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HomeMy WebLinkAbout20060062 Ver 1_COMPLETE FILE_20060109WAT ?9pG ? Y Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality February 13, 2006 DWQ# 06-0062 Mecklenburg County Mr. Mike Garbark Charlotte/Mecklenburg Utilities 5100 Brookshire Blvd. Charlotte, NC 28216 Subject: Caldwell Annex, Sewer Line Construction APPROVAL of 401 Water Quality Certification with Additional Condition Dear Mr. Garbark: You have our approval, in accordance with the attached conditions and those listed below, to impact 0.16 acre of wetland (0.07 acre, permanent) and 175 linear feet (70 linear feet, permanent) of unnamed tributary to Back Creek in order to construct a sewer line extension in Mecklenburg County, as described in your application received by the Division of Water Quality (DWQ) on January 9, 2006. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3374, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Nationwide Permit Number 12 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. The above noted Certification will expire when the associated 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby responsible for complying with all conditions. In addition to the requirements of the certification, you must also comply with the following conditions: 1. All wetlands, streams, surface waters, and riparian buffers located on the project site where impacts are not allowed shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities. 2. 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. 3. 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. 4. 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. One N Carolina Naturally North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service Internet: h2o.enr.state.nc.us FAX (704) 663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper 5. Continuing Compliance. The applicant (Charlotte/Mecklenburg Utilities) 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 150B 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- 169b or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721. Sincerely, for Alan W. Klimek, P.E. Attachments cc: Army Corps of Engineers, Asheville Ian McMillan, Wetlands Unit Central Files Greg Antemann, CWS File Copy • ?7 ?j71 •, "? it A. .., Y' ...- ..nY,?....... -. I. .... .lY ??.?ad?t w - - , Impacts Mitigations Fees - Affiliations Events Inspections Comments Histo 1 Details1 Details2 Permits and Certs _ Cross Refs ;;t} Project Number: 20060062 Version: 1 Status: Issued LastAction Desc: Project issued 'Project Name: Charlotte Mecklenburg Utilities: Caldwell Annex *Proje ctType: 'Utility Project Desc: utility 'Owner: Charlotte Mecklenburg Utility Department Details... *Received From: Applicant COE ID: 'Primary County: (Mecklenburg _ v IaLcI DOT TIP: *AdminRegion: Mooresville Received Dt: 01 10 912 0 0 6 Reviewer: jalan tohnson j IssuedDt: 02!14!2006 *Secondary County Statutory Dt: 03110!2006 CAMA NEPAJ SEPA Received Dt: DCM Office: SW Plan Received Dt: COE OffiCe? ieville Regulatory Field Office SW Plan Approved Dt. Public Notice Published Dt: --A Last Updated By: rob.ndings SW Plan Location: Public Notice Received Dt: Last Updated On: 01!1112006 Sewage Disposal: P.N. Comment Period Ends Dt: < Back .... Close _.-i.- C) ej (. 0 C) F. 1- 0 OD ?,w e 5 2006 pENK - WATER QUALITY WETI.MW AND STORM?NAMR BRANCH P North Carolina Wildlife Resources Commission 9 Richard B. Hamilton, Executive Director MEMORANDUM TO: Cyndi B. Karoly, Supervisor 401 Oversight and Express Permits Unit NCDWQ Wetlands and Stormwater Branch FROM: Ron Linville, Regional Coordinator Habitat Conservation Program DATE: January 24, 2006 SUBJECT: Review of a 401 Certification Application, Caldwell Annex Sewer, Unnamed Tributaries of Back Creek, Mecklenburg County Charlotte Mecklenburg Utilities Division (CMUD) is requesting 401 Water Quality Certification from the North Carolina Division of Water Quality for utilities to be provided in an area annexed by the City of Charlotte. The NCWRC has reviewed information provided by the applicant, and field biologists on our staff are familiar with habitat values of the project area. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended-, 16 U.S.C. 661- 667d). The project is to install 9,430 linear feet of sewer line within a residential development. Impacts will be to Unnamed Tributaries of Back Creek. According to historical records, the Carolina heelsplitter, Lasmigona decorata (NCE, FE) previously populated the area. Based on our in-office review of the submittal, we offer the following recommendations for the project: Although the heelsplitter is likely extirpated from the area, prior to direct cuts across area streams, professional surveys for the Carolina heelsplitter and other listed species should be accomplished by properly certified biologists for streams that contain suitable Carolina heelsplitter habitats. Alternatively, directional boring methodologies may be used for stream crossings without biological surveys. Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, Nk: L 1699-1 /L1 Telephone: (919) 707-0220 - Fax: (919) 707-0028 Caldwell Annex Sewer -Page 2 - January 24, 2006 2. Where possible, utilities should be placed along the edge of the floodplain and away from streams and wetlands to the extent practicable. 3. This annexation and utility line project will cause additional imperviousness to the area which will aggravate stormwater issues and precipitate additional stresses to area streams. The City of Charlotte should require stormwater management that maintains current hydrographs. Low Impact Development (LID) techniques are encouraged. Information on LID practices and measures can be found at www.lowiniDi tdevelo nient.on, 4. Where direct cuts are allowed, natural stream dimensions must be restored upon project completion. 5. Any riprap used for stabilization at utility crossings must be installed in a manner that will not impede aquatic life migration. 6. Work should be accomplished in small phases. Each phase should be stabilized prior to beginning clearing operations and moving on to the next phase. 7. Where trees are removed, they should be placed along the right-of-way to form habitats for small wildlife species. Periodic openings should be provided every 200 to 300 feet for animal movements. Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at 336/769-9453. Ec: Alan Johnson, DWQ-MRO Triage Check List Date: 1/12/05 Project Name: Char-Meclc Utilities Caldwell Annex DWQ#: 06-0062 County: Mecldenburg Alan Johnson, Mooresville Regional Office To: 60-day Processing Time: 1/09/06 - 3/10/06 From: Cyndi Karoly Telephone : (919) 733-9721 The file attached is being forwarded to you for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination Wetland determination and distance to blue-line surface waters on USFW topo maps ? Minimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: As per our discussion regarding revision of the triage and delegation processes, please review the attached file. Note that you are the first reviewer, so this file will need to be reviewed for administrative as well as technical details. If you elect to place this project on hold, please ask the applicant to provide your requested information to both the Central Office in Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim procedure as we slowly transition to electronic applications. Please apprise me of any complications you encounter, whether related to workload, processing times, or lack of a "second reviewer" as the triage process in Central had previously provided. Also, if you think of ways to improve this process, especially so that we can plan for the electronic applications, let me know. Thanks! nI 141 Carolina Wetland Services 2 0 0 6 0 0 6 2 January 2, 2006 Ms. Amanda Jones U.S. Army Corps. of Engineers JAN - N06 i, 151 Patton Avenue Asheville, NC 28801 DENR - WtiNlt GLIA <ITY YtfT1mon AND STMMWAT':A BRAliCH Subject: Pre-Construction Notification Pursuant to Nationwide Permit No. 12 CMU Caldwell Annex Charlotte, North Carolina Carolina Wetland Services Project No. 2005-1224 The Charlotte Mecklenburg Utilities (CMU) Caldwell Annex site is located in Charlotte, North Carolina between Whispering Oaks Drive and Back Creek Church Road, north of Rocky River Road and Caldwell Road (Figure 1, enclosed). The purpose of this project is to construct approximately 9,430 linear feet of sewer line within a residential neighborhood. McKim & Creed has contracted Carolina Wetland Services, Inc. (CWS) to provide Section 404/401 permitting services for this project. Please see the attached, signed Agent Certification of Authorization Form. Applicant Name: Charlotte Mecklenburg Utilities, Mike Garbark Mailing Address: 5100 Brookshire Blvd., Charlotte, NC 28216 Phone Number of Owner/Applicant: 704-391-4695 Street Address of Project: N/A (linear project) Waterway: UT's to Back Creek Basin: Yadkin River (HU# 03040105) City: Charlotte County: Mecklenburg Decimal Degree Coordinate Location of Project Site: N35e 17', W80e 41' 50" USGS Quadrangle Name: Harrisburg, North Carolina, 1996 Current Land Use The current land use for the project area is residential with adjacent wooded lots. Dominant vegetation within the project area consists of ironwood (Carpirlus carolinia11a), tulip tree (Liriodendron tulipifera), sweet gum (Liquidantbar styraciflua), red cedar (Juniperus virginiana), red elm (Ulmus rubra), Virginia creeper (Parthenocissus quinquefolia), Japanese honeysuckle (Lonicera japonica), false nettle (Boehmeria cylindrica), privet (Ligustrum sinense), bedstraw (Galium sp.) and various sedges (Carex spp.). According to the Soil Survey of Mecklenburg County , on-site soils consist of Enon sandy loam, 8 to 15 percent slopes (EnD), Helena sandy loam, 2 to 8 percent slopes (HeB), Monacan soils (MO)2, and Vance sandy loam, 2 to 8 percent slopes (VaB) and 8 t United States Department of Agriculture, 1980. Soil Survey of Mecklenburg County, North Carolina. z NRCS Hydric Soils of North Carolina, December 15, 1995. CHARLOTTE: 550 E WESTINGHOUSE BLVD. CHARLOTTE, NC 28273 704-527-1177 (V) 704-527-1133 (fax) COLUMBIA: 322A SOUTHLAKE DRIVE, SUITE 3 LEXINGTON, SC 29072 803-358-0102 (V) 803-753-9639 (fax) RALEIGH: 8311 BRIER CREEK PARKWAY SUITE 105-126 RALEIGH, NC 27617 919-932-2197 (V) WWW. C WS-INC. NET January 2, 2006 Ms. Amanda Jones Page 2 of 8 to 15 percent slopes (VaD). Enon, Helena, and Vance soil types are well-drained and exhibit slow to moderate permeability, while Monacan soils are somewhat poorly drained and exhibit high water capacity. Jurisdictional Delineation On May 10, 2005 CWS's Gregg Antemann, PWS and Ron Johnson, WPIT delineated (flagged in the field) and classified on-site jurisdictional waters of the U.S. using the U.S. Army Corps of Engineers (USACE) - Routine On-Site Determination Method. This method is defined in the 1987 Corps of Engineers Wetlands Delineation Manual.3 There are eleven jurisdictional wetland areas located within proximity to the project corridors (Wetlands AA - LL). Routine On-Site Data Fonns representative of these wetland areas and adjacent non jurisdictional upland areas have been enclosed (DPI - DP5). Jurisdictional waters of the U.S. were classified according to recent North Carolina Division of Water Quality (NCDWQ)4 and USACE guidance. The results of the on-site field investigation indicate that there are four jurisdictional stream channels (Streams A - D) located within the project corridors (Figure 1, enclosed). Streams A - D are unnamed tributaries to Back Creek. Back Creek is located within the Yadkin River basin (HU4 03040105)5. Back Creek is classified as "Class C" by the NCDWQ. On-site jurisdictional waters of the U.S. total approximately 1.95 acres (84,942 square feet), summarized as follows: Table 1. Summarv of On-Site Jurisdictional Waters Potential Jurisdiction Classification Approximate Length in Project Corridor 1 Approximate Acreage Stream A Perennial 70 0.02 Stream B Perennial 62 0.01 Stream C Perennial 131 0.01 Stream D Perennial 0 0.00 Channel Subtotal: 263 0.04 Wetland AA Forested 0.47 Wetland BB Forested 1.0 Wetland CC Forested 0.04 Wetland DD Forested 0.07 Wetland EE Forested 0.01 Wetland FF Forested 0.05 Wetland GG Forested 0.03 Wetland HH Forested 0.11 Wetland JJ Forested 0.06 Wetland KK Forested 0.06 Wetland LL Forested 0.01 Wetland Subtotal: 1.91 On-Site Total: 263 1.95 3 Environmental Laboratory. "Corps of Engineers Wetlands Delineation Manual," Technical Report Y-87-1, US Army Engineer Watenvays Experiment Station, Vicksburg, Mississippi. 4 North Carolina Division of Water Quality, 1999. Stream Classification Method. Version 2.0. 5 "HU#" is the Hydrologic Unit Code. U.S. Geological Survey, 1974. Hydrologic Unit Map, State of North Carolina. January 2, 2006 Ms. Amanda Jones Page 3 of 8 Perennial Streams Perennial channels (Streams A - D) exhibited average ordinary high water widths of 10-12 feet (Stream A) and 2-5 feet (Streams B - D), a continuous bed and bank, significant aquatic life, perennial flow, and substrates consisting of fine sand to large cobbles (Figure 1, enclosed). There are approximately 263 linear feet of perennial stream channels located with the project corridor. Photographs of Perennial Streams B and C are enclosed as Photographs A and B, respectively. Wetlands Wetlands AA, BB and LL are contiguous with Perennial Streams D and B (Figure 1, enclosed). Dominant vegetation within these areas includes soft stem rush (Juncos effusus), silky dogwood (Corpus anionnan), elderberry (Sambucus canadensis), shallow sedge (Carex lurida), jewelweed (Impatiens capensis), and privet (Ligustrum sinense). These forested wetland areas exhibited low chroma soils (2.5Y 4/2), mottles (5YR 4/6), oxidized root channels, and saturation within the upper 12 inches of the soil profile. A Routine On-Site Determination Forni representing Wetlands AA, BB and LL is enclosed (DPI). Wetlands CC - FF are located near the confluence of Perennial Streams B and C (Figure 1, enclosed). Dominant vegetation within these areas includes Napalese browntop (Microstegium vinripeum), eastern baccharis (Baccharis halimifolia), cottonwood (Populus deltoides), black willow (Salix nigra), ironwood (Carpinus caroliniana), and various sedges (Carex spp.). These forested wetland areas exhibited low chroma soils (2.5YR 4/2 and 5Y 4/1), mottles (7.5YR 4/6 and 5YR 5/6), and saturation within the upper 12 inches of the soil profile. A Routine On-Site Determination Form representing Wetlands CC - FF is enclosed (DP3). Wetlands GG - KK are located in the upper reaches of Perennial Streams B and C (Figure 1, enclosed). Dominant vegetation within these areas includes black willow, cottonwood, jewelweed, Nepalese browntop, ironwood, red maple (Ater rubrum), and swcetgum (Liquidambar styraciflua). These forested wetland areas exhibited low chroma soils (5YR 4/2), mottles (5YR 4/6), drainage