20081221 Ver 1_401 Application_20080808

PLYW" T
0 8- 1 2 2 1
McNeary
NC Highway 29 -East Mallard Creek
Church Road Commercial Project
Charlotte, Mecklenburg County
North Carolina
Joint Application Form and Supporting Documentation for
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS AND NCDENR
Prepared For
Ms. Lydia McNeary
1436 Queens Road West
Charlotte, NC 28207
Prepared By:
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
[phone]
August 11, 2008
r?
AUG 1 2 2008
WETLANDS AND STORMWATER 8RANCH
Page I of 1 I
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
X Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
X 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit #39
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: NA
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: ?
II. Applicant Information
D
1. Owner/Applicant Information A U G 1 2 2008
Ms. Lydia McNeary
1436 Queens Road West DENR - WAIERQUALITY Charlotte, NC 28207 WETLANDS AND STORMWATER BRANCH
Telephone Number: Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Leonard S. Rindner, PWS
Company Affiliation: Leonard S. Rindner, PLLC
Mailing Address: Wetlands and Environmental Planning Group
3714 Spokeshave Lane
Matthews, NC 28105
Telephone Number: 704 904 2277 Fax Number: 704 847 0185
E-mail Address: lcn.rindncr.pws&gyrnai1.com
Page 2 of 11
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: NC Highway 29 - East Mallard Creek Church Road Commercial Project
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Mecklenburg Nearest Town: Charlotte
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): Intersection of North
Tryon and East Mallard Creek Church Road - see attached location map
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): 35.3221 ON 80.7337 °W
6. Property size (acres): 3.3246
7. Name of nearest receiving body of water: UT of Mallard 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: Former disturbed agricultural land and timbered land; urban
disturbance; kudzu.
Page 3 of 11
10. Describe the overall project in detail, including the type of equipment to be used: The
project is a pharmacy/store' parking and stormwater treatment facilities to service the
University area. Heavy construction equipment will be utilized.
11. Explain the purpose of the proposed work: Development of pad for commercial
development and parking, including stormwater management facilities.
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. A wetland and stream delineation was conducted for the site. This
information was utilized in the planning and development of the proposed site plan. The protect
site was originally permitted as part of University Exchange which were withdrawn due to a
change in plans and economic conditions - see attached correspondence with the USACE and
NCTIFNR
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.
Additional permit are not expected for this project. If additional impacts are required, a PCN will
be submitted as required.
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.
1. Provide a written description of the proposed impacts: Impacts to wetlands are limited
to an unimportant intermittent stream (score of 19 or less according to NCDENR Stream
Page 4 of 11
Identification Guidelines). Impacts to wetlands within the floodplain are avoided. The
sewerline connections will be implemented in accordance with NWP #12.
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 impacts due to both structure and flooding. Not Applicable
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)

3. List the total acreage (estimated) of all existing wetlands on the property: Approximately
1 / 101h acre.
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, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on map)
Stream Name
Type of Impact
Perennial Intermittent?
? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
1 UT of Mallard Ck NWP #39 Intermittent 3' 277 .02

Total Stream Impact (by length and acreage) 277 .02
Page 5 of 11
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, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on map) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.02 ac
Wetland Impact (acres): 0.00ac.
Open Water Impact (acres): 0.00 ac.
Total Impact to Waters of the U.S. (acres) 0.02 ac.
Total Stream Impact (linear feet): 277 if
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes X 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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): stormwater management facilities are proposed
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
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.
Page 6 of 11
Impacts are limited to an unimportant intermittent stream. The stream scores approximately 17
according to NCDENR-DWQ - Stream Identification Guidelines which could be considered
below the intermittent stream designation.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o. enr. state.nc. us/ncwetlands/strmgide. html.
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.
Impacts are limited to less than I /1 Oth acre and to an unimportant intermittent stream. Bio-
retention facilities are proposed.
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
[phone] 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
Page 7 of 11
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information: NA
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
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 X
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 [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
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 V 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* I Impact Multiplier I Required
(sauare feet) Mitigation
1 3 (2 for Catawba)
2 1.5
Total
Page 8 of 11
* 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.
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.
A stormwater management plan is proposed for the project and will be submitted to NCDENR for
approval. The attached plan indicates the location and sizing of the stormwater treatment facilities.
Page 9 of 11
RUNOFF VOLUME EQUATIONS
*Note: The Water Quality Protection Volume (WQv) is the runoff volume
required when designing a BMP to treat the runoff from a 1-inch rainfall event.
