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HomeMy WebLinkAbout20080820 Ver 1_401 Application_20080508o8 0 8 2 0 May 13, 2008 Ms. Cyndi Karoly NCDENR/NCDWQ Wetlands/401 Water Quality Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 PAID ------------- RE: Pre-Construction Notification Form - Section 404/401 - NWP 27 Faust Site Stream Enhancement Project - Cabarrus County, NC Dear Ms. Karoly: I r r=3 Mp a a zoos DENK A I c? e to a?%Vi W'ETJJ4QS nNC? ST(Fk' Please find enclosed five copies of our PCN package for the subject project. We have included the following supporting data: • PCN form, • USGS Topographic and Aerial Maps, • Existing Conditions and Design Summary Memo, • Photo Log, • Jurisdiction Determination Form for project area, • 60% design plans for the restoration project. The goal of this project is to improve and restore the hydrological, morphological, and biological functions of a degraded stream corridor through the use of natural channel design methods. The same information has been submitted to the Asheville Regulatory Office of the US Army Corps of Engineers. If you have any questions, please contact me at (704)332-7754 ext 101. Sincerely, Andrea M. Spangler Senior Environmental Planner Wildlands Engineering, Inc.. 1430 South Mint Street . Unit 104 • Charlotte, NC 28203 Office Use Only: Form Version March 05 08 0820 USACE Action ID No. DWQ No. (it any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing PA I I 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 27 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? VAI J V II. Applicant Information SAY ? ? 200 1. Owner/Applicant Information Art?cauwurYs?w Name: Mr. Pete Faust Mailing Address: 1044 Lyerly Ridge Road NW os tea' Concord, NC 28207 Telephone Number: 804-366-5513 Fax Number: NA E-mail Address: NA 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Andrea M Spangler Company Affiliation: Wildlands Engineering, Inc. Mailing Address: 1430 S. Mint Street Suite 104 Charlotte, NC 28203 Telephone Number: 704-332-7754 ext 101 Fax Number: 704-332-3306 E-mail Address: aspangler@wildlandsinc.com Updated 11/1/2005 Page 1 of 8 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Faust Site Stream Enhancement 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4690842570 4. Location County: Cabarrus Nearest Town: Concord Subdivision name (include phase/lot number): Carriage Downs, Lot 282 Directions to site (include road numbers/names, landmarks, etc.): Traveling north on I-85 from City of Charlotte cross into Cabarrus County and travel approximately 6 more miles. Exit right onto Poplar Tent Rd Travel approximately 1 mile Turn right onto Lyerly Ridge Rd. Continue to the end of the road. Stream runs behind 1044 Lyerly Ridge Rd. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35° 23'56.158" ON 80° 41' 2.37" °W 6. Property size (acres): 1.4 acres 7. Name of nearest receiving body of water: Unnamed tributary to Coddle Creek 8. River Basin: Yadkin (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The proposed stream enhancement site is located on a degraded and incised section of an unnamed tributary that flows through a mostly residential Updated I IM /2005 Page 2 of 8 area of the City of Concord The project is approximately 344 feet in length and is located entirely within one residential parcel. There are residential structures located on the left bank of the project reach. There are no structures on the right bank The land to the south of the project is currently cleared and a residential development is being planned for the area 10. Describe the overall project in detail, including the type of equipment to be used: The proposed changes to the channel will reduce bank erosion provide lateral diversity of stream depth and velocity, and increase vertical diversity by creating stable functioning riffles, steps and pools. Various types of equipment will be used including a track excavator, loader, dump truck, and hand labor. See attached plans for more detail 11. Explain the purpose of the proposed work: The purpose of this work is to enhance approximately 344 linear feet of degraded and incised stream such that a stable dimension and profile are achieved IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. No permits or JDs have been requested and/or obtained for this project in the past V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No future permit requests are anticipated for this project VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Updated 11/1/2005 Page 3 of 8 1. Provide a written description of the proposed impacts: This is a stream enhancement project. All impacts will be temporary. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list imnacts due to tenth ctnictnre anti flood;no Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year r I00 la (es/no Distance to Nearest Stream (linear feet) Area of Impact (acres) Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: NA 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included- To calculate acreage mn1tin1v lPnoth X AXAlith than rliv;rla 1,x. Al Gfn Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent? Stream Width Length Impact (indicate on map) Before Impact (linear feet) ) (acres) 1 UT1 Temporary Perennial 10 344 0.08 Total Stream Impact (by length and acreage) 344 0.08 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill. excavation. dredLyins?