20200918 Ver 1_USACE Submittal PCN 071520_ Compiled_20200715

Preliminary ORM Data Entry Fields for New Actions
SAW – 201 - 00103 BEGIN DATE [Received Date]:
Prepare file folder
1.Project Name [PCN Form A2a]:
2. Work Type: Private
Assign Action ID Number in ORM

Institutional Government Commercial
Project Description / Purpose [PCN Form B3d and B3e]:
Proposed development along .
Property Owner / Applicant [PCN Form A3 or A4]: Rick Meeks, M & L Property Development, LLC
5.Agent / Consultant [PCN Form A5 – or ORM Consultant ID Number]:
6.Related Action ID Number(s) [PCN Form B5b]:
Len Rindner, WEPG, PLLC
7.Project Location - Coordinates, Street Address, and/or Location Description [PCN Form B1b]:
35.42325, -80.67571, by the intersection of Kannapolis Parkway and Glen Afton Blvd
630 Kannapolis Parkway
8.Project Location - Tax Parcel ID [PCN Form B1a]: 56010362330000, 56010371750000
9.Project Location – County [PCN Form A2b]: Cabarrus
10.Project Location – Nearest Municipality or Town [PCN Form A2c]: Kannapolis
11.Project Information – Nearest Waterbody [PCN Form B2a]:
12.Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]:
Afton Run
Rocky/ 03040105
Authorization: Section 10 Section 404 Section 10 & 404
Regulatory Action Type:
Standard Permit
Nationwide Permit # 39
Regional General Permit #
Jurisdictional Determination Request
Pre-Application Request
Unauthorized Activity
Compliance
No Permit Required
Revised 20150602
俶䢢
俶䢢
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1
July 14, 2020
Mr. Bryan Roden-Reynolds
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Asheville, NC 28801-5006
Mr. Alan Johnson
NCDEQ
Division of Water Resources
610 East Center Street, Suite 301, Moorseville, NC 28115
Mr. Paul Wojoski
NCDEQ
Division of Water Resources
Wetlands & Storm Water Branch
512 North Salisbury Street, Raleigh, NC 27604
Mr. Byron Hamstead
U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street, Asheville, NC 28801
Subject: Pre-Construction Notification for NWP 39 for the 3.442-acre Glen Afton Shops
site, in Concord, Cabarrus County, North Carolina.
Messrs. Roden-Reynolds, Johnson, Wojoski and Hamstead,
Enclosed is a Request for Nationwide Permit #39 for the ~3.442-acre Glen Afton Shops site
located at 630 Kannapolis Parkway and 5840 Quebec Ct, Concord, NC 28027. The site is a
proposed commercial retail development and consists of six streams totaling approximately
482 linear feet. A Preliminary Determination was issued for the site by Ms. Catherine
Janiczak on April 23, 2019. Please refer to the Jurisdictional Determination section for
updated information on onsite surface waters.
As shown on the attached exhibits, the proposed project will include impacts to one stream
for site work, grading and drainage, utility infrastructure for two commercial buildings to be
built adjacent to Kannapolis Parkway. Overall impacts to site surface waters associated with
the proposed development were limited through site selection location, design,
location/orientation of the proposed lots and access routes. It was not possible to minimize
impacts further due to site layout requirements. The centralized location of the stream and the
resulting fill required to achieve a buildable grade/required parking space necessitated the
proposed, limited impacts to site surface waters. The total permanent stream impacts include
2
45 linear feet of fill to Stream A.
Efforts of impact minimization were implemented during the design to preserve the existing
hydrology and limit adverse effects to existing, onsite natural habitat. 2:1 slopes were
implemented in efforts to reduce the length of stream impacts due to fill. Additionally, due to
safety and liability purposes, grading of the slopes was preferred over retaining walls as the
resulting height of the wall would approach 20 feet and be proximate to the pedestrian and
parking areas. Please refer to the exhibits for additional details on design modifications
associated with proposed avoidance and minimization efforts.
Also enclosed is a copy of our Threatened/Endangered Species Evaluation for the site. No
listed species were identified within the project area and we believe that there will be no
effect on listed species, or their critical habitat as designated under Section 7 of the
Endangered Species Act. Please refer to the Threatened and Endangered Species Evaluation
Section for additional details on the terrestrial species evaluation. Thank you for your
consideration and please contact me if you have any questions, [phone] or email at
[e-mail].
Sincerely,
Heath Caldwell, PWS Leonard S. Rindner, PWS
Environmental Scientist Principal
Permit Application Permit Application
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the Corps: Section 404 Permit Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? Yes No
1d. Type(s) of approval sought from the DWQ (check all that apply):
401 Water Quality Certification – Regular Non-404 Jurisdictional General Permit
401 Water Quality Certification – Express Riparian Buffer Authorization
1e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
Yes No
For the record only for Corps Permit:
Yes No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in-lieu fee program.
Yes No
1g. Is the project located in any of NC’s twenty coastal counties. If yes, answer 1h
below. Yes No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No
2. Project Information
2a. Name of project:
2b. County: Cabarrus
2c. Nearest municipality / town: Kannapolis
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state project no:
3. Owner Information
3a. Name(s) on Recorded Deed: M & L Property Developement, LLC
3b. Deed Book and Page No. Book 13346, Page 45; Book 13316, Page 144
3c. Responsible Party (for LLC if
applicable):
Richard Meeks
3d. Street address: 313 S Main St., Suite 100
3e. City, state, zip: Kannapolia, NC 28081
3f. Telephone no.: 794-796-8125
3g. Fax no.:
3h. Email address: [e-mail]
Page 1 of 10
PCN Form – Version 1.4 January 2009

