20211763 Ver 1_2100 Simplicity Road_Cover Letter and Attachments_20211206

CAROLINA WETLAND SERVICES, INC.
550 E. Westinghouse Blvd.
Charlotte, NC 28273
704-527-1177 (office)
704-527-1133 (fax)
To: Krystynka Stygar
USACE - Charlotte Regulatory Field Office
Alan Johnson
NCDEQ - 401 & Buffer Permitting Branch
Date: December 1, 2021
Subject: After -the Fact Pre -Construction Notification Pursuant to Nationwide Permit No. 39
2100 Simplicity Road
Concord, North Carolina
CWS Project No. 2021-0133
Dear Ms. Stygar and Mr. Johnson,
The 2100 Simplicity Road site is approximately 43 acres in extent and is located east/southeast of the
Simplicity Road and Cedar Ridge Lane intersection in Cabarrus County, North Carolina (Figure 1,
Attachment A). Sealand Contractors Corp. has contracted Carolina Wetland Services, Inc. (CWS) to provide
Section 404/401 permitting services for this project. An executed Agent Authorization Form is attached
(Attachment B).
CWS was contracted by Sealand Contractors Corp. to identify potentially jurisdictional waters within the
review area. During the site visit, CWS observed a recently constructed stream crossing. Based on
the conversation with the property owner, no Section 404/401 permits had been obtained as the owner was
not aware the feature would be regulated by USACE or DEQ. Sealand Contractors intend to use the
property to place the excess soil/dirt, while the property owner intends to convert this area for a pasture. The
soil/dirt placed on the property would help to bring the grade more even. Therefore, CWS is submitting an
After -the -Fact Pre -Construction Notification pursuant to Nationwide Permit No. 39 to the U.S. Army Corps of
Engineers and North Carolina Department of Environmental Quality for the impacts to the jurisdictional
waters of the U.S. The impacts include approximately 115 If permanent impacts due to culvert, and 200 If
temporary impacts due to construction disturbance and stabilization.
ATTACHMENTS INCLUDED:
DESCRIPTION
Attachment A - Figures 1-8
Attachment B - Agent Authorization Form
Attachment C - Preliminary Jurisdictional Determination SAW-2021-02476
Attachment D - Impacts and Corrective Action Plan
Attachment E - Sediment and Erosion Control Plan
Attachment F - Photographs
Attachment G - Protected Species Assessment
Attachment H - SHPO Map
Please do not hesitate to contact Aliisa Harjuniemi at 980-259-1222 or [e-mail] should you have
any questions or comments regarding this request.
Sincerely,
Megan Bollero, WPIT
Project Scientist
Aliisa Harjuniemi, PWS
Senior Project Manager

2100 Simplicity Road
Attachments
December 1, 2021
CWS Project No. 2021-0133
ATTACHMENT A:
Figures 1-8

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REFERENCE: BACKGROUND VICINITY MAP PROVIDED BY ESRI, 2021.
SCALE: DATE:
1 inch = 5,000 feet 10/28/2021
CWS PROJECT NO: DRAWN BY:
2021-0133 AVH
COORDINATES: CHECKED BY:
35.335875,-80.540415 GCA
Is
CAROLINA
WETLAND SERVICES
40
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Legend
Project Limits (43 ac.)
5,000 2,500 0 5,000 Feet
Vicinity Map
2100 Simplicity Road
Cabarrus County
Concord, North Carolina
FIGURE NO.
G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0133 2100 Simplicity Road\JD\ArcGIS\Figure1_Vicinity.mxd

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REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE(S): CONCORD SE, NC (2018).
5
SCALE: DATE: FIGURE NO.
1 inch = 2,000 feet 10/28/2021 USGS Topographic Map
CWS PROJECT NO: DRAWN BY:
2021-0133 AVH 2100 Simplicity Road
COORDINATES: CHECKED BY: GAR ❑ L I N A Cabarrus County
2
35.335875,-80.540415 GCA WETL•AN❑ sERV10Es Concord, North Carolina
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REFERENCE: BACKGROUND AERIAL IMAGERY PROVIDED BY ESRI, ACCESSED 2021.
BACKGROUND GIS LAYER(S) PROVIDED BY CABARRUS COUNTY GIS DEPARTMENT, DATED 2021.
SCALE: DATE:
1 inch = 500 feet 10/28/2021
CWS PROJECT NO: DRAWN BY:
2021-0133 MLB Is
COORDINATES: CHECKED BY: GAR ❑ L I N A
35.335875,-80.540415 AVH WETLAND SFRV10ES
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Legend
Project Limits (43 ac.)
Roads
Tax Parcels
500 250 0 500 Feet .
Aerial Map
FIGURE NO.
3
2100 Simplicity Road
Cabarrus County
Concord, North Carolina
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Total Coverage:
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Project Limits (43 ac.)
Roads
1,000 500 0 1,000 Feet
REFERENCE: USDA-NRCS WEB SOIL SURVEY OF CABARRUS COUNTY, NC, DATED 2020.
A h ChA
PaF
SCALE: DATE: USDA-NRCS Web Soil Survey FIGURE NO.
1 inch = 1,000 feet 10/28/2021 y
CWS PROJECT NO: DRAWN BY: of Cabarrus County
-5
2021-0133 MLB 2100 Simplicity Road
COORDINATES: CHECKED BY: C A R O L I N A Cabarrus County
35.335875,-80.540415 AVH WETLAND 5ERV10ES Concord, North Carolina
G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0133 2100 Simplicity Road\JD\ArcGIS\Figure4_CurrentSoils.mxd

G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0133 2100 Simplicity Road\JD\ArcGIS\Figure5_HistoricSoils.mxd

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Legend
Project Limits (43 ac.)
Roads
National Wetland Inventory
Freshwater Emergent Wetland
aw
Freshwater Pond
2 - Riverine
REFERENCE: NATIONAL WETLAND INVENTORY DATA PROIVDED BY UNITED STATES FISH AND rj00 250 0 500 Feet
WILDLIFE SERVICE FOR NORTH CAROLINA, ACCESSED 2021.
BACKGROUND LAYER(S) PROVIDED BY CABARRUS COUNTY GIS DEPARTMENT, DATED 2021.
NI-1 x
SCALE: DATE: FIGURE NO.
1 inch = 500 feet 10/28/2021 National Wetland Inventory
CWS PROJECT NO: DRAWN BY:Is 2021-0133 MLB 2100 Simplicity Road
COORDINATES: CHECKED BY: GAR ❑ L I N A Cabarrus County 6
35.335875,-80.540415 AVH WETLAND SERVICES Concord, North Carolina
G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0133 2100 Simplicity Road\JD\ArcGIS\Figure6_NWl.mxd

G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0133 2100 Simplicity Road\JD\ArcGIS\Figure7_FEMA.mxd