Rv = 0.05 + 0.009( 1 )
Rv = Volumetric Runoff Coefficient (Runoff/Rainfall) - unitless
I = % Impervious
WQv = (1.0*Rv*A)/12
WQv = Water Quality Volume based on the 1-inch, 6-hour storm event (Ac. Ft.)
A = Total Drainage Area (ac)
("Simple Method" - Schueler, 1987)
"I" = 60 Percent Impervious
"A" = 2.2 Acres
Rv = 0.59
Answer:
WQv = 0.108 Ac. Ft.
4712 Cubic Feet Required
IIBIORETENTION SIZING
Af = (WQv)(df)/[(k)(hf+df)(tf)]
Af = Surface area of ponding area (S.F.)
WQv = Water Quality Control Volume, total volume to be captured (ft 3)
df = Filter Bed Depth (ft)
k = coefficient of permeability of filter media (ft/day)
hf = Average height of water above filter bed (ft)
tf = Design filter bed drain time (days)
Design Requirements:
Height of water (hf) must be max 3:1 side slope and max 12" depth
Drain time (tf) must be within 48 hours (2 days) (greater than 1.3 days optimal, 1.0 days standard)
Filter bed depth (df) must be 2 ft min (standard efficiency), 4 ft min (optimal efficiency)
Fill in Values:
k = 1 ft./day
df = 2 Feet
hf = 3 inches
tf = 2 Days
Answer:
Per meabilit Coefficie nts
Soil Type k (in./hr.) k (ft./day)
Sand 6 12
Loamy Sand 2 4
Sandy Loam 0.5-1.0 1.0-2.0
Silt Loam 0.02 0.04
Af = 2094 Square Feet Required
32 Width
65 Len th A roximate Size
Area Provided (see plan): 3345 Square Feet
Page 10 of 11
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Municipal facilities
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application? Yes ? No X
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 X
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/newetlands. If no, please provide a short narrative description:
The project is developing to provide services to the residential developments in the University
area. The project site is subject to stormwater management requirements as a result of the 401
WQC required for the project.
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 ., draw-down schedules for lakes, dates associated with Endangered and
Threatened S ci , accFssibility problems, or other issues outside of the applicant's control).
,pe (90 1)09

Applicant/Agent's Signature Date
is signature is valid only if an authorization letter from the applicant is provided.)
Page 11 of 11
Corps Submittal Cover Sheet
Please provide the following info:
1. Project Name Highway 29 - East Mallard Creek Church Commercial Project
2. Name of Property Owner/Applicant: Lydia A. McNeary
3. Name of Consultant/Agent: Leonard S. Rindner,
*Agent authorization needs to be attached.
4. Related/Previous Action ID number(s):
5. Site Address: Intersection of NC 29 and Mallard Creek Church Road
6. Subdivision Name: Highway 29-East Mallard Creek Church Commercial Project
7. City: Charlotte
8. County: Mecklenburg
9. Lat: 35 . 3221 N Long: 80 • 7337
10. Quadrangle Name: Harrisburg
11. Waterway: UT of Mallard Creek
12. Watershed. Yadkin
13. Requested Action:
X Nationwide Permit # 39
General Permit #
Jurisdictional Determination Request
_ Pre-Application Request
The following information will be completed by Corps office:
AID:
Prepare File Folder Assign number in ORM
Authorization: Section 10
Project Description/ Nature of Activity/ Project Purpose:
,(Decimal Degrees Please)
Begin Date
Section 404
PWS
Site/Waters Name:
Keywords:
LEONARD S. RINDNER. PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC; 28105
Land Planning Tele: [phone]
Fax [phone]
August 5, 2008
Lydia A. McNeary
1.436 Queens Road West
Charlotte, North Carolina 28207
RE: 3.3246 acres located at the southern corner Highway 29 and
Mallard Creek Church Road, Charlotte, North Carolina
Dear Ms. McNeary:
In order to interface with the United States Army Corps of Engineers and the North
Carolina Department of Natural Resources, I will need your authorization.. Please sign
the following statement:
This letter authorizes Leonard S. Rindner, PWS as our agent in matters related to
Waters of the U.S. and Waters of North Carolina for the referenced project site. This
includes interfacing with the United States Army Corps of Engineers and the North
Carolina Department of Natural Resources.
