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HomeMy WebLinkAbout20051497 Ver 2_401 Application_200907211.1 i 1 CWS Carolina Wetland Services, Inc. 550 East Westinghouse Boulevard Charlotte, NC 28273 704-527-1177 - Phone 704-527-1133 - Fax Date: 7-17-09 CWS Project 2008-2223 TO: Ms. Cyndi Karoly N.C. Division of Water Quality 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 ?$AIID LETTER OF TRANSMITTAL WE ARE SENDING YOU: ®Ataached ?Under separate cover via the following items: ? Prints ? Plans ? JD Package ? Specifications ? Copy of letter ? Change order ? Wetland Survey ® Other II' LNULUNUKhN AKh NUI AN NUILD. KINDLY NUM' Y UN Al UNUh 1 7/17/09 6 McAlpine Creek Enviornmental Restoration Project NWP 3, 27, and 33 and WQC Nos. 3687, 3689, and 3688 application 2 7/17/09 1 Application fee check ($570) THESE ARE TRANSMITTED as checked below: ?For approval ?Approved as submitted ?Resubmit copies for approval ®For your use ?Approved as noted ?Submit copies for distribution ?As requested ?Returned for corrections ?Return corrected prints ?For review and comment ?For your verification and signature REMARKS: Cyndi, Please find attached permit application and application fee for the McAlpine Creek Environmental Restoration Project in Charlotte, NC. Pease do not hesitate to contact me if you have any questions or comments regarding this Copy to: File 4 9@0 V/a Thank you, 0 4a JUL 2 1 2009 DENR WATER QUALITY $mas Blackwell WEtLANDSANDSTORMNATERBRMCH Project Scientist NORTH CAROLINA • SOUTH CAROLINA • NEW YORK ?, Charlotte-Mecklenburg STORM 600 E. Fourth Street _?....- .:WATER Charlotte, NC 28202 Fax 704.336.6586 Services July 16, 2009 Ms. Cyndi Karoly North Carolina Division of Water Quality 401/Wetlands Unit Mail Service Center 1650 Raleigh, NC 27699-1650 Subject: McAlpine Creek Environmental Restoration Project Permitting City of Charlotte Umbrella Stream and Wetland Mitigation Bank Charlotte, North Carolina Dear Ms. Karoly: Please find attached a Nationwide Permit application for the McAlpine Creek Environmental Restoration Project located between Providence Road and Sardis Road in Charlotte, North Carolina. This is a joint project between Charlotte-Mecklenburg Storm Water Services and Mecklenburg Park and Recreation that will improve aquatic resource functions in the main stem of McAlpine Creek and its tributaries as well as provide recreation opportunities to nearby residents. We anticipate that this project will generate stream mitigation credits which will be applied to the City of Charlotte Umbrella Stream and Wetland Mitigation Bank (Umbrella Bank). A final Site Specific Mitigation Plan (SSMP) for this project will be submitted to the Interagency Review Team under a separate cover. The SSMP will set out the number and type of credits which will be applied to the Umbrella Bank. No credits are being requested at this time. Please do not hesitate to contact me at 704-432-0966 or ikarl@charlottene.gov should you have any questions or comments regarding this project. Sincerely, Jarrod Karl Mitigation Administrator Attachments: Nationwide Permit Application • To report pollution or drainage problems, call: 311 http://stormwater.charmeck.org (31ARIHMI 0. i L CWS Carolina Wetland Services July 16, 2009 Ms. Amanda Jones U.S. Army Corps of Engineers 151 Patton Avenue Asheville, NC 28801 550 E WESTINGHOUSE BLVD. CHARLOTTE, NC 28273 866-527-1177 (office) 704-527-1133 (fax) Subject: Pre-Construction Notification Pursuant to Nationwide Permit Nos. 3, 27, and 33 and Water Quality Certification Nos. 3687, 3689, and 3688 McAlpine Creek Environmental Restoration Project Charlotte, North Carolina Carolina Wetland Services Project No. 2008-2223 The McApline Creek Environmental Restoration Project is located along approximately 5,200 linear feet of McAlpine Creek from Sardis Road to Providence Road (NC-16) in Charlotte, North Carolina (USGS Site Map, enclosed). The purpose of this project is to restore the geomorphic stability and enhance the aquatic habitat of this reach of McAlpine Creek and adjacent tributaries. McKim & Creed has contracted Carolina Wetland Services, Inc. (CWS) to provide Section 404/401 permitting services for this project. Applicant Name: Mecklenburg County Land Use & Environmental Services Agency (LUESA) Contact Name: Mr. Jimmy Gordon Mailing Address: 700 North Tryon Street, Charlotte, NC 28202 Phone Number of Owner/Applicant: 704-336-3871 Street Address of Project: McAlpine Creek between Sardis Road and Providence Road Waterway: UT's to McAlpine Creek and McAlpine Creek Basin: Catawba (HU# 03050103) City: Charlotte County: Mecklenburg Decimal Degree Coordinate Location of Project Site: N35.13230°, W80.77371 ° USGS Quadrangle Name: Charlotte East and Weddington, NC 1991 and 1988 respectively Current Land Use The current land use for the project area consists primarily of wooded floodplain with adjacent residential areas and mowed lawns. Dominant vegetation within the project area consists of sweetgum (Liquidambar styracii lua), box elder (Acer negundo), green ash (Fraxinus pennsylvanica), sycamore (Platanus occidentalis), tulip poplar (Liriodendron tulipifera), Chinese privet (Ligustrum sinense), and poison ivy (Toxicodendron radicans). According to the Soil Survey of Mecklenburg County, on-site soils consist of Cecil sandy clay loam (Ce132), Wilkes loam (WkE and WkD), and Monacan loam (MO). Cecil and Wilkes soils are well-drained, while Monacan soils are somewhat poorly-drained. Monacan soils are listed by the NRCS as soils with hydric inclusions for Mecklenburg County/. 1 United States Department of Agriculture, 1971. Soil Survey of Mecklenburg County, North Carolina. z NRCS Hydric Soils of North Carolina, December 15, 1995. NORTH CAROLINA • SOUTH CAROLINA WWW.CWS-INC.NET McAlpine Creek Environmental Restoration July 16, 2009 Nationwide Permit Nos. 3. 27, and 33 CWS Proiect No. 2008-2223 Jurisdictional Delineation On May 21, 2008, August 12 and 14, 2008, and April 29, 2009 scientists from CWS 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 five jurisdictional wetland areas located within the project area (Wetlands AA-EE). Routine On-Site Data Forms representative of Wetlands AA - EE and adjacent upland areas are enclosed (DPI - DP7). Jurisdictional stream channels were classified according to recent North Carolina Division of Water Quality (NCDWQ)', USACE, and U.S. Environmental Protection Agency (USEPA) guidance. NCDWQ Stream Classification Forms and USACE Stream Quality Assessment Worksheets representative of Streams A - D have been enclosed (SCP1 - SCP4). NCDWQ Stream Classification Forms representative of non jurisdictional features have also been enclosed (SCP5 and SCP6) and a USACE Approved Jurisdictional Determination Form has been included for Stream A. The results of the on-site field investigation conducted by CWS indicate that there are four jurisdictional stream channels (Streams A, B, C (McAlpine Creek), and D), five jurisdictional wetland areas (Wetlands AA - EE), and one jurisdictional open water area (Pond FF) located within the project area (Figure 1, enclosed). On-site jurisdictional waters include McAlpine Creek and unnamed tributaries to McAlpine Creek. McAlpine Creek is within the Catawba River basin (HU # 030501035) and is rated "Class C waters" by the NCDWQ. Linear footage and acreage of on-site jurisdictional waters are summarized in Table 1, below. Table 1. On-Site Jurisdictional Waters Jurisdiction SCP NCDWQ USACE Approx. A r x Jurisdictional Feature USACE/EPA Rfl anos p Classification Intermittentl Perennial No./ DP No. Stream Classification Score Stream Assessment Score Length Linear Feet (1n pp . o Acreage (ac) Stream A Seasonal RPW Important Intermittent SCP1 28 37 395 0.08 Stream B Perennial RPW Perennial SCP2 36.5 53 2,195 0.23 Stream C (McAlpine Creek) Perennial RPW Perennial SCP3 51 61 5,268 2.72 Stream D Perennial RPW Perennial SCP4 40 50 646 0.26 Channel Subtotal: 8,504 3.29 Wetland AA Adjacent to Perennial RPW DP3 N/A N/A N/A 0.34 Wetland BB Adjacent to Perennial RPW DP3 N/A N/A N/A 0.11 Wetland CC Adjacent to Perennial RPW DP5 N/A N/A N/A 1.32 Wetland DD Adjacent to Perennial RPW DP4 N/A N/A N/A 0.55 Wetland EE Adjacent to Perennial RPW DP7 N/A N/A N/A 0.06 Wetland Subtotal: N/A 2.38 Pond FF Adjacent to Perennial RPW N/A N/A N/A N/A 1.56 Open Water Subtotal: N/A 1.56 On-Site Total: 8,504 7.23 3 Environmental Laboratory. "Corps of Engineers Wetlands Delineation Manual," Technical Report Y-87-1, US Army 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. Hydrologic Unit Map, State of North Carolina. U.S. Geological Survey. 1974. 2 McAlpine Creek Environmental Restoration July 16, 2009 Nationwide Permit Nos. 3, 27, and 33 CWS Project No. 2008-2223 Intermittent Streams Stream A is approximately 395 linear feet in length (Figure 1, enclosed). Stream A was evaluated to be an important intermittent stream and exhibited a strong bed and banks, average ordinary high water widths of 8-10 feet, weak to moderate flow during drought conditions, and substrate consisting of silt, coarse sand, gravel and cobbles. Biological sampling within this portion of Stream A resulted in a weak presence of amphibians. Due to the evidence of flow for at least three consecutive months a year, this portion of Stream A was classified as a Seasonal Relatively Permanent Water (RPW) according to USACE/EPA guidance. Important Intermittent Seasonal RPW Stream A scored 37 out of a possible 100 points on the USACE Stream Quality Assessment Worksheet and 28 out of a possible 71 points on the NCDWQ Stream Classification Form, indicating intermittent status (SCP1, enclosed). A representative photograph of Important Intermittent Seasonal RPW Stream A is enclosed as Photograph A. Perennial Streams Stream B is approximately 2,195 linear feet in length (Figure 1, enclosed). Stream B was evaluated to be perennial and exhibited strong bed and banks, average ordinary high water widths of 3-6 feet, moderate flow during drought conditions, and substrate consisting of silt, coarse sand, gravel and cobbles. Biological sampling within this portion of Stream B resulted in a weak presence of crayfish and macrobenthic invertebrates. Due to the evidence of typical year round flow, Stream B was classified as a relatively permanent water (RPW) according to USACE/EPA guidance. Perennial RPW Stream B scored 53 out of a possible 100 points on the USACE Stream Quality Assessment Worksheet and scored 36.5 out of 71 possible points on the NCDWQ Stream Classification Form, indicating perennial status (SCP2, enclosed). Stream C (McAlpine Creek) is approximately 5,268 linear feet in length (Figure 1, enclosed). Stream C was evaluated to be perennial and exhibited a strong bed and bank, strong riffle-pool sequences, average ordinary high water widths of 15-30 feet, strong flow during drought conditions, and substrate consisting of silt to medium gravel with a few larger cobbles and boulders. Biological sampling within Stream C resulted in a strong presence of crayfish, fish, amphibians, and macrobenthic invertebrates. Stream C also had a moderate presence of filamentous algae and iron oxidizing bacteria. Due to the evidence of typical year round flow, Stream C was classified as a relatively permanent water (RPW) according to USACE/EPA guidance. Perennial RPW Stream C scored 61 out of a possible 100 points on the USACE Stream Quality Assessment Worksheet and scored 51 out of 71 possible points on the NCDWQ Stream Classification Form, indicating perennial status (SCP3, enclosed). Stream D is approximately 646 linear feet in length (Figure 1, enclosed). Stream D was evaluated to be perennial and exhibited strong bed and banks, average ordinary high water widths of 15-20 feet, moderate flow during drought conditions, and substrate consisting of silt, coarse sand, gravel and cobbles. Biological sampling within this portion of Stream D resulted in a moderate presence of crayfish and amphibians and a weak presence of fish and macrobenthic invertebrates. Due to the evidence of typical year round flow, Stream D was classified as a relatively permanent water (RPW) according to USACE/EPA guidance. Perennial RPW Stream D scored 50 out of a possible 100 points on the USACE Stream Quality Assessment Worksheet and scored 40 out of 71 possible points on the NCDWQ Stream Classification Form, indicating perennial status (SCP4, enclosed). A photograph of Perennial RPW Stream D is enclosed as Photograph B. McAlpine Creek Environmental Restoration July 16, 2009 Nationwide Permit Nos. 3. 27, and 33 CWS Protect No. 2008-2223 Wetlands Wetlands AA (approximately 0.34 acres) and BB (approximately 0.11 acres) are located in the central portion of the project area on the southern side of McAlpine Creek within the floodplain (Figure 1, enclosed). These forested wetland areas are hydrologically connected to McAlpine Creek. Dominant vegetation within this area includes green ash (Fmxinus pennsylvanica), box elder (Acer negundo), red maple (Acer rubrum), and lurid sedge (Carex lurida). These wetland areas exhibited low chroma soils (10 YR 6/1), many distinct mottles (7.5YR 5/6), water stained leaves, and saturation within the upper 12 inches of the soil profile. A Routine On-Site Determination Form representative of Wetland AA and BB is enclosed (DP3). A photograph of Wetland AA is enclosed as Photograph C. Wetland CC (approximately 1.32 acres) is located in the western portion of the project area on the northern side of McAlpine Creek within the floodplain (Figure 1, enclosed). This forested wetland area is hydrologically connected to McAlpine Creek. Dominant vegetation within this area includes green ash, box elder, poison ivy (Toxicodendron radicans), green arrow arum (Peltandra virginica), and lurid sedge. This wetland area exhibited low chroma soils (10 YR 5/2), many distinct mottles (7.5YR 4/6), drift lines, standing water, water marks, sediment deposits, drainage patterns, and saturation within the upper 12 inches of the soil profile. A Routine On-Site Determination Form representative of Wetland CC is enclosed (DP5). A photograph of Wetland CC is enclosed as Photograph D. Wetland DD (approximately 0.55 acres on-site) is located in the central portion of the project area on the southern side of McAlpine Creek within the floodplain (Figure 1, enclosed). The majority of Wetland DD is located off-site. This forested wetland area is hydrologically connected to McAlpine Creek. Dominant vegetation within this area includes green ash, box elder, red maple, slippery elm (Ulmus rubra), fringed sedge (Carex crinita) and lurid sedge. This wetland area exhibited water stained leaves, saturation to the surface of the soil profile, and inundation in some areas. A Routine On-Site Determination Form representative of Wetland DD is enclosed (DP4). A photograph of Wetland DD is enclosed as Photograph E. Wetland EE (approximately 0.06 acre) is located in the western portion of the project area on the southern side of McAlpine Creek within the floodplain (Figure 1, enclosed). This forested wetland area is hydrologically connected to McAlpine Creek. Dominant vegetation within this area includes green ash (Fraxinus pennsylvanica), box elder (Acer negundo), sweetgum (Liquidambar styraciua)), slippery elm, fringed sedge (Carex crinita), lurid sedge, and poison ivy. This wetland area exhibited drift lines, sediment deposits on leaves, water stained leaves, and wetland drainage patterns. A Routine On-Site Determination Form representative of Wetland EE is enclosed (DP7). A photograph of Wetland EE is enclosed as Photograph F. Open Water Areas Pond FF (approximately 1.56 acres) is located on the northern side of McAlpine Creek (Figure 1, enclosed). Pond FF is a man-made pond serving as a storm water detention pond for an apartment complex. Pond FF has a hydrological connection to Wetland CC. Non-Jurisdictional Features Additional drainage features are located to the south of McAlpine Creek and were investigated during the field survey. These features both displayed a discontinuous bed and bank. These features were determined to be non jurisdictional ephemeral drains and scored 7.5 and 13.25 out of a possible 71 points on the NCDWQ Stream Classification Form, indicating non jurisdictional ephemeral status (SCP5 and SCP6). Representative photographs of these non jurisdictional drains are enclosed as Photographs G and H. 4 McAlpine Creek Environmental Restoration July 16, 2009 Nationwide Permit Nos. 3. 27, and 33 CWS Project No. 2008-2223 Routine On-Site Data Forms representative non- jurisdictional upland areas have been enclosed (DP 1, DP2, and DP6). Agency Correspondence Cultural Resources A letter was forwarded to the State Historic Preservation Office (SHPO) on June 9, 2008 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 July 21, 2008 (enclosed), the 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 June 9, 2008 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 June 18, 2008 (enclosed), the NCNHP stated that they have "no record of rare species, significant natural communities, significant natural heritage areas, or conservation/managed areas at the site nor within a mile of the project area." Purpose and Need for the Project The main stem of McAlpine Creek between Sardis Road and Providence road is deeply incised, and has been dredged and straightened in the past. It has characteristics of an `improved' storm drainage channel, particularly in the upper part of the stream near Sardis Road. This portion of the mainstem has virtually no sinuosity, pattern or definable pools and all riffles are heavily embedded with sand and silt. Banks average 90 degrees or more and are mostly denuded. About halfway between Sardis and Providence Roads (proposed stream station 32+00) the stream does meander slightly and steepens, which has exposed some bedrock. The quality of the riffle substrate, riffle/pool patterns, etc. are still poor along this reach but superior to the upstream portion. The purpose of this project is to conduct stream restoration and enhancement on McAlpine Creek and two unnamed tributaries to McAlpine Creek (SR2 and SR3) which are also in degraded condition. The primary goals of this stream restoration are: (1) to improve water quality by reducing total suspended solids (TSS) and nutrient loading; and (2) lessen structural flooding downstream by creating more geomorphologically stable channels throughout the project area while improving and restoring their hydrologic connection to their floodplains. In addition, the project will restore aquatic and terrestrial habitat and enhance recreational and educational opportunities as well as provide flood water storage and create mitigation credits. Wetland construction will also be conducted on the floodplain of McAlpine Creek with the purpose of improving water quality. Temporary impacts to on-site jurisdictional waters are necessary to alleviate channel erosion and enhance aquatic habitat. Pond FF will be retrofitted as a multi-cell storm water treatment wetland. In addition to providing improved storm water treatment this will result in improved habitat diversity and quality. A greenway trail adjacent to McAlpine Creek is planned for the future. Construction of this greenway trail is dependent on the completion of the McAlpine Creek relief sewer. Construction is not anticipated for the next two years. Therefore any necessary permits will be applied for at that time. McAlpine Creek Environmental Restoration July 16, 2009 Nationwide Permit Nos. 3. 27, and 33 CWS Project No. 2008-2223 Avoidance and Minimization Impacts to on-site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. Restoration work will result in an improvement in stream stability and ecological function. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. All channel work will be constructed in the dry in accordance with Water Quality Certification No. 3689. Proposed Impacts to Jurisdictional Waters Unavoidable impacts to Important Intermittent Seasonal RPW Stream A total approximately 395 linear feet and are the result of a Priority 1 Stream Restoration. Intermittent Stream A will be relocated to a new geomorphically stable channel as shown in Plan Sheet SR34 (attached). The proposed new stream channel is approximately 370 linear feet in length, resulting in a net loss of 25 linear feet of intermittent stream channel. The proposed new stream channel will result in significant improvements in the quality of Intermittent Stream A. The existing channel is a deeply incised Rosgen type `G' channel that is experiencing moderate to severe erosion. The proposed new channel will exhibit improved floodplain access and improved sinuosity. In-stream structures and constructed riffles will increase stream habitat diversity and improve channel stability, resulting in a high level of functional lift throughout the reach. A plan view, longitudinal profile, and typical cross-sections of the proposed new channel are shown on Plan Sheet SR34 (attached). Unavoidable impacts to Perennial RPW Stream B total approximately 2,060 linear feet and are the result of stream restoration. A new geomorphically stable channel is proposed for Perennial Stream B. The proposed new stream channel is approximately 2,235 linear feet in length, resulting in a net gain of 175 linear feet of perennial stream channel (Plan Sheets SR2-5 and SR2-6, attached). The proposed new stream channel will result in significant improvements in the stability and ecological function of Perennial Stream B. The proposed new channel exhibits improved channel dimension, pattern, and profile. Habitat enhancement will be based on profile and dimension changes to improve pool depth, riffle/pool ratio and reduce riffle embeddedness. Root wads and wood J-hooks are meant to introduce large woody debris (I") permanently in this stream. In-stream structures and constructed riffles will increase stream habitat diversity and improve channel stability, resulting in a high level of functional lift throughout the reach. Plan views, longitudinal profiles, and typical cross-sections of the proposed new channel are shown on Plan Sheets SR2-1 to SR2-7 (attached). Unavoidable impacts to Perennial RPW Stream C (McAlpine Creek) total approximately 5,148 linear feet and are the result of stream restoration. A new geomorphically stable channel is proposed for Perennial Stream A. The proposed new stream channel is approximately 5,322 linear feet in length, resulting in a net gain of 174 linear feet of perennial stream channel (Plan Sheets MS-1 to MS-10, attached). The proposed new stream channel will result in significant improvements in the stability and ecological function of Perennial Stream C (McAlpine Creek). The proposed new channel will exhibit improved channel dimension and profile. Habitat enhancement on McAlpine Creek will be through the use of sills installed to increase scour holes and pool areas (as is the case under current conditions where tree stumps exists at the toe of slope). These sills will also promote inner berm bar growth and riffle creation. Live stakes and other vegetative installations at the toe of slope will also trap floatable vegetative material, particularly leaves which will provide better benthic feeding sources. Plan views, longitudinal profiles, and typical cross-sections of the proposed new channel are shown on Plan Sheets MS-1 to MS-17 (attached). The conversion of Pond FF to a multi-cell wetland will result in no net loss of jurisdictional area. Approximately 1.56 acres of low quality open water will be temporarily impacted. There is an unavoidable impact of 0.007 acre to Wetland CC. This impact is the result of the installation of a new 6 McAlpine Creek Environmental Restoration July 16, 2009 Nationwide Permit Nos. 3. 27, and 33 CWS Project No 2008-2223 rip-rap lined plunge pool at the pond outlet. Proposed impacts to Pond FF and Wetland CC are shown on plan sheets SW4-1 to SW4-3 (attached) Table 2. Proposed Impacts to Jurisdictional Waters Jurisdiction Impact Proposed Jurisdictional Feature USACE/EPA Intermittent/ Impact Type NWP Len gth/ Proposed New Channel Channel ltapanos Perennial No. Area Length On Station Classification (lVacres) Numbers Stream A Seasonal RPW Important Priority 1 27 395 if 3701f 00+00 to (SR3) Intermittent Restoration 03+70 3001f 00+00 to Priority 2 03+00 27 2901f Restoration 00+00 to Stream B Perennial RPW Perennial 1751f F 01+75 (SR2) Priori 2 03+00 to Restora ion 27 4451f 4601f 07+60 Priority 1 27 1 3251f 1 4751f 07+60 to Restoration , , 22+35 Stream C (McAlpine Creek - Mai Perennial RPW Perennial Priority 3 27 5,148 if 5,322 If 00+00 to n Restoration 53+22 Stem) Wetland CC N/A N/A Rip-Rap 3 0.007 acre N/A N/A Pond FF N/A N/A Enhancement 3 1.56 acre N/A N/A On behalf of LUESA, CWS is submitting a Pre-Construction Notification Application with attachments in accordance with Nationwide Permit General Condition No. 27 and pursuant to Nationwide Permit (NWP) Nos. 3, 27 and 33, (enclosed). Compensatory Mitigation Construction of this project will result in a net increase in aquatic resource functions and values, and a net gain of 499 linear feet of jurisdictional stream channel. LUESA is seeking mitigation credit for this project to be included in the Charlotte Umbrella Stream and Wetland Mitigation Bank. Proposed mitigation credit yields for this project are set out in detail in the Site Specific Mitigation Plan which will be provided to the Mitigation Banking Review Team. McAlpine Creek Environmental Restoration July 16, 2009 Nationwide Permit Nos. 3. 