HomeMy WebLinkAbout20240358 Ver 1_JD-PCN Applic Oakboro Binder1_20240227www.MogMit.com MOGENSEN MITIGATION INC. I%M
MMI - Charlotte (704) 576-1111 ENVIRONMENTAL CONSULTING
MMI - Raleigh (919)556-8845 MOGENSENMITIGATION. INC
Jurisdictional Determination and Pre -Construction Notification Cover Letter
Oakboro West Stanly County Wastewater System Expansion
February 26, 2024
INTRODUCTION
On behalf of Stanly County Public Utilities, Mogensen Mitigation, Inc. (MMI) is submitting this Pre -Construction
Notification (PCN) package for the County's proposed wastewater treatment plant expansion and force main
system serving the Town of Oakboro and nearby communities in southwest Stanly County including Red Cross,
Locust, and Stanfield (Figure 1). The project and wastewater service area are in the Rocky River watershed (USGS
HUC # 03040105) in the Yadkin Pee Dee River basin.
The project will include 3.4 miles of new raw wastewater force main from the McCoy pump station in Oakboro
eastward to the existing WWTP site on Barbees Grove Rd, and 2.4 miles of treated effluent force main from the
WWTP site southeastward to the existing discharge point on Rocky River 300 feet upstream of the confluence
with Long Creek (Figure 2). The County is purchasing a portion of the agricultural land surrounding the existing
WWTP, and will expand the fenced area around the WWTP facilities from the existing 4 acres to 23 acres to
accommodate additional treatment and maintenance facilities. The expanded WWTP will have 2.5 million gallons
per day (MGD) treatment capacity. The force main lines are mostly routed along public roadways, and the off -
road segments are mostly within existing utility rights -of -way or agricultural lands.
The wastewater project is being funded in part by the US Department of Agriculture (USDA) Rural Development.
A National Environmental Policy Act (NEPA) Environmental Assessment (EA) for the project was prepared by The
Wooten Company engineers (Wooten), as required by USDA.
FIELD EVALUATION METHODS
Mogensen Mitigation, Inc. (MMI) environmental scientist Gerald Pottern surveyed the proposed construction
corridors for jurisdictional waters (streams, wetlands, and open waters) during August and September 2022 and
December 2023. Antecedent rainfall in the Oakboro area had been relatively low prior to all three field survey
periods. Potential wetlands were evaluated following the USACE Eastern Mountains and Piedmont Regional
Supplement (2012). Potential streams were evaluated following USACE guidance regarding Ordinary High Water
Mark indicators, and the NCDEQ Methodology for Identification of Intermittent and Perennial Streams (2010).
PROJECT AREA DESCRIPTION
Oakboro and the project area in southwestern Stanly County are within the Floyd Church geologic formation, a
part of the Carolina Slate Belt. Upland soils in the project area are predominantly Badin channery silt loam and
Goldston channery silt loam, with smaller patches of Hiwassee gravelly loam, Misenheimer channery silt loam,
and Tarrus channery silt loam (USDA Soil Survey, 1989). Floodplains along the small streams are generally narrow
and are mapped as Oakboro and Kirksey silt loam. Soils on the Rocky River floodplain are mapped as Congaree
fine sandy loam. None of the soil series mapped in the project area is classified as a hydric soil, although
unmapped hydric inclusions are possible.
Environmental Field Studies ■ Wetland & Stream Delineation ■ 404-401 Permits ■ Mitigation Plans & Banking
MOGENSEN MITIGATION INC.
Rocky River at the effluent discharge point, 7 miles southeast of Oakboro, is 180 feet wide and has a drainage
basin area (DBA) of approximately 760 square miles. Tributaries of Rocky River in the project area include Stony
Run which flows northeast into Big Bear Creek, and Horse Branch which flows northeast into Long Creek. The
largest of the tributaries in the project area is Horse Branch, with 1.4 square miles DBA where it crosses Barbees
Grove Rd southeast of the WWTP. All other streams in the project area have less than 1.0 square mile DBA.
JURISCDICTIONAL WATERS IN THE PROJECT AREA
Sixteen potential streams are mapped in or near the project corridors in the USDA Soil Survey (Figures 3A-B)
and/or the USGS topographic quadrangle map (Figures 4A-B). The mapped streams were evaluated using the DEQ
stream rating method, as summarized in Table 1. Rocky River is obviously perennial and was not rated. We also
searched for unmapped streams and did not find any in the project area. The potential streams evaluated are
also shown on Google Earth aerial imagery in Figures 5A-D.
Seven of the evaluated stream features are perennial or intermittent streams as determined by the DEQ method;
these are jurisdictional streams subject to Clean Water Act regulation. The remaining features were determined
to have ephemeral flow as determined by the DEQ method and are not jurisdictional waters. These include
ephemeral streams and non -stream swales or drainage ditches, pending ACE confirmation. Perennial and
intermittent streams are marked in blue and ephemeral channels are in green in Figures 5A-D.
We found no jurisdictional wetlands or jurisdictional open waters anywhere in the proposed project study area.
Soils were sampled in depressions and other low areas on floodplains adjacent to streams. All samples had high
soil chroma colors and/or lacked redoximorphic soil features that indicate hydric soils. No saturated soils were
encountered beyond the stream channel beds. The National Wetland Inventory (NWI) mapping shows only
streams and no wetlands along the project corridors, which supports this finding. The two farm ponds south of
the Oakboro WWTP have no influent streams or head seeps, and their outflowing streams are ephemeral. These
ponds appear to be diked impoundments in uplands and are not jurisdictional waters, pending ACE confirmation.
IMPACTS TO WATERS AND MITIGATION MEASURES
Ground disturbing activities will include forest clearing and grubbing as needed within the 20-foot wide LOD. For
the open -trench segments, trench widths will range from four to six feet, and average depth will be approximately
three feet below existing ground elevation. Impacts to jurisdictional waters will be in accordance with USACE
Nationwide Permit 58 conditions and an Erosion and Sedimentation Control Plan approved by the NC Division of
Energy, Mineral, and Land Resources.
Two of the seven perennial or intermittent streams (#1 and # 11) are beyond the proposed limits of construction
and will not be crossed or directly affected, as shown in the attached construction plan sheets prepared by The
Wooten Company Engineering. Silt fencing and erosion wattles in drainage ditches will be deployed to protect
adjacent waters.
At two perennial or intermittent stream crossings (#4 and # 8) the force main pipe to be replaced is within the
road shoulder fill beneath the existing culvert. The excavation and replacement work will not extend into the
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MOGENSEN MITIGATION. INC
MOGENSEN MITIGATION INC.
stream channel beyond the culvert and the stream will not directly affected. The adjacent streams will be
protected with silt fencing and erosion wattles in drainage ditches.
At stream crossing #12 (Horse Branch, perennial) the new 20-inch effluent force main will be installed by open
trench construction across the stream bed just beyond the road culvert outlet. The affected stream area is 25 ft
wide and 16 ft long, and will be stabilized with class-B riprap. Silt fencing and erosion wattles will be deployed to
minimize sedimentation.