patterns, and saturation within the upper 12 inches of the soil profile. A Routine On-Site Determination Form representing Wetlands GG - KK is enclosed (DP5). A photograph of Wetland JJ is enclosed as Photograph B. Agency Correspondence Cultural Resources A letter was forwarded to the State Historic Preservation Office (SHPO) on November 10, 2005 to determine the presence of any areas of architectural, historic, or archaeological significance that would be affected by the project. In a response letter, dated December 7, 2005, SHPO stated that they "are aware of no historic resources that would be affected by the project." Protected Species A letter was forwarded to the North Carolina Natural Heritage Program (NCNHP) on November 10, 2005 to determine the presence of any federally-listed, candidate endangered, threatened species or critical habitat located within the project area. In a response letter, dated November 22, 2005 (enclosed), the NCNHP stated that they "have no record of rare species, significant natural communities, or priority natural areas at the site nor within a mile of the project area." The NCNHP also stated that they have a 19th century record of the Federally Endangered Carolina Heelsplitter (Lasmigopa decorata) in a creek less than a mile away, however this population has long been considered extirpated. January 2, 2006 Ms. Amanda Jones Page 4 of 8 Protected Species Survey A protected species review was conducted to detenmine the potential for the occurrence of animal and plant species formally proposed or listed as endangered or threatened by current Federal regulations [Federal Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)] within the subject project corridor. The review consisted of a literature and records search, and pedestrian observations performed by CWS biologists on November 17, 2005. CWS consulted the North Carolina Natural Heritage Program's (NCNHP) Natural Element Occurrence Search Page for Mecklenburg County6. The data contained in this database was last updated January, 2004. CWS also consulted the NCNHP Element Occurrences GIS layer which revealed that no known occurrences of federally listed species are located within a 1.5 mile radius of the proposed project site. The data contained within this layer was last updated June, 2005. According to the NCNHP database and the North Carolina Department of Natural Resources' (NCDNR) Threatened and Endangered Species database, there are four Federally Endangered species listed for Mecklenburg County, including the Carolina heelsplitter (Lasmigona decorata), smooth coneflower (Echinacea laevigata), Schweinitz's sunflower (Helianthus schiveinitztt), and Michaux's sumac (Rhus tuichauxii). These databases also revealed one federally-threatened species for Mecklenburg County, the bald eagle (Haliaeetus leucocephalus). It was proposed for de-listing in 1999. One Candidate for federal listing, Georgia aster (Symphyotrichum geotgianum), has also been observed in this county (Table 1). Plant species observed during the pedestrian survey were identified to species or to the lowest taxonomic level necessary to determine if the observed specimen was a protected species. Plant species identified in this report follow taxonomy described by Radford, et al.' The following section describes the potential on-site habitats. On-Site Habitat The site consists of woods, roadsides, and woodland edges adjacent to residential areas. The existing community is a Mesic Mixed Hardwood Forests. Dominant tree species included ironwood (Cat pinus caroliniana), tulip tree (Liriodendron tulipifera), sweet gum (Liquidanibar styraciflua), red cedar (Juniperus virginiana), and red elm (Ulntus rubra). Dominant vegetation along woodland edges and roadsides included privet (Ligustrum sinense), Japanese honeysuckle (Lonicera japonica), common blackberry (Rubus argutus), narrowleaf lespedeza (Lespedeza angustifolia), dog fennel (Eupatorium capillifolium), broomsedge (Andropogon virginicus), goldenrod (Solidago sp.), and various grasses (Poa spp.) and sedges (Carex spp.). Table 2. Federall -Listed S ecies Observed in Mecldenbur County, North Carolina Major Scientific Name Common Name Federal Habitat Group Status Bird Haliaeetus leucoce halus Bald Eaele T PD mature forests near large bodies of water Small to large streams and ponds with Mollusk Lasmigona decorata Carolina heelsplitter E stable banks over clean substrate comprised of sand, ravel, and cobble Upland oak-hickory-pine forests and Plant Syn:phyotrichum Georgia aster C openings; sometimes with Echinacea georgia?runt laevi ata or over am hibolite Grassy balds, glades, woodlands over Plant Echinacea laevigata Smooth coneflower E mafic rocks 6 The NCNHP Element Occurrence Search Page, found online at http://207.4.179.50/nhp/county.html, accessed on November 14, 2005. 7 Radford, et al. 1968. Manual of the Vascular Flora of the Carolinas. The University of North Carolina Press, Chapel Hill, North Carolina. 1183 pp. a Community classifications ,vere taken from Classification of the Natural Communities of North Carolina, Third Approximation (Schafale and Weakley, 1990).321 pp. i January 2, 2006 Ms. Amanda Jones Page 5 of 8 Open woods/roadsides on poor, clayey Schweinitz's and/or rocky soils that vary from very Plant Helianthus schlveinitzii sunflower E wet to very dry over the course of the year Sandhills, sandy forests, woodland, and Plant Rhus michauxii Michaux's sumac E woodland edges Federal Status Codes Code Status Definition A taxon in danger of extinction throughout all or a E Endangered significant portion of its range. A taxon likely to become an endangered species within the T Threatened foreseeable future throughout all or a significant portion of its range. A taxon that is formally proposed to be listed as P Proposed Endangered or Threatened. A taxon under consideration for which there is sufficient C Candidate information to support listing. PD Proposed De-listed A taxon that is proposed for de-listing Bald Eagle (Haliaeetus leucocephalus) The bald eagle is currently a state and federally-listed threatened (T) species that is proposed for delisting. This bird nests in mature live pines or cypress trees in the transition zone between mature forests and large bodies of water. Nests are cone-shaped, 6-8 feet tall and 6 feet or more in diameter, and usually less than two miles from large bodies of open water. Winter roosts are usually in mature trees, similar to nesting trees, but may be somewhat farther from water. No potential nests or individual eagles were observed during the field review. Carolina heelsplitter (Lasmigona decorata) The Carolina heelsplitter is listed in North Carolina and Federally as Endangered (E). The Carolina heelsplitter is found in small to large streams and rivers as well as ponds over a variety of substrates usually near stable, well-shaded stream banks. Most individuals are found in undercuts and along shaded banks stabilized with extensive tree roots, a buried log, or rocks .9 On-site perennial streams exhibited poor to moderately suitable substrate and shade regimes for this species. Georgia aster (&nphyotrichum georQianum) Georgia aster is currently listed as a candidate (C) species for federal protection. It is a perennial herb historically associated with post oak (Quercus stellata) savanna/prairie communities that existed in the southeast U.S. prior to fire suppression and extirpation of large grazing animals. Today, the species can be found adjacent to roads, along dry, rocky woodlands, and within utility right-of-ways. Similar to Schweinitz's sunflower, this species survives in maintained areas that mimic natural disturbance regimes. Suitable habitat does exist within the project corridor and was surveyed accordingly. Smooth coneflower (Echinacea laevieata) Smooth coneflower is listed in North Carolina and federally as an Endangered (E) species. This plant is known from open woods, cedar barrens, roadsides, dry limestone bluffs, utility right-of-ways, and other sunny to partly sunny locations on calcium-or magnesium-rich soils associated with limestone. 9 Kerferl, E. P. 199 L A Status Survey for the Carolina heelsplitter (Lasmigona decorata), a Freshwater Mussel Endemic to the Carolinas. Unpublished report to the U.S. Department of the Interior, Fish and Wildlife Services. 51 pp.; in U.S. Fish and Wildlife Service. 1996. Carolina Heelsplittcr Recovery Plan. U.S. Fish and Wildlife Service, Atlanta, GA. 30 pp. January 2, 2006 Ms. Amanda Jones Page 6 of 8 This species occurs in xeric hardpan forests and diabase glades, as described by Shafale and Weakley (1990). The subject property does not include appropriate habitat and no individuals of this species were observed during the field review. Schweinitz's sunflower (Helianthus schiveinitzii) Schweinitz's sunflower is a perennial herb limited to the Piedmont of North and South Carolina. It is listed as a federally endangered (E) species. The typical habitat for this plant includes roadsides, old pastures, transmission line rights-of-way, open areas, and edges of upland woods. Major characteristics of soils associated with suitable Schweinitz's sunflower habitat include thin soils, soils on upland interstream flats or gentle slopes, those which are clayey in texture (and often with substantial rock fragments), those which have a high shrink-swell capacity, and those which vary over the course of the year from very wet to very dry. Suitable habitat for this species is present along woodland edges and roadsides. The results of the record search and survey of the area indicate the site contains areas of potential habitat for Carolina heelsplitter, Schweinitz's sunflower, and Georgia aster. The on-site habitats for the Carolina heelsplitter were of poor to fair quality, displaying moderate shade conditions, stable streambanks, and few undercuts. On-Site habitats for Schweinitz's sunflower and Georgia aster were of fair to good quality, displaying the ideal soil composition, light infiltration, and moisture regime combination required by this species. A photograph of potential habitat for Schweinitz's sunflower and Georgia aster is enclosed as Photograph D. Despite the presence of suitable habitat, no evidence of Carolina heelsplitter and no Schweinitz's sunflower, or Georgia aster were observed within the project area at the time of the field investigation. The results of this investigation led to the biological conclusion that no Carolina heelsplitter, Schweinitz's sunflower, or Georgia aster would be impacted by future projects. Purpose and Need for the Project Charlotte Mecklenburg Utilities (CMU) is the department of the City of Charlotte charged with providing potable water and sanitary sewer services to areas that have been annexed by the City in accordance with CMU's annexation policy. Under this policy, the service level to be provided includes basic fire protection and installation of sanitary sewer trunk mains or common force mains required to extend sewer service to each publicly dedicated street. The neighborhood surrounding the Caldwell sewer line is contained within an area annexed by the City of Charlotte. The proposed line is designed to provide the residents in this area with sanitary sewer service. Avoidance and Minimization Impacts to on-site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. Pipe joints will be required within the footprint of the stream channel since stream crossing lengths exceed typical pipe material lengths (18-20 feet). Construction activities and impacts to on-site jurisdictional waters meet the following general conditions of Water Quality Certification 93374: • The construction corridor will not be installed parallel to and closer than 10 feet to a stream or 25 feet to waters classified as HQW. The sewer line will cross stream channels at or near- perpendicular angles (between 75 degrees and 105 degrees). • Measures will be taken to prevent live or fresh concrete from coming into contact with waters of the state until concrete has hardened. January 2, 2006 Ms. Amanda Jones Page 7 of 8 • Placement of rip rap will be restricted to the stream bottom and banks directly impacted by the placement of the utility line. Rip rap will only be used below the normal high water level. The stream cross section will be restored to its original grade and placement of rip rap will not result in destabilization of stream bed or banks upstream or downstream of the crossing. • The construction corridor will be limited to 40 feet in width in wetlands and across stream channels and will be minimized to the maximum extent practicable. • Permanent, maintained access corridors will be restricted to no more than 10 feet in width. • Wetland crossings have been reduced to less than 150 feet in length and will not require anti- seep collars. Proposed Impacts to Jurisdictional Waters Unavoidable, temporary impacts to Wetland DD total approximately 0.02 acre. These impacts are a result of clearing activities. Unavoidable impacts to Wetland GG total approximately 0.03 acre. Approximately 0.02 acre of these impacts are permanent and 0.01 acre are temporary impacts and are a result of clearing activities. Unavoidable impacts to Wetland HH total approximately 0.07 acre, 0.05 acre of which are permanent impacts and 0.02 acre are temporary. These impacts are a result of clearing activities. Unavoidable impacts to Wetland JJ total approximately 0.03 acre, 0.02 acre of which are permanent impacts and 0.01 acre are temporary. These impacts are a result of clearing activities. Unavoidable, temporary impacts to Wetland LL total approximately 0.01 acre and are a result of clearing activities. Approximately 70 linear feet of Perennial Stream A will be impacted by the proposed sewer line. Approximately 20 linear feet of these impacts are the result of rip rap placement and the remaining 50 linear feet are temporary impacts as a result of construction activities. Approximately 70 linear feet of Perennial Stream B will be impacted. These impacts are the result of 20 linear feet of rip rap placement and 50 linear feet of temporary impacts from construction activities. Approximately 105 linear feet of Perennial Stream C will be impacted. These impacts are the result of 30 linear feet of rip rap placement and 75 linear feet of temporary impacts from construction activities (Figure 2, enclosed). A typical stream crossing design has been enclosed as Figure 3. Impacts to on-site jurisdictional waters are summarized as follows: Table 3. Impacts to On-Site Jurisdictional Waters Jurisdictional Feature Temporary Impacts Permanent Impacts Total Wetland DD 0.02 acre - 0.02 acre Wetland GG 0.01 acre 0.02 acre 0.03 acre Wetland IIH 0.02 acre 0.05 acre 0.07 acre Wetland JJ 0.01 acre 0.02 acre 0.03 acre Wetland LL 0.01 acre - 0.01 acre Total 0.07 acre 0.09 acre 0.16 acre Perennial Stream A 50 if 20 if 701f Perennial Stream B 501f 20 if 701f Perennial Stream C 751f 301f 1051f Total 1751f 701f 2451f On behalf of McKim & Creed, CWS is submitting a Pre-Construction Notification Application with attachments in accordance with Nationwide Permit General Condition No. 13, and pursuant to Nationwide Permit No. 12 (enclosed). January 2, 2006 Ms. Amanda Jones Page 8 of 8 Compensatory Mitigation Construction of this project has limited the amount of permanent wetland impacts to less than 0.10 acre. Therefore, no mitigation is currently being proposed. Areas cleared for the 40-foot temporary construction easement will be returned to their original contours and re-vegetated with native, herbaceous species. Please do not hesitate to contact us at 704-527-1177 should you have any questions or comments regarding these findings. ?