27, and 33 CWS Project No 2008-2223 Please do not hesitate to contact Gregg Antemann at 704-527-1177 or gregg@cws-inc.net should you have any questions or comments regarding these findings. Sincerely, j&W mas J. Blackwell Project Scientist C. -- Gregg . Antemann, PWS Principal Scientist Enclosures: USGS 7.5' Charlotte East and Weddington, NC Topographic Quadrangle NRCS Mecklenburg County Soil Survey Figure 1. Approximate Jurisdictional Boundary Field Map Request for Jurisdictional Determination Form Pre-Construction Notification Pursuant to Nationwide Permit Nos. 3, 27, and 33 NCDWQ Stream Classification Form (SCPI - SCP6) USACE Stream Quality Assessment Worksheet (SCPI - SCP4) USACE Routine Wetland Determination Data Form (DPI - DP7) Approved Jurisdictional Determination Forms Representative Photographs (A - H) Agency Correspondence McAlpine Environmental Restoration Project - 90% Design Plans McAlpine Creek - Sardis Road to Providence Road -Site Specific Mitigation Plan cc: Ms. Cyndi Karoly, N.C. Division of Water Quality Mr. Mark Cantrell, U.S. Fish & Wildlife Service McAlpine Creek Environmental Restoration Project July 16, 2009 Nationwide Permit Nos. 3, 27, and 33 CWS Project Nos. 2008-2223 Image Courtesy of the U.S. Geological Survey 7.5 Minute Topographic Map Series. Charlotte East and Weddington Quadrangles. Notch Carolhil, Dated 1991 and 1999 RespectiN ely. Approximate Scale F = 2000 McAlpine Creek Environmental Restoration Project July 16, 2009 Nationwide Permit Nos. 3, 27, and 33 CWS Project Nos 2008-2223 Soil Survey Courtesy of the USDA-NRCS NRCS soil Sun ey of Mecklenburg Count. North Carolina. Sheet Nos. 7 and 12. Dated 1976. Approximate Scale F = 2000' .' c a 0 0(D 00 Z U) a N d m co 'C N (U > O a v ? U U) c E c m 4- m a) d CO to M a c a O ns m N 00 cn v a d N Z c a) a a) m w LL o ' } }-1 o ? •- Z' a 1 J/?? J ?S a _? O .c o c U 0) N U) ), .?_4 i 1, c fA `? 'C c U C (D m cm (p U) a N c r m x a N ` ° 'Fu m (n M IS2U3AO(I ' V c c cu r:+ a) o o 0 0 0 CL -C ?_ Q rn U o ?Z o ?Ci? W J _? N Y O 'c c to 0) N 0. a) m 2 C v c _0 a) -0 cu m z p O C2 N = L LI ul o O Z 0 cu H (n O C) - C d 0 co x w c? c Z c?i Lo 0 ti g ( / (, Lf) L > C o. ¦' U W °a J ?? p E ?j .`0c o c v v o \ _ ', J' z g Q Q 21 (1 C fl? /„rlrii/%%uU. .(1 w\ ,• w Or ' ?? j/ o J ? i?il N c o U) - PROVIDENCE - < 44- c a a o o If W* W L1. CA \-.r - O (A C6 U) N g? L )o Z<ui QOQ O Z W i ?oo?- WO} Wry ?coLij W O W N > LO W 0 W Z U- -Z 0cn W w \ > wU >= ¢w? J . IA ZZ~ 0 ui LLI J D Q Z , J O ly 0 I-U? ; O Z00? - 7=u 4- 1 N m LL ° . REQUEST FOR JURISDICTIONAL DETERMINATION DATE: July 16, 2009 COUNTY Mecklenburg County North Carolina TOTAL ACREAGE OF TRACT 55 acres PROJECT NAME (if applicable) McAlpine Creek Environmental Restoration Project PROPERTY OWNER/APPLICANT (name, address and phone): Mecklenburg County Land Use & Environmental Services Agency (LUESA) POC• Mr. Jimmy Gordon at (704) 336-3871 700 North Trvon Street Charlotte North Carolina 28202 NAME OF CONSULTANT, ENGINEER, DEVELOPER (if applicable): Carolina Wetland Services, Inc. POC: Mr. Gregg Antemann, PWS, at (704) 336-3871 550 East Westinghouse Boulevard Charlotte North Carolina 28273 STATUS OF PROJECT (check one): ( ) On-going site work for development purposes ( X ) Project in planning stages (Type of project: restoration, enhancement, and maintenance ) ( ) No specific development planned at present ( ) Project already completed (Type of project: 1 ADDITIONAL INFORMATION REQUIRED: Check items submitted - forward as much information as is available. At a minimum, the following fast two items must be forwarded. (X) USGS 7.5' Charlotte East and Weddington, NC Topographic Quadrangle (X) NRCS Mecklenburg County Soil Survey (X) Figure 1. Approximate Jurisdictional Boundary Field Map (X) Request for Jurisdictional Determination Form (X) Pre-Construction Notification Pursuant to Nationwide Permit Nos. 3, 27, and 33 (X) NCDWQ Stream Classification Form (SCPI - SCP6) (X) USACE Stream Quality Assessment Worksheet (SCP1- SCP4) (X) Approved Jurisdictional Detennination Form (SCP 1 - SCP4) (X) USACE Routine Wetland Determination Data Form (DP I - DP7) (X) Representative Photographs (A - H) (X) Agency Correspondence (X) McAlpine Environmental Restoration Project - 90% Design Plans (X) Site Specific Mitigation Plan C -- Signature of Property Owner or Authorized Authorized Agent Mr. Gregg C. Antemann D5 -1 0-1 v ? O?O? W AT?9QG P 'C Office Use Only: Corps action ID no. DWQ project no. Form Version 1.0 November 2008 Pre-Construction Notification (PCN) Form A. At4 Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ® Section 404 Permit ? Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 3, 27, and 33 or General Permit (GP) number: Water Quality Certification Nos. 3687, 3689, 3688 1 c. Has the NWP or GP number been verified by the Corps? ? Yes ® No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ? Yes ® No For the record only for Corps Permit: ? Yes ® No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ? Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ? Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: McAlpine Creek Environmental Restoration 2b. County: Mecklenburg 2c. Nearest municipality / town: Charlotte 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name on Recorded Deed: N/A 3b. Deed Book and Page No. N/A 3c. Responsible Party (for LLC if applicable): N/A 3d. Street address: N/A 3e. City, state, zip: Charlotte, NC, 28270 3f. Telephone no.: N/A 3g. Fax no.: N/A 3h. Email address: N/A Page 1 of 13 PCN Form - Version 1.0 November 2008 Version Section A. Applicant Information, continued 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ® Other, specify: Mecklenburg County 4b. Name: Mr. Jimmy Gordon 4c. Business name (if applicable): Mecklenburg County Land Use & Environmental Service Agency (LUESA) 4d. Street address: 700 North Tryon Street 4e. City, state, zip: Charlotte, North Carolina, 28202 4f. Telephone no.: 704-336-3871 4g. Fax no.: 704-336-6586 4h. Email address: James.Gordon@MecklenburgCountyNC.gov 5. Agent/Consultant Information (if applicable) 5a. Name: Mr. Gregg C. Antemann, PWS 5b. Business name (if applicable): Carolina Wetland Services, Inc. 5c. Street address: 550 East Westinghouse Boulevard 5d. City, state, zip: Charlotte, North Carolina, 28273 5e. Telephone no.: (704) 527-1177 5f. Fax no.: (704) 527-1133 5g. Email address: gregg@cws-inc.net Page 2 of 13 PCN Form - November 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): N/A (multiple) 1 b. Site coordinates (in decimal degrees): 35.13230`N - 80.77371'W 1 c. Property size: 55 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to McAlpine Creek proposed project: 2b. Water Quality Classification of nearest receiving water: Class C 2c. River basin: Catawba 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The current land use for the project area is wooded with adjacent residential areas with mowed lawns. 3b. List the total estimated acreage of all existing wetlands on the property: 2.38 acres (wetland) and 1.56 acres (Pond) = 3.94 acres total 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 8,504 3d. Explain the purpose of the proposed project: The purpose of this project is to conduct stream restoration and enhancement on McAlpine Creek and two unnamed tributaries to McAlpine Creek (Stream A and Stream B) which are also in degraded condition. The primary goals of this stream restoration are (1) to improve water quality by reducing total suspended solids (TSS) and nutrient loading and (2) lessen structural flooding downstream by creating more geomorphologically stable channels throughout the project area while improving and restoring their hydrologic connection to their floodplains. In addition, the project will restore aquatic and terrestrial habitat and enhance recreational and educational opportunities as well as provide flood water storage and create mitigation credit. Wetland construction will also be conducted on the floodplain of McAlpine Creek with the purpose of improving water quality. Temporary impacts to on-site jurisdictional waters are necessary to alleviate channel erosion and enhance aquatic habitat. Pond FF will be retrofitted as a multi-cell storm water treatment wetland. In addition to providing improved storm water treatment this will result in improved habitat diversity and quality. A greenway trail adjacent to McAlpine Creek is planned for the future. Construction of this greenway trail is a separate project, and is dependent on the completion of the McAlpine Creek relief sewer. Construction is not anticipated for the next two years. Therefore any necessary permits will be applied for at that time. 3e. Describe the overall project in detail, including the type of equipment to be used: McAlpine Creek and the two unnamed tributaries to McAlpine Creek (Stream A and Stream B) will relocated to new geomorphically stable channels. The channels will have improved channel dimensions and profiles and will exibit improved floodplain access and sinuosity. The new channels will have in-stream structures and constructed riffles to increase stream habitat diversity and improve channel stability. Vernal pools will be created within the McAlpine Creek flood plain. Pond FF will be retrofitted as a multi-cell storm water treatment wetland. A trackhoe and other standard construction equipment will be used for this project. Page 3 of 13 PCN Form - Version 1.0 November 2008 Version B. Project Information and Prior Project History 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ? Yes ® No ? Unknown 4b. If the Corps made the jurisdictional determination, what type of determination was made? ? Preliminary ? Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): N/A Agency/Consultant Company: N/A Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. N/A 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ? Yes ® No ? Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ? Yes ® No 6b. If yes, explain. Page 4 of 13 PCN Form - November 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ® Streams - tributaries ? Buffers ® Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of Type of wetland Forested (Corps - 404, Area of impact (acres) Permanent (P) or impact (if known) DWQ - non-404, other) Temporary T W1 ® P ? T Rip-Rap Forested ® Yes ? No ® Corps ? DWQ 0.007 W2 ? P ? T ? Yes ? No ? Corps ? DWQ W3 ? P ? T ? Yes ? No Corps ? DWQ W4 ? P ? T ? Yes ? No ? Corps ? DWQ W5 ? P ? T ? Yes ? No ? Corps ? DWQ W6 ? P ? T ? Yes ? No ? Corps ? DWQ 2g. Total wetland impacts 0.007 2h. Comments: Impacts are to Wetland CC 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. Stream impact Type of Stream name Perennial (PER) or Average stream width (feet) Impact number - impact intermittent (INT)? length Permanent (P) or (linear feet) Temporary (T) Priority 1 Important S1 ®P ? T Restorat- Intermittent Seasonal RPW ? PER ® INT 9 395 ion Stream A S2 ® P ? T Priority 2 Restorat- Perennial RPW ® PER ? INT 4.5 735 ion Stream B S3 ® P ? T Priority 1 Restorat- Perennial RPW Stream B ® PER ? INT 4.5 1,325 ion Priority 3 Perennial RPW S4 ® P ? T Restorat- Steam C ® PER ? INT 22.5 5,148 ion (McAlpine Creek) S5 ? P ? T ? PER ? INT S6 ? P ? T ? PER ? INT 3g. Total stream and tributary impacts 7,603 3h. Comments: Page 5of13 PCN Form - Version 1.0 November 2008 Version C. Proposed Impacts Inventory, continued 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individual) list all o en water impacts below. 4a. 4b. 4c. 4d. 4e. Open water impact number Name of waterbody Type of impact Waterbody type Area of impact (acres) - Permanent (if (P) or applicable) Temporary T 01 ®P ? T Pond FF Maintenance Pond 1.56 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 1.56 4g. Comments: Page 6 of 13 PCN Form - November 2008 Version C. Proposed Impacts Inventory, continued 5. Pond or Lake Construction If and or lake construction pro osed, then complete the chart below. 5a. Pond ID 5b. Proposed use or 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) number purpose of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ? Yes ? No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation, then ou MUST fill out Section D of this form. 6a. Project is in which protected basin? ? Neuse ? Tar-Pamlico ? Other: ? Catawba ? Randleman 6b. Buffer impact number - Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 ?P?T ?Yes ?No B2 ? P ? T ? Yes ? No B3 ? P ? T ? Yes ? No 6h. Total buffer impacts 6i. Comments: Page 7 of 13 PCN Form - November 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts to on-site jurisdictional waters of the U.S. have been reduced to the maximum extent practicable. Restoration work will result in an improvement in stream stability and ecological function. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Proper sediment and erosion control measures will be used to minimize disturbances to downstream waters. All construction activities will be conducted in the dry. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes ® No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this pro project? ? Mitigation bank El Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: warm, cool, cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h.. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 8 of 13 PCN Form - Version 1.0 November 2008 Version D. Impact Justification and Mitigation, continued 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ? Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone Reason for impact Total impact (square feet) Multiplier Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 Total buffer mitigation required: 6c. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6d. Comments: Page 9 of 13 PCN Form - November 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ? Yes ® No 1 b. If yes, then is a diffuse flow plan included? ? Yes ? No 2. Determination if the Project Requires a Stormwater Management Plan 2a. Does the project require a Non-404 Jurisdictional General Permit? ? Yes ® No 2b. Is the project subject to General Certification 3704 or 3705? ? Yes ® No 3. Determination of Stormwater Review Jurisdiction 3a. Is this project subject to any of the following state-implemented stormwater management programs (check all that apply)? If so, attach one copy of the approval letter from the DWQ and one copy of the ? Coastal counties ? HQW ? ORW ? Session Law 2006-246 approved stormwater management plan. ? Other: 3b. In which local government's jurisdiction is this project? City of Charlotte 3c. Is this local government certified to implement a state stormwater program? ® Yes ? No If so, attach one copy of the approval letter from the local government and one copy of the approved stormwater management plan (or one copy of the approved Stormwater management plan stamped as approved). 4. Information Required for DWQ 401 Unit Stormwater Review 4a. What is the overall percent imperviousness according to the most current site plan? `24% - No change in impervious percent 4b. Does this project contain any areas that meet the criteria for "high density" per General Certifications 3704 and 3705? ? Yes ® No 4c. If the site is over 24% impervious and/or contains high density areas, then provide a brief narrative description of the stormwater management plan. 4d. Has a completed BMP Supplement Form with all required items been submitted for each stormwater BMP? ? Yes ® No Page 10 of 13 PCN Form - Version 1.0 November 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ® No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ? Yes ? No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ? Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. This project will not cause any additional development which will impact downstream water quality. 4. Sewage Disposal (DWQ Requirement) 4a. 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 Page 11 of 13 PCN Form -Version 1.0 November 2008 Version F. Supplementary Information, continued S. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or h bit t? ? Yes N a a o 5b. Have you checked with the USFWS concerning Endangered Species Act ? Y impacts? es No 5c. If yes, indicate the USFWS Field Office you have contacted ? Raleigh . ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A letter was forwarded to the North Carolina Natural Heritage Program (NCNHP) on June 9, 2008 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 June 18, 2008 (enclosed), the NCNHP stated that they have "no record of rare species , significant natural communities, significant natural heritage areas, or conservation/managed areas at the site nor within 1 mile of the project area." 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA Fisheries: http://sharpfin.nmfs.noaa.gov/website/EFH_Mapper/map.aspx 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in ? Yes No North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? A letter was forwarded to the State Historic Preservation Office (SHPO) on June 9, 2008 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 July 21, 2008 (enclosed), the SHPO stated that they "are aware of no historic resou th t e rces a would b affected by the project." 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ? No 8b. If yes, explain how project meets FEMA requirements: This project has been hydrologically modelled and designed to result in no net rise in flood level. The project engineer is coordinating with the local floodplain administrator. 8c. What source(s) did you use to make the floodplain determination? FEMA FIRM Map No. 37119C0228E and 37119C0248E Mr. Jimmy Gordon, PE Project Manager ' ?^ 6/18/09 Applicant/Agent's Printed Name Applic /t/Agent's Signature (Agent's sigi ature is valid my if an authorization letter from the applicant Date Page 12 of 13 PCN Form - November 2008 Version F. Supplementary Information, continued I I is provided.) Page 13 of 13 PCN Form - November 2008 Version North Carolina Division of Water Quality - Stream Identification. Form; Version 3.1 Date, 08/1412008 Project: McAlpine Creek Greenway Latitude: N35.132300 Evaluator mAT & .iCM site: SCP1 Longitude: $0.773710 Total Points: Other Intermittent RPW Stream A Stream Is at least intermitte'=.28.00 County: e.g. Quad Name: if>_ l2or erennlallf? 30 Mecklenburg Geomar hob (Subtotal = 1 ) A Absent lf4i- k Moderate Strong . Continuous bed and bank 3.0 1° 1 2 3 . 2.0 2. Sinuosity 0 1 2 3 - 3. In-channel structure: riffle-pool sequence 2.0 0 1 2 Soil texture or stream substrate sorting 1.0 4 0 -- - 1 --- 2 3 . Activeirelic floodplain 1.0 5 0 1 2 3 . 6. Depositional bars or benches 2.0 0 1 2 3 Braided channel 0.0 7 0 1 2 3 . Recent alluvial deposits 3.0 8 0 1 2 3 . 9` Natural levees 0.0 . _ 0 1 2 3 _._..... _.. 10. Headcuts 0.0 0 1 _....... 1 3 .._ ---........ 1 5 11. Grade controls 0.5 0 0.5 1 . 1 5 12. Natural valley or drainage\vay 0.5 0 0.5 . 13. Second or greater order channel on existin Yes = 3 USGS or NRCS map or other documented No = 0 a Man-made ditGttes are not rated: see discussions in manual c r 0. n lUl VIV o- - - - v.., 14. Groundwaterflovddischarge 1.0 3 15. Water in channel and y 48 hrs since rain, or 0 1 2 3 or growing season Water in channel- dry 1.0 _ 16. Leaflitter 1.0 1.5 1 0.5 0 17. Sediment on plants or debris l .0 0 0.5 1 1.5 18. Organic debris lines or piles (Wrack lines] 1.0 0 0.5 1 1.5 is t-lv{irirr snits fredoximorohic features} t?resent?1,5 No = 0 Yes= 1.5 _# _ c en L?. flu llJl? wull L_- -- V.JV 20 F brows roots in channel 2.0 3 -..? .- 2 _._._...._..-- _.._ 1 --- _.:.. 21 . Rooted plants in channel 3.0 3 -- 2 22. Crayfish 0.5 0.5 1 1.5 23. Bivalves 0.0 0 1 2 3 24, Fish 0.0 0 0.5 1 1.5 25. Amphibians 1.0 0 0.5 1 ,1.5 26. Macrobenthos (note diversity and abundance) 0.0 0 0.5 1 1.5 27. Filamentous algae; periphyton 0.0 _ 0 _ 1 2 3 28. iron oxidizing bacteriatfungus. 0.0 0 0.5 1 70t 1AlatlnmA nlnntc in ctrp:]rnhPri 0-00 FAC = 65: FACW = 0.75; O6L = 1.5 $RV = 2.0; other = 0 Items 20 and 21 focus on the presence of upland plants. Item 29 focuses on the presence of aquatic or wetland planls. Sketch: Motes: (use bad; side of this form for additional notes.) OFFICE USE ONLY: USACE AID# DWQ # SCP1- Intermittent RPW Stream A M STREAM QUALITY ASSESSMENT WORKSHEET ' 1. Applicant's Name: CSWS 2. Evaluator's Name: Josh Frost and Jamie MacMartin 3. Date of Evaluation: 8/14/08 4. Time of Evaluation: 2:00 pm 5. Name of Stream: UT to McAlpine Creek 6. River Basin: Catawba 7. Approximate Drainage Area: 25 acres 8. Stream Order: First 9. Length of Reach Evaluated: 1001f 10. County: Mecklenburg 11. Location of reach under evaluation (include nearby roads and landmarks): From Interstate 485 take the NC-51 N exit. Exit 64A and merge onto NC-51/Pineville-Matthews Road. Travel approximately 5.9 miles and turn left onto Providence Road (NC-16). Travel approximately 2.7 miles and turn right onto Sardis Lane Travel approximately 0.9 mile and turn right onto Sardis Road. Travel approximately 0.6 mile and turn right onto Old Bell Road. Travel approximately 195 feet and the parking lot for the site is on 12. Site Coordinates (if known): N35.13230 ° W80.77371° 13. Proposed Channel Work (if any): 14. Recent Weather Conditions: Currently sprinkling 15. Site conditions at time of visit: overcast 75 °F 16. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat -Trout Waters -Outstanding Resource Waters _ Nutrient Sensitive Waters -Water Supply Watershed (I-IV) 17. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area: 18. Does channel appear on USGS quad map? YES NO 19. Does channel appear on USDA Soil Survey? YES NO 20. Estimated Watershed Land Use: 90 % Residential % Commercial _% Industrial % Agricultural 10 % Forested _% Cleared / Logged _% Other 21. Bankfull Width: 8-10' 22. Bank Height (from bed to top of bank): 4-5' 23. Channel slope down center of stream: -Flat (0 to 2%) X Gentle (2 to 4%) -Moderate (4 to 10%) -Steep (> 10%) 24. Channel Sinuosity: Straight X Occasional Bends -Frequent Meander -Very Sinuous -Braided Channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 37 Comments: Evaluator's Signature G? G-,?? Date 8/14/08 This channel evaluation for is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data requireby the United States Army Corps of Engineers in order to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 05/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET SCP1 - Intermittent RPW Stream A ECOREG ION POINT RANGE C # CHARACTERISTICS Coastal Piedmont Mountain S ORE 1 Presence of flow / persistent pools in stream 0-5 0-4 0-5 3 (no flow or saturation = 0; strong flow = max points) 2 Evidence of past human alteration 0-6 0-5 0-5 1 (extensive alteration = 0; no alteration = max points) 3 Riparian zone 0-6 0-4 0-5 1 no buffer = 0; contiguous, wide buffer = max points) 4 Evidence of nutrient or chemical discharges 0-5 0-4 0-4 2 (extensive discharges = 0; no discharges = max oints) 5 Groundwater discharge 0-3 0-4 0-4 1 (no discharge = 0; springs, seeps, wetlands, etc. = max points) U 6 Presence of adjacent floodplain 0- 4 0- 4 0- 2 2 (no flood lain = 0; extensive flood lain = max points) Entrenchment / floodplain access 0- 5 0- 4 0- 2 1 a (deeply entrenched = 0; frequent flooding = max points) 8 Presence of adjacent wetlands j 0-6 0-4 0-2 0 acent wetlands = max points) (no wetlands = 0; large ad 9 Channel sinuosity 0-5 0-4 0-3 2 extensive channelization = 0; natural meander = max points) 10 Sediment input 0-5 0-4 0-4 1 (extensive de osition= 0; little or no sediment = max points) 11 Size & diversity of channel bed substrate NA* 0-4 0-5 2 fine, homogenous = 0; large, diverse sizes = max points) 12 Evidence of channel incision or widening 0-5 0-4 0-5 1 >+ (deeply incised = 0; stable bed & banks = max points) 13 Presence of major bank failures 0-5 0-5 0-5 1 (severe erosion = 0; no erosion, stable banks = max points) 14 Root depth and density on banks 0-3 0-4 0-5 2 E (no visible roots = 0; dense roots throughout = max points) 15 Impact by agriculture or livestock production 0-5 0-4 0-5 4 substantial impact =0; no evidence = max points) 16 Presence of riffle-pool/ripple-pool complexes 0-3 0-5 0-6 3 (no riffles/ripples or pools = 0; well-developed = max oints F 1 Habitat complexity 0-6 0-6 0-6 3 varied habitats = max points) little or no habitat = 0; frequent 18 , Canopy coverage over streambed 0-5 0-5 0-5 2 (no shading vegetation = 0; continuous canopy = max points) 19 Substrate embeddedness NA* 0-4 0-4 1 (deeply embedded = 0; loose structure = max) 20 Presence of stream invertebrates 0-4 0-5 0-5 0 >4 no evidence = 0; common, numerous types = max points) Cz? 21 Presence of amphibians 0-4 0-4 0-4 2 O no evidence = 0; common, numerous types = max points) a O 22 Presence of fish 0-4 0-4 0-4 0 (no evidence = 0; common, numerous types = max points) 23 Evidence of wildlife use 0-6 0-5 0-5 2 (no evidence = 0; abundant evidence = max points) Total Points Possible 100 100 100 TOTAL SCORE (also enter on first page) 37 * These characteristics are not assessed in coastal streams. North Carolina [division of Water Quality - Stream Identification Form; Version 3.1 Date: 48/12/2008 Project: McAlpine Creek Greenwa Latitude: N35.1320300 Evaluator:GCA Site: SCP2 Longitude: 80.773710 Total Points: Other. Perennial RPW Stream B sfream is at feast intatmitteat , ?.?? County: e.g. Quad Name: it? 19 or perennial if a 3t) Mecklenburg A. Georrior hold (Sul)total = 19. Absent . Weak Moderate Strong 1°- Continuous bed and bank 3.0 0 1 2 3 2. Sinuosity 2.0 _ 3. In-channel structure: riffle-pool sequence 2.0 0 1 2 3 4. Soil texture or stream substrate sorting 3.0 0 1 2 --......... 