At stream crossing #15 (Long Branch tributary, perennial) the effluent force main will be installed by open trench
construction across the stream bed 10 to 15 ft beyond the road culvert outlet. The affected stream area is 10 ft
wide and 25 ft long, and will be stabilized with class-B riprap. Silt fencing and erosion wattles will be deployed to
minimize sedimentation.
At ephemeral stream crossings (#2, #3, #5, #6, #7, #9, #13, #14) silt fencing and erosion wattles will be deployed
to protect downstream waters. The crossing at stream #13 includes a bore and jack pit for installing the force
main beneath the railroad located 60 ft west of the stream crossing. A temporary cofferdam and bypass pump will
be used if necessary to divert flow away from the temporary work pit.
At the effluent discharge on Rocky River (#16) the new 24-inch outfall will replace the existing 12-inch outfall on
the existing site, and the river bed around the outfall will be stabilized with class-B riprap. The affected river area
is approximately 6 by 6 feet, much of which is presently covered in riprap. The slope from the farm field on the
terrace at elevation 278 ft down to the river bed at 265 ft will be graded to 2:1 slope and stabilized with riprap
over filter fabric on a smooth foundation and keyed into soil at the top of the slope.
IMPACTS TO PROTECTED SPECIES
The U.S. Fish and Wildlife Service (FWS) Information for Planning and Consultation (IPaC) List, December 8, 2023,
lists five protected species known from Stanly County or nearby areas. Consultation with FWS was conducted
during the NEPA review process. The listed species and potential for impacts are discussed below:
The Tricolored bat (proposed E) may roost in forests along the project corridors and could be affected by forest
clearing. NC Natural Heritage Program (NHP) has no record of this species in Stanly County. The applicant and
their contractors will coordinate with FWS to schedule tree clearing during the fall and winter seasons (September
to March) to minimize potential impacts to Tricolored bats.
The two river mussel species listed, the Carolina heelsplitter (E) and the Atlantic pigtoe (T), are reported in Goose
Creek in northwestern Union County near the Stanly County border, about 20 miles upstream of the Oakboro
effluent discharge. Neither mussel has been found in any other Rocky River tributaries nor in the main stem
despite surveys by agencies and consulting biologists over the past three decades. The streams crossed by the
force mains are too small to provide suitable habitat for these species.
Schweinitz's sunflower (E) occurs in open -canopy mesic to dry woodlands and remnant Piedmont prairie
communities in the western Piedmont of NC and SC, which may include roadsides and utility rights -of -way. MMI
identified potential habitat patches along the project corridors in August 2022 and returned in September 2022 to
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MOGENSEN MITIGATION. INC
MOGENSEN MITIGATION INC.
search for this species, but did not find any. The revised effluent alignment along Horse Branch does not contain
suitable habitat.
Bald eagles (BGPA) in the Piedmont region roost and nest in tall trees near large rivers and lakes, including several
sites along the Pee Dee River and lakes in eastern Stanly County. NHP has no records of eagle nesting or roosting
sites in western Stanly County. The only potential eagle habitat in or near the project corridor is the effluent
discharge site on Rocky River. This is no evidence of eagles nesting or roosting in this area, and impacts to trees
along the riverbank will be minor.
The attached email letter from FWS (Byron Hampstead, Jan 5, 2024) provides his agency's concurrence that the
project is not likely to adversely affect any of the currently listed species, provided that the seasonal limitation on
tree clearing is observed.
ATTACHMENTS
ePCN Form (submitted via DEQ portal)
US -ACE JD Request Form + Appendix-2
Agent Authorization Form
Figure 1. Oakboro Wastewater Project Vicinity Map and Service Area
Figure 2. Oakboro Wastewater Project Alignment Corridors,
Table 1. Potential Jurisdictional Streams in the Project Area,
Figure 3A-3B. USDA Soil Survey of Stanly County, 1995
Figure 4A-4B. USGS Topographic Quadrangle, Oakboro NC.
Figure 5A-5D. Streams Evaluated Along the Oakboro Wastewater Project Corridors
Figure 6A-6C. National Wetland Inventory (NWI) Maps, Oakboro NC
Figure 7A-7C. Stream Crossing Plan Details
Table 2. Adjacent Land Owners and Roadside Segments LIST
Figure 8. Adjacent Land Owners and Roadside Segments MAP
Figure 9A-913. NC Historic Structures from NC Historic Preservation Office
NC-DWR Stream Identification Forms
USACE Wetland Determination Data Form (Upland Only)
Agency Correspondence Letters
US Fish & Wildlife Service
NC State Clearinghouse
NC Historic Preservation Office
Wooten Engineering Plan Sheets
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MOGENSEN MITIGATION. INC
urisdictional Determination Reauest
US Army Corps
of Engineers
Wilmington District
This form is intended for use by anyone requesting a jurisdictional determination (JD) from the
U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting
information, as described within each category, with your request. You may submit your request
via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project
manager of the county in which the property is located. A current list of project managers by
assigned counties can be found on-line at:
http://www. saw.usace.army.mil/Missions/Re"latoiyPermitPro gram/Contact/CounlyLocator.gWx,
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: 24939 Barbees Grove Rd (WWTP
City, State: Oakboro, NC 28129
County: Stanly
Parcel Index Number(s) (PIN): 652403027695 + others (Table 2
B. REQUESTOR INFORMATION
Name: Gerald Pottern, Mogensen Mitigation 10
Mailing Address:
104 East Chestnut Ave
Wake Forest NC 27587
Telephone Number:
919-556-8845
Electronic Mail Address:
gerald@mogmit.com
Select one:
I am the current property owner.
F4I am an Authorized Agent or Environmental Consultant'
Interested Buyer or Under Contract to Purchase
Other, please explain.
C. PROPERTY OWNER INFORMATION'
Name:
Stanly County Utilities
Mailing Address:
1000 North First St, Suite 12
Albemarle NC 28001
Telephone Number:
(704) 986-3691
Electronic Mail Address:
dWingo@stanlycountync.gov
Must provide completed Agent Authorization Fonn/Letter.
Docinnentation 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.
Gerald Pottern
Print Name
Capacity: ❑ Owner ❑✓ Authorized Agents
08January 2024
Date
(agent authorization letter attached)
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 project or perform activities on this parcel which may
require authorization from the Corps, and the JD would be used to avoid and minimize
impacts to jurisdictional aquatic resources and as an initial step in a future permitting
process.
❑✓ I intend to construct/develop a projector perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
❑ I intend to construct/develop a project or perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
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/IJSACE protocols, skip to Part E.
4 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
5 Must provide agent authorization form/letter signed by owner(s).
Version: May 2017 Page 3
Jurisdictional Determination Request
F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One)
❑✓ I am requesting that the Corps provide a preliminary JD for the property identified herein.
A Preliminary Jurisdictional Determination (PJD) provides an indication that there may
be "waters of the United States" or "navigable waters of the United States"on a property.
PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all
waters and wetlands on the property will be treated as if they are jurisdictional "waters of
the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is
"preliminary" in the sense that an approved JD can be requested at any time. PJDs do
not expire.
❑ I am requesting that the Corps provide an approved JD for the property identified herein.
