20160712 Ver 1 _Preliminary JD _20160721

D E S I G N
July 19, 2016
Mr. David.L.Shaeffer
U.S. Army Corps
Regulatory Field Office
151 Patton Avenue, Room 143
Asheville NC 28801-5006
[e-mail]
Re: Abersham Greenway - Mecklenburg County, NC
"Preliminary Routine On -Site Determination of Wetlands and Waters "
Dear Mr. Shaeffer:
Please find enclosed a copy of of the "Preliminary Routine On -Site Determination of Wetlands and Waters'"
and a completed PCN Application for a Study Area for the Abersham Greenway in Mecklenburg County.
This delineation is only for the portions of the properties where the alignment of the trail will occur, a corridor
approximately twenty feet wide. The project consists of replacing stream crossings for an existing .82 mile
section of paved asphalt greenway trail and construction of new crossings for an additional .84 mile of
proposed new paved asphalt greenway. One bridged crossing over a perennial stream (S-1) will be replaced,
one perched culverted crossing over a perennial stream (S-2) will be replaced, and one new culverted crossing
will be constructed over a perennial stream (S-7) for total new stream impacts of 92 linear feet. Several other
swale bridge crossings will be placed over non jurisdictional ephemeral ditches. Wetlands have not been
identified along the propsed trail route since it traverses mostly mowed grass upland and along the edge of a
portion of gas line easement.
Field delineations were conducted July 1, 5, and 14, 2016. A copy of this document is also being sent to Alan
Johnson at the N.C. Division of Water Resources for verification. Could you please review the attached for a
preliminary verification. Labeled flagging has been placed at all stream and wetland sample points and at the
OHWM of all jurisdictional streams for a distance of approximately 100 feet at each crossing. Wetlands were
not observed on this site. Flags have been not been surveyed but a plan and profile sketch of each crossing
showing flag locations is on each NCDWQ Stream Identification Form.
If you would like to schedule a site visit, please let me know and we will do so at your earliest convenience.
Please do not hesitate to contact me if you should have any questions or comments. I look forward to your
reply.
Respectfully,
Craig R. Wyant RLA/S W S
A Fine Line Design
Post Office Box 163
High Shoals NC 28077
704-240-0793
[e-mail]
cc: Alan Johnson - NC Division of Water Resources, Mooresville Regional Office
Carr Mumford - Wirth and Associates, Charlotte, NC
cn(dxi.,YY., / DESIGN • Post Cffi.. Dox 163 0 h9L S6aa1, 0 NC 0 28077 0 [phone]

Abersham Greenway
Allison Farm Park/Fisher Farm Park
Mecklenburg County & Town of Davidson
Mecklenburg County, North Carolina
Preliminary On -Site Determination
of Wetlands and Waters
(U.S. Army Corps 1987 Methodology
and Subsequent Guidance)
Site investigations conducted July 1, 5, and 14, 2016
Determination Prepared By (Agent):
Craig R. Wyant RLA
A Fine Line Design
Post Office Box 163
High shoals NC 28077
Phone: [phone]
[e-mail]
Prepared For (Applicant):
Gary N. Wirth, ASLA
Wirth and Associates
1230 W. Morehead Street, Suite 212
Charlotte, NC 28208
Phone: [phone]
gwirth@wirthassociates. com
Note: All areas indicated as wetland, waters, or jurisdictional in this document are
subject to verification by the U.S. Army Corps
& North Carolina Division of Water Resources.
C n erre irw / P SIG1 • 140 Cffi- F— 163 • Hiy6 5l,,,I, 0 I''C • 28077 0 (7(4) )4GX79.3

Abersham Greenway
Allison Farm Park / Fisher Farm Park
Mecklenburg County, NC
Site Investigations Conducted July 1, 5, and 14, 2016
Site Context
The Abersham Greenway Study Area consists of a linear greenway route that is approxi-
mately 4.330 linear feet (82 mile) of existing trail and 4,435 linear feet (84 mile) of proposed new
trail. The trail route is located in Tax Parcel ID numbers 00304103 and 00311104 located in Mecklenburg
County, NC within existing Allison Farm Park and Fisher Farm Park. The existing trail consits of a
10' wide asphalt paved surface and is a part of the West Branch Greenway. The entire site is located
within the Yadkin River Basin and appears on the Cornelius, NC quad of the U.S. Geological Survey.
The site generally occurs within the sub -basin of West Branch Rocky River. The Study Area runs
generally in a north south direction and occurs parallel to the West Branch Rocky River. Historically,
the site has been used agriculture and pasture. A natural gas line easement occurs parallel to the trail
for a portion of the length of the undeveloped section.
The purpose of this project is to renovate portions of the existing trail, replace existing bridge
and stream crossings, construct new trail length, and construct new stream and swale crossings.
Purpose of StudX
This site investigation was conducted to determine if the site contains areas which would be
considered as wetlands or waters under sections 401 and 404 of the Clean Water Act and subject to
the permitting and regulatory authority of the U.S. Army Corps and the NC Division of Water Re-
sources. The study was conducted to identify the approximate location and extent of areas which
exhibit the field indicators of wetlands or surface waters and to delineate these areas in the field and
on a topographic map of the site.
Site Hydrologic Features
The primary watercourse in the vicinity of the site is West Branch Rock River (NC Stream
Index 13-17-3 and Hydrologic Unit Code 03 040105) within the headwaters of the Rocky River (TNW).
The site is parallel to West Branch Rocky River which is the nearest FEMA Floodplain downstream
of the site. Rocky River is the nearest Traditionally Navigable Water (TNW) located approximately
1.5 miles downstream from the nearest point of the Study Area. The entire length of West Branch
Rocky River is classified as C in the Water Quality Classifications for the Yadkin Pee Dee River.
The USGS quad map indicates that the route of the greenway does not cross named streams
named streams but is does cross three intermittent blue line streams at S-1, S-2, and S-7.
West Branch Rocky River and its tributaries are not listed as a 303(d) impaired stream.
National Wetland Inventory maps indicate that this site has no areas mapped as wetland.
Mecklenburg Polaris 3G GIS identifies three intermittent blue line streams at S-1, S-2, and S-7.
The entire route of the greenway is along the edge of the 100 year Flood Plain as identified by
FEMA and the Mecklenburg Polaris 3G GIS.
Four man-made ditches were identified at S-3, S-4, S-5, and S-8. There was no channel or
wetlands present at S-6, only a broad area of occasional surface flow.
e�ir�e / uESIGN • Post 0f{ice Box 163 0 H 9h Shoals 0 NC 0 28077 0 [phone]

Source: USGS 7.5 minute quad, Cornelius, NC
Abersham Greenway e scale: 1"=2000'
Mecklenburg County, NC NORTH Project Location

4855 ll/ SE
!M OF'£SVILLE"( `iP, 4y i0 1 4 70 000 FEE i 120 197,
-
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Source: USFWS National Wetlands Inventory, Cornelius, NC (199 1)
Abersham Greenway Scale: I"=2000'
Mecklenburg County, NC NORTH National Wetlands Inventory

Yadkin -Pee Dee River Basin
Name Index Number
Classification
Class Date
(Description
J
Special Designation
West Branch Rocky River
13-17-3
C
09/01/74
From source to Rocky River
West Camp Branch
12-46-2-2-3-1
C;Tr,ORW
12/01/92
From soruce to Cove Creek
West Double Creek
12-67-1
C
04/06/55
From source to East Double Creek
West Fork Little River
13-25-15
C
08/03/92
From source to Little River
West Prong Hamer Creek
13-25-37-2-1
C
09/01/74
From source to Middle Prong Hamer Creek
West Prong Little Yadkin River
12-77-1-(2)
WS -Iv
08/01/98
From a point 0.3 mile upstream of Stokes County Stokes County SR 1160 to Little Yadkin River
West Prong Little Yadkin River
12-77-1-(1)
C
08/01/98
From source to a point 0.3 mile upstream of Stokes County SR 1160
West Prong Moravian Creek
12-39-1
C
04/06/55
From source to Moravian Creek
West Prong Roaring River (North)
12-46-1-(5)
C
04/06/55
From Wilkes County SR 1731 to Roaring River
West Prong Roaring River (North)
12-46-1-(1)
C;Tr
07/01/73
From source to Wilkes County SR 1731
West Swan Creek
12-51-1-(1)
C
08/01/98
From source to a point 0.4 mile upstream of Wilkes County SR 2303
West Swan Creek
12-51-1-(2)
WS -Iv
08/01/98
From a point 0.4 mile upstream of Wilkes County SR 2303 to Swan Creek
J
Westfield Creek
13-46
C
08/03/92
From source to N.C.-S.C. State Line
Westmoreland Creek
12-108-21-3-1-4
C
04/06/55
From source to Weathers Creek
White Oak Creek
13-25-22-3
C
09/01/74
From source to Cedar Creek
White Oak Creek
13-25-14
C
08/03/92
From source to Little River
Thursday, February 09, 2012 Based on Classifications as of 20120208 Page 83 of 88

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Source: Mecklenburg County Polaris 3G GIS Topography
Scale: 1 "=300'
Abersham Greenway e GIS Topography
Mecklenburg County, NC NORTH Northern Section

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Source: Mecklenburg County Polaris 3G GIS Topography
Scale: 1 "=300'
Abersham Greenway GIS Topography
Mecklenburg County, NC NORTH Southern Section

l t�
� 4
} � v
Existing Paved Trail
J
4/I
S-2 A;reri is PSV
Repl4e h lv f
}
41
Match to Sheet ------------------ r —_ am-- -----
'I
I
i A
1A „ l h
Abersham Greenway
Allison Farm Park/Fisher Farm Park
Mecklenburg County, NC
Source: Wirth and Associates
Scale: I"=200'
Project Study Area Map
NORTH Sheet 1 of 3

3 -7—
\A',
` \A ',
S-2 Nt mall
Repla,Iiey ul
I
---------- til—�— +,--------------- Matchto Sheet 1
Existing Paved Trail
117
I
t 1`,
End Existing Trail
I '
- - _ _ S? Ephemeral i
Yeplacd culvert
with Swgle Bridge '
` 1
12
Proposed New Trail
PHASE LINE b, ,
e
lvui S ♦� 1 � \ ��
-4 Ephemeral Ditch _
I !I
WW V ' y "� �--pYand Sample Plot 1-A �
w Swale Bridge
1
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., .
I
-
i111,
/S-5 Ephemer 1 Ditch
New Swale B
1`y y ♦'`' � f 1, , ,' _ �yti- -�+
Match to Sheet 3
Source: Wirth and Associates
Abersham Greenway
Allison Farm Park/Fisher Farm Park
Mecklenburg County, NC
Scale: F=200'
Project Study Area Map
NORTH Sheet 2 of 3

16=Match to Sheet 2
,
E r
„
\ \ s \
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ew"ulvert Crossing
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New Swale Brid
\� \ 1 kW6YA PiI�NEfT � � \.♦ \` ' �� � ( .f'� �.,,� ti p�'
l
Abersham Greenway
Allison Farm Park/Fisher Farm Park
Mecklenburg County, NC
Source: Wirth and Associates
Scale: I"=200'
Project Study Area Map
NORTH Sheet 3 of 3

Soils
The soils of the site have been mapped by the Mecklenburg County NRCS and are found on
sheet 2 of the Mecklenburg County Soil Survey (MRCS June 1980) and on the USDA-NRCS Web
Soil Survey.
Soils which have been mapped for this siteconsit of the following series:
MO Monocan Loam, 0 to 2% slopes, Frequently Flooded
HeB Helena Sandy Loam, 1 to 8% slopes
None of the soil series on this site are mapped as being entirely hydric, however both the
Monocan and Helena soils are listed by the NRCS as having hydric inclusions in depressions.
Undisturbed upland soils exhibited very high chroma matrix colors throughout the profile
with colors of 10YR4/4 to 7.5YR 4/4 occurring to a depth of at least 16 inches. The soils at Sample
Plot 2-13 have been disturbed by grading, fill, and road access for the construction of a natural gas
pipeline in 2013.
Pronounced indicators of hydric soils were not observed at sample plot locations of the site.
It is expected that although these areas may experience occasional overbank flooding, they are not
subject to prolonged periods of saturation or inundation.
e�ir�e / uESIGN • Post 0f{ice Box 163 0 H 9h Shoals 0 NC 0 28077 0 [phone]

Source: USDA-NRCS Web Soil Survey Mecklenburg County
Abersham Greenway e scale: I"=1500'
Mecklenburg County, NC NORTH USDA-NRCS Soils

a r oa rpC
e ?yam PaE CeD2 CeD2
B2 f¢ A
. MO C� e •.• e�
' %10Ge 32 ti ��' i1
C3
3 C'- G�� �'aE CeB2 �. `Ove, CeB 2
CeD2
\ PaE
C,
Ce62�f �. PaE
O
MeD iW0 PaE �� �� a
16,199 2
MeB t,. CeD2 j
R, CeD2 l
'A MeB CeD2
��� �� 4
32 s
Ens '1 Q
EnD co CeB2 CeD2
CeD2 QaE
t
w \
CeD2 PaE hti, M CeD2 MO
'r
MeB
CeB2 CeD2 MO 1' '
w � • rp eq� �' ca
�� 3:w MeD �
EnB
CeB2 0
r, E n B ,%� C
© % / CeD2 e�2Jt
EnD
MeB---_-__--_ -_
EnB VaB MeB
Eng CeB2 �y
CeB2': 2420 v
M e D
MeB
HeB CeD2 2418
Source: USDA-NRCS Soil Survey for Mecklenburg County, Sheet 2
Abersham Greenway e Scale: 1"=2000'
Mecklenburg County, NC NORTH Project Location

U. S. DEPARTMENT OF AGRICULTURE
Soil Conservation Service
Technical Guide
Section II -A-2
March 1990
HYDRIC SOILS
Mecklenburg County, North Carolina
Hydric codes (HC): 1 - hydric soils, only because of saturation for
a significant period during the growing season;
2 - hydric soils that are frequently flooded for
long or very long periods during the growing
seasc::; and
3 - hydric soils that are ponded for long or very
long periods during the growing season.
Vegetation codes (VC): 1 - hydric soils that support woody vegetation under
natural conditions; and
2 - hydric soils that do not support woody vegetation
under natural conditions.
Hydric soils in this county cannot be farmed under natural conditions without
removing woody vegetation or hydrology manipulation.
A. Map units that are all hydric soils or have hydric soils as a major component.
Map Unit
Symbol HC VC Map Unit Name
NONE
B. Map units with inclusions of hydric soils or have wet spots.
Map Unit Hydric Normal location
Symbol Map Unit Name Inclusion HC VC of Inclusion
HeB Helena sandy loam, 2 to poorly 1 1 depressions
8percent slopes drained along drainageways
soils
IrA Iredell fine sandy loam, poorly 1 1 depressions
0 to 1 percent slopes drained
soils
Mo Monacan loam poorly 1 1 depressions
drained adjoining upland
soils sideslopes
Hydric Soils List, USDA NRCS,
Mecklenburg County, NC