3 ........ -- 6. Activelrelicfloodplain 2.0 0 1 2 3 6. Depositional bars or benches 2.0 0 1 2 3 7. Braided channel 0.0 0 1 2 3 8. Recent alluvial deposits 2.0 0 1 2 3 9` Natural levees 0.4 0 - - 2 --...... .._. 10. Headcuts 0.0 0 .. 1 ._. ...... 2 3 -. _:.. _ _.. ... 11. Grade controls 1.5 0 0.5 1 1.5 12. hlatural valley or drainageway 1.5 0 0.5 1 1.5 13. Second or greater order channel on existing USGS or MRCS map or other documented No= O Yes = 3 evidence. 0.0 e Man-made ditches are not rated: see discussions in manual O Ll -41 nn?• lCe?hFn?al - 1fira 1 14. Groundwater flovddischarge 3.0 0 1 2 ____ 3 '15. Water in channel and > 48 his since rain. or _ Water in channel -- dry or grovpang season 3.0 16. Leaflitte€ 1.5 0 1.5 .._. 1 1 2 0.5 3 0 17. Sediment on plants or debris 0,5 0 0.5 1 1.5 18. Organic debris lines or piles (Wrack lines) 1.0 0 0.5 1 1.5 19. Hydric soils (redoximorphic features) present?1.5 No = 0 Yes =1.5 C, Biology . ) (Subtotal ..= 7.00 _ - 205. Fibrous roots in channel 3.0 3 2 1 0 2->ooted plants in ohannei 3.4 3 2 1 _..... 0 22. Crayfish 0.5 0 0.5 1 1.5 23. Bivalves 0.0 0 1 2 3 24. Fish 0.0 0 0.5 1 1.5 25. Amphibians 0.0 0 0.5 1 1.5 26. Macrobenthos (note diversity and abundance) 0.5 0 0.5 _ 1 1.5 27. Filamentous algae; periphyton 0.0 0 1 2 3 28. Iron oxidizing bacteria/fungus. 0.0 0 0.5 1 1.5 295. Wetland plants in streatnbed _ 0.40 FAC = Q 5; FA CW = 0.75; OB L = 1.5 SAV = 2.0; Other = 0 It.ms 20 an d 21 focus on the presence of upland plants. Item 29 focuses on the presence of aquatic or wetland plants. (dotes: (use back side of ibis form for additional notes.) Sketch: OFFICE USE ONLY: USACE AID# DWQ # SCP2 - Perennial RPW Stream B STREAM QUALITY ASSESSMENT WORKSHEET 1. Applicant's Name: CSWS 2. Evaluator's Name: Gregg Antemann 3. Date of Evaluation: 8/12/08 4. Time of Evaluation: 1:30 pm 5. Name of Stream: UT to McAlpine Creek 6. River Basin: Catawba 7. Approximate Drainage Area: 245 acres 8. Stream Order: First 9. Length of Reach Evaluated: 1001f 10. County: Mecklenburg 11. Location of reach under evaluation (include nearby roads and landmarks): From Interstate 485 take the NC-51 N exit, Exit 64A and merge onto NC-51/Pineville-Matthews Road. Travel approximately 5.9 miles and turn left onto Providence Road (NC-16). Travel approximately 2.7 miles and turn right onto Sardis Lane. Travel approximately 0.9 mile and turn rigbt onto Sardis Road. Travel approximately 0.6 mile and turn risht onto Old Bell Road. Travel approximately 195 feet and the parking lot for the site is on 12. Site Coordinates (if known): N35.13230 °, W80.77371° 13. Proposed Channel Work (if any): 14. Recent Weather Conditions: no rain in past 48 hours 15. Site conditions at time of visit: 85 degrees, sunny 16. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat -Trout Waters -Outstanding Resource Waters Nutrient Sensitive Waters -Water Supply Watershed (I-IV) 17. Is there a pond or lake located upstream of the evaluation point? (& NO If yes, estimate the water surface area: 1.1 acres 18. Does channel appear on USGS quad map? 0? NO 19. Does channel appear on USDA Soil Survey? (a? NO 20. Estimated Watershed Land Use: 30 % Residential % Commercial % Industrial _% Agricultural 70 % Forested % Cleared / Logged % Other 21. Bankfull Width: 3-6' 22. Bank Height (from bed to top of bank): 2-6' 23. Channel slope down center of stream: -Flat (0 to 2%) _K _Gentle (2 to 4%) -Moderate (4 to 10%) -Steep (>10%) 24. Channel Sinuosity: Straight _X _Occasional Bends -Frequent Meander -Very Sinuous -Braided Channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 53 Comments: Evaluator's Signature All C. Date 8/12/08 This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers in order to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 05/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET SCP2 - Perennial RPW Stream B ECOREG ION POINT RANGE # CHARACTERISTICS SCORE Coastal Piedmont Mountain Presence of flow / persistent pools in stream 5 0 0-4 0-5 4 1 (no flow or saturation = 0; strong flow = max points) - 2 Evidence of past human alteration 0-6 0-5 0-5 2 (extensive alteration = 0; no alteration = max points) 3 Riparian zone 0-6 0-4 0-5 3 no buffer = 0; contiguous, wide buffer = max points) 4 Evidence of nutrient or chemical discharges 0-5 0-4 0-4 4 (extensive discharges = 0; no discharges = max oints) 5 Groundwater discharge 0-3 0-4 0-4 2 (no discharge = 0; springs, seeps, wetlands, etc. = max points) U 6 Presence of adjacent floodplain 0-4 0-4 0-2 2 (no flood lain = 0; extensive flood lain = max points) 7 Entrenchment / floodplain access 0- 5 0- 4 0- 2 0 Q+ (deeply entrenched = 0; frequent flooding = max points) 8 Presence of adjacent wetlands j 0-6 0-4 0-2 0 acent wetlands = max points) (no wetlands = 0; large ad 9 Channel sinuosity 0-5 0-4 0-3 2 (extensive channelization = 0; natural meander = max points) 10 Sediment input 0-5 0-4 0-4 2 (extensive deposition-- 0; little or no sediment = max points) l l Size & diversity of channel bed substrate NA 0-4 0-5 2 fine, homogenous = 0; large, diverse sizes = max points) 12 Evidence of channel incision or widening 0-5 0-4 0-5 1 >+ (deeply incised = 0; stable bed & banks = max points) l3 Presence of major bank failures 0-5 0-5 0-5 2 severe erosion = 0; no erosion, stable banks = max points) 14 Root depth and density on banks 0-3 0-4 0-5 3 E„ (no visible roots = 0; dense roots throughout = max points) 15 Impact by agriculture or livestock production 0-5 0-4 0-5 4 (substantial impact =0; no evidence = max points) 16 Presence of riffle-pool/ripple-pool complexes 0-3 0-5 0-6 3 E (no riffles/ripples or pools = 0; well-developed = max points) et 17 Habitat complexity 0-6 0-6 0-6 3 F varied habitats = max points) little or no habitat = 0; frequent 18 , Canopy coverage over streambed 0-5 0-5 0-5 5 (no shading vegetation = 0; continuous canopy = max points) 19 Substrate embeddedness NA* 0-4 0-4 2 (deeply embedded = 0; loose structure = max 20 Presence of stream invertebrates 0-4 0-5 0-5 3 >+ no evidence = 0; common, numerous types = max points) 21 Presence of amphibians 0-4 0-4 0-4 2 O (no evidence = 0; common, numerous types = max points) a O 22 Presence of fish 0-4 0-4 0-4 0 (no evidence = 0; common, numerous types = max points) 23 Evidence of wildlife use 0-6 0-5 0-5 2 (no evidence = 0; abundant evidence = max points) Total Points Possible 100 100 100 TOTAL SCORE (also enter on first page) 53 * These characteristics are not assessed in coastal streams. North Carolina Division of Water Quality -Stream Identification Form; Version 3.1 Date: 0811212008 Project: McAlpine Creek Greenway Latitude: N35.132300 EvaIuator.GCA Site: SCP3 Longitude: W80.773710 Total Points' Other Perennial RPW Stream C S[raam is at Least intermittent C 1 (ll1 County: ?eC?en?tlr e.g. Quad Nance: it? 19 or erenniaf fi>_ 30 sLls?l? A. Geomor holo (Subtotal = 24.5 ) Absent eak Moderate Strong 18. Continuous bed and bank 3.0 0 1 2 3 2. Sinuosity 1.0 0 1 _...... 2 _._.._... -3 3. In-channel structure: riffle-pool sequence 310 0 1 2 3 4. Soil texture or stream substrate sorting 3,0 0 1 _.._..... __ 2 _...._..__..3 5. Activelrelic floodplain 3.0 0 1 2 3 6. Depositional bars or benches 3.0 0 1 2 3 7. Braided channel 0.0 0 1 2 3 8. Recent alluvial deposits 3.0 0 1 2 3 9` Natural levees 0.0 0 1 2 _....._3 10. Headcuts 0,0 _ 0 _._.....1 2___._....._._ _... 11. Grade controls l.b 0 0.5 1.5 12. Natural valley or dnainagevvay 1.5 0 0.5 1 1.5 13. Second or greater order channel on existing USGS or NRCS map or other documented No = 0 Yes = 3 3.0 a Man-made ditches are not rated: see discussions in manual a,l - ii C 14. Groundwater floyddischarge 3.0 2 3 15. Water in channel and > 48 hrs since rain, or season 3 0 roNrin dr or nel h t i W 0 1 2 3 g g_ . y -- n c an a er 16. L.eaflitter 1.5 -15 1 0.5 0 17. Sediment on plants or debris 1.0 0 0.5 1 1.5 18. Organic debris lines or piles (Wrack lines) 1.5 0 0.5 1 1.5 19. Hvdric soils fredoximorphic features) present?1.5 No = 0 Yes =1.5 20 . Fibrous roots in channel 3.0 3 _ 2 1 0 --- -5---... 21 . Rooted plants in channel 3.0 - -- 3 2 1 0 1.5 22. Crayfish 0 0.5 1 1.5 23. Bivalves 0.0 0 1 2 3 24. Fish 1.5 0 05 1 1.5 25. Amphibians 1.5 0 . _ 0.5 - - 1 1.5 --- 26. Macrobenthos (note diversity and abundance) 1.5 0 0.5 1 1.5 27. Filamentous algae; periphyton 2.0 0 1 2 3 28. Iron oxidizing bacteria/fungus. 1.0 0 0.5 1 1.5 7q c Wi-tInnd olarrts in sireambed 0.00 FAC = 0.5; FACW = 0.75; OBI = 1.5 SAV = 2.0; Other T 0 Kerns 20 and 21 focus on the presence of upland plants. Item 29 focuses on the presence of aquatic or vwetiand plants. Sketch: Notes: (use backside of this form for additional notes.) OFFICE USE ONLY: USACE AID# DWQ # SCP3 - Perennial RPW Stream C STREAM QUALITY ASSESSMENT WORKSHEET A 1. Applicant's Name: CSWS 2. Evaluator's Name: Gregg Antemann 3. Date of Evaluation: 8/12/08 5. Name of Stream: McAlpine Creek 7. Approximate Drainage Area: 25 sq miles 9. Length of Reach Evaluated: 2001f 4. Time of Evaluation: 1.00 pm 6. River Basin: Catawba 8. Stream Order: Ninth 10. County: Mecklenburg, 11. Location of reach under evaluation (include nearby roads and landmarks): From Interstate 485 take the NC-51 N exit, Exit 64A and merge onto NC 51/Pineville Mattbews Road Travel approximately 5.9 miles and turn left onto Providence Road (NC-16). Travel Mproximately 2.7 miles and turn right onto Sardis Lane Travel approximately 0.9 mile and turn right onto Sardis Road. Travel approximately 0.6 mile and turn right onto Old Bell Road Travel approximately 195 feet and the parking lot for the site is on 12. Site Coordinates (if known): N35.13230 ° W80.77371° 13. Proposed Channel Work (if any): 14. Recent Weather Conditions: no rain in past 48 hours 15. Site conditions at time of visit: 85 degrees sunny 16. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat -Trout Waters -Outstanding Resource Waters - Nutrient Sensitive Waters -Water Supply Watershed (I-IV) 17. Is there a pond or lake located upstream of the evaluation point? (& NO If yes, estimate the water surface area: 12 acres 18. Does channel appear on USGS quad map? 0!9) NO 19. Does channel appear on USDA Soil Survey? (ii) NO 20. Estimated Watershed Land Use: 30 % Residential _% Commercial _% Industrial _% Agricultural 70 % Forested _% Cleared / Logged % Other 21. Bankfull Width: 15-30' 22. Bank Height (from bed to top of bank): 10-20' 23. Channel slope down center of stream: Flat (0 to 2%) _X _Gentle (2 to 4%) -Moderate (4 to 10%) -Steep (>10%) 24. Channel Sinuosity: Straight -Occasional Bends X Frequent Meander -Very Sinuous -Braided Channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 61 Comments: Evaluator's Signature Ar? e' A Date 8/12/08 This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers in order to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 05/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET SCP3 - Perennial RPW Stream C # C C ECOREGION POINT RANGE HARA TERISTICS ` SCORE Coastal Piedmont Mountain 1 Presence of flow / persistent pools in stream 0-5 0-4 0-5 4 no flow or saturation = 0; strong flow = max points) 2 Evidence of past human alteration 0-6 0-5 0-5 3 extensive alteration = 0; no alteration = max points) 3 Riparian zone 0-6 0-4 0-5 4 no buffer = 0; contiguous, wide buffer = max points) 4 Evidence of nutrient or chemical discharges 0-5 0-4 0-4 2 (extensive discharges = 0; no discharges = max points) 5 Groundwater discharge 0-3 0-4 0-4 3 no discharge = 0; springs, seeps, wetlands, etc. = max points) U 6 Presence of adjacent floodplain 0- 4 0- 4 0- 2 4 y, (no flood lain = 0; extensive flood lain = max points) F?+ 7 Entrenchment/ floodplain access 0-5 0-4 0-2 0 a (deeply entrenched = 0; frequent flooding = max points) 8 Presence of adjacent wetlands j 0-6 0-4 0-2 0 no wetlands = 0; large ad acent wetlands = max points) 9 Channel sinuosity 0-5 0-4 0-3 2 (extensive channelization = 0; natural meander = max points) 10 Sediment input 0-5 0-4 0-4 2 (extensive deposition= 0; little or no sediment = max points) 11 Size & diversity of channel bed substrate NA* 0-4 0-5 4 (fine, homogenous = 0; large, diverse sizes = max points) 12 Evidence of channel incision or widening 0-5 0-4 0-5 2 ?+ (deeply incised = 0; stable bed & banks = max points) N 13 Presence of major bank failures (severe erosion = 0; no erosion, stable banks = max points) 0-5 0-5 0-5 2 14 Root depth and density on banks 0-3 0-4 0-5 2 (no visible roots = 0; dense roots throughout = max points) 15 Impact by agriculture or livestock production 0-5 0-4 0-5 4 (substantial impact =0; no evidence = max points) 16 Presence of riffle-pooltripple-pool complexes 0-3 0-5 0-6 3 no riffles/ripples or pools = 0; well-developed = max points) 1 Habitat complexity 0-6 0-6 0-6 3 (little or no habitat = 0; frequent, varied habitats = max points) 18 Canopy coverage over streambed 0-5 0-5 0-5 4 no shading vegetation = 0; continuous canopy = max points) 19 Substrate embeddedness NA* 0-4 0-4 2 (deeply embedded = 0; loose structure = max) 20 Presence of stream invertebrates 0-4 0-5 0-5 3 >+ (no evidence = 0; common, numerous types = max points) (,' 21 Presence of amphibians 0-4 0-4 0-4 2 O (no evidence = 0; common, numerous types = max points) O 22 Presence offish 0-4 0-4 0-4 3 (no evidence = 0; common, numerous types = max points) 23 Evidence of wildlife use 0-6 0-5 0-5 3 no evidence = 0; abundant evidence = max points) Total Points Possible 100 100 100 TOTAL SCORE (also enter on first page) 61 i nese cnaractenstncs are not assessed m coastal streams. North Carolina Division of Water Quality -Stream Identification Form; Version 3.1 Date: 08114/2048 Project: McAlpine Creek Creenwa Latitud" 1+135.132300 Evaluator: jWF & JCM Site: SCP4 Longitude; W80,773710 Total Points: Other Perennial RPW Stream D Stream is at least intermittent 4000 [ounty: Mec? enbtur e.g. Quad Name: #2: 19 or perennial if>_ 30 Geomorphology (Subtotal = Z0.5 l A Absent Weak J Moderate Strong . 1°. Continuous bed and bank 3.0 0 1 2 3 3 2- Sinuosity 2.0 2 2 -- 3. In-channel structure: rife-pool sequence 2.0 ....... -°- - --- 3 4. Soil texture or stream substrate sorting 2,0 0 --- -- - 5. Activelrelic floodplain 1.0 0 1 2 2 3 6. Depositional bars or benches 3.0 0 1 3 7. Braided channel 0.0 0 1 2 3 8. Recent alluvial deposits 3.0 0 1 2 2 3 9 E Natural levees 0.0 0 1 1 10. Headcuts -- _.._ 0.0 0 0 5 1 0 11. Grade controls 0.5 0 - . 5 1 0 1.5 12. Natural valley ordrainagew-ay 1.0 . 13. Second or greater order channel on existin = 0 N Yes J 3 USGS or NRGS map or other documented o evidence. 3.0 . ..... _ Man-made ditches are not rated: see discussions in manual ?n r 0, l i UFUI Q OuukvwI - iv.., 14. Groundwater floWdischarge 2.0 2 ? ?- 15. Water in channel and > 48 hrs since rain, or son 3 0 i 0 1 2 3 . ing sea Water in channel -- dry or groU 16. Leaffitter - 1.0 17. Sediment on plants or debris 1.5 18, Organic debris lines or piles (Wracklines) 1,5 19. Hvdric soils (redoximorphic features) present?1.5 1.5 0 0 No 1 0.5 0.5 = 0 0.5 1 1 Yes 0 1'5 1.5 = 1.5 C, Biology Subtotal = `LUU l --- - - 20t'. Fibrous roots in channel 3.0 3 2 --- - -- -- -- 21'. Rooted plants in channel 3.0 3 2 1 5 22. Crayfish 1.0 0 0,5 1 3 23. Bivalves 0.0 0 0 1 0 5 2 1 1.5 24. Fish 0.5 "0 0 . 0,5 1 1.5 25. Amphibians _ --- 26. Maerobentho9 {note diversity and abundance) 0.5 _ _ 0 0.5 1 Filamentous algae; periphyton 27 0.0 0 1 2 - . -- 28. Iron oxidizing bacterialfungus. _ 29 r. Wetland plants in streainbed _._ D.0 0.00 0 FAC 0.5; 0.5 FACW ° 0.75; OBL = 1.5 1 1 .. SAV = 2A; Other = 0 Items 20 and 21 focus on the presence of upland plants. It em 29 focuses on the presence of aquatic or wetland plants. Sketch: Notes: (use back side of this form ,or additional naves .) OFFICE USE ONLY: USACE AID# DWQ # SCP4 - Perennial RPW Stream D STREAM QUALITY ASSESSMENT WORKSHEET '' L Applicant's Name: CSWS 2. Evaluator's Name: Josh Frost and Jamie MacMartin 3. Date of Evaluation: 8/14/08 4. Time of Evaluation: 1:00 pm 5. Name of Stream: UT to McAlpine Creek 6. River Basin: Catawba 7. Approximate Drainage Area: 417 acres 8. Stream Order: Second 9. Length of Reach Evaluated: 100 if 10. County: Mecklenburg 11. Location of reach under evaluation (include nearby roads and landmarks): From Interstate 485 take the NC-51 N exit, Exit 64A and merge onto NC-51/Pineville-Matthews Road. Travel approximately 5.9 miles and turn left onto Providence Road (NC-16): Travel approximately 2.7 miles and turn right onto Sardis Lane. Travel approximately 0.9 mile and turn right onto Sardis Road. Travel approximately 0.6 mile and turn right onto Old Bell Road. Travel approximately 195 feet and the parking lot for the site is on 12. Site Coordinates (if known): N35.13230 °, W80.77371° 13. Proposed Channel Work (if any 14. Recent Weather Conditions: Currently sprinkling 15. Site conditions at time of visit: overcast, 75 °F 16. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat -Trout Waters -Outstanding Resource Waters Nutrient Sensitive Waters -Water Supply Watershed (I-IV) 17. Is there a pond or lake located upstream of the evaluation point? (a NO If yes, estimate the water surface area: 1.7 acres 18. Does channel appear on USGS quad map? (9 NO 19. Does channel appear on USDA Soil Survey? (@ NO 20. Estimated Watershed Land Use: 90 % Residential % Commercial % Industrial _% Agricultural 10 % Forested _% Cleared / Logged % Other 21. Bankfull Width: 15-20' 22. Bank Height (from bed to top of bank): 5-6' 23. Channel slope down center of stream: -Flat (0 to 2%) X Gentle (2 to 4%) -Moderate (4 to 10%) -Steep (>10%) 24. Channel Sinuosity: Straight X Occasional Bends -Frequent Meander -Very Sinuous -Braided Channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 50 Comments: Evaluator's Signature Date 8/14/08 This channel evaluation for is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data require by the United States Army Corps of Engineers in order to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 05/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET SCP4 - Perennial RPW Stream D ECOREGION POINT RANGE # CHARACTERISTICS SCORE Coastal Piedmont Mountain 1 Presence of flow / persistent pools in stream 0-5 0-4 0-5 4 (no flow or saturation = 0; strong flow = max oints 2 Evidence of past human alteration 0-6 0-5 0-5 4 extensive alteration = 0; no alteration = max points) 3 Riparian zone 0-6 0-4 0-5 2 no buffer = 0; contiguous, wide buffer = max points) 4 Evidence of nutrient or chemical discharges 0-5 0-4 0-4 3 (extensive discharges = 0; no discharges = max points) 5 Groundwater discharge 0-3 0-4 0-4 2 (no discharge = 0; springs, seeps, wetlands, etc. = max points) U 6 Presence of adjacent floodplain 0- 4 0- 4 0- 2 2 (no flood lain = 0; extensive flood lain = max points) 7 Entrenchment / floodplain access 0-5 0-4 0-2 1 a (deeply entrenched = 0; frequent flooding = max points) 8 Presence of adjacent wetlands j 0-6 0-4 0-2 0 (no wetlands = 0; large ad acent wetlands = max points) 9 Channel sinuosity 0-5 0-4 0-3 1 extensive channelization = 0; natural meander = max points) 10 Sediment input 0-5 0-4 0-4 2 (extensive deposition= 0; little or no sediment = max points) I I Size & diversity of channel bed substrate NA* 0-4 0-5 2 (fine, homogenous = 0; large, diverse sizes = max points) 12 Evidence of channel incision or widening 0-5 0-4 0-5 1 >+ (deeply incised = 0; stable bed & banks = max points) 0-4 13 Presence of major bank failures 0-5 0-5 0-5 2 * severe erosion = 0; no erosion, stable banks = max points) 14 Root depth and density on banks 0-3 0-4 0-5 3 H (no visible roots = 0; dense roots throughout = max points) I S Impact by agriculture or livestock production 0-5 0-4 0-5 4 (substantial impact =0; no evidence = max points) 16 Presence of riffle-pool/ripple-pool complexes 0-3 0-5 0-6 3 no riffles/ripples or pools = 0; well-developed = max points) 1 Habitat complexity 0-6 0-6 0-6 4 (little or no habitat = 0; frequent, varied habitats = max points) 18 Canopy coverage over streambed 0-5 0-5 0-5 3 no shading vegetation = 0; continuous canopy = max points) 19 Substrate embeddedness NA* 0-4 0-4 2 (deeply embedded = 0; loose structure = max ,20 Presence of stream invertebrates 0-4 0-5 0-5 1 >0 (no evidence = 0; common, numerous types = max points) 0 21 Presence of amphibians 0-4 0-4 0-4 2 O (no evidence = 0; common, numerous types = max points) 1.4 O 22 Presence of fish 0-4 0-4 0-4 0 P- no evidence = 0; common, numerous types = max points) 23 Evidence of wildlife use 0-6 0-5 0-5 2 (no evidence = 0; abundant evidence = max oints) Total Points Possible 100 100 100 TOTAL SCORE (also enter on first page) 50 * 1 hese characteristics are not assessed in coastal streams. North Carolina Division of Water (,duality -Stream Identification Form; Version 3.1 Date: 05/21/2008 Project: McAlpine Creek Creenway Latitude: N35.1320300 Evaluator:PAB & GCA Site: SCP5 Longitude: W80.773710 Total Points: Other Nan-JD Sbram is at least intermittent County: it? 19 or erennial if a 30 7.50 Mecklenbur e.g. Quad Name: A. Geomor holy Subtotal =___2.5 } Absent m :. Weak Moderate Strong 1°. Continuous bed and bank 2.0 0 1 2 3 2. Sinuosity 0.0 0 1 2 3 3. In-channel structure: riffle-pool sequence 0.0 0 1 2 3 4. Soil texture or stream substrate sorting 0.0 0 1 2 3 5. Active/relic floodplain 0.0 0 1 2 3 6. Depositional bars or benches 0.0 0 1 2 3 7. Braided channel 0.0 0 1 2 3 8. Recent alluvial' deposits 0.0 0 1 2 3 9" Natural levees 0.0 . . ._. .__..._...... . . --- 0 1 2 3 --- --_....... _.......... _.. .. .... .. . ..• .. . 10. Headcuts 0.0 0 1 2 - 3 11. Grade oantrofs 0.5 0 0.5 1 1.5 12. Natural valley or drainagervay 0.0 0 0.5 1 1.5 13. Second or greater order channel on existing USGS or NRCS map or other documented evidence. 0.0 No = 0 Yes = 3 Man-made ditches are not rated: see discussions in manual B. Hvdroloav (Subtotal= 2.0 ) 14. Groundwater flo4discharge 0,0 0 1 2 _ _... ..... -- 3 15. Water in channel and a 48 hrs since rain: or Water in channel -- d or growing season 0.0 0 ---._...._. 1 . . . 2 3 18. Leafl her 0.0 1.5 1 0.5 0 17. Sediment on plants or debris 0.5 0 0.5 1 1.5 18. Organic debris lines or piles (Wrack lines) 1.S 0 0.5 1 1.5 19. Hydric soifs {redoximorphlc features) present?0,p No = 0 Yes =1.5 C. Biolocav (Subtotal= 3.00 l 20b. Fibrous roots in channel 2,0 3 2 1 0 21D. Rooted plants in channel i.0 3 2 1 _ 0 22. Crayfish 0.0 0 0.5 ...--- - ----....1 1-5 23. Bivalves 0.0 0 1 2 3 24. Fish 0.0 0 0.5 1 1.5 25. Amphibians 0.0 0 0.5 1 1.5 28. Macrobenthos (note diversity and abundance) 0,0 0 0.5 1 1.5 27. Filamentous algae; periphyton 0.0 0 1 2....•. .... .. - - 3 28. Iron oxidizing bacteria/fungus. 0.0 0 0.5 1 1.5 29 .Wetland plants in streambed 0.00 FAC = 0.5; FACW = 0.75; CBL = 1.5 SAV = 2.0; Other = 0 - items 2u and 21 rocus on the presence of upland plants. Item 29 focuses on the presence or aquatic or wetland plants. Sketch: Notes: (use back side of this form for additional notes.) OFFICE USE ONLY: USACE AID# DWQ # SCP5 - Non-JD M STREAM QUALITY ASSESSMENT WORKSHEET ' 1. Applicant's Name: CSWS 2. Evaluator's Name: Paul Bright and Gregg Antemann 3. Date of Evaluation: 5/21/08 5. Name of Stream: UT to McAlpine Creek 7. Approximate Drainage Area: 5 acres 9. Length of Reach Evaluated: 100 ft 4. Time of Evaluation: 11:00 am 6. River Basin: Catawba 8. Stream Order: First 10. County: Mecklenburg 11. Location of reach under evaluation (include nearby roads and landmarks): From Interstate 485 take the NC-51 N exit, Exit 64A and merge onto NC-51/Pineville-Matthews Road Travel approximately 5.9 miles and turn left onto Providence Road (NC-16). Travel approximately 2.7 miles and turn right onto Sardis Lane Travel approximately 0.9 mile and turn right onto Sardis Road. Travel proximately 0.6 mile and turn right onto Old Bell Road Travel approximately 195 feet and the narking lot for the site is on 12. Site Coordinates (if known): N35.13230 ° W80.77371° 13. Proposed Channel Work (if any): 14. Recent Weather Conditions: no rain in past 24 hours 15. Site conditions at time of visit: 85 degrees, sunn 16. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat -Trout Waters -Outstanding Resource Waters Nutrient Sensitive Waters -Water Supply Watershed (I-IV) 17. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area: 18. Does channel appear on USGS quad map? YES NO 19. Does channel appear on USDA Soil Survey? YES 20. Estimated Watershed Land Use: 30 % Residential _% Commercial _% Industrial % Agricultural 70 % Forested % Cleared / Logged _% Other 21. Bankfull Width: 2-6' 22. Bank Height (from bed to top of bank): 2-6' 23. Channel slope down center of stream: -Flat (0 to 2%) _X -Gentle (2 to 4%) -Moderate (4 to 10%) -Steep (>10%) 24. Channel Sinuosity: Straight X Occasional Bends -Frequent Meander -Very Sinuous -Braided Channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 34 Comments: Evaluator's Signature C_ Date 5/21/08 This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers in order to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 05/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET SCP5 - Non-JD ECOREGION POINT RANGE # ' CHARACTERISTICS SCORE Coastal Piedmont Mountain i Presence of flow / persistent pools in stream 0-5 0-4 0-5 0 no flow or saturation = 0; strong flow = max points) 2 Evidence of past human alteration 0-6 0-5 0-5 3 (extensive alteration = 0; no alteration = max points) 3 Riparian zone 0-6 0-4 0-5 3 (no buffer = 0; contiguous, wide buffer = max points) 4 Evidence of nutrient or chemical discharges 0-5 0-4 0-4 2 extensive discharges = 0; no discharges = max oints) 5 Groundwater discharge 0-3 0-4 0-4 0 no discharge = 0; springs, seeps, wetlands, etc. = max points) U 0 6 Presence of adjacent floodplain 0- 4 0- 4 0- 2 0 y, no flood lain = 0; extensive flood lain = max points) Fri 7 Entrenchment / floodplain access 0- 5 0- 4 0- 2 0 a (deeply entrenched = 0; frequent flooding = max points) 8 Presence of adjacent wetlands j 0-6 0-4 0-2 0 no wetlands = 0; large ad acent wetlands = max points) 9 Channel sinuosity 0-5 0-4 0-3 1 (extensive channelization = 0; natural meander = max points) 10 Sediment input 0-5 0-4 0-4 1 (extensive deposition= 0; little or no sediment = max points) 11 Size & diversity of channel bed substrate NA* 0-4 0-5 2 (fine, homogenous = 0; large, diverse sizes = max points) 12 Evidence of channel incision or widening 0-5 0-4 0-5 2 (deeply incised = 0; stable bed & banks = max points) l3 Presence of major bank failures 0-5 0-5 0-5 2 severe erosion = 0; no erosion, stable banks = max points) 14 Root depth and density on banks 0-3 0-4 0-5 3 H no visible roots = 0; dense roots throughout = max points) l 5 Impact by agriculture or livestock production 0-5 0-4 0-5 4 substantial impact =0; no evidence = max points) 16 Presence of riffle-pool/ripple-pool complexes 0-3 0-5 0-6 0 C-+ (no riffles/ripples or pools = 0; well-developed = max points) d 17 Habitat complexity 0-6 0-6 0-6 3 little or no habitat = 0; frequent, varied habitats = max points) Canopy coverage over streambed 18 (no shading vegetation = 0; continuous canopy = max points) 0-5 0-5 0-5 3 19 Substrate embeddedness NA* 0-4 0-4 3 (deeply embedded = 0; loose structure = max 20 Presence of stream invertebrates 0-4 0-5 0-5 0 (no evidence = 0; common, numerous types = max points) 21 Presence of amphibians 0-4 0-4 0-4 0 O no evidence = 0; common, numerous types = max points) O 22 Presence of fish 0-4 0-4 0-4 0 (no evidence = 0; common, numerous types = max points) 23 Evidence of wildlife use 0-6 0-5 0-5 2 (no evidence = 0; abundant evidence = max points) Total Points Possible 100 100 100 TOTAL SCORE (also enter on first page) 34 1 nese charactenstics are not assessed in coastal streams. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: McAlpine Creek Greenway Date: 05/21/08 Applicant/Owner: CSWS County: Mecklenburg Investigator(s): PAB & GCA 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: DPI (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum 1 Acer negundo tree Indicator FACW Dominant Plant Species Stratum Indicator 9 2 Ilex opaca tree FAC 10 3 Juncus effusus vine FAC 11 4 Carex lurida herb OBL 12 5 Toxicodendron radicans vine FAC 13 6 14 7 15 8 16 Percent of Dominant Species that are OBL, FACW or FAC 100% Remarks: Greater than 50% 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 Surrey Data Depth to Saturated Soil: N/A (in.) FAC-Neutral Test Other (Explain in Remarks) Remarks: Indicators of wetland hydrology are present. Routine Data Forms Page 1 of 2 4/30/2009 ef%H c Map Unit Name (Series and Phase): Monacan loam. 0-2 percent sloae (MO) Drainage Class Somewhat poorly drained Field Observations Taxonomy (Subgroup): thermic Fluva uentic Eutrude is Confirm Mapped Type? Ye No Profile Descri tion: Depth Matrix Color (inches) Horizon (Munsell Moist) Mottle Colors (Munsell Moist) Mottle Texture, Concretions, Abundance/Contrast Structure, etc. 0-3" A 2.5YR 5/2 7.5YR 4/6 Few/Distinct Silt loam 3-12" B 10YR 5/3 7.5YR 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: 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. I ji Approved by HQUSACE 2/92 Routine Data Forms Page 2 of 2 4/30/2009 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: McAlpine Creek Greenwa Date: 05/21/08 Applicant/Owner: CSWS County: Mecklenbur Investigator(s): PAB & GCA State: NC Do Normal Circumstances exist on the site? Yes No Community ID: upland Is the site significantly disturbed (Atypical Situation)? Yes N Transect ID: No Is the area a potential Problem Area? Yes Plot ID: DP2 (If needed, explain on reverse.) VFrFTATIn1J Dominant Plant Species Stratum 1 Acer negundo tree Indicator FACW Dominant Plant Species Stratum Indicator 9 2 Ilex opaca tree FAC 10 3 Juncus effusus vine FAC 11 4 Carex lurida herb OBL 12 5 Toxicodendron radicans vine FAC 13 6 14 7 15 B 16 Percent of Dominant Species that are OBL, FACW or FAC 100% Remarks: Greater than 50% 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) X 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.) x Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: N/A (in.) FAC-Neutral Test Other (Explain in Remarks) Remarks: Indicators of wetland hydrology are present. Routine Data Forms - DP2 Page 1 of 2 4/30/2009 SOILS Map Unit Name (Series and Phase): Monacan loam. 0-2 percent slope (MO) Drainage Class somewhat roomy drained Field Observations Taxonomy (Subgroup): thermic Fluva uentic Eutrude is Confirm Mapped Type? Ye No Profile Descri tion: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-3" A 2.5YR 5/2 7.5YR 4/6 Few/Distinct Silt loam 3-12" B 10YR 5/3 7.5YR 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: No indicators of hydric soils are present. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No (Circle) Wetland Hydrology Present? Ye 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. Approved by HQUSACE 2/92 Routine Data Forms - DP2 Page 2 of 2 4/30/2009 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: McAlpine Creek Greenway Date: 05/21/08 Applicant/Owner: CSWS County: Mecklenburg Investigator(s): PAB & GCA State: NC Do Normal Circumstances exist on the site? Yes No Community ID: wetland Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID: AA&BB Is the area a potential Problem Area? Yes No Plot ID: DP3 (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum 1 Fraxinus pennsylvanica tree Indicator FACW Dominant Plant Species Stratum Indicator 9 2 Acer negundo tree FACW 10 3 Acer rubrum tree FAC 11 4 Carex lurida herb OBL 12 5 13 6 14 7 15 8 16 Percent of Dominant Species that are OBL, FACW or FAC 100% Remarks: Greater than 50% 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: X Inundated X Saturated in Upper 12 Inches X Water Marks Drift Lines Field Observations: Sediment Deposits (on leaves) Drainage Patterns in Wetlands Depth of Surface Water: 0-4 (in.) Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches Depth to Free Water in Pit: N/A (in.) X Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: 0 (in.) FAC-Neutral Test Other (Explain in Remarks) Remarks: Indicators of wetland hydrology are present. Routine Data Forms - DP3 Page I Of 2 4130/2009 SOILS Map Unit Name (Series and Phase): Monacan loam. 0-2 percent slope (MO) Drainage Class sommhat noody drained Field Observations Taxonomy (Subgroup): thermic Fluva uentic Eutrude is Confirm Mapped Type? Ye No Profile Descri tion: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-6" A 10YR 5/1 7.5YR 5/6 Few/Distinct Silt loam 6-12" B 10YR 6/1 7.5YR 5/6 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 Vegetation Present? Yes No (Circle) Wetland Hydrology Present? Ye 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. 1 11 Approved by HQUSACE 2192 Routine Data Forms - DP3 Page 2 of 2 4/30/2009 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: McAlpine Creek Greenwa Date: 04/29/09 Applicant/Owner: CSWS County: Mecklenburg Investigator(s): TJB & JCM State: NC Do Normal Circumstances exist on the site? Yes No Community ID: wetland Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID: DD Is the area a potential Problem Area? Yes No Plot ID: DP4 (If needed, explain on reverse.) VFr.FTOTinm Dominant Plant Species Stratum 1 Fraxinus pennsylvanica tree Indicator FACW Dominant Plant Species Stratum Indicator 9 2 Acer negundo tree FACW 10 3 Acer rubrum tree FAC 11 4 Ulmus rubra tree FAC 12 5 Acer rubrum sapling FAC 13 6 Acer negundo sapling FACW 14 7 Carex lurida herb OBL 15 8 Carex crinita herb FACW+ 16 Percent of Dominant Species that are OBL, FACW or FAC 100% Remarks: Greater than 50% of the dominant plant s pecies are FAC or wetter. 14YnRAI A(.Y 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: 0-12 (in.) Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches Depth to Free Water in Pit: 0 (in.) % Water-Stained Leaves Loral Soil Survey Data Depth to Saturated Soil: 0 (in.) FAC-Neutral Test Other (Explain in Remarks) Remarks: Indicators of wetland hydrolomy are present. Routine Data Forms - DP5 Page I of 2 4/30/2009 SOILS Map Unit Name (Series and Phase): Monacan loam, 0-2 percent slope (MO) Drainage Class Somewhat poorly drained Field Observations Taxonomy (Subgroup): thermic Fluva uentic Eutrude g 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 5Y 5/2 5Y 5/8 Few/Prominent Silty Clay Loam 6-14 Bl 5YR 5/8 2.5Y 6/3 Many/Prominent Clay 14-18+ B2 5YR 4/6 2.5Y 6/3 Many/Prominent Clay 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 Vegetation Present? Yes No (Circle) Wetland Hydrology Present? Ye No (Circle) Hydric Soils Present? Yes 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 Data Forms - DP5 Page 2 of 2 4/30/2009 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: McAlpine Creek Greenwa Date: 05/21/08 Applicant/Owner: CSWS County: Mecklenburg Investigator(s): CRW, PAB & GCA State: NC Do Normal Circumstances exist on the site? Yes No Community ID: wetland Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID: cc Is the area a potential Problem Area? Yes No Plot ID: DPS (If needed, explain on reverse.) vGr_GTATinM Dominant Plant Species Stratum 1 Fraxinus pennsylvanica tree Indicator FACW Dominant Plant Species Stratum Indicator 9 2 Acer negundo tree FACW 10 3 Toxicodendron radicans vine FAC 11 4 Carex lurida herb OBL 12 5 Peltandra virginica herb OBL 13 6 14 7 15 g 16 Percent of Dominant Species that are OBL, FACW or FAC 100% Remarks: Greater than 50% of the dominant plant s pecies are FAC or wetter. uvnani nr_v Recorded Data (Describe in remarks): Stream, Lake or Tide Gauge Aerial Photographs Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: Inundated X Saturated in Upper 12 Inches Water Marks X Drift Lines Field Observations: Sediment Deposits (on leaves) X 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.) X Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: 0" (in.) FAC-Neutral Test Other (Explain in Remarks) Remarks: Indicators of wetland h dy rology are present. Routine Data Forms - DP5 Page 1 of 2 4/30/2009 cnll c Map Unit Name (Series and Phase): Monacan loam, 0-2 aercent sloae (MO) Drainage Class Somewhat poorly drained Field Observations Taxonomy (Subgroup): thermic Fluva uentic Eutrude is 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. 0-4" A 10YR 4/3 7.5YR 4/6 Many/Distinct Silt loam 4-12" B 10YR 5/2 7.5YR 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 X Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: Indicators of hydric soils are present. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No (Circle) Wetland Hydrology Present? Ye No (Circle) Hydric Soils Present? Yes No Is this Sampling Point Within a Wetland? Yes No Remarks: Data point is representative of a jurisdictional wetland area. Approved by HQUSACE 2192 Routine Data Forms - DP5 Page 2 of 2 4/30/2009 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: McAlpine Creek Greenway Date: 05/21/08 Applicant/Owner: CSWS County: Mecklenburg Investigator(s): PAB & GCA 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: DP6 (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum 1 Frazinus pennsylvanica tree Indicator FACW Dominant Plant Species Stratum Indicator 9 2 L lmus rubra tree FAC 10 3 Ligustrum sinense shrub FAC 11 4 Peltandra virginica herb OBL 12 5 13 6 14 7 15 8 16 Percent of Dominant Species that are OBL, FACW or FAC 100% Remarks: Greater than 50% 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 X Saturated in Upper 12 Inches Water Marks X Drift Lines Field Observations: Sediment Deposits (on leaves) X 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.) X Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: 0" (in.) FAC-Neutral Test Other (Explain in Remarks) Remarks: Indicators of wetland hydrology are present. Routine Data Forms Page 1 of 2 4/30/2009 SOILS Map Unit Name (Series and Phase): Monacan loam, 0-2 percent slope (MO) Drainage Class Somewhat Poorly drained Field Observations Taxonomy (Subgroup): thermic Fluvag uentic Eutrudents 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 10YR 4/3 7.5YR 4/6 Many/Distinct Silt loam 6-18" B 10YR 5/3 7.5YR 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: Hydric soils are present. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No (Circle) Wetland Hydrology Present? Ye 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 Approved by HQUSACE 2192 Routine Data Forms Page 2 of 2 4/30/2009 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: McAlpine Creek Greenway Date: 04/29/09 Applicant/Owner: CSWS County: Mecklenburg Investigator(s): TJB & JCM State: NC Do Normal Circumstances exist on the site? Yes No CommunityID: wetlan ds the site significantly disturbed (Atypical Situation)? Yes No Transect ID: EE Is the area a potential Problem Area? Yes No Plot ID: DP7 (If needed, explain on reverse.) VF(.FTATIAN Dominant Plant Species 1 Fraxinus pennsylvanica Stratum tree Indicator FACW Dominant Plant Species Stratum Indicator 9 Commelina communis herb FAC 2 Acer negundo tree FACW 10 Toxicodenron radicans vine FAC 3 Liquidambar styracii lua tree FAC+ 11 4 Ulmus rubra tree FAC 12 5 Acer negundo sapling FACW 13 6 Liquidambar styracii lua sapling FAC+ 14 7 Carex lurida herb OBL 15 8 Carex crinita herb FACW+ 16 Percent of Dominant Species that are OBL, FACW or FAC 100% Remarks: Greater than 50% of the dominant plant s pecies are FAC or wetter. i4vnRnl nr.v 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 X Drift Lines Field Observations: % Sediment Deposits (on leaves) X 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: 9 (in.) Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: 14 (in.) FAC-Neutral Test Other (Explain in Remarks) Remarks: Indicators of wetland hydrology are present. Routine Data Forms - DP5 Page 1 of 2 4/3012009 c.r.u h .ww v Map Unit Name (Series and Phase): Monacan loam. 0-2 percent slope (MO) Drainage Class Somewhat noodv drained Field Observations Taxonomy (Subgroup): thermic Fluvag uentic EutrudeptS 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 10YR 5/3 2.5YR 4/8 Many/Prominent Silty Clay Loam 6-18 Bl 5YR 5/8 10YR 6/3 Many/Prominent Clay 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 hydric soils are present. wG71 AKIn nFTGRMINeTInfJ Hydrophytic Vegetation Present? Yes No (Circle) Wetland Hydrology Present? Ye No (Circle) Hydric Soils Present? Yes No Is this Sampling Point Within a Wetland? Yes No Remarks: Data point is representative of a jurisdictional wetland area. The area does not have hyd ric soils but it is dominated by wetland vegetation. L Approved by HQUSACE 2/92 Routine Data Forms - DP5 Page 2 of 2 4/30/2009 APPROVED JURISDICTIONAL DETERMINATION FORM S U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): March 19, 2009 B. DISTRICT OFFICE, FILE NAME, AND NUMBER:Asheville Regional Office C. PROJECT LOCATION AND BACKGROUND INFORMATION: McApline Creek Environmental Restoration Project, Charlotte, NC - Important Intermittent Seasonal RPW Stream A State:NC County/parish/borough: Mecklenburg City: Charlotte Center coordinates of site (]at/long in degree decimal format): Lat. N35.13230° N, Long. W80.77371 ° W. Universal Transverse Mercator: Name of nearest waterbody: McAlpine Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: McAlpine Creek Name of watershed or Hydrologic Unit Code (HUC): 03050103 ® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. ? Check if other sites (e.g., offsite mitigation sites, disposal sites, etc... ) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: March 19, 2009 ® Field Determination. Date(s): May 21, 2008 / August 12, 2008 / August 14, 2008 SECTION H: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] ? Waters subject to the ebb and flow of the tide. Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): r ? TNWs, including territorial seas ? Wetlands adjacent to TNWs ® Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs ? Non-RPWs that flow directly or indirectly into TNWs ? Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ? Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ? Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ? Impoundments of jurisdictional waters ? Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non-wetland waters: 395 linear feet: 8-10width (ft) and/or 0.08 acres. Wetlands: acres. c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):; ? Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: Boxes checked below shall be supported by completing the appropriate sections in Section III below. z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). ' Supporting documentation is presented in Section III.F. XMap® 4.0 !Ghemway.•. i Junker '.^ Atao Junction 2939 p K ,.. xx 16 2014 ' k? ---? ? 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Drainage Area - 25 acres tawexy ry '(? , ,S. ---'''t,? ;,,- . ?? ? tip,„' " i ? €? ? ` Y t+?$ a `-?`° ? r e N,„ i i i z ?iR ti t• . i r '. r 1' 0 ? ?' ?.,• ?`:.?? •* f? * ? ?r'???? „?? - ,QOM $? y? 1 .y':. ? s? !?/ .? ?J ??? ]\f 2 i % 17 y ; rat ? f ?? ? ? f- y?.?• •,, ? 1 SS : - {? ({,l ?` ? 1. tel. ?i. , r-?? ??? r f f.. ; t t • .T i ` I C. .? f. '? ,ado Z+`'r ? ?? ? / .'_ ? „• ? . Y \ ( `?, tit r./'?--?„f is Al- TN SralP 1 • S)d nnn _ ____ ____...._. ,....•.r?. ? n ero xm eoo x•oo 3000 www.delortne.com NN (6.8-M m ? u zoo .m 6m em o00 1" = 2,000.0 ft Data Zoom 13-1 SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section HI.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section HI.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section HI.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbodya is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section HI.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.C below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 45 acres Drainage area: 25 acres Average annual rainfall: 42 inches Average annual snowfall: 5 inches (ii) Physical Characteristics: (a) Relationship with TNW: ® Tributary flows directly into TNW. ? Tributary flows through Pick List tributaries before entering TNW. Project waters are 1 (or less) river miles from TNW. Project waters are 1 (or less) river miles from RPW. Project waters are 1 (or less) aerial (straight) miles from TNW. Project waters are 1 (or less) aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: N/A. Identify flow route to TNW5: Important Intermittent Seasonal RPW Stream A flows directly to McAlpine Creek (TNW). Tributary stream order, if known: 1st. Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. 5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. (b) General Tributary Characteristics (check all that apply): Tributary is: ? Natural ® Artificial (man-made). Explain: Top of stream has been piped. ? Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: 4.5 feet Average depth: 9 feet Average side slopes: 2:1. Primary tributary substrate composition (check all that apply): ® Silts ® Sands ? Concrete ® Cobbles ® Gravel ? Muck ? Bedrock ? Vegetation. Type/% cover: ? Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: This is relatively unstable urbanized stream system. Flow is flashy due to a high level of impervious cover in the waterershed. Stream is incised, with steep, unstable banks. Presence of run/riffle/pool complexes. Explain: Riffle pool complexes exist but are weak and inconsistent. Tributary geometry: Relatively straight Tributary gradient (approximate average slope): 2 % (c) Flow: Tributary provides for: Seasonal flow Estimate average number of flow events in review area/year: 20 (or greater) Describe flow regime: Discreete and confined. Other information on duration and volume: Surface flow is: Discrete and confined. Characteristics: Subsurface flow: Unknown. Explain findings: ? Dye (or other) test performed: Tributary has (check all that apply): ® Bed and banks ® OHWM6 (check all indicators that apply): ® clear, natural line impressed on the bank ® changes in the character of soil ® shelving ® vegetation matted down, bent, or absent ® leaf litter disturbed or washed away ? sediment deposition ? ? water staining ? ? other (list): the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community ? Discontinuous OHWM.7 Explain: If factors other than the OHWM were used to determ ? High Tide Line indicated by: ? ? oil or scum line along shore objects ? fine shell or debris deposits (foreshore) ? physical markings/characteristics ? tidal gauges ? other (list): ine lateral extent of CWA jurisdiction (check all that apply): Mean High Water Mark indicated by: ? survey to available datum; ? physical markings; ? vegetation lines/changes in vegetation types. (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: watershed has a high level of urbanization. Single and multi-family residential properties are the predominant land use, with some commercial properties present high in the watershed. Identify specific pollutants, if known: 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 71bid. (iv) Biological Characteristics. Channel supports (check all that apply): ® Riparian corridor. Characteristics (type, average width): There is a very narrow riparian corridor behind which are maintained lawns. ? Wetland fringe. Characteristics: ? Habitat for: ? Federally Listed species. Explain findings: ? Fish/spawn areas. Explain findings: ? Other environmentally-sensitive species. Explain findings: ? Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Pick List. Explain: Surface flow is: Pick List Characteristics: Subsurface flow: Pick List. Explain findings: ? Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: ? Directly abutting ? Not directly abutting ? Discrete wetland hydrologic connection. Explain: ? Ecological connection. Explain: ? Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ? Riparian buffer. Characteristics (type, average width): ? Vegetation type/percent cover. Explain: ? Habitat for: ? Federally Listed species. Explain findings: ? Fish/spawn areas. Explain findings: ? Other environmentally-sensitive species. Explain findings: ? Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pick List Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the now of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TN Ws, or to reduce the amount of pollutants or flood waters reaching a TN W? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section HI.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERSIWETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ? TNWs: linear feet width (ft), Or, acres. ? Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. ? Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Stream A is approximately 395 linear feet in length (Figure 1, enclosed). Stream A was evaluated to be an important intermittent stream and exhibited a strong bed and banks, average ordinary high water widths of 5-10 feet, weak to moderate flow during drought conditions, and substrate consisting of silt, coarse sand, gravel and cobbles. Biological sampling within this portion of Stream A resulted in a weak presence of amphibians. Due to the evidence of flow for at least three consecutive months a year, this portion of Stream A was classified as a Seasonal Relatively Permanent Water (RPW) according to USACE/EPA guidance. Important Intermittent Seasonal RPW Stream A scored 37 out of a possible 100 points on the USACE Stream Quality Assessment Worksheet and 28 out of a possible 71 points on the NCDWQ Stream Classification Form, indicating intermittent status (SCP1, enclosed). Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: 395 linear feet8-10width (ft). ? Other non-wetland waters: acres. Identify type(s) of waters: Non-RPWs8 that flow directly or indirectly into TNWs. ? Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): ? Tributary waters: linear feet width (ft). ? Other non-wetland waters: acres. Identify type(s) of waters: Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ? Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ? Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: ? Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ? Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ? Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. ? Demonstrate that impoundment was created from "waters of the U.S.," or ? Demonstrate that water meets the criteria for one of the categories presented above (1-6), or ? Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):Io 8See Footnote # 3. 