An Approved Jurisdictional Determination (AJD) is a determination that
jurisdictional "waters of the United States" or "navigable waters of the United
States" are either present or absent on a site. An approved JD identifies the limits of
waters on a site determined to be jurisdictional under the Clean Water Act and/or
Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit
decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be
posted on the Corps website. A landowner, permit applicant, or other "affected
party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years
(subject to certain limited exceptions explained in Regulatory Guidance Letter 05-
02).
❑ 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 35 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:
35.2356
Longitude:-80.2690
zA legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than 1 lx 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. http://www.saw.usace.gM.mil/Missions/Regulatoiy-Permit-
Pro gram/Jurisdiction/
Version: May 2017 Page 5
Jurisdictional Determination Request
F4Completed 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 Forma
W1 Vicinity Map
zAerial Photograph
z USGS Topographic Map
Soil Survey Map
zOther Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
Landscape Photos (if taken)
NCSAM and/or NCWAM Assessment Forms and Rating Sheets
NC Division of Water Resources Stream Identification Forms
�J Other Assessment Forms
' www.saw.usace.gM.mil/Portals/59/docs/reaulatoryy/readocs/JD/RGL 08-02_App A Prelim JD_ Form_fillable.pdf
' Please see hqp://www.saw.usace.i!M.mil/Missions/Reaulatoly-Permit-Proaram/Jurisdiction/
Principal Purpose: The information that you provide will be used in evaluating your request to determine
whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory
authorities referenced above.
Routine Uses: This information may be shared with the Department 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 isvoluntary; 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: Gerald Pottern, 104 E ChestnutAve, Wake Forest NC 27587
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: Stanly City: Oakboro
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.2356 Long.:-80.2690
Universal Transverse Mercator:
Name of nearest waterbody: Horse Branch, Long Creek, Rocky River
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)
see Table 1 in
attached letter
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: 03040105-0405 & 03040105-0406 (Rocky R)
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
■❑ U.S. Geological Survey map(s). Cite scale & quad name:
Oakboro, NC
■❑ Natural Resources Conservation Service Soil Survey. Citation: Stanly Co, 1995
■❑ National wetlands inventory map(s). Cite name: Oakboro, NC
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is:
❑ Photographs: ❑ Aerial (Name & Date):
or ❑ Other (Name & Date):
(National Geodetic Vertical Datum of 1929)
❑ 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
Geral,.J }} Digitally signed by Gerald Pottem
d P otte rn Date: 2024.02.26 15:09:49-05'00'
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.
AGENT AUTHORIZATION FORM for US -ACE / NC-DEQ Permitting
PROJECT NAME: Stanly County Oakboro Wastewater Expansion
PROPERTY LEGAL DESCRIPTION: Stanly County Utilities + others
PARCEL ID: 6524 0313 2215, 6524 0302 7695, + others
STREET ADDRESS: 24939 Barbees Grove Rd, Oakboro, NC 28129
PROPERTY OWNER: Stanly County Utilities, Timothy & Diane Smith, + others
The undersigned, registered property owners of the above noted property, do hereby authorize:
Gerald Pottern of Mo�zensen Mitigation Inc (MMI)
(Contractor / Agent) (Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or
certification and any and all standard and special conditions attached.
By signing below, I authorize representatives of the U.S. Army Corps of Engineers (Corps) and NC Division of
Environmental Quality (DEQ) 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
Waters Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am the duly authorized
owner of record of the property identified herein.
PROPERTY OWNER ADDRESS (if different than property above):
Stanly County Utilities, EngineeringDepartment
1000 North First St, Suite 12, Albemarle NC 28001
Telephone: (704) 986-3691 Email: dwingo(a)stanlycountync.gov x
Duane S. Wingo
Print Name 1
5. 6�')4_
Authorized Signature 1 61
Date: 1/8/2024
FIGURES and TABLES
Figure 1. Oakboro Wastewater Project Vicinity Map and Service Area
Figure 2. Oakboro Wastewater Project Alignment Corridors,
Table 1. Potential Jurisdictional Streams in the Project Area,
Figure 3A-313. USDA Soil Survey of Stanly County, 1995
Figure 4A-413. USGS Topographic Quadrangle, Oakboro NC.
Figure 5A-5D. Streams Evaluated Along the Oakboro Wastewater Project Corridors
Figure 6A-6C. National Wetland Inventory (NWI) Maps, Oakboro NC
Figure 7A-7C. Stream Crossing Plan Details
Table 2. Adjacent Land Owners and Roadside Segments LIST
Figure 8. Adjacent Land Owners and Roadside Segments MAP
Figure 9A-913. NC Historic Structures from NC Historic Preservation Office
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Figure 6C. National Wetland Inventory (NWI) Map - Oakboro Wastewater System - Eastern Portion. Purple Lines = Force Main.
do
41
v
'Stream Crossing 12
scream impact area: f"
f %f i Atih 16 Linft x 25 ft wide TOl �'A1�YKf -
i
SILT FENCE
ILT
FEN(
OU- LET : _�4p 4
r ` AFTER PIPE III ALLATION, INSTALL CLASS B
EX15TLVC
A — RIPRAP OV, DISTURBED AREA OF STREAM
WASTEW
EFFLUENT FM ��- 20" WASTEWATER EFFLUENT FM
OPEN CUT) INSTALLED PER ONE OF THE
r ` TEMPORARY STREAM CROSSING ❑ETAILS
TOP = 317.63 - --
LAT:3 IE = 311,63 \' - SILT FENCE OUTLET
LONG:-80.2 5 �yFENCE
/TOP =317.7 �\ \ -
/ IE = 311.74 r ti 652403127345
TOP -318?4 \ ' - - ENDEAVOR FARMS INC C/O
BRAUN CARROLL
1E=312.24 h . RA-RkEES GROVE R❑
TAP=3IR.? S to
Figure 7A. Stream Crossing 12 Plan Details
LAT:35.2156
AFTER PIPE INSTALLATION,
LONG:-80.2592
INSTALL CLASS B RIPRAP
PROPOSED PUBLIC
UTILITY EASEMENT
Stream Grossing 15
stream impact area:
OVER DISTURBED AREA OF
STREAM
SILT FENCE
28 Lin ft x 10 ft wide
- - - D TLET TYP
NEW 20" WASTERWATER
- - - _-_ - - -
- --
_
'
FM (OPEN CUT)
_-�v_
- - .--_
TOP = 297.LV
INSTALLED PER ONE OF
[E=291.06 ^
THE TEMPORARY STREAM
-_ -`_
- - - - - -
__ __ -
- - -_ -
CROSSING DETAILS
10'
LONG CREEK
G
TRIBUTARY
652301457528
ROCKEY RIVER ORG FOR
X j ��
ZO- t€ IMPACT`
Y-
PRESERVATION &
(255 SQ,FT.)