a. rn August J, 2008
N ne Lydia A. Nea y Date
have any questions or require additional explanation. Thank
Environmental Planning Consultant
Profession Wetland Scientist
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35.3221°N, 80.7337°W (NAD27) SCALE = 1:24,000 McNeary - MALLARD CREEK CHURCH ROAD/HWY
USGS Harrisburg (NC) Quadrangle 29
Projection is UTM Zone 17 NAD83 Datum
APPROXIMATE SITE LOCATION
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Soil Map-Mecklenburg County, North Carolina POOLE - MALLARD CREEK CH RD / HWY 29
Map Unit Legend
Mecklenburg County, North Carolina (NC119)
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI
EnB Enon sandy loam, 2 to 8 percent 9.7 14.9%
slopes
EnD Enon sandy loam, 8 to 15 12.1 18.5%
percent slopes
MO Monacan loam 32.8 50.3%
W Water 3.4 5.3%
WkD Wilkes loam, 8 to 15 percent 6.2 9.5%
slopes
WkE Wilkes loam, 15 to 25 percent 1.0 1.6%
slopes
Totals for Area of Interest (AOI) 65.2 100.0%
USDA Natural Resources Web Soil Survey 2.0 11/16/2007
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McNea Pro pert
Bioretenfion Area Calculations
W„m, g
+Colejersest
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CJS PROJECT NO.: 3738
DATE: 211112008 BY: CJS
REVISED: 08104108 RVW. CJS Land Planning + lands-pr A.Ph rPPrurP + civil EnginPPrinq + Illlean rkzign
RUNOFF VOLUME EQUATIONS
*Note: The Water Quality Protection Volume (WQv) is the runoff volume
required when designing a BMP to treat the runoff from a 1-inch rainfall event.
Rv = 0.05 + 0.009( 1 )
Rv = Volumetric Runoff Coefficient (Runoff/Rainfall) - unitless
I = % Impervious
WQv = (1.0*Rv*A)l12
WQv = Water Quality Volume based on the 1-inch, 6-hour storm event (Ac. Ft.)
A = Total Drainage Area (ac)
("Simple Method" - Schueler, 1987)
"1" = 60 Percent Impervious
"A" = 2.2 Acres
Rv = 0.59
Answer:
WQv = 0.108 Ac. Ft.
4712 Cubic Feet Required
BIORETENTION SIZING
Af = (WQv)(df)/I(k)(hf+df)(tf)l
Af = Surface area of ponding area (S.F.)
WQv = Water Quality Control Volume, total volume to be captured (ft)
df = Filter Bed Depth (ft)
k = coefficient of permeability of filter media (ft/day)
hf = Average height of water above filter bed (ft)
If = Design filter bed drain time (days)
Design Requirements:
Height of water (hf) must be max 3:1 side slope and max 12" depth
Drain time (tf) must be within 48 hours (2 days) (greater than 1.3 days optimal, 1.0 days standard)
Filter bed depth (df) must be 2 ft min (standard efficiency), 4 ft min (optimal efficiency)
Fill in Values:
k = 1 ft./day
df = 2 Feet
hf = 3 inches
tf = 2 Days
Per meabilit Coefficie nts
Soil Type k (in./hr.) k (ft./day)
Sand 6 12
Loamy Sand 2 4
Sandy Loam 0.5-1.0 1.0-2.0
Silty Loam 0.02 0.04
Answer:
Af = 2094 Square Feet Required
32 Width
65 Length Approximate Size
Area Provided (see plan): 3345 Square Feet
McNea Property
Bioretention Area Calculations
CJS PROJECT NO.: 3738 +ColeJenest w In ?A 1 n
DATE: 2111/2008 BY: CJS
REVISED: 08104108 RVW: CJS L-1 Planning - L-d-pr Archit-w- - Civit Fnginorriny + Whnn [Resign
(WATER DRAW THROUGH RATE
1) Calculate Time to drawdown water from inundation to saturation at surface:
Q = (Af)(k)(hf+df)/(df)
-Q= 0.0436 cfs
Volume/Q: 24040 Seconds
6.7 Hours to Saturation
2) Calculate time to drawdown through filter media:
Q = (Af)(k)(df)/(df)
Q= 0.0387 cfs
Volume = Area x df x (porosity = 0.45)
= 1885 Cubic Feet
Volume/Q: 48681 Seconds
13.5 Hours to drain media
3) Calculate total time to dewater basin:
T = (1) + (2) = 20.2 Hours to dewater basin
!UNDERDRAIN SIZING
As a rule of thumb, the length of underdrain is based on 10% of Af
L = 52 Feet in 4' wide stone bed (L=0.1 WAf/4)
Pipe Size:
N*D = 16*{((Q*10)*n)/s"0.5)"(318)
Where: N = number of pipes
D = diameter of pipes (in)
Q = Flow (cfs) * 10 for factor of safety
n = manning coefficient (see Table)
s = slope of pipe (typically assumed to be 0.5%)
n = 0.015
Mannings Roughness Coef ficients
Pipe Type & Diameter n
4" Single Wall Corrugated Plastic 0.014-0.015
4" Smooth Wall Plastic 0.010-0.011
6" Single Wall Corrugated Plastic 0.014-0.015
6" Smooth Wall Plastic 0.010-0.011
8" Single Wall Corrugated Plastic 0.015-0.016
s = 0.005 (in decimal form)
N*D = 6.5 Inches
D = 6.0 Inches (Minimum = 6 inches)
N = 2.0
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 1: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
ASHEVILLE REGULATORY FIELD OFFICE
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Applicant:
Lydia A. McNeary
1436 Queens Road West
Charlotte, NC 28207
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Highway 29/Mallard Creek Church Road Wetlands A
State:NC County/parish/borough: Mecklenburg City: Charlotte
Center coordinates of site (lat/long in degree decimal format): Lat. 35.32040 N, Long. 80.73420 W. C &RPW B
Universal Transverse Mercator: Zone 17 NAD83 Datum
Name of nearest waterbody: Mallard 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 up6n 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):
0 Office (Desk) Determination. Date:
Field Determination. Date(s):
SECTION If: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
Therf3re no "navigable waters of the U.S"within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR art 3
review area. [Required]
Waters subb ect to the ebb and flow of the tide. part 329) in the
Explain:
Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commer
ce.