Vegetation Communities
The majority of the length of the existing and proposed trail route goes mostly through areas
of mowed grass uplands. A short section of the existing paved trail between S-3 and S-4 goes
through a n existing forested area. Trees occur for short distances at other points along the trail route
where it crosses surface drainage features such as tributaries and ditches. The natural gas pipeline
between S-4 and S-7 is comprised of herbaceous upland successional species. The proposed trail
route only crosses this commmunity in one location.
The section of trail route between S-7 and S-8 occurs along the edge of a recently constructed
natural gas pieline easement. This area was previously forested and has regrown in a mix of hydro-
phytic and non-hydrophytic herbaceous successional vegetation dominated by Juncus effusus in the
lower areas. The sample plot conducted at 2-13 has identified a dominance of hydrophytic vegetation
along the edge of the remaining forest but the soils and hydrology indicate that the area does not
remain saturated or inundated for significant perids followng occasional flooding
The distribution of dominant species corresponds strongly with topographic position and
observation of changes in soil characteristics and hydrologic indicators. In the lowest portions of the
site the dominant species were entirely hydrophytic. The majority of the route of the existing and
proposed trail occur in maintained grassed upland.
e�ir�e / uESIGN • Post 0f{ice Box 163 0 H 9h Shoals 0 NC 0 28077 0 [phone]

Abersham Greenway
Mecklenburg County, NC
Source: Mecklenburg County Polaris 3G GIS 2016 Aerial Photography
Scale: I"=300'
2016 Aerial Photography
NORTH Southern Section

Wetland Determination Methodoloa
Those portions of the site which have been identified as jurisdictional under Section 404 of
the Clean Water Act or Section 10 of the Rivers and Harbors Act include waters and wetland areas
which satisfy the definition of a wetland in the Xorps of Engineers Wetlands Delineation Manual,
Technical Report Y-87-11] January 1987, U.S. Army Corps Environmental Laboratory and subse-
quent Corps and DWQ guidance. Methodology used in this study include the use of the 1987 Corps
of Engineers Wetland Delineation Manual, Interim Regional Supplement to the Corps of Engineers
Wetland Delineation Manual: Eastern Mountains and Piedmont Region Environmental Laboratory
U.S. Army Corps of Engineers July 2010, U.S. Supreme Court and U.S. EPA guidance for determi-
nation of Significant Nexus, and the North Carolina Division of Water Quality Methodology for
Identification of Intermittent and Perennial Streams and Their Origins Version 4.11 Effective Date:
September 1, 2010. Jurisdiction may potentially be identified as Traditionally Navigable Waters
(TNW), Perennial Streams, Relatively Permanent Waters (Intermittent RPW), Seasonal Intermittent
RPW, Intermittent Non-RPW, Impoundments, Adjacent Wetlands, and Abutting Wetlands. Ephem-
eral Channels and Isolated Waters are typically not jurisdictional without a Significnt Nexus Deter-
mination.
A routine on-site determination method utilizing the multi -parameter approach was imple-
mented to identify the upper wetland boundary of all areas which satisfy the three parameters as
described in the manual:
1. Hydrophytic Vegetation
2. Hydric Soils
3. Wetland Hydrology
The following methodology was utilized to make the determination:
1. Preliminary data gathering and synthesis.
Data sources include:
USGS Quadrangle Maps
National Wetlands Inventory Maps
USDA-NRCS Soil Survey for Mecklenburg County
Mecklenburg County Flood Data
Mecklenburg County topography & tax parcel data
Mecklenburg County aerial photography
Applicant provided plat map documents
2. Selection of Routine on-site Determination Method
3. Identification of Plant Community Types
The site was divided into its major vegetation communities for charactization. Those portions
of the site which exhibited characteristic hydrophytic vegetation were reviewed for presence of
hydric soils and evidence of wetland hydrology.
4. Transects were established approximately perpendicular to the major water courses for location of
sample observation points.
5. Observation points were located along transects within each major vegetation community to
observe and record the characteristics of hydrophytic vegetaion, hydric soils and wetland hydrol-
ogy.
e�ir�e / uESIGN • Post 0f{ice Box 163 0 H 9h Shoals 0 NC 0 28077 0 [phone]

Each sample observation point (sample plot) consisted of one or more 18-24" deep test pits
dug with a spade to characterize soils and hydrology, and a thirty foot radius area to characterize
tree and woody vine species; a fifteen foot radius area to characterize a representative sample of
the sapling, shrub and woody vine species; and a five foot radius to document herbaceous plant
species. All observed data was recorded on an appropriate Data Form as well as notation of
Atypical Conditions and Normal Environmental Conditions. A determination was made whether
or not the sample plot was a wetland based upon available and observed data. Sample plots are
identified in the field with numbered pink and orange surveyor's flagging.
If a wetland/non-wetland determination was made at a sample plot, an upper wetland bound-
ary was assumed to occur between wetland plots and non -wetland plots. Numerous additional
test pits were dug along each transect to identify the boundary location. Once boundaries had
been located along each transect, the characteristics at this point were utilized to determine the
boundary location between transects until the entire site had been divided into wetland and non -
wetland areas. This boundary was then confirmed and adjusted through the use of visual obser-
vation and additional test pits on either side of the line. Soil profiles were observed using a Dutch
auger and a one inch tube sampler. Estimated wetland boundaries were measured in the field and
sketched on a topographic map of the site.
There were no areas identified as wetland within the Study Area rout of the existing or
proposed trail alignment.
6. Tributary channels on the site were demarcated and recorded by walking the length of the
channel for fifty feet upstream and downstream of the existing or proposed crossing. Stations were
established at a typical and representative location along the channel length for observation, pho-
tography and measurement. Representative transect stations were marked in the field with labelled
with pink and orange surveyor's flagging. Measurements which were taken include: top width,
bottom width, depth of channel (left bank and right bank), width and depth of water, and notation if
flow was occurring at the observation point. A stream evaluation form for the USACE and NCDWR
was prepared for a typical portion of the channel to observe and record channel characteristics and
any special features associated with the chanel. Photographs were taken along the length of each
channel. The location of all transects and channels were noted on a topographic base map of the
site.
Jurisdictional tributary channels were flagged with blue and white surveyor's flagging along
both sides for an approximate distance of 100 feet. Each flag has a unique number and has been
keyed to a sketch map of the site.
e�ir�e / UESIGN • Post 0f{ice Box 163 0 H 9h Shoals 0 NC 0 28077 0 [phone]

References
Site Base Topography and Boundary provided by Mecklenburg County Polaris 3G Geographic
Information System (GIS) and Wirth and Associates.
Corps of Engineers Wetlands Delineation Manual TR YR -87-1, 1987, U.S. Army Corps
Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern
Mountains and Piedmont Region Environmental Laboratory U.S. Army Corps of Engineers July
2010.
U.S. Supreme Court and U.S. EPA guidance for determination of Significant Nexus.
North Carolina Division of Water Quality Methodology for Identification of Intermittent and Peren-
nial Streams and Their Origins Version 4.11 Effective Date: September 1, 2010.
N.C. Wetland Assessment Method (NC WAM)
User Manual, Prepared by the N.C. Wetland Functional Assessment Team
Version 4.1. October 2010
USGS 7-1/2 minute Cornelius, NC (1993) Quad maps
USFWS National Wetlands Inventory, Cornelius, NC Quad maps, 1991
Classifications & Water Quality Standards Assigned to the Waters of the Yadkin Pee Dee River
Basin, NCDENR, Raleigh, North Carolina
USDA -PLANTS Database, Wetland Indicator Status
National List of Plant Species Which Occur in Wetlands, 1988, US FWS
Soil Survey of Mecklenburg County, Sheet 2, September 1988, USDA NRCS (SCS)
USDA-NRCS Web Soil Survey
Hydric Soils of the United States, 1990, NTCHS / SCS
Munsell Soil Color Charts, 2000, Kollmorgen Corporation.
Manual of the Vascular Flora of the Carolinas, June 1987, Albert E. Radford.
Aquatic andWetland Plants of the Southeastern United States,Monocotyledons, 1979, Godfrey and
Wooten
Aquatic and Wetland Plants of the Southeastern United States, Dicotolyledons, 198 1, Godfrey and
Wooten
Field Guide to Trees and Shrubs, 1972, George A. Petrides
Field Guide to the Grasses, Sedges, and Rushes of the U.S., 1980, Edward Knobel
Fruit and Twig Key to Trees and Shrubs, 1946, William M. Harlow
Wildflowers of North America, 1984, Frank D. Venning
Manual of the Grasses of the United States (two volumes), 1950 & 1971, Hitchcock.
e�ir�e / uESIGN • Post 0f{ice Box 163 0 H 9h Shoals 0 NC 0 28077 0 [phone]

Summary of Channel and Wetlands Findings
Abersham Greenway Study Area
Site Investigations Conducted July 1, 5, and 14, 2016
404 JURISDICTIONAL WETLANDS WERE NOT OBSERVED ON THIS SITE
Wetlands
Sample Plot # Preliminary Jurisdictional Determination (JD)
WL -1-A Area determined to be Not Jurisdictional
Hydrophytic vegetation, Soils not hydric, No wetland hydrology
WL -2-B Area determined to be Not Jurisdictional
Hydrophytic vegetation, Soils not hydric, No wetland hydrology
THREE JURISDICTIONAL PERENNIAL RPWs OBSERVED ON THIS SITE
Stream
Transect Drainage Length USACE NCDWR JD Classification
Area On -Site Score Score
S-1
0102.4 acre
1001f
53
35.0
Perennial RPW
S-2
0187.2 acre
100 if
51
33.0
Perennial RPW
S-7
0173.0 acre
1001f
35
32.5
Perennial RPW
ONE NON -JURISDICTIONAL DITCH IN UPLAND WAS OBSERVED ON THIS SITE
Streams
Transect
Drainage
Length
USACE
NCDWR
JD Classification
Area
On -Site
Score
Score
S-3
05 acre
100
41
8.25
Ephemeral Non-RPW
Ditch in Upland (No JD)
S-4
05 acre
50
-
4.25
Ephemeral Non-RPW
Ditch in Upland (No JD)
S-5
05 acre
50
34
9.0
Ephemeral Non-RPW
Ditch in Upland (No JD)
S-6
05 acre
No Channel Present
S-8
05 acre
50
45
13.0
Ephemeral Non-RPW
Ditch in Upland (No JD)
Note: All areas indicated as wetland or jurisdictional in this document are subject to
verification by the U.S. Army Corps & North Carolina Division of Water Resources.
rae�ir2e / DESIGN - Post Office Dox 163 0 Hig6 SkAs 0 NC 0 28077 0 [phone]

r;
. " , � � •; Tom*' '�. '
7,71
T
N
4. '1
to L!
r+c = . .:r �r. �; " F �� �_ Ali`; � Y` •. �
c
r

Existing Trail Between S-1 and S-2 Looking North
Existing Trail Between S-1 and S-2 Looking South
Abersham Greenway Site Photographs
Mecklenburg County, NC Existing Trail
7ze�c�ze / f]ESIGN • post office Boz 163, Higi A..k, NC 28077 0 [phone]

Existing Trail Between S-1 and S-2 Looking North
Existing Trail Between S-1 and S-2 Looking South
Abersham Greenway
Mecklenburg County, NC
C ne�rr�e / DESIGN • Post Offs- B.. 163,
Site Photographs
Existing Trail
Hiq6 6�als, NC 28077 0 (7(4) 240-0793

Existing Trail Between S-2 and S-3 Looking North
Existing Trail Between S-2 and S-3 Looking South
Abersham Greenway
Mecklenburg County, NC
� ne�irne / DESIGN • Post Offs- B.. 163,
Site Photographs
Existing Trail
Hiq6 6 06, Nc 28077 0 (7(4) 240-079.3

Existing Trail Between S-3 and S-4 Looking North
Existing Trail Between S-3 and S-4 Looking South
Abersham Greenway
Mecklenburg County, NC
C ne�rr�e / DESIGN • Post Offs.. B., 163,
Site Photographs
Existing Trail
H qh shoals, NC 28077 0 [phone]

Proposed Trail Between S-4 and S-5 Looking North
Proposed Trail Between S-4 and S-5 Looking South
Abersham Greenway
Mecklenburg County, NC
C ne�rr�e / DESIGN • Post Offs.. B., 163,
Site Photographs
Proposed Trail
H qh shoals, NC 28077 • [phone]

4
'/'
Proposed Trail Between S-4 and S-5 Looking North
Proposed Trail Between S-4 and S-5 Looking South
Abersham Greenway Site Photographs
Mecklenburg County, NC Proposed Trail
7ze�c�ze / f]ESIGN • post office Boz 163, h9L A..k, NC 28077 0 [phone]

Proposed Trail Between S-4 and S-5 Looking North
Proposed Trail Between S-4 and S-5 Looking South
Abersham Greenway
Mecklenburg County, NC
C ne�rr�e / DESIGN • Post Offs.. B., 163,
Site Photographs
Proposed Trail
H qh shoals, NC 28077 0 [phone]

Proposed Trail Between S-6 and S-7 Looking North
Proposed Trail Between S-6 and S-7 Looking South
Abersham Greenway Site Photographs
Mecklenburg County, NC Proposed Trail
CJ� ne�irne / DESIGN • Post Offs- B.. 163, Hiq6 6�als, NC 28077 0 [phone]

Proposed Trail Between S-6 and S-7 Looking North
Proposed Trail Between S-6 and S-7 Looking South
Abersham Greenway Site Photographs
Mecklenburg County, NC Proposed Trail
0'/���i/er `Y("Y?c / DESIGN 0 P,,t Offiw F, � 16:3, Hiq6 ,6�-�I,, NC 2807'7 0 (7(_14) ,240.07)3

n1'- A Y�y�L3

Proposed Trail Between S-7 and S-8 Looking North in Gas Line
Proposed Trail Between S-7 and S-8 Looking South in Gas Line
Abersham Greenway
Mecklenburg County, NC
C ne�rr�e / DESIGN • Post Offs.. B., 163,
Site Photographs
Proposed Trail
H qh shoals, NC 28077 0 [phone]

Proposed Trail Between S-7 and S-8 Looking North in Gas Line
Proposed Trail Between S-7 and S-8 Looking South in Gas Line
Abersham Greenway Site Photographs
Mecklenburg County, NC Proposed Trail
7ze�c�ze / f]ESIGN • post office Boz 163, h9L A..k, NC 28077 0 [phone]