~ __
PROTECTION INC
10739 NC 138 HWY
_,=.f�
38
t(1135 SQ. FT.j�
TOP = 301.02
fE=Z95.D2
EXISTING-
GUARI)RAIL
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/
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uu
��
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EXISTING 12"
fi
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VEGETATION
hTTLUENTFM
REMOVAL
Figure 713. Stream Crossing 15 Plan Details
NEW 24" GRAVITY
EFFLUENT DISCHARGE
ADDITIONAL CLASS 2 RIPRAP
REQUIRED TO ENSURE EMBANKMENT
STABILIZATION AT NEW DISCHARGE
t~Y LI�L
3a�
--_ _ NEW 12" GRAVITY
CONNECTION TO NEW
OUTFALL MANHOLE
FLV WAY BC7CYND�y
NEW 24" CHECK VALVE
ROCKY RIVER
Figure 7C. Stream Impact 16 Rocky River Effluent Discharge
EXISTING OUTFALL
PIPE TO BE REMOVED
— 278 —
LAT:35.2115
LONG: -8B.2544
Stream Impact 16, Effluent
Discharge: Impact Area =
6 Lin ft x 6 ft wide
Table 2. Land Owner Parcels and Roadside Segments -- West Stanly County Oakboro WWTP and Force Main
Map
#
Parcel Number
Street Address
acres
lin. ft.
Owner
Deed
Book/Pg
Project
Feature
1
650404620164
402 Gold Street
1.1
Stanly County (pump sta)
1488 /194
Pump Sta
2
650404622067
431 Colton Street
0.6
Kennerly, Shaunta
1765 /439
3
1 650404624094
360 Jaida Lane
0.7
Johnson, Lynette
1773 /682
4
650404615966
356 Jaida Lane
0.4
Nance, Ryan Neil
1787 /908
5
650404616920
350 Jaida Lane
0.4
Sebastian, Stephen Dale
1752 /1171
6
650404628169
12143 St Martin Road
7.3
McGuire, Charles A.
538 /419
7
650404911932
12828 Sunrise Lane
82
Lynette Anderson, Liv Trust
891 /744
8
NA
Alonzo Road, ROW
---
4580
NCDOT-ROW
---
9
NA
Hazard Road, ROW
---
420
NCDOT-ROW
---
10
NA
Barbees Grove Rd, ROW
---
6880
NCDOT-ROW
---
11
652403027695
24939-A Barbees Grove Rd
56
Smith, Timothy & Diane
559 /471
12
652403132215
24939-B Barbees Grove Rd
4.3
Stanly County (WWTP)
1488 /194
WWTP
13
NA
Barbees Grove Rd, ROW
---
6550
NCDOT-ROW
---
14
NA
NC Hwy-138, R-W
---
2380
NCDOT-ROW
---
15
652303443557
10760 NC -Hwy 138
42
Caddell, Daniel M
369 /865
Discharge
IML
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Figure 9B. NC Historic Structures from NC Historic Preservation Office -- Oakboro WWTP and Force Main, Eastern Portion
NC Division of Water Quality - Stream Identification Form version 4.11 Sept 2010
Methodology for Identification of Intermittent and Perennial Streams and Their Origins
Date: 23 Aug 2022
Project / Site: West Stanly County
Latitude: 35.215 to 35.237
Wastewater System
Longitude:-80.261 to-80.319
Evaluator: Gerald Pottern
Mogensen Mitigation Inc
City/County: Oakboro, Stanly Co
Topo Quad: Oakboro
Stream evaluation segment ID #
S-1
S-2
S-3
18 points or less = ephemeral
19 to 29 points = intermittent
30 points or more = perennial
Latitude:
35.23268
35.23114
35.23061
Longitude:
-80.31956
-80.31613
-80.31032
Total Points A+B+C
42.75
16.75
12.00
Ephemeral, Intermittent, or Perennial
peren
a hem
a hem
T= too map, S=soil map, TS = both
TS
TS
TS
A. Geomorphology
Stream Metric Score
Absent
Weak
Moderate
Strong
1.. Continuity of channel bed and bank
3
2
2
0
1
2
3
2. Sinuosity of channel along thalweg
2
1
1
0
1
2
3
3. In -channel structure: ex. riffle -pool,
step -pool, ripple -pool sequence
2
1
1
0
1
2
3
4. Particle size of stream substrate
3
2
1
0
1
2
3
5. Active/ relict flood lain
2
1
1
0
1
2
3
6. Depositional bars or benches
2
0
0
0
1
2
3
7. Recent alluvial deposits
3
1
1
0
1
2
3
8. Headcuts
2
1
0
0
1
2
3
9. Grade control
1
0.5
0.5
0
1 0.5
1
1.5
10. Natural valley
1.5
0.5
0.5
0
0.5
1
1.5
11. Second or greater order channel
3
0
0
No = 0
Yes = 3
A. Geomorphology subtotal
23.5
10.0
8.0
B. Hydrology
12. Presence of Baseflow
2
1
0
0
1
2
3
13. Iron oxidizing bacteria
1
0
0
0
1
2
3
14. Leaf litter
1.5
1
1
1.5
1
0.5
0
15. Sediment on plants or debris
0.5
0.5
0.5
0
0.5
1
1.5
16. Organic debris lines or piles
1
0.5
0.5
0
0.5
1
1.5
17. Soil -based evidence high water table
1 3
1 0
1 0
No = 0
Yes = 3
B. Hydrology subtotal
9.0
3.0
2.0
C. Biology
18. Fibrous roots in streambed
2
1
1
3
2
1
0
19. Rooted upland plants in streambed
2
2
1
3
2
1
0
20. Macrobenthos (diversity + abundance)
2
0
0
0
1
2
3
21. Aquatic Mollusks
0
0
0
0
1
2
3
22. Fish
1
0
0
0
0.5
1
1.5
23. Crayfish
1
0
0
0
1 0.5
1
1.5
24. Amphibians
1
0
0
0
0.5
1
1.5
25. Algae
0.5
0
0
0
0.5
1
1 1.5
26. Wetland plants in streambed
0.75
0.75
0
FACW = 0.75 OBL = 1.5 Other = 0
C. Biology subtotal
10.25
3.75
2.00
Perennial streams may also be identified using other methods. See p. 35 of manual. Artificial ditches are not rated.