N
590
REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY CABARRUS
COUNTY GIS DEPARTMENT, DATED 2021.
NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED
IN THE FIELD), CLASSIFIED, AND MAPPED USING A SUB -FOOT CAPABLE GPS
UNIT BY CWS, INC., ON OCTOBER 18, 2021. JURISDICTIONAL FEATURES HAVE
NOT BEEN VERIFIED BY THE USACE.
SCALE: DATE:
1 inch = 300 feet 10/28/2021
CWS PROJECT NO: DRAWN BY:
2021-0133 MLB
COORDINATES: CHECKED BY:
35.335875,-80.540415 AVH
A
• DP1
F
590
O
el
Perennial Stream A
214 If
300 150
Legend
Project Limits (43 ac.)
Perennial Stream
Culvert
Roads
Tax Parcels
ODP Data Point
A SCP Stream Classification Point
Indicates Flow
Photo Location and Direction
0 300 Feet
FIGURE NO.
Jurisdictional Boundaries
Is
2100 Simplicity Road
CAR ❑ L I N A Cabarrus County
WETLAND SERVICES Concord, North Carolina 8--1
G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0133 2100 Simplicity Road\JD\ArcGIS\Figure8_JD.mxd

2100 Simplicity Road
Attachments
December 1, 2021
CWS Project No. 2021-0133
ATTACHMENT B:
Agent Authorization Form

U S. Army Carps of Engineers — Wilmington District - Regulatory ❑ivision
AGENT AUTHORIZAVON
1. PROJECTIS11T1E INFORMATION
Site Name: 2100 Simolicity Road
Property Identification Number(s): 11-060-0001.00
I, the undersigned, Daniel Bree hereby authorize Aliisa Ilariuniemi , to aci on
my behalf in all manners relating to all dealings with the U.S. Army Corps of Engineers regarding the project and
properties listed above, including taking all necessary actions for the application, processing, issuance, and/or
acceptance of a Clean Water Act and/or Rivers and Rivers Act delineations. determinations, and/or permits Any
and all acts carried out by Aliisa Hariuniemi on my behalf as it relates to this project and properties
shall have VW same ct as acts of my own,
�i
Signal Date
PrimWal Puruose: The irrformr+lion That you prnyide wd bo used in ova=ua.ing you request lodelerrtiine who thar mere are anyaqualic resources within Iria project area
subject to federal jurisdiction under tha regulatory authorities rolorerrcod above.
Raulino Uses: This information may be shared with the de parlmant of JusIice and ulhar fedotal. state, and local govornmonI agarlcles, and the public, rmd may be made
available as port of a public notice as required by lederal law Your name a•id propody ocotian whore lederal yur sdiction is to be determined will be Included in Iha aprxoved
Jurlsdirxional determination (AJn), whlcti wilt be made avallebla to lho public on the ❑i6trict's webstte and on Ita Headquarters USACE website.
DisgippoMi Submixsion of roquastod nformation is.cluntary: hownvor, if information is not provided, the rocluost for a jurMictlonal dotorminalloncannot boovalualed rtor
can a Ju risdiclion of dalorrninalion he issued
January 2020

2100 Simplicity Road
Attachments
December 1, 2021
CWS Project No. 2021-0133
ATTACHMENT C:
Preliminary Jurisdictional Determination
(SAW-2021-02476)

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-02476County: Cabarrus U.S.G.S. Quad: NC -Concord SE
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: SeaLand Contractors Corn
Daniel Bree
Address: 1708 N. Caldwell Street
Charlotte, NC 28206
Telephone Number: 7004-552-1102
E-mail: vidksealandcontractors com
Size (acres) 43
Nearest Waterway Rocky River
USGS HUC 03040105
Nearest Town Concord
River Basin UnnerPeeDee
Coordinates Latitude:35.335875
Longitude:-80.540415
Location description: Project is located at2100 SimplicitvRo ad, Concord, Cabarrus County. North Carolina. PIN:11-060-
0001.000
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appearto be waters onthe above described project area/property, thatmay be subjectto Section 404 ofthe Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been
delineated, and the delineation has beenverifiedby the Corps to be sufficiently accurate and reliable. The approximate boundaries
of these waters are shown on the enclosed delineation map dated 10/28/2021. Therefore this preliminary jurisdiction
determination maybe used in the permit evaluation process, including determining compensatory mitigation. For purposes of
computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made
on the basis of a preliminary JD will treat all waters and wetlands that would be affected in anyway by the permitted activity on
the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the
Regulatory Program Administrative Appeal Process (Reference 3 3 CFR Part 3 31). However, you may request an approved JD,
which is an appealable action, by contactingthe Corps districtfor further instruction.
❑ There appear to be waters on the above described project area/property, thatmay be subjectto Section 404 of the Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters
have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process.
Without a verified wetland delineation, this preliminary determination is merely an effective pre sumption of C WA/RHA
jurisdiction over allof the waters at the project area, which is not sufficiently accurate andreliable to support anenforceable
permit decision. We recommend that you have the waters on your project area/property delineated. As the Corps may not be able
to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultantto conduct a delineation that can
be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above describedproject area/property subjectto the permit
requirements of Section 10 of the Rivers andHarbors Act (RHA) (33 USC § 403) and Section 404 ofthe Clean WaterAct
(CWA)(33USC§ 1344). Unless there is a change in law or our published regulations, this determination maybe relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waterson the above described project area/property subjectto the permit requirements of Section 404 ofthe Clean
WaterAct(CWA)(33USC§ 1344). Unless there is a change in the law or our published regulations, this determination maybe
relied upon fora period notto exceed five years from the date ofthis notification.
❑ We recommend you have the waters on your project area/property delineated. As the Corps may notbe able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation thatcan be verified by
the Corps.
❑ The waters on yourproject area/property have been delineated and the delineation has beenverifiedby the Corps. The
approximate boundaries of these waters are shown onthe enclosed delineationmapdatedDATE. We strongly suggest youhave
this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey

SAW-2021-02476
will provide an accurate depiction of all areas subject to CWAjurisdiction on your property which, provided there is no change in
the law or our published regulations, maybe relied upon for a periodnotto exceed five years.
❑ The waters have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official
identified below onDATE. Unless there is a change in the law or our published regulations, this determinationmay be relied
upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, pre sent on the above described project area/property which are subj ectto the
permit requirements of Section404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination maybe relied upon for a period notto exceed five years from the date of this notification.
❑ The property is located in one ofthe 2 0 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of CoastalMa nagement in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fillm a terial within waters of the US, including wetlands, without a Department ofthe Army permit may
constitute a violation of Section301 of the Clean WaterAct (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters ofthe United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regardingthis determination and/or the Corps regulatory program, please contact Krystynka B Stygar at 252-545-0507 or
krystynka.b.stygar&msace.army.mil.
C. Basis For Determination: Based on information submitted by the applicant and available to the U.S.
Army Corps of Engineers, the project area exhibits criteria for waters of the U.S. as defined in 33
CFR 328, Regulatory Guidance Letter 05-05, the 1987 Wetland Delineation Manual, and/or the
Regional Supplement to the 1987 Manual: Eastern Piedmont and Mountains v2.0. See the
preliminary jurisdictional determination form dated 11/19/2021.
D. Remarks: See approximate Jurisdictional Features on map, "2100 Simplicity Road-] 012812021 "
E. Attention USDA Program Participants
This delineation/determinationhas been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may notbe 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.
F. Appeals Information ('Phis information applies only to approved jurisdictional determinations as indicated in B.
above)
If you object to this determination, you may request an administrativeappeal under Corps regulations at33CFRPart 331. Enclosed
you will find a Notification ofAppealProcess (NAP) fact sheet and Request for Appeal (RFA) form. Ifyourequest to appealthis
determ ination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth StreetSW,FloorM9
Atlanta, Georgia 30303-8803
AND
PH I L I P.A. SHANNIN&USACE.ARMY.MIL
In order for an RFAto be accepted by the Corps, the Corps must determine that it is complete, thatit meets the criteria for appeal
under 33 CFR part 331.5, andthat it has been received by the Division Office within 60 days of the date ofthe NAP. Should y ou
decide to submit an RFA form, it must be received at the above address by Not applicable.
* * It is not necessary to submit anRFAform tq the Division Office if you do notobject to the determination in this correspondence.**
Corps Regulatory Official: 'r(41 !J //lyff4yL
Date of JD:11/19/2021 Expiration Date of JD-. Not applicable

SAW-2021-02476
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
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Copy furnished:
Agent: Carolina Wetland Services
Aliisa Harjuniemi
Address: 550 East Westinghouse Blvd
Charlotte, NC 28273
Telephone Number: 980-259-1222
E-mail: aliisakcws-inc net
Property Owner: COMPANY NAME
William and Suzanne Craig
Address: 2100 Simplici , Road
Concord. NC 28025

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
JL
Applicant: SeaLandContractors Cora,DanielBree File Number:SAW-2021-02476
I Date:11/19/2021
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMITDENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
®
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies yourrights and options regarding an administrative appealof the above decision.
Additional information may be found at orhttp://www.usace.army.miUMissions/CivilWorks/Regulatory Pro aamandPermits.aspx
or the 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 yourwork 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 appealthe permit, including its terms and conditions, and approved jurisdictionaldeterminations 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 appealthe permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a)modify the permit to address allof 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
evaluatingyour 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 appealthe 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 yourwork 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 appealthe permit, including its terms and conditions, and approved jurisdictionaldeterminations 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 appealthe declined permit underthe Corps of Engineers Administrative AppealProcess by completing Section II of
this form and sendingthe 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 appealthe denialof a permit underthe Corps of Engineers Administrative AppealProcess 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 orappealthe 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 appealthe approved JD.
• APPEAL: If you disagree with the approved JD, you may appealthe approved JD under the Corps of Engineers
Administrative AppealProcess by completing Section II of this form and sending the form to the district 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 maybe appealed),
by contacting the Corps district for further instruction. Also you may provide new inform ation for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe yourreasonsforappealingthe decision or your objections to an initial
proffered permit in clear concise statements. You may attach additionalinformation to this form to clarify where yourreasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appealis limited to a review of the administrative record, the Corps memorandum forthe
record of the a ppea I conference ormeeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant northe Corpsmay add new information oranalysesto the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regardingthis decision and/orthe
If you only have questions regarding the appealprocess you may
appealprocess you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
MR. PHILIP A. SHANNIN
Attn: Krystynka B Stygar
ADMINISTRATIVE APPEAL REVIEW OFFICER
Charlotte Regulatory Office
CESAD-PDS-O
U.S Army Corps of Engineers
60 FORSYTH STREET SOUTHWEST, FLOOR M9
8430 University Executive Park Drive, Suite 615
ATLANTA, GEORGIA 30303-8803
Cha rlottc, No rth Carolina 28262
PHONE: [phone]; FAX[phone]
EMAIL: PHILIP.A.SHANNINna,USACE.ARMY.MIL
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 appealprocess. You will be provided a 15-day
notice of any site investigation, and will have the opportunity to participate m all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Krystynka B Stygar, 8430University Executive park Drive, Suite
615, Charlotte, North Carolina, 28262
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. Philip Shannin, Administrative
Appeal Officer, CE SAD-PDO, 60 Forsyth Street, Room 10M15, Atla nta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 11/19/2021
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: SeaLand Contractors Corp, Daniel Bree,
1708 N. Caldwell Street, Charlotte, NC 28206
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, 2100 Simplicity Road, SAW-
2021-02476
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Project is located at 2100 Simplicity
Road, Concord, Cabarrus County, North Carolina. PIN. 11-060-0001.000
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Cabarrus City: Concord
Center coordinates of site (lat/long in degree decimalformat): Latitude:35.335875 Longitude:-80.540415
Universal Transverse Mercator:
Name of nearestwaterbody: Rocky River
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
® Office (Desk) Determination. Date: November 19, 2021
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Site Number
Latitude
Longitude
Estimated
Type of aquatic
Geographic
(decimal
(decimal
amountof
resources (i.e., wetland
authority to
degrees)
degrees)
aquatic
vs. non -wetland
which the aquatic
resources in
waters)
resource"may
review area
be" subject (i.e.,
(acreage and
Section 404or
linear feet, if
Section 10/404)
applicable
StreamA
35.333626
-80.541155
214LF
Non -wetland waters
Section404
1. The Corps of Engineers believes that there may bejurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide

General Permit (NWP) or othergeneral permitverification requiring "pre- construction
notification" (PCN), or requests verification for a non -reporting NWP or other general
permit, and the permit applicant has not requested an AJD for the activity, the permit
applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit
authorization based on a PJD, which does not make an official determination of
jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before
accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being
required or different special conditions; (3) the applicant has the rightto request an
individual permit rather than accepting the terms and conditions of the NWP or other
general permit authorization; (4) the applicant can accept a permit authorization and
thereby agree to comply with all the terms and conditions of that permit, including
whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subjectpermit authorization without
requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6)
accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking
any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction
in any administrative orjudicial compliance or enforcement action, or in any administrative
appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or
a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered
individual permit (and all terms and conditions contained therein), or individual permit
denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an
administrative appeal, it becomes appropriate to make an official determination whether
geographic jurisdiction exists over aquatic resources in the review area, or to provide an
official delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AID to accomplish that result, as soon as is practicable. This PJD finds that
there "may be"waters of the U.S. and/or that there "maybe" navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could
be affectedby the proposed activity, based on the following information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative
record and are appropriately cited:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Carolina Wetland Services for Sealand Contractors

® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
❑ Office concurs with data sheets/delineation report.
❑ Office does not concurwith data sheets/delineation report. Rationale:
❑ 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: Figure 2, USGS Topo Dated 2018
® Natural Resources Conservation Service Soil Survey. Citation: NRCS Figures 4 & 5, dated 2020 and 1968
®Nationalwetlands inventory map(s). Cite name: Figure 6, NWI dated 2020
❑ State/local wetland inventory map(s):
®FEMA/FIRM maps: Figure 7: dated 2018
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
®Photographs: ® Aerial (Name & Date): Figure3,Dated2021
or ® Other (Name & Date): Photolog 1-7 dated 10/18/2021
❑ Previous determination(s). File no. and date of response letter:
®Other information (please specify): NCDEO Stream Classification Forms ( SCP1)
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corns
and should not be relied upon for later jurisdictional determinations.
4P )9K
Signature and date of Regulatory
staff member completing PJD
11 / 19/2021
Signature and date of person requesting PJD
(REQUIRED, unless obtainingthe signature is
impracticable)'
'Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established
time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.