9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. '0 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. ? which are or could be used by interstate or foreign travelers for recreational or other purposes. ? from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ? which are or could be used for industrial purposes by industries in interstate commerce. ? Interstate isolated waters. Explain: ? Other factors. Explain: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): ? Tributary waters: linear feet width (ft). ? Other non-wetland waters: acres. Identify type(s) of waters: ? Wetlands: acres. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ? If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. ? Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ? Prior to the Jan 2001 Supreme Court decision in "STFANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). ? Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: ? Other: (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): Non-wetland waters (i.e., rivers, streams): linear feet width (ft). ? Lakes/ponds: acres. Other non-wetland waters: acres. List type of aquatic resource: ? Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): ? Non-wetland waters (i.e., rivers, streams): linear feet, width (ft). ? Lakes/ponds: acres. ? Other non-wetland waters: acres. List type of aquatic resource: ? Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply -checked items shall be included in case file and, where checked and requested, appropriately reference sources below): Q Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ® Office concurs with data sheets/delineation report. ? Office does not concur with data sheets/delineation report. Data sheets prepared by the Corps: ? Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: ? USGS NHD data ? USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name:USGS 7.5' Charlotte East & Weddington, NC Topographic Quadrangle,dated 1991 and 1998 respectively. ® USDA Natural Resources Conservation Service Soil Survey. Citation:NRCS Soil Survey of Mecklenburg County, North Carolina, Sheet No. 7 and 12, dated 1976. ? National wetlands inventory map(s). Cite name: ? State/Local wetland inventory map(s): ? FEMA/FIRM maps: ? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ? Photographs: ? Aerial (Name & Date): or ® Other (Name & Date):see attached report. ? Previous determination(s). File no. and date of response letter: ? Applicable/supporting case law: ? Applicable/supporting scientific literature: ? Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: Pf I-VAV\ jal RPW Skr_o m 6 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): March 19, 2009 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Ashville Field Office C. PROJECT LOCATION AND BACKGROUND INFORMATION: McAlpine Creek Environmental Restoration Project, Charlotte, NC - Perennial RPW Stream B State:NC County/parish/borough: Mecklenburg City: Charlotte Center coordinates of site (lat/long in degree decimal format): Lat. 35.13230° N, Long. 80.77371 ° W. Universal Transverse Mercator: Name of nearest waterbody: McAlpine Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: McAlpine Creek Name of watershed or Hydrologic Unit Code (HUC): 03050103 ® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. ? Check if other sites (e.g., offsite mitigation sites, disposal sites, etc... ) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ? Office (Desk) Determination. Date: March 19, 2009 ® Field Determination. Date(s): May 21, 2008 / August 12, 2008 / August 14, 2008 SECTION H: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Are no "imvigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] Waters subject to the ebb and flow of the tide. ? Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): 1 Q TNWs, including territorial seas ? Wetlands adjacent to TNWs ® Relatively permanent watersZ (RPWs) that flow directly or indirectly into TNWs Non-RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ? Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ? Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ? Impoundments of jurisdictional waters ? Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non-wetland waters: 2,1951inear feet: 3-6width (ft) and/or 0.23 acres. Wetlands: acres. c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):3 ? Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: ' Boxes checked below shall be supported by completing the appropriate sections in Section III below. 2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). ' Supporting documentation is presented in Section III.F. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent' B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section HI.B.1 for the tributary, Section HI.B.2 for any onsite wetlands, and Section HI.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section HI.C below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Pick List Drainage area: Pick List Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ? Tributary flows directly into TNW. ? Tributary flows through Pick List tributaries before entering TNW. Project waters are Pick List river miles from TNW. Project waters are Pick List river miles from RPW. Project waters are Pick List aerial (straight) miles from TNW. Project waters are Pick List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNWS: Tributary stream order, if known: a Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. 5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. (b) General Tributary Characteristics (check all that apply): Tributary is: ? Natural ? Artificial (man-made). Explain: ? Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Pick List. Primary tributary substrate composition (check all that apply): ? Silts ? Sands ? Cobbles ? Gravel ? Bedrock ? Vegetation. Type/% cover: ? Other. Explain: ? Concrete ? Muck Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence ofrun/riffle/pool complexes. Explain: Tributary geometry: Pick List Tributary gradient (approximate average slope): % (c) Flow: Tributary provides for: Pick List Estimate average number of flow events in review area/year: Pick List Describe flow regime: Other information on duration and volume: Surface flow is: Pick List. Characteristics: Subsurface flow: Pick List. Explain findings: ? Dye (or other) test performed: hydric soil indicators. Tributary has (check all that apply): ? Bed and banks ? OHWM6 (check all indicators that apply): ? clear, natural line impressed on the bank ? ? changes in the character of soil ? ? shelving ? ? vegetation matted down, bent, or absent ? ? leaf litter disturbed or washed away ? ? sediment deposition ? ? water staining ? ? other (list): ? Discontinuous OHWM.7 Explain: the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): ? High Tide Line indicated by: ? Mean High Water Mark indicated by: ? oil or scum line along shore objects ? fine shell or debris deposits (foreshore) ? physical markings/characteristics ? tidal gauges ? other (list): ? survey to available datum; ? physical markings; ? vegetation linesichanges in vegetation types. (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ? Riparian corridor. Characteristics (type, average width): ? Wetland fringe. Characteristics: ? Habitat for: ? Federally Listed species. Explain findings: ? Fish/spawn areas. Explain findings: ? Other environmentally-sensitive species. Explain findings: ? Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: herbaceous. Wetland quality. Explain: natural wetland, no disturbances. Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Pick List. Explain: wetland is adjacent to a perennial stream. Surface flow is: Pick List Characteristics: weak surface flow. Subsurface flow: Pick List. Explain findings: N/A. ? Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: ? Directly abutting ? Not directly abutting ? Discrete wetland hydrologic connection. Explain: ? Ecological connection. Explain: ? Separated by berni/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ? Riparian buffer. Characteristics (type, average width): . ? Vegetation type/percent cover. Explain: . ? Habitat for: ? Federally Listed species. Explain findings: ? Fish/spawn areas. Explain findings: ? Other environmentally-sensitive species. Explain findings: ? Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pick List Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (YIN) Size (in acres) Directly abuts? (Y/N) Size (in acres,) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TN Ws, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: D TNWs: linear feet width (ft), Or, acres. E] Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Stream B is approximately 2,195 linear feet in length (Figure 1, enclosed). Stream B was evaluated to be perennial and exhibited strong bed and banks, average ordinary high water widths of 3-6 feet, moderate flow during drought conditions, and substrate consisting of silt, coarse sand, gravel and cobbles. Biological sampling within this portion of Stream B resulted in a weak presence of crayfish and macrobenthic invertebrates. Due to the evidence of typical year round flow, Stream B was classified as a relatively permanent water (RPW) according to USACE/EPA guidance. Perennial RPW Stream B scored 53 out of a possible 100 points on the USACE Stream Quality Assessment Worksheet and scored 36.5 out of 71 possible points on the NCDWQ Stream Classification Form, indicating perennial status (SCP2, enclosed). ? Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): 0 Tributary waters: 2,195 linear feet3-6width (ft). ? Other non-wetland waters: acres. Identify type(s) of waters: Non-RPWss that flow directly or indirectly into TNWs. Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): ? Tributary waters: linear feet width (ft). ? Other non-wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ? Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ? Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: ? Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ? Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ? Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. Impoundments of jurisdictional waters! As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. ? Demonstrate that impoundment was created from "waters of the U.S.," or ? Demonstrate that water meets the criteria for one of the categories presented above (1-6), or ? Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):" 'See Footnote # 3. ' To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. ? which are or could be used by interstate or foreign travelers for recreational or other purposes. from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ? which are or could be used for industrial purposes by industries in interstate commerce. Interstate isolated waters. Explain: ? Other factors. Explain: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: linear feet width (ft). Other non-wetland waters: acres. Identify type(s) of waters: ? Wetlands: acres. F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ? If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). ? Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: ? Other: (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ? Non-wetland waters (i.e., rivers, streams): linear feet width (ft). ? Lakes/ponds: acres. ? Other non-wetland waters: acres. List type of aquatic resource: ? Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): Non-wetland waters (i.e., rivers, streams): linear feet, width (ft). ? Lakes/ponds: acres. ? Other non-wetland waters: acres. List type of aquatic resource: ? Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ® Office concurs with data sheets/delineation report. ? Office does not concur with data sheets/delineation report. ? Data sheets prepared by the Corps: ? Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: ? USGS NHD data ? USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name:Charlotte East and Weddington, North Carolina, 1991 and 1998 respectively. ? USDA Natural Resources Conservation Service Soil Survey. Citation: Mecklenburg County. ? National wetlands inventory map(s). Cite name: ? State/Local wetland inventory map(s): ? FEMA/FIRM maps: ? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: ? Aerial (Name & Date): or ® Other (Name & Date): See attached report. ? Previous determination(s). File no. and date of response letter: ? Applicable/supporting case law: ? Applicable/supporting scientific literature: ? Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: pGlr'eV wod 11?? APPROVED JURISDICTIONAL DETERMINATION FORM w?lr? S I?/T , F U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): March 19, 2009 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Ashville Field Office C. PROJECT LOCATION AND BACKGROUND INFORMATION: McAlpine Creek Environmental Restoration Project, Charlotte, NC - Perennial RPW Stream C and Wetlands AA-EE State:NC County/parish/borough: Mecklenburg City: Charlotte Center coordinates of site (]at/long in degree decimal format): Lat. 35.132301 N, Long. 80.77371 ° W. Universal Transverse Mercator: Name of nearest waterbody: McAlpine Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: McAlpine Creek Name of watershed or Hydrologic Unit Code (HUC): 03050103 Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. ? Check if other sites (e.g., offsite mitigation sites, disposal sites, etc... ) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: March 19, 2009 ® Field Determination. Date(s): May 21, 2008 / August 12, 2008 / August 14, 2008 SECTION H: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] ? Waters subject to the ebb and flow of the tide. ? Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] L Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): ? TNWs, including territorial seas ? Wetlands adjacent to TNWs ® Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs ? Non-RPWs that flow directly or indirectly into TNWs ? Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ® Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ? Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ? Impoundments of jurisdictional waters ? Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non-wetland waters: 5,2681inear feet: 15-30width (ft) and/or 2.72 acres. Wetlands: 2.38 acres. c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):3 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: ' Boxes checked below shall be supported by completing the appropriate sections in Section III below. 2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). s Supporting documentation is presented in Section HIT. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section M.D.I. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and and Section HI.D.l.; otherwise, see Section HI.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section HI.B.1 for the tributary, Section HI.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section HI.C below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Pick List Drainage area: Pick List Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ? Tributary flows directly into TNW. ? Tributary flows through Pick List tributaries before entering TNW. Project waters are Pick List river miles from TNW. Project waters are Pick List river miles from RPW. Project waters are Pick List aerial (straight) miles from TNW. Project waters are Pick List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNWs: Tributary stream order, if known: 4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. ]y): (b) General Tributary Characteristics (check all that E ply): Tributary is: ? Natural ? Artificial (man-made). Explain: ? Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Pick List. Primary tributary substrate composition (check all that apply): ? Silts ? Sands ? Concrete ? Cobbles ? Gravel ? Muck ? Bedrock ? Vegetation. Type/% cover: ? Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain Presence of run/riffle/pool complexes. Explain: Tributary geometry: Pick List Tributary gradient (approximate average slope): % (c) Flow: Tributary provides for: Pick List Estimate average number of flow events in review area/year: Pick List Describe flow regime: Other information on duration and volume: Surface flow is: Pick List. Characteristics: Subsurface flow: Pick List. Explain findings: ? Dye (or other) test performed: hydric soil indicators. Tributary has (check all that apply): ? Bed and banks ? OHWM6 (check all indicators that apply): ? clear, natural line impressed on the bank ? ? changes in the character of soil ? ? shelving ? ? vegetation matted down, bent, or absent ? ? leaf litter disturbed or washed away ? ? sediment deposition ? ? water staining ? ? other (list): ? Discontinuous OHWM.7 Explain the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): ? High Tide Line indicated by: ? Mean High Water Mark indicated by: ? oil or scum line along shore objects ? survey to available datum; ? fine shell or debris deposits (foreshore) ? physical markings; ? physical markings/characteristics ? vegetation lines/changes in vegetation types. ? tidal gauges ? other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 7Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ? Riparian corridor. Characteristics (type, average width): ? Wetland fringe. Characteristics: ? Habitat for: ? Federally Listed species. Explain findings: ? Fish/spawn areas. Explain findings: ? Other environmentally-sensitive species. Explain findings: ? Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: herbaceous. Wetland quality. Explain: natural wetland, no disturbances. Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Pick List. Explain: wetland is adjacent to a perennial stream. Surface flow is: Pick List Characteristics: weak surface flow. Subsurface flow: Pick List. Explain findings: N/A. ? Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: ? Directly abutting ? Not directly abutting ? Discrete wetland hydrologic connection. Explain: ? Ecological connection. Explain: ? Separated by bern/barrier. Explain: (d) Proximitv (Relationship) to TNW Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ? Riparian buffer. Characteristics (type, average width): . ? Vegetation type/percent cover. Explain:. ? Habitat for: ? Federally Listed species. Explain findings: ? Fish/spawn areas. Explain findings: ? Other environmentally-sensitive species. Explain findings: ? Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pick List Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: Q TNWs: linear feet width (ft), Or, acres. ? Wetlands adjacent to TNWs: acres. RPWs that flow directly or indirectly into TNWs. ® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Stream C (McAlpine Creek) is approximately 5,268 linear feet in length (Figure 1, enclosed). Stream C was evaluated to be perennial and exhibited a strong bed and bank, strong riffle-pool sequences, average ordinary high water widths of 15-30 feet, strong flow during drought conditions, and substrate consisting of silt to medium gravel with a few larger cobbles and boulders. Biological sampling within Stream C resulted in a strong presence of crayfish, fish, amphibians, and macrobenthic invertebrates. Stream C also had a moderate presence of filamentous algae and iron oxidizing bacteria. Due to the evidence of typical year round flow, Stream C was classified as a relatively permanent water (RPW) according to USACE/EPA guidance. Perennial RPW Stream C scored 61 out of a possible 100 points on the USACE Stream Quality Assessment Worksheet and scored 51 out of 71 possible points on the NCDWQ Stream Classification Form, indicating perennial status (SCP3, enclosed). . ? Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): ® Tributary waters: 5,268 linear feetl5-30width (ft). ? Other non-wetland waters: acres. Identify type(s) of waters: Non-RPWsa that flow directly or indirectly into TNWs. ? Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): ? Tributary waters: linear feet width (ft). ? Other non-wetland waters: acres. Identify type(s) of waters: Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ? Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ? Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: ? Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section 111.13 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: 2.38acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ? Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters .9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. ? Demonstrate that impoundment was created from "waters of the U.S.," or ? Demonstrate that water meets the criteria for one of the categories presented above (1-6), or ? Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):ro "See Footnote # 3. ' To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. ? which are or could be used by interstate or foreign travelers for recreational or other purposes. ? from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ? which are or could be used for industrial purposes by industries in interstate commerce. ? Interstate isolated waters. Explain: ? Other factors. Explain: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): ? Tributary waters: linear feet width (ft). ? Other non-wetland waters: acres. Identify type(s) of waters: ? Wetlands: acres. F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ? If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. ? Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ? Prior to the Jan 2001 Supreme Court decision in "S1VANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). ? Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: ? Other: (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ? Non-wetland waters (i.e., rivers, streams): linear feet width (ft). Lakes/ponds: acres. ? Other non-wetland waters: acres. List type of aquatic resource: ? Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): ? Non-wetland waters (i.e., rivers, streams): linear feet, width (ft). ? Lakes/ponds: acres. ? Other non-wetland waters: acres. List type of aquatic resource: Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ® Office concurs with data sheets/delineation report. ? Office does not concur with data sheets/delineation report. ? Data sheets prepared by the Corps: ? Corps navigable waters' study: ? U.S. Geological Survey Hydrologic Atlas: ? USGS NHD data. ? USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name:Charlotte East and Weddington, North Carolina, 1991 and 1998 respectively. USDA Natural Resources Conservation Service Soil Survey. Citation: Mecklenburg County. ? National wetlands inventory map(s). Cite name: ? State/Local wetland inventory map(s): ? FEMA/FIRM maps: ? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. ® Photographs: ? Aerial (Name & Date): or ® Other (Name & Date): See attached report. ? Previous determination(s). File no. and date of response letter: ? Applicable/supporting case law: ? Applicable/supporting scientific literature: [] Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: PeccKvveO RN S beam D APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): March 19, 2009 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Ashville Field Office C. PROJECT LOCATION AND BACKGROUND INFORMATION: McAlpine Creek Environmental Restoration Project, Charlotte, NC - Perennial RPW Stream D State:NC County/parish/borough: Mecklenburg City: Charlotte Center coordinates of site (lat/long in degree decimal format): Lat. 35.13230° N, Long. 80.77371° W. Universal Transverse Mercator: Name of nearest waterbody: McAlpine Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: McAlpine Creek Name of watershed or Hydrologic Unit Code (HUC): 03050103 ® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. ? Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: March 19, 2009 ® Field Determination. Date(s): May 21, 2008 / August 12, 2008 / August 14, 2008 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] ? Waters subject to the ebb and flow of the tide. ? Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): i ? TNWs, including territorial seas ? Wetlands adjacent to TNWs Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs Non-RPWs that flow directly or indirectly into TNWs ? Wetlands directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ? Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ? Impoundments of jurisdictional waters ? Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non-wetland waters: 6461inear feet: 15-20width (f4) and/or 0.26 acres. Wetlands: acres. c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):; ? Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: 'Boxes checked below shall be supported by completing the appropriate sections in Section III below. ' For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). ' Supporting documentation is presented in Section MY. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section IH.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.l.; otherwise, see Section III.B below. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent' B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section HI.