Notes:
S 1 = west of McCoy pump station
S2 = field east of St Martin Rd
S3 = field north of Alonzo Rd
Antecedent Rainfall: Previous 3 days = 0.11 inch; 10 days = 0.26 inch; 20 days = 0.90 inch
NC Division of Water Quality - Stream Identification Form version 4.11 Sept 2010
Methodology for Identification of Intermittent and Perennial Streams and Their Origins
Date: 23 Aug 2022
Project / Site: West Stanly County
Latitude: 35.215 to 35.237
Wastewater System
Longitude:-80.261 to-80.319
Evaluator: Gerald Pottern
Mogensen Mitigation Inc
City/County: Oakboro, Stanly Co
Topo Quad: Oakboro
Stream evaluation segment ID #
S-4
S-5
S-6
18 points or less = ephemeral
19 to 29 points = intermittent
30 points or more = perennial
Latitude:
35.23104
35.23246
35.23327
Longitude:
-80.30274
-80.29964
-80.29752
Total Points A+B+C
37.75
11.25
8.50
Ephemeral, Intermittent, or Perennial
peren
a hem
a hem
T= too map, S=soil map, TS = both
TS
TS
S
A. Geomorphology
Stream Metric Score
Absent
Weak
Moderate
Strong
1.. Continuity of channel bed and bank
3
2
1
0
1
2
3
2. Sinuosity of channel along thalweg
2
0
0
0
1
2
3
3. In -channel structure: ex. riffle -pool,
step -pool, ripple -pool sequence
2
1
1
0
1
2
3
4. Particle size of stream substrate
3
1
0
0
1
2
3
5. Active/ relict flood lain
2
1
0
0
1
2
3
6. Depositional bars or benches
2
0
0
0
1
2
3
7. Recent alluvial deposits
2
1
1
0
1
2
3
8. Headcuts
1
0
1
0
1
2
3
9. Grade control
1
0
0
0
1 0.5
1
1.5
10. Natural valley
1
0.5
0.5
0
0.5
1
1.5
11. Second or greater order channel
3
0
0
No = 0
Yes = 3
A. Geomorphology subtotal
22.0
6.5
4.5
B. Hydrology
12. Presence of Baseflow
1
0
0
0
1
2
3
13. Iron oxidizing bacteria
1
0
0
0
1
2
3
14. Leaf litter
1
1
1
1.5
1
0.5
0
15. Sediment on plants or debris
0.5
0.5
0.5
0
0.5
1
1.5
16. Organic debris lines or piles
0.5
0.5
0.5
0
0.5
1
1.5
17. Soil -based evidence high water table
1 3
1 0
1 0
No = 0
Yes = 3
B. Hydrology subtotal
7.0
2.0
2.0
C. Biology
18. Fibrous roots in streambed
2
1
1
3
2
1
0
19. Rooted upland plants in streambed
2
1
1
3
2
1
0
20. Macrobenthos (diversity + abundance)
1
0
0
0
1
2
3
21. Aquatic Mollusks
0
0
0
0
1
2
3
22. Fish
1
0
0
0
0.5
1
1.5
23. Crayfish
1
0
0
0
1 0.5
1
1.5
24. Amphibians
1
0
0
0
0.5
1
1.5
25. Algae
0
0
0
0
0.5
1
1 1.5
26. Wetland plants in streambed
0.75
0.75
0
FACW = 0.75 OBL = 1.5 Other = 0
C. Biology subtotal
8.75
2.75
2.00
Perennial streams may also be identified using other methods. See p. 35 of manual. Artificial ditches are not rated.
Notes:
S4, S5, S6 = all flow north across Alonzo Road
Antecedent Rainfall: Previous 3 days = 0.11 inch; 10 days = 0.26 inch; 20 days = 0.90 inch
NC Division of Water Quality - Stream Identification Form version 4.11 Sept 2010
Methodology for Identification of Intermittent and Perennial Streams and Their Origins
Date: 23 Aug 2022
Project / Site: West Stanly County
Latitude: 35.215 to 35.237
Wastewater System
Longitude:-80.261 to-80.319
Evaluator: Gerald Pottern
Mogensen Mitigation Inc
City/County: Oakboro, Stanly Co
Topo Quad: Oakboro
Stream evaluation segment ID #
S-7
S-8A
S-813
18 points or less = ephemeral
19 to 29 points = intermittent
30 points or more = perennial
Latitude:
35.23378
35.23384
35.23505
Longitude:
-80.29287
-80.29258
-80.29089
Total Points A+B+C
12.25
32.50
26.25
Ephemeral, Intermittent, or Perennial
a hem
peren
interm
T= too map, S=soil map, TS = both
S
TS
TS
A. Geomorphology
Stream Metric Score
Absent
Weak
Moderate
Strong
1.. Continuity of channel bed and bank
2
3
2
0
1
2
3
2. Sinuosity of channel along thalweg
1
2
2
0
1
2
3
3. In -channel structure: ex. riffle -pool,
step -pool, ripple -pool sequence
1
1
1
0
1
2
3
4. Particle size of stream substrate
1
2
2
0
1
2
3
5. Active/ relict flood lain
1
1
2
0
1
2
3
6. Depositional bars or benches
0
1
1
0
1
2
3
7. Recent alluvial deposits
1
2
1
0
1
2
3
8. Headcuts
0
2
1
0
1
2
3
9. Grade control
0.5
1.5
1
0
1 0.5
1
1.5
10. Natural valley
0.5
1
1
0
0.5
1
1.5
11. Second or greater order channel
0
0
3
No = 0
Yes = 3
A. Geomorphology subtotal
8.0
16.5
17.0
B. Hydrology
12. Presence of Baseflow
0
2
1
0
1
2
3
13. Iron oxidizing bacteria
0
1
0
0
1
2
3
14. Leaf litter
0.5
1
1
1.5
1
0.5
0
15. Sediment on plants or debris
0.5
0.5
0.5
0
0.5
1
1.5
16. Organic debris lines or piles
0.5
1
0.5
0
0.5
1
1.5
17. Soil -based evidence high water table
1 0
1 3
0
No = 0
Yes = 3
B. Hydrology subtotal
1.5
8.5
3.0
C. Biology
18. Fibrous roots in streambed
1
2
2
3
2
1
0
19. Rooted upland plants in streambed
1
2
1
3
2
1
0
20. Macrobenthos (diversity + abundance)
0
1
1
0
1
2
3
21. Aquatic Mollusks
0
0
0
0
1
2
3
22. Fish
0
0
0
0
0.5
1
1.5
23. Crayfish
0
0.5
0.5
0
1 0.5
1
1.5
24. Amphibians
0
0.5
0.5
0
0.5
1
1.5
25. Algae
0
1
0.5
0
0.5
1
1 1.5
26. Wetland plants in streambed
0.75
1.5
0.75
FACW = 0.75 OBL = 1.5 Other = 0
C. Biology subtotal
2.75
8.50
6.25
Perennial streams may also be identified using other methods. See p. 35 of manual. Artificial ditches are not rated.