N
590
REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY CABARRUS
COUNTY GIS DEPARTMENT, DATED 2021.
NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED
IN THE FIELD), CLASSIFIED, AND MAPPED USING A SUB -FOOT CAPABLE GPS
UNIT BY CWS, INC., ON OCTOBER 18, 2021. JURISDICTIONAL FEATURES HAVE
NOT BEEN VERIFIED BY THE USACE.
SCALE: DATE:
1 inch = 300 feet 10/28/2021
CWS PROJECT NO: DRAWN BY:
2021-0133 MLB
COORDINATES: CHECKED BY:
35.335875,-80.540415 AVH
A
• DP1
F
590
O
el
Perennial Stream A
214 If
300 150
Legend
Project Limits (43 ac.)
Perennial Stream
Culvert
Roads
Tax Parcels
ODP Data Point
A SCP Stream Classification Point
Indicates Flow
Photo Location and Direction
0 300 Feet
FIGURE NO.
Jurisdictional Boundaries
2100 Simplicity Road
CAR ❑ L I N A Cabarrus County
WETLAND SERVICES Concord, North Carolina 8--1
G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0133 2100 Simplicity Road\JD\ArcGIS\Figure8_JD.mxd

2100 Simplicity Road
Attachments
December 1, 2021
CWS Project No. 2021-0133
ATTACHMENT D:
Impacts and Corrective Action Plan

o
A
• DP1
N
/ 590 �O
h
cn
0
S2 - 200 if
Temporary impact
(Stabilization; see
the corrective action
plan)
Legend
r� Project Limits (43 ac.)
Perennial Stream A Perennial Stream
S1 - 115 1f
214 If culvert
_
Permanent impact Roads
(culvert) Tax Parcels
ODP Data Point
A SCP Stream Classification Point
Indicates Flow
REFERENCE: BACKGROUND GIS LAYER(S) PROVIDED BY CABARRUS
COUNTY GIS DEPARTMENT, DATED 2021. Photo Location and Direction
NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED (FLAGGED
IN THE FIELD), CLASSIFIED, AND MAPPED USING A SUB -FOOT CAPABLE GPS 3OO 150 0 300 Feet
UNIT BY CWS, INC., ON OCTOBER 18, 2021. JURISDICTIONAL FEATURES HAVE
BEEN VERIFIED BY USACE (SAW-2021-02476).
570
SCALE: DATE: FIGURE NO.
1 inch = 300 feet 12.1.2021 Stream Impacts
CWS PROJECT NO: DRAWN BY:Is 2021-0133 MLB 2100 Simplicity Road
COORDINATES: CHECKED BY: GAR ❑ L I N A Cabarrus County
35.335875,-80.540415 AVH WETLAND SERVICES Concord, North Carolina
G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0133 2100 Simplicity Road\JD\ArcGIS\Figure8_JD.mxd

2100 Simplicity Road
Corrective Action Plan
December 1, 2021
CWS Project No. 2021-0133
Corrective Action Plan
The occurred impacts include approximately 115 If permanent impacts due to culvert (S1), and
200 If temporary impacts due to construction disturbance (S2). The disturbed stream reach will
be restored through sloping, matting, seeding, and live staking.
- Sediment and Erosion Control Plan (Attachment E) will be implemented to prevent
further sedimentation and additional disturbances to the stream.
- The stream banks will be stabilized with a native riparian seed mix and biodegradable
coconut matting, and the buffers will be planted with native riparian shrubs and trees.
Restored stream reach will be constructed to maintain low flows and is designed to have
a stable profile and dimension.
The undisturbed reaches downstream and upstream from the restoration reach have a 4
feet wide stream bed, depth is approximately 1-3 feet, and the bankfull width is
approximately 6-12 feet. The proposed stream reach will be constructed according to
these dimensions. The banks will be graded to approximately 2:1 slope for improved
stability (see cross -sectional views on page 2).
A pump around will be utilized in order to work in the dry and other erosion and sediment
control techniques will be utilized to minimize sediment escape from the site during
construction.
Page 1 of 6

2100 Simplicity Road
Corrective Action Plan
December 1, 2021
CWS Project No. 2021-0133
Riffle
10,
2-1 1 4
0.5'
Riffle Cross -Section
Pool
11'
2+ 4
1
r
Nrs
S.
Pool Cross -Section
Riparian Buffer Enhancement
After the stream has been constructed and stabilized, new vegetation will be installed along with
native plant seed application to enhance the buffer areas to the natural vegetation community
type. The community type proposed for restoration is a combination of Piedmont Headwater
and Alluvial Forests, described in Guide to the Natural Communities of North Carolina
(Schafale, 2012).
Page 2 of 6

2100 Simplicity Road
Corrective Action Plan
December 1, 2021
CWS Project No. 2021-0133
Buffer vegetation planting plan
A planting plan will be utilized to enhance vegetation within a 20-foot buffer along the restored
stream. Live stakes will be installed on the stream banks for bank stabilization and erosion
control. Container plants may be substituted if planting is completed outside of the dormant
season (November 15 - March 15).
The area to be planted consists of three zones: 1) stream banks, 2) floodplain bench, and 3)
riparian buffer. Native riparian plant species such as silky dogwood (Corpus amomum), black
willow (Salix nigra), elderberry (Sambucus canadensis), and soft rush (Juncus effusus) will be
planted on the lower stream banks (Zone 1). The riparian buffers will be planted with species
such as red maple (Acerrubrum), mockernut hickory (Carya tomentosa), slippery elm (Ulmus
rubra), and spicebush (Lindera benzoin) (Zones 2 and 3).
Trees and shrubs will therefore be planted in naturalistic drifts at an average spacing of 10-foot
centers. See pages 5-6 for the planting and stabilization details . Within the buffer areas where
existing vegetation has already been established, no planting is proposed.
The following plugs and livestakes will be planted on the stream banks:
Zone 1: Stream banks:
1. Soft rush (Juncus effusus) - Plug 17oe
2. Silky dogwood (Corpus amomum) -Live stake 4' O.C.
3. Black willow (Salix nigra) -Live stake 4' O.C.
4. Elderberry (Sambucus canadensis) -Live stake 4' O.C.
The following woody species (one gallon containerized) are recommended to be planted within
the riparian buffer):
Zone 2: Floodplain Bench:
Trees:
1. Cherry bark oak (Quercus pagoda)
2. Swamp chestnut oak (Quercus michauxii)
3. River birch (Betula nigra)
4. American sycamore (Platanus occidentalis)
5. Sugarberry (Celtis laevigata)
Shrubs:
1. Silky dogwood (Corpus amomum )
2. Arrowwood (Viburnum dentatum)
3. Elderberry (Sambucus canadensis)
4. Spicebush (Lindera benzoin)
Zone 3: Riparian Buffer:
Trees:
6. Red maple (Acer rubrum)
7. Ironwood (Carpinus caroliniana)
8. Box elder (Acer negundo)
9. Persimmon (Diospyros virginiana)
10. Willow oak (Quercus phellos)
11. Slippery elm (Ulmus rubra)
12. Hackberry (Celtis occidentalis)
13. Mockernut hickory (Carya tomentosa)
Page 3 of 6