Proposed Trail Between S-8 and End of Trail North in Gas Line
Proposed Trail Between S-8 and End of Trail South in Gas Line
Abersham Greenway Site Photographs
Mecklenburg County, NC Proposed Trail
7ze�c�ze / IESIGN • post office daz 163, Higi A..k, NC 28077 0 [phone]

NC DWQ Stream Identification Form Version 4.11
Stream S-1
Date. 7-1-16
Pr*ctfSlte: Abersham Greenway
Latitude: 35.5001
Evaluator: Craig R. Wyant RLA/SWS
County: Mecklenburg
Longitude: -80.8088
Total Points:
Stream Determination (circle one
Other
Stream 1patsl; if*e rar 35.0
Ephemeral Intermitte Perennial
a -g- Quad Name:
30
0 1
2
A. Geomorphology (Subtotal =_ 18.5 _}
Absent Wreak
Moderates
Strong
18, Continuity of channel bed and bank
2. Sinuosity of channel along thalweg
0 1
0 1
2
CD
O
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0 13
-0.5
3
4. Particle size of strearn substrate
0 1
2
3
S. ActivelreIict floodplain
0 1
V 2
3
6. Depositional bars or benches
a 1
2
30
7. Recent alluvial deposits
t➢ 1
2
3
3
S. Headcuts CO) 1 2
9. Grade control
0 0.5
1
1.6
10. Natural valley
0 0.6
OD
1.6
11. Second or greater order channel
n = [l
Yes
= 3
artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal = _ 9.5 __)
12. Presence of Baseflow
0 1
2
0
13. Iron oxidizing bacteria
0 1
2
3
14. Leaf litter
1.5 1
-0.5
0
15. Sediment on plants or debris
0 0.
1
1.5
16. Organic debris lines or piles
17. Soil -based evidence of high +,eater table?
0 0.5
No = O
1
1.5
es = 3
G. Bi -0109Y (Subtotal =
18. Fibrous roots in stream bed
3
2)
1
0
19. Rooted upland plants in streambed
2
1
0
20. Macrobenthos (note diversity and abundance)
0
1
2
3
21. ,aquatic Mollusks
0
1
2
3
22. Fish
0
1
1.5
23, Crayfish
0
.5
1
1.5
24. ,amphibians
0
0.
1
1.5
25. Algae
0
1
1.5
26. Wetland plants in streambed
FACW = 0.75; 0 B L =
1.S
ther = 0
"perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch: S-1.6 5-1.5
22'
S-1.7 S-1.4
Bridge
8'
6, 8'
S-1.8 S-1.3
S-1.9
24"
water in channel
5-1.2
S-1.10
S-1.11 S-1.1
4'

OFFICE USE ONLY: USACE AID# DWQ #
Perennial Stream Transect S-1
STREAM QUALITY ASSESSMENT WORKSHEET
1. Applicant's Name: Mecklenburg County 2. Evaluator's Name: Craig R. Wyant RLA/SWS
3. Date of Evaluation: 07-01-16 4. Time of Evaluation: AM
5. Name of Stream: West Branch Rocky River 6. River Basin: Yadkin
7. Approximate Drainage Area: 102.4 acres 8. Stream Order: First
9. Length of Reach Evaluated: 100 if 10. County: Union
11. Location of reach under evaluation (include nearby roads and landmarks): From Main Street in Davidson take Concord Road east
to Grey Road on left. Follow Grey Road to Allison Farm Park entrance on right. Take Abersham Drive to parking trail head.
12. Site Coordinates (if known): N35.50010. W80.80880
13. Proposed Channel Work (if any): unknown
14. Recent Weather Conditions: No in past 24 hours
15. Site conditions at time of visit: Sunny: 80 degrees
16. Identify any special waterway classifications known: _Section 10 _Tidal Waters _Essential Fisheries Habitat
_Trout Waters _Outstanding Resource Waters Nutrient Sensitive Waters _Water Supply Watershed (I-IV)
17. Is there a pond or lake located upstream of the evaluation point? ES NO If yes, estimate the water surface area: .4 ac
18. Does channel appear on USGS quad map? EDNO 19. Does channel appear on USDA Soil Survey? (a NO
20. Estimated Watershed Land Use: 0 % Residential 0 % Commercial 0 % Industrial 0 % Agricultural
70 % Forested 20 % Cleared / Logged 10% Other (-Loads)
21. Bankfull Width: 8' 22. Bank Height (from bed to top of bank): 9'
23. Channel slope down center of stream: _Flat (0 to 2%) X Gentle (2 to 4%) _Moderate (4 to 10%) _Steep (>10%)
24. Channel Sinuosity: Straight X Occasional Bends _Frequent Meander _Very Sinuous _Braided Channel
Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on
location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each
characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the
worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or
weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character
of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more
continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of
100 representing a stream of the highest quality.
Total Score (from reverse): 53 Comments:
Evaluator's Signature ("1 A4D� Date 07-01-16
This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in
gathering the data required by the United States Army Corps of Engineers in order to make a preliminary assessment of
stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a
particular mitigation ratio or requirement. Form subject to change — version 05/03 .

STREAM QUALITY ASSESSMENT WORKSHEET
Perennial Stream S-1
* These characteristics are not assessed in coastal streams.
ECOREGION POINT
RANGE
#
CHARACTERISTICS
SCORE
Coastal
Piedmont
Mountain
1
Presence of flow / persistent pools in stream
0-5
0 — 4
0-5
4
(no flow or saturation = 0; strong flow = max points)
2
Evidence of past human alteration
0-6
0-5
0-5
4
(extensive alteration = 0; no alteration = max points)
3
Riparian zone
0-6
0-4
0-5
3
(no buffer = 0; contiguous, wide buffer = max points)
4
Evidence of nutrient or chemical discharges
0-5
0 — 4
0-4
4
(extensive discharges = 0; no discharges = max points)
*4
5
Groundwater discharge
0-3
0-4
0-4
4
U(no
discharge = 0; springs, seeps, wetlands, etc. = max points)
6
Presence of adjacent floodplain
0-4
0-4
0-2
2
(no floodplain = 0; extensive floodplain = max points)
Entrenchment / floodplain access
0— 5
0— 4
0— 2
0
0.
(deeply entrenched = 0; frequent flooding = max points)
8
Presence of adjacent wetlands
0-6
0-4
0-2
0
(no wetlands = 0; large adjacent wetlands = max points)
9
Channel sinuosity
0-5
0-4
0-3
3
(extensive channelization = 0; natural meander = max points)
10
Sediment input
0-5
0-4
0-4
1
(extensive deposition= 0; little or no sediment = max points)
1 1
Size & diversity of channel bed substrate
NA*
0-4
0 — 5
2
(fine, homogenous = 0; large, diverse sizes = max points)
12
Evidence of channel incision or widening
0-5
0-4
0-5
0
�0
(deeply incised = 0; stable bed & banks = max points)
�
13
Presence of major bank failures
0-5
0-5
0 — 5
0
04
(severe erosion = 0; no erosion, stable banks = max points)
MRoot
14
depth and density on banks
0 — 3
0 — 4
0 — 5
H
(no visible roots = 0; dense roots throughout = max points)
15
Impact by agriculture or livestock production
0-5
0 — 4
0-5
4
(substantial impact =0; no evidence = max points)
16
Presence of riffle-pool/ripple-pool complexes
0-3
0-5
0-6
3
(no riffles/ripples or pools = 0; well-developed = max points)
1
Habitat complexity
0-6
0 — 6
0-6
3
(little or no habitat = 0; frequent, varied habitats = max points)
M
18
Canopy coverage over streambed
0-5
0-5
0-5
5
x
(no shading vegetation = 0; continuous canopy = max points)
19
Substrate embeddedness
NA*
0-4
0-4
3
(deeply embedded = 0; loose structure = max)
20
Presence of stream invertebrates
0-4
0-5
0-5
0
1:
(no evidence = 0; common, numerous types = max points)
21
Presence of amphibians
0-4
0-4
0-4
1
C
(no evidence = 0; common, numerous types = max points)
04
22
Presence of fish
0-4
0 — 4
0-4
1
0
(no evidence = 0; common, numerous types = max points)
23
Evidence of wildlife use
0-6
0-5
0-5
4
(no evidence = 0; abundant evidence = max points)
Total Points Possible
100
100
100
100
TOTAL SCORE (also enter on first page)
53
* These characteristics are not assessed in coastal streams.

Stream Transect S-1 View of Existing Bridge
Stream Transect S-1 View of Existing Bridge
Abersham Greenway
Mecklenburg County, NC Stream Transect S-1
7ze�c�ze / IESIGN • post office daz 163, h9L A..k, NC 28077 0 [phone]

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): 7-13-16
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:North Carolina County/parish/borough: Mecklenburg Ci : Charlotte
Center coordinates of site (lat/long in degree decimal format): Lat. 35.5001' 1, Long. -80.8088° W.
Universal Transverse Mercator:
Name of nearest waterbody: West Branch Rocky River
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Rocky River
Name of watershed or Hydrologic Unit Code (HUC): 03040105
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: 7-1-16
L Field Determination. Date(s): 7-1-16, 7-5-16
SECTION H: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
❑ Waters subject to the ebb and flow of the tide.
❑ Waters are presently used, or have been used in the past, or maybe susceptible for use to transport interstate or foreign commerce
Explain: Trade using small craft to SC stae border during high water.
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. [Required]
1. Waters of the U.S.
a. indicate presence of waters of U.S. in review area (check all that apply): 1
❑ TNWs, including territorial seas
❑ Wetlands adjacent to TNWs
® Relatively permanent waterS2 (RPWs) that flow directly or indirectly into TNWs
❑ Non-RPWs that flow directly or indirectly into TNWs
❑ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
❑ Impoundments of jurisdictional waters
❑ Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non -wetland waters: 100 linear feet: 6 width (ft) and/or acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (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.
2 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 III.F.

SECTION HI: 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.1. 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 OF TRIBUTARY (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 III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts
and EPA regions will include in the record any available information that documents the existence of a significant nexus
between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable
water, even though a significant nexus finding is not required as a matter of law.
If the waterbody4 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 III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that
tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.0 below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 102.0 acres
Drainage area: 102.0 acres
Average annual rainfall: 42 inches
Average annual snowfall: 6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
® Tributary flows through 2 tributaries before entering TNW.
Project waters are 2-5 river miles from TNW.
Project waters are 1 (or less) river miles from RPW.
Project waters are 2-5 aerial (straight) miles from TNW.
Project waters are 1 (or less) aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5: UT to West Branch to South Prong to Rocky River.
Tributary stream order, if known: First to Second.
° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.

(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: 22 feet
Average depth: 9 feet
Average side slopes: M.
Primary tributary substrate composition (check all that apply):
® Silts ® Sands ❑ Concrete
❑ Cobbles ® Gravel ❑ Muck
❑ Bedrock ❑ Vegetation. Type/% cover:
0 Other. Explain: natural soils.
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: generally stable.
Presence of run/riffle/pool complexes. Explain: Not present.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 1 %
(c) Flow:
Tributary provides for:
Estimate average number of flow events in review area/year: 20 (or greater)
Describe flow regime: perennial.
Other information on duration and volume:
Surface flow is: Confined. Characteristics:
Subsurface flow: Unknown. Explain findings: g.
❑ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
® OHWM6 (check all indicators that apply):
® clear, natural line impressed on the bank
® changes in the character of soil
shelving
® vegetation matted down, bent, or absent
® leaf litter disturbed or washed away
® sediment deposition
❑ water staining
❑ other (list):
ElDiscontinuous OHWM.' Explain:
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
IN High Tide Line indicated by: E 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: Clear flow, good water quality.
Identify specific pollutants, if known:
'A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.

(iv) Biological Characteristics. Channel supports (check all that apply):
® Riparian corridor. Characteristics (type, average width): Narrow forest corridor on both isdes.
❑ 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: Forest wildlife tracks observed.
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. Explain:
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. Explain findings:
❑ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
❑ Ecological connection. Explain:
❑ Separated by berm/barrier. Explain:
(d) Proximily (Relationship) to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the floodplain.
(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 for:
❑ Federally Listed species. Explain findings:
❑ 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
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: N/A.
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 III.D:
Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D: N/A.
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
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.
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: Visual observation and use of stream assessment forms to document field characteristics.
❑ 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:

Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: 100 linear feet width (ft).
Other non -wetland waters: acres.
Identify type(s) of waters:
Non-RPWss that flow directly or indirectly into TNWs.
® Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
Tributary waters: linear feet width (ft).
Other non -wetland waters: acres.
Identify type(s) of waters:
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 that 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 III.13 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional 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 are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: 0 acres.
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 TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: 0 acres.
Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
❑ Demonstrate that impoundment was created from "waters of the U.S.," or
❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
❑ Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE 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:
'See Footnote # 3.
'To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 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.

