Loading...
HomeMy WebLinkAbout20190995 Ver 1_401 Application_20190725CAROLINA WETLAND SERVICES, INC. 550 E. Westinghouse Blvd. Charlotte, NC 28273 704-527-1177 (office) 704-527-1133 (fax) To: Ms. Karen Higgins Date: July 18, 2019 401 & Buffer Permitting Branch 512 North Salisbury Street Raleigh, NC 27604 Subject: Pre -Construction Notification Pursuant to Nationwide Permit No. 29 Preston Park NWP 29 Charlotte, North Carolina (SAW -2018-00862) CWS Project No. 2018-0441 V Dear Ms. Higgins, 1 The Preston Park site (Mecklenburg County Tax Parcel No. 20508102, 20508109, 20502387, 20507119, 20502118) is approximately 134.8 acres in extent and is located at 2601 Belmeade Drive in Charlotte, North Carolina (Figures 1 and 2, Attachment 1). Cranford Drive Single Family Lots, LLC has contracted Carolina Wetland Services, Inc. (CWS) to provide Section 404/401 permitting services for this project. On behalf Cranford Drive Single Family Lots, LLC Carolina Wetland Services is submitting a Pre -Construction Notification pursuant to Nationwide Permit No. 29 to the U.S. Army Corps of Engineers for proposed impacts to one jurisdictional stream channel and four isolated, non -404 jurisdictional wetlands. These impacts include the filling of wetlands and one road crossing over a stream. The proposed impacts are associated with developing the subdivision into a single-family development. An executed Agent Authorization Form is attached (Attachment F). A preliminary JD has been requested for this property (SAW -2018-00862), however based on the Jun 2018 field assessment with David Shaeffer, documentation for an Approved JD is being submitted, alW a PCN pursuant to NWP 29. We request the PJD be officially withdrawn. A copy of this application an application fee will be mailed to NCDEQ. Please do not hesitate to contact Dan Zurlo at 717-460-3466 or dan@cws-inc.net should you have any questions or comments regarding this request. Sincerely, Dan Zurlo Project Scientist L�f 2 O Christine Geist, PWS, CE Principal Scientist CAROLINA WETLAND SERVICES, INC. 550 E. Westinghouse Blvd. Charlotte, NC 28273 704-527-1177 (office) 704-527-1133 (fax) To: Ms. Karen Higgins Date: July 18, 2019 401 & Buffer Permitting Branch 512 North Salisbury Street Raleigh, NC 27604 Subject: Pre -Construction Notification Pursuant to Nationwide Permit No. 29 Preston Park NWP 29 Charlotte, North Carolina (SAW -2018-00862) CWS Project No. 2018-0441 Dear Ms. Higgins, The Preston Park site (Mecklenburg County Tax Parcel No. 20508102, 20508109, 20502387, 20507119, 20502118) is approximately 134.8 acres in extent and is located at 2601 Belmeade Drive in Charlotte, North Carolina (Figures 1 and 2, Attachment 1). Cranford Drive Single Family Lots, LLC has contracted Carolina Wetland Services, Inc. (CWS) to provide Section 404/401 permitting services for this project. On behalf Cranford Drive Single Family Lots, LLC Carolina Wetland Services is submitting a Pre -Construction Notification pursuant to Nationwide Permit No. 29 to the U.S. Army Corps of Engineers for proposed impacts to one jurisdictional stream channel and four isolated, non -404 jurisdictional wetlands. These impacts include the filling of wetlands and one road crossing over a stream. The proposed impacts are associated with developing the subdivision into a single-family development. An executed Agent Authorization Form is attached (Attachment F). A preliminary JD has been requested for this property (SAW -2018-00862), however based on the June 15, 2018 field assessment with David Shaeffer, documentation for an Approved JD is being submitted, along with a PCN pursuant to NWP 29. We request the PJD be officially withdrawn. A copy of this application and application fee will be mailed to NCDEQ. Please do not hesitate to contact Dan Zurlo at 717-460-3466 or dan@cws-inc.net should you have any questions or comments regarding this request. Sincerely, _; 7- �_ I - Dan Zurlo Project Scientist Christine Geist, PWS, CE Principal Scientist ATTACHMENTS INCLUDED: DESCRIPTION Attachment A - ORM Attachment B - AJD Request Attachment C - Pre -Construction Notification Pursuant to Nationwide Permit No. 29 Attachment D - Additional Sheets Attachment E - 2014 AJD and Permit Authorization Attachment F - Agent Authorization Attachment G - Figures 1-7 Attachment H - Impact Figures Attachment I - NC SAM Form Attachment J - NCSAM Assessment Reach Attachment K - NC DMS Mitigation Acceptance Letter Attachment L - USFWS Correspondence Attachment M - NC SHPO Correspondence Attachment N - Photopage Page 2 of 3 Liberty Crossing Attachment Sheet Attachment A: Preliminary ORM July 3, 2019 CWS Project No. 2018-0402 Preliminary ORM Data Entry Fields for New Actions SAW — 201 - BEGIN DATE [Received Date]: Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: 2. Work Type: Private ❑V/ Institutional ❑ Government ❑ Commercial 3. Project Description / Purpose [PCN Form 133d and 133e]: Residential Development 4. Property Owner/ Applicant [PCN Form A3 or A4]: Cranford Drive Single Family Lots, LLC; POC: Susan Rosenblatt 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: CWS; POC: Mr. Dan Zurlo 6. Related Action ID Number(s) [PCN Form 135b]: SAW -2018-00862 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]: Northwest of the NC -51 and N. Polk Street intersection 8. Project Location - Tax Parcel ID [PCN Form 131a]: 20508102, 20508109, 20502387, 20507119, 20502118 9. Project Location — County [PCN Form A2b]: Mecklenburg 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Pineville 11. Project Information — Nearest Waterbody [PCN Form 132a]: Sugar Creek 12. Watershed / 8 -Digit Hydrologic Unit Code [PCN Form 132c]: 03050103 Authorization: Section 10 ❑ Section 404 ❑� Section 10 & 404 Regulatory Action Type: ❑✓ Standard Permit Nationwide Permit # 29 ❑ Regional General Permit # ✓❑ Jurisdictional Determination Request ❑Pre -Application Request Unauthorized Activity 0 Compliance ❑ No Permit Required Revised 20150602 Liberty Crossing Attachment Sheet Attachment B: July 3, 2019 CWS Project No. 2018-0402 Approved Jurisdictional Determination Request urisdictional Determination Reauest US Army Corps of Engineers Mmington district This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http: //www. saw.usace. aM.mil/Missions/RegulatoryPermitProgram/Contact/CounlyLocator. aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (82 8) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 5 54-48 84 Fax Number: (919) 562-0421 INSTRUCTIONS: WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Pagc 1 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: 298-270 Cranford Drive City, State: Pineville, North Carolina County: Mecklenburg Parcel Index Number(s) (PIN): 20508102, 20508109, 20502387, 20507119, 20502118 B. REQUESTOR INFORMATION Name: CWS Inc.; POC: Mr. Daniel Zurlo Mailing Address: 550 E. Westinghouse Blvd Charlotte, NC 28273 Telephone Number: 828-719-1320 Electronic Mail Address: dan@cws-inc.net Select one: ❑ I am the current property owner. ❑ 1 am an Authorized Agent or Environmental Consultant' ❑ Interested Buyer or Under Contract to Purchase ❑ Other, please explain. C. PROPERTY OWNER INFORMATION Name: Cranford Single Family Lots, POC: Susan Rosenblatt Mailing Address: 136 Main St Pineville, NC 28134 Telephone Number: 704-363-1368 Electronic Mail Address: Susan@gvestcapital.com ' Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION' 4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on- site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Dan Zurlo Print Name Capacity: ❑ Owner ❑✓ Authorized Agents 7.15.19 Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. ✓❑ I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ❑ I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a projector perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. ❑ A Corps JD is required in order obtain my local/state authorization. ❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) ❑ I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. ❑ I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). ❑ I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. ✓❑ Size of Property or Review Area 134.8 acres. ❑ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS ❑✓ Project Coordinates (Decimal Degrees): Latitude: Longitude 35.093044 -80.893479 ❑7 A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 11x17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 ■ North Arrow ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ■ Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) 6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. http://www.saw.usace.army.mil/Missions/Re _ug latoEy-Permit- Pro gram/Jurisdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request ✓❑ Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDs, please complete an Approved Jurisdictional Determination Form' W1 Vicinity Map z Aerial Photograph FA USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms FOther Assessment Forms ' www.saw.usace.army.mil/Portals/59/docs/re _ug lator.y/regdocs/JD/RGL 08-02 App_ A_ Prelim_ JD_ Form_fillable.pdf ' Please see http://www.saw.usace.army.mil/Missions/Re ug latory-Permit-Program/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 Waters—Name M wCowardin_Code HGM_Code Stream A NORTH CAROLINA R3 RIVERINE Stream B INORTH CAROLINA R3 RIVERINE Wetland AA NORTH CAROLINA PFO DEPRESS Wetland BB NORTH CAROLINA PFO DEPRESS Wetland CC NORTH CAROLINA PFO RIVERINE Wetland DD NORTH CAROLINA PFO RIVERINE Weltand EE NORTH CAROLINA PFO DEPRESS Wetland FF NORTH CAROLINA PFO DEPRESS Wetland GG NORTH CAROLINA PFO DEPRESS Meas—Type Amount Units Waters—Type Latitude Longitude Linear 1,483 FOOT A2O 35.09546100 -80.90027700 Linear 1,854 FOOT A2O 35.09257100 -80.89371300 Area 0.04 ACRE OTHERABF 35.09492200 -80.89095900 Area 0.06 ACRE OTHERABF 35.09467400 -80.89119600 Area 0.04 ACRE A2B 35.09247000 -80.89444000 Area 0.54 ACRE A2B 35.09204400 -80.89615800 Area 0.35 ACRE OTHERABF 35.08929000 -80.88947400 Area 0.84 ACRE OTHERABF 35.09076900 -80.88972900 Area 0.04 ACRE OTHERABF 35.08878900 -80.89023600 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): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: State:North Carolina County/parish/borough: Mecklenburg City: Pineville Center coordinates of site (lat/long in degree decimal format): Lat. 35.093044" N, Long. -80.893479" W. Universal Transverse Mercator: 17S Name of nearest waterbody: Sugar Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Catawba River Name of watershed or Hydrologic Unit Code (HUC): 3050103 Z, 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: ® Field Determination. Date(s): David Shaeffer of the USACE conducted a field assessment on 6-15-18 and determined certain on- site wetlands to be isolated, non jurisdictional waters. SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Pick List "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] 0 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 no "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): r El TNWs, including territorial seas El Wetlands adjacent to TNWs Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs Non-RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs El Impoundments of jurisdictional waters Z. Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non -wetland waters: linear feet: 3,337 width (ft) and/or acres. Wetlands: 1.87 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: Several isolated wetlands exist on-site that do not have biological, hydrological, or chemical nexus to downstream waters. ' 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. SECTION HI: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section HI.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections HI.A.1 and 2 and Section IH.D.L; otherwise, see Section IH.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 III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section IH.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.0 below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: square miles' Drainage area: 0.14 `sic ware miles Average annual rainfall: 41.6 inches Average annual snowfall: 4.3 inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ® Tributary flows through 2 tributaries before entering TNW. Project waters are �0-1$ river miles from TNW. Project waters are 1 (or less) river miles from RPW. Project waters are 40-1$ aerial (straight) miles from TNW. Project waters are 1 (or less) aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNWS: RPW flows to Sugar Creek which flows to the Catawba River. a 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. Tributary stream order, if known: First. (b) General Tributary Characteristics (check all that apply): Tributary is: ® Natural ❑ Artificial (man-made). Explain: ❑ Manipulated (man -altered). Explain: agricultural. Tributary properties with respect to top of bank (estimate): Average width: 3 feet Average depth: 1 feet Average side slopes: 3:1!. 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: Eroding banks as most of watershed is Presence of run/riffle/pool complexes. Explain: Weak run/riffle/pool sequence. Tributary geometry: Relatively straight Tributary gradient (approximate average slope): 5 % (c) Flow: Tributary provides for: Pick List Estimate average number of flow events in review area/year: 2-5 Describe flow regime: perennial. Other information on duration and volume: Surface flow is: Confined'. Characteristics: Subsurface flow: Unknown. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ® Bed and banks ® OHWM6 (check all indicators that apply): ® clear, natural line impressed on the bank ❑ the presence of litter and debris ® changes in the character of soil ❑ destruction of terrestrial vegetation ® shelving ❑ the presence of wrack line ® vegetation matted down, bent, or absent ® sediment sorting ❑ leaf litter disturbed or washed away ❑ scour ® sediment deposition ® multiple observed or predicted flow events ❑ water staining ❑ abrupt change in plant community ❑ other (list): ❑ Discontinuous OHWM.' Explain: If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): El 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: Tributary is altered as most, of its 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. 7Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ® Riparian corridor. Characteristics (type, average width): forested, 10-15 ft. ® Wetland fringe. Characteristics: Some forested wetland . ❑ 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:0.58 acres Wetland type. Explain: Bottomland hardwood. Wetland quality. Explain: medium.. impacted by through agricultural use. Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Intermittent flow. Explain: Wetland surface water releases at higher rain events. Wetlands flow into the tributary during flood events. Surface flow is: Overland sheetflow, Characteristics: Subsurface flow: Unknown. Explain findings: ❑ Dye (or other) test performed: (c) Wetland Ad'ai cency 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 10-15 river miles from TNW. Project waters are 10-1 aerial (straight) miles from TNW. Flow is from: Wetland to navigable waters,. Estimate approximate location of wetland as within the 2 -year or less 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: Watershed is impacted due to agricultural and urban impacts. Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ® Riparian buffer. Characteristics (type, average width): 10-20 ft of forested cover, agricultural throughout the rest of the watershed. ® Vegetation type/percent cover. Explain:Forested/ 10% cover, agriculture 90%. ❑ 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: 2 Approximately ( 0.58 ) 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) Y 0.04 Y 0.54 Summarize overall biological, chemical and physical functions being performed: Habitat for aquatic species, filtering of harmful chemicals and flood control by catchnig or stopping stormwater and flood flows. 