Notes:
S7 = flows east across Barbees Grove Road, joins trib 8 below pond outlet
S8A = flows northeast along the SE side of Barbees Grove Road
S8B = flows northeast across Barbees Grove Road, downstream from 8A
Antecedent Rainfall: Previous 3 days = 0.11 inch; 10 days = 0.26 inch; 20 days = 0.90 inch
NC Division of Water Quality - Stream Identification Form version 4.11 Sept 2010
Methodology for Identification of Intermittent and Perennial Streams and Their Origins
Date: 23 Aug 2022
Project / Site: West Stanly County
Latitude: 35.215 to 35.237
Wastewater System
Longitude:-80.261 to-80.319
Evaluator: Gerald Pottern
Mogensen Mitigation Inc
City/County: Oakboro, Stanly Co
Topo Quad: Oakboro
Stream evaluation segment ID #
S-9
S-10
S-11A
Less than 19 points = ephemeral
19 to 29 points = intermittent
30 points or more = perennial
Latitude:
35.23588
35.23705
35.23218
Longitude:
-80.27865
-80.26836
-80.27279
Total Points A+B+C
11.25
17.25
18.25
Ephemeral, Intermittent, or Perennial
a hem
a hem
a hem
T= too map, S=soil map, TS = both
TS
TS
S
A. Geomorphology
Stream Metric Score
Absent
Weak
Moderate
Strong
1.. Continuity of channel bed and bank
2
2
2
0
1
2
3
2. Sinuosity of channel along thalweg
1
1
1
0
1
2
3
3. In -channel structure: ex. riffle -pool,
step -pool, ripple -pool sequence
1
1
1
0
1
2
3
4. Particle size of stream substrate
1
2
2
0
1
2
3
5. Active/ relict flood lain
1
1
1
0
1
2
3
6. Depositional bars or benches
0
0
1
0
1
2
3
7. Recent alluvial deposits
0
1
1
0
1
2
3
8. Headcuts
0
1
1
0
1
2
3
9. Grade control
0.5
1
1
0
1 0.5
1
1.5
10. Natural valley
0.5
1
0.5
0
0.5
1
1.5
11. Second or greater order channel
0
0
0
No = 0
Yes = 3
A. Geomorphology subtotal
7.0
11.0
11.5
B. Hydrology
12. Presence of Baseflow
0
0
0
0
1
2
3
13. Iron oxidizing bacteria
0
0
0
0
1
2
3
14. Leaf litter
0.5
1
1
1.5
1
0.5
0
15. Sediment on plants or debris
0.5
0.5
0.5
0
0.5
1
1.5
16. Organic debris lines or piles
0.5
0.5
0.5
0
0.5
1
1.5
17. Soil -based evidence high water table
1 0
1 0
1 0
No = 0
Yes = 3
B. Hydrology subtotal
1.5
2.0
2.0
C. Biology
18. Fibrous roots in streambed
1
2
2
3
2
1
0
19. Rooted upland plants in streambed
1
1
1
3
2
1
0
20. Macrobenthos (diversity + abundance)
0
0
0
0
1
2
3
21. Aquatic Mollusks
0
0
0
0
1
2
3
22. Fish
0
0
0
0
0.5
1
1.5
23. Crayfish
0
0.5
0.5
0
1 0.5
1
1.5
24. Amphibians
0
0
0.5
0
0.5
1
1.5
25. Algae
0
0
0
0
0.5
1
1 1.5
26. Wetland plants in streambed
0.75
0.75
0.75
FACW = 0.75 OBL = 1.5 Other = 0
C. Biology subtotal
2.75
4.25
4.75
Perennial streams may also be identified using other methods. See p. 35 of manual. Artificial ditches are not rated.
Notes:
S9 = flows northeast across Barbees Grove Road
S10 = flows northeast along north edge of WWTP parcel
S11A = flows SE along SW edge of Barbees Grove Rd; upper reach 400 ft above Horse Br confluence
Antecedent Rainfall: Previous 3 days = 0.11 inch; 10 days = 0.26 inch; 20 days = 0.90 inch
NC Division of Water Quality - Stream Identification Form version 4.11 Sept 2010
Methodology for Identification of Intermittent and Perennial Streams and Their Origins
Date: 24 Aug 2022
Project / Site: West Stanly County
Latitude: 35.215 to 35.237
Wastewater System
Longitude:-80.261 to-80.319
Evaluator: Gerald Pottern
Mogensen Mitigation Inc
City/County: Oakboro, Stanly Co
Topo Quad: Oakboro
Stream evaluation segment ID #
S-11B
S-12
S-13
Less than 19 points = ephemeral
19 to 29 points = intermittent
30 points or more = perennial
Latitude:
35.23158
35.23123
35.23031
Longitude:
-80.27216
-80.27164
-80.27024
Total Points A+B+C
24.75
36.25
17.25
Ephemeral, Intermittent, or Perennial
interm
peren
a hem
T= too map, S=soil map, TS = both
S
TS
S
A. Geomorphology
Stream Metric Score
Absent
Weak
Moderate
Strong
1.. Continuity of channel bed and bank
2
3
2
0
1
2
3
2. Sinuosity of channel along thalweg
2
2
1
0
1
2
3
3. In -channel structure: ex. riffle -pool,
step -pool, ripple -pool sequence
2
2
1
0
1
2
3
4. Particle size of stream substrate
3
3
2
0
1
2
3
5. Active/ relict flood lain
1
2
1
0
1
2
3
6. Depositional bars or benches
1
1
0
0
1
2
3
7. Recent alluvial deposits
2
2
1
0
1
2
3
8. Headcuts
2
1
2
0
1
2
3
9. Grade control
1.5
1.5
1
0
1 0.5
1
1.5
10. Natural valley
1
1.5
0.5
0
0.5
1
1.5
11. Second or greater order channel
0
3
0
No = 0
Yes = 3
A. Geomorphology subtotal
17.5
22.0
11.5
B. Hydrology
12. Presence of Baseflow
1
1
0
0
1
2
3
13. Iron oxidizing bacteria
0
1
0
0
1
2
3
14. Leaf litter
1
1.5
1
1.5
1
0.5
0
15. Sediment on plants or debris
0.5
0.5
0.5
0
0.5
1
1.5
16. Organic debris lines or piles
0.5
0.5
0.5
0
0.5
1
1.5
17. Soil -based evidence high water table
1 0
1 0
1 0
No = 0
Yes = 3
B. Hydrology subtotal
3.0
4.5
2.0
C. Biology
18. Fibrous roots in streambed
1
3
2
3
2
1
0
19. Rooted upland plants in streambed
1
2
1
3
2
1
0
20. Macrobenthos (diversity + abundance)
0
1
0
0
1
2
3
21. Aquatic Mollusks
0
0
0
0
1
2
3
22. Fish
0
1
0
0
0.5
1
1.5
23. Crayfish
0.5
1
0
0
1 0.5
1
1.5
24. Amphibians
0.5
0.5
0
0
0.5
1
1.5
25. Algae
0.5
0.5
0
0
0.5
1
1 1.5
26. Wetland plants in streambed
0.75
0.75
0.75
FACW = 0.75 OBL = 1.5 Other = 0
C. Biology subtotal
4.25
9.75
3.75
Perennial streams may also be identified using other methods. See p. 35 of manual. Artificial ditches are not rated.