® Other factors. Explain:
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
❑ Tributary waters: linear feet width (ft).
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
❑ Wetlands: acres.
F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
❑ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
Ll Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
udgment (check all that apply):
Non -wetland waters (i.e., rivers, streams): linear feet width (ft).
Lakes/ponds: acres.
Other non -wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
Non -wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakes/ponds: acres.
Other non -wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
® U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
® USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: Cornelius, NC (1993).
® USDA Natural Resources Conservation Service Soil Survey. Citation:USDA-NRCS Web Soil Survey, Mecklenburg County, NC.
® National wetlands inventory map(s). Cite name:Comelius, NC.
® State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date):Mecklenburg County GIS, 2012 through 2016.
or ® Other (Name & Date):On site photographs, 7-1-16 and 7-5-16.
® Previous determination(s). File no. and date of response letter: .
❑ Applicable/supporting case law:
❑ Applicable/supporting scientific literature:
® Other information (please specify): site investigations, 7-1-16 and 7-5-16.
B. ADDITIONAL COMMENTS TO SUPPORT JD:

NC DWQ Stream Identification Form Version 4.11
Stream S-2
Date. 7-1-16
Pr*ctfSlte: Abersham Greenway
Latitude: 35.4945
Evaluator: Craig R. Wyant RLA/SWS
County: Mecklenburg
Longitude: -80.8052
Total Points:
Stream Determination (circle one
Other
Str-
at s, i if*e 30ratff 33.0
Ephemeral Intermitte Perennial
a -g- Quad Name:
19 or
2
3
A. Geomorphology (Subtotal =_ 17.0 _)
Absent
Wreak
Moderates
Strong
18, Continuity of channel bed and bank
2. Sinuosity of channel along thalweg
0
0 j
1
1
2
2
O
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
o®
16. Organic debris lines or piles
17. Soil -based evidence of high +,eater table?
2
3
4. Particle size of strearn substrate
0
1
2
3
S. ActivelreIict floodplain
0
0
2
3
6. Depositional bars or benches
a
1
2
S
7. Recent alluvial deposits
S. Headcuts
t➢
0
1
1
2
2
3
3
9. Grade control
0
0.5
1
1.5
10. Natural valley
0
.S
1
1.5
11. Second or greater order channel
No=
C
es = 2
s artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal = _ 8.5 __)
12. Presence of Baseflow
0 1 2
0
13. Iron oxidizing bacteria
0 1 2
3
14. Leaf litter
1. 1 -0.5
0
15. Sediment on plants or debris
0 0. 1
1.5
16. Organic debris lines or piles
17. Soil -based evidence of high +,eater table?
0 1
No = 0
1.5
es =
G. Biology (Subtotal = __7�5_e)
18. Fibrous roots in stream bed
3
2
1
0
19. Rooted upland plants in streambed
3
2
1
1
2
0
3
20. Macrobenthos (note diversity and abundance)
21. ,aquatic Mollusks
0
1
2
3
22. Fish
0
0.5
1
1.5
23, Crayfish
0
.5
1
1.5
24. ,amphibians
0
0.
1
1
1.5
1.5
25. Algae 0
26. Wetland plants in streambed
FACW = 0.75;
0 B L = 1.5 ther = 0
"perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
S -1.5C
Sketch: S-2.11
S-2.10
S-2.9
S-2.8
S-2.7
S-2.1
S-2.2
S-2.3
20' Pipe
S-2.4 46' Rip Rap
S-2.5 Existing
S-2.6
10'
�
g'
5 5 >4
2'
Upstream of Culvert
12'
7 7'
7'
Downstream of Culvert

OFFICE USE ONLY: USACE AID# DWQ #
Perennial Stream Transect S-2
STREAM QUALITY ASSESSMENT WORKSHEET
1. Applicant's Name: Mecklenburg County 2. Evaluator's Name: Craig R. Wyant RLA/SWS
3. Date of Evaluation: 07-01-16 4. Time of Evaluation: AM
5. Name of Stream: West Branch Rocky River 6. River Basin: Yadkin
7. Approximate Drainage Area: 187.2 acres 8. Stream Order: First
9. Length of Reach Evaluated: 100 if 10. County: Union
11. Location of reach under evaluation (include nearby roads and landmarks): From Main Street in Davidson take Concord Road east
to Grey Road on left. Follow Grey Road to Allison Farm Park entrance on right. Take Abersham Drive to parking trail head.
12. Site Coordinates (if known): N35.49450. W80.80520
13. Proposed Channel Work (if any): unknown
14. Recent Weather Conditions: No in past 24 hours
15. Site conditions at time of visit: Sunny: 80 degrees
16. Identify any special waterway classifications known: _Section 10 _Tidal Waters _Essential Fisheries Habitat
_Trout Waters _Outstanding Resource Waters Nutrient Sensitive Waters _Water Supply Watershed (I-IV)
17. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area:
18. Does channel appear on USGS quad map? EDNO 19. Does channel appear on USDA Soil Survey? YES
20. Estimated Watershed Land Use: 0 % Residential 0 % Commercial 0 % Industrial 0 % Agricultural
75 % Forested 20 % Cleared / Logged 5% Other (-Loads)
21. Bankfull Width: 8' 22. Bank Height (from bed to top of bank): 5'
23. Channel slope down center of stream: _Flat (0 to 2%) X Gentle (2 to 4%) _Moderate (4 to 10%) _Steep (>10%)
24. Channel Sinuosity: Straight X Occasional Bends _Frequent Meander _Very Sinuous _Braided Channel
Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on
location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each
characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the
worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or
weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character
of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more
continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of
100 representing a stream of the highest quality.
Total Score (from reverse): 51 Comments:
Evaluator's Signature ("1 A4D� Date 07-01-16
This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in
gathering the data required by the United States Army Corps of Engineers in order to make a preliminary assessment of
stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a
particular mitigation ratio or requirement. Form subject to change — version 05/03 .

STREAM QUALITY ASSESSMENT WORKSHEET
Perennial Stream S-2
* These characteristics are not assessed in coastal streams.
ECOREGION POINT
RANGE
#
CHARACTERISTICS
SCORE
Coastal
Piedmont
Mountain
1
Presence of flow / persistent pools in stream
0-5
0 — 4
0-5
4
(no flow or saturation = 0; strong flow = max points)
2
Evidence of past human alteration
0-6
0-5
0-5
4
(extensive alteration = 0; no alteration = max points)
3
Riparian zone
0-6
0-4
0-5
2
(no buffer = 0; contiguous, wide buffer = max points)
4
Evidence of nutrient or chemical discharges
0-5
0 — 4
0-4
4
(extensive discharges = 0; no discharges = max points)
*4
5
Groundwater discharge
0-3
0-4
0-4
4
U(no
discharge = 0; springs, seeps, wetlands, etc. = max points)
6
Presence of adjacent floodplain
0-4
0-4
0-2
2
(no floodplain = 0; extensive floodplain = max points)
Entrenchment / floodplain access
0— 5
0— 4
0— 2
1
0.
(deeply entrenched = 0; frequent flooding = max points)
8
Presence of adjacent wetlands
0-6
0-4
0-2
0
(no wetlands = 0; large adjacent wetlands = max points)
9
Channel sinuosity
0-5
0-4
0-3
2
(extensive channelization = 0; natural meander = max points)
10
Sediment input
0-5
0-4
0-4
2
(extensive deposition= 0; little or no sediment = max points)
1 1
Size & diversity of channel bed substrate
NA*
0-4
0 — 5
2
(fine, homogenous = 0; large, diverse sizes = max points)
12
Evidence of channel incision or widening
0-5
0-4
0-5
2
�0
(deeply incised = 0; stable bed & banks = max points)
�
13
Presence of major bank failures
0-5
0-5
0 — 5
3
04
(severe erosion = 0; no erosion, stable banks = max points)
MRoot
14
depth and density on banks
0 — 3
0 — 4
0 — 5
H
(no visible roots = 0; dense roots throughout = max points)
15
Impact by agriculture or livestock production
0-5
0 — 4
0-5
4
(substantial impact =0; no evidence = max points)
16
Presence of riffle-pool/ripple-pool complexes
0-3
0-5
0-6
1
(no riffles/ripples or pools = 0; well-developed = max points)
1
Habitat complexity
0-6
0 — 6
0-6
2
(little or no habitat = 0; frequent, varied habitats = max points)
M
18
Canopy coverage over streambed
0-5
0-5
0-5
4
x
(no shading vegetation = 0; continuous canopy = max points)
19
Substrate embeddedness
NA*
0-4
0-4
2
(deeply embedded = 0; loose structure = max)
20
Presence of stream invertebrates
0-4
0-5
0-5
0
1:
(no evidence = 0; common, numerous types = max points)
21
Presence of amphibians
0-4
0-4
0-4
1
C
(no evidence = 0; common, numerous types = max points)
04
22
Presence of fish
0-4
0 — 4
0-4
0
0
(no evidence = 0; common, numerous types = max points)
23
Evidence of wildlife use
0-6
0-5
0-5
3
(no evidence = 0; abundant evidence = max points)
Total Points Possible
100
100
100
100
TOTAL SCORE (also enter on first page)
51
* These characteristics are not assessed in coastal streams.

.^fy
_
4
.
4
.

Stream Transect S-2 View of Existing Rip Rap
Stream Transect S-2 View of Existing Trail Crossing
Abersham Greenway Stream Transect S-2
Mecklenburg County, NC Perennial RPW
7ze�c�ze / IESIGN • post office daz 163, Higi A..k, NC 28077 0 [phone]

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): 7-13-16
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:North Carolina County/parish/borough: Mecklenburg Ci : Charlotte
Center coordinates of site (lat/long in degree decimal format): Lat. 35.4945° 1, Long. -80.8052° W.
Universal Transverse Mercator:
Name of nearest waterbody: West Branch Rocky River
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Rocky River
Name of watershed or Hydrologic Unit Code (HUC): 03040105
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: 7-1-16
L Field Determination. Date(s): 7-1-16, 7-5-16
SECTION H: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
❑ Waters subject to the ebb and flow of the tide.
❑ Waters are presently used, or have been used in the past, or maybe susceptible for use to transport interstate or foreign commerce
Explain: Trade using small craft to SC stae border during high water.
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. [Required]
1. Waters of the U.S.
a. indicate presence of waters of U.S. in review area (check all that apply): 1
❑ TNWs, including territorial seas
❑ Wetlands adjacent to TNWs
® Relatively permanent waterS2 (RPWs) that flow directly or indirectly into TNWs
❑ Non-RPWs that flow directly or indirectly into TNWs
❑ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
❑ Impoundments of jurisdictional waters
❑ Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non -wetland waters: 100 linear feet: 6 width (ft) and/or acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (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.
2 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 III.F.

SECTION HI: 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.1. 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 OF TRIBUTARY (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 III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts
and EPA regions will include in the record any available information that documents the existence of a significant nexus
between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable
water, even though a significant nexus finding is not required as a matter of law.
If the waterbody4 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 III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that
tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.0 below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 187.0 acres
Drainage area: 187.0 acres
Average annual rainfall: 42 inches
Average annual snowfall: 6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
® Tributary flows through 2 tributaries before entering TNW.
Project waters are 2-5 river miles from TNW.
Project waters are 1 (or less) river miles from RPW.
Project waters are 2-5 aerial (straight) miles from TNW.
Project waters are 1 (or less) aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5: UT to West Branch to South Prong to Rocky River.
Tributary stream order, if known: Second.
° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.

(b) General Tributary Characteristics (check all that apply):
Tributary is: ❑ Natural
❑ Artificial (man-made). Explain:
® Manipulated (man -altered). Explain: Existing culvert and riprap.
Tributary properties with respect to top of bank (estimate):
Average width: 10 feet
Average depth: 5 feet
Average side slopes:
Primary tributary substrate composition (check all that apply):
® Silts ® Sands ❑ Concrete
❑ Cobbles ® Gravel ❑ Muck
❑ Bedrock ❑ Vegetation. Type/% cover:
0 Other. Explain: natural soils.
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: generally stable.
Presence of run/riffle/pool complexes. Explain: Not present.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 1 %
(c) Flow:
Tributary provides for:
Estimate average number of flow events in review area/year: 20 (or greater)
Describe flow regime: perennial.
Other information on duration and volume:
Surface flow is: Confined. Characteristics:
Subsurface flow: Unknown. Explain findings:
❑ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
® OHWM6 (check all indicators that apply):
® clear, natural line impressed on the bank
® changes in the character of soil
shelving
® vegetation matted down, bent, or absent
® leaf litter disturbed or washed away
® sediment deposition
❑ water staining
❑ other (list):
ElDiscontinuous OHWM.' Explain:
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
IN High Tide Line indicated by: E 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: Clear flow, good water quality.
Identify specific pollutants, if known:
'A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.

(iv) Biological Characteristics. Channel supports (check all that apply):
® Riparian corridor. Characteristics (type, average width): Narrow forest corridor on both isdes.
❑ Wetland fringe. Characteristics:
® Habitat for:
❑ Federally Listed species. Explain findings:
® Fish/spawn areas. Explain findings: minnows observed.
❑ Other environmentally -sensitive species. Explain findings:
® Aquatic/wildlife diversity. Explain findings: Forest wildlife tracks observed.
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. Explain:
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. Explain findings:
❑ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
❑ Ecological connection. Explain:
❑ Separated by berm/barrier. Explain:
(d) Proximily (Relationship) to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the floodplain.
(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 for:
❑ Federally Listed species. Explain findings:
❑ 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
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: N/A.
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 III.D:
Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D: N/A.
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
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.
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: Visual observation and use of stream assessment forms to document field characteristics.
❑ 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:

Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: 100 linear feet 8 width (ft).
Other non -wetland waters: acres.
Identify type(s) of waters:
Non-RPWss that flow directly or indirectly into TNWs.
® Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
Tributary waters: linear feet width (ft).
Other non -wetland waters: acres.
Identify type(s) of waters:
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 that 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 III.13 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional 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 are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: 0 acres.
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 TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: 0 acres.
Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
❑ Demonstrate that impoundment was created from "waters of the U.S.," or
❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
❑ Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE 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:
'See Footnote # 3.
'To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 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.

® Other factors. Explain:
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
❑ Tributary waters: linear feet width (ft).
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
❑ Wetlands: acres.
F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
❑ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
Ll Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
udgment (check all that apply):
Non -wetland waters (i.e., rivers, streams): linear feet width (ft).
Lakes/ponds: acres.
Other non -wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
Non -wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakes/ponds: acres.
Other non -wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
® U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
® USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: Cornelius, NC (1993).
® USDA Natural Resources Conservation Service Soil Survey. Citation:USDA-NRCS Web Soil Survey, Mecklenburg County, NC.
® National wetlands inventory map(s). Cite name:Comelius, NC.
® State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date):Mecklenburg County GIS, 2012 through 2016.
or ® Other (Name & Date):On site photographs, 7-1-16 and 7-5-16.
® Previous determination(s). File no. and date of response letter: .
❑ Applicable/supporting case law:
❑ Applicable/supporting scientific literature:
® Other information (please specify): site investigations, 7-1-16 and 7-5-16.
B. ADDITIONAL COMMENTS TO SUPPORT JD:

NU DWY Stream Identification Form Version 4.11 Stream S-3
Date. 7-1-16
Project/Site, Abersham Greenway
Latitude: 35.4927
Evaluator: Craig R. Wyant RLA/SWS
County: Mecklenburg
Longitude: -80.8048
Total Points:
Stream Determination (circle one)
Other
Stream is at stinferittent
8.25
phemeral terrnlitent Perennial
a -g- Quad Name:
ff Z, 19 or perennoai if � 30*
0
4. Particle size of strearn substrate
A. Geomorphology (Subtotal =_ 4_0
Absent
Wreak
Moderates
Strong
18, Continuity of channel bed and bank
2. Sinuosity of channel along thalweg
0
n
1
j 1
2
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
01
1
2
0
4. Particle size of strearn substrate
G
1
2
3
S. ActivelreIict floodplain
0
1
2
3
6. Depositional bars or benches
0
1
2
3
7. Recent alluvial deposits
0
1
2
3
S. Headcuts
CO)1
2
3
9. Grade control
0
0.6
1
1.6
10. Natural valley
0
1
1.6
11. Second or greater order channel
Yes
= 3
a artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal = _ 1.5 __)
12. Presence of Baseflow
®
1 1
2
3
13. Iron oxidizing bacteria
tl
1
2
3
14. Leaf litter
.6
1
'0.5
0
15. Sediment on plants or debris
0
0.5
1
1.5
16. Organic debris lines or piles
17. Soil -based evidence of high v iter table?
0
0.5
o =
1
Yes = 3
1.5
G. Bi bov (Subtotal = 2.75 )
18. Fibrous roots in streambed
3
2 1
CD
19. Rooted upland plants in streambed
20. Macrobenthos (note diversity and abundance)
3
0
2 1
0
1 2
3
21. Aquatic Mollusks
0
1 2
3
22. Fish
0
0.5 1
1.5
23, Crayfish
0
0.5 1
1.5
24. Amphibians
0
0.5 1
1.5
25. Algae
0
0.5 1
1.5
26. Wetland plants in streambed
FACW = 077t5b BL = 1.5 Other = 0
"perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch:
9'
2' 2'
3, No flow present
Bottom not saturated

