20200918 Ver 1_401 Application_20200715

DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
April 11, 2020 Ver 3.1
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
G Yes r No
Change only if needed.
BIMS # Assigned
20200918
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office *
Nboresville Regional Office - [phone]
Information for Initial Review
1a. Name of project:
Glen Afton Shops
1a. Who is the Primary Contact?*
Heath Caldwell
1b. Primary Contact Email:*
heathcaldvvell@,Aetlands-epg.com
Date Submitted
7/15/2020
Nearest Body of Water
Afton Run
Basin
Yadkin-PeeDee
Water Classification
C
Site Coordinates
Latitude:
35.42325
A. Processing Information
County (or Counties) where the project is located:
Cabarrus
Is this a NCDMS Project
r Yes r No
Longitude:
-80.67571
Is this project a public transportation project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
W Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Version#*
1
What amout is owed?*
IT $240.00
r $570.00
Select Project Reviewer*
Alan Johnson:eads\adjohnson1
1c. Primary Contact Phone:*
[phone]
1b. What type(s) of permit(s) do you wish to seek authorization?

W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual Permit
39 - Commercial/Institutional Developments
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
F- 401 Water Quality Certification - E)press
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
R Owner r Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
M&L Development, LLC
2b. Deed book and page no.:
13346-45,13316-144
2c. Responsible party:
Richard Meeks
2d.Address
Street Address
3313 S Main St
Address Line 2
Ste 100
city
Kannapolis
Postal / Zip Code
28081
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
State / F rovince / Fbgion
NC
Country
USA
2f. Fax Number:
r Yes r No
r Yes r No

4. Agent/Consultant (if applicable)
4a. Name:
Heath Caldwell
4b. Business Name:
Wetlands & Environmental Planning Group
4c.Address
Street Address
10612-D Providence Rd, PMB 550
Address tine 2
aty
Charlotte
Postal / Zip Code
28277
4d. Telephone Number:
[phone]
4f. Email Address:*
d a n ie I. kuefle [e-mail] m
Agent Authorization Letter*
Agent Auth _duplicate.pdf
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(d appropriate)
1c. Nearest municipality/ town:
Kannapolis
F_
2. Project Identification
2a. Property Identification Number:
56010362330000,56010371750000
2c. Project Address
Street Address
630 Kannapolis Parkway, by the intersection of Kannapolis Parkway and Glen Afton Blvd
Address Line 2
Qy
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Afton Run
3b. Water Resources Classification of nearest receiving water:*
C
3c. What river basin(s) is your project located in?*
Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located.
030401050105
4. Project Description and History
State / Province / Region
NC
Qwntry
USA
4e. Fax Number:
2b. Property size:
3.4
State / Rovirice / tegion
Country
87.03KB
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
Site is an open, abandoned lawn and field with a disturbed semi -wooded drainage. Land use in vicinity is a mixture of residential & commercial developments.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
F Yes G No F Unknown
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
USGS_duplicate.pdf 478.9KB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)

Soils_duplicate.pdf 757.74KB
4f. List the total estimated acreage of all existing wetlands on the property:
0
4g. List the total estimated linear feet of all existing streams on the property:
482
4h. Explain the purpose of the proposed project:*
Project consists of fill, grading and BMP for a commercial development.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
Fill and grading of the site will use standard equipment- excavator, dump truck, track hoe, etc.
4j. Please upload project drawings for the proposed project
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No f Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown f N/A
Corps AID Number:
SAW-2019-00103
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Nic Nelson
Agency/Consultant Company: WEPG
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
A PJD was submitted and the site was field verified by David Schaffer on 11/8/19. See JD section for more details and updates.
5d1. Jurisdictional determination upload
Delineation _duplicate.pdf 480.25KB
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No.
D. Proposed Impacts Inventory
1. Impacts Summary
Ia. Where are the impacts associated with your project? (check all that apply):
r Wetlands W Streams -tributaries I— Buffers
r Open Waters r Pond Construction
3. Stream Impacts
3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type * 3f. Type of 3g. S. width * �3h. Impact
(?) Jurisdiction* length*
Site grading Permanent Fill Stream A ::]tt�::]Corps 2 45
1 9 9Average (feet) (lines feet)
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts: 3i. Total temporary stream impacts:
45 0
31. Total stream and ditch impacts:
45

