name of nearest waterbody: South Prong Clarke Creek Name of nearest Traditional Navigable Water (TNW) ln[o which the aquatic resource tows: Rocky River at intersection w/ Mallard Crk Name of watershed or Hydrologic Unit Code (HUC): 03040105 (Rocky) ^ Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. ^ Check if other sites (e.g.. offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ^ Office (Desk) Determination. Date: ^ Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Are np "navi~>ahle waterti~ o_j-the U.S." within Rivers and I larbors Act (Rl ln)jurisdiction (as defined by 33 CFR part 329) in the review area [Requirecl~ ^ Waters sub_jcct to the ebb and flow of the tide. ^ Waters arc presently used, or have been used in the past. or may be suxcptiblc I~x use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters of the U..S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area [Requirecf~ 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): ' ^ TNWs, including territorial seas ^ Wetlands adjacent to TNWs ® Relatively permanent waters' (RPWs) that tlow directly or indirectly into TNWs ^ Non-RPWs that tlow directly or indirectly into TNWs ^ Wetlands directly abutting RPWs that Clow directly or indirectly into TNWs ^ Wetlands adjacent to but not directly abutting RPWs that tlow directly or indirectly into TNWs ^ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ^ Impoundments ofjurisdictional waters ^ Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non-wetland waters: 1400 linear feet: 3 width (ft) and/or 0.096 acres. Wetlands: acres. c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual Elevation of established OHWM (if known): 2. Non-regulated waterslwetlands (check if applicable):3 ^ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: ' Boxes checked below shall be supported by completing the appropriate sections in Section III below. Z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e. g., typically 3 months). ' Supporting documentation is presented in Section IILF. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.I. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERISTICS OFTRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section IILD.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody' is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III. B.1 for the tributary, Section II1.B.2 for any onsite wetlands, and Section III. B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.C below. I. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 1420 square miles Drainage area: 52 acres Average annual rainfall: 42.81 inches Average annual snowfall: 6.4 inches (ii) Physical Characteristics: (a) Relationship with TNW: ^ Tributary flows directly into TNW. ® Tributary flows through 2 tributaries before entering TNW. Project waters are 15-20 river miles from TNW. Project waters are Pick List river miles from RPW. Project waters are 10-15 aerial (straight) miles from TNW. Project waters are PckLsf aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: No. Identify flow route to TNWS: Tributary flows to South Prong Clarke Creek which flows to Clarke Creek which flows to Rocky River. ' Note that the Instructional Guidebook contains additional information regazding swales, ditches, washes, and erosional features generally and in the arid West. s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to tlow into tributary b, which then flows into TNW. Tributary stream order, if known: (b) General Tributary Characteristics (check all that apply)• Tributary is: ®Natural ^ Artificial (man-made). Explain: ^ Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: 3 feet Average depth: I feet Average side slopes: 2:1. Primary tributary substrate composition (check all that apply): ® Silts ®Sands ^ Concrete ® Cobbles ^ Gravel ®Muck ^ Bedrock ^ Vegetation. Type/% cover: ^ Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks. Explain: somewhat eroding banks in places. Presence of run/riffle/pool complexes. Explain: none observed. Tributary geometry: Meandering Tributary gradient (approximate average slope): ~'% (c) Flow: Tributary provides tor: Seasonal flow Estimate average number of flow events in review area year: I1-20 Describe flow regime: Other intbrmation on duration and volume: Surface flow is: Discrete. Characteristics: No flow at the time of uur site evaluation during summer. Subsurficc flow: Unknown. Explain findings: No flow at the time ul~our site evaluaiton during summer. ^ Dyc (or other) test pertbrmed: Tributary has (check all that apply): ® Bed and banks ® OHWM° (check all indicators that apply): ^ clear, natural line impressed un the bank ^ ^ changes in the character oFsoil ^ ^ shelving ® vegetation matted down, bent, or absent ® leaf litter disturbed ur washed away ® sediment deposition ^ ^ water staining ^ ^ other (list): ^ Discontinuous OHWM.' Explain: the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted tlow events abrupt change in plant community If factors other than the OHWM were used to determine lateral extent of CWAjurisdiction (check all that apply): ^ High Tide Line indicated by: ^ Mean High Water Mark indicated by: ^ oil or scum line along shore objects ^ survey to available datum; ^ fine shell or debris deposits (foreshore) ^ physical markings; ^ physical markings/characteristics ^ vegetation lines/changes in vegetation types. ^ tidal gauges ^ other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: No flow observed at the time of uur site evaluation during summer. Identify specific pollutants, if known: ~A natural or man-made discontinuity in the OHWM does not necessarily severjurisdiction (e. g., where the stream temporarily tlows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's tlow regime (e. g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ® Riparian corridor. Characteristics (type. average width): +/- I50 feet wooded. ^ Wetland fringe. Characteristics: ^ Habitat for: ^ Federally Listed species. Explain findings: ^ Fish/spawn areas. Explain findings: ^ Other environmentally-sensitive species. Explain findings: ^ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explairi: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Pick List. Explain: Surface flow is: Pick List Characteristics: Subsurface flow: Pick List. I?xplain findings: ^ Dye (or other) test perti~rmed: (c) Wetland Adlaccncv Dctcrminaticm with Nc~n-"T'NW: ^ Directly abutting ^ Not directly abutting ^ Discrete wetland hydrologic connection. Explain ^ Ecological connection. Explain: ^ Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Pick List river miles from'fNW. Project waters are Pick List aerial (straight) miles from "1T1W. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List tkwdplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ^ Riparian buffer. Characteristics (type. average width): ^ Vegetation type/percent cover. Explain: ^ Habitat tor: ^ Federally Listed species. Explain endings: ^ Fish/spawn areas. Explain findings: ^ Other environmentally-sensitive species. Explain findings: ^ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pick List Approximately ( )acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TN Ws, or to reduce the amount of pollutants or flood waters reaching a TN W? • Does the tributary. in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spa++ning, or rearing young for species that arc present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have Uic capacity to transfer nutrients and organic carbon that support downstream loodwebs? • Does the tributary, in combination with its a~jaccnt wetlands (if any), have other relationships to the physical, chemical, or biological integrity ufthc ~1T1W'? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself; Dien go to Section IILD: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IILD: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IILD: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): I. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ^ TNWs: linear feet width (ft), Or, acres. Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. ^ Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: ® Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: No flow was observed during summer. Feature did possess good stream morphology, such as good bed and bank, recent alluvial deposits, substrate sorting, etc. It would t7ow during wetter months of the year. Provide estimates for jurisdictional waters in the review area (check all that apply): ® Tributary waters: 1400 linear feet 3 width (ft). ^ Other non-wetland waters: acres. Identify type(s) of waters: 3. Non-RPWss that flow directly or indirectly into TNWs. ^ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section IILC. Provide estimates forjurisdictional waters within the review area (check all that apply): ^ Tributary waters: linear feet width (ft). ^ Other non-wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ^ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ^ Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section IILD.2, above. Provide rationale indicating Chat wetland is directly abutting an RPW: ^ Wetlands directly abutting an RPW where tributaries typically Flow "seasonally." Provide data indicating that tributary is seasonal in Section IILIi and rationale in Section IILD.Z, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates forjurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ^ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they arc adjacent and with similarly situated adjacent wetlands, have a significant nexus with a "1'NW are jurisidictional. Data supporting this conclusion is provided at Section IILC. Provide acreage estimates forjurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ^ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TN W are jurisdictional. Data supporting this conclusion is provided a[ Section IILC. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of ajurisdictional tributary remains jurisdictional. ^ Demonstrate that impoundment was created from "waters of the U.S.," or ^ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or ^ Demonstrate that water is isolated with a nexus to ,commerce (see E below). E. ISOLATED jNNTERSTATE OR INTRA-STATE) WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):10 ^ which are or could be used by interstate or foreign travelers for recreational or other purposes. ^ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. which are or could be used for industrial purposes by industries in interstate commerce. Interstate isolated waters: Explain: ^ Other factors. Explain: xSee Footnote # 3. To complete the analysis refer to the key in Section 1[[.D.6 of the Instructional Guidebook. 1° Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): ^ Tributary waters: linear feet width (ft). ^ Other non-wetland waters: acres. Identify type(s) of waters: ^ Wetlands: acres. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ^ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. ^ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ^ Prior to the Jan 2001 Supreme Court decision in'`SW~INCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). ^ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: ^ Other: (explain, if not covered above): Provide acreage estimates for non-jurisdictional waters in the review area. where the sole potential basis ofjurisdiction is the MBR factors (i.e., presence of migratory birds. presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ^ Non-wetland waters (i.e.. rivers, streams): linear feet width (t3). ^ Lakes/ponds: acres. ^ Other non-wetland waters: acres. List type of aquatic resource: ^ Wetlands: acres. Provide acreage estimates tier non-jurisdictional water in the review area that do not meet the "Significant Nexus ~ standard, where such a finding is required Ibrjurisdiction (check all that apply): ^ Non-wetland waters (i.e., rivers, streams): linear Icet, width (Il). ^ Lakes/ponds: acres. ^ Other non-wetland waters: acres. List type ofayuatic resource: ^ Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply -checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultanCsite plan, impact maps. Data sheets prepared/submitted by or on behalf of the applicantlconsultant. ^ 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 Alas: ^ USGS NHD data. ^ USGS 8 and 12 digit E~UC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: l inch: 2000 feet, Cornelius. ® USDA Natural Resources Conservation Service Soil Survey. Citation:Mecklenburg County. ^ 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 ^ Other (Name & Date): Previous determination(s). File no. and date of response letter: Applicable/supporting case law: ^ Applicable/supporting scientific literature: Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: Channel was assessed to be an intermittent, seasonal relatively permanent water. ~, r~, _ ~ ~~ . ;: ; ,~,',,~' ,,, ,, ~ ~, ,;, -. ~~I,~~, ~ I ;,_ i ` ~ ' l \ ~. ~, li, .~ ~ ~ 1 .~ ,,~ ~\ A ~ ,I ~ '~l ~ ' ~1 1 1 1 ~ ; 1 1 ~ ~ 1 ~; 1 f 1 ! ~~ ~ 1 ~ ~ ~ 1 ~7 ! /i N ~I ~ I ' ~ ' ` ~ I ~ ~ ~~• ~ ~ 1 ~i ~ I ~ ~~ 1 1 ~ - - t _ ~~ _ n / JJJ ", _ 1 ~ ~ ~ I l i I 1 ' > y _~ s I 1 1 I ~ 11 I ~ 1`~'\ i' 1 ~ I 1 ~> ..1 ~ ~ ~1 ~ ~ .1 I~ 1 1~ .~ 1 ' ~ i / 1 , ~ ` 1 ~ ' 1~ 1 ~ ~ 1'1 - ~ ~1 1 1 . a ~ 1~~ ' 1 ~ _ 1 VI~ ~~. ~ jj '_ K 1 1 m ~ ~ . ~~ ' . 1 11 I ~ ~ 1 ~ 1~1 ~ 1 ~ ~.. . y' i~ i ~ 1 ~~~ ~..H~~ 1 '~~ ~ _ ~ --I 1 1 ~ ~i ~ \ 1 ~ ,~ l_ l ~ ~_ - _~_ ~ a / i,~~ ' ( ~ ~ . _Z~`-~ - - ~ ~ ~ ~ 1~ 1 1 II ~ 1 1 1 1 ,1~ V '~~ i"1 ~ y 1 1 t" ~~A ~~~ ~ 1 ~~~ ~~~~ ~~„ 1 1 1/ ' ~ ~~ ~~~\I~q~ 1 1 1 ~ \ 1 ~'~1 -~. 1 1 I ! ~t..~ !( ~ 1 m l I \I i i t ~'~~~ A~ 1 ~'~ '~ ~• 1 i 1\ 1 m 1 ~ ~ \ \ Q \ \ \ ,~~I ~\\ 1 i 1 I ~ ~ i`\ ~ \ ~i\` \ \ \ 1 ` ` -- 1 1 1 1 I D ~ ~. .r i y 1 1 l ' \ \ ` ~I~~l\~ ~ i ~ ~ ~ ~ CA ~ ~~ ` ~ ~ OaP ~ rs .'Q R 3; ;,1.3.'99 I ec ' ~•e.a~ ~3i,A I $ou ~o ~ R~- _ ea o'~~'. ....~w „~ •~•• ~ ~ 9(S17~M/MPA C~ MCCAR HOMfS cso ~.~~v,ow. ~ , ~.~ ,. .~ .~ .~ ro ~ E P ,• hlIRABELLA PHASE 2 cs zej sz ~'+~+ia. ~ rc 1 0! 1 9 _.. """ <Nna;on[. ~ ~ ~ ( ~ l ? ! EX1S71NG ~ 00 `, ~ ! ! ~j l I J ~ 6, STREAM ~ i ~ \6' ,t `1r~Jr,1' 1 ~~, cL ~,I ~ ~~ ', ,:- 1 t ,., _ _ ~.~~ ~ 1 \ J J ~J ~ ` ~, STREAM IMPACT: ~ , ,•~ , ~ ~ ! \ ~ \ ~~ \ ~ ` ,- _ ~'~'~, 26 LF OF STREAM'"'' '' '~ ( \ \ ~ \ _ _ 1 1 \ \ \ \ \ ~ -. i ~ `"_ - - . ~ 694 ~,__~_____-- -`- -----_ ~rn ` \ \ \ ~ ~ \ 7 l - ~ ~~--~~ ~ . \, \ 1 `,.\ \\ ~ \ \\ ~\ i I( ~~ ~ r 1 696 ~~' I r ~ .r--STREAM IMPACT `~`. ~`'• 1 S` .. ~\ •~. ~. ~ ` ~ I ~ ~ / J / i 106 LF OF STREAM ~ ~1 ~ 1 1 1 ` , 1 ` ~ G° 1 1 GR ~ EXISTING , ~, '~ 1 4 4 ~, ~ •~, 1 1 11 ~ I ~~ I f STREAM ~ ''~ `~ `\ r 1 1 ~ ~ ~' ! •' ~ I ~ 1 t 1' ~~ 60,E r~ 692 ~ I /~ ~ 1 ~ ~ ~ 1 ` •~ t ~ ~ `~ ,' u~ I Ego 1 ~ •' ` / ' ~ (,, 1 ~ ~ ~ ~, 1 i 1 1, % 1 J 688 t ~ ~ eJ tJ GRAPFiIG SCALE \ ~ ~ ~\ ' 30• 1 30' BO' \ ~ c9 ~ ~ \ \ '~ ' FsP n~~~r~m. r.n. \ \ O CAS ~ ~ \\ `'\ ~ ~,..°.K'N pa,r 3T \ sar wniun uM+. ( IN FEET) i\ \\ \, \~` ~ )\ ~ r.