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: 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 IIID: 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. El 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: See attached NCDEQ stream flow classification forms. El 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): E Tributary waters: 3337 linear feet width (ft). _ Other non -wetland waters: acres. Identify type(s) of waters: Non-RPWs'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). El 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 CC and DD have direct hyrdrological connection to Stream B. 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: 0.58 acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. Fj 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. El 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.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):" Fj 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: El Other factors. Explain: 'See 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 PPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: linear feet width (ft). Other non -wetland waters: acres. Identify type(s) of waters: El 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. El 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: Several isolated wetlands exist on-site that do not have biological, hydrological, or chemical nexus to downstream waters. This assessment was agreed to by David Shaeffer on the 6-15-18 field assessment. El 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): El 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): El 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: Figure 7. ® 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: El 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 Charlotte West, NC 2017. USDA Natural Resources Conservation Service Soil Survey. Citation:USDA-NRCS Soil Survey of Meek County, Sheets 11 and 12, 1980. 0 National wetlands inventory map(s). Cite name:USFWS NWI for North Carolina, 2018. 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): Site photographs June 2017. Previous determination(s). File no. and date of response letter: El Applicable/supporting case law: El Applicable/supporting scientific literature: El Other information (please specify): . B. ADDITIONAL COMMENTS TO SUPPORT JD: NC DW® Stream Identification Form Version 4.11 Date: 3/172 Project/Site: RT)CV1,11CS) _ Latitude: 3- 0 ?A50? Evaluator: I County: (Af* !1 t Longitude: Total Points: Stream is at least intermittent 3 Jr Stream Determination (circle one Ephemeral Intermittent erennia OtherS' e.g. Quad Name:� if _> 19 or perennial if z 30* / 2. Sinuosity of channel along thalweg .J 6 Cy n t~ A. Geomorphology (Subtotal = { 7 �) Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 QD 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 0 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 CID 2 3 9. Grade control 0 0.5 1 .5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel 60 = 0 Yes = 3 Sketch: r/✓ �,,cl, artificial ditches are not rated; see discussions in manual B. Hvdroloav (Subtotal= 10 1 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1 0.5 0 15. Sediment on plants or debris 0 0.5 1.5 16. Organic debris lines or piles 0 0.5 3 17. Soil -based evidence of high water table? No = 0 yes= 3 C. Biolociv (Subtotal = (I- 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish (02 0.5 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 9Slie� �6-- *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: r/✓ �,,cl, WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Region Project/Site: Pineville Residential Site City/County: Mecklenburg Sampling Date: 6/23/17 Applicant/Owner: Timmons Group State: NC Sampling Point: DP1 Investigator(s): MMUDJZ Section, Township, Range: Pineville Landform (hillside, terrace, etc.): valley Local relief (concave, convex, none): concave Slope (%): 0 Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.091977 Long: -80.896272 Datum: NAD83 Soil Map Unit Name: Monacan loam (0-2 percent slopes, frequently flooded [MO]) NWI classification: N/A Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: Data point is representative of jurisdictional wetland area CC and DD HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) _Surface Soil Cracks (136) X Surface Water (Al) —True Aquatic Plants (614) —Sparsely Vegetated Concave Surface (138) X High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) _ Drainage Patterns (B10) X Saturation (A3) —Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (B16) —Water Marks (131) _ Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) —Sediment Deposits (132) _ Recent Iron Reduction in Tilled Soils (C6) X Crayfish Burrows (C8) _ Drift Deposits (63) _Thin Muck Surface (C7) _Saturation Visible on Aerial Imagery (C9) —Algal Mat or Crust (64) —Other (Explain in Remarks) —Stunted or Stressed Plants (D1) —Iron Deposits (65) X Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (67) —Shallow Aquitard (D3) —Water -Stained Leaves (139) _ Microtopographic Relief (D4) X Aquatic Fauna (1313) X FAC -Neutral Test (D5) Field Observations: Surface Water Present? Yes X No Depth (inches): 3 Water Table Present? Yes X No Depth (inches): 4 Saturation Present? Yes X No Depth (inches): 0 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Indicators of wetland hydrology are present. US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP1 Remarks: (Include photo numbers here or on a separate sheet.) 100% of dominant vegetation is FAC or wetter. US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1. Ulmus rubra 60 Yes FAC Number of Dominant Species 2. Liquidambar styraciflua 20 Yes FAC That Are OBL, FACW, or FAC: 8 (A) 3• Total Number of Dominant 4. Species Across All Strata: 8 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 100.0% (A/B) 7. Prevalence Index worksheet: 80 =Total Cover Total % Cover of: Multiply by: 50% of total cover: 40 20% of total cover: 16 OBL species x 1 = Sapling/Shrub Stratum (Plot size: 15 ) FACW species x 2 = 1. Acer negundo 20 Yes FAC FAC species x 3 = 2. FACU species x4= 3. UPL species x 5 = 4. Column Totals: (A) (B) 5. Prevalence Index = B/A = 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. X 2 - Dominance Test is >50% 9. Prevalence Index is :53.01 20 =Total Cover -3 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 10 20% of total cover: 4 data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 ) -Problematic Hydrophytic Vegetation' (Explain) 1. Microstegium vimineum 20 Yes FAC 'Indicators of hydric soil and wetland hydrology must be 2. Toxicodendron radicans 15 Yes FAC present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Lemna minor 15 Yes OBL 4. Saururus cernuus 15 Yes OBL Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. Juncus effusus 5 No FACW more in diameter at breast height (DBH), regardless of 6. Ligustrum sinense 5 No FACU height. 7• Sapling/Shrub - Woody plants, excluding vines, less 8• than 3 in. DBH and greater than or equal to 3.28 ft 9 (1 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 75 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 38 20% of total cover: 15 height. Woody Vine Stratum (Plot size: 15 ) 1. Toxicodendron radicans 80 Yes FAC 2. 3. 4. 5. Hydrophytic 80 =Total Cover Vegetation 50% of total cover: 40 20% of total cover: 16 Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) 100% of dominant vegetation is FAC or wetter. US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: DP1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Types Loc2 Texture Remarks 0-8 7.5YR 4/2 95 7.5YR 5/8 5 C PL Clay Loam 8-20 7.5YR 4/2 70 7.5YR 5/8 30 C PL Clay Loam 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: _ Histosol (Al) _ Polyvalue Below Surface (S8) (MLRA 147, 148) —2 cm Muck (A10) (MLRA 147) _ Histic Epipedon (A2) —Thin Dark Surface (S9) (MLRA 147, 148) —Coast Prairie Redox (All 6) _ Black Histic (A3) _ Loamy Mucky Mineral (F1) (MLRA 136) (MLRA 147, 148) —Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) —Piedmont Floodplain Soils (F19) _ Stratified Layers (A5) X Depleted Matrix (F3) (MLRA 136, 147) _ 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) _ Red Parent Material (F21) _ Depleted Below Dark Surface (All 1) _ Depleted Dark Surface (F7) (outside MLRA 127, 147, 148) —Thick Dark Surface (All 2) _ Redox Depressions (F8) —Very Shallow Dark Surface (F22) —Sandy Mucky Mineral (S1) _ Iron -Manganese Masses (F12) (LRR N, —Other (Explain in Remarks) —Sandy Gleyed Matrix (S4) MLRA 136) —Sandy Redox (S5) _ Umbric Surface (F13) (MLRA 122, 136) 3Indicators of hydrophytic vegetation and —Stripped Matrix (S6) —Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, Dark Surface (S7) Red Parent Material (F21) (MLRA 127, 147, 148) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks: This data form is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. Indicators of hydric soils are present. US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Region Project/Site: Pineville Residential Site City/County: Mecklenburg Sampling Date: 6/23/17 Applicant/Owner: Timmons Group State: NC Sampling Point: DP2 Investigator(s): MMUDJZ Section, Township, Range: Pineville Landform (hillside, terrace, etc.): terrace Local relief (concave, convex, none): concave Slope (%): 0 Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.094997 Long: -80.890960 Datum: NAD83 Soil Map Unit Name: Iredell fine sandy loam (0-1 percent slopes [IrA]) NWI classification: N/A Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: Data point is representative of jurisdictional wetland area AA and BB HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) _Surface Soil Cracks (136) X Surface Water (Al) —True Aquatic Plants (614) —Sparsely Vegetated Concave Surface (138) —High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) _ Drainage Patterns (B10) X Saturation (A3) —Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (B16) —Water Marks (131) _ Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) —Sediment Deposits (132) _ Recent Iron Reduction in Tilled Soils (C6) —Crayfish Burrows (C8) _ Drift Deposits (63) _Thin Muck Surface (C7) _Saturation Visible on Aerial Imagery (C9) —Algal Mat or Crust (64) —Other (Explain in Remarks) —Stunted or Stressed Plants (D1) —Iron Deposits (65) _ Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (67) —Shallow Aquitard (D3) —Water -Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (1313) X FAC -Neutral Test (D5) Field Observations: Surface Water Present? Yes X No Depth (inches): 3 Water Table Present? Yes No X Depth (inches): Saturation Present? Yes X No Depth (inches): 0 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Indicators of wetland hydrology are present. US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP2 Remarks: (Include photo numbers here or on a separate sheet.) 100% of dominant vegetation is FAC or wetter. US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1. Quercus phellos 10 Yes FAC Number of Dominant Species 2. Ulmus rubra 10 Yes FAC That Are OBL, FACW, or FAC: 6 (A) 3• Total Number of Dominant 4. Species Across All Strata: 6 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 100.0% (A/B) 7. Prevalence Index worksheet: 20 =Total Cover Total % Cover of: Multiply by: 50% of total cover: 10 20% of total cover: 4 OBL species x 1 = Sapling/Shrub Stratum (Plot size: 15 ) FACW species x 2 = 1. Liquidambar styraciflua 20 Yes FAC FAC species x 3 = 2. FACU species x4= 3. UPL species x 5 = 4. Column Totals: (A) (B) 5. Prevalence Index = B/A = 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. X 2 - Dominance Test is >50% 9. Prevalence Index is :53.01 20 =Total Cover -3 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 10 20% of total cover: 4 data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 ) -Problematic Hydrophytic Vegetation' (Explain) 1. Juncus effusus 40 Yes FACW 'Indicators of hydric soil and wetland hydrology must be 2. Carex lurida 40 Yes OBL present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Lemna minor 10 No OBL 4. Toxicodendron radicans 10 No FAC Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5• more in diameter at breast height (DBH), regardless of 6 height. 7• Sapling/Shrub - Woody plants, excluding vines, less 8• than 3 in. DBH and greater than or equal to 3.28 ft 9 (1 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 100 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 50 20% of total cover: 20 height. Woody Vine Stratum (Plot size: 15 ) 1. Toxicodendron radicans 50 Yes FAC 2. 3. 4. 5. Hydrophytic 50 =Total Cover Vegetation 50% of total cover: 25 20% of total cover: 10 Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) 100% of dominant vegetation is FAC or wetter. US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: DP2 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Types Loc2 Texture 0-8 10YR 4/1 90 7.5YR 5/8 10 C PL Clay Loam Clay Clay Remarks 8-12 10YR 4/1 55 7.5YR 5/8 45 12-20 7.5YR 5/8 70 10YR 4/1 30 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: _ Histosol (Al) _ Polyvalue Below Surface (S8) (MLRA 147, 148) —2 cm Muck (A10) (MLRA 147) _ Histic Epipedon (A2) —Thin Dark Surface (S9) (MLRA 147, 148) —Coast Prairie Redox (All 6) _ Black Histic (A3) _ Loamy Mucky Mineral (F1) (MLRA 136) (MLRA 147, 148) —Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) —Piedmont Floodplain Soils (F19) _ Stratified Layers (A5) X Depleted Matrix (F3) (MLRA 136, 147) _ 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) _ Red Parent Material (F21) _ Depleted Below Dark Surface (All 1) _ Depleted Dark Surface (F7) (outside MLRA 127, 147, 148) —Thick Dark Surface (All 2) _ Redox Depressions (F8) —Very Shallow Dark Surface (F22) —Sandy Mucky Mineral (S1) _ Iron -Manganese Masses (F12) (LRR N, —Other (Explain in Remarks) —Sandy Gleyed Matrix (S4) MLRA 136) —Sandy Redox (S5) _ Umbric Surface (F13) (MLRA 122, 136) 3Indicators of hydrophytic vegetation and —Stripped Matrix (S6) —Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, Dark Surface (S7) Red Parent Material (F21) (MLRA 127, 147, 148) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks: This data form is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. Indicators of hydric soils are present. US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Region Project/Site: Pineville Residential Site City/County: Mecklenburg Sampling Date: 6/23/17 Applicant/Owner: Timmons Group State: NC Sampling Point: DP3-UPL Investigator(s): MMUDJZ Section, Township, Range: Pineville Landform (hillside, terrace, etc.): valley Local relief (concave, convex, none): concave Slope (%): 0 Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.091865 Long: -80.896466 Datum: NAD83 Soil Map Unit Name: Monacan loam (0-2 percent slopes, frequently flooded [MO]) NWI classification: N/A Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No X Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: Data point is representative of non -jurisdictional upland areas HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) _Surface Soil Cracks (136) —Surface Water (Al) —True Aquatic Plants (614) —Sparsely Vegetated Concave Surface (138) —High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) _ Drainage Patterns (B10) —Saturation (A3) —Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (B16) —Water Marks (131) _ Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) —Sediment Deposits (132) _ Recent Iron Reduction in Tilled Soils (C6) —Crayfish Burrows (C8) _ Drift Deposits (63) _Thin Muck Surface (C7) _Saturation Visible on Aerial Imagery (C9) —Algal Mat or Crust (64) —Other (Explain in Remarks) —Stunted or Stressed Plants (D1) —Iron Deposits (65) _ Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (67) —Shallow Aquitard (D3) —Water -Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (1313) FAC -Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes No X Depth (inches): Saturation Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: No indicators of wetland hydrology are present. US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP3-UPL Remarks: (Include photo numbers here or on a separate sheet.) 