_ flooding- drainage hulkhearlc ern Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on ma) ocean, etc.) (acres) Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U_S_ resulting from the nrnier,t- Stream Impact (acres): 0.08 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.08 Total Stream Impact (linear feet): 344 7. Isolated Waters Updated 11/1/2005 Page 4 of 8 Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): NA Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): NA Current land use in the vicinity of the pond: NA Size of watershed draining to pond: NA Expected pond surface area: NA VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The project constitutes a positive impact since it will enhance stream function and habitat by improving bed features in the stream. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, Updated 11/1/2005 Page 5 of 8 but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most current version.). 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://www.nceep.net/paages/inlieureplace.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): NA Amount of buffer mitigation requested (square feet): NA Amount of Riparian wetland mitigation requested (acres): NA Amount of Non-riparian wetland mitigation requested (acres): NA Amount of Coastal wetland mitigation requested (acres): NA IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Updated 11/1/2005 Page 6 of 8 Yes ? No 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify NA )? Yes ? No ? 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 3 (2 for Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. NA XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. The vroiect involves work in the stream only: no work will be performed outside the stream corridor and no impervious area will be added during this project. XII. Sewage Disposal (required by DWQ) Updated 11/1/2005 Page 7 of 8 Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. NA XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: No this is a stream enhancement project. This type of project will not encourage development in the area. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). NA S &1, _,? Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) ,? /;)4/1) Updated 11/1/2005 Page 8 of 8 Figure 1 4, 1 7/ , 11 ?? 11 e N % - , 0 .? ? rK, L . . ?`.. IKII/ x ` } r ti G `?fr ! Af. ile- r' r 1} -? 1305 1 F ,?.r ,- Us- Faust Property Faust Site Stream Enhancement Project Wildlands Engineering, Inc. 1430 South Mint Street #104 watershed USGS Topographic Map Charlotte, NC 28203 7043327754 0 150 300 600 Feet Cabarrus County, NC Figure 2 Faust Site Stream Enhancement Existing Conditions and Design Summary Wildlands Engineering is developing construction documents for a stream enhancement project on 325 linear feet of degraded and incised unnamed tributary on the Faust property in Concord, NC. This memorandum summarizes our watershed assessment and design parameters for the unnamed tributary. Figure 1 illustrates the project site and the UT watershed. A photo log of the project is also attached. Watershed Delineation The project site is located in western Cabarrus County in the City of Concord in the Yadkin River basin. The drainage area to the UT is approximately 0.22 square miles (145 acres). The drainage area of the creek historically was used as a quarry as shown in Figure 1, but has been developed for residential land use (Figure 2). The UT flows into another unnamed tributary which then flows into Coddle Creek. Land Use The Faust Site watershed is located in a largely residential setting; approximately 58% of the land in the watershed has been developed, primarily for residential use. The land uses within the watershed include residential (57%), forested/agricultural (42%) and industrial/commercial (1%). Approximately 18% of the land surface in the watershed is impervious. A residential development in the southem part of the watershed is being planned which, once constructed, will increase the impervious surface in the watershed to approximately 20%. Soils The primary soil type found within the floodplain of the project site is Poindexter loam, 8 to 15% slopes soils. These soils are strongly sloping, well drained, and moderately deep. They formed in residuum from mafic or a mixture of felsic and mafic rock. Their subsurface layer is loamy. Permeability is moderate and shrink-swell potential is low. The seasonal high water table is below 6 feet. (National Soil Information (NASIS) Database, 2008) Existing Stream Condition The UT is currently incised, with bank height ratios in the 1.2 to 2.0 range. The portion of the tributary being restored lacks bedform diversity such as deep pools and steep riffles. The upstream section of UT is actively and becomes disconnected to its floodplain in the downstream section. UT has moderate woody vegetation to help stabilize the banks. Bankfull Estimation The NC Piedmont regional curve was used to predict an appropriate bankfull discharge and cross-sectional area for the design reach. The upstream watershed has developed over the last 10 