3j. Comments:
35 LF disturbance for slope tie-in, 10 LF disturbance for rip rap apron. Rip rap Will be installed at preconstruction streambed elevation.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts associated with the proposed development were limited through site selection, location, design, and location/orientation of the proposed
lots and access routes. Shown on the attached exhibits, the buildings are placed on the Kannapolis Parkway side of the entry drive for the gravity
access to sewer. Also, placing the buildings on the opposite side of the entry drive would require more fill and more stream impacts.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction techniques will implement approved erosion control methods to avoid/minimize to onsite/adjacent offsite receiving conveyances. This
includes using 2:1 slopes instead of 3:1 to avoid impacting Stream C-1 and reduce impacts on Stream A-1 by 32 LF. Slopes are used instead of a
retaining wall due to phasing of the project and pedestrian/vehicular safety and liability after construction is complete.
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?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
If no, explain why:
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?
r Yes r No
r N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
W Local Government F' State
Local Government Stormwater Programs
W Phase II r NSW r USMP r Water Supply
Please identify which local government stormwater program you are using.
Kannapolis
Comments:
Storn inter on site Will be handled by the facilities shown on the attached plans. The stormwaterplan has not yet been submitted to the City of Kannapolis but has been designed to
meet their criteria.
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
r Yes r No

3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated
at a treatment plant, list the capacity available at that plant.
Wastewater generated on the site will be transported to the nearest treatment facility via sewer lines.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5d. Is another Federal agency involved?*
r Yes r No r Unknown
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
Please refer to the attached T&E report.
Consultation Documentation Upload
T&E duplicate.pdf 288.75KB
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
No essential fish habitat in this region.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
SHPO's website: http://gis.ncdnr.gov/hpoveb/
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
wAw.fema.gov
Miscellaneous

Comments
A compiled PCN packet is attached, including ORM, cover letter, authorizations, forms, photos and supplementary information.
Miscellaneous attachments not previously requested.
Glen Afton PCN 071520 Compiled.pdf 9.96MB
Signature
® By checking the box and signing below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Heath Caldwell
Signature
`9/IY?a 6fl �
Date
7/15/2020

Shops
Cabarrus County, NC
USGS Location Map
Kannapolis NC - Quadrangle 1993
Subject to USACE/NCDEQ verification
FIGURE
12/14/18
Prepared for: Acres:
~ 3.442
M & L Property
Development, LLC
313 S Main St., Suite 100
Kannapolis, NC 28081
Afton Run
LOCATION
Lat: 35.42325 ºN
Long: -80.67571 ºW
HUC: 03040105 (Rocky)
Approximate Project Boundary
Study Limits
(+/- 3.442 acres)
Coddle Creek
PUBLISHED SOIL MAP
Published NRCS Soils Map
(Cabarrus County, Sheet 1)
Subject to USACE verification
FIGURE 6
12/14/18
Prepared for: Acres:
~ 3.442

Project Boundary
Limits of Study
United States Department of Agriculture, Natural
Resources Conservation Service. 1988.
Soil survey Cabarrus County, North Carolina. Sheet 1
M & L Property
Development, LLC
313 S Main St., Suite 100
Kannapolis, NC 28081
Approximate Project Boundary
Study Limits
(+/- 3.442 acres)
Intermittent stream A
( L)
Kannapolis
Parkway
Culvert
Glen Afton
Blvd
LOCATION
Lat: 35.42325 ºN
Long: -80.67571 ºW
HUC: 03040105 (Rocky)
Approximate Map Intermittent stream C
(L)
Intermittent stream B
( L)
Intermittent
stream H
()
10
Upland
Data Form 7
(DP3) 8
9
6
1, 2
5
3
Quebec
Court 4
Stream
Data Form
(DP1) Stream
Data Form
(DP2)
Intermittent stream G
L)
Perennial Stream F
( L)
Kannapolis SCALE
Parkway 060120
LEGEND
Revised based on 02/06/19 USACE Tributary
site visit Wetland
# Photo location and direction
Site Verified by NCDEQ on 11/16/17 Project boundary study limits
Acres: Kannapolis Shops 2 Prepared for:
FIGURE
+/- 3.442 Cabarrus County, NC
M & L Property
1 12/14/18
Revised
02/07/19
Approximate Wetland Delineation Map
Approximate Location
Subject to USACE/NCDEQ verification
Development, LLC
313 S Main St., Suite 100
Kannapolis, NC 28081