Stream Transect S-3 View of Test Pit in Bed
Stream Transect S-3 View of Existing Trail Crossing
Abersham Greenway Stream Transect S-3
Mecklenburg County, NC Ephemeral Non-RPW Ditch
7ze�c�ze / IESIGN • post office Boz 163, h9L A..k, NC 28077 0 [phone]

Stream Transect S-3 View of Existing Rip Rap Downstream of Crossing
Stream Transect S-3 View Looking Downstream From Crossing
Abersham Greenway Stream Transect S-3
Mecklenburg County, NC Ephemeral Non-RPW Ditch
7ze�c�ze / IESIGN • post office Boz 163, h9L A..k, NC 28077 0 [phone]

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): 7-13-16
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:North Carolina County/parish/borough: Mecklenburg Ci : Charlotte
Center coordinates of site (lat/long in degree decimal format): Lat. 35.4927° 1, Long. -80.8048° W.
Universal Transverse Mercator:
Name of nearest waterbody: West Branch Rocky River
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Rocky River
Name of watershed or Hydrologic Unit Code (HUC): 03040105
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: 7-1-16
L Field Determination. Date(s): 7-1-16, 7-5-16
SECTION H: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
❑ Waters subject to the ebb and flow of the tide.
❑ Waters are presently used, or have been used in the past, or maybe susceptible for use to transport interstate or foreign commerce
Explain: Trade using small craft to SC stae border during high water.
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are no "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): 1
TNWs, including territorial seas
Wetlands adjacent to TNWs
Relatively permanent waters (RPWs) that flow directly or indirectly into TNWs
Non-RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
Impoundments of jurisdictional waters
Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non -wetland waters: linear feet: width (ft) and/or acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):3
Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain: One Non-RPW Ephemeral Channel (Ditche) in upland (S-3) has been determined to be not jurisdicitional.
' Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 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).
3 Supporting documentation is presented in Section III.F.

SECTION HI: 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.1. 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 OF TRIBUTARY (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 III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts
and EPA regions will include in the record any available information that documents the existence of a significant nexus
between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable
water, even though a significant nexus finding is not required as a matter of law.
If the waterbody4 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 III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that
tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.0 below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 5.0 acres
Drainage area: 5.0 acres
Average annual rainfall: 42 inches
Average annual snowfall: 6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
® Tributary flows through 2 tributaries before entering TNW.
Project waters are 2-5 river miles from TNW.
Project waters are 1 (or less) river miles from RPW.
Project waters are 2-5 aerial (straight) miles from TNW.
Project waters are 1 (or less) aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5: UT to West Branch to South Prong to Rocky River.
Tributary stream order, if known: First.
° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.

(b) General Tributary Characteristics (check all that apply):
Tributary is: ❑ Natural
❑ Artificial (man-made). Explain:
® Manipulated (man -altered). Explain: Ditched.
Tributary properties with respect to top of bank (estimate):
Average width: 9 feet
Average depth: 2 feet
Average side slopes: M.
Primary tributary substrate composition (check all that apply):
❑ Silts ❑ Sands ❑ Concrete
❑ Cobbles ❑ Gravel ❑ Muck
❑ Bedrock ® Vegetation. Type/% cover: herbaceous vegetation/75%
0 Other. Explain: natural soils based on test pit.
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: generally stable.
Presence of run/riffle/pool complexes. Explain: Not present.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 1 %
(c) Flow:
Tributary provides for: Ephemeral flow
Estimate average number of flow events in review area/year:
Describe flow regime: stormwater driven ephemeral flow.
Other information on duration and volume: Flows in direct response to stormwater runoff.
Surface flow is: . Characteristics:
Subsurface flow: 0. Explain findings: No saturation in test pit.
❑ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
❑ OHWM6 (check all indicators that apply):
❑ clear, natural line impressed on the bank
❑
❑ changes in the character of soil
❑
❑ shelving
❑
❑ vegetation matted down, bent, or absent
❑
❑ leaf litter disturbed or washed away
❑
❑ sediment deposition
❑
❑ water staining
❑
❑ other (list):
ElDiscontinuous OHWM.' Explain:
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
IN High Tide Line indicated by: E 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: Does not exhibit characteristics of a natural stream channel, shallow trapezoidal cross section, straight
alignment. No flow observed.
Identify specific pollutants, if known: No pollutants known.
'A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.

(iv) Biological Characteristics. Channel supports (check all that apply):
® Riparian corridor. Characteristics (type, average width): Narrow forest corridor.
❑ 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. Explain:
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. Explain findings:
❑ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
❑ Ecological connection. Explain:
❑ Separated by berm/barrier. Explain:
(d) Proximily (Relationship) to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the floodplain.
(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 for:
❑ Federally Listed species. Explain findings:
❑ 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
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: N/A.
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 III.D: Non-RPW does not exhibit physical, chemical, or biological characteristics which
would significantly affect downstream TNW.
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 IIID: N/A.
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
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.
M Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: Visual observation and use of stream assessment forms to document field characteristics.

® 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:
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:
Non-RPWss that flow directly or indirectly into TNWs.
Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
Tributary waters: linear feet width (ft).
Other non -wetland waters: acres.
Identify type(s) of waters:
Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
® Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional 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 are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: 0 acres.
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 TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: 0 acres.
Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
❑ Demonstrate that impoundment was created from "waters of the U.S.," or
❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
❑ Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE 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)?"
® which are or could be used by interstate or foreign travelers for recreational or other purposes.
'See Footnote # 3.
'To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 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.

❑ 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:
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.
F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
® Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:Ditch is Non-
RPW. Visual observation and use of stream assessment forms to document field characteristics. Non-RPW does not
significantly affect the physical, chemical, or biological characteristics of downstream TNW.
[ Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction 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 (ft).
❑ Lakes/ponds: acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
❑ Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
Non -wetland waters (i.e., rivers, streams): 100 linear feet, 3 width (ft).
Lakes/ponds: acres.
Other non -wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
® U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
® USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: Cornelius, NC (1993).
® USDA Natural Resources Conservation Service Soil Survey. Citation:USDA-NRCS Web Soil Survey, Mecklenburg County, NC.
® National wetlands inventory map(s). Cite name:Comelius, NC (1991).
® State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date):Mecklenburg County GIS, 2012 tp 2016.
or ® Other (Name & Date):On site photographs, 7-1-16 and 7-5-16.
❑ Previous determination(s). File no. and date of response letter: .
❑ Applicable/supporting case law:

Applicable/supporting scientific literature:
Other information (please specify): site investigations, 7-1-16 and 7-5-16.
B. ADDITIONAL COMMENTS TO SUPPORT JD: Review area was inspected multiple times to determine if there was a presence of
flow. The Non-RPW ephemeral ditch does not satisfy the Significant nexus determination because it does not significantly affect the
physical, chemical, or biological characteristics of downstream TNW.

NU D Stream Identification Farm 'Version 4.11 Stream S-4
Date. 7-1-16
Project/Site, Abersham Greenway
Latitude: 35.4906
Evaluator: Craig R. Wyant RLA/SWS
County: Mecklenburg
Longitude: -80.8042
Total Points:
Stream Determination (circle one)
Other
Stream isat stinfen7livent
4.25
phemeral terrnittent Perennial
e - g- Quad Name:
frZ, 19 rennial ire 30•
0.5
4. Particle size of stream substrate
A. Geomorphology (Subtotal =_ 2_5
Absent
Wreak
Moderates
Strong
18, Continuity of channel bed and bank
2. Sinuosity of channel along thalweg
0
0
1
j 1
2
2
1.5
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
C
1
2
0.5
4. Particle size of stream substrate
G
1
2
3
S. ActivelreIict floodplain
1.5
1
2
3
6. Depositional bars or benches
0
1
2
3
7. Recent alluvial deposits
0
1
2
3
S. Headcuts
0
1
2
3
9. Grade control
0
0.5
1
1.6
10. Natural valley
1
1.6
11. Second or greater order channel
Yes
= 3
a artificial ditches are not rated; see discussions in manual
B. H droloqy (Subtotal = 0.5 _)
12. Presence of Baseflow
(D
1 1
2 3
13. Iron oxidizing bacteria
0
1
2 3
14. Leaf litter
1.5
1
0
15. Sediment on plants or debris
0
0.5
1 1.5
16. Organic debris lines or piles
17. Soil -based evidence of high +,eater table?
0
0.5
o =
1 1.5
Yes = 3
G. Bi bov (Subtotal = 1.75 )
18. Fibrous roots in stream bed
3
2 1
0
19. Rooted upland plants in streambed
20. Macrobenthos (note diversity and abundance)
3
0
2 1
0
1 2
3
21. Aquatic Mollusks
0
1 2
3
22. Fish
0
0.5 1
1.5
23, Crayfish
0
0.5 1
1.5
24. Amphibians
0
0.5 1
1.5
25. Algae
0
0.5 1
1.5
26. Wetland plants in streambed
FACW = 0.7 BL = 1.5 Other = 0
"perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch:
6'
6" 6„
2, No flow present
Bottom not saturated

Stream Transect S-4 View of Existing at Grade Crossing
Stream Transect S-4 View of Existing at Grade Crossing
Abersham Greenway Stream Transect S-4
Mecklenburg County, NC Ephemeral Non-RPW Ditch
7ze�c�ze / IESIGN • post office Boz 163, h9L A..k, NC 28077 0 [phone]

WETLAND DETERMINATION DATA FIRM — Eastern Mountains and Piedmont Region
Project/Site: Abaersham Greenway cityrcounty: Mecklenburg County, NC sampling Date 07-01-16
Applicant[Owner: Mecklenburg County te: NC Sampling Point: 1-A
Investigator(s): Craig R. Wyant RLA/SWS Section, Township, Range: N/A
Landform (hillslope, terrace, etc.): Terrace Local relief (concave, convex, none): None Slope (%): 0-2%
Subregion (LRR or MLRA): 136/P Lat: 35.4906 Lang: -80.8042 Datum:
Soil Map Unit Name:
MO Monocan Loam, 0-2% slopes, Freq. Flooded NWI classification: Upland
Are climatic 1 hydrologic conditions on the site typical for this time tat year? Yes X No (if no, explain in Remarks,)
Are Vegetation No P Soil No , or Hydrology No significantly disturbed? Afe'Normal Circumstances" present? Yes X No
Are Vegetation No Soil No , or Hydrology No 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 widiin a Wetland? 'Yes No X
Wetland Hydrology Present? Yes No X
Remarks:
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of tura required]
Primary Indicators (minimum of the is required; check a 1 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)
—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 (06)
Crayfish Burrows (CS)
Drift Deposits (133) _
Thin Muck Surface (C7)
_ Saturation Visible on Aerial Imagery (C9)
Algal Mat or Crust (134) _
Other (Explain in Remarks)
_ Stunted or Stressed Plants (D1)
Iron Deposits (135)
_ Geomorphic Position (D2)
Inundation Visible on Aerial Imagery (137)
ShallowAquitard (133)
water -Stained Leaves (B9)
_ Microtopographic Relief (D4)
Aquatic Fauna (1313)
_ FAC -Neutral Test (DS)
Field Otrservations:
Surface water Present? Yes NG X
Depth (inches): N/A
Water Table Present? Yes NG X
Depth (inches): >16"
Saturation Present? Yes No X
Depth (inches): >16"
Wetland Hydrology Present? Yes No X
(includes ca p lia ry fri ng e)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
US Army Corps of Engineers Eastern Mourftain.s and Piedmont – Version 2,0

VEGETATION (Four Strata) - Use scientific names of plants.
5
7.
85 = Total Cover
50% of total cover: 20% of total cover:
5aplinalshrub Stratum (Plot size:
1. Ulmus alata
Absolrite
Dominant Indicatm
Tree Stratum (Plot size: j
% Cover
Species?
Status
1. Liquidambar styraciflua
25
Y
FAC
2. Acer negundo
20
Y
FAC
1 Liriodendron tuhl2ifera
20
Y
FACU
4, Ulmus alata
20
Y
FACU
5
7.
85 = Total Cover
50% of total cover: 20% of total cover:
5aplinalshrub Stratum (Plot size:
1. Ulmus alata
20
Y
FACU
2. Juglans nigra
20
Y
FACU
3, Acer negundo
15
Y
FAC
4. Carpinus carohniana
15
Y
FAC
S. Carya glabra
15
Y
FALL
s. Ligustrum sinense
10
N
FAQ
T
Column Totals: (A)
1p,
8.
509'4 of total cover:
Herb Stratum (Plot size: )
1, Microstegium vimineum
2, Lonicera japonica
4.
5,
8.
7,
8.
S.-
10
11
501% of total cover:
85 = Total Cover
20% of total cover
50 Y FAC
40 Y FAC
90 = Total Cover
20% of total cover:
Woody Vine stratum (Plot size:: ]
1. Toxicodendron radicans 5 Y FAC
2, Vitis rotundifolia 5 Y FAC
3.
4.
5,
10 = Total Cover
5095 of total cover: 20% of total cover:
Remarks: (Include photo numbers here or on a separate sheet.)
Sampling Point: 1-A
Number of Dominant Species
8
That Are DBL, FACW, or FAC:
(A)
Total Number of Dominant
13
Species Across Al I strata:
i B o
Percent of Dominant Species
61.5
That Are OBL, FACW, or FAC:
i =v E:
Prevalence Index worksheet:
Total Cover of Multiply by:
DBL species x 1 =
FACW species x 2 -
FAC species x 3 =
FACU species x d =
UPL species x 6 -
Column Totals: (A)
1p,
Prevalence Index = Be'A =
Hydrophytic Vegetation Indicators:
_ I - Rapid Test for Hydrophytic Vegetation
X 2 - Dominance Test is X50%
3 - Prevalence Index is s3.0'
4 - Morphological Adaptations' (Provide supporting
data in Remarks or on a separate sheet)
Problematic HydrophyticVegetation' (Explain)
Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
more in diameter at breast height (DBH), regardless of
height.
SaplingJShrub -Woody plants, excluding vines, less
than 3 in, DBH and greater than or equal to 3.28 ft (1
M) tall.
Herta -All herbaceous (non -woody) plants, regardless
of size, and woody plants less than 3,28 ft tall.
Woody vine - All woody vines greater than 3,28 ft in
height,
Hydrophytic
Vegetation
Present? Yes X No
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0