__P,regg C. An tiann, PWS Principal Biologist Matt L. Jenkins Staff Biologist II Enclosures: USGS 7.5' Harrisburg, NC Topographic Quadrangle NRCS Mecklenburg County Soil Survey Mecklenburg County Aerial Photograph Figure 1. Wetland Boundary Survey Figure 2. Proposed Impacts Figure 3. Typical Stream Crossing Design Pre-Construction Notification Pursuant to a Nationwide Permit No. 12 Agent Certification of Authorization Form Request for Jurisdictional Determination Form USACE Routine Wetland Detennination Data Forms (DP 1 - DP5) Agency Correspondence Representative Photographs (A - D) cc: Mr. Chuck Shue, McKim & Creed Y:120051Projects12005-1224 CMU Caldwell Annex\PermittingW WP12report doc 7.5 Minute Topographic Map Series, Harrisburg, North Carolina, dated 1996. Approximate Scale P = 2000' Image Courtesy of the U.S. Geological Survey NRCS Soil Survey of Mecklenburg County, North Carolina, Sheet No. 5, dated 1980. Approximate Scale P = 2000' Image Courtesy of the Mecklenburg County GIS Department Aerial Photograph, Harrisburg Quadrangle, North Carolina, dated 2004. Approximate Scale 1" = 700' I i T/iW i p\ Wetland A???\ 0,47-Ac t 1 NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED AND CLASSIFIED \ \??\ \\\ 1 \\` Sri \ ,i (i I BY CAROLINA WETLAND SERVICES, INC. (CWS) ON MAY 10, 2005. JURISDICTIONAL Perennial, Stream D 1 t (? , ?, f I FEATURES HAVE NOT BEEN VERIFIED BY THE USACE. \? ?\ ) 7 i ' 4 f- Perennial Stream A 'Vv Wetland l? 01 v, ., r J i ?r' ,t -Ia,?? i r r _ "/ ?/,• / / // \ Wetland B8 iA?Acrq Jl ??\\ perennial Straom,B I f ?t f,l A \\N 1 •? ('? ?? 00 / l f .. ? 1 ? t .. _ l? /rs Wetland CC =v0.04 Acre 0 ?f I v 43 t ?? ..~?\ ? r - -^\ 1 l ? 1 ,,? ?•?\ ? ? _,.. •q pre -._-1? 4 ., l `?1 l , t> DP3 ' 1?etlond 0 ?- .07 Acre Perennial LEGEND Stream ?t Bi -- 0.OS Acre JURISDICTIONAL STREAM CHANNEL Perennlol`Stream C C.'` (. ?? ?. = C \? \ \ ® JURISDICTIONAL WETLAND AREA ? Ii Wet Rd, EE/-' 0 01 Acre \ l j°„ _ ?` ~\ ?= \ Q-Q PROPOSED SEWER LINE V ` --? PHOTO LOCATION AND DIRECTION ) ' to 1Hetlond'GG ,0 03-Acre- 9 0 ?i APPROXIMATE SCALE: I"=300' 4241 4317 .\7 ??- 43211 i l?I t { WetlandjHH 0.11 Acre / m o \ J f bsz '1? ? perennioL Stream Ct. Carolina Wetland Services .y. r 1 Q 550 East Westinghouse Blvd. <v C? ?? vt v »a-o Wetland J? -,,"0.,06, Acre Charlotte, North Carolina 28273 429 Arai _ \. i RFFFRENCF' SITE PLAN AND S1IRVFY PROVIDFD BY N1(K1A1 & CRFFD, DATFD 2005 \ ( -44 Figure 1. Wetland Boundary Survey CMU Caldwell Annex Charlotte, North Carolina Wetlond_KK 006 Acre ! CWS Pro'ect No. 2005-1224 5] G PRE,Pn A4D?A?T'E CI RD v- DATE ll-?d• d a '1 ?.Qok_Ln... /"' _ J NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED AND CLASSIFIED BY CAROLINA WETLAND SERVICES, INC. (CWS) ON MAY 10, 2005. JURISDICTIONAL i II I! , ?•, r ?'IStrea?- (? l ( j t FEATURES HAVE NOT BEEN VERIFIED BY THE USACE. Perennial Ti' ,A 3 It Impocte?\ 1 10 I( Perrrlonent'Impocts ? ip ropy, ? _ .. ._ C251If Te poro\y?lmpocts +. 1'l / 'W tlondtAA /II • r 7-N? (f -Perenniol Stream-D ?Ix \',?? -.v?l??/%' / at ? ? ? - ? /?`V??A J + l ? ??? ?lllli II??I? ? ? \I ?• \iLI? ? I +tii It, ,`1 ,?' ? ? j ?. ? 'Perennlo??5);reom_A ;_33 If?lmpocted -??. t , } f _: i' . ?---_> V ? ? ? t ? V `,? +'•? t, vt', I ? t ,',??'?` 1(),/If ?Peffnonent Impocts (rip rap) :.?` I Ia; llr 23 if Temporary Impacts (? ??\ i { ?i,i l / ?i? v ???? ? ? / ?•`? ..-- ? > -?A\\?\\? ?? A ????`?A1??? ? ? tvA?,\\ t ?A ??? I ?? 'w ??t ,v?11,,t i?ii?;1 Wetlan '.LL?-10.01 Acre / Temprc or?cry Foeated - Impacts s.0 ".T' -- ? ? it iv, y t, LEGEND l c ( / I i / / I \??i JURISDICTIONAL STREAM CHANNEL ?. 1 " 1 } ?t Wetlond BB IMPACTED STREAM CHANNEL ? ? ? rr \? \ _. ,.I ? ® PERMANENT WETLAND IMPACTS 11 TEMPORARY WETLAND IMPACTS AVOIDED WETLAND AREA V'' v \?? \\ \t ; ((? \ \ \ Perennial Stream 8 -`-35 1 acted - - PROPOSED SEWER LINE 1 \ \ ??? \VA A10vlf,Perfnonent lmpocts?(rip' op 0-0 ` If Tem orar Im oats ..., \ 11. ~_ .?.C\ '.\l_`\ _- _- - . _ • ? ?: ?? S ? \,, ? APPROXIMATE SCALE: I"=300' _? I ? 1, i? •_ -_ - ?' i i ! ? /? ; Wetland CC J 11 .? Perenniok Stream Cv- 35, It Impacted vL`v 1d A ?1) 10 If Permanent Impacts rip rop) o? \ ??? • ??? ~ ?? 25\I f -Temporary Impacts, ?; 4y r'- l , 111 1 _ ? -'•?,?T.???\?? [?a 1 ??r?'% ?ti,?? ?//!???, ? ? ?,?+?? ? ?? _???. ? ? A ??ll V?.???A I ?i i}ilJ ??? 11?.? ' L•', 0 1/ ///1 / t Wgtloo' OD ?0.04?Acra. 0 a d I `Tempora y resied ImpoRk@ 1 Wetlond FF\ \ Perennial iStream B • 35 if, Impacted i a?;:,: "\ ???? V ?• 10,4 Permonent-Impacts (rip, rep)-?`ti • - ??-v., \\, v\\ ?,;,: ,fir I ` \ ?r;Z / 25 If Temporary Impocts ?;?? 4;Irj \ .. -Wetlond,GG-- 0.03• r Total `Forested"Impacts" e? .02.`A6re Permonen I octs,.. i i ?1 ; , ,Wet ond.EE, t, 0- \ Sf 01 Acre Temporary l ets- \Perenniol. Sirepr1i /35 If Impocted ` 10 ?1f, Perm fen pacts (rip'rop) f Ift_Te par /Impacts ??'f -'? I ? III i ? \• -. ? -_ -r._ ? i ?? i? ? - - ? ? s. ? ? _ C 1 ? ? ,' j ? ?," 0 / Acre 'Totol Forested mp c f \ZJI ` / I' ` \ \\ \ f I f Wetland r/H 07 •u21 / / i - \ -% r ? ?•.-' ? ? 0.05 AcrePermanent-Impacts ? ` \ -- i u %? i -?~ \\ 1 / \ I 10.02' Acre/ Temporary Impocts l I \v Carolina Wetland Services 550 East Westinghouse Blvd. o / a `w \\Wetlon\.d\JJ -impacts -, 0.03 Acre ofq Forested Charlotte, North Carolina 28273 2 \\ 0.02 Acre, Permonent' I, pE's 0.01`Acre, Temporory I poqis A ?r f 4 i r" _a%? \ \ \ \ Perennial Stream .35 if.Impocted REFERENCE' SITE PLAN AND SURVEY PROVIDFD BY AICKIM k CREED, DATED 2005 f \ \` ° ""10 . If Permanent mp cts, (np'rap) Figure 2. Proposed Impacts 25 If Temporary Im acts \CMU Caldwell Annex -? Charlotte, North Carolina CWS Pro'cct No. 2005-1224 DATE PREPARED BY DATE CHECKED Wetlo 3'-0' BACKFILL TOP OF BANK SECTION OF MATTING WITH MIN 6- TOPSOIL TOP OF BANK HERBACEOUS moo` _T PLANTS -III (SWITCH GRASS)- ?\ R? 1= I-,III' SEED AND MULCH WITH WOVEN COIR NET OVERLAY (400 WEAVE) 1/2 DEPTH OF OF CREEK BANK CREEK BED INSTALL ANCHORS IN ACCORDANCE WITH MANUFACTURES SPECIFICATIONS 4' MIN ? THICKNESS -1-1/2 TIMES DIAMETER STONE RIP-RAP OF LARGEST STONE OR MINIMUM FOR STONE SIZE SEE SPECIFICATIONS. 3' MIN STREAMBANK STABILIZATION DETAIL NOT TO SCALE Carolina Wetland Services t?) (± 550 East Westinghouse Blvd. Charlotte, North Carolina 28273 REFERENCE' STREAM DESIGN PROVIDED BY MCKIM & CREED DATED 2005. Figure 3. Typical Stream Crossing Design CMU Caldwell Annex Charlotte, North Carolina CWS Project No. 2005-1224 PREPAREDR DATE CILECKED DATE fliCE ZTSC Only: Form Version April 2001 2 0 0 6 0 0 6 2 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing Check all of the approval(s) requested for this project: ® Section 404 Permit ? Section 10 Permit ® 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit No. 12 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 Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? II. Applicant Information 1. Owner/Applicant Information D . D Name. Charlotte Mecklenburg Utilities. Contact: Mr. Mike Garbarl 4N 9 ?00?, Mailing Address: 100 Brookshire Blvd. DFNt> Charlotte. North Carolina 28216 ?"STOP r '1 t:8?QUgUT, N Telephone Number: (704) 391-4695 Fax Number: E-mail Address: 2. 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: Mr. Greta C. Antemann Company Affiliation: Carolina Wetland Services. Inc. Mailing Address: 550 East Westin,-,house Blvd. Charlotte. NC 28273 Telephone Number: (704) 527-1177 Fax Number: (704)527-1133) E-mail Address: ue?!6c-bCws-inc.net Pat4e 1 of 7 III. Project Information 1. Name of project: CMU Caldwell Annex 2. T.I.P. Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): N/A linear project 4. Location County: Mecklenburg Nearest Town: Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.):_ From downtown Charlotte. travel north on Interstate 77 (I-77). merge onto I-85 N via Exit 913A toward Greensboro. Merge onto US-29 Bvpass N via Exit #42 toward NC-49 / US-29. Stay straight to g3o onto US-29 N / NC-49 N / N Tryon St. continue to follow NC-49 N. Turn right onto Chancellor Park Drive. Turn right onto E WT Harris Blvd. / NC-24 E. After approximately 1.7 miles. turn left onto Rocky River Road. After approximately 2 miles. turn left onto Hood Dr. 5. Site coordinates, if available (UTM or Lat/Long): N35° 16' 49" WSO° 41' 45" (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: The existing land use of the project area is residential with adjacent wooded lots. 7. Property size (acres): N/A linear project S. Nearest body of water (stream/river/sound/ocean/lake): Back Creek 9. River Basin: Yadkin River (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/.) 10. Describe the purpose of the proposed work: Charlotte Mecklenburg Utilities (CMU) is the department of the Citv of Charlotte charged with providing potable water and sanitary sewer services to areas that have been annexed by the Citv in accordance with CMU's annexation policy. Under this policy. the service level to be provided includes basic fire protection and installation of sanitarv sewer trunk mains or common force mains required to extend sewer service to each publicly dedicated street. The neighborhood surrounding the Caldwell sewer line is contained within an area annexed by the City of Charlotte. The proposed line is designed to provide. the residents in this area with sanitary sewer service. 11. List the type of equipment to be used to construct the project: A trackhoe and tvpical excavation equipment will be used for this project. 12. Describe the land use in the vicinity of this project: The land use surrounding the project is mainly residential with adjacent wooded areas. Charlotte Pate 2 of 7 IV. Prior Project History This project has no prior historv. V. Future Project Plans There are no future project plans for this site. VI. Proposed Impacts to Waters of the United States/Waters of the State 1. Wetland Impacts Wetland Impact Located within Distance to Site Number Type of Impact" Area of Impact 100-year Nearest Stream Type of Wetland*** (indicate on map) (acres) k F Floodplain' (linear feet) (yes/no) DD Temporary 0.02 No Contiguous Forested GG Excavation 0.02 No Contiguous Forested GG Temporary 0.01 No Contiguous Forested HH Excavation 0.05 No Contiguous Forested HH Temporary 0.02 No Contiguous Forested JJ Excavation 0.02 No Contiguous Forested JJ Temporary 0.01 No Contiguous , Forested LL Temporary 0.01 No Contiguous Forested " List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dins, separately list impacts due to both structure and flooding. k;k 100-Year floodPlains are identified through the Federal Emergency Management AgentY's (FEMA) Flood Insurance Rate Maps (FIRM), or FENIA-approved local floodplain maps. Maps are available through the FENIA Map Service Center at 1-300-3550616, or online at http://www.fema.gov. List a wetland type that best describes wetland to be impacted (c.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: 1.91 acres Total area of wetland impact proposed: 0.07 acre of temporary impacts. 0.09 acre of permanent impacts Page 3 of 7 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on ma) Type of Impact' Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please secify) Stream A Rip Rap 201f UT to Back Creek 10-12' Perennial Stream A Temporary 50 If UT to Back Creek 10-12' Perennial Stream B Rip Rap 20 if UT to Back Creek 2-5' Perennial Stream B Temporary 50 if UT to Back Creek 2-5' Perennial Stream C Rip Rap 30 If UT to Back Creek 2-5' Perennial Stream C Temporary 75 if UT to Back Creek 2-5' Perennial List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net foss/gain), stabilization activities (cement wall, rip-rap, crib wall, 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. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-S00-353-9616, or online at www.usgs.gov. Several intcmct sites also allow direct download and printing of USGS maps (c.g., www.topozone.com, www.mapquest. coin, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 175 linear feet of temporary impacts. 70 linear feet of permanent impacts 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. N/A Open Water Impact Area of Name Wat Type of Waterbody Site Number Type of Impact* Impact ) (if applicable) (lake, pond, estuary, sound, (indicate on ma) (acres) bay, ocean, etc.) N/A ' List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till, excavation, dredging, flooding, drainage, bulkheads, etc. 4. 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/embankrnent, excavation, installation of draw-down valve or spillway, etc.): N/A Patzt? 4 of 7 Proposed use or purpose of pond livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Impacts to on-site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. Pipe joints will be required within the footprint of the stream channel since stream crossing, lengths exceed typical pipe material lengths (18-20 VIII. Mitigation Construction of this project has limited the amount of permanent wetland impacts to less than 0.10 acre. Therefore. no mitigation is currently being proposed. Areas cleared for the 40- foot temporarv construction easement will be returned to their original contours and re- ve<.zetated with native. herbaceous species. 1. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NC`VRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCNVRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (D`VQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ? No If yes, does the project require preparation of an enviromnental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Pane 5 of 7 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. Yes ? No 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 (DWQ Only) 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. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify: )? Yes ? No ? If you answered "yes", provide the following information: 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. N/A Zone* Impact (square feet) Multiplier Required Mitieation 1 3 2 1.5 Total Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B.0242 or.0260. N/A 2a,.i e 6 of YI. Stormwater (DWQ Only) Describe impervious acreage (both 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. Sources of nearby impervious cover include roads, drivewavs, and rooftops. This project will cause an increase in the impervious coveraige of the project area. XII. Sewage Disposal (DWQ Only 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. N/A XII1. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules? Yes ? No ? Is this an after-the-fact permit application? Yes ? No ? XIV. 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 pen-nits. 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). Construction is scheduled to begin immediately following receipt of the aDpropriate permits. l Applicarrr'_gent's Signature bate (Agent's signature is valid only if an authorization letter from the applicant is provided.) Pa:;e 7 of 7 Jan. 3. '006 03P1I ?`da,36a9 P. ? AGENT CER-1 IFICATION OF AUTHORIZATION 1, ??k Garbaric, representing Charlotte-Mecklenburg, Utilities, hereby certify that 1 have authorized Gregory C. Antemann of Carolina Wetland Services, Inc. to act on my behal i and take all actions necessary to the processing, issuance, and acceptance of this Nationwide Permit and any and all standard and special conditions attached. We hereby certify that the above information submitted in this application is true and accurate to the best of our knowledge. \ . _ _... ?,C?--- - Applicant's signature gent's signature \- 1?,- oCe Date 6? dte Completion of this form will allow the agent to sign all future application, correspondence. REQUEST FOR JURISDICTIONAL DETERMINATION DATE: Januarv 2. 2006 COUNTY Mecklenburg, County. North Carolina TOTAL, ACREAGE OF TRACT N/A linear project PROJECT NAME (if applicable) CMU Caldwell Annex PROPERTY OWNER/APPLICANT (name, address and phone): Charlotte Vlecklenbun? Utilities POC: Mr. Mike Garbark, at (704) 391-4695 5100 Brookshire Blvd. Charlotte. North Carolina 25216 NAME OF CONSULTANT, ENGINEER, DEVELOPER (if applicable): Carolina Wetland Services, Inc. POC: Mr. Gregg C. Antemann, at (704) 527-1177 550 East Westinghouse Blvd. Charlotte, NC 28273 STATUS OF PROJECT (check one): ( ) On-going site work for development purposes ( X) Project in planning stages (Type of project: sewer line construction ) ( ) No specific development planned at present ( ) Project already completed (Type of project: ) ADDITIONAL INFORMATION REQUIRED: Check items submitted - forward as much information as is available. At a minimum, the following first two items must be forwarded. (X) USGS 7.5-2),linute Harrisburg, NC Topographic Quadrangle (X) MRCS Mecklenburg County Soil Survey (X) Mecklenburg County Aerial Photograph (X) Wetland Boundary Survey (Figure 1) (X) Proposed Impacts (Figure 2) (X) Typical Stream Crossing Design (Figure 3) (X) Pre-Construction Notification Pursuant to a Nationwide Permit No. 12 (X) Agent Certification of Authorization Form (X) Routine On-Site Data Forms (DP I - DP5) (X) Agency Correspondence (X) Representative Photographs (A - D) __-ISignature of Property Owner or authorized A,aent Mr. Grcgg C. Antemann DATA FCRM ROUTINE WE T LAtND DETERMINATION (1987 COE Wetlands Deiineaticn Manual) Project/Site: CMU Caldwell Annex Date: 05130105 Applicant/Owner: NlelUrn and Creed County: itileeklenbur,- Investigator(s): Gref:' Antemann, P`VS and Icon Johnson, `VPIT State: NC Do Normal Circumstances exist on the site? Yes No Community ID: wetlan Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID: Is the area a potential Problem Area? Yes No Plot ID: DP1 If needed, explain on reverse. VEGETATION Dominant Ian cie 1 Juncus e!T usus Stratum Indica or herb FACW+ Dominant Plant Species Stratum Indicator 9 2 Impatiens capensis herb FACW 10 3 Cares lurida herb OBL 11 4 Cornus amomum tree FACW+ 12 5 Sambucus canadensis tree FACW- 13 6 LizusU7un sinense shrub FAC 14 7 15 8 16 Percent of Dominant Species that are OBL, FACW or FAC 100% Remarks: All of the dominant1 2lant species are FAC or wetter. HYDROLOGY Recorded Data (Describe in remarks): Stream, Lake or Tide Gauge Aerial Photographs Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: Inundated Saturated in Upper 12 Inches Water Marks Drift Lines Field Observations: Sediment Deposits (on leaves) Drainage Patterns in Wetlands Depth of Surface Water: N/A (in.) Secondary Indicators (2 or more required): X Oxidized Root Channels in Upper 12 Inches Depth to Free Water in Pit: N/A (in.) Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: <12 (in.) FAC-Neutral Test Other (Explain in Remarks) Remarks: Indicators of wetland hvdrologrv are present. Routine Cn-Site Cata Forms Paue I Ot'2 11/23/2CO5 SOILS Map Unit Name (Series and Phase): Helena sandy loam, 2 to g percent slopes Drainage Class well-drained Field Observations Taxonomy (Subgroup): thermic A quic Hapludnlts Confirm Mapped Type? Ye No Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-6 A 2.5Y 4/2 5YR 5/6 Many/ Distinct silt loam 6-12 B 5Y 4/1 10YR 4/6 Few/ Distinct silt loam Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime _ Listed on Local Hydric Soils List (Inclusions) Reducing Conditions Listed on National Hydric Soils List - Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks: Indicators of hwiric soils are present. WETLAND DETERMINATION Hydrophytic Vegetation Present? 9yes No (Circle' Wetland Hydrology Present? No (Circle) Hydric Soils Present? No Is this Sampling Point Within a Wetland? Yes No Remarks: Data point is representative of a jurisdictional wetland area. Approved by HQUSACE 2'92 Routine Cn-Site Data Forms Page 2 o i 2 111 Zi 05 DATA FCRM 'ROUTINE WETLAMD DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: CMU Caldwell Annex Date: 05110105 Applicant/Owner: McKim and Creed County: Meeldenbur- Investigator(s): Gre,-- Antemann, PWS and Ron Johnson, WPIT State: NC Do Normal Circumstances exist on the site? Yes No Community ID: upland Is the site significantly disturbed (Atypical Situation)? Yes Transect ID: Is the area a potential Problem Area? Yes &No Plot ID: DP2 If needed, explain on reverse.) I VEGETATION Dominant Plant Species 1 Lizustnzm sinense Stratum shrub Indicator FAC Dominant Plant Species Stratum Indicator 9 2 Galium sp. herb 10 3 Liriodendron tulipifera tree FAC 11 4 Jficroste,-iu n viminemn herb FAC+ 12 5 Boehmeria crlindrica herb FACW+ 13 6 Parthenocisszis 4uinauefolia vine FAC 14 7 Liquidambarstrracillua tree FAC+ 15 8 Lonicera japonica vine FAC- 16 Percent of Dominant Species that are OBL, FACW or FAC 36% Remarks: More than 50°1,) of the dominant plant sp ecies are FAC or wetter. HYDROLOGY Recorded Data (Describe in remarks): ' Stream, Lake or Tide Gauge Aerial Photographs Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: Inundated Saturated in Upper 12 Inches Water Marks Drift Lines Field Observations: Sediment Deposits (on leaves) Drainage Patterns in Wetlands Depth of Surface Water: N/A (in.) _ Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches Depth to Free Water in Pit: N/A (in.) Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: >12 (in.) FAC-Neutral Test Other (Explain in Remarks) Remarks: No indicators of wetland hvdrology are present. Rcutine Cn-Site Data Fcrms Pag,; 1 of 2 11/22/2C05 SOILS Map Unit Name (Series and Phase): He?ena sandy loam, 2 to g percent slopes Drainage Class well-drained Field Observations Taxonomy (Subgroup): t}lermiC tk gide Haphidults Confirm Mapped Type? Ye No Profile D cri tion: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moistl (Munse!I Moist) Abundance/Contrast Structure, etc. 0-10 A 10YR 514 N/A N/A silt loam 10-12 B 2.5Y 513 7.5YR 4/6 Manv/Faint silt Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed on Local Hydric Soils List (Inclusions) Reducing Conditions Listed on National Hydric Soils List Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: No indicators of hvdric soils are present. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No (Circle, Wetland Hydrology Present? Yes No (Circle) Hydric Soils Present? Yes No Is this Sampling Point Within a Wetland? Yes No Remarks: Data point is representative of a non jurisdictional upland area. Aoprovea by HCUSACE 2,92 Routine Cn-Site Cata Fcrms ?aSe 2 of ? 11. i20/2005 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: CTMU Brookshire West Annex Date: 05/10/03 Applicant/Owner: McKim and Creed County: Meeldenburgi Investigator(s): Gre- Antemann, PWS and Ron Johnson, WPIT State: NC Do Normal Circumstances exist on the site? Yes No Community ID: wetland Is the site significantly disturbed (Atypical Situation)? Yes Transect ID: Is the area a potential Problem Area? Yes &No Plot ID: DP3 If needed, explain on reverse. VEGETATION Dominant Plant S eo cies 1 Baccharis halimifolia Stratum Indicator tree FAC Dominant Plant Species Stratum Indicator 9 2 Populous deltoides tree FAC+ 10 3 Salix nizra tree OBL 11 4 Vicroste! iuln vimineiun herb FAC+ 12 5 Carex spp. herb 13 6 Carpinus caroliniana tree FAC 14 7 15 8 16 Percent of Dominant Species that are OBL, FACW or FAC 100% Remarks: All of the dominant plant sp ecies are FAC or wetter . HYDROLOGY Recorded Data (Describe in remarks): Stream, Lake or Tide Gauge Aerial Photographs Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: Inundated _ Saturated in Upper 12 Inches Water Marks Drift Lines Field Observations: _ Sediment Deposits (on leaves) Drainage Patterns in Wetlands Depth of Surface Water: N/A (in.) Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches Depth to Free Water in Pit: N/A (in.) _ Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: <12 (in.) - FAC-Neutral Test Other (Explain in Remarks) Remarks: Indicators of wetland hvdrologv are present. Routine Cn-Site Data Fcrms Pay.ZP 1 of 2 11i23i005 SOILS Map Unit Name (Series and Phase): Helena sandy loam, 2 to 8 percent slopes Drainage Class well-drained Field Observations Taxonomv (Subcroup): thermic A quic Ha0whilts Confirm Mapped Type? Ye_ No Profile Descri tion• Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon Wumell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-4 A 2.5YR 4/2 7.5YR 4/6 Many/ Distinct silt loam 4-12 B 5Y 4/1 SYR 516 Few/ Distinct silt loam Histosol Concretions Histic Epipedon _ _ High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime _ Listed on Local Hydric Soils List (Inclusions) Reducing Conditions Listed on National Hydric Soils List - Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: Indicators of hvdric soils are present. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No (Circle' Wetland Hydrology Present? Yes No (Circle) Hydric Soils Present? Ye No Is this Sampling Point Within a Wetland? (Yes No Remarks: Approved by HCUSACE 2/92 Routine On-Sita Data Fcrms '?? OI 1'I/Z3/?CCS DA T A EORNI ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: CMU Caldwell Annex Date: 11/17/05 Applicant/Owner: McKim and Creed County: Nlecldenburg Investigator(s): Matt Jenkins State: NC Do Normal Circumstances exist on the site? Yes No Community ID: u plands the site significantly disturbed (Atypical Situation)? Yes No Transect ID: Is the area a potential Problem Area? Yes No Plot ID: DPd If needed, explain on reverse.) VEGETATION Dominant Plan Species 1 LA,ustrum sinense Stratum shrub Indicator FAC Dominant Plant Species Stratum Indicator 9 2 Rebus aryinus herb FAC 10 3 Liriodendron tulipiiera tree FAC 11 4 SolidaQo spp. herb 12 5 Cornus /lorida tree FACU 13 6 Lonicera japonica vine FAC- 14 7 Liquidambar sti racillua tree FAC+ 15 8 Lespedeza an,>ustifolia herb FACU+ 16 Percent of Dominant Species that are OBL, FACW or FAC 57% Remarks: More than 50°/4 of the dominant plant species are 1'AC or wetter. HYDROLOGY Recorded Data (Describe in remarks): Stream, Lake or Tide Gauge Aerial Photographs Other No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: Inundated _ Saturated in Upper 12 Inches Water Marks Drift Lines Field Observations: Sediment Deposits (on leaves) Drainage Patterns in Wetlands Depth of Surface Water: N/A (in.) Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches Depth to Free Water in Pit: N/A (in.) Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: >12 (in.) _ FAC-Neutral Test Other (Explain in Remarks) Remarks: No indicators of wetland livdrologv are p resent. Rcutne On-Site Data Fcrms Pa ze l of 2 1'/''3/2005 SOILS Map Unit Name (Series and Phase): Helena sandy loam. 2 to 8 percent Slopes Drainage Class well-drained Field Observations Taxonomy (Subgrouo): thermic Ag ile Hapludults Confirm Mapped Type? Ye No Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon LMunsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-12 B 7.5YR 514 N/A N/A silt loam Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed on Local Hydric Soils List (Inclusions) Reducing Conditions Listed on National Hydric Soils List Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: No indicators of hvdric soils are present. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No (Circle Wetland Hydrology Present? Yes aNo (Circle) Hydric Soils Present? Yes Is this Samplinq Point Within a Wetland? Yes No Remarks: Data point is representative of a non-jurisdictional upland area. Approved by HQUSACE :j92 Routine On-Site Data Farms F ? Oi 2 11l2?/2C05 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: CMII Brookshire West Annex Date: 11/17/05 Applicant/Owner: iNIeI-C-im and Creed County: Meeldenbur?o, Investigator(s): Matt Jenldns State: NC Do Normal Circumstances exist on the site? Yes No Community ID: tivetian Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID: Is the area a potential Problem Area? Yes No Plot ID: DP5 (If needed, explain on reverse. VEGETATION Dominant Plant Species 1 Impatiens cavensis Stratum Indica or herb FACW Dominant Plant Species Stratum Indicator 9 2 Populous deltoides tree FAC+ 10 3 Salix nitra tree OBL 11 4 Sficroste! ium vimineum herb FAC+ 12 5 Acer rubnim tree FAC 13 6 Carpinus caroliniana tree FAC' 14 7 LiguidambarstcraciAua tree FAC+ 15 8 16 Percent of Dominant Species that are OBL, FACW or FAC 100% Remarks: All of the dominant plant sp ecies are FAC or wetter. HYDROLOGY Recorded Data (Describe in remarks): Stream, Lake or Tide Gauge Aerial Photographs Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: " Inundated - Saturated in Upper 12 Inches Water Marks Drift Lines Field Observations: Sediment Deposits (on leaves) Drainage Patterns in Wetlands Depth of Surface Water: N/A (in.) Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches Depth to Free Water in Pit: N/A (in.) _ Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: <12 (in.) _X FAC-Neutral Test Other (Explain in Remarks) Remarks: Indicators of wetland hvdrologiy are present. ".cutine Cn-cite Data F :rms r mze I o 2 -1 1/23!2C05 SCILS Map Unit Name (Series and Phase): Vance sandy loam, 4 to 15 percent slopes Drainage Class Nvell-drained Field Observations Taxonomy (Subgroup): thermic TVDic Haplndillts Confirm Mapped Type? Ye No Profile D cri tion• Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-12 B AYR 4/2 5YR 4/6 Many/ Distinct silt loam Histosol Concretions Histic Epipedon _ _ High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor _ Organic Streaking in Sandy Soils Aquic Moisture Regime Listed on Local Hydric Soils List (Inclusions) Reducing Conditions Listed on National Hydric Soils List - Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: Indicators of hydric soils are present. WETLAND DETERMINATION Hydrophytic Vegetaticn Present? Yes No (Circle' Wetland Hydrology Present? Yes No (Circle) Hydric Soils Present? Ye No Is this Sampling Point Within a Wetland? Yes No Remarks: Data point is representative of a jurisdictional wetland area. Approved by HQUSACE 2,192 Routine On-Site Data Fcrms 'auc 2, o _' 11/23/2C05 ST'7zo V ??r J• V North Carolina Department of Cultural Resources State Historic Preservation Office Peter B. Sandbeck, Administrator Michael P. Easley, Govcmor Lisbah C. Evans, Secretary Jeffrey J. Crow, Deputy Secretary December 7, 2005 Matt Jenkins Carolina Wedand Services 550 E Westinghouse Blvd. Charlotte, NC 28273 Re: Construction of 9,500 foot sewer line, ChIU Caldwell Annex, Charlotte, Mecklenburg County, ER 05-2743 Dear Mr. Jenkins: Thank you for your letter of November 10, 2005, concerning the above project. Office of Archives and History Division of Historical Resources David Brook, Director We have conducted a review of die project and are aware of no historic resources that would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. In all future communication concerning this project, please cite the above-referenced tracking number. Sincerely, eter Sandbeck !C 'i Location I tailingAddress Telephone/Fax ADMINISTRATION 307 N. Blount Street, Raleigh NC 4617 Mail Scrcice Center, Raleigh NC 27699-4617 (919)7--3-4763/733-8653 RESTORATION 515 N. Blount Street, Raleigh NC 3617 Mail Service Center, Raleigh NC 27699-4617 (919) 733-6547/715-4801 SURVEY 3c PLANNING 515 N. Blount Street, Raleigh, NC 4617 Mail Service Center, Raleigh NC 27699-4617 (919)733-6545/715-4801 North Carolina Department of Environment and Natural Resources Michael F. Easley, Govemor November 22, 2005 Mr. Matt L. Jenkins Carolina Wetland Services 550 E. Westinghouse Blvd. Charlotte, NC 28273 William G. Ross Jr., Secretary Subject: CMU Caldwell Annex - Sewerline Construction; Charlotte, Mecklenburg County CWS Project No. 2005-1224 Dear Mr. Jenkins: The Natural Heritage Program has no record of rare species, significant natural conununities, or priority natural areas at the site nor within a mile of the project area. (Technically, there is a 19th Century record of the Federally Endangered Carolina heelsplitter [Lasnzigona decorata] from a creels less than a mile away. However, that population has long been considered as extirpated.) Although our maps do not show records of such natural heritage elements in the project area, it does not necessarily mean that they are not present. It may simply mean that the area has not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field surveys, particularly if the project area contains suitable habitat for rare species, significant natural communities, or priority natural areas. You may wish to check the Natural Heritage Program database website at <Nv-?vw.ncsparlcs.net/nhp/search.htmI> for a listing of rare plants and animals and significant natural communities in the county and on the topographic quad map. Please do not hesitate to contact me at 919-715-8697 if you have questions or need further information. Sincerely, i Harry E. LeGrand, Jr., Zoologist Natural Heritage Program HEL/hel 1601 Mail SerAca Center, Raleigh, North Carolina 27699-1601 One 1?1C?rOlina Fhcne: 919-733-4984 - FAX: 919-715-3C60 - Internet: yrsrrz.enr.state.nc.us / ? ?`??/?/ An Eeud Ccccr;unity • Af?irma5ve Actcn Emclever - Z-O °o Rz ided • 10 "a FcZt Ccn-,umer?.per / s s CMU Caldwell Annex January 2, 2006 Nationwide Permit No 12 Protect No. 2005-1224 VIA Photograph A. View of Perennial Stream A, facing downstream. Photograph B. View of Perennial Stream C and adjacent Wetland JJ, facing south. CMU Caldwell Annex Nationwide Permit No Photograph D. View of woodland edge habitat, facing north. j_ Carolina Wetland Services January 2, 2006 Ms. Amanda Jones U.S. Army Corps. of Engineers 151 Patton Avenue Asheville, NC 28801 T U? jA,N 4 ~ ZC??16 WETV?j4"t?'1?t1??1i.'Iir1Ft? Lii6ct?'??'N 1 v 0 0 G 2 Subject: Pre-Construction Notification Pursuant to Nationwide Permit No. 12 CMU Caldwell Annex Charlotte, North Carolina Carolina Wetland Services Project No. 2005-1224 The Charlotte Mecklenburg Utilities (CMU) Caldwell Annex site is located in Charlotte, North Carolina between Whispering Oaks Drive and Back Creek Church Road, north of Rocky River Road and Caldwell Road (Figure 1, enclosed). The purpose of this project is to construct approximately 9,430 linear feet of sewer line within a residential neighborhood. McKim R Creed has contracted Carolina Wetland Services, Inc. (CWS) to provide Section 404/401 permitting services for this project. Please see the attached, signed Agent Certification of Authorization Form. Applicant Name: Charlotte Mecklenburg Utilities, Mike Garbark Mailing Address: 5100 Brookshire Blvd., Charlotte, NC 28216 Phone Number of Owner/Applicant: 704-391-4695 Street Address of Project: N/A (linear project) Waterway: UT's to Back Creek Basin: Yadkin River (HU# 03040105) City: Charlotte County: Mecklenburg Decimal Degree Coordinate Location of Project Site: N35° 17', W80'41' 50" USGS Quadrangle Name: Harrisburg, North Carolina, 1996 Current Land Use The current land use for the project area is residential with adjacent wooded lots. Dominant vegetation within the project area consists of ironwood (Carpinus caroliniana), tulip tree (Liriodendron tulipifera), sweet gum (Liquidambar styraciua), red cedar (Juniperus virginiana), red elm (Ubnus rubra), Virginia creeper (Parthenocissus quinquefolia), Japanese honeysuckle (Lonicera japonica), false nettle (Boehmeria cylindrica), privet (Ligustrum sinense), bedstraw t, (Galiaun sp.) and various sedges (Carex spp.). According to the Soil Survey of Mecklenburg County on-site soils consist of Enon sandy loam, 8 to 15 percent slopes (EnD), Helena sandy loam, 2 to 8 percent slopes (HeB), Monacan soils (MO)2, and Vance sandy loam, 2 to 8 percent slopes (VaB) and 8 c United States Department of Agriculture, 1980. Soil Survey of Mecklenburg County, North Carolina. z MRCS Hydric Soils of North Carolina, December 15, 1995. CHARLOTTE: 550 E WESTINGHOUSE BLVD. CHARLOTTE, NC 28273 704-527-1177 (v) 704-527-1133 (fax) COLUMBIA: 322A SOUTHLAKE DRIVE, SUITE 3 LEXINGTON, SC 29072 803-358-0102 (v) 803-753-9639 (fax) RALEIGH: 8311 BRIER CREEK PARKWAY SUITE 105-126 RALEIGH, NC 27617 919-932-2197 (v) WWW.CWS-INC.NET January 2, 2006 Ms. Amanda Jones Page 2 of 8 to 15 percent slopes (VaD). Enon, Helena, and Vance soil types are well-drained and exhibit slow to moderate permeability, while Monacan soils are somewhat poorly drained and exhibit high water capacity. Jurisdictional Delineation On May 10, 2005 CWS's Gregg Antemann, PWS and Ron Johnson, WPIT delineated (flagged in the field) and classified on-site jurisdictional waters of the U.S. using the U.S. Anny Corps of Engineers (USACE) - Routine On-Site Determination Method. This method is defined in the 1987 Corps of Engineers Wetlands Delineation Manual.3 There are eleven jurisdictional wetland areas located within proximity to the project corridors (Wetlands AA - LL). Routine On-Site Data Fortis representative of these wetland areas and adjacent non jurisdictional upland areas have been enclosed (DPI - DP5). Jurisdictional waters of the U.S. were classified according to recent North Carolina Division of Water Quality (NCDWQ)4 and USACE guidance. The results of the on-site field investigation indicate that there are four jurisdictional stream channels (Streams A - D) located within the project corridors (Figure 1, enclosed). Streams A - D are unnamed tributaries to Back Creek. Back Creek is located within the Yadkin River basin (HU# 03040105)5. Back Creek is classified as "Class C" by the NCDWQ. On-site jurisdictional waters of the U.S. total approximately 1.95 acres (84,942 square feet), summarized as follows: Table 1. Summary of On-Site Jurisdictional Waters Potential Jurisdiction Classification Approximate Length in Project Corridor (H) Approximate Acreage Stream A Perennial 70 0.02 Stream B Perennial 62 0.01 Stream C Perennial 131 0.01 Stream D Perennial 0 0.00 Channel Subtotal: 263 0.04 Wetland AA Forested 0.47 Wetland BB Forested 1.0 Wetland CC Forested 0.04 Wetland DD Forested 0.07 Wetland EE Forested 0.01 Wetland FF Forested 0.05 Wetland GG Forested 0.03 Wetland HH Forested 0.11 Wetland JJ Forested 0.06 Wetland KK Forested 0.06 Wetland LL Forested 0.01 Wetland Subtotal: 1.91 On-Site Total: 263 1.95 3 Environmental Laboratory. "Corps of Engineers Wetlands Delineation Manual," Technical Report Y-87-1, US Amry Engineer Waterways Experiment Station, Vicksburg, Mississippi. 4 North Carolina Division of Water Quality, 1999. Stream Classification Method. Version 2.0. 5 "HU#" is the Hydrologic Unit Code. U.S. Geological Survey, 1974. Hydrologic Unit Map, State of North Carolina. January 2, 2006 Ms. Amanda Jones Page 3 of 8 Perennial Streams Perennial channels (Streams A - D) exhibited average ordinary high water widths of 10-12 feet (Stream A) and 2-5 feet (Streams B - D), a continuous bed and bank, significant aquatic life, perennial flow, and substrates consisting of fine sand to large cobbles (Figure 1, enclosed). There are approximately 263 linear feet of perennial stream channels located with the project corridor. Photographs of Perennial Streams B and C are enclosed as Photographs A and B, respectively. Wetlands Wetlands AA, BB and LL are contiguous with Perennial Streams D and B (Figure 1, enclosed). Dominant vegetation within these areas includes soft stem rush (Juncus effusus), silky dogwood (Corpus amomum), elderberry (Sambucus canadensis), shallow sedge (Carex lurida), jewelweed (Impatiens capensis), and privet (Ligustrum sinense). These forested wetland areas exhibited low chroma soils (2.5Y 4/2), mottles (5YR 4/6), oxidized root channels, and saturation within the upper 12 inches of the soil profile. A Routine On-Site Determination Form representing Wetlands AA, BB and LL is enclosed (DPI). Wetlands CC - FF are located near the confluence of Perennial Streams B and C (Figure 1, enclosed). Dominant vegetation within these areas includes Napalese browntop (Alicrostegium vinrineum), eastern baccharis (Baccharis halimifolia), cottonwood (Populus deltoides), black willow (Salix nigra), ironwood (Carpinus caroliniapa), and various sedges (Carex spp.). These forested wetland areas exhibited low chroma soils (2.5YR 4/2 and 5Y 4/1), mottles (7.5YR 4/6 and 5YR 5/6), and saturation within the upper 12 inches of the soil profile. A Routine On-Site Determination Form representing Wetlands CC - FF is enclosed (DP3). Wetlands GG - KK are located in the upper reaches of Perennial Streams B and C (Figure 1, enclosed). Dominant vegetation within these areas includes black willow, cottonwood, jewelweed, Nepalese browntop, ironwood, red maple (Ater rubrum), and sweetgum (Liquidambar styraciflua). These forested wetland areas exhibited low chroma soils (5YR 4/2), mottles (5YR 4/6), drainage patterns, and saturation within the upper 12 inches of the soil profile. A Routine On-Site Determination Form representing Wetlands GG - KK is enclosed (DP5). A photograph of Wetland JJ is enclosed as Photograph B. Agency Correspondence Cultural Resources A letter was forwarded to the State Historic Preservation Office (SHPO) on November 10, 2005 to determine the presence of any areas of architectural, historic, or archaeological significance that would be affected by the project. In a response letter, dated December 7, 2005, SHPO stated that they "are aware of no historic resources that would be affected by the project." Protected Species A letter was forwarded to the North Carolina Natural Heritage Program (NCNHP) on November 10, 2005 to determine the presence of any federally-listed, candidate endangered, threatened species or critical habitat located within the project area. In a response letter, dated November 22, 2005 (enclosed), the NCNHP stated that they "have no record of rare species, significant natural communities, or priority natural areas at the site nor within a mile of the project area." The NCNHP also stated that they have a 19`h century record of the Federally Endangered Carolina Heelsplitter (Lasrnigona decorata) in a creek less than a mile away, however this population has long been considered extirpated. January 2, 2006 Ms. Amanda Jones Page 4 of 8 Protected Species Survey A protected species review was conducted to detennine the potential for the occurrence of animal and plant species fonnally proposed or listed as endangered or threatened by current Federal regulations [Federal Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)] within the subject project corridor. The review consisted of a literature and records search, and pedestrian observations performed by CWS biologists on November 17, 2005. CWS consulted the North Carolina Natural Heritage Program's (NCNHP) Natural Element Occurrence Search Page for Mecklenburg County 6. The data contained in this database was last updated January, 2004. CWS also consulted the NCNHP Element Occurrences GIS layer which revealed that no known occurrences of federally listed species are located within a 1.5 mile radius of the proposed project site. The data contained within this layer was last updated June, 2005. According to the NCNHP database and the North Carolina Department of Natural Resources' (NCDNR) Threatened and Endangered Species database, there are four Federally Endangered species listed for Mecklenburg County, including the Carolina heelsplitter (Lasmigona decorata), smooth coneflower (Echinacea laevigata), Schweinitz's sunflower (Helianthus schiveinitzii), and Michaux's sumac (Rhus rttichauxii). These databases also revealed one federally-threatened species for Mecklenburg County, the bald eagle (Haliaeetus leucocephalus). It was proposed for de-listing in 1999. One Candidate for federal listing, Georgia aster (Symphyotrichum geotgiarrum), has also been observed in this county (Table 1). Plant species observed during the pedestrian survey were identified to species or to the lowest taxonomic level necessary to detennine if the observed specimen was a protected species. Plant species identified in this report follow taxonomy described by Radford, et aL7 The following section describes the potential on-site habitats. On-Site Habitat The site consists of woods, roadsides, and woodland edges adjacent to residential areas. The existing community is a Mesic Mixed Hardwood Forest'. Dominant tree species included ironwood (Catpinus caroliniaua), tulip tree (Liriodeudron tulipifera), sweet gum (Liquidambar styraciflua), red cedar (Juniperus virginiana), and red elm (Uhnus rubra). Dominant vegetation along woodland edges and roadsides included privet (Ligustrum sinense), Japanese honeysuckle (Lonicera japonica), common blackberry (Rubus argutus), narrowleaf lespedeza (Lespedeza angustifolia), dog fennel (Eupatorimn capillifolium), broomsedge (Audropogon virginicus), goldenrod (Solidago sp.), and various grasses (Poa spp.) and sedges (Carex spp.). Table 2. Federall -Listed S ecies Observed in Mecklenbur County, North Carolina Major Scientific Name Common Name Federal Habitat Group Status Bird Haliaeetus leucoce halus Bald Eagle T (PD) mature forests near large bodies of water Small to large streams and ponds with Mollusk Lasmigona decorata Carolina heelsplitter E stable banks over clean substrate comprised of sand, ravel, and cobble Upland oak-hickory-pine forests and Plant Symphyotrichum Georgia aster C openings; sometimes with Echinacea georgiartunt laevi ata or over am hibolite Grassy balds, glades, woodlands over Plant Echinacea laevigata Smooth coneflower E matic rocks 6 The NCNHP Element Occurrence Search Page, found online at http://207.4.179.50/nhp/county.htmi, accessed on November 14, 2005. 