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
Therf3re "waters ofthe U.S" within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area
1• Waters of the U.S. [Required]
a. Indicate presence of waters of U.S. in review area (check all that apply):
TNWs, including territorial seas
Wetlands adjacent to TNW,
Relatively permanent waters-' (RPWs) that flow directly or indirectly into TNWs
Non-RPWs that flow directly or indirectly into TNWs
a Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Boxes chec elow shall be supported
For purpose this form, an RPW defined altrib gathe app r} that is Hotta TNtW and that typ?oncaIII lly below,
(e.g., typical] o for
flows
year-round or has continuous flow at least "seasonally"
® Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Q Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
Impoundments of jurisdictional waters
Q 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: 2341inear feet: 4width (ft) and/or acres.
Wetlands: .I acres.
c. Limits (boundaries) of jurisdiction based on: i96T«ileationunual
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):'
Q Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
' Supporting documentation is presented in Section 111T.
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 2
and Section III.D.I.; 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.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 1420 square miles
Drainage area: 5.7 acres
Average annual rainfall: 44 inches
Average annual snowfall: 2 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
? Tributary flows directly into TNW.
® Tributary flows through 2 tributaries before entering TNW.
Project waters are 5-10 river miles from TNW.
Project waters are 1: (or,less) river miles from RPW.
Project waters are 510 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 TNWs: Mallard Creek to Rocky River.
Tributary stream order, if known:
' Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
Flow mute 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: 4 feet
Average depth: 3 feet
Average side slopes: Primary tributary substrate composition (check all that apply):
? Silts ® Sands ? Concrete
? Cobbles ? Gravel ? Muck
? Bedrock ® Vegetation. Type/% cover: tributary is completely covered by overstory tree canopy
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Eroding.
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: R, _W
.
Tributary gradient (approximate average slope): 5 %
(c) Flow:
Tributary provides for: p3iov
Estimate average number of flow events in review area/year: 25
Describe flow regime: RPW "B" flows after rain events.
Other information on duration and volume: the volume may be high due to road run-off of Hwy 29..
Surface flow is:? Characteristics:
Subsurface flow: 00,Qdi) t. Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
® OHWMe (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):
? Discontinuous OHWM.7 Explain:
If factors other than the OHWM were used to determ
High Tide Line indicated by: []
? oil or scum line along shore objects
? fine shell or debris deposits (foreshore)
? physical markings/characteristics
? tidal gauges
? other (list):
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
ine lateral extent of CWA jurisdiction (check all that apply)
Mean High Water Mark indicated by:
? survey to available datum;
? physical markings;
? vegetation lines/changes in vegetation types.
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain: Water color is clear.
Identify specific pollutants, if known: none know, however the RPW "B" is probably influence by road run-off.
(A natural or man-made discontinuity in the 01IWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OH WM has been removed by development or agricultural practices). Where there is a break in the OH W M 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 now 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: Amphibians observed in field.
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%I acres
Wetland type. Explaimoverland flow.
Wetland quality. Explain:hyrdic soils, hyrodphytic vegetation, and wetland hydrology is present.
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: lEphemeral$ow. Explain: Flows from wetlands A and C to offsite wetland adjacent to Mallard Creek.
Surface flow is: bverlands)EreeiAow
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: Wetlands A & C flow into offsite wetland which is adjacent to Mallard Cr..
® Separated by berm/barrier. Explain: Wetlands A & C have been partially been created by a man-made berm
seperating from offsite wetland.