SOIL Sampling Point 1-A
Profile Description: (Describe to tlye deptli neetietl to document the indicator or confirm tltieabsence of iridicators.)
Depth Matrix Redox Features
finches) Color fmoistl % Color fmoistl 94 Type Lnc Texture Remarks
0-1 7.5YR 4/3 loam
1-3 7.5YR 4/4 loam
3-7 7.5YR 4/6 sandy clay loam
'Type: G=Concentration, D=Depletion, RM=Reduced Matrix. hAS=Masked Sand Grains.
Hydric Soil Indicators,
Histosol (Al)
Histic Epipedon (A2)
Black Histic (A3)
Hydrogen Sulfide (A4)
Stratified Layers (AS)
2 cm Muck (A10) (L RR N)
Depleted Below Dark Surface (A11)
Thick Dark Surface (Al2)
Sandy Mucky Mineral (S1) (L RR Nr
MLRA 147, 148)
Sandy Cloyed Matrix (S4)
Sandy Redox (SE)
_ Stripped Matrix (SG)
Restrictive Layer (if observed):
Type:
Depth (inches):
Remarks:
Location: PL=Pore Lining„ M=Matrix.
Indicators for Problematic Hydric Soils :
Dark Surface (S7)
—2 cm Muck (A10) (MLRA 147)
Polyvalue Below Surface (58) (MLRA 147, 148)
_ Coast Prairie Redox (AIG)
Thin Dark Surface (S9) (MLRA 147, 148)
(MLRA 147r 148)
Loamy GI eyed Matrix (F2)
_ Piedmont Floodplain Soils (F 19)
Depleted Matrix (F3)
(WILRA 136, 147)
Redox Dark Surface (F6)
_ Very Shallow Dark Surface (TF1 2)
Depleted Dark Surface (F7)
_ Other (Explain in Remarks)
Redox Depressions (F8)
Iron -Manganese Masses (F12) (LRR Nr
MLRA 136)
Urnbric Surface (F13) (M LRA 136, 122) 31ndicators of hydrophytic vegetation and
Piedmont Floodplain Soils (F 19) (M LRA 148) wetland hydrology must be present,.
Red Parent Material (F21) (MLRA 127, 147) unless disturbed or problematic.
Soils are well drained with no hydric indicators.
Hydric Soil Present? Yes No X
US Army Corps of Engineers Eastern MOLIntains and Piedmont – Version 2.0

Test Pit at Upland Sample Plot 1-A
Soil Profile at Upland Sample Plot 1-A
Abersham Greenway
Mecklenburg County, NC
Sample Plot 1-A
Upland
C ne�rr�e / E)ESIGN • P -I office Boa 163, h9k A..k, NC 2S( 77 • (7('d) 240-0793

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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): 7-13-16
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:North Carolina County/parish/borough: Mecklenburg Ci : Charlotte
Center coordinates of site (lat/long in degree decimal format): Lat. 35.5001' 1, Long. -80.8088° W.
Universal Transverse Mercator:
Name of nearest waterbody: West Branch Rocky River
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Rocky River
Name of watershed or Hydrologic Unit Code (HUC): 03040105
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: 7-1-16
L Field Determination. Date(s): 7-1-16, 7-5-16
SECTION H: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
❑ Waters subject to the ebb and flow of the tide.
❑ Waters are presently used, or have been used in the past, or maybe susceptible for use to transport interstate or foreign commerce
Explain: Trade using small craft to SC stae border during high water.
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. [Required]
1. Waters of the U.S.
a. indicate presence of waters of U.S. in review area (check all that apply): 1
❑ TNWs, including territorial seas
❑ Wetlands adjacent to TNWs
® Relatively permanent waterS2 (RPWs) that flow directly or indirectly into TNWs
❑ Non-RPWs that flow directly or indirectly into TNWs
❑ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
❑ Impoundments of jurisdictional waters
❑ Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non -wetland waters: 100 linear feet: 6 width (ft) and/or acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (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.
2 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 III.F.

SECTION HI: 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.1. 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 OF TRIBUTARY (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 III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts
and EPA regions will include in the record any available information that documents the existence of a significant nexus
between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable
water, even though a significant nexus finding is not required as a matter of law.
If the waterbody4 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 III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that
tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.0 below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 102.0 acres
Drainage area: 102.0 acres
Average annual rainfall: 42 inches
Average annual snowfall: 6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
® Tributary flows through 2 tributaries before entering TNW.
Project waters are 2-5 river miles from TNW.
Project waters are 1 (or less) river miles from RPW.
Project waters are 2-5 aerial (straight) miles from TNW.
Project waters are 1 (or less) aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5: UT to West Branch to South Prong to Rocky River.
Tributary stream order, if known: First to Second.
° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.

(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: 22 feet
Average depth: 9 feet
Average side slopes: M.
Primary tributary substrate composition (check all that apply):
® Silts ® Sands ❑ Concrete
❑ Cobbles ® Gravel ❑ Muck
❑ Bedrock ❑ Vegetation. Type/% cover:
0 Other. Explain: natural soils.
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: generally stable.
Presence of run/riffle/pool complexes. Explain: Not present.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 1 %
(c) Flow:
Tributary provides for:
Estimate average number of flow events in review area/year: 20 (or greater)
Describe flow regime: perennial.
Other information on duration and volume:
Surface flow is: Confined. Characteristics:
Subsurface flow: Unknown. Explain findings: g.
❑ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
® OHWM6 (check all indicators that apply):
® clear, natural line impressed on the bank
® changes in the character of soil
shelving
® vegetation matted down, bent, or absent
® leaf litter disturbed or washed away
® sediment deposition
❑ water staining
❑ other (list):
ElDiscontinuous OHWM.' Explain:
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
IN High Tide Line indicated by: E 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: Clear flow, good water quality.
Identify specific pollutants, if known:
'A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.

(iv) Biological Characteristics. Channel supports (check all that apply):
® Riparian corridor. Characteristics (type, average width): Narrow forest corridor on both isdes.
❑ 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: Forest wildlife tracks observed.
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. Explain:
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. Explain findings:
❑ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
❑ Ecological connection. Explain:
❑ Separated by berm/barrier. Explain:
(d) Proximily (Relationship) to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the floodplain.
(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 for:
❑ Federally Listed species. Explain findings:
❑ 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
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: N/A.
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 III.D:
Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D: N/A.
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
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.
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: Visual observation and use of stream assessment forms to document field characteristics.
❑ 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:

Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: 100 linear feet width (ft).
Other non -wetland waters: acres.
Identify type(s) of waters:
Non-RPWss that flow directly or indirectly into TNWs.
® Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
Tributary waters: linear feet width (ft).
Other non -wetland waters: acres.
Identify type(s) of waters:
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 that 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 III.13 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional 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 are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: 0 acres.
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 TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: 0 acres.
Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
❑ Demonstrate that impoundment was created from "waters of the U.S.," or
❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
❑ Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE 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:
'See Footnote # 3.
'To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 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.

® Other factors. Explain:
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
❑ Tributary waters: linear feet width (ft).
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
❑ Wetlands: acres.
F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
❑ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
Ll Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
udgment (check all that apply):
Non -wetland waters (i.e., rivers, streams): linear feet width (ft).
Lakes/ponds: acres.
Other non -wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
Non -wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakes/ponds: acres.
Other non -wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
® U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
® USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: Cornelius, NC (1993).
® USDA Natural Resources Conservation Service Soil Survey. Citation:USDA-NRCS Web Soil Survey, Mecklenburg County, NC.
® National wetlands inventory map(s). Cite name:Comelius, NC.
® State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date):Mecklenburg County GIS, 2012 through 2016.
or ® Other (Name & Date):On site photographs, 7-1-16 and 7-5-16.
® Previous determination(s). File no. and date of response letter: .
❑ Applicable/supporting case law:
❑ Applicable/supporting scientific literature:
® Other information (please specify): site investigations, 7-1-16 and 7-5-16.
B. ADDITIONAL COMMENTS TO SUPPORT JD:

NC DWQ Stream Identification Form Version 4.11
Stream S-5
Date. 7-1-16
Pr*ctfSlte: Abersham Greenway
Latitude: 35.4880
Evaluator: Craig R. Wyant RLA/SWS
County: Mecklenburg
Longitude: -80.8030
Total Points:
Stream Determination (circle one)
Other
Stream is at stinfennVent9.0
phemeral termittent Perennial
a -g- �7radName:
ff Z, 19 or rennial if � 30*
0 1
2
A. Geomorphology (Subtotal =_ 6_0
Absent Wreak
Moderate
Strong
18, Continuity of channel bed and bank
2. Sinuosity of channel along thalweg
0 1
0 j 1
2
2
O
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0 1
2
1 1.5
4. Particle size of strearn substrate
0 1
2
3
S. ActivelreIict floodplain
0 1
2
3
6. Depositional bars or benches
0 1
2
3
7. Recent alluvial deposits
0 1
2
3
S. Headcuts
CO)1
2
3
9. Grade control
0 5
1
1.6
10. Natural valley
0
1
1.6
11. Second or greater order channel
Yes
= 3
artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal = _ 1.0 __)
12. Presence of Baseflow
® 1 1
2 3
13. Iron oxidizing bacteria
0 1
2 3
14. Leaf litter
1.5 1
S 0
15. Sediment on plants or debris
0 0.5
1 1.5
16. Organic debris lines or piles
17. Soil -based evidence of high +,'pater table?
0 0.01
o =
1.5
Yes = 3
G. Bi01e9y (Subtotal
18. Fibrous roots in streambed
3
2 1
0
19. Rooted upland plants in streambed
20. Macrobenthos (note diversity and abundance)
3
0
2 1
0
1 2
3
21. Aquatic Mollusks
0
1 2
3
22. Fish
0
0.5 1
1.5
23. Crayfish
0
0.5 1
1.5
24. Amphibians
0
0.5 1
0.5 1
1.5
1.5
25. Algae 0
26. Wetland plants in streambed
FACW = 0.75; 0131- = 1.5 er =
"perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch:
10'
3 Li 3,
No flow present
3' Bottom not saturated

Stream Transect S-5 View of Test Pit in Bed
Stream Transect S-3 View Across Channel
Abersham Greenway Stream Transect S-5
Mecklenburg County, NC Ephemeral Non-RPW Ditch
7ze�c�ze / E)ESIGN • post office Boz 163, h9L A..k, NC 28077 0 [phone]

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): 7-13-16
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:North Carolina County/parish/borough: Mecklenburg Ci : Charlotte
Center coordinates of site (lat/long in degree decimal format): Lat. 35.4880° 1, Long. -80.8030° W.
Universal Transverse Mercator:
Name of nearest waterbody: West Branch Rocky River
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Rocky River
Name of watershed or Hydrologic Unit Code (HUC): 03040105
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: 7-1-16
L Field Determination. Date(s): 7-1-16, 7-5-16
SECTION H: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
❑ Waters subject to the ebb and flow of the tide.
❑ Waters are presently used, or have been used in the past, or maybe susceptible for use to transport interstate or foreign commerce
Explain: Trade using small craft to SC stae border during high water.
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are no "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): 1
TNWs, including territorial seas
Wetlands adjacent to TNWs
Relatively permanent waters (RPWs) that flow directly or indirectly into TNWs
Non-RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
Impoundments of jurisdictional waters
Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non -wetland waters: linear feet: width (ft) and/or acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):3
Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain: One Non-RPW Ephemeral Channel (Ditch) in upland (S-5) has been determined to be not jurisdicitional.
' Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 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 III.F.

SECTION HI: 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.1. 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 OF TRIBUTARY (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 III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts
and EPA regions will include in the record any available information that documents the existence of a significant nexus
between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable
water, even though a significant nexus finding is not required as a matter of law.
If the waterbody4 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 III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that
tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.0 below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 5.0 acres
Drainage area: 5.0 acres
Average annual rainfall: 42 inches
Average annual snowfall: 6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
® Tributary flows through 2 tributaries before entering TNW.
Project waters are 2-5 river miles from TNW.
Project waters are 1 (or less) river miles from RPW.
Project waters are 2-5 aerial (straight) miles from TNW.
Project waters are 1 (or less) aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5: UT to West Branch to South Prong to Rocky River.
Tributary stream order, if known: First.
° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.

(b) General Tributary Characteristics (check all that apply):
Tributary is: ❑ Natural
❑ Artificial (man-made). Explain:
® Manipulated (man -altered). Explain: Ditched.
Tributary properties with respect to top of bank (estimate):
Average width: 10 feet
Average depth: 3 feet
Average side slopes: M.
Primary tributary substrate composition (check all that apply):
❑ Silts ❑ Sands ❑ Concrete
❑ Cobbles ❑ Gravel ❑ Muck
❑ Bedrock ® Vegetation. Type/% cover: herbaceous vegetation/75%
0 Other. Explain: natural soils based on test pit.
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: generally stable.
Presence of run/riffle/pool complexes. Explain: Not present.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 1 %
(c) Flow:
Tributary provides for: Ephemeral flow
Estimate average number of flow events in review area/year:
Describe flow regime: stormwater driven ephemeral flow.
Other information on duration and volume: Flows in direct response to stormwater runoff.
Surface flow is: . Characteristics:
Subsurface flow: 0. Explain findings: No saturation in test pit.
❑ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
❑ OHWM6 (check all indicators that apply):
❑ clear, natural line impressed on the bank
❑
❑ changes in the character of soil
❑
❑ shelving
❑
❑ vegetation matted down, bent, or absent
❑
❑ leaf litter disturbed or washed away
❑
❑ sediment deposition
❑
❑ water staining
❑
❑ other (list):
ElDiscontinuous OHWM.' Explain:
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
IN High Tide Line indicated by: E 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: Does not exhibit characteristics of a natural stream channel, shallow trapezoidal cross section, straight
alignment. No flow observed.
Identify specific pollutants, if known: No pollutants known.
'A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.

(iv) Biological Characteristics. Channel supports (check all that apply):
® Riparian corridor. Characteristics (type, average width): Narrow forest corridor.
❑ 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. Explain:
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. Explain findings:
❑ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
❑ Ecological connection. Explain:
❑ Separated by berm/barrier. Explain:
(d) Proximily (Relationship) to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the floodplain.
(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 for:
❑ Federally Listed species. Explain findings:
❑ 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
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: N/A.
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 III.D: Non-RPW does not exhibit physical, chemical, or biological characteristics which
would significantly affect downstream TNW.
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 IIID: N/A.
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
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.
M Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: Visual observation and use of stream assessment forms to document field characteristics.