2100 Simplicity Road
Corrective Action Plan
December 1, 2021
CWS Project No. 2021-0133
Shrubs:
5. Buckeye (Aesculus sylvatica)
6. Flowering dogwood (Corpus florida)
7. Beauty berry (Callicarpa americana)
A minimum of six tree species and four shrub species should be selected to revegetate the
buffer area. Native plants with the same NWI classification rating may be substituted due to
availability. Native wetland/riparian seed mix will be broadcast over the restored buffer areas
using designer approved techniques.
Seeding details, including representative species that may be used, are summarized in Table 1.
Table 1. Proposed Seeding Plan*
All
Zones: Permanent Riparian Seed Mix
Common name
Botanical name
% Mix
Red -top panicgrass
Panicum rigidulum
20
Little blue stem
Schizachyrium scopanum
15
Lanceleaf tickseed
Coreopsis lanceolata
10
Partridge pea
Chamaecrista fasciculata
10
Black-eyed susan
Rudbeckia hirta
10
Beaked panicgrass
Panicum anceps
10
River oats
Chasmanthium latifolium
5
Deer tongue
Dichanthelium clandestinum
5
Virginia wild rye
Elymus virginicus
5
Purple top
Tridens flavus
5
Tickseed sunflower
Bidens aristosa
5
apply at 25 Ibs/acre
All Zones: Temporary Seed Mix
Early Summer Season
Winter Season
Seeding Mixture
40 Ibs/acre of German Millet or
Brown Top Millet
120 Ibs/acre Rye
Seeding Dates
May 1 st - September 15th
September 15th - May 1 st
Seeding Amendments
pply limestone and fertilizer per soil tests, or 2000 Ibs/acre
limestone and 750 Ibs/acre 10-10-10 fertilizer.
* Plants may be substituted with similar native species due to availability and season.
Matting must be coir 200 gram at toe of stream bank secured with cinch stakesTM. The second
row of matting must be c125bn coconut matting to be secured with cinch stakes TM on three inch
on center spacing. All native seed with appropriate temporary seed should be broadcast only
using designer approved techniques. All work must be directed and supervised by a
professional wetland scientist.
Page 4 of 6

2100 Simplicity Road
Corrective Action Plan
December 1, 2021
CWS Project No. 2021-0133
SQUARE CUT
BUDS (FACING UPWARD)
2-3 FEET IN LENGTH
LIVE CLFFING
0i %' DIAMETER)
ANGLE CUT3Dd5
DEGREES
NOTE'
STAKING MAY BE REQUIRED THROUGH
MATTING, ROCK, OR COMPACTED SOILS_
REQUIRE STARTER HOLE IF THE CASE_
LIVE STAKES
L
I
NORMAL DEPTH
NOTES'
1 _ LIVE STAKES SHALL BE EVENLY SPACED 4 FEET APART.
2_ LIVE STAKES SHALL BE DRfVEN UNTIL APPROXIMATELY 31, OF LIVE STAKE IS WITHIN GROUND_
3_ IF STARTER HOLE IS NEEDED, MINIMIZE AIR POCKET AS MUCH AS POSSIBLE_
4. UTILIZE ON SITE TRANSPLANT MATERIALS MADE AVAILABLE BY THE OWNER ONCE SOURCE
OF TRANSPLANT MATERIAL HAS BEEN HARVESTED, UTILIZE UVE STAKING_
2
Ki
OPEN PLANTING PLACE BARE —ROOT
CLOSE HOLE WITH
HOLE WITH SEEDLING IN HOLE —
SHOVEL OR AUGER -
SHOVEL OR AUGER ROOT COLLAR AT
NO AIR SPACE
SURFACE
AROUND ROOTS
NOTES:
1 BARE ROOT PLANTS SHALL BE EVENLY SPACED 10 FEET APART.
2. SOAK THE ROOTS IN WATER 30-50 MIN.S PRIOR TO PLANTING. ALWAYS BE SURE TO KEEP
ROOTS MOIST,
3_ DIG A HOLE TWICE THE DIAMETER OF THE ROOT SPREAD_
4. BACKFILL HOLE WITHOUT SOIL AMENDMENTS. THE PLANT SHOULD BE HELD UPRIGHT
DURING BACKFILUNG PRESSING THE SOIL BETWEEN THE ROOTS TO ELIMINATE AIR
POCKETS.
Page 5 of 6

2100 Simplicity Road
Corrective Action Plan
December 1, 2021
CWS Project No. 2021-0133
ANCHOR FABRIC
INTO EARTH FILL
Biodegradable coir
matting
12" NA GREEN
RESLOPE EXISTING STREAM BANK TO ORIGINAL
CONTOURS AND STABILIZE WITH NATIVE PLANT SEED
MIX PER EROSION CONTROL NOTES.
INSTALL NORTH AMERICAN GREEN S-75BN MATTING OR
EQUAL ON STREAMBANK WHEN SEEDING IS COMPLETED.
BANkFULL ELEVATION r-NORMAL STREAM LEVEL
VARIES C-12"
T"1T
11 STREAM BED ELEVATION
TYPICAL STREAM BANK STABILIZATION
(NO FERTILIZER TO BE USED WITHIN 10' OF BANK)
Documentation After Construction
Following the stabilization of the stream channel and buffer planting, CWS will provide
photographs of the restored stream reach and a brief "as -built" summary to document the
relocated stream conditions. This report will be submitted to the USACE and NCDEQ for their
review and comments.
The as -built report will be submitted to the NCDEQ and USACE for review within a month from
the completion of the work.
Page 6 of 6

2100 Simplicity Road
Attachments
December 1, 2021
CWS Project No. 2021-0133
ATTACHMENT E:
Sediment and Erosion Control Plan