(d) Proximity (Relationship) to TNW
Project wetlands are 5-10 river miles from TNW.
Project waters are 5-10 aerial (straight) miles from TNW.
Flow is from: Wegand.to navigable waters.
Estimate approximate location of wetland as within the S?- 100 year 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: Water is slightly brown color.
Identify specific pollutants, if known: None known, however road run-off is present.
(iii) Biological Characteristics. Wetland supports (check all that apply):
? Riparian buffer. Characteristics (type, average width):
® Vegetation type/percent cover. Explain:Carex crinita/30%, Platanus occidentalis/20%, Typha latifolia/5%.
® Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
® Aquatic/wildlife diversity. Explain findings: Habitat for amphibian life cycles.
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: 2
Approximately (.I ) 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)
A (N) .07 C (N) .03
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TN Ws, or to reduce the amount of pollutants or flood waters reaching a 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:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section 111.D: The RPW "B" is connected to the wetlands by way of an ephemeral (or storm water conveyance channel), which has
the capacity to convey pollutants to Mallard Creek by way of wetlands "A" and "C". Wetlands "A" and "C" flow offsite into a
wetland adjacent to Mallard Creek.
D. DETERMINATIONS OF.IURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
Q TNWs: linear feet width (ft), Or, acres.
Q Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
Q 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 111.6. Provide rationale indicating that tributary flows
seasonally: The RPW has an OHWM, which indicates it flows at least 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-RPWss that flow directly or indirectly into TNWs.
Q 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:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section 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 111.13 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:.1 acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
[ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a 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 JINTERSTATE OR INTRA-STATE1 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.
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:
'See Footnote # 3_
'I'o 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.
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).
E] Other non-wetland waters: acres.
Identify type(s) of waters:
Wetlands: acres.
NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
13 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:
0 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
Lakes/ponds: acres. ) linear feet width (ft).
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
n Lakes/ponds: acres. ) linear feet, width (ft).
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
and requested, appropriately reference sources below): ' checked items shall be included in case file and, where checked
Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:Maps.
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: 1:24,000 USGS Harrisburg (NC).
USDA Natural Resources Conservation Service Soil Survey. Citation:http://websoiIsurvey.ncrs.usda.gov.
National wetlands inventory map(s). Cite name:
D State/Local wetland inventory map(s):
FEMA/FIRM maps:
[] 100-year Floodplain Elevation is: (National Geodectie Vertical Datum of 1929)
Photographs: ® Aerial (Name & Date):POLARIS 2007.
or ? Other (Name & Date):
Previous determination(s). File no. and date of response letter:
0 Applicable/supporting case law:
? Applicable/supporting scientific literature:
0 Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:
McNeary - Hwy 29
Intermittent Stream B
SF1
North Carolina. Division of Water Quality - Stream Identification Form; Version 3.1
Date: 11-12-07 Project. McNeary Latitude: 35.3204°14
Evaluator:TODD WARREN/NICK NELSONSite: Longitude: 80- /342-4
Total Points: Other :JSCS Aarrisburq !NC1
Stream is of least rntermi;tent 17 County: Me--klenburg COUNTY
if ?! f9 or perennial if ? 34 e.4. Quad Name:
A. Geomorphology (Subtotal = 11 1 Absent Weft Moderate Strong
1a. Continuous bed and bank 0 2 3
2_ Sinuosity 0 1 2 3
1 In-channel structure: riffle-pool sequence 1 2 3
4. Soil texture or stream substrate sorting 0 2 3
5 Activelrelic floodpla n 0 1 2 3
6_ Depositional bars or benches 0 1' 2 3
7. Braided channel 0 1 2 3
8.. Recent alluvial deposits 0 2 3
9 a Natural levees 0 2 3
10. Headcuts 0 1 2 3
11. Grade controls 0 0.5 1 1.5
12. Natural valley or drainageway 0 0.5 1 1.5
13. Second or greater order channel on existing
USGS or MRCS map or other documented
evidence.