42.9% of dominant vegetation is FAC or wetter. US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1. Quercus phellos 30 Yes FAC Number of Dominant Species 2. Carya carolinae-septentrionalis 20 Yes UPL That Are OBL, FACW, or FAC: 3 (A) 3. Celtis occidentalis 10 No FACU Total Number of Dominant 4. Species Across All Strata: 7 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 42.9% (A/B) 7. Prevalence Index worksheet: 60 =Total Cover Total % Cover of: Multiply by: 50% of total cover: 30 20% of total cover: 12 OBL species x 1 = Sapling/Shrub Stratum (Plot size: 15 ) FACW species x 2 = 1. Carya carolinae-septentrionalis 30 Yes UPL FAC species x 3 = 2. FACU species x4= 3. UPL species x 5 = 4. Column Totals: (A) (B) 5. Prevalence Index = B/A = 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. Dominance Test is >50% 9. -2 Prevalence Index is :53.01 30 =Total Cover -3 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 15 20% of total cover: 6 data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 ) -Problematic Hydrophytic Vegetation' (Explain) 1. Ligustrum sinense 40 Yes FACU 'Indicators of hydric soil and wetland hydrology must be 2. Microstegium vimineum 30 Yes FAC present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Festuca spp. 20 Yes 4. Rubus argutus 10 No FACU Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5, more in diameter at breast height (DBH), regardless of 6 height. 7• Sapling/Shrub - Woody plants, excluding vines, less 8, than 3 in. DBH and greater than or equal to 3.28 ft 9 (1 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 100 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 50 20% of total cover: 20 height. Woody Vine Stratum (Plot size: 15 ) 1. Toxicodendron radicans 20 Yes FAC 2. 3. 4. 5. Hydrophytic 20 =Total Cover Vegetation 50% of total cover: 10 20% of total cover: 4 Present? Yes No X Remarks: (Include photo numbers here or on a separate sheet.) 42.9% of dominant vegetation is FAC or wetter. US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: DP3-UPL Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Types Loc2 Texture Remarks 0-10 5YR 4/4 100 Clay loam 10-20 10YR 4/3 100 Sandy Clay 'Type: C=Concentration, D=Depletion, Hydric Soil Indicators: _ Histosol (A1) _ Histic Epipedon (A2) _ Black Histic (A3) —Hydrogen Sulfide (A4) _ Stratified Layers (A5) _ 2 cm Muck (A10) (LRR N) _ Depleted Below Dark Surface (All 1) _Thick Dark Surface (All 2) —Sandy Mucky Mineral (S1) —Sandy Gleyed Matrix (S4) —Sandy Redox (S5) —Stripped Matrix (S6) Dark Surface (S7) Restrictive Layer (if observed): Type: Depth (inches): RM=Reduced Matrix, MS=Masked Sand Grains. _ Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) _ Loamy Mucky Mineral (F1) (MLRA 136) _ Loamy Gleyed Matrix (F2) _ Depleted Matrix (F3) _ Redox Dark Surface (F6) _ Depleted Dark Surface (F7) _ Redox Depressions (F8) _ Iron -Manganese Masses (F12) (LRR N, MLRA 136) _ Umbric Surface (F13) (MLRA 122, 136) —Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147, 148) 2Location: PL=Pore Lining, M=Matrix Indicators for Problematic Hydric Soils3: 2 cm Muck (A10) (MLRA 147) —Coast Prairie Redox (All 6) (MLRA 147, 148) —Piedmont Floodplain Soils (F19) (MLRA 136, 147) _ Red Parent Material (F21) (outside MLRA 127, 147, 148) —Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes No X Remarks: This data form is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. No indicators of hydric soils are present. US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Region Project/Site: Pineville Residential City/County: Mecklenburg Sampling Date: 6/27/17 Applicant/Owner: Timmons Group State: NC Sampling Point: DP4 Investigator(s): DJZ Section, Township, Range: Pineville Landform (hillside, terrace, etc.): valley Local relief (concave, convex, none): concave Slope (%): 0 Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.089216 Long: -80.889621 Datum: NAD83 Soil Map Unit Name: Iredell fine sandy loam, 1-8 % slopes (IrB) NWI classification: N/A Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: Data point is representative of jurisdictional wetland area EE HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) _Surface Soil Cracks (136) X Surface Water (Al) —True Aquatic Plants (1314) —Sparsely Vegetated Concave Surface (138) _ High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) X Drainage Patterns (1310) X Saturation (A3) —Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (B16) —Water Marks (61) _ Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) —Sediment Deposits (62) _ Recent Iron Reduction in Tilled Soils (C6) —Crayfish Burrows (C8) _ Drift Deposits (63) _Thin Muck Surface (C7) _Saturation Visible on Aerial Imagery (C9) —Algal Mat or Crust (64) —Other (Explain in Remarks) —Stunted or Stressed Plants (D1) —Iron Deposits (135) X Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (67) —Shallow Aquitard (D3) —Water -Stained Leaves (139) _ Microtopographic Relief (D4) X Aquatic Fauna (613) FAC -Neutral Test (D5) Field Observations: Surface Water Present? Yes X No Depth (inches): 3 Water Table Present? Yes No X Depth (inches): Saturation Present? Yes X No Depth (inches): 0 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Indicators of wetland hydrology are present. US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP4 Remarks: (Include photo numbers here or on a separate sheet.) 100% of dominant vegetation is FAC or wetter. US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1. Ulmus rubra 85 Yes FAC Number of Dominant Species 2. Quercus phellos 15 No FAC That Are OBL, FACW, or FAC: 4 (A) 3. Total Number of Dominant 4. Species Across All Strata: 4 (B) 5• Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 100.0% (A/B) 7. Prevalence Index worksheet: 100 =Total Cover Total % Cover of: Multiply by: 50% of total cover: 50 20% of total cover: 20 OBL species x 1 = Sapling/Shrub Stratum (Plot size: 15 ) FACW species x 2 = 1. Ulmus rubra 60 Yes FAC FAC species x3= 2. FACU species x4= 3. UPL species x 5 = 4. Column Totals: (A) (B) 5. Prevalence Index = B/A = 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. X 2 - Dominance Test is >50% 9. 3 Prevalence Index is 53.0' 60 =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 30 20% of total cover: 12 data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 ) -Problematic Hydrophytic Vegetation' (Explain) 1. Acernegundo 5 Yes FAC 'Indicators of hydric soil and wetland hydrology must be 2. present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. 4• Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5, more in diameter at breast height (DBH), regardless of 6 height. 7• Sapling/Shrub - Woody plants, excluding vines, less 8, than 3 in. DBH and greater than or equal to 3.28 ft 9 (1 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 5 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 3 20% of total cover: 1 height. Woody Vine Stratum (Plot size: 15 ) 1. Toxicodendron radicans 5 Yes FAC 2. 3. 4. 5. Hydrophytic 5 =Total Cover Vegetation 50% of total cover: 3 20% of total cover: 1 Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) 100% of dominant vegetation is FAC or wetter. US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: DP4 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) 2Location: PL=Pore Lining, M=Matrix. Depth Matrix Indicators for Problematic Hydric Soils3: Redox Features _ Polyvalue Below Surface (S8) (MLRA 147, 148) (inches) Color (moist) % Color (moist) % Types Loc2 Texture Remarks 0-8 10YR 4/1 85 7.5YR 4/6 15 C PL Silt Loam 8-14 7.5YR 5/8 65 10YR 4/1 35 Clay 14-20 7.5YR 5/8 90 10YR 4/1 10 Clay 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: _ Histosol (Al) _ Polyvalue Below Surface (S8) (MLRA 147, 148) —2 cm Muck (A10) (MLRA 147) _ Histic Epipedon (A2) —Thin Dark Surface (S9) (MLRA 147, 148) —Coast Prairie Redox (All 6) _ Black Histic (A3) _ Loamy Mucky Mineral (F1) (MLRA 136) (MLRA 147, 148) —Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) —Piedmont Floodplain Soils (F19) —Stratified Layers (A5) X Depleted Matrix (F3) (MLRA 136, 147) _ 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) _ Red Parent Material (F21) _ Depleted Below Dark Surface (All 1) _ Depleted Dark Surface (F7) (outside MLRA 127, 147, 148) —Thick Dark Surface (All 2) _ Redox Depressions (F8) —Very Shallow Dark Surface (F22) —Sandy Mucky Mineral (S1) _ Iron -Manganese Masses (F12) (LRR N, —Other (Explain in Remarks) —Sandy Gleyed Matrix (S4) MLRA 136) —Sandy Redox (S5) _ Umbric Surface (F13) (MLRA 122, 136) 3Indicators of hydrophytic vegetation and —Stripped Matrix (S6) —Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, Dark Surface (S7) Red Parent Material (F21) (MLRA 127, 147, 148) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks: This data form is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. Indicators of hydric soils are present. US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Region Project/Site: Pineville Residential Site City/County: Mecklenburg Sampling Date: 7/5/17 Applicant/Owner: Timmons Group State: NC Sampling Point: DP5 Investigator(s): MML/AVH Section, Township, Range: Pineville Landform (hillside, terrace, etc.): valley Local relief (concave, convex, none): concave Slope (%): 0 Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.090612 Long: -80.889668 Datum: NAD83 Soil Map Unit Name: Iredell fine sandy loam (1-8 percent slopes) NWI classification: N/A Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No X Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: Data point is representative of jurisdictional wetland area FF, and GG HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) _Surface Soil Cracks (136) —Surface Water (Al) —True Aquatic Plants (1314) —Sparsely Vegetated Concave Surface (138) _ High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) X Drainage Patterns (1310) X Saturation (A3) —Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (B16) —Water Marks (61) _ Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) —Sediment Deposits (62) _ Recent Iron Reduction in Tilled Soils (C6) —Crayfish Burrows (C8) _ Drift Deposits (63) _Thin Muck Surface (C7) _Saturation Visible on Aerial Imagery (C9) —Algal Mat or Crust (64) —Other (Explain in Remarks) —Stunted or Stressed Plants (D1) —Iron Deposits (135) X Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (67) —Shallow Aquitard (D3) —Water -Stained Leaves (69) _ Microtopographic Relief (D4) Aquatic Fauna (613) X FAC -Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes X No Depth (inches): 4 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Indicators of wetland hydrology are present. US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP5 Remarks: (Include photo numbers here or on a separate sheet.) 78.6 % of dominant vegetation is FAC or wetter. US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1. Quercus lyrata 30 Yes OBL Number of Dominant Species 2. Ulmus rubra 20 Yes FAC That Are OBL, FACW, or FAC: 11 (A) 3. Carya laciniosa 20 Yes FAC Total Number of Dominant 4. Quercus phellos 20 Yes FAC Species Across All Strata: 14 (B) 5. Celtis laevigata 20 Yes FACW Percent of Dominant Species 6. Juniperus virginiana 10 No FACU That Are OBL, FACW, or FAC: 78.6% (A/B) 7. Tilia americana 5 No FACU Prevalence Index worksheet: 125 =Total Cover Total % Cover of: Multiply by: 50% of total cover: 63 20% of total cover: 25 OBL species x 1 = Sapling/Shrub Stratum (Plot size: 15 ) FACW species x 2 = 1. Fraxinus pennsylvanica 10 Yes FACW FAC species x 3 = 2. Celtis laevigata 10 Yes FACW FACU species x4= 3. Viburnum prunifolium 5 No FACU UPL species x 5 = 4. Juniperus virginiana 5 No FACU Column Totals: (A) (B) 5. Prevalence Index = B/A = 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. X 2 - Dominance Test is >50% 9. 3 Prevalence Index is 53.0' 30 =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 15 20% of total cover: 6 data in Remarks or on a separate sheet) Herb Stratum (Plot size: 10 ) -Problematic Hydrophytic Vegetation' (Explain) 1. Lonicera japonica 15 Yes FACU 'Indicators of hydric soil and wetland hydrology must be 2. Fraxinus pennsylvanica 5 Yes FACW present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Celtis laevigata 5 Yes FACW 4. Ligustrum sinense 5 Yes FACU Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. Parthenocissus quinquefolia 5 Yes FACU more in diameter at breast height (DBH), regardless of 6. Smilax rotundifolia 5 Yes FAC height. 7• Sapling/Shrub - Woody plants, excluding vines, less 8• than 3 in. DBH and greater than or equal to 3.28 ft 9 (1 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 40 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 20 20% of total cover: 8 height. Woody Vine Stratum (Plot size: 15 ) 1. Toxicodendron radicans 10 Yes FAC 2. 3. 4. 5. Hydrophytic 10 =Total Cover Vegetation 50% of total cover: 5 20% of total cover: 2 Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) 78.6 % of dominant vegetation is FAC or wetter. US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: DP5 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Types Loc2 Texture Remarks 0-2 2.5Y 4/2 100 Sandy Clay Loam 2-9 7.5YR 4/2 100 Clay Loam 9-20 10YR 5/1 70 10YR 6/6 30 C PL Clay 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: _ Histosol (Al) _ Polyvalue Below Surface (S8) (MLRA 147, 148) —2 cm Muck (A10) (MLRA 147) _ Histic Epipedon (A2) —Thin Dark Surface (S9) (MLRA 147, 148) —Coast Prairie Redox (All 6) _ Black Histic (A3) _ Loamy Mucky Mineral (F1) (MLRA 136) (MLRA 147, 148) —Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) —Piedmont Floodplain Soils (F19) _ Stratified Layers (A5) X Depleted Matrix (F3) (MLRA 136, 147) _ 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) _ Red Parent Material (F21) _ Depleted Below Dark Surface (All 1) _ Depleted Dark Surface (F7) (outside MLRA 127, 147, 148) —Thick Dark Surface (All 2) _ Redox Depressions (F8) —Very Shallow Dark Surface (F22) —Sandy Mucky Mineral (S1) _ Iron -Manganese Masses (F12) (LRR N, —Other (Explain in Remarks) —Sandy Gleyed Matrix (S4) MLRA 136) —Sandy Redox (S5) _ Umbric Surface (F13) (MLRA 122, 136) 3Indicators of hydrophytic vegetation and —Stripped Matrix (S6) —Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, Dark Surface (S7) Red Parent Material (F21) (MLRA 127, 147, 148) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks: This data form is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. Indicators of hydric soils are present. US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 W Wetland Water of the US Wetland DD 0.54 acre Non -wetland r Water of the US Perennial Stream B 289 If Non -wetland DWater of the US Perennial Stream A (Sugar Creek) JAV \0.35 Isolated Non -404 7 m SUN 00 w_ oz v .. Z1 d Jurisdictional Wetland (� c -0 m Z t� o m Isolated Non -404 aA Non -wetland y Q Project Limits (134.8 ac.) N d" > a` rn U —Perennial Stream Wetland AA v a U Stream B 1,854 If 0.84 acre ®Wetlands y -p 0 0 (D > 0.04 acre O Culvert OL 1 inch = 200 feet PCulvert Non -404 Jurisdictional Wetland m m o _ FEMA Existing 100yr Floodplain Wetland GG V Q 0.04 acre O Geed o o � l O ♦SCP Stream Classification Point FIGURE NO. e H Photo Location and Direction / N wr REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENT, DATED 2018. ---- 7 NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED IN THE FIELD), CLASSIFIED, AND 950 475 i 00 ... DP2 m 0 � m s p I oep Isolated Non -404 d6sr g Jurisdictional Wetland i eio 3 Wetland Water0.06 Wetland BB acre 1 inch = 200 feet Qm of the US S Wetland CC 0.04 acre _a m ®0 d Existing Crossing LN 0 of Stream B (18.2 If) g o= CP1 L 0 E y E r FO Isolated Non -404 ` - Jurisdictional Wetland •L 4) ? o ° Wetland EE acre ca c P 7 m SUN w_ oz v .. Z1 d Legend (� c -0 m Z t� o m Isolated Non -404 aA Non -wetland y Q Project Limits (134.8 ac.) O y i d" > a` rn Water of the US Jurisdictional Wetland Wetland FF —Perennial Stream V ' v a U Stream B 1,854 If 0.84 acre ®Wetlands y -p '5 '5 1 ® Isolated Non -404 Jurisdictional Wetland > a ODP3 Culvert OL 1 inch = 200 feet PCulvert Non -404 Jurisdictional Wetland Openings Isolated CL a _ FEMA Existing 100yr Floodplain Wetland GG V Q 0.04 acre O Geed ODP Data Point l O ♦SCP Stream Classification Point FIGURE NO. aw°` O Q o H Photo Location and Direction / Indicates F Flow REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY MECKLENBURG COUNTY GIS DEPARTMENT, DATED 2018. ---- 7 NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED IN THE FIELD), CLASSIFIED, AND 950 475 0 950 Feet MAPPED USING ASUB-FOOT GPS UNIT BY CWS, INC., ON JUNE 23 AND 27, 2017. Liberty Crossing Attachment Sheet July 3, 2019 CWS Project No. 2018-0402 Attachment C PCN Pursuant to NWP 29 C] Y Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes NX No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 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 X❑ No For the record only for Corps Permit: ❑ Yes NX 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. ❑X Yes ❑ No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. N Yes ❑X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Preston Park 2b. County: Mecklenburg 2c. Nearest municipality / town: Pineville 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Cranford Single Family Lots LLC 3b. Deed Book and Page No. 32957-18 3c. Responsible Party (for LLC if applicable): Susan Rosenblatt 3d. Street address: 136 Main Street 3e. City, state, zip: Pineville, NC 28134 3f. Telephone no.: 704-363-1368 3g. Fax no.: N/A 3h. Email address: susan@gvestcapital.