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2100 Simplicity Road
Attachments
December 1, 2021
CWS Project No. 2021-0133
ATTACHMENT F:
Photographs

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2100 Simplicity Road
Photopage
December 1, 2021
CWS Project No. 2021-0133
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Photograph 4. View of Stream A, facing downstream.
Photopage 2 of 4

2100 Simplicity Road
Photopage
December 1, 2021
CWS Project No. 2021-0133
Photograph 5. View of current site conditions, facing southwest.
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Photograph 6. View of current site conditions, facing west.
Photopage 3 of 4

2100 Simplicity Road
Photopage
December 1, 2021
CWS Project No. 2021-0133
Photograph 7. View of non jurisdictional upland area, facing southwest (DP1).
Photopage 4 of 4

2100 Simplicity Road
Attachments
December 1, 2021
CWS Project No. 2021-0133
ATTACHMENT G:
Protected Species Assessment

CAROLINA WETLAND SERVICES, INC.
550 E. Westinghouse Blvd.
Charlotte, NC 28273
704-527-1177 (office)
704-527-1133 (fax)
October 29, 2021
Vincent DiProspero Jr.
Sealand Contractors Corp.
1708 N Caldwell St.
Charlotte, NC 28206
Subject: Protected Species Habitat Assessment Report
2100 Simplicity Road
Concord, North Carolina
CWS Project No. 2021-0133
Dear Mr. DiProspero Jr.,
Sealand Contractors Corp. has contracted Carolina Wetland Services, Inc. (CWS) to provide a
protected species habitat assessment for the 2100 Simplicity Road site. The 2100 Simplicity
Road site is approximately 43 acres in extent and is located east/northeast of the Simplicity
Road and Cedar Ridge Lane intersection in Cabarrus County, North Carolina (Figure 1).
Methods
In -office Desktop Review
To determine which protected species are listed as occurring or potentially occurring within the
project vicinity and prior to conducting the on -site field investigation, CWS consulted the United
States Fish and Wildlife Service (USFWS) Endangered and Threatened Species and Species of
Concern by County for North Carolina online database for Cabarrus County' and Information for
Planning and Consultation (IPAC) database. In addition, CWS performed a data review using
the North Carolina Natural Heritage Program (NCNHP) Data Explorer2 on October 19, 2021 to
determine if any record occurrences of federally -listed, candidate endangered, threatened
species, or critical habitat are located within the project limits.
Typical habitat requirements for listed species was discerned from multiple USFWS3 and
NCNHP4 online resources including, but not limited to, specific USFWS species profiles,
recovery plans, NCNHP's Guide to Federally Listed Endangered and Threatened Species of
North Carolina, and List of the Rare Plant Species of North Carolina. United States Department
of Agriculture - Natural Resources Conservation Service (USDA-NRCS) Web Soil Survey of
' United States Fish and Wildlife Service, Raleigh Field Office. Accessed October 18, 2021. Endangered and Threatened Species
and Species of Concern by County for North Carolina. https://www.fws.gov/raleigh/species/cntylist/cabarrus.html
2 North Carolina Natural Heritage Data Explorer. Accessed October 18, 2021. https://ncnhde.natureserve.org/
3 U.S. Fish and Wildlife Service. 2006. Optimal Survey Windows for North Carolina's Federally Threatened and Endangered Plant
Species. https://www.fws.gov/southeasttpdf/fact-sheettnorth-carolina-optimal-survey-windows-for-at-risk-and-listed-plants.pdf
Accessed October 18, 2021.
4 Buchanan, M.F. and J.T. Finnegan. 2010. Natural Heritage Program List of the Rare Plant Species of North Carolina. NC Natural
Heritage Program, Raleigh, NC. Accessed from https://www.fws.gov/raleigh/species/cntylisttnc_counties.htmi
NORTH CAROLINA - SOUTH CAROLINA
WWW.CWS-INC.NET
Page 1 of 6

2100 Simplicity Road
Protected Species Assessment Report
October 29, 2021
CWS Project No. 2021-0133
Cabarrus County' and aerial imagery were also reviewed for potential habitat of listed species
within the project vicinity (Figures 2 and 3).
Field Survey
CWS scientists Aliisa Harjuniemi, PWS6, and Megan Bollero, WPIT', conducted a pedestrian
habitat assessment of the project area on October 18, 2021. Potential habitats for potentially
occurring federally -protected species that were identified during the desktop review were
assessed in the field for the quality of physical and/or biological features essential to the
conservation of the applicable species. Additionally, during the pedestrian habitat assessment,
areas were reviewed for applicable federally protected species. Identification references for
natural communities include the National Land Cover Database (2011)$.
Results
Based on the NCNHP data explorer review, there are no occurrences of federally protected
species within a one -mile radius of the project limits (Attachment A). The USFWS lists four
federally protected species for Cabarrus County (Table 1). An official species list has not been
obtained from the USFWS Asheville Field Office.
Table 1. Unofficial List of Federally -Protected Species Potentially Occurring within the
2100 Simplicity Road site, Cabarrus County, NC.
Major Group
Scientific Name
Common Name
Federal Status*
Record Status
Plant
Helianthus
Schweinitz's
E
Current
schweinitzii
sunflower
Animal
Lasmigona
Carolina heelsplitter
E
Current
decorata
Animal
Myotis
Northern -long-eared
T
Current
septentrionalis
bat
Animal
Haliaeetus
Bald eagle
BGPA
Current
leucocephalus
* E- Endangered, T - Threatened, BGPA - Bald and Golden Eagle Protection Act
Four terrestrial community types were identified within the project area during the field survey.
These community types consist of deciduous forest, mixed forest, scrub/shrub area, and dirt
road sides (Figure 3). Of the identified on -site community types, the forested areas and dirt
road sides are considered potential habitat for federally threatened or endangered species that
could potentially occur within the project limits. A brief description of each species habitat
requirements and determination of effect findings are listed below by species.
5 United States Department of Agriculture, 2020. Web Soil Survey of Cabarrus County, North Carolina. Accessed
10/18/21. Source: https://websoilsurvey.nres.usda.gov/app/HomePage.htm
6 Professional Wetland Scientist, The Society of Wetland Scientists Professional Certification Program
7 Wetland Professional in Training, The Society of Wetland Scientist Professional Certification Program
8 MLRC. National Land Cover Database, 2011. https://www.mric.gov/nlcdll_leg.php
Page 2 of 6