Yes = 3
Man-made ditches are not rated: see discussions in manual
B. Hvdrolociv (Subtotal= 3
14. Groundwater flowldischarge 1 2 3
15. Water in channel and > 48 hrs since rain, or
Water in channel -- d or growing season 1 2 3
16. Leaflitter 1.5 1 l}.5 0
17. Sediment on plants or debris 0 0.5 C3 1
1.5
18. Organic debris lines or piles (Wrack lines) 0 0.5 1.5
19. Hydnc soils fredoximorphic features) present? No = 0 Yes = 1.5
C Riniornr (Riihtntal = 3 1
201). Fibrous roots in channel 3 1 0
21 . Rooted plants in channel 3 1 0
22. Crayfish 0 1 1.5
23. Bivalves 0 1 2 3
24. Fish 0.5 1 1.5
25. Amphibians 0 1b.51 1 1.5
26. Macrobenthos (note diversity and abtrndance) 0 0.5 1 1.5
27_ Filamentous algae: periphyton 1 2 3
28. Iron oxidizing bacterialfungus. 0.5 1 1.5
29 . Wetland plants in streambed FAC = 0.5: FACW = 0.75. OBL = 1.5 SA.':,'= 2.0, Other 0
hems 20 and 21 focus an the presence of upland plants, Item 28 focuses on the presence of aquatic or wetland alants
Sketch:
Notes- ;use back side ofthis form for additional notes.)
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: McNeary - HWY 2 9 Date: 1-20-08
Applicant/Owner: • County: Mecklenburg
Investigator: Todd Warren, Nicholas Nelson State: NC
Do Normal Circumstances Exist on the site? V Yes No Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes No ? Transect ID:
Is the area a potential Problem Area? Yes No ? Plot ID: A,C
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Platanus occidentalis Canopy FACW- 9_
2. Fraxinus pennsylvanica Canopy FACW lp
3. Acer negundo Sub-Ca FACW 11.
q Carpinus caroliniana Sub-Ca np FAC 12-
E, Carex crinita Herbace8 FACW+ 11
6 Typha latifolia Herbace? OBL _ 14.
7. 15.

Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-). 100%
Remarks:
HYDROLOGY
? Recorded Data (Describe in Remarks): Wetland hydrology Indicators:
Stream, Lake, or Tide Gauge Primary Indicators:
? Aerial Photographs y/ Inundated
Other ? Saturated in Upper 12 Inches
_ No Recorded Data Available ? Water Marks
Drift Lines
Sediment Deposits
Field Observations: ? Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Depth of Surface Water: 0 (in.) Oxidized Root Channels in Upper 12"
_V Water-Stained Leaves
Depth to Free Water in Pit: 1-2 (in.) Local Soil Survey Data
i/ FAC-Neutral Test
Depth to Saturated Soil: 1-2 (in.) Other (Explain in Remarks)
Remarks:
SOILS
Map Unit Name
(Series and Phase}: EnD Enon sandy loam Drainage Class:
Field Observations
Taxonomy (Subgroup): Confirm Mapped Type? /Yes No
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture. Concretions,
inches Horizon (Munsell_Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
1-2 A 5YR 3/2 N/A N/A Sandy Loam
3-10 B 5YR 5/1 5GY 7/1 10% Silty Loam
Hydric Soil Indicators:
Histosol _ Concretions
_
_ Histic Epipedon _ High Organic Content in Surfa ce Layer Sandy Soils
Suffidic Odor _ Organic Streaking in Sandy Soils
_
_ Aquic Moisture Regime - Listed on Local Hydric Soils List
Reducing Conditions _ Listed on National Hydric Soils List
? Gieyed or Low-Chroma Colors - Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? /Yes No (Circle) (Circle)
Wetland Hydrology Present? Yes No
Hydric Soils Present? Yes No Is this Sampling Point Within a Wetland? /Yes No
Remarks:
ApprOVea oy MUU--'/k(--C 7 at
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: McNeary - Highway 29 Date: 1-20-08
Applicant/Owner: County: Mecklenburg
Investigator: ToddWarren,Nichol asNelson State: NC
Do Normal Circumstances Exist on the site? ? Yes No Community ID :
Is the site significantly disturbed (Atypical Situation)? Yes No ? Transect ID:
Is the area a potential Problem Area? Yes No ? Plot ID: upland
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
,1 Uriodendron tulipifera Canopy FAC 9.
2. Ulmus rubra Sub-Card FAC lp
3. Carpinus caroliniana Sub-Cam FAC 11.
4 Rumex crispus Herbac? FAC 12.
5. '13.
6. 14.
7. 15.
& 16.
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-). 100°
Remarks:
1
11
HYDROLOGY
? Recorded Data (Describe in Remarks): Wetland hydrology Indicators:
Stream, Lake, or Tide Gauge Primary Indicators:
? Aerial Photographs Inundated
Other Saturated in Upper 12 Inches
_ No Recorded Data Available Water Marks
Drift Lines
Sediment Deposits
Field Observations: Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Depth of Surface Water: N/A (in.) Oxidized Root Channels in Upper 12"
Water-Stained Leaves
Depth to Free Water in Pit: N/A (in.) Local Soil Survey Data
FAC-Neutral Test
Depth to Saturated Soil: N/A (in.) Other (Explain in Remarks)
Remarks:
SOILS
Map Unit Name
(Series and Phase): EnD Enon sandy loam Drainage Class:
Field Observations
Taxonomy (Subgroup): Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
inches Horizon (Munsell_Moist) (Munsell_Moist) Abundance/Contrast Structure, etc.