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Dan Zurlo 5b. Business name (if applicable): Carolina Wetland Services 5c. Street address: 550 E Westinghouse Blvd 5d. City, state, zip: Charlotte, NC 28273 5e. Telephone no.: 717-460-3466 5f. Fax no.: N/A 5g. Email address: dan@cws-inc.net Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 20508102, 20508109, 20502387, 20507119, 20502118 1 b. Site coordinates (in decimal degrees): Latitude: 35.093044 Longitude: -80.893479 1 c. Property size: 134.8 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Sugar Creek 2b. Water Quality Classification of nearest receiving water: Class C 2c. River basin: Lower Catawba 03050103 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 project area consists of agricultural land, deciduous forest, woody wetlands, and a maintained power line right-of-way. On-site elevations ranges from 530-560 feet above mean sea level (Figure 2). Land cover within the project area consists of deciduous forest, agricultural land and woody wetlands. 3b. List the total estimated acreage of all existing wetlands on the property: 1.87 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3,337 3d. The Explain the purpose of the proposed project: purpose of the project is to construct a single-family residential subdivision. 3e. See Describe the overall project in detail, including the type of equipment to be used: additional sheets (Attachment D) 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases in the past? 0 Yes ❑ No ❑ Unknown Comments: See response to 5b in this section 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): Dan zurlo Agency/Consultant Company: Carolina wetland Services Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. The site was field verified by David Shaeffer of the USACE on June 15, 2018. A PJD was submitted for this site, however due the results of the field verification we would like to withdraw the PJD application and re -submit an AJD application, Action ID: SAW -2018-00862 (Attachment B). 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? DYes ❑ No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. See additional sheets (Attachment D) 6. Future Project Plans 6a. Is this a phased project? ❑ Yes 0 No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X Wetlands Q 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 impact Type of wetland Forested Type of jurisdiction Area of number Corps (404,10) or impact Permanent (P) or DWQ (401, other) (acres) Temporary T W1 P Fill Small -Basin Wetland Yes DWQ 0.04 W2 P Fill Small -Basin Wetland Yes DWQ 0.06 W3 P Fill Small -Basin Wetland Yes DWQ 0.15 W4 P Fill Small -Basin Wetland Yes DWQ 0.04 W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 0.29 2h. Comments: All wetland impacts will be to isolated, non -404 jurisdictional wetlands. Impacts fall below the NC DEQ IWGP 100000 notification threshold of 0.5 acre. 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. 3g. Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact number intermittent (INT)? jurisdiction stream length Permanent (P) or width (linear Temporary (T) (feet) feet) S1 P Culvert Stream B PER Corps 4 11 S2 P Fill Stream B PER Corps 4 80 S3 T Rip Rap Armoring Stream B PER Corps 4 27 S4 T Dewatering Stream B PER Corps 4 40 S5 T Culvert Stream B PER Corps 4 40 S6 - Choose one - 3h. Total stream and tributary impacts 198 3i. Comments: Permanent stream impacts will total 118 If. Loss of waters will total 91 If. Rip rap armoring of the downstream outlet of the proposed culvert will result in 27 If of permanent impacts, however this is not considered a loss of waters as the rip rap will be placed at grade within the stream. Page 4 of 10 PCN Form — Version 1.4 January 2009 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 indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose O2 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 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 any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 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 - Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. See additional sheets (Attachment D). 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. See additional sheets (Attachment D). 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? ❑X Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑X Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑X 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: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑X Yes 4b. Stream mitigation requested: 91 linear feet 4c. If using stream mitigation, stream temperature: warm 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: Stream B scored a 'low' on NCSAM due to the primary use of the riparian area and watershed as agricultural (Attachment I and J). 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 6 of 10 PCN Form — Version 1.4 January 2009 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 Yes ❑X No buffer mitigation? 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. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. 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). 6h. Comments: Page 7 of 10 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 ❑ Yes ❑X No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 424% 2b. Does this project require a Stormwater Management Plan? ❑ Yes ❑X No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The overall imperviousness of this project is <24%. Therefore, a stormwater management plan is not required. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? ❑ Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been El Yes ❑X No attached? 4. DWQ Stormwater Program Review El Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): F-1 Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form - Version 1.4 January 2009 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 ❑X 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)? 1c. 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, El Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑Yes ❑X 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 El Yes ❑X 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. 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. Wastewater will be piped to the nearest Charlotte -Mecklenburg sewage treatment facility. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑X Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑x Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A field assessment of the on-site habitat was conducted, and a review by the USFWS-Asheville Field Office was requested. The Asheville Field Office determined that endangered species habitat exists on-site and recommended a targeted species survey (Attachment L). 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 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 ❑ Yes ❑X No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? See NC SHPO concurrence (Attachment M) 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑X Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: A floodplain development permit will be obtained from the local FEMA administrator (CLOMR), however no fill in streams or wetlands within the FEMA 100 -year floodplain is proposed. 8c. What source(s) did you use to make the floodplain determination? FEMA FRIM No. 3710455100K Dan Zurlo Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 Liberty Crossing Attachment Sheet Attachment D Additional Sheets July 3, 2019 CWS Project No. 2018-0402 Additional Supplemental Information Preston Park Pre -Construction Notification For Activities Affecting Waters of the United States of the State of North Carolina 133e. Describe the overall project in detail, including the type of equipment to be used. The Preston Park project involves grading and construction of a proposed single family residential development, along with associated access roads. Proposed activities in waters of the U.S. include one culverted stream crossing (S1 -S4). Proposed impacts include the installation of three 45"x 29", elliptical, 39 -If reinforced concrete pipes (RCP) that will result in 91 -If to Stream B (S1-S2) and an additional 27 -If of rip rap (S3) to stabilize the inlet and outlet of the pipes. 11 -If of Stream B will be piped, between the culvert outlet and currently existing crossing (S1). The 80 -If of Stream B upstream of the existing crossing angles away from the proposed culvert, and as a result will be filled (S2). Drainage in the area will be diverted to the inlet of the proposed culvert. The proposed culvert cannot be angled to match the stream as this would require a full re -design and grading on the adjacent parcel, not owned by the applicant. Due to project time constraints, these options would be unfeasible. The proposed culverted crossing will involve two additional pipes to handle bankfull flows. They will have a steel plate baffle system installed at the bankfull height (Attachment H, Detail Sheet 2). An additional 40 -If of temporary impact will result from a pump around operation to dewater the stream (S4). Permanent impacts to Stream B will total 118 -If, however only the impacts associated with the pipe installation and fill will result in a loss of waters (91 -If), requiring mitigation, as the rip rap stabilization will be keyed into the bed and of the stream and not alter the original bed grade. One temporary crossing of Stream B will be constructed to support construction equipment, resulting in 40 If of temporary impact (S5). (Attachment H, Preferred Site Design and Detail Sheet 3). A second crossing of Stream B is proposed, however it will be a bottomless, arched crossing that will have no impact to the bed or bank of Stream B (Attachment H, Preferred Site Design, Detail Sheet 2). All on-site Jurisdictional wetlands will be avoided. The only permanent wetland impacts will be to 0.29 acre of isolated, non -404 jurisdictional wetlands. These impacts fall below the NC IWGP 100000 notification threshold. Equipment to be used includes a track hoe, dump truck, pumps, various hand tools, possibly a crane to move construction material such as reinforced bars of steel, and concrete buckets to place concrete. Typical heavy equipment will be used in the grading operations (bulldozers, excavators, dump trucks, graders, etc.). BSa. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? Yes. BSb. If yes, explain in detail according to "help file" instructions. Section 404 and AJD verification pursuant to NWP 12 was issued for site tax parcel 2050810 on March 6, 2014 (SAW -2014-0393). The NWP 12 verification expired March 18, 2017, and the AJD verification expired March 6, 2019 (Attachment E). A new AJD request will be submitted with this permit application to verify the current wetland boundaries on the site. 131 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. To avoid and minimize impacts to waters of the U.S., the project limits were delineated for streams and wetlands prior to site design. All on-site Jurisdictional wetlands will be avoided, while the only wetlands to be impacted are classified as isolated, non -404 Waters of the State. Permanent impacts to Stream B total 118 -If. 91 -If of impacts to Stream B are considered a loss of waters and will require compensatory mitigation. A "No Build" alternative was considered. Since the purpose of the project is to construct a residential development, a "No Build" option would not meet any of the project goals. Rejected Alternative Site Design 1: The initial site design called for two permanent crossings of Stream B, which would have resulted in 125 If of loss of waters due to construction of an on-site road. This design would have resulted in unacceptable impacts to waters of the U.S. and excessive mitigation costs. Additionally, due to overhead interference with the existing Duke Energy powerline right-of-way, the on-site road providing access to Industrial Drive had to be realigned. Therefore, this design was rejected (Attachment H, Rejected Alternative Site Design; Sheet 7). Preferred Site Design 2: The site was re -designed to minimize impacts to waters of the U.S. and to accommodate the overhead clearance requirements for the existing Duke Energy powerline right-of-way. One of the proposed crossings of Stream B was re -designed as bottomless archway. Therefore, this crossing will result in no impacts to Stream B. The second crossing (S1 -S4) of Stream B was re -designed and shortened, as the on-site access road was realigned. The new crossing will be a culverted crossing resulting in just 91 -If of loss of waters. Payment to the NC DMS in -lieu fee program will be made to mitigate this impact. This crossing will consist of fill and three elliptical 45"x29" precast reinforced concrete pipes. The pipe to be placed within the stream bed will be buried to 9" and will not change the original grade or width of Stream B. The two additional pipes will handle only bankfull flows and have a steel plate baffle system installed at the bankfull height to minimize impacts to Stream B (Attachment H, Preferred Site Design; Detail Sheet 1). Placement of rip rap at the inlet and outlet of the culvert will result in a further 27 -If of permanent impact to Stream B. However, because the rip rap will be keyed into the bed of the stream, this impact will not result in a loss of waters. The proposed culverted crossing will involve two additional pipes to handle bankfull flows. They will have a steel plate baffle system installed at the bankfull height (Attachment H, Detail Sheet 1). An additional 40 -If of temporary impact will result from a pump around operation to dewater the stream (S4). A second crossing of Stream B is proposed, however it will be a bottomless, arched crossing that will have no impact to the bed or bank of Stream B (Attachment H, Preferred Site Design, Detail Sheet 2). One temporary crossing of Stream B will be constructed to support transportation of construction equipment, resulting in 40 If of temporary impact (S5). This crossing will be removed completion of construction. Substrate removed from the stream bed will be replaced and the stream bank will be stabilized with coir fabric and native seed mix (Attachment H, Preferred Site Design, Detail Sheet 3). All on-site Jurisdictional wetlands will be avoided. The only permanent wetland impacts will be to 0.29 acre of isolated, non -404 jurisdictional wetlands. These impacts fall below the NC IWGP 100000 notification threshold. D1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Erosion and sedimentation control measures will be properly installed and inspected in accordance with the latest NPDES permit. Erosion and sedimentation BMPs will be installed prior to construction. Water will be diverted around the work area to prevent sedimentation of downstream aquatic resources and all work will be conducted in the dry. Impacts will be minimized by strict enforcement of Best Management Practices for the protection of surface waters, restrictions against the