2100 Simplicity Road
Protected Species Assessment Report
October 29, 2021
CWS Project No. 2021-0133
Schweinitz's sunflower (Helianthus schweinitzit
Habitat Description:
Schweinitz's sunflower is a perennial herb with yellow rays and yellow centers. They
can reach heights of five feet. Populations are limited to the piedmont of North and
South Carolina. It has been listed as an Endangered species under the ESA since
1991.9 The typical habitat for this plant includes roadsides, old pastures, transmission
line right-of-ways, open areas, either natural or human -maintained habitats, or edges of
upland woods. Major characteristics of soils associated with suitable Schweinitz's
sunflower habitat include thin soils, soils on upland interstream flats or gentle slopes,
soils that are clay like in both composition and texture (and often with substantial rock
fragments), soils that have a high shrinkage swell capacity, and those which vary over
the course of the year from very wet to very dry.
Biological Analysis:
A NCNHP data record review revealed that there are no current occurrences for this
species on -site, or within a one -mile radius of the project limits. A desktop review of the
site was conducted on October 18, 2021 and determined that the site contains Enon soil
series associated with Schweinitz's sunflower. However, the majority of these areas
consist of forested and thick scrub/shrub areas, which are not conducive habitats for
Schweinitz's sunflower (Photograph 1). The dirt road sides located throughout the
project limits provide marginal habitat for Schweinitz's sunflower (Photograph 2). The
potential habitat was scrutinized during the habitat assessment on October 18, 2021 and
no individuals of Schweinitz's sunflower or any other Helianthus species were observed.
Due to the lack of observed species, CWS concludes that this project will have no
effect on Schweinitz's sunflower.
Carolina heelsplitter (Lasmigona decorata)
Habitat Description:
The Carolina heelsplitter was historically known from several locations within the
Catawba and Pee Dee River systems in North Carolina and the Pee Dee and Savannah
River systems, and possibly the Saluda River system in South Carolina. In North
Carolina, the species is now known only from a handful of streams in the Pee Dee and
Catawba River systems. The species exists in very low abundances, usually within 6
feet of shorelines, throughout its known range. The general habitat requirements for the
Carolina heelsplitter are shaded areas in large rivers to small streams, often burrowed
into clay banks between the root systems of trees, or in runs along steep banks with
moderate current. Recently, the Carolina heelsplitter has been found in sections of
streams containing bedrock with perpendicular crevices filled with sand and gravel, and
with wide riparian buffers.10
a United States Fish and Wildlife Services. 1991. Endangered and Threatened Wildlife and Plants; Helianthus schweinitzii
(Schweinitz's sunflower) Determined to be Endangered. http://ecos.fws.gov/docs/f`ederal_register/frl852.pdf.
10 NCDOT TE Animal Habitat Descriptions. 2015.
https://con nect. ncdot.gov/resources/Environmental/Compliance%20G u ides%20and%20 Procedu resfTE%2OAni mal %20 Habitat%
20Descri ptions%2OMar_6_2015. pdf
Page 3 of 6

2100 Simplicity Road
Protected Species Assessment Report
October 29, 2021
CWS Project No. 2021-0133
Biological Analysis:
There is one perennial stream located within the southern portion of the project limits
(Photograph 3). This stream flows into Cold Water Creek which has been impaired by
stormwater runoff which has caused high turbidity, making it unsuitable for the Carolina
heelsplitter". Additionally, the NCNHP data record review revealed that there are no
current occurrences for this species within the project limits, or within a one -mile radius
of the project (Attachment A). The site is outside the designated critical habitat for this
species. Therefore, CWS concludes that this project will have no effect on the
Carolina heelsplitter.
Northern long-eared bat (Myotis septentrionalts)
The northern long-eared bat (NLEB) is one of the species of bats most impacted by the
white -nose syndrome disease. Summer habitat (roosting habitat) of the NLEB includes
forests and woodlots containing live trees and/or dead snags greater than three inches
diameter at breast height with cavities or crevices. Winter habitat (hibernacula) of the
NLEB includes caves, mines, rocky areas, or structures that mimic similar conditions
such as culverts greater than 48-inch in diameter.12 The NLEB was listed as Threatened
(T) on April 2, 2015.
The forested areas within the property are potential habitats for the NLEB. No culverts
greater than 48-inch were observed within the study area.
The 2100 Simplicity Road site is within range of the NLEB, 13. However, there are no
known hibernaculum within 0.25 miles from a site and no known occupied maternity
roost within 150 feet.
In accordance with the final 4(d) rule (effective as of February 16, 2016), any incidental
take that may result from associated activities is exempt under the 4(d) rule. Therefore,
the project as proposed is exempt under the 4(d) rule.
Bald eagle (Haliaeetus leucocephalus)
The Bald and Golden Eagle Protection Act,14 enacted in 1940, prohibits anyone without
a permit issued, from "taking" bald eagles, including their parts, nests, or eggs. Habital
for the bald eagle includes cliffs and forested areas typically within 1.0 mile of estuaries,
large lakes, reservoirs, rivers, seacoast, and as they become more abundant, stands of
undisturbed forest. A desktop-GIS assessment of the project study area, as well as, the
area within a 1 mile radius of the project limits, was performed on October 19, 2021
using 2021 color aerials. There are no waters nearby that are considered large enough
and sufficiently open enough to provide potential feeding sources. No nests or
individuals of bald eagle were observed during the pedestrian site assessment on
In
https://fi les. nc.gov/ncdegMater%2OQual ity/Plan ni ng/BPU/BPU/YadkinNad kin%20PIans/2010%20 Plan/6_O3O40105%2ORocky%20
R-2010.pdf
12 United States Fish and Wildlife Service. 2016. 4(d) Rule for the Northern Long -Eared Bat; Final rule.
hftps://www.gpo.gov/fdsys/pkg/FR-2016-01-14/pdf/2016-00617.pdf
13 The U.S. Fish and Wildlife Service (USFWS) 2016. https://www.fws.gov/midwest/endangered/mammals/nieb/pdfNVNSZone.pdf
14 https://www.fws.gov/midwest/MidwestBird/eaglepermits/bagepa.html
Page 4 of 6

2100 Simplicity Road
Protected Species Assessment Report
October 29, 2021
CWS Project No. 2021-0133
October 18, 201. Additionally, a review of the NCNHP database on October 19, 2021
revealed no known occurrences of this species within 1.0 mile of the project study area.
Due to the lack of observed nests and known occurrences, CWS concludes that this
project will have no effect on this species.
Summary
Based on the literature search and the results of the on -site assessment for suitable habitat of
federally -protected endangered, and threatened species, suitable habitat was not observed
within the project limits for bald eagle or Carolina heelsplitter. Marginal habitats were observed
for Schweinitz's sunflower, however, no individuals of these species were observed on site.
CWS has concluded that activities within the project area will not directly or indirectly jeopardize
the continued existence of Schweinitz's sunflower, Carolina Heelsplitter, and bald eagle.
Based on the project area location, no tree removal activities will occur within a 150-foot radius
of a known, occupied NLEB maternity roost from June 1-July 31 and no trees will be removed
within 0.25 miles of a known hibernaculum at any time of year.
Biological determinations requirements for federally protected species are summarized in Table
2.
Table 2. Bioloaical Determination Reauirements Summary Table for Federally Protected Species
Scientific Name
Common Name
Federal Status*
Effect on
Listed Species
Helianthus schweinitzii
Schweinitz's sunflower
E
No Effect
Lasmigona decorata
Carolina heelsplitter
E
No Effect
Myotis septentrionalis
Northern -long-eared bat
T
Exempt
Haliaeetus leucocephalus
Bald eagle
BGPA
No Effect
* E- Endangered, T - Threatened, BGPA - Bald and Golden Eagle Protection Act
A biological assessment was not conducted for this project. All biological determinations of
effect represent the best professional opinion of CWS and are not official determinations of
effect. It is the responsibility of the lead federal agency to render an official determination of
effect. Should the lead federal agency agree with CWS's initial findings of no effect, then no
USFWS consultation is required to comply with Section 7 of the Endangered Species Act.
Should the lead federal agency's determination of effect differ from the findings of CWS, formal
or informal consultation with USFWS may be required.
Page 5 of 6