years. The existing channel is incising and bankfull indicators shift downward as the channel incises. Clearly defined bankfull indicators were not observed in the field. The bankfull discharge used for this design is 70 cfs; the cross-sectional area is 12 square feet. Design Summary The channel is designed as an enhancement due to horizontal constraints such as a house and vertical constraints of tying into the existing channel elevation at the upstream and downstream property lines. Excavation of bankfull benches will take for most of the project length. Bankfull bench widths will be a minimum of 15 feet and will be tied into the existing grade at a 2:1 slope or flatter. Entrenchment ratios are designed to be greater than 1.4. Bank height ratios are designed to be at 1.0. The upper portion of the design reach has a flatter slope and can support a riffle-pool bedform without vertical steps. A new channel will be constructed that will have greater sinuosity than the existing channel. Full restoration sinuosity cannot be achieved due to the proximity of the house and mature hardwoods. Constructed riffles with log sills will be used to set grades. The steeper downstream portion of the existing UT has a bedrock channel bottom and will not be relocated. The majority of the work in this section will consist of stabilizing the vertical right bank by installing boulder toe protection, grading the bank to a flatter slope and planting vegetation. A summary of design parameters is attached as Table 1. Typical riffle and pool cross-sections are summarized in Figure 3. A plan and profile sheet, details, planting plan and an erosion control plan are included in the plan set. Wildlands Engineering Page 2 Faust Site Existing Conditions and Design Summary March 19, 2008 Figure 3 Typical Cross-Sections Channel Parameters Bankfull Area (ft2) 3.56 Riffle Cross-Section Max Depth (Bkf) (ft) 0 75 Mean Depth (bkf) (ft) • 0.51 2 Bankfull Width (ft) 7.00 Width/Depth Ratio 13.75 1 Slope 4-5 (Bank Slope) 3.0 c Slope 5-6 (Channel slope) 0.0 2 0 Slope 6-7 (Channel slope) 0.0 > Slope 7-8 (Bank Slope) 3.0 w -1 max depth/ mean depth ratio 1.47 -2 2 1 0 c -1 -2 i w -3 -4 35 40 45 50 55 60 Distance (ft) Channel Parameters Bankfull Area (ft2) 5.19 In-Line Pool Cross-Section Max Depth (Bkf) (ft) 1.00 200 Mean Depth (bkf) (ft) 0.61 Bankfull Width (ft) 8.50 1.00 Width/Depth Ratio 13.93 j Slope 4-5 (Mid-channel Slope) 3.0 c 0.00 Slope 5-6 (Channel slope) 8.0 °_ Slope 6-7 (Channel slope) 8.0 m -1.00 Slope 7-8 (Bank Slope) 3.0 w -2.00 ? dnool/driffle 1 1414 -3.00 wNvvuwnme 1.11 Apool/Ariffle 1.46 Channel Parameters Bankfull Area (ft2) 5.47 Max Depth (Bkf) (ft) 1.00 Mean Depth (bkf) (ft) 0.59 Bankfull Width (ft) 9.25 Width/Depth Ratio 15.65 Slope 4-5 (Mid-channel Slope) 5.0 Slope 5-6 (Channel slope) 12.0 Slope 6-7 (Channel slope) 4.0 Slope 7-8 (Bank Slope) 2.0 dpool/driffle 0.50 wpool/wriffle 0.93 Apool/Ariffle 0.46 Meander Pool Cross-Section 40 50 60 70 80 90 Distance (ft) 40 45 50 55 60 Distance (ft) H M LL 0 rn U T d m L U L 2- 0 O N C S, x o O Q Q O O Q .:Z Z .. CD - p N t T tp N OD O O `? ir V x N i N O$ N- N t N O 4 r N 0 0 0 0 N ?- f r r ?t :? O °° s pC C N C O 0 ` C\j .R S Q Q Co O Z C 1A CO _ ,N N v d C .T Lo R L. ON lq , N OT j ?v I. ! O . r Co O C t N C N c :O p tN O N r O - N c?*J -1(pVy P C M r .. $ , m ? •G IA p N ?I ? r N N Q N i? Q ?Q Z .4, Q Z O O u'> N _ Crj T ! :"C j F , `G M f `Q . '?. ?A f ! i- C . . , p y d E ?. °N `O O O is r ?Q r Q { Q ?p - O O Ch gy?pp Q l Y. F - h I . C r K t' 7 .: O ??. p F I ?? j F ?.. i- ,• . F O C\J j f: i ! .- t 3 4 ? t f i `? . _ O i S O 0` 2 0 F. o C I U CL -Ca a) C w c .. C, cs b L 0 3 0 - w _ I 4 C' m? Q e Q O 21 a_ C 0 N y 9 O - it o C C L C Q T C f0 '? ". f Cl (A Fes' a) a) cc a a a a a ` E o ` s E. m c 2 c c m' m C: 0 (o c cc c { /t1 'M5 cn t o C X ¢ ° 0 .. M CD qlp? U LY1 m Cu m o J IL W ?Y (/ > GL ,? d W d CE r N C9 V m CO P 00 (P .? r r r _w r r ;W r _O Cv N NN C7 a N •N N N CV N () (O) F 2 a_ _m N 0 0 0 N Co N Co Cu a c rn N O U X C W Cu 11 0 _o N 0 LO O O U O d U Faust Site Stream Enhancement Photo Log Ala ,? ?WY 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): 3/19/08 B. DISTRICT OFFICE, FILE NAME, AND NUMBER:Faust Site Unnamed Tributary PROJECT LOCATION AND BACKGROUND INFORMATION: State:NC County/parish/borough: Cabarrus City: Concord Center coordinates of site (]at/long in degree decimal format): Lat. 35° 23'56.158"° t4, Long. 80° 41' 2.37"° W. Universal Transverse Mercator: Name of nearest waterbody: Coddle Creek 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. Q 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): E Office (Desk) Determination. Date: Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There "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 may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There 90 "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): r 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 Identify (estimate) size of waters of the U.S. in the review area: Non-wetland waters: 3251inear feet: 10width (ft) and/or 0.07 acres. Wetlands: acres. Limits (boundaries) of jurisdiction based on: bushed by. Elevation of established OHWM (if known): Non-regulated waterstwetlands (check if applicable):3 Q 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. I SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and and Section III.D.1.; otherwise, see Section IILB below. 