staging of equipment in or adjacent to waters of the US. This project will follow all conditions of NWP 29 and WGC 4139. All temporary impacts will be removed, and channel bed and banks will be restored to pre-existing elevations. Equipment to be used includes a track hoe, dump truck, pumps, various hand tools, possibly a crane to move construction material such as reinforced bars of steel, and concrete buckets to place concrete. Typical heavy equipment will be used in the grading operations (bulldozers, excavators, dump trucks, graders, etc.). Liberty Crossing Attachment Sheet Attachment E July 3, 2019 CWS Project No. 2018-0402 Expried 2014 AJ D and NWP Authorization PERMIT ORM ID NUMBER: SAW -2014-0 () 3 F3 From Date: To Date: Combined with: SAW - Converted From: SAW - Related to: SAW - Remarks: U.S. ARMY CURDS OF ENGINEERS FILE WILMINGTON DISTRICT COPY Action ID. SAW -2014-00393 County: Mecklenburg USGS Quad: SC -Fart Mill GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner/ Authorized Agent: Charlotte -Mecklenburg Utilities Department ,Amy Vershel, PE Address: 5100 Brookshire Blvd. Charlotte, North Carolina 28216 Telephone No.: 704-391-5145 Size and location of property (water body, road natne/number, town, etc.): The project is located in Charlotte and begins at the exisiting pumping station near the NW corner of the junction of Steele Creek and Choate Circle. It extends to Carolina Place Pwy. Near Interstate 77, at coordinates 35.100052N, -80.916891 the sewer Gne crosses the South Carolina line for 3507 linear feet and crosses back into North Carolina at 35.083585N, -80.916821W Coordinates: Start at 35.09797 N, - 50.95604W, ends 35.066891N, -80.83543W. Description of projects area and activity: This permit authorizes excavation and placement of fill material associated with sewer line replacement and installation to replace the existing Steele Creek pumpingstation and 24 -inch diameter force main with a new 30 mgd pumping station and 35,500 feet of 364nch diameter force main to serve the Steele Creek sewer basin in southwestern in Mecklenburg County. In addition two other elements will be constructed: 304nch diameter Steele Creek gravity sewer and the Wetshall Pumping Station Elimination Project Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number. Nationwide Permit Number: 12 Summary of Authorized Impacts and Required Mitigation Impact ID # NWP GP # Open Water (ac) Wetland (ac) Temporary Permanent Temporary Permanent Stream 1 Temporary Permanent 1 12 80 2 12 64 3 12 96 4 12 98 5 12 40 6 12 5o 7 12 83 8 12 47 9A 12 55 98 12 110 10 12 50 11 12 40 12 12 52 13 12 20 14 12 15 15 12 105 A 12 0.167 0.037 B 12 0 0 B -C 12 0 0 E 12 0.081 0 F 1 12 0.194 0 G 12 0 0 J 12 0.015 0.009 K 12 0.215 0.106 L 12 0.107 0.032 T 12 0.169 0.047 UN 12 0 0 W 12 0 0 A 12 0.017 0 Y 12 0 0 Z 12 0 0 CW 12 0 0 Westhall 12 .309 0.144 Impact Totals 12 1035 If Total Loss of Waters of the U.S. (ac) 0.375 Required Wetland Mitigation (ac) Total Loss of Waters of the U.S. (If) 0.375 Required Stream Mitigation (If) Additional Remarks and/or Special Permit Conditions Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your plans submitted on September 16, 2013. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 807-6300) to determine Section 401 requirements. You may also visit their website at: http://portal.ncdenr.orejweb/wg/sn/ws/webscage For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact William Elliott at 828-271-7980. Corps Regulatory Official William Elliott ��� Date: Mar 6, 2014 Expiration Date of Verification: March 18, 2017 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://per2.nwp.usace.army.miUsurvey.html to complete the survey online. Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID Basis of Jurisdictional Determination: CHOOSE ONE THEN DELETE OTHERS: The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the Interim Regional Supplement to the Corps of Engineers Wetlands Delineation Manual. Eastern Mountain and Piedmont Region. These wetlands are adjacent to stream channels located on the property that exhibit indicators of ordinary high water marks. The stream channel on the property is known as Steel Creek, Little Sugar Creek, McCullough Branch which flows into the Lower Catawba, NC -SC 3050103 River. This jurisdictional determination is valid for the impact areas only. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Appeals Information: (This information applies only to approved jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60 days from the Issue Date below. **Jt is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: William Elliott Issue Date: Mar 6, 2014 Expiration Date: Five years from Issue Date Copy Furnished: John B. (Jay) Fulmer, Jr., PE Supervising Engineer Permit Number: SAW -2014-00393 Permit Type: NW 12 Name of County: Mecklenburg Name of Permittee: Charlotte -Mecklenburg Utilities Department ,Amy Vershel, PE Date of Issuance: Mar 6, 2014 Project Manager: William Elliott Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: U.S. Army Corps of Engineers Attention: CESAW-RG-A 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Please note that your permitted activity is subject to a compliance inspection by an U.S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date im .. N FICAaN® AD INISTRA t =APPEAL ®P Q AND ' ROC�+FS1S 1 r Applicant: Charlotte -Mecklenburg Utilities File Number: SAW -2014- Date: Mar 6, 2014 Department ,Amy Vershel, PE 00393 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I4The following identifies `your rights`�and options,regarding an administrative appeal of the above decision Additidnal`information may be found at http %/www u ace army.mtl/CECW/Pages/reg, materials.as x or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit_ • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. If you have questions regarding this decision add/or the appeal process you may contact: William Elliott, Project Manager USACE, Asheville Regulatory Field Office 151 Patton Ave RM 208 Asheville, NC 28801 828-271-7980 If you only have questions regarding the appeal process you may also contact: Mr. Jason Steele, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: of appellant or For appeals on Initial Proffered Permits send this form to: Telephone number: District Engineer, Wilmington Regulatory Division, Attn: William Elliott, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303- 8801. Phone: (404) 562-5137 CESAW-RG Application No. SAW -2014-00393 MEMORANDUM FOR RECORD SUBJECT: Department of the Army Memorandum Documenting Nationwide Permit/Regional General Permit Verification 1. Applicant: Charlotte -Mecklenburg Utilities Department, Amy Vershel, PE 2. Project Location (Waterway, Section, Township, Range, City, County, State): The project is located in Charlotte and begins at the exisiting pumping station near the NW corner of the junction of Steele Creek and Choate Circle. It extends to Carolina Place Pwy. Near Interstate 77, at coordinates 35.100052N, -80.916891 the sewer line crosses the South Carolina line for 3507 linear feet and crosses back into North Carolina at 35.083585N, -80.916821W Coordinates: Start at 35.09797 N, -80.95604W, ends 35.066891N, -80.83543W. 3. Pre -Construction Notification Receipt Date: January 21, 2014 Complete? ®Yes [:]No 4. Additional Information Requested Date: 5. Pre -Construction Notification Complete Date: January 21, 2014 6. Waters of the US: *Refer to Basis of Jurisdictional Determination section above dated: Mar 6, 2014 7. Authority: Section 404 8. Project Description (Describe activities in waters of the U.S. considered for verification): This permit authorizes excavation and placement of fill material associated with sewer line replacement and installation to replace the existing Steele Creek pumping station and 24 -inch diameter force main with a new 30 mgd pumping station and 35,500 feet of 36 -inch diameter force main to serve the Steele Creek sewer basin in southwestern in Mecklenburg County. In addition two other elements will be constructed: 30 -inch diameter Steele Creek gravity sewer and the Wetshall Pumping Station Elimination Project. 9. Type of Permit Requested: 12 10. Pre -construction Notification Required: ®Yes ❑No 12 11. Waiver required to begin work (see GC 27 (a)(2) as applied to appropriate NWPs): ❑Yes 2 No a. Is compensatory mitigation required for unavoidable impacts to jurisdictional aquatic resources to reduce the individual and cumulative adverse environmental effects to a minimal level? ® yes ❑ no [If "no, " do not complete the rest of this .section and include an explanation of why not here] - Minimal Impacts to aquatic resources associated with the project. b. Is the impact in the service area of an approved mitigation bank? ❑ yes ® no (1) Does the mitigation bank have appropriate number and resource type of credits available? ❑ yes ❑ no c. Is the impact in the service area of an approved in -lieu fee program? ® yes ❑no (a) Does the in -lieu fee program have appropriate number and resource type of credits available? ® yes ❑ no d. Check the selected compensatory mitigation option(s): ❑ mitigation bank credits ® in -lieu fee program credits ❑ permittee -responsible mitigation under a watershed approach ❑ permittee -responsible mitigation, on-site and in-kind ❑ permittee -responsible mitigation, off-site and out -of -kind e. If a selected compensatory mitigation option deviates from the order of the options presented in §332.3(b)(2)-(6), explain why the selected compensatory mitigation option is environmentally preferable. Address the criteria provided in §332.3(a)(1) (i.e., the likelihood for ecological success and sustainability, the location of the compensation site relative to the impact site and their significance within the watershed, and the costs of the compensatory mitigation project): Determination (Reference General Condition 27(e)): The proposed activity, with proposed mitigation (if applicable) would result in no more than minimal individual and cumulative adverse environmental effects and would not be contrary to the public interest provided the special conditions and/or modifications identified in the above sections are incorporated. This project complies with all terms and conditions of 12, including any applicable regional conditions. PREPARED BY: Date: Mar 6, 2014 William Elliott Regulatory Specialist/Project Manager APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION 1: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): Mar 6, 2014 B. DISTRICT OFFICE, FILE NAME, AND NUMBER:CESAW-RG-A, SAW -2014-00393, Charlotte -Mecklenburg Utilities Department,Amy Vershel, PE C. PROJECT LOCATION AND BACKGROUND INFORMATION: The project is located in Charlotte and begins at the exisiting pumping station near the NW corner of the junction of Steele Creek and Choate Circle. It extends to Carolina Place Pwy. Near Interstate 77, at coordinates 35.100052N, -80.916891 the sewer line crosses the South Carolina line for 3507 linear feet and crosses back into North Carolina at 35.083585N, -80.916821W State: NC County/parish/borough: Mecklenburg City: Charlotte Center coordinates of site (lat/long in degree decimal format): Latitude & Longitude in Decimal Degrees: 35.09797N, - 80.95604W, ends 35.066891N, -80.83543W Universal Transverse Mercator: Name of nearest water body: Steel Creek, Little Sugar Creek, McCullough Branch Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Name of watershed or I lydrologic Unit Code (HUC): Lower Catawba, NC -SC 3050103 ® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. El 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 5, 2014 El Field Determination. Datc(s): SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Arenno' "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] Q Waters subject to the ebb and flow of the tide. El 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 A "waters ofthe U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area [Required] 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 Q Wetlands adjacent to TNWs 0 Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs 0 Non-RPWs that flow directly or indirectly into TNWs ® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs Q Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs Q Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs Impoundments of jurisdictional waters E Boxes checked below shall be supported by completing the appropriate sections in Section III below. a 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). 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: 1035 linear feet: 2-30 width (ft) and/or acres. Wetlands: 1.649 acres. c. Limits (boundaries) of jurisdiction based on: Established by_OHV1'� 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: 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.I and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section M.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 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 HI.0 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. 3 Supporting documentation is presented in Section III.F. " Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. apply): 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: (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:'Pic -List. Primary tributary substrate composition (check all that apply): ❑ Silts ❑ Sands ❑ Concrete ❑ Cobbles ❑ Gravel ❑ Muck ❑ Bedrock ❑ Vegetation. Type/% cover: ❑ Other. Explain: Tributary conditiontstability [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: PiekEist Estimate average number of flow events in review area/year: PickL_ ist 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: Tributary has (check all that apply): ❑ Bed and banks ❑ OHWM6 (check all indicators that apply): ❑ clear, natural line impressed on the bank E]changes in the character of soil ❑ shelving Elvegetation matted down, bent, or absent ❑ leaf litter disturbed or washed away ❑ sediment deposition El plant community Elother (list): ElDiscontinuous OHWM.' Explain: ❑ the presence of litter and debris ❑ destruction of terrestrial vegetation ❑ the presence of wrack line ❑ sediment sorting ❑ scour ❑ multiple observed or predicted flow events water staining ❑ abrupt change in If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that High Tide Line indicated by: 13Eloil or scum line along shore objects El fine shell or debris deposits (foreshore) [Iphysical markings/characteristics Mean High Water Mark indicated by: ❑ survey to available datum: ❑ physical markings; ❑ vegetation lines/changes in vegetation types. 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_ 'A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g_, where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices)_ Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. '[bid. ❑ 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: (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: 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[ f Characteristics: Subsurface flow:~Pick L%sf. 