7 Radford, ct al. 1968. manual of the Vascular Flora of the Carolinas. The University of North Carolina Press, Chapel Hill, North Carolina. 1183 pp. 8 Community classifications Nvere taken from Classification of the Natural Communities of North Carolina, Third Approximation (Schafale and Weak-ley, 1990).321 pp. January 2, 2006 Ms. Amanda Jones Page 5 of 8 Open woods/roadsides on poor, clayey SChweinitz's and/or rocky soils that vary from very Plant Ifelianthus schweinitzii sunflower E wet to very dry over the course of the year Sandhills, sandy forests, woodland, and Plant Rhus michauxii Michaux's sumac E woodland edges Federal Status Codes Code Status Definition A taxon in danger of extinction throughout all or a E Endangered significant onion of its range. A taxon likely to become an endangered species within the T Threatened foreseeable future throughout all or a significant portion of its range. A taxon that is formally proposed to be listed as P Proposed Endangered or Threatened. A taxon under consideration for which there is sufficient C Candidate information to support listing. PD Proposed De-listed A taxon that is proposed for de-listing Bald Eaule (Haliaeetus leucocephalus) The bald eagle is currently a state and federally-listed threatened (T) species that is proposed for delisting. This bird nests in mature live pines or cypress trees in the transition zone between mature forests and large bodies of water. Nests are cone-shaped, 6-8 feet tall and 6 feet or more in diameter, and usually less than two miles from large bodies of open water. Winter roosts are usually in mature trees, similar to nesting trees, but may be somewhat farther from water. No potential nests or individual eagles were observed during the field review. Carolina heelsplitter (Lasinigona decorata) The Carolina heelsplitter is listed in North Carolina and Federally as Endangered (E). The Carolina heelsplitter is found in small to large streams and rivers as well as ponds over a variety of substrates usually near stable, well-shaded stream banks. Most individuals are found in undercuts and along shaded banks stabilized with extensive tree roots, a buried log, or rocks.9 On-site perennial streams exhibited poor to moderately suitable substrate and shade regimes for this species. Georgia aster 6Vniphyotrichum geornianwn) Georgia aster is currently listed as a candidate (C) species for federal protection. It is a perennial herb historically associated with post oak (Quercus stellata) savanna/prairie communities that existed in the southeast U.S. prior to fire suppression and extirpation of large grazing animals. Today, the species can be found adjacent to roads, along dry, rocky woodlands, and within utility right-of-ways. Similar to Schweinitz's sunflower, this species survives in maintained areas that mimic natural disturbance regimes. Suitable habitat does exist within the project corridor and was surveyed accordingly. Smooth coneflower (Echinacea laevigata) Smooth coneflower is listed in North Carolina and federally as an Endangered (E) species. This plant is known from open woods, cedar barrens, roadsides, dry limestone bluffs, utility right-of-ways, and other sunny to partly sunny locations on calcium-or magnesium-rich soils associated with limestone. 9 Kerferl, E. P. 1991. A Status Survey for the Carolina heelsplitter (Lasmigona decorata), a Freshwater Mussel Endcmic to the Carolinas. Unpublished report to the U.S. Department of the Interior, Fish and Wildlife Services. 51 pp.; in U.S. Fish and Wildlife Service. 1996. Carolina Hcclsplittcr Recovery Plan. U.S. Fish and Wildlife Service, Atlanta, GA. 30 pp. January 2, 2006 Ms. Amanda Jones Page 6 of 8 This species occurs in xeric hardpan forests and diabase glades, as described by Shafale and Weakley (1990). The subject property does not include appropriate habitat and no individuals of this species were observed during the field review. Schweinitz's sunflower (Helianthus schiveinitzii) Schweinitz's sunflower is a perennial herb limited to the Piedmont of North and South Carolina. It is listed as a federally endangered (E) species. The typical habitat for this plant includes roadsides, old pastures, transmission line rights-of-way, open areas, and edges of upland woods. Major characteristics of soils associated with suitable Schweinitz's sunflower habitat include thin soils, soils on upland interstream flats or gentle slopes, those which are clayey in texture (and often with substantial rock fragments), those which have a high shrink-swell capacity, and those which vary over the course of the year from very wet to very dry. Suitable habitat for this species is present along woodland edges and roadsides. The results of the record search and survey of the area indicate the site contains areas of potential habitat for Carolina heelsplitter, Schweinitz's sunflower, and Georgia aster. The on-site habitats for the Carolina heelsplitter were of poor to fair quality, displaying moderate shade conditions, stable streambanks, and few undercuts. On-Site habitats for Schweinitz's sunflower and Georgia aster were of fair to good quality, displaying the ideal soil composition, light infiltration, and moisture regime combination required by this species. A photograph of potential habitat for Schweinitz's sunflower and Georgia aster is enclosed as Photograph D. Despite the presence of suitable habitat, no evidence of Carolina heelsplitter and no Schweinitz's sunflower, or Georgia aster were observed within the project area at the time of the field investigation. The results of this investigation led to the biological conclusion that no Carolina heelsplitter, Schweinitz's sunflower, or Georgia aster would be impacted by future projects. Purpose and Need for the Project Charlotte Mecklenburg Utilities (CMU) is the department of the City of Charlotte charged with providing potable water and sanitary sewer services to areas that have been annexed by the City in accordance with CMU's annexation policy. Under this policy, the service level to be provided includes basic fire protection and installation of sanitary sewer trunk mains or common force mains required to extend sewer service to each publicly dedicated street. The neighborhood surrounding the Caldwell sewer line is contained within an area annexed by the City of Charlotte. The proposed line is designed to provide the residents in this area with sanitary sewer service. Avoidance and Minimization Impacts to on-site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. Pipe joints will be required within the footprint of the stream channel since stream crossing lengths exceed typical pipe material lengths (18-20 feet). Construction activities and impacts to on-site jurisdictional waters meet the following general conditions of Water Quality Certification #3374: • The construction corridor will not be installed parallel to and closer than 10 feet to a stream or 25 feet to waters classified as HQW. The sewer line will cross stream channels at or near- perpendicular angles (between 75 degrees and 105 degrees). • Measures will be taken to prevent live or fresh concrete from coming into contact with waters of the state until concrete has hardened. January 2, 2006 Ms. Amanda Jones Page 7 of 8 • Placement of rip rap will be restricted to the stream bottom and banks directly impacted by the placement of the utility line. Rip rap will only be used below the normal high water level. The stream cross section will be restored to its original grade and placement of rip rap will not result in destabilization of stream bed or banks upstream or downstream of the crossing. • The construction corridor will be limited to 40 feet in width in wetlands and across stream channels and will be minimized to the maximum extent practicable. • Permanent, maintained access corridors will be restricted to no more than 10 feet in width. • Wetland crossings have been reduced to less than 150 feet in length and will not require anti- seep collars. Proposed Impacts to Jurisdictional Waters Unavoidable, temporary impacts to Wetland DD total approximately 0.02 acre. These impacts are a result of clearing activities. Unavoidable impacts to Wetland GG total approximately 0.03 acre. Approximately 0.02 acre of these impacts are permanent and 0.01 acre are temporary impacts and are a result of clearing activities. Unavoidable impacts to Wetland HH total approximately 0.07 acre, 0.05 acre of which are pennanent impacts and 0.02 acre are temporary. These impacts are a result of clearing activities. Unavoidable impacts to Wetland JJ total approximately 0.03 acre, 0.02 acre of which are pennanent impacts and 0.01 acre are temporary. These impacts are a result of clearing activities. Unavoidable, temporary impacts to Wetland LL total approximately 0.01 acre and are a result of clearing activities. Approximately 70 linear feet of Perennial Stream A will be impacted by the proposed sewer line. Approximately 20 linear feet of these impacts are the result of rip rap placement and the remaining 50 linear feet are temporary impacts as a result of construction activities. Approximately 70 linear feet of Perennial Stream B will be impacted. These impacts are the result of 20 linear feet of rip rap placement and 50 linear feet of temporary impacts from construction activities. Approximately 105 linear feet of Perennial Stream C will be impacted. These impacts are the result of 30 linear feet of rip rap placement and 75 linear feet of temporary impacts from construction activities (Figure 2, enclosed). A typical stream crossing design has been enclosed as Figure 3. Impacts to on-site jurisdictional waters are summarized as follows: Table 3. Impacts to On-Site Jurisdictional Waters Jurisdictional Feature Temporary Impacts Permanent Impacts Total Wetland DD 0.02 acre - 0.02 acre Wetland GG 0.01 acre 0.02 acre 0.03 acre Wetland I1H 0.02 acre 0.05 acre 0.07 acre Wctland JJ 0.01 acre 0.02 acre 0.03 acre Wetland LL 0.01 acre - 0.01 acre Total 0.07 acre 0.09 acre 0.16 acre Perennial Stream A 50 if 20 If 70 if Perennial Stream B 50 if 201f 701f Perennial Stream C 751f 30 if 105 if Total 1751f 701f 2451f On behalf of McKim & Creed, CWS is submitting a Pre-Construction Notification Application with attachments in accordance with Nationwide Permit General Condition No. 13, and pursuant to Nationwide Pen-nit No. 12 (enclosed). January 2, 2006 Ms. Amanda Jones Page 8 of 8 Compensatory Mitigation Construction of this project has limited the amount of pernianent wetland impacts to less than 0.10 acre. Therefore, no mitigation is currently being proposed. Areas cleared for the 40-foot temporary construction easement will be returned to their original contours and re-vegetated with native, herbaceous species. Please do not hesitate to contact us at 704-527-1177 should you have any questions or continents regarding these findings. -. C . regg C. An emann, PWS Matt L. Jenkins Principal Biologist Staff Biologist II Enclosures: USGS 7.5' Harrisburg, NC Topographic Quadrangle NRCS Mecklenburg County Soil Survey Mecklenburg County Aerial Photograph Figure 1. Wetland Boundary Survey Figure 2. Proposed Impacts Figure 3. Typical Stream Crossing Design Pre-Construction Notification Pursuant to a Nationwide Permit No. 12 Agent Certification of Authorization Form Request for Jurisdictional Determination Form USACE Routine Wetland Detennination Data Forms (DP 1 - DP5) Agency Correspondence Representative Photographs (A - D) cc: Mr. Chuck Shue, McKim & Creed YA2005Projects12005-1224 CMU Caldwell kmxlPermilingWVVP12reporLdoc 7.5 Minute Topographic Map Series, Harrisburg, North Carolina, dated 1996. Approximate Scale V = 2000' UB ?4 Aerial Photograph, Harrisburg Quadrangle, North Carolina, dated 2004. Approximate Scale 1" = 700' Image Courtesy of the Mecklenburg County GIS Department \ 'Wetland AA?-047-,Actti y I.. _ \ I 1 \?• \ 1 ` -;/ `\`\_ ?\ ?/ /l ill 'i ?I NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED AND CLASSIFIED t ??,_ ??1 (I + v 1 BY CAROLINA WETLAND SERVICES, INC. CWS ON MAY 10, 2005. JURISDICTIONAL I \ `\ \ s Perennial. Streom\ D t I 'XV FEATURES HAVE NOT BEEN VERIFIED BY THE USACE. j? P,eren lal Stream A... -?? . Avy? ! v?,. A t t\\ ?`?\ 0.01 11 \ Ace , `. Wetlo t ?/ 1 1 \ li ` 1 i\\?t I \ ?? \?i Wpl 10 • ? ? / ? I?? - :?_ AAA ? -- ? ? - ?. ., `? , ? ,??,,, v 'l ? ,. ?t A ; l C i ?v v v v u 1 \ 1`r, III / '? % Wetland BB ?- .0 f J `> r I ?er ?nnial/5treon-B 61 ;A ' `` \\\ % )`? ? ,l ! ? ? r R 1 ?, I ? \' 1 ?`? ?? i i?? ,` /' \ 1. \ ? ?!` r?`?•. Wetland CC v=v0.04 Acre -I11 ?\\ + _ ".tip, ? i < ? \ \ • ?. .4 cr. ?\ > 1 ~I , l ;I V???w a, 'I ?? l + ' ) I I t t DP3 Wetlond D t .071 Acre t, ` l LEGEND ? pe?enmol?Streom B? V O`Wetl d . - 0.05 Acre JURISDICTIONAL STREAM CHANNEL \ \ \ \ ~ ® JURISDICTIONAL WETLAND AREA /_Perenniol`-Stream C \\ '? `l\ `1`(?r Gti•L f \ y- ??? \\ `_ V WetlorVd- EE/ ,-,,,O 01v Acres e( \? --s .. V PROPOSED SEWER LINE -J? PHOTO LOCATION AND DIRECTION \ 4.• , ?- ?\ ??.; \ A - \ t .;?• \ AVM v v Aaa_I? ?? etlond'GG . X0.03-Acre APPROXIMATE SCALE: 1"=300' f o I( I/ i ? Creemore / 431; 1 _ - 4i'Ij ??}Netlond (HH 0.11 /Acre ca a V_ v/? vQereriniol.Streom C\ .?? W/?Ita Ct-_ \ \ t? `i \,\ - 0 NO Carolina Wetland Services Q CWS 550 East Westinghouse Blvd. <<,,r vy? I v t c„• j / -= Wetlond JJ ` "0'06 ; Acre Charlotte, North Carolina 28273 _ ' _ RFFF.RFNCE: SITE PLAN AND SI IRVFY PROVIDFD RY n7CKIA1.@ CRFFD. DATED 2005. Figure 1. Wetland Boundary Survey ` ;;'-? CMU Caldwell Anne% 4710 Charlotte, North Carolina Wetlond_KK 0 06 Acre j CWS Pro•ect No. 2005-1224 j ?? - - PREPARED R DATE CI [EssKED DATE 42- F- Ln ! - it- i NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED AND CLASSIFIED BY CAROLINA WETLAND SERVICES, INC. (CWS) ON MAY 10, 2005. JURISDICTIONAL r -5. l 1 I ?? \ (I l / FEATURES HAVE NOT BEEN VERIFIED BY THE USACE. J' / 1 1 Perepriio, ?Streo?m?ll ?