1. TNW Identify TNW: Summarize rationale supporting determination: 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) now, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial now, 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 waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section 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.C below. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 145acres Drainage area: 145 acres Average annual rainfall: 46.2 inches Average annual snowfall: 4 inches (ii) Physical Characteristics: (a) Relationship with TNW: ? Tributary flows directly into TNW. ® Tributary flows through t tributaries before entering TNW. om TNW. (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Project waters are P-10 river miles from TNW. Project PW. waters are 1 (or less) river miles from R Project waters are S•10 aerial (straight) miles fr Project waters are i (or less) aerial Identify flow route to TNW5: Unnamed tributary to unnamed tributary to Coddle Creek to Rocky River. Tributary stream order, if known: first order. Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. 5 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 annlv): Tributary is: ® Natural ? Artificial (man-made). Explain: ? Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: 10 feet Average depth: 4 feet Average side slopes: Vertical (1:1 or less). Primary tributary substrate composition (check all that apply): ® Silts ? Sands ® Cobbles ® Gravel ® Bedrock ? Vegetation. Type/% cover: ? Other. Explain: ? Concrete ? Muck Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: incised degraded stream. Presence of run/riffle/pool complexes. Explain: limited. Tributary geometry: Relatively straight Tributary gradient (approximate average slope): 2.56 % (c) Flow: Tributary provides for: jtW Row Estimate average number of flow events in review area/year: 6,.JT0 Describe flow regime: Other information on duration and volume: Surface flow is: Confined. Characteristics: Due to channel incision, most storm flows are confined in the channel. Subsurface flow: VioA a. 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): El Discontinuous OHWM.' Explain: the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted 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): Q High Tide Line indicated by: ] Mean High Water Mark indicated by: ? oil or scum line along shore objects ? survey to available datum; ? fine shell or debris deposits (foreshore) ? physical markings; ? physical markings/characteristics ? vegetation lines/changes in vegetation types. ? tidal gauges ? other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: watershed was formerally primarily a quarry is now residential development. . Identify specific pollutants, if known: 6A 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): ? 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 now 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: pith Characteristics: Subsurface flow: 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) Proximity (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: P& List. Estimate approximate location of wetland as within the IPick List 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: "yet lasi Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (YIN) Size (in acres) Directly abuts? (YIN) 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: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 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: 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. El Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: 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: 3. Non-RPWs8 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. El 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: El Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section 111.13 and rationale in Section III.D.2, above. Provide rationale indicatine 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 now 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: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. M 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: acres. 7. 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: [] Other factors. Explain: Identify water body and summarize rationale supporting determination: 8See Footnote # 3. 9 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. Provide estimates for jurisdictional waters in the review area (check all that apply): ? Tributary waters: linear feet width (ft). ? Other non-wetland waters: acres. Identify type(s) of waters: ? Wetlands: acres. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ? If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. ? Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ? Prior to the Jan 2001 Supreme Court decision in "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: 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): linear feet, width (ft). Lakes/ponds: acres. st 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. ? 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