Threatened / Endangered / Protected Species
Evaluation
For: Kannapolis Shops
Cabarrus County, North Carolina
By: Lisa R. Gaffney
January 26, 2020
Kannapolis Shops - Threatened / Endangered / Protected Species Evaluation
2
GENERAL LANDSCAPE DESCRIPTION:
The Kannapolis Shops site (+/- 3.442 acres) is located just east of Kannapolis
Parkway, just north of Quebec Court, and just west of I-85 in Cabarrus County,
North Carolina. It can be found on the Kannapolis NC USGS Topographic
Quadrangle Map; latitude is 35.42325 N, longitude is 80.67571 W. The
topography is gently to moderately sloped with the elevation ranging from 640 to
670 ft. (Figure 1). The site is an open, abandoned lawn and field, with a
disturbed semi-wooded drainage. There is a sanitary sewer line right of way
traversing the site. There is roadside frontage along Kannapolis Parkway and an
overhead power line right of way parallels the road corridor.

Figure 1:
Kannapolis Shops - Threatened / Endangered / Protected Species Evaluation
3
METHODOLOGY:

The US Fish and Wildlife Service website
https://www.fws.gov/raleigh/species/cntylist/cabarrus.html was referenced to
determine the occurrence of Threatened, Endangered and Protected species for
Cabarrus County North Carolina, the results of which are listed below (Table 1).
Maps and aerial photographs were assembled, and the site was investigated on
January 7, 2020
Table 1: Threatened / Endangered / Protected Species listed for
Cabarrus County
County: Cabarrus, NC
*Source: US Fish & Wildlife Service
**Data search on January 7, 2020

Group

Name
Federal
Status

Record Status
Vascular
Plants
Schweinitz's sunflower (Helianthus
schweinitzii)
Endangered Current
Vertebrate Northern Long-Eared Bat (Myotis
septentrionalis)
Threatened Probable/Potential
Vertebrate Bald Eagle (Haliaeetus leucocephalus) Protected Current
Invertebrate Carolina Heelsplitter (Lasmigona decorata) Endangered Historic
Kannapolis Shops - Threatened / Endangered / Protected Species Evaluation
4
PROTECTED SPECIES DESCRIPTIONS:

One plant species with federal protection is listed as potentially occurring in
Cabarrus County:

Schweinitz’s Sunflower (Helianthus schweinitzii), listed as Federally
Endangered, is typically found in open habitats which historically have
been maintained by wildfires and grazing bison and elk herds. Now most
occurrences are limited to roadsides, woodland and field edges, and
utility rights-of-way (ROW).
Three animal species with federal protection are listed as potentially occurring in
Cabarrus County:
Bald Eagle (Haliaeetus leucocephalus), protected by the Bald and
Golden Eagle Protection Act, typically inhabits forested areas near large
bodies of open water such as lakes, marshes, seacoasts and rivers,
where there are suitable fish populations and tall trees for nesting and
roosting.
Carolina Heelsplitter (Lasmigona decorata), listed as Federally
Endangered, is restricted to cool, clean, well-oxygenated water. Stable,
silt- free stream beds are required for this species. Typically stable areas
occur where the stream banks are well-vegetated with trees and shrubs.
Northern Long-eared Bat (Myotis septentrionalis), listed as Federally
Threatened. During summer, northern long-eared bats roost singly or in
colonies underneath bark, in cavities, or in crevices of both live and dead
trees. Males and non-reproductive females may also roost in cooler
places, like caves and mines. It has also been found, rarely, roosting in
structures like barns and sheds. Northern long-eared bats spend winter
hibernating in caves and mines, called hibernacula.
Kannapolis Shops - Threatened / Endangered / Protected Species Evaluation
5
RESULTS:
The site is an open, abandoned lawn and field, with a disturbed semi-wooded
drainage. There is a sanitary sewer line right of way traversing the site. There is
roadside frontage along Kannapolis Parkway and an overhead power line right of
way parallels the road corridor.