Notes:
S 11B = flows SE along SW edge of Barbees Grove Rd from 11A down to Horse Br confluence
S12 = Horse Branch, flows northeast across Barbees Grove Road
S 13 = flows northwest along SW edge of Barbees Grove Rd to Horse Br confluence
Antecedent Rainfall: Previous 3 days = 0.11 inch; 10 days = 0.26 inch; 20 days = 0.90 inch
NC Division of Water Quality - Stream Identification Form version 4.11 Sept 2010
Methodology for Identification of Intermittent and Perennial Streams and Their Origins
Date: 24 Aug 2022
Project / Site: West Stanly County
Latitude: 35.215 to 35.237
Wastewater System
Longitude:-80.261 to-80.319
Evaluator: Gerald Pottern
Mogensen Mitigation Inc
City/County: Oakboro, Stanly Co
Topo Quad: Oakboro
Stream evaluation segment ID #
S-14
S-15
Less than 19 points = ephemeral
19 to 29 points = intermittent
30 points or more = perennial
Latitude:
35.21850
35.21549
Longitude:
-80.26432
-80.26079
Total Points A+B+C
5.50
34.75
Ephemeral, Intermittent, or Perennial
a hem
peren
T= too map, S=soil map, TS = both
S
TS
A. Geomorphology
Stream Metric Score
Absent
Weak
Moderate
Strong
1.. Continuity of channel bed and bank
1
3
0
1
2
3
2. Sinuosity of channel along thalweg
0
2
0
1
2
3
3. In -channel structure: ex. riffle -pool,
step -pool, ripple -pool sequence
0
2
0
1
2
3
4. Particle size of stream substrate
1
3
0
1
2
3
5. Active/ relict flood lain
0
1
0
1
2
3
6. Depositional bars or benches
0
1
0
1
2
3
7. Recent alluvial deposits
0
1
0
1
2
3
8. Headcuts
0
2
0
1
2
3
9. Grade control
0
1.5
0
1 0.5
1
1.5
10. Natural valley
0.5
1.5
0
0.5
1
1.5
11. Second or greater order channel
0
3
No = 0
Yes = 3
A. Geomorphology subtotal
2.5
21.0
B. Hydrology
12. Presence of Baseflow
0
1
0
1
2
3
13. Iron oxidizing bacteria
0
1
0
1
2
3
14. Leaf litter
0.5
1
1.5
1
0.5
0
15. Sediment on plants or debris
0
0.5
0
0.5
1
1.5
16. Organic debris lines or piles
0.5
0.5
0
0.5
1
1.5
17. Soil -based evidence high water table
1 0
1 3
1
1 No = 0
Yes = 3
B. Hydrology subtotal
1.0
7.0
C. Biology
18. Fibrous roots in streambed
1
2
3
2
1
0
19. Rooted upland plants in streambed
1
1
3
2
1
0
20. Macrobenthos (diversity + abundance)
0
1
0
1
2
3
21. Aquatic Mollusks
0
0
0
1
2
3
22. Fish
0
0.5
0
0.5
1
1.5
23. Crayfish
0
0.5
0
1 0.5
1
1.5
24. Amphibians
0
0.5
0
0.5
1
1.5
25. Algae
0
0.5
0
0.5
1
1 1.5
26. Wetland plants in streambed
0
0.75
FACW = 0.75 OBL = 1.5 Other = 0
C. Biology subtotal
2.00
6.75
Perennial streams may also be identified using other methods. See p. 35 of manual. Artificial ditches are not rated.
Notes:
S14 = flows west across Barbees Grove Rd into Long Creek tributary
S15 = flows east along south edge of NC-138, then crosses to north side of NC-138
Antecedent Rainfall: Previous 3 days = 0.11 inch; 10 days = 0.26 inch; 20 days = 0.90 inch
U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT.
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a)
Project/Site: Oakboro West Stanly Co Sewer City/County: Oakboro, Stanly Co Sampling Date: 07 Dec 23
Applicant/Owner: Stanly County Utilities, Engineering Department State: NC Sampling Point: SP-12A
Investigator(s): Gerald Pottern, Mogensen Mitigation Section, Township, Range:
Landform (hillside, terrace, etc.): floodplain Local relief (concave, convex, none): flat Slope (%): 0-1
Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.23265 Long:-80.26990 Datum: NAD-83
Soil Map Unit Name: Oakboro silt loam NWI classification: PF01A
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 No X within a Wetland? Yes No X
Wetland Hydrology Present? Yes No X
Remarks:
Sample point SP-12A on Horse Creek floodplain near confluence with ephemeral swale (pond drainage), 700 feet NE of Horse Cr culvert at Barbees
Grove Rd. See antecedent rainfall comments in Hydrology below.
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 (1314) _Sparsely Vegetated Concave Surface (138)
_High Water Table (A2) _Hydrogen
Sulfide Odor (Cl) X 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)
X 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:
The site was relatively dry on December 7, 2023,
but not unusually dry. Stream flow was negligible and roughly half of the streambed had pools of
standing water. Antecedent rainfall based on three nearby gauges was 0.3 inches during the previous 14 days, 2.8 inches during the previous 30
days, and 3.8 inches during the previous 60 days
(https://www.cocorahs.org). Normal rainfall (50th percentile) for this area during the past 40 years is
2.8 inches in November and 3.2 inches in December. The drift deposits and drainage patterns observed suggest infrequent short-term over -bank
flooding, rather than prolonged saturation.
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0
VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: SP-12A
Absolute
Dominant
Indicator
Tree Stratum (Plot size: 30 ft )
% Cover
Species?
Status
Dominance Test worksheet:
1.
Quercus rubra
10
Yes
FACU
Number of Dominant Species
2.
Quercus phellos
5
Yes
FAC
That Are OBL, FACW, or FAC: 9 (A)
3.
Quercus pagoda
5
Yes
FACW
Total Number of Dominant
4.
Celtis laevigata
5
Yes
FACW
Species Across All Strata: 16 (B)
5.
Carya ovata
5
Yes
FACU
Percent of Dominant Species
6.
Liquidambar styraciflua
10
Yes
FAC
That Are OBL, FACW, or FAC: 56.3% (A/B)
7.
Prevalence Index worksheet:
40
=Total Cover
Total % Cover of: Multiply by:
50% of total cover:
20
20%
of total cover:
8
OBL species 0 x 1 = 0
Sapling/Shrub Stratum (Plot size: 30 ft
)
FACW species 20 x 2 = 40
1.
Liquidambar styraciflua
10
Yes
FAC
FAC species 45 x 3 = 135
2.
Ligustrum sinense
20
Yes
FACU
FACU species 80 x 4 = 320
3.
Carpinus caroliniana
10
Yes
FAC
UPL species 5 x 5 = 25
4.
Citrus trifoliata
5
No
UPL
Column Totals: 150 (A) 520 (B)
5.
Ilex opaca
5
No
FACU
Prevalence Index = B/A = 3.47
6.
Hydrophytic Vegetation Indicators:
7.
_ 1 - Rapid Test for Hydrophytic Vegetation
8.
X 2 - Dominance Test is >50%
9.
3 - Prevalence Index is <_3.01
50
=Total Cover
4 - Morphological Adaptations' (Provide supporting
50% of total cover:
25
20%
of total cover:
10
data in Remarks or on a separate sheet)
Herb Stratum (Plot size: 30 ft )
-Problematic Hydrophytic Vegetation' (Explain)
1.
Solidago gigantea
10
Yes
FACW
Indicators of hydric soil and wetland hydrology must be
2.
Andropogon virginicus
10
Yes
FACU
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
3. Schizachyrium scoparium 5 No FACU
4.
Verbesina occidentalis
5
No
FACU
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
5.
Eupatorium capillifolium
10
Yes
FACU
more in diameter at breast height (DBH), regardless of
6
height.
7.
Sapling/Shrub - Woody plants, excluding vines, less
8.
than 3 in. DBH and greater than or equal to 3.28 ft
9
(1 m) tall.
10.
Herb - All herbaceous (non -woody) plants, regardless
11.
of size, and woody plants less than 3.28 ft tall.
40
=Total Cover
Woody Vine - All woody vines greater than 3.28 ft in
50% of total cover:
20
20%
of total cover:
8
height.
Woody Vine Stratum (Plot size: 30 ft )
1.
Smilax rotundifolia
5
Yes
FAC
2.
Smilax bona-nox
5
Yes
FACU
3.
Lonicera japonica
5
Yes
FACU
4.
Gelsemium sempervirens
5
Yes
FAC
5.