® 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:
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:
Non-RPWss that flow directly or indirectly into TNWs.
Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
Tributary waters: linear feet width (ft).
Other non -wetland waters: acres.
Identify type(s) of waters:
Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
® Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional 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 are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: 0 acres.
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 TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: 0 acres.
Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
❑ Demonstrate that impoundment was created from "waters of the U.S.," or
❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
❑ Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE 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)?"
® which are or could be used by interstate or foreign travelers for recreational or other purposes.
'See Footnote # 3.
'To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 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.

❑ 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:
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.
F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
® Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:Ditch is Non-
RPW. Visual observation and use of stream assessment forms to document field characteristics. Non-RPW does not
significantly affect the physical, chemical, or biological characteristics of downstream TNW.
[ Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction 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 (ft).
❑ Lakes/ponds: acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
❑ Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
Non -wetland waters (i.e., rivers, streams): 100 linear feet, 3 width (ft).
Lakes/ponds: acres.
Other non -wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
® U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
® USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: Cornelius, NC (1993).
® USDA Natural Resources Conservation Service Soil Survey. Citation:USDA-NRCS Web Soil Survey, Mecklenburg County, NC.
® National wetlands inventory map(s). Cite name:Comelius, NC (1991).
® State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date):Mecklenburg County GIS, 2012 tp 2016.
or ® Other (Name & Date):On site photographs, 7-1-16 and 7-5-16.
❑ Previous determination(s). File no. and date of response letter: .
❑ Applicable/supporting case law:

Applicable/supporting scientific literature:
Other information (please specify): site investigations, 7-1-16 and 7-5-16.
B. ADDITIONAL COMMENTS TO SUPPORT JD: Review area was inspected multiple times to determine if there was a presence of
flow. The Non-RPW ephemeral ditch does not satisfy the Significant nexus determination because it does not significantly affect the
physical, chemical, or biological characteristics of downstream TNW.

NC DWQ Stream Identification Form Version 4.11
Stream S-7
Date. 7-1-16
Pr*ctfSlte: Abersham Greenway
Latitude: 35.4834
Evaluator: Craig R. Wyant RLA/SWS
County: Mecklenburg
Longitude: -80.8002
Total Points:
Stream Determination (circle one
Other
Stream 1patsl; if*e rar 32.5
Ephemeral Intermitte Perennial
a -g- Quad Name:
30
0
0
A. Geomorphology (Subtotal =_ 16.5 _}
Absent
Wreak
Moderates
0 1 2
Strong
18, Continuity of channel bed and bank
2. Sinuosity of channel along thalweg
0
0 jn
1
2
2
0 0. 1
O
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
0
2
22. Fish
.3
4. Particle size of strearn substrate
0
1
2
0
3
S. ActivelreIict floodplain
0
24. ,amphibians
2
0.
3
6. Depositional bars or benches
a
1
2
FACW = 0.75; 0 B L =
3
7. Recent alluvial deposits
S. Headcuts
t➢
0
1
1
2
2
Notes:
3
3
9. Grade control
0
0.5
1
1.6
10. Natural valley
0
0.5
1 _
1.5
11. Second or greater order channel
No=
0
es = 3
S-7
s artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal = _ 9.5 __)
12. Presence of Baseflow
0 1 2
0
13. Iron oxidizing bacteria
0 1 2
3
14. Leaf litter
n 1 -0.5
0
15. Sediment on plants or debris
0 0. 1
1.5
16. Organic debris lines or piles
17. Soil -based evidence of high +,eater table?
0 1
No = O
1.5
es = 3
G. Bi -0109Y (Subtotal = __7�5-e)
18. Fibrous roots in stream bed
3
2
1
0
19. Rooted upland plants in streambed
f-11\2
1
1
2
0
3
20. Macrobenthos (note diversity and abundance)
21. ,aquatic Mollusks
0
1
2
3
22. Fish
0
0.5
1
1.5
23, Crayfish
0
.5
1
1.5
24. ,amphibians
0
0.
1
1
1.5
1.5
25. Algae 0
26. Wetland plants in streambed
FACW = 0.75; 0 B L =
1.5
ther = 0
"perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch: S-7.5 S-7.6
24'
S-7.40 S-7.70
S-7
12'
6 12'
S-7.3 S-7.8
4
2-4"
water in channel
S-7.2 S-7.9
1'
1 '
S-7.1 S-7.10
2'

OFFICE USE ONLY: USACE AID# DWQ #
Perennial Stream Transect S-7
STREAM QUALITY ASSESSMENT WORKSHEET
1. Applicant's Name: Mecklenburg County 2. Evaluator's Name: Craig R. Wyant RLA/SWS
3. Date of Evaluation: 07-01-16 4. Time of Evaluation: PM
5. Name of Stream: West Branch Rocky River 6. River Basin: Yadkin
7. Approximate Drainage Area: 173.0 acres 8. Stream Order: Second
9. Length of Reach Evaluated: 100 if 10. County: Union
11. Location of reach under evaluation (include nearby roads and landmarks): From Main Street in Davidson take Concord Road east
to Grey Road on left. Follow Grey Road to Allison Farm Park entrance on right. Take Abersham Drive to parking trail head.
12. Site Coordinates (if known): N35.48340. W80.80020
13. Proposed Channel Work (if any): unknown
14. Recent Weather Conditions: No in past 24 hours
15. Site conditions at time of visit: Sunny: 80 degrees
16. Identify any special waterway classifications known: _Section 10 _Tidal Waters _Essential Fisheries Habitat
_Trout Waters _Outstanding Resource Waters Nutrient Sensitive Waters _Water Supply Watershed (I-IV)
17. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area:
18. Does channel appear on USGS quad map? EDNO 19. Does channel appear on USDA Soil Survey? YES
20. Estimated Watershed Land Use: 0 % Residential 0 % Commercial 0 % Industrial 0 % Agricultural
70 % Forested 25 % Cleared / Logged 5% Other (-Loads)
21. Bankfull Width: 8' 22. Bank Height (from bed to top of bank): 13'
23. Channel slope down center of stream: _Flat (0 to 2%) X Gentle (2 to 4%) _Moderate (4 to 10%) _Steep (>10%)
24. Channel Sinuosity: Straight X Occasional Bends _Frequent Meander _Very Sinuous _Braided Channel
Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on
location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each
characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the
worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or
weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character
of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more
continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of
100 representing a stream of the highest quality.
Total Score (from reverse): 35 Comments:
Evaluator's Signature ("1 A4D� Date 07-01-16
This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in
gathering the data required by the United States Army Corps of Engineers in order to make a preliminary assessment of
stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a
particular mitigation ratio or requirement. Form subject to change — version 05/03 .

STREAM QUALITY ASSESSMENT WORKSHEET
Perennial Stream S-7
* These characteristics are not assessed in coastal streams.
ECOREGION POINT
RANGE
#
CHARACTERISTICS
SCORE
Coastal
Piedmont
Mountain
1
Presence of flow / persistent pools in stream
0-5
0 — 4
0-5
3
(no flow or saturation = 0; strong flow = max points)
2
Evidence of past human alteration
0-6
0-5
0-5
1
(extensive alteration = 0; no alteration = max points)
3
Riparian zone
0-6
0-4
0-5
2
(no buffer = 0; contiguous, wide buffer = max points)
4
Evidence of nutrient or chemical discharges
0-5
0 — 4
0-4
4
(extensive discharges = 0; no discharges = max points)
5
Groundwater discharge
0-3
0-4
0-4
3
U(no
discharge = 0; springs, seeps, wetlands, etc. = max points)
6
Presence of adjacent floodplain
0-4
0-4
0-2
1
(no floodplain = 0; extensive floodplain = max points)
Entrenchment / floodplain access
0— 5
0— 4
0— 2
0
0.4
(deeply entrenched = 0; frequent flooding = max points)
8
Presence of adjacent wetlands
0-6
0-4
0-2
0
(no wetlands = 0; large adjacent wetlands = max points)
9
Channel sinuosity
0-5
0-4
0-3
1
(extensive channelization = 0; natural meander = max points)
10
Sediment input
0-5
0-4
0-4
2
(extensive deposition= 0; little or no sediment = max points)
1 1
Size & diversity of channel bed substrate
NA*
0-4
0 — 5
1
(fine, homogenous = 0; large, diverse sizes = max points)
12
Evidence of channel incision or widening
0-5
0-4
0-5
0
�0
(deeply incised = 0; stable bed & banks = max points)
�
13
Presence of major bank failures
0-5
0-5
0 — 5
1
04
(severe erosion = 0; no erosion, stable banks = max points)
MRoot
14
depth and density on banks
0 — 3
0 — 4
0 — 5
H
(no visible roots = 0; dense roots throughout = max points)
15
Impact by agriculture or livestock production
0-5
0 — 4
0-5
3
(substantial impact =0; no evidence = max points)
16
Presence of riffle-pool/ripple-pool complexes
0-3
0-5
0-6
1
(no riffles/ripples or pools = 0; well-developed = max points)
1
Habitat complexity
0-6
0 — 6
0-6
1
(little or no habitat = 0; frequent, varied habitats = max points)
M
18
Canopy coverage over streambed
0-5
0-5
0-5
4
x
(no shading vegetation = 0; continuous canopy = max points)
19
Substrate embeddedness
NA*
0-4
0-4
1
(deeply embedded = 0; loose structure = max)
20
Presence of stream invertebrates
0-4
0-5
0-5
0
(no evidence = 0; common, numerous types = max points)
21
Presence of amphibians
0-4
0-4
0-4
1
C
(no evidence = 0; common, numerous types = max points)
04
22
Presence of fish
0-4
0 — 4
0
00-4
(no evidence = 0; common, numerous types = max points)
23
Evidence of wildlife use
0-6
0-5
0-5
3
(no evidence = 0; abundant evidence = max points)
Total Points Possible
100
100
100
100
TOTAL SCORE (also enter on first page)
35
* These characteristics are not assessed in coastal streams.

Stream Transect S-7 Looking Upstream
Stream Transect S-7 Looking Downstream
Abersham Greenway Stream Transect S-7
Mecklenburg County, NC Perennial RPW
� rae�irne / DESIGN • Post Office Bos 163, h9k A..k, NC 28077 • [phone]

Stream Transect S-7 View of Bed
Stream Transect S-7 View of Bed
Abersham Greenway Stream Transect S-7
Mecklenburg County, NC Perennial RPW
C ne�rr�e / DESIGN • Post Office Bax 163, Hic) 6�als, NO 28077 • [phone]

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): 7-13-16
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:North Carolina County/parish/borough: Mecklenburg Ci : Charlotte
Center coordinates of site (lat/long in degree decimal format): Lat. 35.4834° 1, Long. -80.8002° W.
Universal Transverse Mercator:
Name of nearest waterbody: West Branch Rocky River
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Rocky River
Name of watershed or Hydrologic Unit Code (HUC): 03040105
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: 7-1-16
L Field Determination. Date(s): 7-1-16, 7-5-16
SECTION H: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
❑ Waters subject to the ebb and flow of the tide.
❑ Waters are presently used, or have been used in the past, or maybe susceptible for use to transport interstate or foreign commerce
Explain: Trade using small craft to SC stae border during high water.
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. [Required]
1. Waters of the U.S.
a. indicate presence of waters of U.S. in review area (check all that apply): 1
❑ TNWs, including territorial seas
❑ Wetlands adjacent to TNWs
® Relatively permanent waterS2 (RPWs) that flow directly or indirectly into TNWs
❑ Non-RPWs that flow directly or indirectly into TNWs
❑ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
❑ Impoundments of jurisdictional waters
❑ Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non -wetland waters: 100 linear feet: 6 width (ft) and/or acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (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.
2 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 III.F.

SECTION HI: 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.1. 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 OF TRIBUTARY (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 III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts
and EPA regions will include in the record any available information that documents the existence of a significant nexus
between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable
water, even though a significant nexus finding is not required as a matter of law.
If the waterbody4 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 III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that
tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.0 below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 173.0 acres
Drainage area: 173.0 acres
Average annual rainfall: 42 inches
Average annual snowfall: 6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
® Tributary flows through 2 tributaries before entering TNW.
Project waters are 2-5 river miles from TNW.
Project waters are 1 (or less) river miles from RPW.
Project waters are 2-5 aerial (straight) miles from TNW.
Project waters are 1 (or less) aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5: UT to West Branch to South Prong to Rocky River.
Tributary stream order, if known: Second.
° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.

(b) General Tributary Characteristics (check all that apply):
Tributary is: ❑ Natural
❑ Artificial (man-made). Explain:
® Manipulated (man -altered). Explain: channelized.
Tributary properties with respect to top of bank (estimate):
Average width: 10 feet
Average depth: 5 feet
Average side slopes:
Primary tributary substrate composition (check all that apply):
® Silts ® Sands ❑ Concrete
❑ Cobbles ® Gravel ❑ Muck
❑ Bedrock ❑ Vegetation. Type/% cover:
0 Other. Explain: natural soils.
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: generally stable.
Presence of run/riffle/pool complexes. Explain: Not present.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 1 %
(c) Flow:
Tributary provides for:
Estimate average number of flow events in review area/year: 20 (or greater)
Describe flow regime: perennial.
Other information on duration and volume:
Surface flow is: Confined. Characteristics:
Subsurface flow: Unknown. Explain findings:
❑ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
® OHWM6 (check all indicators that apply):
® clear, natural line impressed on the bank
® changes in the character of soil
shelving
® vegetation matted down, bent, or absent
® leaf litter disturbed or washed away
® sediment deposition
❑ water staining
❑ other (list):
ElDiscontinuous OHWM.' Explain:
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
IN High Tide Line indicated by: E 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: Clear flow, good water quality.
Identify specific pollutants, if known:
'A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.

(iv) Biological Characteristics. Channel supports (check all that apply):
® Riparian corridor. Characteristics (type, average width): Narrow forest corridor on both isdes.
❑ Wetland fringe. Characteristics:
® Habitat for:
❑ Federally Listed species. Explain findings:
® Fish/spawn areas. Explain findings: minnows observed.
❑ Other environmentally -sensitive species. Explain findings:
® Aquatic/wildlife diversity. Explain findings: Forest wildlife tracks observed.
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. Explain:
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. Explain findings:
❑ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
❑ Ecological connection. Explain:
❑ Separated by berm/barrier. Explain:
(d) Proximily (Relationship) to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the floodplain.
(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 for:
❑ Federally Listed species. Explain findings:
❑ 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
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: N/A.
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 III.D:
Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D: N/A.
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
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.
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: Visual observation and use of stream assessment forms to document field characteristics.
❑ 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:

Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: 100 linear feet 8 width (ft).
Other non -wetland waters: acres.
Identify type(s) of waters:
Non-RPWss that flow directly or indirectly into TNWs.
® Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
Tributary waters: linear feet width (ft).
Other non -wetland waters: acres.
Identify type(s) of waters:
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 that 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 III.13 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional 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 are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: 0 acres.
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 TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: 0 acres.
Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
❑ Demonstrate that impoundment was created from "waters of the U.S.," or
❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
❑ Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE 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:
'See Footnote # 3.
'To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 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.