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 PickFWkistist river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from P-eir-E,L�sf. Estimate approximate location of wetland as within the Prek�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;LW 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? ( 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 IIID: 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 IIID: _ 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: El TNWs: linear feet width (ft), Or, acres. Q 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: Feature shows on USGS topographic map as a blue line stream. Professionals in the field observed flow levels and development of bed and bank structures in the stream, indicative of perennial - Elof TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section II1.11 Provide rationale indicating that tributary flows seasonally: , Rationale: 12. Coordination with Agencies/Tribes Needed: []Yes ®No Date: Resolution: o 13. Commenting Agencies: No comments received from any agencies below a. US Fish and Wildlife Service b. US Environmental Protection Agency c. National Marine Fisheries Service d. State Agency (list commenting state agencies) NCDENR : No significant negative impact e. State Historic Preservation Office f. Other:Habitat Assessment and Restoration Program,inc. 14. Substantive Issues Raised and Corps Resolution (Consideration of Comments): 15. Compliance with Other Federal Laws (If specific law is not applicable write N/A): - a. Endangered Species Act: (1) Name of species present: None Present (2) Effects determination: No Effect (3) Date of Service(s) concurrence: (4) Basis for "no effect" determination: See attached map reflecting N.C. Natural Heritage Program data on occurrences of Federally endangered/threatened species, state listed species, and natural/rare communities. No listed species were located in/near project site and no suitable habitat exists based upon information submitted to date. (5) Additional information (optional): b. Magnuson -Stevens Act (Essential Fish Habitat): N/A — not applicable to our work area (1) Name of species present: (2) Effects determination: (3) Date of Service(s) concurrence: Basis for "no effect" determination: (4) Additional information (optional): c. Section 106 of the National Historic Preservation Act: (1) Known site present: ❑ yes ® no (2) Survey required/conducted: ❑ yes ❑ no (3) Effects determination: No Effect (4) Rationale: See attached map reflecting locations/occurrences of historic structures and districts as listed on the National Register of Historic Places (Register)_ No resources listed or eligible for listing on the Register are located on/near the proiect site and information provided to date does not indicate that further cultural resource investigations should be conducted. (5) Date consultation complete (if necessary): (6) Additional information (optional): d. Section 401 Water Quality Certification: (1) Individual certification required: ❑ yes ❑ no (2) Individual Certification: ❑Issued -[:]Waived ❑Denied e. Coastal Zone Management Act: N/A - not applicable to our work area (1) Individual certification required: ❑ yes ❑ no (2) Individual certification: ❑lssued ❑Waived ❑Denied (3) Additional information (optional): f. Wild and Scenic Rivers Act: No resources designated as such are located on/near the project site. (1) Project located on designated or "study" river: ❑ yes ❑no (2) Managing Agency: (3) Date written determination provided that the project will not adversely affect the Wild and Scenic River designation or study status: (4) Additional information (optional): g. Other 16. Special Conditions Required (include rationale for each required con ditionlexplanation for requiring no special conditions): ❑ yes ® no a. The activity is conducted in accordance with the information submitted and meets the conditions applicable to the NWP, as described at Part C of the NWP Program and the Wilmington District NWP Regional Conditions. 17. Compensatory Mitigation Determination: The applicant has avoided and minimized impacts to the maximum extent practicable. Identify type(s) of waters: Wetlands: acres. F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): El 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. Q 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: Q 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 M13R 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): El Non -wetland waters (i.e., rivers, streams): linear feet width (ft). El Lakes/ponds: acres. El Other non -wetland waters: acres. List type of aquatic resource: El 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): El Non -wetland waters (i.e., rivers, streams): linear feet, width (ft). ( Lakes/ponds: acres. Other non -wetland waters: acres. List type of aquatic resource: El 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 shects/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:SC-Fort Mill. El USDA Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: El State/Local wetland inventory map(s): FEMA/FIRM maps: 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: ® Aerial (Name & Date):UNK. or ® Other (Name & Date):UNK Previous determination(s). File no. and date of response letter: Applicable/supporting case law: El Applicable/supporting scientific literature: E Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: Provide estimates for jurisdictional waters in the review area (check all that apply): Q Tributary waters: linear feet width (ft). Other non -wetland waters: acres. Identify type(s) of waters: 3. Non-RPWss that flow directly or indirectly into TNWs. Water body 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: Q 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: 1.649 acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. El 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 IILC. 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 IILC. 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 Q Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA -STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):10 El which are or could be used by interstate or foreign travelers for recreational or other purposes. El from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. El which are or could be used for industrial purposes by industries in interstate commerce. 0 Interstate isolated waters. Explain: Q Other factors. Explain: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): El Tributary waters: linear feet width (ft). El Other non -wetland waters: acres. "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. Y eMeht .Ecoir system PROGRAM INVOICE #20934 March 18, 2014 Amy Vershcl, PE Charlotte Mecklenburg Utility Dept. 5100 Brookshire Blvd. Charlotte, NC 28216 Project: Steele Creek Pumping Station invoice expires: May 18, 2014 County: Mecklenburg USACE4: 2014-00393 WQ permit#: 2014-0068 EEP #: 21173 Location: Catawba 03050103 Expanded Service Area You have elected to satisfy the compensatory mitigation requirements of the Section 401/404/CAMA permit(s) issued for the above referenced project through payment of a fee to the North Carolina Ecosystem Enhancement Program (NCEEP). In accordance with 15A NCAC 2R .0402(d), the amount due is based upon the 2013-2014 Fee Schedule and has been calculated as follows (Please note: payment for wetlands is calculated in increments of 0.25 acres). If you have any questions concerning this payment, please call Kelly Williams at (919) 707-8915. Habitat Type Invoiced Amount Fee Schedule Cost Riparian Wetlands up to 0.50 acres x $ 68,502.00 = $34,251.00 TOTAL AMOUNT DUE if paid within 60 days $34,251.00 If payment is not received within 60 days of the date of this invoice, it will expire. Note that your permit(s) may require payment before this date. Subsequentmvotce extensions will be based on the fee schedule in effecto_n the date they are issued. Extensions may be requested by emailing the NCEEPIn-Lieu Fee Program Coordinator at kelly.williams@ncdenr.gov. Please submit an ePayment at http://portal.nedenr.orp/web/eep/epayment or send a check payable to NCEEP for the Total Amount Due to the address -below and enclose a copy of this invoice. US Mail: Physical Address (for other delivery services): NCDENR Ecosystem Enhancement Program NCDENR Ecosystem Enhancement Program 1652 Mail Service Center 217 West Jones St., Suite 3000A Raleigh, NC 27699-1652 Raleigh, N.C. 27603 If the account name on the check is not the same as the permit holder's name, please include a signed statement by the permit holder that the check is being written on behalf of, and with full knowledge and authorization of, the permit holder. Refunds of payments made to NCEEP are only approved under certain conditions. All refund requests must be submitted in accordance with EEP's refund policy at www.nceep.net_ YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM NCEEP PRIOR TO COMMENCING THE ACTIVITIES AUTHORIZED BY THE DEPARTMENT OF ARMY 404 PERMIT, CAMA PERMIT AND/OR THE 401 WATER QUALITY CERTIFICATION. cc: Karen Higgins, NCDWR Wetlands/401 Unit William Elliot, USACE-Asheville; Tyler Crumbley, USACE-Raleigh Alan Johnson, NCDWR- Mooresville Karri Blackmon, agent File RP.Stdri,�t�... Prot" our Stag ®A NCDENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-707-8976 /www.nceep.net U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Amy Versel; PE, Charlotte Mecklenburg Utility Department Action ID: SAW -2014-00393 Project Name: Steele Creek Pumping Station Expansion Project County: Mecklenburg Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Ecosystem Enhancement Program (NCEEP), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors_ Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8 -digit NUC and Basin: 03050103, Catawba River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal Non -Riparian Coastal 0.375 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8 -digit HUC and Basin: 03050103, Catawba River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.375 Mitigation Site Debited: NCEEP (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCEEP, list NCEEP. If the NCEEP acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCEEP), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 23 October, 2013 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument_ It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT)_ If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC 27587 (email: todd. tugwell@usace. army. mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: William Elliott USACE Field Office: Asheville Regulatory Field Office US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Email: william.a.elliott@usace.army.mil ELLIOTT.WILLIAM.ANDigitally signed by ELUOTT.W,LLUNIAMHOW.104%94604 DN: —US, —U.S. Government --D.0, —PKL THONY.1048694604 o,- :0,n UMAMON".' 0486946045';,4S USACE Project Manager Signature March 6. 2014 Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at htto://ribits.usace.armv.mil. Page 2 of 2 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://regulatory.usacesurvey.com/ to complete the survey online. U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Amy Versel, PE, Charlotte Mecklenburg Utility Department Action ID: SAW -2014-00393 Project Name: Steele Creek Pumping Station Expansion Project County: Mecklenburg Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Ecosystem Enhancement Program (NCEEP), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* . 8 -digit HUC and Basin: 03050103, Catawba River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non Riparian Coastal 0.375 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8 -digit HUC and Basin: 03050103, Catawba River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.375 Mitigation Site Debited: NCEEP (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCEEP, list NCEEP. If the NCEEP acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCEEP), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor N Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 23 October, 2013 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein_ For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC 27587 (email. todd.tugwell@usace.ormy.mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: William Elliott USACE Field Office: Asheville Regulatory Field Office US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Email: william.a.elliott@usace.army.mil ELLIOTTRILLIAM.AN °Wm"�"WAM NTHONY.,0a86946Do DMc=us, Government =DUD._P10, THONY.1048694604 D e Zo -U.S.03 3 WNTH Y'° 94601 USACE Project Manager Signature March 6, 2014 Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil. Page 2 of 2 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://regulatory.usacesurvey.coml to complete the survey online. Elliott, William A SAW From: Boos, Laura M SAC Sent: Tuesday, February 18, 2014 4:40 PM To: Elliott, William A SAW Subject: RE: Steele Creek (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Nice to talk to you today. Below is the address you can send the NWP and drawings when you are done. I will send those with the PCN to SCDHEC for the 401. Thanks! Laura M. Boos 1835 Assembly Street, Room 865 B-1 Columbia, South Carolina 29201 phone: (803) 253-3902 fax: (803) 253-3446 In order to assist us in improving our service to you, please complete the survey found at http:J/per_2_.nwp.usace.arrny.mil/survey_.html -----Original Message ----- From: Elliott, William A SAW Sent: Tuesday, February 11, 2014 3:34 PM To: Boos, Laura M SAC Subject: Steele Creek (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Hi Laura, I am the person handling Steele Creek. I called and left you a msg. I'll try again later. William Elliott Regulatory Specialist US Army Corp of Engineers Asheville Regulatory Field Office 151 Patton Ave, Room 208 Asheville, NC 28801 Phone: 828 271 7980, ext 224 Fax: 828 281 8120 The Wilmington District is committed to providing the highest level of public support. Please vist our website at: http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx Please assist us in better serving you! Please complete the customer survey by clicking on the following -.-link: http://per2.nwp.usace.army.mil/survey.html 1 -;Ecosystem _ YfiOGRAM ' December 16, 2013 (replaces December 9, 2013 letter) Amy Vershel, PE Charlotte Mecklenburg -Utility Department. 5100 Brookshire Blvd Charlotte, NC 28216 Expiration of Acceptance: June 16, 2014 Project: Steele Creek Pumping Station Expansion Project County: Mecklenburg This is a conditional acceptance. The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP).is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the NCEEP will be approved by the perrnit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. You must also comply with.all other state: federal or local governmentpermit;, re_ulations or authorizations associated with the nronosed activity includine SL 2009-337: An Act to Promote the Use of Compensatory Mitigation Banks as amended by S.L_ 2011-343. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certifleation/CAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to NCEEP: Once NCEEP receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In - Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net. Based on the information supplied by you in your request to use the NCEEP, the impacts that -may require compensatory mitigation are summarized in the following table. The amount of mitigation required and assigned to NCEEP for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Cu Stream (feet) Wetlands (acres) Buffer I Buffer 11 Basin Location (Sq. Ft.) (Sq. Ft.) I ColdCool -- LVarm 12i urian Non -Riparian Coastal Marsh f Impact Catawba 03050103* 0 0 0 0.375 0 I 0 0 I 0 *The Catawba 03 Expanded Service Area will be utilized for this impact. Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Prouram,In-Lieu Fee Instrument dated July 28,2010. Thank you for your interest in the NCEEP. I f you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. Sincerer Jarnes. B Stanfill Asset Management Supervisor cc; Karen Higgins, NCDWR Wetlands,401 Unit William Elliot_, USAGE -Asheville Alan Johnson, NCDWR-Mooresville .Karri, B lacknion, agent File Protect' ow -ft-A& © A �• � NCDENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-707-8976 1 www.nceep.net Liberty Crossing Attachment Sheet Attachment F Agent Authorization July 3, 2019 CWS Project No. 2018-0402 AGENT CERTIFICATION OF AUTHORIZATION I, Susan Rosenblatt , representing, Cranford Single Family Lots, LLC hereby certify that I have authorized Dan Zurlo of Carolina Wetland Services, Inc. to act on my behalf and take all actions necessary to the processing, issuance, and acceptance of this request for wetlands determination / Clean Water Act Section 404/401 permitting and any and all standard and special conditions attached. We hereby certify that the above information submitted in this application is true and accurate to the best of our knowledge. IvE07, Mmg Applicant's signature -7l51IoM Agent's signature Date Date 6/13/19 Completion of this form will allow the agent to sign all future application correspondence. Liberty Crossing Attachment Sheet Attachment G Figures 1-7 July 3, 2019 CWS Project No. 2018-0402 GAShared drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0441 Cranford Drive (Preston Park)\Permit(NWP#29)\ArcGISTETS Figure l_Vicinity.mxd - n a, r t ��s+ �ovP eryd s; r ply _rJbSF Bi VA ` Ster4ier�i =- ,�:Elemsch lM1 Industrial Drive R I < INEYlItEglj\ a S1 ROCKrH ` I - 51 - •\ - FS ttrlvrF___ NC -51 PirtcwAle ti N. Polk Street IN St >r, IV �F44$ Pmcnlle d :Ekins \1 D r t +Q •. � �. _ ,rte "gyp(,4� �r Legend .