1-2 A 5YR 4/4 N/A N/A Sandy Loam
3-8 B 5YR 5/6 N/A N/A Clay Loam
9- B 5YR 5/8 N/A N/A Clay Loam
Hydric Soil Indicators:
_ Histosol _ Concretions
_ Histic Epipedon _ High Organic Content in Surfa ce Layer Sandy Soils
_ Sulfidic Odor _ Organic Streaking in Sandy Soils
-Aquic Moisture Regime _ Listed on Local Hydric Soils List
_ Reducing Conditions _ Listed on National Hydric Soils List
_ Gleyed or Low-Chroma Colors - Other (Explain in Remarks)
Remarks:
IL-
I
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes
Wetland Hydrology Present? Yes
Hydric Soils Present? Yes
Remarks:
No ? (Circle) I (Circle)
No ?
No ? Is this Sampling Point Within a Wetland? Yes No ?
Approved by HCIUSACE 3.192
LEONARD S. RINDNER, PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning [phone]
July 7, 2008
Mr. Steve Chapin
US Army Corps of Engineers = Reg. Field Office
151 Patton Avenue - Room 208
Asheville, NC 28801 - 5006
Ms. Cyndi Karoly - Division of Water Quality - NCDENR
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
Mr. Alan Johnson - NCDENR - Division of Water Quality
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Re: University Exchange Business Center - DWO 04-0494V2; SAW 2008 00688-360,
Mecklenburg County, North Carolina - Permit Withdrawal
Dear Madame and Sirs:
On behalf of Mr. Grey Poole of MarkPiercePoole Properties, Inc., due to a change of
plans and economic conditions as well as discussions with Steve Chapin of the USACE on
May 29, 2008 and Alan Johnson of NCDENR-DWQ on June 13, 2008, I am requesting a
WITHDRAWAL of 401 Water Quality Certification and the Nationwide Permit
Verification for University Exchange Business Center project as submitted on February
21, 2008.
me,iryou have any questions or require additional explanation. Thank you.

?eonard S. Rindner, PWS
Environmental Planning Consultant
(. Professional Wetland Scientist
Cc: Mr. Grey Poole
Mark Pierce Poole Properties, Inc
1341 East Morehead Street
Charlotte, NC 28204
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2008-00688-360 County: Mecklenburg USGS Quad: Harrisburg
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Mr. Grey Poole / Mark Pierce Poole
Address: 1001 Morehead Square, Suite 195
Charlotte, NC 28203
Telephone No.:
Size and location of property (water body, road name/number, town, etc.): University Exchange
Business Center located on a 7.9 acre tract at the intersection of North Tryon and East Mallard
Creek Church Road, in Charlotte
Description of projects area and activity: This permit authorizes impacts to 277 LF of an intermittent,
UT-Mallard Creek The purpose of the proposed work is to develop a pad for commerical
development and parking, including bio-retention facilities.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the
authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of'
Engineers regulatory program, please contact Steve Chapin at 828-271-7980.
Corps Regulatory Official Steve Chapin Date: March 11, 2008
Expiration Date of Verification: March 11, 2010
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the attached customer Satisfaction Survey or visit
litti)://www.saW.Li,sace.ai-iily.illiI/WE'FI,ANDS/iiidex.htiflI to complete the survey online.
Determination of Jurisdiction:
A. ? Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. ? There are Navigable Waters of-the United States within the above described project area subject to the
permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
Unless there is a change in the law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
D. ? The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued-. Action ID
Basis of Jurisdictional Determination: The site contains wetlands as determined by the USACE 1987 Wetland
Delineation Manual and is adjacent to stream channels that exhibit indicators of ordinary high water marks. The
stream channel on the property is an unnamed tributary to Mallard Creek which flows into Mallard Creek which
flows into the Rocky River which flows into the Yadkin River and ultimately flows to the Atlantic Ocean through
the Mallard Creek>Rocky River>Yadkin River system which is a Section 10 navigable-in-fact waterway at Blewett
Falls dam..
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
above).