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.C below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Pick List Drainage area: Pick List Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ? Tributary flows directly into TNW. ? Tributary flows through Pick List tributaries before entering TNW. Project waters are Pick List river miles from TNW. Project waters are Pick List river miles from RPW. Project waters are Pick List aerial (straight) miles from TNW. Project waters are Pick List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNW5: Tributary stream order, if known: `Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. 5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. (b) General Tributary Characteristics (check all that apply): Tributary is: ? Natural ? Artificial (man-made). Explain: ? Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Pick List. Primary tributary substrate composition (check all that apply): ? Silts ? Sands ? Cobbles ? Gravel ? Bedrock ? Vegetation. Type/% cover: ? Other. Explain: ? Concrete ? Muck Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riffle/pool complexes. Explain: Tributary geometry: Pick List Tributary gradient (approximate average slope): % (c) Flow: Tributary provides for: Pick List Estimate average number of flow events in review area/year: Pick List Describe flow regime: Other information on duration and volume: Surface flow is: Pick List. Characteristics: Subsurface flow: Pick List. Explain findings: ? Dye (or other) test performed: hydric soil indicators. Tributary has (check all that apply): ? Bed and banks ? OHWM6 (check all indicators that apply): ? clear, natural line impressed on the bank ? ? changes in the character of soil ? ? shelving ? ? vegetation matted down, bent, or absent ? ? leaf litter disturbed or washed away ? ? sediment deposition ? ? water staining ? ? other (list): ? Discontinuous OHWM.7 Explain: the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): ? High Tide Line indicated by: ? Mean High Water Mark indicated by: ? oil or scum line along shore objects ? survey to available datum; ? fine shell or debris deposits (foreshore) ? physical markings; ? physical markings/characteristics ? vegetation lines/changes in vegetation types. ? tidal gauges ? other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ? Riparian corridor. Characteristics (type, average width): ? Wetland fringe. Characteristics: ? Habitat for: ? Federally Listed species. Explain findings: ? Fish/spawn areas. Explain findings: ? Other environmentally-sensitive species. Explain findings: ? Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: herbaceous. Wetland quality. Explain: natural wetland, no disturbances. Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Pick List. Explain: wetland is adjacent to a perennial stream. Surface flow is: Pick List Characteristics: weak surface flow. Subsurface flow: Pick List. Explain findings: N/A. ? Dye (or other) test performed: (c) Wetland Adiacency Determination with Non-TNW: ? Directly abutting ? Not directly abutting ? Discrete wetland hydrologic connection. Explain: ? Ecological connection. Explain: ? Separated by benn/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ? Riparian buffer. Characteristics (type, average width): . ? Vegetation type/percent cover. Explain: . ? Habitat for: ? Federally Listed species. Explain findings: ? Fish/spawn areas. Explain findings: ? Other environmentally-sensitive species. Explain findings: ? Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pick List Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ? TNWs: linear feet width (ft), Or, acres. Wetlands adjacent to TNWs: acres. RPWs that flow directly or indirectly into TNWs. ® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Stream D is approximately 646 linear feet in length (Figure 1, enclosed). Stream D was evaluated to be perennial and exhibited strong bed and banks, average ordinary high water widths of 15-20 feet, moderate flow during drought conditions, and substrate consisting of silt, coarse sand, gravel and cobbles. Biological sampling within this portion of Stream D resulted in a moderate presence of crayfish and amphibians and a weak presence of fish and macrobenthic invertebrates. Due to the evidence of typical year round flow, Stream D was classified as a relatively permanent water (RPW) according to USACE/EPA guidance. Perennial RPW Stream D scored 50 out of a possible 100 points on the USACE Stream Quality Assessment Worksheet and scored 40 out of 71 possible points on the NCDWQ Stream Classification Form, indicating perennial status (SCP4, enclosed). A photograph of Perennial RPW Stream D is enclosed as Photograph B.. ? Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): ® Tributary waters: 646 linear feet0.26width (ft). Other non-wetland waters: acres. Identify type(s) of waters: 3. Non-RPWss that flow directly or indirectly into TNWs. ? Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): ? Tributary waters: linear feet width (ft). ? Other non-wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ? Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ? Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: ? Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ? Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. Impoundments of jurisdictional waters.' As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. ? Demonstrate that impoundment was created from "waters of the U. S.," or ? Demonstrate that water meets the criteria for one of the categories presented above (1-6), or ? Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):" 8See Footnote # 3. 9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction FoRowingRapanos. ? which are or could be used by interstate or foreign travelers for recreational or other purposes. ? from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ? which are or could be used for industrial purposes by industries in interstate commerce. Interstate isolated waters. Explain: ? Other factors. Explain: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): ? Tributary waters: linear feet width (ft). ? Other non-wetland waters: acres. Identify type(s) of waters: ? Wetlands: acres. F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ? If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. ? Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). ? Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: ? Other: (explain, if not covered above): Provide acreage estimates for non-jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ? Non-wetland waters (i.e., rivers, streams): linear feet width (ft). ? Lakes/ponds: acres. ? Other non-wetland waters: acres. List type of aquatic resource: ? Wetlands: acres. Provide acreage estimates for non-jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): ? Non-wetland waters (i.e., rivers, streams): linear feet, width (ft). ? Lakes/ponds: acres. ? Other non-wetland waters: acres. List type of aquatic resource: ? Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply -checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ® Office concurs with data sheets/delineation report. ? Office does not concur with data sheets/delineation report. ? Data sheets prepared by the Corps: ? Corps navigable waters' study: ? U.S. Geological Survey Hydrologic Atlas: ? USGS NHD data. ? USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name:Charlotte East and Weddington, North Carolina, 1991 and 1998 respectively. ® USDA Natural Resources Conservation Service Soil Survey. Citation: Mecklenburg County. ? National wetlands inventory map(s). Cite name: ? State/Local wetland inventory map(s): ? FEMA/FIRM maps: ? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ? Aerial (Name & Date): or ® Other (Name & Date): See attached report. ? Previous determination(s). File no. and date of response letter: ? Applicable/supporting case law: ? Applicable/supporting scientific literature: ? Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: McAlpine Creek Environmental Restoration July 16, 2009 Nationwide Permit Nos. 3, 27, and 33 CWS Project No. 2008-2223 Photograph A. View of Important Intermittent Seasonal RPW Stream A, facing downstream. Photograph B. View of Perennial RPW Stream D, facing upstream. McAlpine Creek Environmental Restoration July 16, 2009 Nationwide Permit Nos. 3, 27, and 33 CWS Proiect No 2008-2223 ------------ - "W .u r. RM ? t ry _ t -„q, q„ .+. ? ?.gW n 'tom dir,? ?; ". r ?,N.y Z lei +H ? $' wed' ?f J r' - _?' $o y?-e a x F a ? •Y ^?,, y e'.r y$ . , y " Ls yea ? ? ¢ ? Y W l w ?r? Yl . A $ '.? A 4u }" Photograph C. View of Wetland AA at DP3, facing northeast. 3 ? f ,.+l'r 71 ISM, s. i ?. r Photograph D. View of Wetland CC at DP5, facing northeast. McAlpine Creek Environmental Restoration July 16, 2009 Nationwide Permit Nos. 3 27, and 33 CWS Pro'ect No. 2008-2223 ruOwg,apn r. view of wetland LE at DP7, tacing northwest. Fnotograph E. View of Wetland DD at DP4, facing northwest. McAlpine Creek Environmental Restoration July 16, 2009 Nationwide Permit Nos. 3, 27, and 33 CWS Proicct No 2008-2223 .?a. SWp y North Carolina Department of Cultural Resources State Historic Preservation Office Peter B. Sandbeck, Administrator Michael F. Easley, Governor Usbeth C. Evans, Secretary Jeffrey J. Crow, Deputy Secretary July 21, 2008 Paul Bright Carolina Wetland Services 550 East Westinghouse Blvd. Charlotte, NC 28273 Office of Archives and History Division of Historical Resources David Brook, Director Re: McAlpine Creek Greenway Trail, Charlotte, Mecklenburg County, ER 08-1420 Dear Mr. Bright: Thank you for your letter of June 9, 2008, concerning the above project. We have conducted a review of the proposed undertaking and are aware of no historic resources that would be affected by the project. Therefore, we have no comment on the undertaking as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579. In all future communication concerning this project, please cite the above referenced tracking number. Peter Sandbeck 61P1e? Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 North Carolina lviichael F. Easley, Governor June 18, 2008 Mr. Paul A. Bright Carolina Wetland Services 550 E. Westinghouse Blvd. Charlotte, NC 28273 Subject: McAlpine Creek Greenway; Charlotte, Mecklenburg County CWS Project No. 2008-2223 D.cu jVU . 'BrigInt. V1?Alliam G. Ross Jr., Secretary The Natural Heritage Program has no record of rare species, significant natural communities, significant natural heritage areas, or conservation/managed areas at the site nor within a mile of the project area. 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.ncnhp.org for a listing of rare plants and animals and significant natural communities in the county and on the quad map. Our Program also has a new website that allows users to obtain information on element occurrences and significant natural heritage areas within two miles of a given location: <http://nhpweb.enr.state.nc.us/nliis/public/gmap75_main.phtml>. The user name is "public" and the password is "heritage". You may want to click "Help" for more info-nation. NC OneMap now provides digital Natural Heritage data online for free. This service provides site specific info-nation on GIS layers with Natural Heritage Program rare species occurrences and Significant Natural Heritage Areas. The NC OneMap website provides Element Occurrence (EO) ID numbers (instead of species_name), and the data user is then. encouraged to contact_the Natural Heritage Program for detailed information. This service allows the user to quickly and efficiently get site specific NHP data without visiting the NHP workroom or waiting for the Information Request to be answered by NHP staff. For more information about data formats and access, visit <ww<w.nconemap.com>, then click on "FTP Data Download", and then "nheo.zip" [to the right of "Natural Heritage Element Occurrences"]. You may also e-mail NC OneMap at <datagnn.ncmail.net> for more information. Please do-not hesitate to contact me at-9.1-9-71-5-86-9-7-if you-have questions or need further-information. - Sincerely, ??,7 f. 2??--I '- - Harry E. LeGrand, Jr., Zoologist Natural Heritage Program 1601 Mail Ser`llce Center, Raleigh, Borth Carolina 27609-1601 Rhone: 919-733-4984A 1 FAX: 919-716-60601 Internet: m .enr.stata.nc.us1ENR/ An Equal Opportunity 1 Affirmative Action Employer - 50 % Recycled 150 % Post Consumer Paper tqe Ca®ffiia r ia `? McAlpine Creek N Sardis Road to Providence Road Site Specific Mitigation Plan Prepared for: Mitigation Bank Review Team c/o Charlotte Stormwater Services 600 East 4th Street Charlotte, NC 28202 Attn: Mr. Jarrod Karl (704) 432-0966 jkarl@ci.charlotte.nc.us Charlotte-Mecklenburg STORM WATER Services Status: Revised Draft (abridged for PCN) Submission Date: July, 2009 Prepared by: Tim Schueler, PE McKim & Creed, PA 1730 Varsity Drive, Suite 500 Raleigh, NC 27606 Attn: Tim Schueler, PE, Project Manager (919) 233-8091 tchueler@mckimcreed.com MCE#: 01274-0019 McKim & Creed, PA July, 2009 y M A TABLE OF CONTENTS 1.0 INTRODUCTION AND BACKGROUND ................................................................. 5 1.1 Project Location ...................................................................................................... 5 1.2 Design Goals and Objectives .................................................................................. 6 . 1.3 Ownership of Bank Lands ...................................................................................... 6 1.4 Project Partners ....................................................................................................... 7 1.5 Existing Site Conditions .......................................................................................... 9 1.5.1 Watershed History .......................................................................................... 9 1.5.2 Watershed Geology ....................................................................................... 10 1.5.3 Watershed Soils ............................................................................................. 10 1.5.4 Cultural Resources ........................................................................................ 11 1.5.5 Potentially Hazardous Environmental Sites .................................................. 11 1.5.6 Wetlands ....................................................................................................... 11 1.5.7 Vegetation ..................................................................................................... 12 1.5.8 Threatened and Endangered Species ............................................................. 12 1.6 Existing Stream Physical and Geomorphic Descriptions ...................................... 13 1.6.1 Main Stem ..................................................................................................... 13 1.6.2 Tributary SR2 ................................................................................................ 14 1.6.3 Tributary SR3 ................................................................................................ 14 1.7 Biological Assessment .......................................................................................... 14 1.7.1 Mecklenburg Habitat Assessment Protocol ................................................... 14 1.7.2 Fish and Macroinvertebrates ......................................................................... 15 1.7.3 Fecal Coliform ............................................................................................... 16 1.8 Constraints ........................................................................................................... 16 1.8.1 Property Owners ........................................................................................... 16 1.8.2 FEMA/Hydrologic Trespass .......................................................................... 17 1.8.3 Construction Access ...................................................................................... 17 2.0 MITIGATION DESIGN PLANS ............................................................................... 18 2.1 Stream Restoration ............................................................................................... 18 2.2 Wetland Design .................................................................................................... 19 2.2.1 SW1 Wetland Creation and Preservation ...................................................... 19 2.2.2 SW5 Wetland Preservation ............................................................................ 19 3.0 PRESERVATION MECHANISMS ........................................................................... 20 4.0 ACCOUNTING INFORMATION ............................................................................ 20 4.1 Anticipated Credits .............................................................................................. 20 4.2 Phasing ................................................................................................................. 20 4.2.1 Pre-Construction Phase ................................................................................. 20 4.2.2 General Construction Sequence ..................................................................... 21 4.3 Accounting and Financial Assurances .................................................................. 21 McKim & Creed, PA July, 2009 2 4.4 Preliminary Title Opinion ..................................................................................... 22 5.0 SUCCESS CRITERIA ................................................................................................ 24 5.1 Channel Stability Success ........................................ Error! Bookmark not defined. 5.2 Vegetative Success ...................................................Error! Bookmark not defined. 6.0 MONITORING PLAN ............................................................................................. 25 6.1 Pre-Construction Monitoring ............................................................................... 25 6.2 Post Construction As-built Plans .......................................................................... 25 6.3 Long-term Monitoring .......................................................................................... 26 7.0 MONITORING METHODS ..................................................................................... 27 7.1 Vegetation Monitoring ......................................................................................... 27 7.2 Biological Monitoring ........................................................................................... 27 7.3 Water Quality Monitoring .................................................................................... 28 7.4 Wetland Monitoring ............................................................................................. 28 8.0 MAINTENANCE ISSUES ........................................................................................ 30 9.0 LONG TERM MANAGEMENT PLAN .................................................................... 30 Tables Table 1: Project Partnership by Construction Cost Responsibility ..................................................................... 8 Table 2: Component Summations for Entire Project ......................................................................................... .. 8 Table 3: Component Summations for Main Stem Only* .................................................................................. .. 8 Table 4: Component Summations for Tributary Projects Only* ....................................................................... .. 8 Table 5: Individual Project Components ....................................................................... 9 ..................................... Table 6: Project Area Soil T e .. yp .......................................................................................................................... 10 Table 7: Waters, Wetlands and Stream Classification / Stream Quality Assessment Scoring* ........................ 12 Table 8: Habitat Data ......................................................................................................................................... 15 Table 9: Biotic Data ........................................................................................................................................... 16 Table 10: Fecal Coliform Data for McAlpine Creek (2003-2006) ...................................................................... 16 Table 11: Proposed Mitigation Credits .............................................................Error! Bookmark not defined. Table 12: Credit Release Schedule for Stream Restoration ...............................Error! Bookmark not defined. Table 13: Credit Release Schedule for Wetland Enhancement ..........................Error! Bookmark not defined. Table 14: Title Opinion and Easement Summary ............................................................. . 23 . .............................. Table 15: As-built Requirements ....................................................................................................................... Table 16: Levels of Required Monitoring 26 26 ........................................................................................................... Table 17: Location T e and Schedule for M it i , yp , on or ng .................................................................................... 29 Mavs Map 1: Vicinity Map Map 2: Cross Section Locations Map 3: NRCS Soils McKim & Creed, PA July, 2009 3 Appendices Appendix A.1: Natural Channel Design Information Appendix A.2: SR 2 Reference Reach Stream Data Appendix A.3: SR 2 Impaired Reach Stream Data Appendix A.4: SR 3 Impaired Reach Stream Data Appendix A.S: Main Stem Impaired Reach Data Appendix A.6: Main Stem Reference Reach Data (Edwards Branch) Appendix A.7: Natural Resources Inventory (Carolina Wetland Services) Appendix A.8: Existing Conditions Survey Appendix B.1: Drainage Area Map Appendix B.2: Hydrology HEC-HMS Computations (RCN's, Tc's, Etc) Appendix B.3: Other Hydrologic Estimation Methods Appendix C.1: Existing Conditions HEC-RAS Data Appendix C.2: Proposed Conditions HEC-RAS Data Appendix D: SW1/SW4 Design Appendix E: SR2 and SR3 Dimensionless Design Appendix F: Bank Erosion, Competency and Sediment Transport Appendix G.1: Easement Map Appendix G.2: Easement Information Appendix H: EDR Reports Appendix I: Umbrella Stream and Wetland Mitigation Bank General Provisions Appendix J: 2007 Concept Report Appendix K: CWMTF Grant Information Appendix L: Monitoring Protocol Appendix M: References McKim & Creed, PA July, 2009 4 1.0 INTRODUCTION AND BACKGROUND On June 16, 2004 Charlotte Mecklenburg Storm Water Services (CMSWS) entered into a Mitigation Banking Instrument (MBI) with the U.S. Army Corps of Engineers (USAGE), the Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (USFWS), the North Carolina Wildlife Resources Commission (NC WRC), and the North Carolina Division of Water Quality (NC DWQ), collectively referred to as the Mitigation Bank Review Team (MBRT), to establish a Mitigation Bank. This bank is to perform as an umbrella mitigation bank to provide "compensatory mitigation for unavoidable stream and wetland impacts permitted by the USACE and the NC DWQ" (USAGE, 2004). The use of this Bank is limited to the City of Charlotte and when determined appropriate Mecklenburg County and the Charlotte - Mecklenburg Schools. To meet requirements set forth by the MBI, CMSWS would like to request the approval by the MBRT of the Site Specific Mitigation Plan (SSMP) for the McAlpine Environmental Restoration Project (Sardis to Providence Roads) in Charlotte, North Carolina. CMSWS is requesting to include the proposed restoration and enhancement of 4,930 linear feet (LF) of stream and restoration and preservation of 2.77 acres of wetland along McAlpine Creek and two contributing tributaries into the Umbrella Bank on which this agreement is established and result in credits available for use to compensate for permitted and unavoidable stream and wetland impacts. 1.1 Project Location This Charlotte project is located within the Catawba River Basin within the NC DWQ sub-basin 03-08-34 and in the United States Geologic Survey (USGS) hydrologic unit 03050103. Specifically, this project is located on the McAlpine Creek main stem and adjacent watershed for the section of McAlpine Creek between Sardis and Providence Roads (see Map 1 "Vicinity Map" under Maps section). It is bounded upstream by Sardis Road and downstream by Providence Road. The southern edge of the project (stream left as one looks downstream) is defined by several City rights of way including Old Bell Road. The northern edge of the project (stream right) is defined by several City rights of way including Valleybrook Drive. Coordinates for the upstream limit and downstream limit of project work, respectively are 35° 08' 14.30" N, 80° 46' 04.64"W and 35° 07' 42.44" N, 80° 46' 51.76"W. The project consists of the following: ¦ 5,020 feet of stream work along the main stem (denoted as MS); McKim & Creed, PA July, 2009 5 ¦ 2,780 feet of restoration along tributaries to main stem (denoted as SR2 and SR3); ¦ 0.20 acres of wetland restoration and 1.28 acres of wetland preservation (denoted as SW1); ¦ 1.29 acres of wetland preservation (denoted as SW5). 