2100 Simplicity Road
Protected Species Assessment Report
October 29, 2021
CWS Project No. 2021-0133
Thank you for the opportunity to provide these services on this important project. Please do not
hesitate to contact Aliisa Harjuniemi at 980-259-1222 or [e-mail] should you have
any questions or comments regarding this report.
Sincerely,
Megan Bollero, WPIT
Project Scientist
Aliisa Harjuniemi, PWS
Senior Project Manager
Attachments: Figure 1: USGS Topographic Map
Figure 2: USDA-NRCS Web Soil Map of Cabarrus County
Figure 3: Aerial Map
Attachment A: NCNHP Data Review Report
Attachment B: Representative Photographs (1-3)
Page 6 of 6

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2,000 1,000 0 2,000 Feet
REFERENCE: USGS 7.5 MINUTE TOPOGRAPHIC QUADRANGLE(S): CONCORD SE, NC (2018).
5
SCALE: DATE: FIGURE NO.
1 inch = 2,000 feet 10/28/2021 USGS Topographic Map
CWS PROJECT NO: DRAWN BY:
2021-0133 AVH 2100 Simplicity Road
COORDINATES: CHECKED BY: GAR ❑ L I N A Cabarrus County
35.335875,-80.540415 GCA WETL•AN❑ sERV10Es Concord, North Carolina
G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0133 2100 Simplicity Road\JD\ArcGIS\Figure2_USGS.mxd

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REFERENCE: USDA-NRCS WEB SOIL SURVEY OF CABARRUS COUNTY, NC, DATED 2020.
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SCALE: DATE: USDA-NRCS Web Soil Survey FIGURE NO.
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CWS PROJECT NO: DRAWN BY: of Cabarrus County
-2
2021-0133 MLB 2100 Simplicity Road
COORDINATES: CHECKED BY: C A R O L I N A Cabarrus County
35.335875,-80.540415 AVH WETLAND 5ERV10ES Concord, North Carolina
G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0133 2100 Simplicity Road\JD\ArcGIS\Figure4_CurrentSoils.mxd

G:\Shared drives\Consulting Team Drive\2021\2021 Consulting Projects\2021-0133 2100 Simplicity Road\PETS\ArcGIS\Figure3_Aerial.mxd

2100 Simplicity Road
Attachments
October 29, 2021
CWS Project No. 2021-0133
Attachment A:
NCNHP

Roy Cooper, Governor
■A�• NC DEPARTMENT OF
■■ on NATURAL AND CULTURAL RESOURCES
■ ■Z■
October 19, 2021
Megan Bollero
Carolina Wetland Services
550 East Westinghouse Blvd
Charlotte, NC 28273
RE: 2100 Simplicity Road
Dear Megan Bollero:
D. Reid Wilson, Secretary
Misty Buchanan
Deputy director, Natural Heritage Program
NCN H D E-16079
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database, based on the project area mapped with your request, indicates
that there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary, or within a one -mile radius of
the project boundary.
Please note that although there may be no documentation of natural heritage elements within or
near the project boundary, it does not imply or confirm their absence; the area may not have been
surveyed. The results of this query should not be substituted for field surveys where suitable habitat
exists. In the event that rare species are found within the project area, please contact the NCNHP so
that we may update our records.
Please also note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may also not be redistributed without
permission.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler(a)ncdcr.aov or 919.707.8603.
Sincerely,
NC Natural Heritage Program
DLPAR If-1LN 1 uF �14ATURAL AND CULTURAL RESOURCES
Q 121 W JON[S STREET. RALEIGH. NC 27603 • 1651 MAIL SERVICE CENTER. RALEIGH. NC 27699
P OFC. 919.707.9120 • FAX [phone]

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2100 Simplicity Road
Attachments
October 29, 2021
CWS Project No. 2021-0133
Attachment B:
Photopage (Photographs 1-3)

2100 Simplicity Road
Attachment B: Photopage
October 29, 2021
CWS Project No. 2021-0133
Photograph 1. View of unsuitable habitat for Schweinitz's sunflower, facing southwest.
Photograph 2. View of marginal habitat for Schweinitz's sunflower, facing northeast.
Photopage 1 of 2

2100 Simplicity Road
Attachment B: Photopage
October 29, 2021
CWS Project No. 2021-0133
Photograph 3. View of unsuitable habitat for Carolina heelsplitter, facing east.
Photopage 2 of 2

2100 Simplicity Road
Attachments
December 1, 2021
CWS Project No. 2021-0133
ATTACHMENT H:
SHPO Map

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10/19/2021, 2:12:59 PM
1:18,056
- SimplicityPL
DOE districts & boundaries
• SL and DOE. Gone
0 0-15 0-3 0-6 mi
..: Local districts & boundaries
Determined Eligible Boundary
* SLHO Center Point
Local individual resources & centefpoints
Both DOE and Study List Boundary
SLDOEHD Center Point
0 0.28 0.55 1.1 km
Local Landmark
DOE individual resources & centerpoints
NR districts & boundaries
Local Landmark, Gone
• Determined Eligible
National Register Boundary
* Local HD Center Point
• DOE, Gone
Surveyed Only individual resources & centerpoints SL and DOE
' Surveyed Only
' SL and DOE, Gone
Surveyed in NRHD
* DOEHD Center Point
' Surveyed Only, Gone
* SLDOEHD Center Point
' Surveyed in NRHD, Gone
SL districts & boundaries
+ Blockface- Multiple properties
Study List Boundary
- Blockface in NRHD
Both SL and Determined Eligible Boundary
County of Cabarrus. Stale of North Carolina DOT, Esd, HERE,
` Surveyed Area, No designation
SL individual resources & centerpoints
Garmin, INCREMENT P, NGA, USGS
Surveyed Area in NHRD
0 SL Individual Entry
• SL and DOE entry
• Study List Entry, Gone
North Carolina State Historic Preservation Office
County of Cabarrus, State of North Carolina DOT, Esd, HERE, Garmin, INCREMENT P, NGA, USGS
I Participating NO Counties, NCCGIA, NO OneMap, US EPA j Esri, HERE I