Edges of the site along Kannapolis Parkway and Quebec court have been more
recently disturbed by road construction and graded and disturbed areas are
dominated by Sericea Lespedeza (Lespedeza cuneata) which is commonly
planted for soil stabilization. The abandoned open field is dominated by
overgrown, mixed Fescue (Festuca sp.) turf grass, along with Blackberry (Rubus
sp.), Japanese Honeysuckle (Lonicera japonica), Johnson Grass (Sorghum
halepense), Broomsedge (Andropogon virginianum), Goldenrod (Solidago spp.),
and Foxtail (Setaria sp.).

Some areas are more overgrown with small saplings of Red Cedar (Juniperus
virginiana), Virginia Pine (Pinus virginiana), Shortleaf Pine (P. echinata), Winged
Elm (Ulmus alata), and Black Cherry (Prunus serotina). Invasive shrub species
present include Russian Olive (Elaeagnus umbellata) and Chinese Privet
(Ligustrum sinense).

The wooded drainage has scattered mature trees of Willow Oak (Q. phellos),
Sweetgum (Liquidambar styraciflua), Cottonwood (Populus deltoides), and Tulip
Poplar (Liriodendron tulipifera). Also present are Red Maple (Acer rubrum),
Redbud (Cercis canadensis), Ironwood (Carpinus caroliniana), and American
Holly (Ilex opaca). The shrub layer is dominated by Autumn Olive (Elaeagnus
umbellata) and Chinese Privet (Ligustrum sinense).

Threatened / Endangered / Protected Species Results
The potential habitat for Schweinitz’s Sunflower along the roadside,
transitional areas and woods edges were examined. There was no
suitable habitat for this species, and it was not present.
No habitat exists on the site for Bald Eagles, and there were no sightings
nor were any nesting sites observed.
There is no suitable habitat on site to support Carolina Heelsplitter. No
mussels were observed during the survey nor would any be expected on-
site
Comparing this site location to the USFWS Asheville office’s website
(http://www.fws.gov/asheville/htmls/project_review/NLEB_in_WNC.html) it
appears that the site meets the “exempt” criteria which requires no further
Kannapolis Shops - Threatened / Endangered / Protected Species Evaluation
6
action under section 7 of the Endangered Species Act for the northern
long eared bat.
RECOMMENDATIONS:

Based on the site investigation and the review of available data, WEPG did not
identify any protected species occurring on the subject property. No further
investigation of the presence of protected species on this site is recommended at
this time.
Respectfully submitted,
Lisa R. Gaffney, Biologist
January 26, 2020
Kannapolis Shops - Threatened / Endangered / Protected Species Evaluation
7
Curriculum Vitae for:
Lisa R. Gaffney
Biologist / Botanist
B.S. Biology, University of North Carolina at Charlotte
Ms. Gaffney is a classically trained botanist and natural resource biologist, and has
conducted field work and investigative studies covering thousands of cumulative acres in
both North and South Carolina since 1996, including:

Cabarrus County NC Natural Heritage Inventory 1997-1998. Organized,
directed, and worked in field survey of natural areas in Cabarrus County for the
North Carolina Natural Heritage Program.

Lincoln County NC Natural Heritage Inventory 2000-2001. Organized, directed,
and worked in field survey of natural areas in Lincoln County for the North
Carolina Natural Heritage Program.

Threatened and Endangered Species Surveys and Natural Communities
Evaluation for over 50,000 acres in North and South Carolina, 1996 - present.

Located and identified at least six previously unreported populations of Federally
Endangered Schweinitz's Sunflower (Helianthus schweinitzii).

Located and identified four previously unreported populations of
Threatened Dwarf Heartleaf (Hexastylis naniflora).
Located a previously unknown population of Federally Endangered Schweinitz's
Sunflower at Redlair Farm in Gaston County, NC. This discovery led (in part) to
the purchase of the site by the State of North Carolina Plant Conservation
Program, now called Redlair Preserve. This population has become a Recovery
Site for the species.

Participated in numerous Piedmont Prairie restoration projects in Mecklenburg,
Union, Cabarrus and Gaston Counties, North Carolina.