=. nanamrue • STREAM. IMPACT 1: ~ ~„~,. ;o q; !inch = 3o fk ~ ~ ~ ~ ~ ~~''~ 131 LF OF INTERMITTENT STREAM ••-~^~~~-~•,^•^ PROPOSED GRADE HEADWALL 690 EXlST1NG GRADE 680 670 VERTICAL SCALE ;~ ( IN ~ ~ 1;T ) `~ 1 inch = 6 fL 0 o ~ HORIZONTAL SCALE ~- 50' 0 25~ 50' , o' 0+00 ( IN FEET ) 1 inch = 54 tr 113 LF OF 48 ~ ~ CMP J~ `\ .\ >>~ HEADWALL ~~ 41 LF RIP--RAP ~n rn o rn ~ r•i rri ~ ~ m ~ m m r cD [D cp cD co {~. ~y~~ ~ ,,. ,. ,.,.., , ;fia ,;, STREAM IMPACT 1 ''~4~' ,~~ -.,, . _..,.°, T 32 LINEAR FEET OF INTERMlTTFNT STREAM 'j!~ ~ ° ~ ~ - -°~ ~ - '~. ,, ~ 1 \ / I EX/S71NG STREAM ~ \ \, ~ ~ I ~ ~ t ! ~ 1 '~L, ~ ~ ~ ~ ~ /~, I ~ ~ ~ \ •~ , X04' ' ~ k ` ~ ~ ~ \ ~ ~ \ /, / r ~~ ~ STREAM IMPACT: ~ ~ 6~ ~ ~~ ~ ~'~ ~` 142 LF OF STREAM ~ % ~ ~ ~ 6~ ~ ~ II f~ "' 1 .158 . spa ~ ~ ~ ~ ~ ~,_ ~ \ \ ~ ~ ~ I I ~ ~J \ ~ t` ` ` \ ~ 1` GRAPHIC SCALE , ! ~ \ ~ t ~ ` ~ ~ ~ ao• t ao' a ~~- ``• ~ EXISTING STREAM -~ \ ti ~ \ , ` ~' fSP AlHKlylcf. N.A. 1 CL \ ~\\ n ~ \ `1 ~ ~ ~ \ / nu~aucN~=n tnl AtIR h'C:11n~ ( IN FEET) 1, ` ~ ~ ~ ~\ ` STREAM IMPACT 2: ~ w aim 1 inch = 3Q i~ ~ ~ ,~ ` ` ~~~1 i42 LF OF JURISDI~ ONAL STREAM ..,..,~...~~,r,~.• i 68{ h 67( EX/ST7NG GRADE - 65{ VERTICAL; SCALE ~, ( IN FEET ) `" 1 inch = 5 ft 0 PROPOSED G RADE E ADWALL 90 ~ '`~ OF HEAD WALL 48" CMP _ ~~` /~ _ ~ / 37 L F R1P-F n o ~ ~ co 0 ~ ~ of w ~ ~ ~ in N w ~ HORIZONTAL SCALE 0+00 50' D 25' S0' 100' ' ~ (w FEt';T ) 1 inch = 50 It ~+00 2+OQ AP STREAM IMPACT 2 142 LINEAR FEET OF JURISDICTIONAL STREA y~4~' ...:. ~: _:~:::.... l ~ ~ fr ' ~ l `I /' S L / ` ; ` ~ 1 V h ~,- ' 1 l • \ n \ ~ ` i 1 ~ •~ 8 /I O f~ J ~ rl. 5 1 i ;~ ~' ~ ~ STREAM IMPACT l ~ ~ , ~~ ~° ~ ~ ~ , / it ~ / ~ 165 LF OF STREAM ~ ~I~~ l ~ ~ ' -.! / ~ (M1NUS 10 LF OF EXISTING PIPE) r` ~ d ~ ~ ~ '~ 1 ,~ ~ \ + t^ 1 , t~ t } ~~ , i ~ 195 ~ / N •~ i ,~~ ~, f ~ ~~,Ir ~ , ,}, ,, 19,E , i ~- ~_, , ~~ / ~•~ ~ r ~ ~ \ "~• ~ I ~ d i _ j~ 676~'i I ~ ~ ~ I ~ ! r ; ~'~ ~' / ~ / ~ l ~ ~ /l l J EXISTING STREAM , Ir ~~ j' ~ '~ l l f ~ CL ~ ~ r GRAPHIC SCALE / ~ ! ! ~ ~ ~ ` 30~ 1 ~ 3 ~ B ~ / I' I ~ FSP Ae..k~uin P.n. / ~ rn. w. env ,• STREAM IMPACT 3.• ""'"""~"`'"' ~ IN SET) ; ~ ~~ 165 LF OF JUR/SDlCTIONAL STREAM ""' "`"`~"` `""' ~w~~-a~au an 1 inch = 30 tt. ~ ~ -= ~ ` (MINUS f0 LF OF EX/ST1NG PIPE) „.:°n":~'~°;~. 68( HEADWALL 67i EXIS77NG GRADE ~ 66( VERTICAL SCALE ;~ ( IN FE1;T ) N ] inch = 5 ifr 0 HORIZONTAL SCALE so' o ss' sn' iao' ( IN FEET ) 1 inch = 50 ff_ ' PROPOSED GR ADE 91 ~~ HEADWALL ~. ~~ ~- .` ~ -- 54 LF RIf ~ o D Q ri p v tD ~ cD N ~ ~i tD p lD tD ~ (D ~-}- Ql) '-RAP ~ ~~0 165. L/NEAR FEET OF (MINUS STREAM IMPACT 3 JURISDICTIONAL STREAM 0 LF OF EXISTING PIPE) ~~ ~...,~ ~{~ e ~,, ~,. ~~ j ~ o ; ~ o -=~ w .) ~ ~ ~• h. / ',,,. Po~~~ ~ /~ L4Y ~ l 4 ~ ~ I /' / / 1 I r a p~ ~ ~ ' i r •~ i , ++ ,I q ~~ A .. I l i i~~ a / 4 ~ ~~ 4 '. 4 1`~1 ~ y, 44 _ 11I ~ ~ ' ., lit ~1 1' p ~.~ y4 / f ' t.yk ~~~~ //l . / " pJ ~ 2 n r r 4~. r . 4 4 / n / ~~ / ~ ~ ~ / i ~ ,/ ° I ~ _/\l~ / , ~ + Imo, i~ ~ i, ~ ~ ~ I ~ ~ ~~b ~.` i ,~ ~ ail i~ ,1:, / ;, ~ /Ill: ~ ~ \ ~I'' ~~' j~ ~ ~~ I, ~ ~~ ,- I ~ L• • r /~ / , . 1' ~ / ., / / I STREAM IMPACT 4: ~! ~ t , ~`~ i ' / 85 LF OF STREAM I O '"'' ~~ ,,;. / _ ' ~~ - a,; ~ ; , _ , ,: , , GRAPHIC SCALE ~ ~/ ~ f ^--- ~; l;tir~ ~ ~ -, r• ~ i ~ ' . STREAM IMPACT 4: {~ (I { '~ ` ~:;~: ~~;'. ;' .~ ~;;,' ~ ~, ,~ ~ 85 LF OF JURISDICTIONAL STREAM '~! } ~ `'"''""'~-'~"'"~ Photographs at Stream Impact I -Intermittent stream bed Impact 1 -mid culvert location Lower end of impact 1 Impact 1-lower Impact 1 -intermittent stream bed above existing culvert Photographs at Stream Impact 3 -Intermittent stream bed ~~ ..~„~, Impact 3 -intermittent /important, below existing culvert Impact 3 -intermittent /non-mitigatable reaches above existing culvert Photographs at Stream Impact -Intermittent stream bed Impact 2 location near center of proposed crossing Impact 2 -lower portion of proposed crossing Proposed location of conventional bridge (proposed 50 foot clear span) - No impact