- 3 I(?.Impocted\ 1 10 I( Perrrlanent'?Impacts ip rap) r 25? f Te pororY,Impocts etfondlAA /) - '?• ;i,ll?? ?, , ;`. r /, ,1?1i, ?i hi/ ` l. Perennial Stream -D u I/' Peren1ol (!Streom_A 5 If [Impocted ?Iy1 V h 10r if Peffnanent Impacts (rip rap) Ofcr Impacts` 25 f?Temp y 10 VA. cre ? 0.01//A /yWetlond,_Lh - if.TemporcSSy Forested Impacts l X ?i\?? ? Y1 r G / I l J l 1 , ell V \. `•, \? Perennio! St(eom q - 35,1T acted \\-\10\If-Perfnorient'Impacts?, r,p. ra J ?`•\? ,25 I Temporory Impocts _`. `Perenniol, Stream C 35; If,lmpoctcd d v -"\, 10-If Permanent Impacts rip rop) ` t 1 0? , ` ` \rt 1 (?' \? 't,; 251•If-Temporory Impocts t: _y ?.?X v v _? r ?? r" ?',F \ ! ? ???,I Cla ?I.?? ??/ r? ? ?--?.??. ? a7i/ - w ? ? ? ,???V ? ? ?I `?,? ?? ? ,? l ? ??' ?`iv1??A?\??? ? ? I???? ?}??'??? i ???1.? ? ,.?•? t 1'Wgtlon DD'- 0.02?Acra`' E1 \ ?? 1 `Tempor y rested Impocts \ \ d „ Wetlond FF pill Perennial Stream B 35' If?lmpocted ??? I ?r.:;_ \\ \ 431 l 10`If'Permonent' Impacts (rip, `ro ?. \\? \\, ?\\ ` 1 \` / \!(\ `.25 If,Tem oror Imacts` (., P) 1 C - w\ ??1\` \? + r) ~? `M/ / ' J Wetlond GG 0 03, r _Total Forested;-Impacts" '/ ' ,\'' \' et" aQO/e \ 2 Acre- Permonen I acts J ? nd EE , 0_ ? •S/ ?? ??- - - Weta l _ `.? t , ti 4 :;o ( ro 01 Acre Temporary. Irr? c t s / ? ,. ?-1 ?"%''?..? ?? •'????? _ ti'sA???,A ?„ ??? t, -?-° ?`i? ,?o ?` 4I??t ` J ! / - \Perenn,al Stream(~ /35 If Impacted- 10 If ,Permo en pacts n rap ! ?? / f, /•\? t CY ?2 ?If Te par Impacts ?/ i i f i i 4123 (Wetland } H`/- 07 -Acre "Total, Forested Imp c 0,05 Acre Permanent 'Impacts ° 'i ?02' A cre' Tern orory Impocts' t7 ( ?'? _ 4521 AV? ?5 ( r r Carolina Wetland Services CWS 550 East Westinghouse Blvd. o nor \ 0 1 /; s •„,,„?,„d, a W 1\ Welland\JJ 0.03 Acre ofp Forested:Impocts Charlotte, North Carolina 28273 0:02 Acre.-Permanent`[ pogts t i 0.01'Acre Tempcrary I pp ? Try A:,O ?_i? 1 - _ << ?? V 'Per_ennial, Stream 35 If.lmpacted r Y PROVIDED BY MCKiM k CRUD, DATED 2005 RLFFRP.NCP.• SITE PLAN AND SERVE +; I,• ?.4 •,'1\10 I / Ifl.Permonenb mp?ts (r,pjrop Figure 2. Proposed Impacts 25 If Temporary ?m 'acts ;!,? CMU Caldwell Annex i ; Charlotte, North Carolina CWS Project No. 2005-1224 ?• .?? ?? ;'.,1 ???? ?? - ??i /? i I a-':1" i / . PREPARED BY DATE CI MCKLD DATE I , Welion, 14 A- r 3'-0" BACKFILL TOP OF BANK SECTION OF MATTING WITH MIN 6- TOPSOIL TOP OF BANK HERBACEOUS PLANTS (SWITCH GRASS) SEED AND MULCH WITH WOVEN COIR NET OVERLA (400 WEAVE) 1/2 DEPTH OF OF CREEK BANK CREEK BED INSTALL ANCHORS IN ACCORDANCE WITH MANUFACTURES SPECIFICATIONS 4' MIN THICKNESS TIMES DIAMETER \/JI OF LARGEST STONE STONE OR 2' MINIMUM STONE RIP--RAP FOR STONE SIZE SEE SPECIFICATIONS. 3' MIN STREAMBANK STABILIZATION DETAIL NOT TO SCALE Carolina Wetland Services I ) CS 550 East Westinghouse Blvd. Charlotte, North Carolina 28273 RFFFRFNCE' STREAM DFSIGN PROVIDFD BY TICK IM k CREED, DATED 2005 Figure 3. Typical Stream Crossing Design CMU Caldwell Annex Charlotte, North Carolina CWS Project No. 2005-1224 PREPARED DATE CHECKED DATE ML: 11-V .0S-- G C-4 i,,/•x-o? Office Use Only: Form Version April 2001 2 0 0 60 0 o 2 USACE Action III No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing, Check all of the approval(s) requested for this project: D r-N-1 (551 M Q W 12 N Section 404 Permit I? ? Section 10 Permit JAN J - 2006 ? 401 Water Quality Certification ? Riparian or Watershed Buffer Rules DENR - WATER QUALITY 1iE W@SANDSTOWMATEROfMCN 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit No. 12 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 Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: Charlotte Mecklenburg Utilities. Contact: Mr. Mike Garbark ivlailing Address: 5100 Brookshire Blvd. Charlotte. North Carolina 28216 Telephone Number: (704) 391-4695 Fax Number: E-mail Address: 2. 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: Mr. Greg<,i C. Antemann Company Affiliation: Carolina Wetland Services. Inc. Mailing Address: 550 East Westinghouse Blvd. Charlotte. NC 28273 Telephone Number: (704) 527-1177 Fax Number: (704)527-1133) E-mail Address: gre<gg(c-v cws-inc.net Page 1 of 7 III. Project Information 1. Name of project: CMU Caldwell Annex 2. T.I.P. Project Number (NCDOT Only) N/A 3. Property Identification Number (Tax PIN): N/A linear project 4. Location County: Mecklenburg Nearest Town: Charlotte Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): From downtown Charlotte, travel north on Interstate 77 (I-77), merge onto I-85 N via Exit #13A toward Greensboro. Merge onto US-29 Bypass N via Exit 942 toward NC-49 / US-29. Stay straight to go onto US-29 N / NC-49 N / N Tryon St. continue to follow NC-49 N. Turn riuht onto Chancellor Park Drive. Turn ri?iht onto E WT Harris Blvd. / NC-24 E. After approximately 1.7 miles. turn left onto Rocky River Road. After approximately 2 miles, turn left onto Hood Dr. 5. Site coordinates, if available (UTM or Lat/Long): N35° 16' 49" WSO° 41' 45" (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: The existing, land use of the project area is residential with adjacent wooded lots. 7. Property size (acres): N/A linear project S. Nearest body of water (stream/river/sound/ocean/lake): 9. River Basin: Yadkin River Back Creek (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.ear.state.nc.us/admin/maps/.) 10. Describe the purpose of the proposed work: Charlotte Mecklenburg Utilities (CMU) is the department of the City of Charlotte charged with providing potable water and sanitary sewer services to areas that have been annexed by the Citv in accordance with CMU's annexation policy. Under this policv, the service level to be provided includes basic fire protection and installation of sanitarv sewer trunk mains or common force mains required to extend sewer service to each publicly dedicated street. The neitihborhood surrounding the Caldwell sewer line is contained within an area annexed by the City of Charlotte. The proposed line is desi?-)ned to provide the residents in this area with sanitary sewer service. 11. List the type of equipment to be used to construct the project: A trackhoe and typical excavation equipment will be used for this project. 12. Describe the land use in the vicinity of this project: The land use surrounding, the project is mainlv residential with adiacent wooded areas. Pace 2 of 7 IV. Prior Project History This project has no prior history. V. Future Project Plans There are no future project plans for this site. VI. Proposed Impacts to Waters of the United States/Waters of the State 1. Wetland Impacts Wetland Impact Located within Distance to Site Number Type of Impact* Area of Impact 100-year Nearest Stream Type of Wetland*** (indicate on map) (acres) Floodplain*F (linear feet) (yes/no) DD Temporary 0.02 No Contiguous Forested GG Excavation 0.02 No Contiguous Forested GG Temporary 0.01 No Contiguous Forested HH Excavation 0.05 No Contiguous Forested HH Temporary 0.02 No Contiguous Forested JJ Excavation 0.02 No Contiguous Forested JJ Temporary 0.01 No Contiguous Forested LL Temporary 0.01 No Contiguous Forested * List each impact separately and identity temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. 100-Year tloodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (Fn %4), or FEMA-approved local tloodplain maps. Nlaps are available through the FEMA Map Service Center at 1-300-358-9616, or online at littp://www.fcina.,,ov. K:k.k List a wetland type that best describes wetland to be impacted (c.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: 191 acres Total area of wetland impact proposed: 0.07 acre of temporary impacts. 0.09 acre of permanent impacts Paze 3 of 7 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on ma) Type of Impact'' Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please secify) Stream A Rip Rap 20 If UT to Back Creek 10-12' Perennial Stream A Temporary 501f UT to Back Creek 10-12' Perennial Stream B Rip Rap 20 if UT to Back Creek 2-5' Perennial Stream B Temporary 50 If UT to Back Creek 2-5' Perennial Stream C Rip Rap 30 If UT to Back Creek 2-5' Perennial Stream C Temporary 75 if UT to Back Creek 2-5' Perennial * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, 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. Strewn names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps arc available through the USGS at 1-800-353-9616, or online at www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.coin, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 175 linear feet of temporarv impacts. 70 linear feet of permanent impacts 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. N/A Open Water Impact Area of Name Wat Type of Waterbody Site Number Type of Impact* Impact ) plicabbllee) (if applicable) (lake, pond, estuary, sound, (indicate on ma) (acres) bay, ocean. etc.) N/A List cacti impact separately and identity temporary impacts. Impacts include, but are not limited to: till, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Pa,e 4 of 7 Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond: Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Impacts to on-site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. Pipe joints will be required within the footprint of the stream channel since stream crossing lengths exceed typical pipe material lengths (18-20 feet). VIII. Mitigation Construction of this project has limited the amount of permanent wetland impacts to less than 0.10 acre. Therefore. no miti<,2ation is currently being imposed. Areas cleared for the 40- foot temporarv construction easement will be returned to their original contours and re- ve(zetated with native. herbaceous species. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written aygreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ? No ? 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)? Pa<ge J o'1 7 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 enviromnental documentation. Yes ? No 7 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 ? Y. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) 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. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify: )? Yes ? No © If you answered "yes", provide the following information: 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. N/A Zone_ Impact (square feet) Multiplier Required Miti?aation 1 3 2 I 1.5 Total Zone l extends out .iU feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within I5A NCAC 2B .0242 or. 0260. N/A Page 6 of 7 XI. Stormwater (DWQ -Only) Describe impervious acreage (both 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. Sources of nearby impervious cover include roads, driveways, and rooftops. This project will cause an increase in the impervious covera<.te of the project area. YII. Sewage Disposal (DWQ Only) 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. N/A VIII. Violations (DWQ Only) 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 ? YIV. 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). Construction is scheduled to benzin immediately followin receipt of the appropriate permits. l Applicantlgent's Signature bate (Agent's signature is valid only if an authorization letter from the applicant is provided.) Paize 7 of 7 Jan. 3. 2001 11 : 0 2 P M I`l0-?J5'2 P. AGZNT CFRTIFTCATION OF AUTHORIZATION I, Garbark, representing Charlotte-Mecklenburg, Utilities, hereby certify that l Have M authorized Gregory C. Antemann of Carolina Wetland Services, Inc. to act on my behalf and take all actions necessary to the processing, issuance, and acceptance of this Nationwide Permit and any and all standard and special conditions attached. We hereby certify that the above information submitted in this application is true and accurate to the best of our knowledge, Applicant's signature Dent's signature \- - o? Date ate Completion of this form will allow the agent to sign all future application correspondence. REQUEST FOR JURISDICTIONAL DETERMINATION DATE: January 2, 2006 COUNTY Mecklenburg Countv. North Carolina TOTAL ACREAGE OF TRACT N/A linear project PROJECT NAME (if applicable) CNIU Caldwell Annex PROPERTY OWNER/APPLICANT (name, address and phone): Charlotte Mecklenburg Utilities POC: Mr. Mike Garbark, at (704) 391-4695 5100 Brookshire Blvd. Charlotte, North Carolina 28216 NA2vIE OF CONSULTANT, ENGINEER, DEVELOPER (if applicable): Carolina Wetland Services, Inc. POC: Mr. Gregg C. Antemann, at (704) 527-1177 550 East Westin house Blvd. Charlotte, NC 28273 STATUS OF PROJECT (check one): ( ) On-going site work for development purposes ( X) Project in planning stages (Type of project: sewer line construction ) ( ) No specific development planned at present ( ) Project already completed (Type of project: ) ADDITIONAL INFORMATION REQUIRED: Check items submitted - forward as much information as is available. At a minimum, the following first two items must be forwarded. (X) USGS 7.5-Minute Harrisburg, NC Topographic Quadrangle (X) NRCS ivlecldenburg County Soil Survey (X) Mecklenburg County Aerial Photograph (.Y) Wetland Boundary Survey (Figure 1) (X) Proposed Impacts (Figure 2) (X) Typical Stream Crossing Design (Figure 3) (X) Pre-Construction Notification Pursuant to a Nationwide Permit No. 12 (X) Agent Certification of Authorization Form (X) Routine On-Site Data Forms (DP 1 - DP5) (X) Agency Correspondence (X) Representative Photographs (A - D) Simature of Property Owner or Authorized A.zent Mr. Gretz- C. Antemann DATA FORM ROUTINE WETLAND DETERMINATICM (1987 COE Wetlands Delineation Manual) Project/Site: CMU Caldwell Annex Date: 05110105 Applicant/Owner: llelUm and Creed County: Mecklenbur.,11 Investigator(s): Gre-r;; Antemann, PWS and Ron Johnson, `VPiT State: NC Do Normal Circumstances exist on the site? Yes No Community ID: ivetlaii Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID: Is the area a potential Problem Area? Yes No Plot ID: DPI I If needed, explain on reverse.) VEGETATION Dominant Plan Species 1 Juncus elfusus Stratum Indicator herb FACW+ Dominant Plant Species Stratum Indicator 9 2 Impatiens canensis herb FACW 10 3 Cares lurida herb OBL 11 4 Cornus amonuun tree FACW+ 12 5 Sambucus canadensis tree FACW- 13 6 Lieustnim sinense shrub FAC 14 7 15 8 16 Percent of Dominant Species that are OBL, FACW or FAC 100% Remarks: All of the dominant p lant species are FAC or wetter. HYDROLOGY Recorded Data (Describe in remarks): Stream, LalZe or Tide Gauge Aerial Photographs Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: Inundated - Saturated in Upper 12 Inches Water Marks Drift Lines Field Observations: Sediment Deposits (on leaves) Drainage Patterns in Wetlands Depth of Surface Water: N/A (in.) _ Secondary Indicators (2 or more required): X Oxidized Root Channels in Upper 12 Inches Depth to Free Water in Pit: N/A (in.) Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: <12 (in.) - FAC-Neutral Test Other (Explain in Remarks) Remarks: Indicators of wetland hvdrology are present. Routine Cn-Site Data Fcrms I a,-Te I of 2 1 ,/2312005 SOILS Map Unit Name (Series and Phase): Helena sandv loam, 2 to 3 percent slopes Drainage Class `yell-drained Field Observations Taxonomy (Subgroup): thermic A nic Ida hidults Confirm Mapped Type? Ye No Profile Descr tion: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moistl (Munsell Moist) Abundance/Contrast Structure, etc. 0-6 A 2.5Y 4/2 AYR 5/6 Many/ Distinct silt loam 6-12 B SY 4/1 10YR 4/6 Few/ Distinct silt loam Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor _ Organic Streaking in Sandy Soils Aquic Moisture Regime Listed on Local Hydric Soils List (Inclusions) Reducing Conditions Listed on National Hydric Soils List Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks: Indicators of ImIric soils are present. VVETLAND DETERMINATION Hydrophytic Vegetation Present? §Ye No (Circle Wetland Hydrology Present? No (Circle) Hydric Soils Present? No Is this Sampling Point Within a Wetland? Yes No Remarks: Data point is representative of a jurisdictional ivetland area. Approved by HCUSACE 2/92 Routine Cn-Site Data Fcrms Pane, 2 of 2 11/23/2005 DATA FCRM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation lManuai) Project/Site: CMU Caldwell Anne: Date: 05110105 Applicant/Owner: McMrn and Creed County: lleclclenbura Investigator(s): Gre-- Antemann, PWS and Ron Johnson, WPIT State: NC Do Normal Circumstances exist on the site? Yes No Community ID: upland Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID: Is the area a potential Problem Area? Yes No Plot ID: DP2 If needed, explain on reverse. VEGETATION Dominant Plan S ecies Stratum Indicator Dominant Plant Species Stratum Indicator 1 Lieustnun sinense shrub FAC 9 2 Galium sp. herb 10 3 Liriodendron tulipilera tree FAC 11 4 .Lficrosteziunz virnineunt herb FAC+ 12 5 Boehmeria crlindrica herb FACW+ 13 6 Parthenocissus auinauelolia vine FAC 14 7 Liquidmnbarstrracillua tree FAC+ 15 8 Lonicera japonica vine FAC- 16 Percent of Dominant Species that are OBL, FACW or FAC 86% Remarks: More than 50'Vo of the dornlnant plant sp ecies are FAC or wetter. HYDROLOGY Recorded Data (Describe in remarks): Stream, Lake or Tide Gauge Aerial Photographs Other No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: Inundated Saturated in Upper 12 Inches Water Marks _ Drift Lines Field Observations: Sediment Deposits (on leaves) Drainage Patterns in Wetlands Depth of Surface Water: N/A (in.) Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches Depth to Free Water in Pit: N/A (in.) _ _ Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: >12 (in.) -FAC-Neutral Test Other (Explain in Remarks) Remarks: No indicators of wetland hydrolo-,y are present. Rcuiine Cn-Site Data crms Qa,_,3) Of i 112'/X05 I, SOILS Map Unit Name (Series and Phase): Tie!pna sandy loam, 2 to 8 percent slopes Drainage Class well-drained Field Observations Taxonomy (Subgroup): thermic Aq uic Minhldnlts Confirm Mapped Type? Ye No Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon Wunsell Moistl (Munse!I Moist) Abundance/Contrast Structure, etc. 0-10 A 10YR :5/4 N/A N/A silt loam 10-12 B 2.5Y 513 7.5YR 4/6 Many/Faint silt Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor _ Organic Streaking in Sandy Soils Aquic Moisture Regime Listed on Local Hydric Soils List (Inclusions) Reducing Conditions _ Listed on National Hydric Soils List Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: No indicators of hvdric soils are present. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No (Circle Wetland Hydrology Present? Yes No (Circle) Hydric Soils Present? Yes No Is this Sampling Point Within a Wetland? Yes No Remarks: Data point is representative of anon-jurisdictional upland area. Approved by HCUSACE 2/92 Routine Cn-Site Data =crms PaLT, 2 o1`2 1',/23/2005 DATA FORM ROUTINE WETLA1,11D DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: CMU Brookshire West Annex Date: 0511010 Applicant/Owner: I eKIm and Creed County: Meeklenbur,-__1 Investigator(s): Gre-- Antemann, PWS and Ron Johnson, WPIT State: NC Do Normal Circumstances exist on the site? Yes No Community ID: wetlan Is the site significantly disturbed (Atypical Situation)? Yes Transect ID: Is the area a potential Problem Area? Yes &No Plot ID: DP3 If needed, explain on reverse.) VEGETATION Dominant Plant Species 1 6accharis halimifblia 2 Populous deltoides Stratum Indicator tree FAC tree FAC+ Dominant Plant Species Stratum Indicator 9 10 3 Salix nizra tree OBL 11 4 aficroste;ium rimineutn herb FAC+ 12 5 Carex syp. herb - 13 6 Carpinus caroliniana tree FAC 14 7 15 8 16 Percent of Dominant Species that are OBL, FACW or FAC 100% Remarks: All of the dominant plant s pecies are FAC or wetter. HYDROLOGY Recorded Data (Describe in remarks): Stream, Lake or Tide Gauge Aerial Photographs Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: Inundated Saturated in Upper 12 Inches Water Marks _ Drift Lines Field Observations: _ Sediment Deposits (on leaves) Drainage Patterns in Wetlands Depth of Surface Water: N/A (in.) Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches Depth to Free Water in Pit: N/A (in.) _ Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: <12 (in.) FAC-Neutral Test Other (Explain in Remarks) Remarks: Indicators of wetland hydrology are present. R.cutir,e On-Site rata Forms Pave 1 of 2 1'123l2_r05 SOILS Map Unit Name (Series and Phase): Malaria sandv loam, 2 to 8 peeeent slopes Drainage Class well-drained Field Observations Taxonomv (Subgroup): thermic A quic Hapludnlts Confirm Mapped Type? Ye_ No Profile Descriotion: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsed Mcistl (Munsell Moist) Abundance/Contrast Structure, etc. 0-4 A 2.5YR 4/2 7.5YR 4/6 Many/ Distinct silt loam 4-12 B 5Y 411 SYR 5/6 Few/ Distinct silt loam Histosol Concretions Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor _ Organic Streaking in Sandy Soils Aguic Moisture Regime Listed on Local Hydric Soils List (Inclusions) Reducing Conditions Listed on National Hydric Soils List T- Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks: Indicators of hvdric soils are present. WETLAND DETERMINATION Hydrophytic Vegetation Present? MYes No (Circle', Wetland Hydrology Present? No (Circle) Hydric Soils Present? No Is this Sampling Point Within a Wetland? Yes No Remarks: Data point is representative of a jurisdictional wetland area. Approved by HCUSACE 2192 I Rcutine On-Site Data Forms La`,;e 2 u, 2 11/?3/ZCOS DATA FORM RO,TI' 1;= WETLAND DETERMINATICN (1987 COE Wetlands Delineation Manual) Project/Site: CMU Caldwell Annex Date: 11/17/05 Applicant/Owner: McKim and Creed County: Nlecklenburl- Investigator(s): Matt Jenkins State: NC Do Normal Circumstances exist on the site? Yes No Community ID: upland Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID: Is the area a potential Problem Area? Yes No Plot ID: DP4 If needed, explain on reverse.) VEGETATION Dominant Plan S cis 1 Li?ustrunt sinense Stratum Indicator shrub FAC Dominant Plant Species Stratum Indicator 9 2 Rubus arQutus herb FAC 10 3 Liriodenciron adioifera tree FAC 11 4 Solidai o sop. herb 12 5 Cornus florida tree FACU 13 6 Loniccra japonica Ville FAC- 14 7 Liquidambarsttraciflua tree FAC+ 15 8 Lespede:a an,ustifolia herb FACU+ 16 Percent of Dominant Species that are OBL, FACW or FAC 57% Remarks: More than 50%, of the dominant 1211-ant species are I+AC or wetter. HYDROLOGY Recorded Data (Describe in remarks): Stream, Lake or Tide Gauge Aerial Photographs Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: _ Inundated Saturated in Upper 12 Inches Water Marks Drift Lines Field Observations: _ _ Sediment Deposits (on leaves) Drainage Patterns in Wetlands Depth of Surface Water: N/A (in.) Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches Depth to Free Water in Pit: N/A (in.) Water-Stained Leaves _ Local Soil Survey Data Depth to Saturated Soil: >12 (in.) FAC-Neutral Test Other (Explain in Remarks) Remarks: No indicators of wetland hvdrology are p resent. Routine Cn-Site Data Forms Pa,-,e I o-1:2) i'i 3/2605 SOILS Map Unit Name (Series and Phase): Helena sandv loam, 2 to S percent slopes Drainage Class well-drained Field Observations Taxonomy (Subgroup): thermic A( l3aplndults Confirm Mapped Type? Ye No Profile De cri tion: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon LMunsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-12 B 7.:5YR 514 N/A N/A silt loam Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor _ Organic Streaking in Sandy Soils Aquic Moisture Regime Listed on Local Hydric Soils List (Inclusions) Reducing Conditions Listed on National Hydric Soils List Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: No indicators of hvdric soils are present. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No (Circle Wetland Hydrology Present? Yes (Circle) Hydric Soils Present? Yes ?Nto Is this Sampling Point Within a Wetland? Yes No Remarks: Data point is representative of a non-jurisdictional ijpland area. Approve" by HCUSACE 2'52 Rcutine On-Site Data Fcrms D _' _P ? Ot 11/2*Z/2CrG.,= DATA FORM RCUT3N1= WETLAND DETERMINATICNI (1987 COE Wetlands Delineation Manual) Project/Site: C.NIU Brookshire West Annex Date: 11/17/05 1 Applicant/Owner: McKim and Creed County: Nleelclenbur?g Investigator(s): Matt Jenkins State: NC Do Normal Circumstances exist on the site? Yes No Community ID: wetlan Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID: Is the area a potential Problem Area? Yes No Plot ID: DP5 I If needed, explain on reverse.) VEGETATION Dominant Plant S ecie 1 lnipatienscaDensis Stratum Indicator herb FACW Dominant Plant Species Stratum Indicator 9 2 Populous delloides tree FAC+ 10 3 Salts niQra tree OBL 11 4 ;Ificrostc,ziuni vintineum herb FAC+ 12 5.lcerrubnmz tree FAC 13 6 Carpinus caroliniana tree FAC' 14 7 Liquidambarsttiracillua tree FAC+ 15 8 16 Percent of Dominant Species that are OBL, FACW or FAC 100% Remarks: All of the dominant plant species are FAC or wetter . HYDROLOGY Recorded Data (Describe in remarks): Stream, Lake or Tide Gauge Aerial Photographs Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: Inundated - Saturated in Upper 12 Inches Water Marks Drift Lines Field Observations: Sediment Deposits (on leaves) Drainage Patterns in Wetlands Depth of Surface Water: N/A (in.) _ Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches Depth to Free Water in Pit: N/A (in.) _ Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: <12 (in.) -? FAC-Neutral Test Other (Explain in Remarks) Remarks: Indicators of wetland livdrology are present. Routine Cn-Site Data Forms Pa?`e 1 O? 11/23/2005 SCILS Map Unit Name (Series and Phase): V,1nce sand' loam, 8 to 1 percent slopes Drainage Class well-drained Field Observations Taxonomy (Subgroup): thermic Tvnic Haplndnits Confirm Mapped Type? Ye No Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (_Munsell Moistl (Munsell Moist) Abundance/Contrast Structure, etc. 0-12 B 5YR 4/2 5YR 4/6 Many/ Distinct silt loam Histosol Concretions Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed on Local Hydric Soils List (Inclusions) Reducing Conditions Listed on National Hydric Soils List Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks: Indicators of hvdric soils are present. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No (Circle Wetland Hydrology Present? Yes No (Circle) Hydric Soils Present? Ye No Is this Sampling Point Within a Wetland? Yes No Remarks: Approved by HCUSACE Z'92 Routine On-Site Data Fcrms 'acre Oi 11123/2005 ,A 5TA7p 4A? North Carolina Department of Cultural Resources State Historic Preservation Office Peter B. Sandbeek, Administrator Michael F. Easley, Govemor Lisbeth C. Evans, Secretary Jeffrey J. Crow, Deputy Secretary December 7, 2005 Matt Jenkins Carolina Wetland Services 550 E Westinghouse Blvd. Charlotte, NC 25273 Re: Construction of 9,500 foot sewer line, C-MU Caldwell Annex, Charlotte, Mecklenburg County, ER 05-2743 Dear Mr. Jenkins: Thank you for your letter of November 10, 2005, concerning the above project. Office of Archives and Ilistory Division of Historical Resources David Brook, Director We have conducted a review of the project and are aware of no historic resources that would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. A Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. In all future communication concerning this project, please cite the above-referenced tracking number. Sincerely, teeter Sandbeck ?J Location Mailing Address Telephone/Fax ADMINISTRATION Sol N. Blount Street, Raleigh NC 4617 Mail Service Center, Raleigh NC 27699-4617 (919)733-4763/733-8653 RESTORATION 515 N. Blount Street, Raleigh NC 4617 %lad Service Center, Raleigh NC 27699-4617 (919) 733-6547/715-4801 SURVEY & PLANNING 515 N. Blount Street, Raleigh, NC 4617 Mail Service Center, Raleigh NC 27699-4617 (919)733-6545/715-4801 North Carolina Department of Environment and Natural Resources Michael F. Easley, Govemor November 22, 200 Mr. Matt L. Jenkins Carolina Wetland Services 550 E. Westinghouse Blvd. Charlotte, NC 28273 William G. Ross Jr., Secretary Subject: CMU Caldwell Annex- Sewerline Construction; Charlotte, Mecklenburg County CWS Project No. 200-1224 Dear Mr. Jenkins: The Natural Heritage Program has no record of rare species, significant natural communities, or priority natural areas at the site nor within a mile of the project area. (Technically, there is a 19th Century record of the Federally Endangered Carolina heelsplitter [Lasmigona decorata] from a creek less than a mile away. However, that population has long been considered as extirpated.) Although our maps do not show records of such natural heritage elements in the project area, it does not necessarily mean that they are not present. It may simply mean that the area has not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field surveys, particularly if the project area contains suitable habitat for rare species, significant natural communities, or priority natural areas. You may wish to check the Natural Heritage Program database website at <www.ncsparks.net/nlip/search.html> for a listing of rare plants and animals and significant natural communities in the county and on the topographic quad map. Please do not hesitate to contact me at 919-715-8697 if you have questions or need further information. Sincerely, Harry E. LeGrand, Jr., Zoologist Natural Heritage Program HEL/hel 1601 Mail Service Center, Raleigh, Ncrth Cardina 276G9-1601 On?CalGLln3 Fhcne: G19-733-4984 FA`s 919-715-6060 Internet rrArri.enr.state. nc.us 'VV,??' J An Ecual Ccccrt? rit•i • A ra5ve Ac;lcn cmclcvEr -.-'O % Rec/cled 1 10 °o Pcst Ccnsumer Paper li r CMU Caldwell Annex January 2, 2006 Nationwide Permit No 12 Proiect No. 2005-1224 Photograph A. View of Perennial Stream A, facing downstream. Photograph B. View of Perennial Stream C and adjacent Wetland JJ, facing south. CMU Caldwell Annex January 2, 2006 Nationwide Permit No 12 Project No. 2005-1224 Photograph C. View of Wetland BB, facing north. .I Photograph D. View of woodland edge habitat, facing north.