� r, r. x�`•r� Project Limits (134.8 ac.) ;. REFERENCE: 7.5 MINUTE TOPOGRAPHIC USGS QUADRANGLE C. 2,000 1,000 0 2,000 Feet FORT MILL NC -SC (2017)AND WEDDINGTON NC -SC (2017). SCALE: DATE: 1 inch = 2,000 feet 6/28/2019 USGS Topographic Map FIGURE NO. CWS PROJECT NO: DRAWN BY: 2018-0441 DJZ Preston Park Site APPLICANT NO: CHECKED BY: CAROLINA Pineville, North Carolina 2 CAG WETLAND SERVICES CWS Project No. 2018-0441 G:\Shared drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0441 Cranford Drive (Preston Park)\Permit(NWP#29)\ArcGIS\Figure2_USGS.mxd N -low -y Ifs % d" top -ftAOr 4 v. N. <) cougg . e. Ci `i O Legend Project Limits (134.1 co Roads REFERENCE: BACKGROUND AERIAL IMAGERY PROVIDED BY ESRI, DATED 2019. 700 350 0 701i BACKGROUND GIS LAYERS PROVIDED BY MECKLENBURG GIS DEPARTMENT. DATED 2018. A& *L- k I� ur b,5j' I}�, MeD t v Mea mcm wr a Ccn� rr,D ire pas ceD2 • it Me8 Ce32 1t" r 44 Meg Mr.B PuE Dal I I fn MeD r� vOti .kM CuE Mk8 Mab Ir$ Md CeB2 CuB� C„B CUD Cal r • C I ! hTeET _ 1 7Me$CIO 1 — MeD -�PaE ]]] / DOB � WIs13 �� w ;I da Ce82 --PaE Ce83j � C1'I eA2 WkD /• Ur 1 CeB2 Da- \ M MD IrB 3 IrH Me on CLM2 Cam I Mee 1 Me8 r Ir8 � ;E Mab 1Nk8 Da0'C i Meg DaB k7t8 IrB M ITS MeB paO re MCI Ur �UL' Me8 it6 IrA D. IrA Ir8 WkD MeD MeB MeB � CM+r6 luB I WkD Me[ 1 �ffg4 frB MeB MeD Me8 r} Z f Jrq 0 I l rA EnD M0 Ce177 W2 r 7� > ke i IrR Q t Or Me •:LJ Ir13 _ D MeD J 'K Ce83 Ira fr8 WkB y Me8 � Met] � r,•e8: 5f MeBl 111HIr6 f��, J fir• MO 7r4 lu8 En Eni} !1 �r� ir8 DaD 1rB I Ir Cela? Mei3 [ u. = W W Mew ? Wk— 51 Ce82 Mo _ DaB Ce32 MeB NO � MO f 103 Yil a u6 si Ir9 : w c eg/ _ A D T�- ` PBline 3 % r �' {r$ /✓p CC6132 Mei3 i�' L7r t o � 'Y [�IrB 7 Ce82 +gyne L - WkD , Mea � Pineville � "13"13,_� N. Polk Street l NC -51 MD Mks, MeD r - MeB Mg Wk MeD C I A WINS Mf<s Pat luB WkD WkD Ir IrB . L' Ce82 MrB WkE - M IrB MeB IrBWkO Pa IrB WkD w µD tri _ -.. WkD WkD POE MO D WkB WkE M r1J Ce9�� 4, p I WkD. Legend aE Ce82 �Q WkE r Project Limits (134.8 ac.) Ge82 u _ P- REFERENCE: USDA-NRCS HISTORIC SOIL SURVEY OF MECKLENBURG COUNTY NC\ CO 2'000 ,000 O 2,000 Feet SHEETS 11 AND 12, DATED 1976.'•'l MO Ce Oil! 1111 1. CeB2 w w WkE F _ +♦� FaE d PaF ���� r a WS r: hili r. SCALE:1 inch = 2,000 feet DATE. 6/28/2019 USDA-NRCS Historic Soil Survey FIGURE of Mecklenburg County NO. CWS PROJECT NO: DRAWN BY: 2018-0441 DJZ ^ Preston Park Site APPLICANT NO: CHECKED BY: CAROLINA Pineville, North Carolina 5 CAG WETLAN❑ SERVICES CWS Project No. 2018-0441 G:\Shared drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0441 Cranford Drive (Preston Park)\Permit(NWP#29)\ArcGIS\Figure5_HistoricSoils.mxd Soil Unit Name and Description Hydric IrA Iredell fine sandy loam, 0 to 1 % slopes Yes IrB Iredell fine sandy loam, 1 to 8% slopes Yes MeB Mecklenburg fine sandy loam, 2 to 8% slopes No MO Monocan loam Yes Ur Urbanland No Legend aE Ce82 �Q WkE r Project Limits (134.8 ac.) Ge82 u _ P- REFERENCE: USDA-NRCS HISTORIC SOIL SURVEY OF MECKLENBURG COUNTY NC\ CO 2'000 ,000 O 2,000 Feet SHEETS 11 AND 12, DATED 1976.'•'l MO Ce Oil! 1111 1. CeB2 w w WkE F _ +♦� FaE d PaF ���� r a WS r: hili r. SCALE:1 inch = 2,000 feet DATE. 6/28/2019 USDA-NRCS Historic Soil Survey FIGURE of Mecklenburg County NO. CWS PROJECT NO: DRAWN BY: 2018-0441 DJZ ^ Preston Park Site APPLICANT NO: CHECKED BY: CAROLINA Pineville, North Carolina 5 CAG WETLAN❑ SERVICES CWS Project No. 2018-0441 G:\Shared drives\Consulting Team Drive\2018\2018 Consulting Projects\2018-0441 Cranford Drive (Preston Park)\Permit(NWP#29)\ArcGIS\Figure5_HistoricSoils.mxd Liberty Crossing Attachment Sheet Attachment H Impact Figures July 3, 2019 CWS Project No. 2018-0402 ` ¢ +IIS Impacts Sheet; ; F=" N �i p OuR ;Q� Preferred Site DAD esign a SHEET. e_,mENRINDE.INEONLY SEE SHEETS C 10 THAN c-110 0106 � PoROENIOLITION DETAILS. �+5 /� «lLAE SHA. CLA EAR^LEDMA.�. yam` 4 Co< 0.O4 ac. permanent impact due to fill to gad @p /y �'"'� / _ o non 4O4jurisdictional, isolated wetland3939g og AARRAAEA WOE res ■ o 0 E as permanent impact due to fill toHU i non -I jurisdictional, isolate to gyMIRLALLEDm SHEET,A. 10"IDDID �d 1�x 1 3I SHET 118�f of permanent impact due culvert X1 installation(51,15 4 g REM Ui "` �` �` C105 o< If) fill (S2, 70 If) and rip rap outlet stabilaation (S3, 27 If) I@ k E`RR EZ 'EJs w�� �S4 y °has oa ��� axxrew �+ 4O 1f of temporary impact due to dewatering. �'R m*E See detail sleet 1. ET TE .E M HEI ED RE. AAMR E 01 C10 iALAREOREDLATER HAD vA RL y4�G ^J ,.� 4 T ".MAR ;mo,... %' -1' I •� 23 Or IL dO a SHR 'Ile ED / < 4w, J 'RoMERA .<xrcm€a°°EJ �h ..° .�.. m.� �� l tiRE e..... —Si$HEFT ALARROAD.l �� ss .,.AE � "M 3 p °� 5 107 4O lftemporary stream impact ewo�iox xm[s t \ T� .. Croconstruction sing i on crossing RRULD 11 \ M���� ,Axt Crossing to be restored and stabilized I 9 J No \ owE .. O fy „�_RA _ A A "°" (See detail sheet 3) 5 o O $ HILO A"L-a � d v / p�temporary /� 1 U on restoration ofthe the `- \ \\ crossing a bottomless, arched Tossing \ `- pe. �w ° 5EADARD 6 ULTMEATOODLEALLAR_° A ATER�^.E� "`UURR — -- is proposed. This will result in no HEE I� ,. o E.E. .E.....A.A.Eo� / _ _ impact to the stream bed or bank m rAa z3 ARED LDLUAT.LL.�,..o�....Ae.,...,E.,A.M�E=.. x\ �,:�' 1 �RAL LAN'�E detail sheet 2]. 102 I I I 0 Z O �..E.."E�.A.....EA.A....uA.,E v,�-- 4 - -� ~ a EM -A, AMLTRN a w..ARD D E w..Oo.A�E �.e.o o�.,,woD — o'� E� lam= LOU �� ..r.��.�rA.A ....LL.�wA. Ar �. , .E 0 ELI 015 do permanent impact due to fill to O11 E RAI�EPo�E�.e....uA...�,.a,um®wo.moF -� °°Y° �. _� ° �o E. non�O4jurisdictional, isolatM wetlantl � � sn 11 0 TOO RILALeE...AAE.EAvnw THE RVI L R"U`T RILS omoxo<,"nr. os.E..E.DE'..".wA. xuoaarv�.« °I W4 rc.enn @ 12 E„,��o,°`"°""°°"`°"°`m"°°"`E'"°"'""'"_A.L'.AD.""""°°"°°` 0.O4 ac. permanent impact dueto finite///��� _ 13 a.,A.m.E.A.A.AEAAE.U..E nonLO4junsdictional, isolated wetland /� � %a .00...ED DETHErows unenx An REAL r !Ie AU....w..Em.LIL . E.AU...EE.A.A,A....,,A... RATE SHEET .i _°. R. L AMI REA UT C 10 1 ; _A _..A._ 94a = ..a EA..E...E..A....,,AA...,,,E.RE.�.E... 0 / AEIOAMLLA..E.,EAE P, C -goo e, ,- ��-"¢ �- � { � n LEOENtlR'K cnm� z� _ , See Impact Sheet for �o�., r 'r,�r— . " Lit ` s ��� ^, Mull impacts to waters K x..��� �1.�, \'� AT—a See outlined note for - �" �rzmr �® i x.� SHEET' r„ .a� �N,wR ���� description of the € Q l \"A rt"n M EROSION CONTROL NOTES A• "max / INSET SHEET C 09 �r � �T >. �� removal and °® CLN EO RINUEXIN6 ONLY. 1 r �meermrsrox SEE SRE Ei5C L2 iR RJ [ R NS r, i/��/ C �� €mv xen SHEET rmrsorxsrvxenee C3INENR CLEAN NEiFILS. ....� - p,x, _____ xx.xwE.xe, f stabilization of the . = ��i TA,�; I C309 temporary crossing ���,���""� °x A0 Ep ��Y i YSI int �2z �aA'I r� a 3� &ee ` -: + SHEET c .a- As - Emu �, I - C306 €^ ,i' I galas _T' g'h' mfr ' .. i I vov=o,s 'r .y r �•--- r" — EH _ '. -� ../FE �� Ell a I �� ��" / m / — '( r�r xL �I I I • EI e6d y s�rr ALL �/LURER TIE E' H -T e�1`�� 4 y ,� I �� i �" e s TAlLAEETTElEAEAAAE`ani"T"E s i ���� _ /I L IL § F� ro x® _ _ r 1 1,y1A ll , J I/ NAA 6gHEET�N 308 JUMl� t _ /at o g At / �`: xr.E SHEET a� r_LJ p LU LA _JIT i IT P� ^� ��� .�� ys� �, H c z �c+ SHEETc U U o /l x yF 1C / Y—=` -- jA `tea" _ il/ / �___ �� 0 z, .AT I��" "� 9r "w —. r.. _ / — z LL AE Of 10, ` / 1 /'r' / . l/ MAIx 'Z w �" I AT i fir, / — ¢ " i„ r ';a _ z / l K - Fili - / ' z -` / ' q� o tem V '�� ,,' �� d '";:;-_ /..� / w , i `_. - r�`SHEET "l. ' '�- / ;- 0302 946 \ I S, TISHEET C207 f � eIT � gym.. oma.IEEIVE`r SHEE C21 -4- E. 29 .� 5HE t298 0 A L _ �el HEST Ea EE I- uN DE PT 4� `�A Xu J I Elm SEE SHEET C 201 FOR n; see impact for wetland and i impacts gi 4 -HE �C203 " SHEET C202 L SHEE EE I- uN DE PT 4� J I Elm SEE SHEET C 201 FOR Ra SITE PLAN AND ZONING I 'All 1. UllER CODE NOTES =X s � � SEE SHEETS L-im THAN L- 1ID FOR STREET TREES f AC — — — AND PLANTING PLAN C 200 FOR INDEXING ONLY.m �w w� II SEE SHEE TS C 202 TH. IL C 211 FOR PLAN DETAILS. W E J a I o� J - D� i yA 3 J 4 -HE �C203 " SHEET C202 L SHEE EE I- .Vil DE PT 4� J I Elm 4 -HE �C203 " SHEET C202 L SHEE .Vil PT 4� J I Elm I 'All 1. UllER a ...o s � � AC w� II IL I J a I J - D� o J IBJ J I Vwap>a V W;0 J W o z r U $ �" r 1 O� z g S i g � � 4 9 946 �__ — C=200 -- m I '?' S ET ,eoom.oE C41 --\—`SHEET - X498 Rejected Alternative Site Design; Sheet 4 SHEET C407 MDVS DRW . SEE SHEET C 4011 OR STOW CHARTS AND GRADING AND DRAINAGE NOTES C 400 FOR INDEXING ONLY. SEE SHEETSC 4G2 THRO. -s - C 411 FOR PL AN DETAILS. TNG I �� SHEET SHEET _ C4 4 C406 -�- I % ..UllH v 40 i mow, .. Akt9�- C405 .a I I I SHEET \ C403 (SHEET C402 �• 1210, 018 I= 41946 C-400 IN -- m I '?' S ET ,eoom.oE C41 --\—`SHEET - X498 Rejected Alternative Site Design; Sheet 4 SHEET C407 MDVS DRW . SEE SHEET C 4011 OR STOW CHARTS AND GRADING AND DRAINAGE NOTES C 400 FOR INDEXING ONLY. SEE SHEETSC 4G2 THRO. -s - C 411 FOR PL AN DETAILS. TNG I �� SHEET SHEET _ C4 4 C406 -�- I % ..UllH v 40 i mow, .. Akt9�- C405 .a I I I SHEET \ C403 (SHEET C402 �• 1210, 018 I= 41946 C-400 5 550 545 540 27 If of rip rap to be keyed armor outlet. 535 555 550 545 540 535 2+50 2+T0 -1-00 0-00 1Too 2-00 2+50 EMMETT DRIVE PROFILE CULVERT PROFILE - EMMETT DRIVE 1" = 40' CULVERT CROSS L 565 560 55 550 545 540 535 530 20FTO HIGH WSTA=21-636 225'1 I POSED BE t $$i HIGH 101- ELEV=551 60 ev ELLIPTICAL PIPE 0 ocs,xxeo • J. HORTON PVI STA=21+5]5] € CHECKEDE 6 • HASWELL RE — PVI ELEV=55203 AD. -305% SCALE • AS SHOWN z o". a�.oaaEaxARD I STA =23+3638 S nto bed to U-32]9 IDD' VC EVERY OTHER SEGMENT ALTERNATE SIDES LOW POI GET ELEV-54610 TOTAL NUMBER OF BAFFLES 10 1� iL i� 71i i J 555 550 545 540 535 2+50 2+T0 -1-00 0-00 1Too 2-00 2+50 EMMETT DRIVE PROFILE CULVERT PROFILE - EMMETT DRIVE 1" = 40' CULVERT CROSS L 565 560 55 550 545 540 535 530 20FTO T,-00 22+00 23+00 EMMETT DRIVE 565 650 555 550 545 540 535 BAFFLE ri) 45'"?9" ELPTICAL RCP HEPOWALL C�/ �D D -N PROFILE STEEL PLATE BAFFLE NTS STEEL PLATE BAFFLE �ll�c�en \/ ,m xxT lEx OR OPER Po b CCESS OPOSEDA ERREME_= B0 — ;a I x 1 iy;' z G �OFFPART ,y =40' CULVERT PLAN VIEW- EMMETT DRIVE CA S E 2o�Essro�y �, Detail Sheet NJ`; yr OPHER �� 2. u. mtl sE qq 2a 6 N 0 2 p PIT $� 3 y llu HE S's HIGH WSTA=21-636 225'1 06/062019 $$i HIGH 101- ELEV=551 60 ev ELLIPTICAL PIPE 0 ocs,xxeo • J. HORTON PVI STA=21+5]5] € CHECKEDE • A ILL PVI ELEV=55203 AD. -305% SCALE • AS SHOWN z LOW POINJI STA =23+3638 S U-32]9 IDD' VC EVERY OTHER SEGMENT ALTERNATE SIDES LOW POI GET ELEV-54610 TOTAL NUMBER OF BAFFLES 10 POP STRE=23+]450 Jw e J AM EL 58 IF ry u ADI,=345% STREA. TO BEREMOVED 12'VC �PROPERIBDE PROP' BED GRADE In a LL „e\xFFER u �zos'• o�_� J II — oP5511Ti Z ES JUP xTTEa��o wa / INV IN k44.n �E 7 -_ C7 / /� - z _ OUT k4406 (E2 �TM•LiM'/� _�_ 1u�TA c/ a a --INV I TO EEE e Cos z Oo O o o LL REP ALR CDm ICUSED TO BE B -- u� F PC JOB R 41946 No T,-00 22+00 23+00 EMMETT DRIVE 565 650 555 550 545 540 535 BAFFLE ri) 45'"?9" ELPTICAL RCP HEPOWALL C�/ �D D -N PROFILE STEEL PLATE BAFFLE NTS STEEL PLATE BAFFLE �ll�c�en \/ ,m xxT lEx OR OPER Po b CCESS OPOSEDA ERREME_= B0 — ;a I x 1 iy;' z G �OFFPART ,y =40' CULVERT PLAN VIEW- EMMETT DRIVE CA S E 2o�Essro�y �, Detail Sheet NJ`; yr OPHER �� 2. u. mtl sE qq 2a 6 N 0 2 p PIT $� 3 y llu HE S's FATE 225'1 06/062019 $$i A. DACE ev ELLIPTICAL PIPE 0 ocs,xxeo • J. HORTON STEEL PLATE BAFFLE N�T.Si. € CHECKEDE • A ILL SCALE • AS SHOWN z NOTE. BAFFLES TO BE INSTALLED 1FROM PIPE JOINT S EVERY OTHER SEGMENT ALTERNATE SIDES TOTAL NUMBER OF BAFFLES 10 Jw e J QZ a NTS IF EPA 0 STREA. TO BEREMOVED �PROPERIBDE Q In a LL „e\xFFER u Z �/ J W o0 Z ES JUP xTTEa��o wa / C7 A -_ C7 / /� Q a z _ Z�ED 1u�TA c/ a a Lf) IT v)d I TO EEE e Cos z Oo O o o LL -- u� F PC JOB R 41946 No 1" = 40' C-415 CULVERT PROFILE- ORSON OAKS LANE CULVERT CROSS L 560 555 550 545 540 535 530 b, 10+00 55 550 545 540 535 530 555 550 545 540 535 530 -1"50 -1400 0400 1400 1450 ORSON OAKS LANE PROFILE HIGH PT STA=11,4608 HIGH POINT ELEV=54734 HEANHAL�L"FIRED aq�Ec PN STA -1114623 Detail Sheet 2 PVI ELEV=54] 55 INSTALLED DETAILS ON S�E N ST C ° --� AD O Ewsn NG HE D ELEV=54520 K-2800 PVI STA=13"51 88 69 VC PVIELEV=54456 TO TO AD -3 555 550 545 540 535 530 -1"50 -1400 0400 1400 1450 ORSON OAKS LANE PROFILE 11 FOO ORSO ORSON OAKS LANE 12+00 13+410 NOAKS LANE 560 555 550 545 540 535 530 TO 14,00 14"50 HIGH PT STA=11,4608 HIGH POINT ELEV=54734 PN STA -1114623 Detail Sheet 2 PVI ELEV=54] 55 LOW POINT STA =13+3350' AD ELEV=54520 K-2800 PVI STA=13"51 88 69 VC PVIELEV=54456 m� `a AD -3 K-4000 e Ee 138'VC PROPOSED GRADE �_To" p £ w _ _ 1.01Wo .145"e �$ ALL .COve STORMWATER NLEL $� 3 - —_ — `\\ ED REP � E""acP 1 `msrrn PROPOSEP IF �qb o �� �TO hTO TOTH 11 FOO ORSO ORSON OAKS LANE 12+00 13+410 NOAKS LANE 560 555 550 545 540 535 530 TO 14,00 14"50 �-4ii / / OP �� G H Q 0. IF 7 DO Go i" ° 1 W SE HIT o 0 iT RUNe _ HE U Z °°°o / ,� T � - z OF" - GE / \\ raxyc rT / U U Z / �= s BI w. !nF�/ FALL, 0 LL U TO'/LA v / eTO m cC LIE) R / A '/. y/ // merxaer•oueroxmx o I 1 y�1 E A Go 41946 SHEET NO 1" = 40' CULVERT PLAN VIEW - ORSON OAKS LANE 1" = 40' c-4is CA Detail Sheet 2 m� sE �a qq p £ �$ ALL $� 3 y IF �qb s HATE 06/06/2019 PAREEN AT oHEsEarvEHE. A. DACE • J. HORTON EIKEDBI CCSTCODD p • • • Al sHowN 1" = 40' • z • "s CL J Q a / <>„ Go— / vP / e �\v °A, C o°vvv o°°v oR -cl .// �-4ii / / OP �� G H Q 0. IF 7 DO Go i" ° 1 W SE HIT o 0 iT RUNe _ HE U Z °°°o / ,� T � - z OF" - GE / \\ raxyc rT / U U Z / �= s BI w. !nF�/ FALL, 0 LL U TO'/LA v / eTO m cC LIE) R / A '/. y/ // merxaer•oueroxmx o I 1 y�1 E A Go 41946 SHEET NO 1" = 40' CULVERT PLAN VIEW - ORSON OAKS LANE 1" = 40' c-4is Detail Sheet 3 IIUIILMIiw I STREAM DIVERSION /^Monrwas :rvoNs`rrn�a wTMXn of vuad-sm w _4ovou a.., Nores p .rsr.0 rram nuEwurl arcEN 4 -sen N.rnw u. { E9V4 M SRE4Y041X MRH SEFNNL i4 VNA£20 I LL F3£ .ION xwlwL S1NE.M I££L = .YAW Fndvf. 6 I I I gulp r�t4xceEnun.1� l I I" —i Ia�i' _ M4 LX@� ECOSlPXES� _ I I I S,RF/Y Bpi ELL�i. MM TYPICAL STREAM BANK STABILIZATION t. rERTu'CA TO K LK..l N 11 OF ECNra STREAM STABILW1WN nME�FR " kms I slna..vawrwx s..a.a GN T......a.. Fn ON6 VwY�1�JXn.MR6RM.MTa 5aays Xom MIpI�OYiIp'WNg1GNr ]aK 5aays Nan• SkpraYM,MnN 5days �tlq�ao ltl wlMFYgWNw aWp,MslNfaCy�eaW�l BNa9M. PMIN 5days 5 daysb WVaP�snfTEllWFn MlatlyiasvlAYq�bWrtlm41 5days xm.. paMbwMl✓•e KNOW LYa NTS STABILIZATION FRAMES (ANFRAL Y�.`-nnew•.L as fx row+ a rrtFnul: UIO OE\ELCPYEXr SLWpAFOS NTS EMBANWENTMATTING DETAIL EVBANKMENT MAMNO DETAIL rawN a avANu[ w• oemLreluv srunums NTS I TEMPORARY STREAM CROSSING iONN a PWENU£ ' l IAM OEN10'YENt 51.111pINp5 NTS SLOPE STABILITY I uemm�w��o��e�Mm BLOBE BIABIUN TM a %NEYYIE cIXiSrNucnT MrrMIN CREFI( BANK 4W OELEIWNFXi SINwANS (FM USE M1M ROAD CROSSINGS: unuw CRos9NG5 m GIILKRr CONSRiI NTS CONSTRUCTIONWITHIN CREEK BANK rFMPgURr s1REAu cFOssmc 1 \\ u .,do TBC%IFHf SLNpIM$ mv I IE�giMY sLLT o114H N.1. \mo NTS I TEMPORARY SILT DITCH ip, ^"�N cARO 6 tppz °k n " rozao. gyyys sg d� �k q NTS Sa� �rzaaWXo cTom • — • e J - J s � � k O O F� D NTS IWU J z �o LL u W o Oz r V J O 3 K 0 z==g° Zu U) u s_ U (n U a I Z a£ K � V E Oo K 0 .E Z LL 0 03 LL z l vl v e€ H NTS C-705 _L Liberty Crossing Attachment Sheet Attachment I NCSAM Form July 3, 2019 CWS Project No. 2018-0402 NC SAM FIELD ASSESSMENT FORM user manual version z.1 USACE AID #: NCDWR #: INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5 -minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT/SITE INFORMATION: 1. Project name (if any): Preston Park 3. Applicant/owner name: 5. County: Mecklenburg 7. River basin: Catawba 2. Date of evaluation: 1/21/19 4. Assessor name/organization: Carolina Nearest named water body on USGS 7.5 -minute quad: Sugar Creek 8. Site coordinates (decimal degrees, at lower end of assessment reach): 35.093146, -80.892910 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): Stream B 10. Length of assessment reach evaluated (feet): 380 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 2 ❑Unable to assess channel depth. 