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that
approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will
find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal
this determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Program
Attn: Steve Chapin, Project Manager
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CPR part 331.51 and that it has been received by the Division Office within 60 days of
the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60
days from the Ensue Date below.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official: -Steve Chapin
Issue Date: March 11, 2008 Expiration Date: Five years from Issue Date
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Mr. Leonard S. Rindner
These mechanisms shall be put in place at the time of recording of the property, or of individual lots,
whichever is appropriate. A sample deed notification can be downloaded from the 401/Wetlands Unit web
site at http-//h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as
appropriate to suit to this project.
5. Use of native vegetation and other soft stream bank stabilization techniques must be used where
practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed
in the streambed, unless approved by the DWQ.
6. Storm water discharge structures at this site shall be constructed in a manner such that the potential
receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or
erosion of the stream banks.
7. Prior to construction, a final, written storm water management plan (including a signed and notarized
Operation and Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting
Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604 or local governing authority) within 60 days of the
issuance of the 401 Water Quality Certification. The storm water management plans shall be approved in
writing by this -Office (or local delegated authority authority, copy of plan and approval letter submitted to
DWQ). You have the option of using the Express Review Program for expedited approval of these plans.
If you propose to use the Express Review Program, remember to include the appropriate fee with the plan.
The storm water management plan must include construction plans, specifications, storm water BMP
worksheets, and supporting calculations. The storm water best management practices are required to be
appropriate for the surface water classification and designed to remove at least 85% TSS according to the
most recent version of the NC DENR Storm water Best Management Practices Manual. These facilities
must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the
Division of Water Quality. Also, before any permanent building is occupied at the subject site, the facilities
(as approved by this Office or local delegated authority) shall be constructed and operational, and the
storm water management plan (as approved by this Office or local delegated authority) shall be
implemented. The structural storm water practices as approved by this Office as well as drainage patterns
must be maintained in perpetuity. No changes to the structural storm water practices shall be made without
written authorization from the Division of Water Quality.
8. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond tie
footprint of the impacts depicted in the Preconstruction Notification application. All construction activities
associated with this project shall meet, and/or exceed, those requirements specified in the most recent
version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no
violations of state water quality standards, statutes, or rules occur.
9. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within two months of the date the Division of Land
Resources has released the project.
10. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality.
11. Continuing Compliance. The applicant (Messrs. Grey Poole and Mark Poole) shall conduct all activities in
a manner so as not to contravene any state water quality standard (including any requirements for
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of state
and federal law. If DWQ determines that such standards or laws are not being met (including the failure to
sustain a designated or achieved use) or that state or federal law is being violated, or that further
conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification to
include conditions appropriate to assure compliance with such standards and requirements in accordance
with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify the applicant and the US
Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503, and provide
opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall
be provided to the applicant in writing, shall be provided to the United States Army Corps of Engineers for
reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become
conditions of the 404 Permit for the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition that conforms to Chapter 1506 of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final
and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
H
for Coleen H. Sullins
Attachment: Certificate of Completion
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Central Files
File Copy
Len Rindner
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2008-00688
County Mecklenburg
NO DEPARTMENT OF THE ARMY AUTHORIZATION REQUIRED
Property owner Mark Pierce Poole Properties, Inc., Att'n: Mr. Grey Poole
1341 East Morehead St.
Charlotte, NC 28204
Telephone
Size and Location of project (water body, road name/number, town, etc.):
University Exchange development located on a 4.7 acre site at the intersection of N. Tryon St. and E. Mallard
Creek Church Road; in Charlotte
Description of Activity:
Commercial development. No waters of the U.S. will be impacted by the project. This
notification replaces the permit that was issued on 3/11/08, when, at that time, waters of the
U.S. were going to be impacted.
Your work as described above does not require Department of the Army authorization for the following reason(s):
There are no jurisdictional waters or wetlands within the boundaries of the project as described above.
This determination is effective for five years from the date of this document.
X The proposed project will not impact jurisdictional waters or wetlands.
The proposed project is exempt from Department of the Army regulations.
This project is under the linear footage/acreage threshold for notification to us. Therefore, no written
authorization is required. The project is still, however, subject to the conditions listed under Nationwide
Permit No. *
(Specify)
Any changes in the described work resulting in impacts to jurisdictional waters or wetlands or any new work in
jurisdictional waters or wetlands outside the area described above must be coordinated with the Corps of Engineers prior
to commencement. Please contact the Regulatory Official specified below.
For any activity within the twenty coastal counties, before beginning work, you must contact the N.C. Division of Coastal
Management at telephone [phone] to discuss any required State permit authorization.
This Department of the Army determination does not relieve the property owner of the responsibility to obtain any other
required Federal, State, or local approvals/permits.
Date: July 25, 2008
Corps Regulatory Official Steve Chapin
Telephone No. [phone] x224
cc: Mr. Leonard S. Rindner