Hydrophytic
20
=Total Cover
Vegetation
50% of total cover:
10
20%
of total cover:
4
Present? Yes X No
Remarks: (Include photo numbers here or on a separate sheet.)
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0
SOIL
Sampling Point: SP-12A
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
0-5 10YR 3/4 Loamy/Clayey
5-9 10YR 3/6 Loamy/Clayey
9-15 10YR 4/4 97 5YR 4/6 3 D M Loamy/Clayey
Type: C=Concentration, D=Depletion,
Hydric Soil Indicators.
_ Histosol (Al)
_ Histic Epipedon (A2)
—Black Histic (A3)
—Hydrogen Sulfide (A4)
_Stratified Layers (A5)
_2 cm Muck (A10) (LRR N)
_Depleted Below Dark Surface (A11)
_Thick Dark Surface (Al2)
_Sandy Mucky Mineral (S1)
_Sandy Gleyed Matrix (S4)
—Sandy Redox (S5)
—Stripped Matrix (S6)
Dark Surface (S7)
Restrictive Layer (if observed):
Type:
Depth (inches):
Remarks:
RM=Reduced Matrix, MS=Masked Sand Grains.
_ Polyvalue Below Surface (S8) (MLRA 147, 148)
_Thin Dark Surface (S9) (MLRA 147, 148)
_Loamy Mucky Mineral (F1) (MLRA 136)
—Loamy Gleyed Matrix (F2)
—Depleted Matrix (F3)
_ Redox Dark Surface (F6)
—Depleted Dark Surface (F7)
_ Redox Depressions (F8)
_ Iron -Manganese Masses (F12) (LRR N,
MLRA 136)
_ Umbric Surface (F13) (MLRA 122, 136)
_ Piedmont Floodplain Soils (F19) (MLRA 148)
Red Parent Material (F21) (MLRA 127, 147, 148)
2Location: PL=Pore Lining, M=Matrix
Indicators for Problematic Hydric Soils3:
_2 cm Muck (A10) (MLRA 147)
—Coast Prairie Redox (A16)
(MLRA 147, 148)
—Piedmont Floodplain Soils (F19)
(MLRA 136, 147)
—Red Parent Material (F21)
(outside MLRA 127, 147, 148)
_Very Shallow Dark Surface (F22)
Other (Explain in Remarks)
3Indicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Hydric Soil Present? Yes No X
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0
NC*11()A
Department of Ad[-irnist ration
Roy Cooper
Governor
January 9, 2024
Genevieve Versteeg
Stanly County Public Utilities
c/o Wooten
120 N. Boylan Avenue
Raleigh, NC 27603-
Pamela B. Cashwell
Secretary
Re: SCH File # 24-E-0000-0159 Proposed project is for the expansion of the West Stanly Wastewater
Treatment Plant in order to increase its current capacity. The location of the effluent force main on the
West Stanly WWTP site has changed. Instead of routing the new effluent force main parallel to the
existing 12-inch force main
Dear Genevieve Versteeg:
The above referenced environmental impact information has been submitted to the State Clearinghouse under the
provisions of the National Environmental Policy Act. According to G.S. 113A-10, when a state agency is required to
prepare an environmental document under the provisions of federal law, the environmental document meets the
provisions of the State Environmental Policy Act.
Attached to this letter are comments made by the agencies in the review of this document. If any further
environmental review documents are prepared for this project, they should be forwarded to this office for
intergovernmental review.
If you have any questions, please do not hesitate to contact me at (984) 236-0000.
Sincerely,
KADISHA MOLYNEAUX
State Environmental Review Clearinghouse
Attachments
Mailing r: Location
1301 Mail Service Center I Raleigh, NC 27699-1301 f 116 West Jones St. I Raleigh NC 27603
984-236-0000 T
ncadmin.nc.gov
From: Hamstead, Byron A <byron_hamstead@fws.gov>
Sent: Friday, January 5, 2024 1:00 PM
To: Genevieve Versteeg<gversteeg@thewootencompany.com> Cc: Carl Scharfe
<cscharfe@thewootencompany.com>; Smith, Cody - RD, State Office <cody.smith@usda.gov>
Subject: Re: [EXTERNAL] Environmental Scoping Document - Stanly County Project Update
Happy new year Genevieve,
Thanks for your continued coordination. We offer the following comments pursuant to Section 7 of the
Endangered Species Act (ESA):
Based on the information provided, the USDA -Rural Development is reinitiating consultation under the ESA
due to changes to the proposed action area for this project (new alignment for a section of force main from the
pump station to the WWTP).
Please provide an "Official Species List" from our IPaC website when you can. Only "Official" Species Lists
generate a IPaC project code that we need for administrative purposes. The list provided has a watermark on it
indicating that it cannot be used for consultation. There is guidance and how-to videos for generating "Official"
species lists near the bottom of the IPaC landing page: https://ipac.ecosphere.fws.gov/.
Based on the information provided, we understand that the proposed action area (50CFR 402.02) not
previously considered in our October 28, 2022 response does not contain suitable habitat for the federally
endangered Schweinitz's sunflower (Helianthus schweinitzii). Therefore, we have no additional concerns for
project mediated impacts to this species and our concurrence with a "may affect, not likely to adversely affect"
determination for this species is still valid.
The information provided indicates that suitable forage and/or roosting habitat for the proposed endangered
tricolored bat (Perimyotis subflavus) occurs within the action area not previously considered. We appreciate
the commitment from project proponents to avoid tree clearing from May 15 - August 15 which captures the
most biologically sensitive timeframe for this animal (when animals are reproducing, pups are nursing, and
young cannot forage independently). Although this species is not currently afforded legal protection under
Section 7 of the ESA, this impact minimization measure would support our concurrence with a "may affect, not
likely to adversely affect" determination from the appropriate action agency should this species become listed
in the future.
Based on the information provided, the action area not previously considered does not provide suitable habitat
for any other federally listed species. Therefore, we consider consultation to be complete and reference our
concurrence provided October 28, 2022 for other listed species. Please be aware that obligations under
Section 7 of the ESA must be reconsidered if: (1) new information reveals impacts of the identified action may
affect listed species or critical habitat in a manner not previously considered, (2) the identified action is
subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or
critical habitat is determined that may be affected by the identified action.
Please contact me if you have any questions.
Regards,
Byron Hamstead (he/him)
Fish and Wildlife Biologist
U.S. Fish and Wildlife Sernrice
Asheville Ecological Ser`rices Field Office
160 Zillicoa Street
Asheville, North Carolina, 28801
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Govemor Roy Cooper
Secretary D. Reid Wilson
January 25, 2024
MEMORANDUM
TO
FROM
SUBJECT:
Kadisha Molyneaux
North Carolina State Clearinghouse
Department of Administration
Office of Archives and History
Deputy Secretary, Davin J. Waters, Ph.D.
kadisha.mol. n�gdoa.nc.gov
Ramona M. Bartos, Deputy
State Historic Preservation Officer
Expansion of West Stanly County wastewater treatment plant, Oakboro, Stanly County,
24-E-0000-0159, ER 22-0515
Thank you for your email of December 8, 2023, transmitting the project area information.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or
environmental. revi ewgdncr.nc. og_v. In all future communication concerning this project, please cite the
above referenced tracking number.
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898