12. Channel width at top of bank (feet): 4 13. Is assessment reach a swamp steam? []Yes []No 14. Feature type: ®Perennial flow ❑Intermittent flow ❑Tidal Marsh Stream STREAM CATEGORY INFORMATION: 15. NC SAM Zone: ❑ Mountains (M) ® Piedmont (P) ❑ Inner Coastal Plain (1) ❑ Outer Coastal Plain (0) 16. Estimated geomorphic ❑A ®B valley shape (skip for Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17. Watershed size: (skip ®Size 1 (< 0.1 mil) ❑Size 2 (0.1 to < 0.5 mit) ❑Size 3 (0.5 to < 5 mit) ❑Size 4 (>_ 5 mit) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. El Section 10 water ❑Classified Trout Waters ❑Water Supply Watershed (❑I ❑II ❑III ❑IV ❑V) ❑Essential Fish Habitat ❑Primary Nursery Area ❑ High Quality Waters/Outstanding Resource Waters ❑Publicly owned property ❑NCDWR Riparian buffer rule in effect ❑Nutrient Sensitive Waters ❑Anadromous fish ❑303(d) List ❑CAMA Area of Environmental Concern (AEC) ❑Documented presence of a federal and/or state listed protected species within the assessment area. List species: ❑Designated Critical Habitat (list species) 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? ❑Yes ❑No 1. Channel Water- assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) ❑A Water throughout assessment reach. ❑B No flow, water in pools only. ❑C No water in assessment reach. 2. Evidence of Flow Restriction - assessment reach metric ®A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is severely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates, debris jams, beaver dams). ❑B Not A 3. Feature Pattern - assessment reach metric ®A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). ❑B Not A 4. Feature Longitudinal Profile -assessment reach metric ❑A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). ®B Not A 5. Signs of Active Instability - assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). ®A < 10% of channel unstable ❑B 10 to 25% of channel unstable ❑C > 25% of channel unstable 6. Streamside Area Interaction — streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB Multiple aquatic macrophytes and aquatic mosses ®A ®A Little or no evidence of conditions that adversely affect reference interaction ❑B ❑B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect (include liverworts, lichens, and algal mats) reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky ❑G or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) ❑C ❑C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access o Y [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption Low -tide refugia (pools) of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive vegetation mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an ❑I interstream divide Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. ®A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) ®B Excessive sedimentation (burying of stream features or intertidal zone) El Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem ❑D Odor (not including natural sulfide odors) ❑E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch" section. ❑F Livestock with access to stream or intertidal zone ❑G Excessive algae in stream or intertidal zone ❑H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc) El Other: (explain in "Notes/Sketch" section) ❑J Little to no stressors 8. Recent Weather — watershed metric (skip for Tidal Marsh Streams) For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. ❑A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours ❑B Drought conditions and rainfall exceeding 1 inch within the last 48 hours ®C No drought conditions 9. Large or Dangerous Stream — assessment reach metric ❑Yes ®No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types — assessment reach metric 10a. ®Yes ❑No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) ❑A Multiple aquatic macrophytes and aquatic mosses 0 ❑F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) E ❑G Submerged aquatic vegetation ®B Multiple sticks and/or leaf packs and/or emergent o Y ❑H Low -tide refugia (pools) vegetation r ❑I Sand bottom ®C Multiple snags and logs (including lap trees) rCo ❑J 5% vertical bank along the marsh ❑D 5% undercut banks and/or root mats and/or roots ❑K Little or no habitat in banks extend to the normal wetted perimeter ❑E Little or no habitat *********************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS******"**********"******** 11. Bedform and Substrate —assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11a. ❑Yes ®No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11 b. Bedform evaluated. Check the appropriate box(es). ❑A Riffle -run section (evaluate 11 c) ®B Pool -glide section (evaluate 11d) ❑C Natural bedform absent (skip to Metric 12, Aquatic Life) 11c. In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare (R) = present but < 10%, Common (C) _ > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P ❑ ❑ ❑ ❑ ❑ Bedrock/saprolite ❑ ❑ ❑ ❑ ❑ Boulder (256 — 4096 mm) ❑ ❑ ❑ ❑ ❑ Cobble (64 — 256 mm) ❑ ❑ ❑ ❑ ❑ Gravel (2 — 64 mm) ❑ ❑ ❑ ❑ ❑ Sand (.062 — 2 mm) ❑ ❑ ❑ ❑ ❑ Silt/clay (< 0.062 mm) ❑ ❑ ❑ ❑ ❑ Detritus ❑ ❑ ❑ ❑ ❑ Artificial (rip -rap, concrete, etc.) 11d. ®Yes ❑No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12 Aquatic Life — assessment reach metric (skip for Tidal Marsh Streams) 12a. ®Yes ❑No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. ❑No Water ❑Other: 12b. ®Yes ❑No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for Size 1 and 2 streams and "taxa" for Size 3 and 4 streams. ® ❑Adult frogs ❑ ❑Aquatic reptiles ❑ ❑Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) ❑ ❑Beetles ❑ ❑Caddisfly larvae (T) ❑ ❑Asian clam (Corbicula) ❑ ❑Crustacean (isopod/amphipod/crayfish/shrimp) ❑ ❑Damselfly and dragonfly larvae ❑ ❑Dipterans ❑ ❑Mayfly larvae (E) ❑ ❑Megaloptera (alderfly, fishfly, dobsonfly larvae) ❑ ❑Midges/mosquito larvae ❑ ❑Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) ❑ ❑Mussels/Clams (not Corbicula) ❑ ❑Other fish ❑ ❑ Sala manders/tadpoles ❑ ❑Snails ❑ ❑Stonefly larvae (P) ❑ ❑Tipulid larvae ❑ ❑Worms/leeches 13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB ❑A ❑A Little or no alteration to water storage capacity over a majority of the streamside area ❑B ❑B Moderate alteration to water storage capacity over a majority of the streamside area ❑C ❑C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB ❑A ❑A Majority of streamside area with depressions able to pond water >_ 6 inches deep ❑B ❑B Majority of streamside area with depressions able to pond water 3 to 6 inches deep ❑C ❑C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB ❑Y ❑Y Are wetlands present in the streamside area? ®N ®N 16. Baseflow Contributors — assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. ®A Streams and/or springs (jurisdictional discharges) ❑B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) ❑C Obstruction passing flow during low -flow periods within the assessment area (beaver dam, leaky dam, bottom -release dam, weir) ®D Evidence of bank seepage or sweating (iron in water indicates seepage) ®E Stream bed or bank soil reduced (dig through deposited sediment if present) ❑F None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. ❑A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) ❑B Obstruction not passing flow during low -flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) ❑C Urban stream (>_ 24% impervious surface for watershed) ®D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach ❑E Assessment reach relocated to valley edge ❑F None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. ®A Stream shading is appropriate for stream category (may include gaps associated with natural processes) ❑B Degraded (example: scattered trees) ❑C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB ®A ®A ❑A ❑A >_ 100 feet wide or extends to the edge of the watershed ❑B ❑B ❑B n From 50 to < 100 feet wide ❑C ❑C ❑C ❑C From 30 to < 50 feet wide ❑D ❑D ®D ®D From 10 to < 30 feet wide ❑E ❑E ❑E n < 10 feet wide or no trees 20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB ❑A ❑A Mature forest ®B ®B Non -mature woody vegetation or modified vegetation structure ❑C ❑C Herbaceous vegetation with or without a strip of trees < 10 feet wide ❑D ❑D Maintained shrubs ❑E n Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: ❑ Abuts < 30 feet 30-50 feet LB RB LB RB LB RB ❑A ❑A ❑A ❑A ®A ®A Row crops ❑B ❑B ❑B ❑B ❑B ❑B Maintained turf ❑C ❑C ❑C ❑C ❑C ❑C Pasture (no livestock)/commercial horticulture ❑D ❑D ❑D ❑D ❑D ❑D Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB ®A ®A Medium to high stem density ❑B ❑B Low stem density ❑C ❑C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide. LB RB ®A ®A The total length of buffer breaks is < 25 percent. ❑B ❑B The total length of buffer breaks is between 25 and 50 percent. ❑C ❑C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB ❑A ❑A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. ❑B ❑B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. ®C ®C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity — assessment reach metric (skip for all Coastal Plain streams) 25a. ❑Yes ®No Was conductivity measurement recorded? If No, select one of the following reasons. []No Water []Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). ❑A < 46 [_1B 46 to < 67 EIC 67 to < 79 ❑ D 79 to < 230 ❑ E >_ 230 Notes/Sketch Stream Site Name Preston Park Stream Category Pb1 Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Date of Assessment 1/21/19 Assessor Name/Organization Carolina Wetland Services Notes of Field Assessment Form (Y/N) NO Presence of regulatory considerations (Y/N) NO Additional stream information/supplementary measurements included (Y/N) NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Perennial USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology HIGH (2) Baseflow MEDIUM (2) Flood Flow HIGH (3) Streamside Area Attenuation HIGH (4) Floodplain Access HIGH (4) Wooded Riparian Buffer MEDIUM (4) Microtopography NA (3) Stream Stability MEDIUM (4) Channel Stability HIGH (4) Sediment Transport LOW (4) Stream Geomorphology MEDIUM (2) Stream/Intertidal Zone Interaction NA (2) Longitudinal Tidal Flow NA (2) Tidal Marsh Stream Stability NA (3) Tidal Marsh Channel Stability NA (3) Tidal Marsh Stream Geomorphology NA (1) Water Quality LOW (2) Baseflow MEDIUM (2) Streamside Area Vegetation MEDIUM (3) Upland Pollutant Filtration MEDIUM (3) Thermoregulation HIGH (2) Indicators of Stressors YES (2) Aquatic Life Tolerance LOW (2) Intertidal Zone Filtration NA (1) Habitat LOW (2) In -stream Habitat LOW (3) Baseflow MEDIUM (3) Substrate LOW (3) Stream Stability HIGH (3) In -stream Habitat MEDIUM (2) Stream -side Habitat MEDIUM (3) Stream -side Habitat LOW (3) Thermoregulation HIGH (2) Tidal Marsh In -stream Habitat NA (3) Flow Restriction NA (3) Tidal Marsh Stream Stability NA (4) Tidal Marsh Channel Stability NA (4) Tidal Marsh Stream Geomorphology NA (3) Tidal Marsh In -stream Habitat NA (2) Intertidal Zone NA Overall LOW Liberty Crossing Attachment Sheet July 3, 2019 CWS Project No. 2018-0402 Attachment J NCSAM Assessment Reach = !'.-- =*V- . i -► i •,. f t j 9 r ro 41' VA E top t Legend Project Limits (134.8 ac.) Limits of Disturbance NCSAM Evaluation Reach Perennial Stream � � f "+T r1A - Wetlands a yy Isolated • 4•4 Jurisdictional Wetland Culvert • i"' j ' ' PROVIDED BY MECKLENBURG COUNTY1 . Liberty Crossing Attachment Sheet Attachment K July 3, 2019 CWS Project No. 2018-0402 NC DMS Mitigation Acceptance Letter ROY COOPER Governor MICHAEL S. REGAN Secretcvy TIM BAUMGARTNER Director Susan Rosenblatt Cranford Single Family Lots LLC 136 Main Street Pineville, NC 28134 Project: Preston Park NORTH CAROLINA Envlroamentat Quality July 1, 2019 Expiration of Acceptance: 1/1/2020 County: Mecklenburg The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location _ _(8 -digit HUC) Catawba 03050103 Impact Type Impact Quantity Warm Stream 91 *DMS proposes to utilize the Catawba 03 Expanded Service Area to meet the mitigation requirement. Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. Sincerely, Jmes B Stanfill A et anagement Supervisor cc: Dan Zurlo, agent nrT.yrfl nna;.. WWI 1 % North Carolina Department of Environmental Quality I Division of Mitigation Services 217 W. Jones Street 1 1652 Mall Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 Liberty Crossing Attachment Sheet July 3, 2019 CWS Project No. 2018-0402 Attachment L USFWS Correspondence S. FE United States Department of the Interior �, SERVIC �.I 6! R ILD FISH AND WILDLIFE SERVICE Asheville Field Office g 160 Zillicoa Street' Asheville, North Carolina 28801 April 23, 2019 Sean Martin Carolina Wetland Services, Inc. 550 E. Westinghouse Boulevard Charlotte, North Carolina, 28273 Dear Mr. Martin: Subject: Preston Park Residential Development; Mecklenburg County, North Carolina Log No. 4-2-19-166 The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your correspondence dated March 19, 2019. We submit the following comments in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); the National Environmental Policy Act (42 U.S.C. §4321 et seq.); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Project Description According to the information provided, the proposed project would consist of a residential development on 154.8 acres in Charlotte, North Carolina. The proposed project area contains successional wooded habitats, agricultural fields, maintained utility line corridors, and transitional habitats. The site contains multiple tributary streams to Sugar Creek. However, proposed project -mediated impacts to streams and wetlands, impact avoidance, impact minimization, or impact mitigation measures were not disclosed in your correspondence. Federally Listed Endangered and Threatened Species The information provided suggests that potential suitable habitat for the federally endangered Schweinitz's sunflower (Helianthus schweinitzii), smooth coneflower (Echinacea laevigata), and Michaux's sumac (Rhus michauxii) occurs onsite (e.g. transitional areas along forest edges, fencerows, roadsides, utility rights-of-way, etc.). Targeted surveys for these species should be conducted during the optimal survey window(s) where proposed project -mediated impacts overlap suitable habitats for these species. Survey efforts between late August and October (first frost) would span the optimal survey window for all of the species referenced above. Please submit your survey results to this office when they become available to complete our review. The Service appreciates your coordination and the opportunity to provide these comments. Please contact Mr. Byron Hamstead of our staff at 828/258-3939, Ext. 225, if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-19-166. Sincerely, - - original signed - - Janet Mizzi Field Supervisor Liberty Crossing Attachment Sheet July 3, 2019 CWS Project No. 2018-0402 Attachment M NC SHPO Correspondence btu. STATE,, North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary Susi H. Hamilton February 11, 2019 Chris Todd Timmons Group Office of Archives and History Deputy Secretary Kevin Cherry Re: Develop Preston Park Residential Development, Industrial Drive & Polk Street, Pineville, Mecklenburg County, ER 19-0069 Dear Mr. Todd: Thank you for your letter of January 9, 2019, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.reviewnncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, 6$231 Ramona M. Bartos 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 Liberty Crossing Attachment Sheet Attachment N Photopage July 3, 2019 CWS Project No. 2018-0402 y 4 1 P Ly�yr * • e`er .e # �4 � .•sem � _ r s Tom( '� _ � � - k �. •OM1 '�,� �' • , � �3t • r� r d �{ , �'. ` : • +�4: .. y„y►�. f �:� Uzi- i� �,;r �- �•��' Photograph 3. View of Wetland AA, facing north. 'Y`� �'*f ..�-� � � �.� _ ���- ti' •,�'�t � Vie• r �, �%'` ` r�„.?S � "�r S. S �' `�.'�,_.� .oN�� x �,.,,rt• s:' .('mow. M1�j, .•'i �; �.' � •.,; x��•r�. - �' iii R •'Id. T'T - ,�1, v% Pineville Residential Attachment C: Photopage July 5, 2017 CWS Project No. 2017-0350 Photograph 5. View of Wetland CC, facing northeast. 9_ %*Olt 'c j} s' ' 4 u ... �, s• , Photograph 6. View of Wetland DD, facing northeast. Photopage 3 of 5 r „04� - _� _ ,. _ J�t�"... •! I , '� � _ _. Fes. f • L 4 +. _ � e , YL _ 47� X4¢4 _