® Other factors. Explain:
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
❑ Tributary waters: linear feet width (ft).
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
❑ Wetlands: acres.
F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
❑ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
Ll Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
udgment (check all that apply):
Non -wetland waters (i.e., rivers, streams): linear feet width (ft).
Lakes/ponds: acres.
Other non -wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
Non -wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakes/ponds: acres.
Other non -wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
® U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
® USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: Cornelius, NC (1993).
® USDA Natural Resources Conservation Service Soil Survey. Citation:USDA-NRCS Web Soil Survey, Mecklenburg County, NC.
® National wetlands inventory map(s). Cite name:Comelius, NC.
® State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date):Mecklenburg County GIS, 2012 through 2016.
or ® Other (Name & Date):On site photographs, 7-1-16 and 7-5-16.
® Previous determination(s). File no. and date of response letter: .
❑ Applicable/supporting case law:
❑ Applicable/supporting scientific literature:
® Other information (please specify): site investigations, 7-1-16 and 7-5-16.
B. ADDITIONAL COMMENTS TO SUPPORT JD:

NC DWQ Stream Identification Form Version 4.11 Stream S-8
Date. 7-1-16, 7-5-16, 7-14-16 Pr*ctfSlte: Abersham Greenway Latitude: 35.4816
Evaluator: Craig R. Wyant RLA/SWS County: Mecklenburg Longitude: -80.7985
Total Points: Stream Determination (circle one) Other
Stream isat surfer ttent13.0 phemeral terrnittent Perennial a -g- Quad Name:
frZ, 19 orDerennial ire 30•
A. Geomorphology (Subtotal =_ 7_5
Absent Wreak
Moderate
Strong
18, Continuity of channel bed and bank
2. Sinuosity of channel along thalweg
0 1
0 j 1
2
1.5 1
3. In -channel structure: ex. riffle -pool, step -pool,®
ripple -pool sequence
1
2
1 1.5
4. Particle size of stream substrate
0 1
2
3
S. ActivelreIict floodplain
0 1
2
3
6. Depositional bars or benches
tD 1
2
3
7. Recent alluvial deposits
S. Headcuts
0 1
CO)1
2
2
3
3
9. Grade control
0 0.6
1
1.5
10. Natural valley
0 o.5
1
1.6
11. Second or greater order channel
n = P
Yes
= 3
artificial ditches are not rated; see discussions in manual
B. Hvdroloqy (Subtotal = 1.5 _)
12. Presence of Baseflow
® 1
2 3
13. Iron oxidizing bacteria
0 1
2 3
14. Leaf litter
1.5 1
5 0
15. Sediment on plants or debris
0 5
1 1.5
16. Organic debris lines or piles
17. Soil -based evidence of high +,eater table?
0
o =
1 1.5
Yes = 3
G. Biofloav (Subtotal = 40 1
18. Fibrous roots in stream bed
3
2
1 0
19. Rooted upland plants in streambed
20. Macrobenthos (note diversity and abundance)
3
0
2
1 0
1
2 3
21. Aquatic Mollusks
0
1
2 3
22. Fish
0
0.5
1 1.5
23, Crayfish
0
0.5
1 1.5
24. Amphibians
0
0.5
0.5
1 1.5
1 1.5
25. Algae 0
26. Wetland plants in streambed
FACW = 0.75; OBL =
1.5 er =
"perennial streams may also be identified using other methods. See p. 35 of manual.
Nates:
6'
Sketch:
11 / 1,
3'
Forested Portion
6'
2, 21
3
Non -Forested Portion
No flow present
Bottom not saturated
Occurs in Gas Easement

Source: April 2013 Google Earth Aerial
Abersham GreenwayScale: 1"=100'
Mecklenburg County, NC NORTH S-7, S-8, 2-B
April 2013 Aerial

Source: 2013 Mecklenburg County GIS Aerial
Abersham GreenwayScale: 1"=100'
Mecklenburg County, NC NORTH S-7, S-8, 2-B
2013 Aerial

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Mecklenburg County, NC NORTH
Source: 2014 Mecklenburg County GIS Aerial
Scale: I"=100'
S-7, S-8, 2-B
2014 Aerial

V
16
Source: 2015 Mecklenburg County GIS Aerial
Scale: I"=100'
Abersham Greenway S-7� S-82-B
Mecklenburg County, NC NORTH 2015 Aerial

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Stream Transect S-8 View Looking Upstream in Gas Line
Stream Transect S-8 View Looking Downstream in Gas Line
Abersham Greenway Stream Transect S-8
Mecklenburg County, NC Ephemeral Non-RPW Ditch
C ne�rr�e / DESIGN • Post Offs- B.. 103, Hiy6 6 06, NC 28077 • (7(4) 240-0793

Stream Transect S-8 View Looking Across Channel in Gas Line
Abersham Greenway Stream Transect S-8
Mecklenburg County, NC Ephemeral Non-RPW Ditch
r / DESIGN 0 H,,t Offiw F,: 16:3, H�q6 ,6�,1,, NC 2807'7 0 (704) ,240_0793

WETLAND DETERMINATION DATA FIRM — Eastern Mountains and Piedmont Region
Project/Site: Abaersham Greenway cgfcourdy: Mecklenburg County, NC sampling Date 07-14-16
Applicant[Owner: Mecklenburg County te: NC Sampling Point: 2-13
Investigator(s): Craig R. Wyant RLA/SWS Section, Township, Range: N/A
Landform (hillslope, terrace, etc.): Terrace Local relief (concave, convex, none): None Slope (%): 0-2%
Subregion (LRR or MLRA): 136/P Lat. 35.4819 Long: -80.7989 Datum:
Soil Map unit name: HeB Helena Sandy Loam, 2-8% slopes NWI classification: Upland
Are climatic 1 hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks,)
Are Vegetation Yes . Soil Yes , or Hydrology No significantly disturbed? Are 'Normal Circumstances" present? Yes X No
Are Vegetation No . Soil No , or Hydrology No 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 widiin a Wetland? 'Yes No X
Wetland Hydrology Present? Yes No X
Remarks:
HYDROLOGY
Wetland Hydrology Indicators,
Secondary Indicators (minimum of two required]
Primary Indicators (minimum of one is required; check a 1 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)
—Drainage Patterns (1310)
Saturation (A3) _ Oxidized Rhizospheres on Living Roots (C3)
_ Mass 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 (06)
Crayfish Burrows (CS)
Drift Deposits (133) _ Thin Muck Surface (C7)
_ Saturation Visible on Aerial Imagery (C9)
Algal Mat or Crust (134) _ Other (Explain in Remarks)
_ Stunted or Stressed Plants (D1)
Iron Deposits (135)
_ Geomorphic Position (D2)
Inundation Visible on Aerial Imagery (137)
ShallowAquitard (133)
Water -Stained Leaves (B9)
_ Microtopographic Relief (D4)
Aquatic Fauna (1313)
_ FAC -Neutral Test (DS)
Field Otyservations:
Surface Water Present? Yes No X Depth (inches): N/A
Water Table Present? Yes No X Depth (inches): >16"
Saturation Present? Yes No X Depth (inches): >16"
Wetland Hydrology Present? Yes No X
(includes ca p lia ry fri ng e)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
Sample plot occurs in cleared and graded depressional area of old road bed access
for natural gas line construction in 2013. Subject to some overland temporary
flooding but no longer term inundation or saturation.
US Army Corps of Engineers Eastern Mourftain.s and Piedmont - Version 2,0

VEGETATION (Four Strata) — Use scientific names of plants.
5
7.
55 = Total Cover
500K of total cover: 20% of total cover:
5aplinglShrub Stratum (Plot size:
Absolrite
Dominant Indicator
Tree Stratum (Plot size: )
% Cover
Species?
Status
1. Acer rubrum
15
Y
FAC
2. Acer negundo
15
Y
FAC
1 Fraxinus pennsylvanica
15
Y
FACV
4. Ulmus alata
10
Y
FACU
5
7.
55 = Total Cover
500K of total cover: 20% of total cover:
5aplinglShrub Stratum (Plot size:
}
FAC
10
1, Acer negundo
10
Y
FAC
2, Arundinaria gigantea
10
Y
FACS
3. Rubus arautus
10
Y
FACT
4, Hibiscus moscheutos
10
Y
OBL
s, Platanus occidentalis
5
Y
FACV
509'4 of total cover:
Herb Stratum (Plot size: )
1. Juncus effusus
2, Microstegium vimineum
3, Lonicera japonica
4. Carex lurida
s, Polygonum pensylvanicum
7,
501Y. of total cover:
45 = Total Cover
20% of total cover
40
Y
FAC
10
Y
FAC
10
Y
FAC
10
Y
OBL
10
Y
FAC
90 = Total Cover
20% of total cover:
Woody Vine Stratum (Plot size: ]
1. Toxicodendron radicans 5 Y FAC
2, Vitis rotundifolia 5 Y FAC
3.
4.
5,
10 = Total Cover
5095 of total cover: 20% of total cover
Remarks: (Include photo numbers here or on a separate sheet.)
Sampling Point: 2-B
Number of Dominant Species
14
That Are DBL, FACW, or FAC:
(A)
Total Number of Dominant
16
Species Across Al I Strata:
i E o
Percent of Dominant Species
87.5
That Are OBL, FACW, or FAC:
i =v E:
Prevalence Index worksheet:
Total Cover of Multiply by:
DBL species x 1 =
FACW species x 2 =
FAC species x 3 =
FACU species x d =
UPL species x 6 -
Column Totals: (A)
1P,
Prevalence Index = Be'A =
Hydrophytic Vegetation Indicators:
_ I - Rapid Test for Hydrophytic Vegetation
X 2 - Dominance Test is X50%
3 - Prevalence Index is s3.0'
4 - Morphological Adaptations' (Provide supporting
data in Remarks or on a separate sheet)
Problematic HydrophyticVegetation' (Explain)
'Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
definitions of Four Vegetation Strata:
Tree - Woody plants, excluding vines, 3 in. (7,6 cm) or
more in diameter at breast height (DBH), regardless of
height.
SaplinglShrub -Woody plants, excluding vines, less
than 3 in, DBH and greater than or equal to 3.28 ft (1
M) tall.
Herb -All herbaceous (non -woody) plants, regardless
of size, and woody plants less than 3,28 ft tall.
Woody vine - All woody vines greater than 3,28 ft in
height,
Hydrophytic
Vegetation
Present? Yes X No
Sample plot occurs in cleared and graded depressional area of old road bed access
for natural gas line construction in 2013. Subject to some overland temporary
flooding but no longer term inundation or saturation. Forested vegetation remains
along one side of clearing..
US Army Carps of Engineers Eastern Mountains and Piedmont - Version 2.0

SOIL
Sampling Point: 2-B
Profile Description: (Describe to the depth needed to document tire indicator or confimi the absence of indicator&)
Depth Matrix Redox Features
{inches) Color fmoistl % Color fmoistl 94 Type Lnc Texture Remarks
0-2
l OYR 4/3
2-6
l OYR 4/2 50 l OYR 4/4
6-10
7.5YR 4/6
10-16
7.5YR 4/6
'Type: G=Concentration, D=Depletion, RM=Reduced Matrix. MS=Masked Sand Grains.
Hydric Soil Indicators,
Histosol (Al)
Histic Epipedon (A2)
Black Histic (A3)
Hydrogen Sulfide (A4)
Stratified Layers (AS)
2 cm Muck (A10) (L RR N)
Depleted Below Dark Surrace (A11)
Thick Dark Surface (Al2)
Sandy Mucky Mineral (S1) (L RR Nr
MLRA 147, 148)
Sandy Cloyed Matrix (S4)
Sandy Redox (SE)
_ Stripped Matrix (SG)
Restrictive Layer (if observed):
Type
Depth (inches):
Remarks:
sandy loam
loam
loam
sandy clay loam Few Mn cone.
Location: PL=Pore Linino, M=Matrix.
Dark Surrace (S7)
Polyvalue Below Surface (58) (MLRA 147, 148)
Thin Dark Surface (S9) (MLRA 147, 148)
Loamy GI eyed Matrix (F2)
Depleted Matrix (F3)
Redox Dark Surface (F6)
Depleted Dark Surface (F7)
Redox Depressions (F8)
Iran -Manganese Masses (F12) (LRR N,
MLRA 136)
Indicators for Problematic Hydric Soils
2 cm Muck (A10) (MLRA 147)
Coast Prairie Redox (AIG)
(MLRA 147, 148)
Piedmont Floodplain Soils (F 19)
(WILRA 136, 147)
Very Shallow Dark Surface (TF12)
Other (Explain in Remarks)
Urnbric Surface (F13) (M LRA 136, 122) 31ndicators of hydrophytic vegetation and
Piedmont Floodplain Soils (F 19) 04 LRA 148) wetland hydrology must be present,.
Red Parent Material (F21) (MLRA 127, 147) unless disturbed or problematic.
Hydric Soil Present? Yes No X
Soils in test pit are well drained with no hydric indicators below 6". Surface of soils appears to have
been covered over with material from elsewhere. Soils in adjacent wooded area exhibit high chroma
throughout profile to surface.
Sample plot occurs in cleared and graded depressional area of old road bed access for natural gas
line construction in 2013. Subject to some overland temporary flooding but no longer term inunda-
tion or saturation. Forested vegetation remains along one side of clearing.
US Army Corps of Engineers Eastern MOLIntains and Piedmont — Version 2.0

Test Pit at Upland Sample Plot 2-B
0„ 1„ 2" 3„ 4" 5„ 6„ 7„ 0„ 9„ 10„ 11„
Soil Profile at Upland Sample Plot 2-B
Abersham Greenway
Mecklenburg County, NC
Sample Plot 2-B
Upland
C��nli�zv rre / DESIGN 0 P,,,t Offi— F, � 163, H�q6 6�ols, INC 28077 0 (7(;4) 24C 0793

Vegetation Community at Upland Sample Plot 2-13 Looking North
Vegetation Community at Upland Sample Plot 2-B Looking South
Abersham Greenway Sample Plot 2-B
Mecklenburg County, NC Upland
� rae�irne / DESIGN • Post offs- Dox 163, h9k A..k, NC 28077 • (7(-1) ) WJ I