1.2 Design Goals and Objectives All surface waters in North Carolina must at least meet the standards for Class C waters (fishable, swimmable). McAlpine Creek is listed as Class C waters. To that end, primary goals of this SSMP are: • Improve water quality by reducing total suspended solids (TSS) and nutrient loading • Reduce structural flooding downstream • Improve and restore hydrologic connection to floodplains • Restore aquatic and terrestrial habitat • Enhance recreational and educational opportunities • Provide flood water storage • Create mitigation credit To accomplish these goals, existing incised, eroding, and channelized sections of the McAlpine mainstem (MS) and associated tributaries between Sardis and Providence Roads will be geomorphologically stabilized while coordinating environmental improvements with Charlotte Mecklenburg Utilities (CMU) and private landowners. Wetland restoration and enhancement, flood mitigation and water quality projects are also slated for construction on the McAlpine floodplain within the project area. The construction of these facilities along with environmental work by others will help allow for the eventual 'de-listing' of this portion of McAlpine Creek from the North Carolina Department of Water Quality (DWQ) 303(d) list for excessive fecal coliform colonies, excess turbidity and general impairment of biologic activities. 1.3 Ownership of Bank Lands CMSWS will hold conservation easements, in perpetuity, on all Bank Sites within the project area (McAlpine Creek between Sardis and Providence Roads) as deemed appropriate by the MBRT. Conservation easements will allow CMSWS to preserve, maintain, and protect the Bank Sites. Any activity that does not retain the ultimate goal of the Bank will be prohibited. As stated in the MBI, Bank Lands must be free of all liens and/or encumbrances that may interfere with preservation and/or legal McKim & Creed, PA July, 2009 6 constraints in relation to conservation easements (see Easement Exhibit Under Appendix G.1). The General Provisions Section of CMSWS's MBI includes additional clarification (Appendix I). Specifically, conservation mechanisms are categorized as follows: McAlpine Mainstem (MS): Private and County land easements will be held by the City of Charlotte with easements designated for either Clean Water Management Trust Fund (CWMTF) use or for Mitigation Bank use. Note that CWMTF easement areas are not part of this SSMP request and are funded separately whereas 'Mitigation Bank' easement areas are part of this SSMP. Easement areas for CWMTF use may be recorded as true easement maps or recorded without mapping as 'declarations of conservation easement' depending on location. All easements for mitigation use will be mapped. See Appendix G for more detail. Tributary Work (SR2, SR3, SW1, SW4 and SW5): Private/County land easement will be held by City of Charlotte with mapped easements designated as "Mainstem", "SR2" etc. See Appendix G for more detail. 1.4 Project Partners The entire project will be built by three project partners: the City of Charlotte, Mecklenburg County and the Clean Water Management Trust Fund (CWMTF). A summary of partner participation by construction dollars is listed under Table 1. The mainstem portion is being 60% financed by CWMTF and therefore the first 3,200' of mainstem stream work was not considered eligible for mitigation banking. Therefore, this SSMP does not include mitigation banking request for the mainstem work from Sardis Road (00+00) to approximate main stem station 32+00; only the remaining 2,150 feet of work was considered under this SSMP. This project is projected to start construction in October of 2009 and be complete by December of 2010. A summary of major project components can be found in Table 2, Table 3, Table 4, and Table 5. McKim & Creed, PA July, 2009 7 Table 1: Project Partnership by Construction Cost Responsibility Partner Project Area Cost Percent of total All wetland areas, City of Charlotte water quality areas $1 114 000* 44% and tributary , , stream restoration Mecklenburg Mainstem stream County restoration $555,000** 22% Clean Water Management Trust Mainstem stream $845,000** 34% Fund restoration TOTAL $2,514,000 100% *based on 90% plans engineer's cost estimate; "d edicated funding Table 2: Component Summations for Entire Project Restoration Level FT/AC Stream Restoration 4,370' Stream Enhancement 560' Wetland Creation 0.20 ac Wetland Preservation 2.57 ac Totals 4,93072.77 ac Table 3: Component Summations for Main Stem Only* Restoration Level FT/AC Stream Restoration 1,590' Stream Enhancement 560' Totals 2,150' *Mecklenburg portion only, no CWMTF work Table 4. Component Summations for Tributary Projects Only* Restoration Level F[YAC Stream Restoration 2,780' Wetland Creation 0.20 ac Wetland Preservation 2.57 ac Totals 2,780'12:77 ac *City of Charlotte Notes Work not part of SSMP McKim & Creed, PA July, 2009 8 Table 5: Individual Project Components Reach ID Rest. Level Approach Prop. LF/AC Prop' Stationing MS* Reach I Restoration Priority 3 240' 32+00 to 34+40 MS Reach II Restoration Priority 3 510' 34+40 to 39+50 MS Reach III Restoration Priority 3 450' 39+50 to 44+00 MS Reach W Enhancement I Priority 3 560' 44+00 to 49+60 MS Reach V Restoration Priority 3 390' 49+60 to 53+50 Mainstem subtotal 2,150' SR2** Reach I Restoration Priority 2 300' 00+00 to 03+00 SR2 Reach II Restoration Priority 2 460' 03+00 to 07+60 SR2 Reach III Restoration Priority 1 1475' 07+60 to 22+35 SR2 Reach IV Restoration Priority 2 175' 00+00 to 01+75 SR3 Restoration Priority 1 370' 00+00 to 03+70 Tributary subtotal 2,780' SWl*** temporal Wetland and vernal pools Restoration na 0.20 ac na SW1 ex wetlands Wetland na 1.28 ac na Preservation SW5 Wetland na 1.29 ac na Preservation TOTAL 4,930'/ 2.77 ac *MS--main stem, **SR=stream reach, ***SW=stormwater 1.5 Existing Site Conditions 1.5.1 Watershed History Environmental stresses to riparian and in-stream habitat along the main stem of McAlpine Creek, as well as the tributaries feeding the main stem between Sardis and Providence Road, have been caused by increased watershed imperviousness due to development of the Charlotte metropolitan area. A chronology of topography maps in the Environmental Data Resources, Incorporated (EDR) report, Appendix H shows this trend. The majority of development for the 40.1 square mile drainage area to McAlpine Creek has occurred without adequate stormwater controls. The most recent land use change information available shows an increase in 'urban' land use by 50% in the Catawba drainage basin from 1982 to 1992 (NC DWQ 2004). McKim & Creed, PA July, 2009 9 1.5.2 Watershed Geology The project site is located in an urbanized portion of the Southern Piedmont Physiographic Province. It is characterized by broad, gently rolling inter- stream areas and by steeper slopes along the drainage ways. The historic dendritic drainage patterns of the watershed have been substantially replaced by curb and gutter stormwater drainage systems. Likewise, the normally broad alluvial valleys have been narrowed due to the encroachment of residential and commercial development and associated transportation systems. 1.5.3 Watershed Soils The soil within the study area as identified by the National Resources Conservation Service (NRCS) soil maps as primarily loam with sandy clay loam present in the upland areas (see Map 3). The predominate soil type encompassing the McAlpine Creek corridor is Monacan loam which qualifies as a Hydrologic Soil Group (HSG) class "C" soil. The Monacan soil series is characterized by relatively deep soils, somewhat poorly drained with moderate permeability rates with hydric inclusions. Table 6 provides a list of soils identified at their respective project locations and specifies their hydric soil classification as determined by the NRCS national hydric soil list. Refer to Map 3 "NRCS Soils" for a depiction of these soil boundaries. Table 6. Project Area Soil Type Project Area Soil Type Description HSG Hydric Soil Main stem MO Monacan loam C Y MO Monacan loam C Y WkD Wilkes loam C N SR 2 WkE Wilkes loam C N HeB Helena sandy loam C Y MeB Mecklenburg sandy loam C N SR 3 WkE Wilkes loam C N MO Monacan loam C Y MO Monacan loam C Y SW 1 WkE Wilkes loam C N SW 4 MO Monacan loam C Y WuD Wilkes loam C N MO Monacan loam C Y SW 5 WkE Wilkes loam C N Source: NRCS McKim & Creed, PA July, 2009 10 1.5.4 Cultural Resources Carolina Wetland Services (CWS) served as a subconsultant to McKim & Creed and coordinated with the NC State Historic Preservation Office (SHPO) for cultural and archeological information of relevance for each site. CWS forwarded a letter to SHPO on June 9, 2008. In a letter response dated July 21, 2008, SHPO responded that they are aware of no historic resources on the site. Therefore, the agency had no comment on the undertaking as proposed. See Appendix A.7 for copies of these letters. 1.5.5 Potentially Hazardous Environmental Sites McKim & Creed requested three EDR reports for this project on behalf of CMSWS. The first report was a Certified Sanborn Map Report. The second report was an EDR Radius Map with GeoCheck. The last report was an EDR Historical Topographic Map Report. The EDR report depicts what known environmental constraints are located within a one mile radius of the project focus. The reports indicate information available from existing federal, state and local government data bases for items such as superfund sites, wetlands and leaking underground storage tanks. Additionally, the reports contain topographic mapping of the area dating back to 1905. They also indicate the presence of leaking gas service station tanks well off site from any of the proposed project sites. No findings within the EDR reports affected site selection, or design. All three reports may be found under Appendix H. 1.5.6 Wetlands CWS delineated jurisdictional waters of the U.S. and wetlands in accordance with the most recent guidance of the USACE and NC DWQ. The results of the on-site field investigations conducted by CWS indicate that there are four jurisdictional stream channels, five jurisdictional wetland areas, two non- jurisdictional channels located within the property and one 'open water' pond (see Table 7 and Appendix A.7, Figure 1). Jurisdictional waters include McAlpine Creek and unnamed tributaries to McAlpine Creek. McKim & Creed, PA July, 2009 11 Table 7. Waters, Wetlands and Stream Classification / Stream Quality Assessment Scoring* Feature Classification USACE NC DWQ Score Score Main stem Jurisdictional Perennial RPW 61 Trib SR2 Jurisdictional Perennial RPW 53 Trib SR3 Jurisdictional Intermittent RPW 28 Adjacent to Perennial RPW Wetland AA n/a Wetland BB Adjacent to Perennial RPW n/a Wetland CC (SW5) Adjacent to Perennial RPW n/a Wetland DD Adjacent to Perennial RPW n/a Wetland EE Adjacent to Perennial RPW n/a 51 36.5 37 n/a n/a n/a n/a n/a Pond FF (open water: Adjacent to Perennial RPW n/a n/a SW4) *only lists Waters which pertain to work areas, see Appendix A.7 for a complete site list 1.5.7 Vegetation CWS tagged and identified 2,243 trees greater than twelve inches in diameter within the study area (trees were be tagged with numbered aluminum circular tags placed with aluminum nails). Tree size (diameter at breast height), species and relative health (excellent, good, fair, poor, and dead) were cataloged. All trees were mapped using a sub-meter GPS unit. CWS conducted a detailed survey of existing native and invasive vegetation which found that a large part of the flood plain (including the wetland area SW5 to be enhanced) to be lightly to moderately infested with invasive and exotic vegetation. The existing wetland area SW5 contains some infestation along its fringe but is otherwise dominated by natives. A complete description of the existing vegetation as well as all the trees tagged as part of CWS's survey can be found under Appendix A.7. 1.5.8 Threatened and Endangered Species CWS solicited information pertaining to threatened and endangered species, historic structures/areas, existing cemeteries and the like through use of documents such as US Fish and Wildlife Endangered Species, Threatened Species, Federal Species of Concern, and Candidate Species for Mecklenburg County, North McKim & Creed, PA July, 2009 12 Carolina. A letter was forwarded to the NC Natural Heritage Program on June 9, 2008. In response to this request, the Natural Heritage Program dated June 18, 2008 indicated that the agency has no record of rare species, significant natural communities, significant natural heritage areas or conservation/managed areas at the site or within a mile of the site. Response letter may be found under Appendix A.7. The Natural Heritage Program website and database were consulted and a protected species review was conducted to determine 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 property boundary. The review consisted of a literature and records search, and pedestrian observations performed by CWS biologists. Existing plants were identified to the taxonomic level necessary to determine whether the observed specimen is protected. Plant species identified in this report follow taxonomy described by Radford, et al; see Appendix A.7. No endangered or threatened species or critical habitat was observed within the project area during an onsite pedestrian survey. 1.6 Existing Stream Physical and Geomorphic Descriptions See Map 1 for locations of reaches described herein as well as a general description of bankfull natural channel design methodology under Appendix A.1. 1.6.1 Main Stem The main stem between Sardis and Providence Roads is perennial and is approximately 5,200 feet long has been dredged and straightened in the early part of the 201hcentury. It has characteristics of an 'improved' storm drainage channel, particularly in the upper part of the stream near Sardis Road. This portion of the mainstem has virtually no sinuosity, pattern or definable pools and all riffles are heavily embedded with sand and silt. Banks average 90 degrees or more and are mostly denuded. About halfway between Sardis and Providence Roads (proposed stream station 32+00), the stream does meander slightly and steepens which has exposed some bedrock. The quality of the riffle substrate, riffle/pool patterns etc are still poor but superior to the upstream portion. Stream classification is difficult to establish due to anthropological impacts but was best estimated as a transitional Rosgen E4/1-G4/1. Adjacent vegetation varies but generally is mature hardwood McKim & Creed, PA July, 2009 13 forest on stream left and cleared sanitary sewer and gas line right-of-way on stream right. Extensive detail regarding fieldwork for this reach may be found under Appendix A.5. 1.6.2 Tributary SR2 The tributary is close to a mile in length. The portion slated for restoration consists of the lower 2,200 feet. Stream Restoration project 2 (SR2) begins as a relatively stable natural perennial stream and is a Rosgen B4/1 channel above the project area. Measurements for this stable section served as the reference reach for the lower impaired SR2 section. There is a distinct head cut which separates the upper stable from the lower unstable reach and this is where restoration is slated to start. At this point, conditions rapidly deteriorate and the channel changes to a series of F4 and G4 conditions with poor riffle pool sequences and limited habitat, much of which has been affected by the down- cutting through legacy sediments. Sanitary laterals have been exposed in half a dozen locations. Adjacent vegetation is almost complete mature hardwood forest with one small portion of cleared sanitary sewer right-of-way. Detailed findings for this reach may be found under Appendix A.3. 1.6.3 Tributary SR3 SR3 drains the Colonial Properties apartment complex and is a 400 foot long G5c heavily manipulated intermittent stream within the Colonial Properties apartment complex. This intermittent gully is moderately to highly eroded and has been manipulated by several utility crossings. Adjacent vegetation is almost entirely cleared utility right-of-way. Detailed findings for this reach may be found under Appendix A.4. 1.7 Biological Assessment 1.7.1 Mecklenburg Habitat Assessment Protocol A summary of publically-available Mecklenburg Habitat Assessment Protocol (MHAP) data can be found under Table 8. The range of possible scoring is from zero to 200 with 200 being the best possible score. The range of scoring is as follows: McKim & Creed, PA July, 2009 14 ¦ 0 to 60: degraded ¦ 60 to 109: impaired ¦ 110 to 159: partially supporting ¦ 159 to 200: supporting The MS averaged from 73 to 120, indicating impaired to partially supporting habitat conditions. It has been generally reported that a score of 115 or higher is an acceptable goal for restoration. Table 8. Habitat Data Location 2005 Score* 2006 Score* 2007 Score* 2008 Score* MC38 (Sardis 112.5 113 119 108 bridge) *scores are averages of all surveys for that year - source of data is CMSWS 1.7.2 Fish and Macroinvertebrates A summary of fish and benthic data surveyed by CMSWS can be found under Table 9 and indicates that the McAlpine main stem is in generally poor to fair health. Quantitative biotic indices (Index of Biotic Integrity and Ephemeroptera+Plecoptera+Trichoptera or EPT index) were taken from available Mecklenburg County monitoring records. The weighted EPT score was determined by taxa richness (a weighting of numbers of species, individuals within those species and their tolerance to pollution for Ephmeroptera, Plecoptera and Trichoptera). The Biotic index is measured by weight-averaging all species (not just EPT) with tolerance and abundance. Weighted biotic index score is a correlation between the biotic index and a range of values for various qualities (fair, poor, etc). The weighted average of both EPT and the biotic index score allows a more holistic evaluation of biological integrity which can then be given a description water quality rating (good, fair, etc). McKim & Creed, PA July, 2009 15 Table 9: Biotic Data Sampling Location Sample k Date W u z "'' . r0 y U o ? ? o w .a McAlpine Creek at 7/18/2007 6 1.4 7.02 Sardis Rd McAlpine Creek at 8/25/2006 6 1.4 6.95 Sardis Rd McAlpine Creek at 9/6/2005 5 1 7.16 Sardis Rd McAlpine Creek at 7/2/2004 5 1 6.92 Sardis Rd * Excellent:5, Good:4, Good-Fair:3, Fair:2, Poor:1 - Source: CMSWS 1.7.3 Fecal Coliform weighted weighted water biotic average quality index EPT/ rating* score* biotic index* 2 1.7 fair 2 1.7 fair 2 1.5 fair poor 2 1.5 fair poor CMSWS also provided fecal coliform grab sample data based on variable baseflow from 2005 and 2006 as measured by CMSWS staff is as shown under Table 10. Data presented is in terms of the most probable number (NUN) of colonies of fecal coliforms based on grab samples. Table 10: Fecal Coliform Data for McAlpine Creek (2003-2006) Sampling Location Number of grab Range of values, samples, n MPN1100 ml Sardis Bridge (MC38) 27 41 to greater than 2,400 'EPA Guidelines, 200 MPN/100 ml - Source of Table data is CMSWS 1.8 Constraints 1.8.1 Property Owners Percent of samples exceeding human contact water quality guidelines* 78% As of the preparation of this report, a portion of the easements and declarations have been finalized with the remainder under negotiation. We understand that this SSMP will not be 100% permitted until documentation that all easement and declarations have been granted. Please see Appendices G.1 and G.2 for complete detail. Temporary construction site access and McKim & Creed, PA July, 2009 16 permanent maintenance access for the project will be as described under Section 3.0. The existing forty-two inch sanitary trunk line located adjacent to the MS along stream right (as one looks downstream) provides a vertical constraint for the SR3 design. The sanitary trunk line poses a constraint for grading and the ability to establish a forested riparian buffer in this area. However, a native herbaceous buffer will be planted within the easement limits. Various existing storm drain, sanitary, electrical and gas utilities constrain the project in a minor fashion but these constraints have been incorporated into the design. The proposed fifty-four-inch sanitary trunk line on stream left represents both a lateral constraint for the mainstem grading as well as a vertical constraint for SR2. It also inhibits the ability to establish a forested riparian buffer in this area; however a native herbaceous buffer will be planted within the easement limits. There are several existing sanitary laterals which have become exposed in the SR2 channel; several will be re-buried and protected as part of the stream restoration work. 1.8.2 FEMA/Hydrologic Trespass The existing FEMA flood plain model for McAlpine Creek was retrieved from CMSWS Floodplain Mitigation Program and its limits for the main stem are shown on the design plans. Existing one hundred-year flood plain analysis for the side tributaries was developed based on adding cross sections to the existing FEMA model to expand it. A proposed FEMA flood plain model was then generated to determine if the proposed grading would affect the existing flood plain elevation. The resulting study determined that there would be no net increase in the 100-year flood plain (termed a 'no rise'). This report is not included as part of this SSMP. 1.8.3 Construction Access Construction access for the main stem work will be through access points at Sardis Road, Providence Road, Via Romano Drive, Mountainview Drive and Old Bell Road (see Map 1). Access will be available along stream left and right through the existing and proposed sanitary line easements. SR2 work will be accessed through the sanitary easement as well as a stabilized construction entrance off of Mountainview Drive. SR3 work will be accessed from the sanitary easement on stream right. SW 4 work will be accessed off of Via McKim & Creed, PA July, 2009 17 Romano Drive. SW1 work will be accessed off of the sanitary easement and a stabilized construction entrance off of Old Bell Road. 2.0 MITIGATION DESIGN PLANS As previously discussed, there are ten stream reaches and two wetland sites that will be either restored or enhanced throughout the project area which can be considered for mitigation credit. The primary approach of the restoration design is to construct streams with a stable dimension, pattern, and profile that have access to the floodplain at flows greater than the bankfull stage, or bank stabilization in areas where constraints inhibit restoration. The enhancement design will focus on bank stabilization, grade control, flood attenuation, removing invasive species, reestablishing native species, and improving habitat and increasing species diversity. See the McAlpine Environmental Restoration Project (Sardis to Providence Roads) Construction Drawings and Map 1 for a depiction of restoration reaches and wetland sites. Some general discussion of design methods are as follows: 2.1 Stream Restoration Bank protection is incorporated into the restoration designs based on three levels of stabilization: ¦ All areas receive three inches of top soil, coir mat, seeding and live stake or other vegetation at the toe of slope with coir log as needed; ¦ Areas requiring more protection due to higher anticipated shear stresses will be designed with root wads, and encapsulated fill layers as modeling warrants; ¦ Banks which also protect sanitary sewers will have an additional stone footer layer at the toe of bank to provide more protection. Long term protection for all areas will be provided in all areas by rooted vegetation. The design incorporates grade controls for the following conditions: ¦ Severe shear stress points (such as utility crossings) primarily through the use of log and rock J-vanes and cross vanes and V-log drops; ¦ Downstream ends of riffles to maintain riffle stability through the use of log and rock vanes; ¦ Confluence points where stream segments or sub tributary/swales will enter the component areas through the use of rock W-weirs and V-log drops. McKim & Creed, PA July, 2009 18 Habitat enhancement is critical to mitigation banking success. SR2 and SR3 habitat enhancement will be based on profile and dimension change to improve pool depth, riffle/pool ratio and reduce riffle embeddedness. Root wads and wood J-hooks are meant to introduce large woody debris (LWD) permanently in this stream. Main stem habitat enhancement will be through the use of log sills installed to increase erosion and pool areas (as is the case under current conditions where tree stumps exists at the toe of slope) as well as promoting inner berm bar growth and riffle creation. Live stakes and other vegetative installations at the toe of slope will also trap floatable vegetative material, particularly leaves which will provide better benthic feeding sources. Live staking will occur at the bottom toe of all new stream banks. The option to substitute tubleings is included in the plan if some or all of the stream work is completed during the growing season. The Construction Drawings include planting/preservation plan for the newly created stream banks as well as the 'streamside' buffer. 2.2 Wetland Design 2.2.1 SW1 Wetland Creation and Preservation This project area consists of several small temporal pools and vernal pools (vernal pools will have impervious linings) totaling 0.20 acres. Temporal pools will be cut into the flood plain to the depth of existing underlying hydric soil where possible. Lined vernal pools are meant to develop hydric conditions over time in areas thought to be former wetlands as per both National Wetland Inventory mapping and wetland boundaries provided by others on the Sanitary Sewage System Improvements McAlpine Creek Relief Sewer Division No. 2 plans prepared by McKim & Creed in 2000 for CMU. Existing wetland areas documented in 2008 will not be impacted and surface drainage for these wetlands will not be appreciably altered. Wetland design for this area is meant to mimic the conditions of the existing adjacent wetland Areas AA through DD; see Appendix A.7. The SWI work area will have easement protection for the newly created 0.2 acres of wetlands as well as 1.28 acres of existing wetlands meant to be preserved. 2.2.2 SW5 Wetland Preservation Our design will preserve the existing 1.29 acre wetland by a combination of (1) invasives control; (2) long term hydrologic support through longer McKim & Creed, PA July, 2009 19 • more gradual base flow support from the newly retrofitted extended detention pond SW4 and (3) better water quality received from that pond as it will treat for 85% total suspended solids (TSS) removal, etc. 3.0 PRESERVATION MECHANISMS Permanent conservation easement areas will be established along McAlpine Creek and tributary projects SR2, SR3, SW1 and SW5 from Sardis Road to Providence Road. The City will hold all property rights to the easements in perpetuity. "The conservation easement shall ..., preserve all natural areas, and prohibit all use of the property inconsistent with its use as a mitigation property, including any activity that would materially alter the biological integrity or functional and educational value of wetlands within the site, consistent with the Restoration Plan" (2004, USACE). Copies of the City's Standard Conservation Easement and Mecklenburg County's Declaration of Easement and Covenant as well as the Umbrella Stream and Wetland Mitigation Bank General Provisions terms are located in Appendix I. Note that areas required for CWMTF construction are not part of this submission for mitigation credit and are covered under either mapped easements for the City to control or unmapped 'declarations of conservation easement' per CWMTF stipulation. 4.0 ACCOUNTING INFORMATION 4.1 Anticipated Credits PENDING. 4.2 Phasing The project will be constructed in one phase and will follow the subsequent general implementation sequence. Overall phasing time line may be affected by final easement/declaration acquisition time. 4.2.1 Pre-Construction Phase ¦ Approval of a site specific mitigation plan, a restoration plan and an enhancement plan for the McAlpine Creek Restoration Project ¦ Construction grant from Clean Water Management Trust Fund (CWMTF) for the first 3,200 foot portion of the main stem work is already in receipt (see Appendix K) ¦ Apply and receive all applicable permits (401/404, NPDES, etc.) McKim & Creed, PA July, 2009 20 ¦ Contract bids: MCALPINE ENVIRONMENTAL RESTORATION PROJECT (SARDIS TO PROVIDENCE ROADS) PLANS McKim & Creed, PA Raleigh and Charlotte offices, NC ¦ Award contract 4.2.2 General Construction Sequence See "Construction Sequence" as can be found on the Title Sheet of the Construction Drawings. Note that this project is very large and portions of the project may be completed independently. ¦ Mobilize all equipment to site. ¦ Install construction entrances as needed. ¦ Install haul road protection as necessary along CMU rights-of- way from site entrances. ¦ Install any temporary stream crossings. ¦ Begin stream construction from the upstream extent of the project boundary and progress downstream, using stream off-line or pump around operations where applicable within each stream section. ¦ After construction is complete, stabilize with erosion control matting and permanent vegetation before demobilizing. ¦ Remove temporary stream crossings. ¦ Demobilize grading equipment from the site and remove temporary construction entrances. ¦ Seed, mulch, and stabilize staging areas, stockpile areas, haul road, and construction entrances. 4.3 Accounting and Financial Assurances The Bank will be sponsored by CMSWS, a municipal entity, and will be governed under the NC Local Government Budget and Fiscal Control Act (North Carolina General Statute 159-28), which will assure the completion of all outstanding projects and enforce procedural protocols. The Bank will be funded by the CMSWS utility fees. The Bank will be used primarily for CMSWS's capital projects. When feasible, the Bank may be used by Mecklenburg County and City departments, including but McKim & Creed, PA July, 2009 21 not limited to, the Charlotte-Mecklenburg Utility Department, the Aviation Department, and political subdivisions such as Mecklenburg County Parks and Recreation and the Charlotte-Mecklenburg Schools. CMSWS Utility Fees and funds from mitigation credit sales will be used for all phases of the project including planning and preliminary design phases, the final design plan, construction activities, and as-built monitoring and reporting. In addition, these monies will be set aside for short-term and long term monitoring and maintenance needs throughout the project area. Please note that CMSWS Utility fees will be continually used throughout the life of the project to address unforeseen circumstances or as supplemental revenue. Though CWMTF grant monies are being used for stream improvements along the McAlpine mainstem (3,200' of the total 5,200' main stem reach), this work is excluded from the Mitigation Bank proposal. This Bank will be managed under the Permit and Mitigation Information Tracking System (PerMITS) accounting system to maintain accurate records of debits from the proposed bank. A record of each debit will be reported to each member of the MBRT within the allotted 30 days and an annual report will be submitted on the anniversary of the execution of this agreement. All fiscal operations will be logged through this system and reported to the MBRT on an annual basis as required by the MBI. Within the CMSWS's budgeting and financial tracking system, the Bank's revenue, contracts, fund transfers and expenses are housed in a separated account and tracked independently from all other storm water projects. In addition, stream/wetland-restoration-dedicated revenues and fund transfers are housed within the Bank in a separate revenue account. 4.4 Preliminary Title Opinion Mecklenburg County owns several of the parcels within the project outright and easements on these public lands will be in the format of either Declaration of Conservation Easement for CWMTF use or mapped and recorded easements to be held by the City. A series of private property conservation easement maps will also be required. All easements, public or private shall be held under the control of CMSWS in perpetuity. The final Title Opinion for the mitigation will be completed and submitted to the MBRT for its approval. Table 11 is a draft summary of that information. Copies of easements to date may be found under Appendix G.2. McKim & Creed, PA July, 2009 22 a Table 11: Title Opinion and Easement Summary MCCE Easement or Feature Parcel ID Parcel Owner Declaration of Intent 1' MS, SR3, 1A, SW5 18735102 Prtnrshp Multifamily C/O Colonial Realty Lmted P easement 2,2A 3,4 MS, SW4 18735104 Prtnrshp Multifamily C/O Colonial Realty Lmted P easement 5A, A, MS 18734201 BVF-II Providence Limited And LLC Berkshire Prop. easement not part of 6 N49 ,Qxv4 easement protection* 7 MS 18729112 Frank E. Lorch and Wife easement not part of p ?c? easement protection* 9 MS 18730101 Mecklenburg County And Real Estate /Finance Dept declaration** 10 MS 21335102 Mecklenburg County And Real Estate /Finance Dept easement 11 MS 21335105 Mecklenburg County And Real Estate /Finance Dept easement 12A, 12B MS, SR2 21335106 Mecklenburg County And Real Estate /Finance Dept easement 13 MS 21 309108 Coun And Real Estate 13B B tY /Finance Dept easement 14 MS 21309109 Mecklenburg County And Real Estate /Finance Dept declaration- 15 MS 21309110 Mecklenburg County And Real Estate /Finance Dept declaration- 16 MS 21309111 Robert Bradford Lee And Patricia Moran easement 17 MS 18729199 Mecklenburg County And Real Estate /Finance Dept declaration` declaration(MS)** 18 MS, SWl 21309114 Mecklenburg County And Real Estate /Finance Dept and easement (SWi) declaration(MS)** 19 MS, SWi 21309134 Mecklenburg County And Real Estate /Finance Dept and easement (SW1) declaration(MS)** 20 MS, SWl 21309115 Mecklenburg County And Real Estate /Finance Dept and easement (SWi) declaration(MS)** 21 MS, SWl 21309116 Mecklenburg County And Real Estate /Finance Dept and easement (SWl) 22 MS, SWl 21309117 23 MS, SW1 21309118 McKim & Creed, PA dedaration(MS)** Mecklenburg County And Real Estate /Finance Dept and easement (SW1) declaration(MS)** Mecklenburg County And Real Estate /Finance Dept and easement (SWi) July, 2009 23 A t MCE Easement or Feature Parcel ID Parcel Owner Declaration of ID ID Intent dedaration(MS)** 24 MS, SWl 21309119 Mecklenburg County And Real Estate /Finance Dept and easement (SWi) declaration(MS)** 25 MS, SW1 21309120 Mecklenburg County And Real Estate /Finance Dept and easement (SWi) declaratition(MS)" 26 MS, SW1 21309121 Mecklenburg County And Real Estate /Finance Dept and easement (SW1) 27 MS 21309122 Mecklenburg County And Real Estate /Finance Dept declaration' 28 MS 21309123 Mecklenburg County And Real Estate /Finance Dept declaration* 29 MS 21309124 Mecklenburg County And Real Estate /Finance Dept declaration" not part of 30 MS 25 RobeFt e ...,v„_ n ,a j 1 c, b A oy e easement protection* 31 MS 21309126 Mecklenburg County And Real Estate /Finance Dept declaration" 32 MS 213419127 Mecklenburg County And Real Estate /Finance Dept declaration" 33 Ms 21309133 Mecklenburg County And Real Estate /Finance Dept declaration** 34 SR2 21309107 Ernesto Moran And Margarita Moran easement' 35 SR2 21336361 Ridge LLC Walker Steven Homes Bishops easement 36 SR2 21309106 Donald R li Harris And Tammy Harris easement 37 SR2 21309105 John Hugh Costello And Cathy R Costello easement *there are no easements or declarations for this area; could not come to agreement with land owner **CWMTF area not considered for mitigation purposes; mapped easement not required ' parcel under negotiation to be purchased by City Utility easements present within the project area include the following: ¦ Charlotte Mecklenburg Utility sanitary sewer line ¦ NCDOT, CDOT ¦ Piedmont Natural Gas Please see Construction Documents for more detailed property owner information, boundaries and utility locations. 5.0 SUCCESS CRITERIA PENDING. McKim & Creed, PA July, 2009 24 6.0 MONITORING PLAN Stream monitoring of restoration projects is usually considered obligatory per USACE and DWQ permitting and is usually required for five years. There are four levels of required monitoring as spelled out by Section 10 of the USACE/DWQ 404/401 permit and detailed in the City of Charlotte CSWS Mitigation Monitoring Guidance Document (2005): ¦ Level 4 (for Enhancement Level 2 projects): reference photos, vegetation survival analysis and geomorphic channel stability analysis ¦ Level 3 (for preservation projects): reference photos ¦ Level 2 (for Enhancement Level 2 mitigation projects): photo monitoring, plant survival tracking and geomorphic channel stability analysis (document two bankfull events) ¦ Level 1- most intense with four sub levels (1a, 1b, 1c and 1d) McKim & Creed assumes that Level 1a (stream mitigation) and 1c (wetland mitigation) monitoring will be required (without biological monitoring). Monitoring would be completed annually for five years. Level 1a involves reference photos, vegetation survival analysis, geomorphic channel stability analysis, biological survey analysis, fish/macroinvertebrate analysis and habitat assessment using (MHAP) protocol. Level 1c refers to wetland mitigation projects and involves reference photos, vegetative survival analysis, soil hydrology analysis and functionality analysis. 6.1 Pre-Construction Monitoring Pre-construction monitoring will be conducted as detailed under Table 12 to provide a base line for certain monitoring protocols. 6.2 Post Construction As-built Plans As-built channel survey will be performed for Restoration and Enhancement Level I projects. They will include the restored channel's dimension, pattern, and profile. Permanent cross-sections will be established at an approximate frequency of one per 20 bankfull-width lengths along the channel length and should represent a 1:1 ratio of riffles to pools. An as-built survey shall include photo documentation of cross- sections and structures, longitudinal profile for 2,000 LF of the restored MS, 1000 LF of SR 2 work and the complete 400 LF work area for SR3. The as-built shall include a, plan view diagram, vegetation information, and pebble counts for the cross- sections; see Table 12 for a summary of this information. McKim & Creed, PA July, 2009 25 a Table 12: As-built Requirements Vegetative Project Longitudinal Cross Piezometer Survey Photo Pebble Counts Area Profile Sections Installation Plots (1/4 Survey ac) MS 2000 LF 4 Cal each cross section na 4 yes SR2 1000 LF 4 @ each cross section na 3 yes SR3 400 LF 2 @ each cross section na 1 yes SWl na na na 3 2 yes SW5 na na na 1 2 yes 6.3 Long-term Monitoring This monitoring plan is in accordance with the CMSWS Mitigation Monitoring Guidelines (MMG), which meet or exceed the requirements of the USACE's Stream Mitigation Guidelines (April 2003) and the requirements of the MBI. See Table 13 for the Monitoring Level requirement per proposed stream design mitigation level. Each site will be monitored and evaluated for five years post construction, or until the final success criteria are achieved, whichever is longer, to determine the success or failure of the following monitoring level benchmarks. The monitoring plan includes the evaluation of channel stability, ecological function, and photo documentation, as well as, a long term management protocol. Monitoring reports will be prepared in the fall of each year of monitoring and submitted to the MBRT. If failure should occur, CMSWS will perform the corrective action indicated to return the site to conditions regarded as successful by the USACE and the MBRT. Monitoring Level 1a will be performed once per year for a five-year monitoring period and will apply to all Restoration and Enhancement Level I sites within the project area. At least one bankfull event must be documented within the monitoring period. If two events have failed to occur during this time period monitoring will continue until the second event has been documented, unless the USACE and NC DWQ, in consultation with the other MBRT agencies, determine that additional monitoring is not required. Per the MMG, this monitoring will also include reference photos, vegetation survival analysis, biological survey, water quality analysis and habitat assessment (MHAP methodology). Table 13: Levels of Required Monitoring Proposed Design Feature Design Approach MS Reach I MS Reach H MS Reach III Restoration (P2/P3) Restoration (P2/P3) Restoration (P2/P3) McKim & Creed, PA July, 2009 Monitoring Level Required Level ] a Level la Level la 26 7.0 MS Reach IV Enhancement Level I (P4) Level la MS Reach V Restoration (P2/P3) Level la SR2 Reach I Restoration (P2) Level la SR2 Reach II Restoration (P2) Level la SR2 Reach III Restoration (P1) Level la SR2 Reach IV Restoration (P2) Level la SR3 Restoration (Pl) Level la SW1 temporal and pools Wetland Restoration Level lc SW1/SW5 Wetland Preservation Level 3 Monitoring Level 1c is for wetland restoration projects (SW1) and including reference photos, plant survival analysis, soil hydrology analysis and functionality analysis. MONITORING METHODS 7.1 Vegetation Monitoring Both stream and wetland sites will be monitoring for vegetative survival. The methodology employed for vegetation monitoring will be in general accordance with the MMG. Each vegetation plot will consist of a sixteen-foot wide rectangular area extending from the edge of the bank to the outer extent of the conservation easement on each side of the stream, wetland or BMP. Each plot will be permanently marked in the field along its approximate centerline with four markers. Additionally, photo points will be taken at the middle markers of each plot with each photo facing across the channel towards the opposite bank or across the main BMP axis. The purpose of the field observations will be to: (1) determine the success of buffer re-vegetation and soil bioengineering methods utilized; (2) determine the hardiness of plant species installed in relation to urban stream restoration; (3) note distressed or dead plants; and (4) note areas with invasive species issues or other management concerns. Additionally, photographs will be taken at areas where concerns regarding vegetation (presence of invasives, easement encroachments, etc.) are observed. Success will be measured based on an 80 percent survival rate of planted vegetation after the first year. More detail on vegetation monitoring protocol for stream work may be found under Appendix L. 7.2 Biological Monitoring Biological monitoring for this project will be determined through monitoring efforts conducted by CMSWS independently from monitoring work completed directly on site. It will consist of collecting macroinvertebrate and fish data prior to construction McKim & Creed, PA July, 2009 27 • and at Year Five to determine if there has been a net benefit to the biological communities as demonstrated by an increase in IBI and EPT scores. 7.3 Water Quality Monitoring Water quality monitoring for this project will be determined through monitoring efforts conducted by CMSWS independently from monitoring work completed directly on site and it shall consist of a scored water quality index (WQI) value which can be compared against pre, reference and as built conditions to show an increase in the WQI after five years at the mouth of SR2 and the exit point for SW5. 7.4 Wetland Monitoring Wetland monitoring efforts will be three-fold. Hydric soil creation will be monitored through augering and classification based on USACE 1987 hydric soil criteria. Indicators of wetland hydrology will be documented through piezometer readings. Success shall be determined by showing that wetland hydrology and hydric conditions have been maintained or enhanced over pre construction conditions and that vegetative plots meet the tenets of "Vegetative Success" as described previously. McKim & Creed, PA July, 2009 28 a Table 14: Location, Type, and Schedule for Monitoring Type Location Monitoring Schedule Biological (streams) Benthic Pre construction and macroinvertebrate MS, SR2 after year 5 Fish Water Quality Stream Habitat Bankfull Verification Cross Section Survey Pebble Count Longitudinal Profile Vegetation (as- built) Vegetation (Establishment Phase) Vegetation (Growth Phase) Hydrophytic vegetation, hydric soil and wetland hydrology McKim & Creed, PA MS, SR2 Pre construction and after year 5 Water Quality (streams) MS (two locations), SR2 Pre construction and (two locations) after year 5 Habitat (streams) MS (two locations), Pre construction and SR2, SR3 [four total] after year 5 Geomorphic (streams) MS, SR2, SR3 @ riffle At least once within 5 cross sections year monitoring period @ as-built XS locations As-built and years 1, 3 and 5 post construction @ as-built XS locations As-built and years 1, 3 and 5 post construction Lengths per Table 16 As-built and years 1, 3 and 5 post construction Vegetation (all areas) Four 1/4 acre plots for the MS, three for SR2, Upon completion of one for SR3 and two project construction; each for SWl and SW5 "construction release." [12 total] Notes Per MMG Per MMG Per MMG MHAP methods per MMG Per MMG Per MMG Per MMG Per MMG Compare installation to design. Set baseline for future comparisons. Three years following 15t Focuses on survival see above complete growing season and replacement after planting criteria of installed vegetation. Focuses on the overall After establishment for function of the See above remaining years of the vegetation in relation monitoring period to project specific goals (stability) Wetlands Soils and Hydrology Photos of soil pit Pre-construction, As- profiles and SWl, SW5 built, then annually for measurement of five years groundwater within installed piezometers per MMG July, 2009 29 a 8.0 MAINTENANCE ISSUES Maintenance issues will vary and generally depend on the following: ¦ Wet weather during construction can make accurate channel and floodplain excavation difficult ¦ Extreme and/or frequent flooding can cause floodplain and channel erosion ¦ Extreme hot, cold, wet or dry weather during and after construction can limit vegetation growth, particularly temporary and permanent seeding The presence and aggressiveness of invasive species can affect the extent to which a native buffer can be established Maintenance issues and recommended remediation measures will be detailed and commented in the as-built and monitoring reports. The conditions listed herein and any other factors that may have necessitated maintenance will be discussed then. 9.0 LONG TERM MANAGEMENT PLAN CMSWS will institute a Long Term Management Plan responsible for assessing the condition of bank sites and implementing the provisions to maintain the performance of each site. The conservation easement that will be in place throughout the Project boundaries will help to ensure that only activities deemed acceptable by the MBRT will be allowed. To ensure that the project's continued success throughout its lifespan, the Long Term Management Plan for the Project will be implemented following the five year monitoring period and subsequent release of all mitigation credits. CMSWS will visually inspect all components of the restoration project annually or less frequently, as needed to ensure the project remains stable in perpetuity. Sources of instability and other project deficiencies will be addressed as needed. CMSWS will also send letters to all properties with Permanent Conservation Easements annually, reminding the residents of the limits and restrictions of the easement area. Follow-up inspections will be completed annually or less frequently, as needed to ensure compliance with easement provisions. Invasive species will be managed semiannually or less frequently, as needed to ensure the long term survivability of the planned vegetative community. All reporting will be documented and kept on file for future reference. McKim & Creed, PA July, 2009 30 r Acronyms Used Abxf-Bankfull Area AC- Acre BAE - Biological and Agricultural Engineering BEHI - Bank Erosion Hazard Index BHR - Bank Height Ratio BMP- Best Management Practice CC- Construction Costs CFS- Cubic Feet per Second CU FT - Cubic Feet CLOMR - Conditional Letter of Map Revision CMP- Corrugated Metal Pipe CMSWS- Charlotte-Mecklenburg Stormwater Services CMU- Charlotte-Mecklenburg Utilities CWS- Carolina Wetland Services (subconsultant) Dbkf- Bankfull Depth D&E- Design & Engineering (costs) EDR- Environmental Data Resources, Inc. EEP- Ecosystem Enhancement Program EGL - energy gradient line EMRRP - Ecosystem Management and Restoration Research Program EPT - Ephemeroptera+Plecoptera+Trichoptera ER - Entrenchment Ratio FEMA - Federal Emergency Mapping Agency FIRM- Flood Insurance Rate Map FT- Feet GIS - Geographic Information System GPS- Global Positioning System HEC-RAS - Hydrologic Engineering Center River Analysis System HSG - Hydrologic Soil Group HOA - Home Owners Association LB-Pounds LF - linear foot LOMR - Letter of Map Revision LUESA - Land Use & Environmental Services Agency mm-Millimeter LWD - Large Woody Debris MBI- Mitigation Banking Instrument MBRT- Mitigation Banking Review Team McKim & Creed, PA July, 2009 31 46 MMG -Mitigation Monitoring Guidelines (City of Charlotte) MHAP - Mecklenburg Habitat Assessment Protocol MPN per 100 ml - Most Probable Number per 100 milliliter MWR - Meander Width Ratio N - Nitrogen NBS- Near Bank Stress NCD- Natural Channel Design NC DENR- North Carolina Department of Environment and Natural Resources NC DLR - North Carolina Division of Land Resources NC DWQ - North Carolina Division of Water Quality NC NHP - North Carolina Natural Heritage Program NC WRC - North Carolina Wildlife Resources Commission NCSU - North Carolina State University NRCS- National Resources Conservation Service NWI- National Wetlands Inventory P - Phosphorus PerMITS- Permit and Mitigation Information Tracking System Qbkf- Bankfull Discharge RCP - Reinforced Concrete Pipe RTE - Rare, Threatened or Endangered Species SECP- Sediment & Erosion Control Plan SF- Square Feet SHPO - State Historical Preservation Office SQ MI - square mile SR - Stream Restoration SSMP - Site Specific Mitigation Plan SW - Stormwater SWIM- Surface Water Improvement & Management TMDL - total maximum daily limit USACE - US Army Corps of Engineers USFWS - United States Fish and Wildlife Service USGS - United States Geologic Survey Velbkf - Bankfull Velocity Wbkf- Bankfull Width WARSSS - Watershed Assessment of River Stability and Sediment Supply WRP - watershed restoration plan WQI - Water Quality Index WQV- Water Quality Volume WWMF - Wastewater Management Facility WWTP - Wastewater Treatment Plant McKim & Creed, PA July, 2009 32