Office Use Only:
Corps action ID no.
DWQ project no.
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:
5b. Business name
(if applicable):
Wetland & Environmental Planning Group
5c. Street address: 10612-D Providence Road, PMB 5 0
5d. City, state, zip: Charelotte, NC 28277
5e. Telephone no.: 704-904-2277
5f. Fax no.:
5g. Email address: @wetlands-epg.com
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 56010362330000, 56010371750000
1b. Site coordinates (in decimal degrees): Latitude: 35.42325 Longitude: -80.67571
1c. Property size: 3.442 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project: Afton Run
2b. Water Quality Classification of nearest receiving water: C
2c. River basin: Rocky/03040105
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:
3b. List the total estimated acreage of all existing wetlands on the property: NA
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
3d. Explain the purpose of the proposed project:
ommercial development
3e. Describe the overall project in detail, including the type of equipment to be used:
Fill and grading of the site will use standard equipment- excavator, dump truck, track how, etc.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
Yes No Unknown
Comments:
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): Nic Nelson
Agency/Consultant Company: WEPG
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
SAW-2019-00103
A PJD was submitted and the site was field verified by David Schaffer on 11/8/19. See JD section for more detail.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? Yes No Unknown
5b. If yes, explain in detail according to “help file” instructions.
6. Future Project Plans
6a. Is this a phased project? Yes No
6b. If yes, explain.
Page 3 of 10
PCN Form – Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
Wetlands Streams – tributaries Buffers Open Waters Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary (T)
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 -Choose one Choose one Yes/No -
W2 -Choose one Choose one Yes/No -
W3 -Choose one Choose one Yes/No -
W4 -Choose one Choose one Yes/No -
W5 -Choose one Choose one Yes/No -
W6 -Choose one Choose one Yes/No -
2g. Total Wetland Impacts:
2h. Comments:
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.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P Stream A-1 INT Corps 2 45
S2 - Choose one - -
S3 - Choose one - -
S4 - Choose one - -
S5 - Choose one - -
S6 - Choose one - -
3h. Total stream and tributary impacts
3i. Comments:
35 LF disturbance for slope tie-in, 10 LF disturbance for rip rap apron
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 individually 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)
O1 - Choose one Choose
O2 - Choose one Choose
O3 - Choose one Choose
O4 - Choose one Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then 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.
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?
Yes No
2b. If yes, mitigation is required by (check all that apply): DWQ Corps

2c. If yes, which mitigation option will be used for this
project?
Mitigation bank
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. Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature:Choose one
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 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
buffer mitigation? Yes No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(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
within one of the NC Riparian Buffer Protection Rules?
Yes No
1b. 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? 35.8 %
2b. Does this project require a Stormwater Management Plan? Yes No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
Stormwater
2e. Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. In which local government’s jurisdiction is this project? Kannapolis
3b. Which of the following locally-implemented stormwater management programs
apply (check all that apply):
Phase II
NSW
USMP
Water Supply Watershed
Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
attached?
Yes No
4. DWQ Stormwater Program Review
4a. Which of the following state-implemented stormwater management programs apply
(check all that apply):
Coastal counties
HQW
ORW
Session Law 2006-246
Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
Yes No
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)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the
use of public (federal/state) land?

Yes

No
1b. 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
(North Carolina) Environmental Policy Act (NEPA/SEPA)?

Yes

No
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
letter.)
Comments:

Yes

No
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,
or Riparian Buffer Rules (15A NCAC 2B .0200)?

Yes

No
2b. Is this an after-the-fact permit application? Yes No
2c. If you answered “yes” to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
additional development, which could impact nearby downstream water quality?

Yes

No
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.
No additional phases are proposed at this time.
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 generated on the site will be transported to the nearest treatment facility via sewer lines.
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
habitat? Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts? Yes No
5c. If yes, indicate the USFWS Field Office you have contacted. -
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical

6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? Yes No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
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 (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
Yes 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/hpoweb/
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? Yes No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
Applicant/Agent's Printed Name Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant is provided.)
Date
Page 10 of 10

Maps/Plans Maps/Plans
Vicinity Map
VICINITY MAP
Approximate Location
Subject to USACE/NCDEQ verification
FIGURE

LOCATION
Lat: 35.42325 ºN
Long: -80.67571 ºW
HUC: 03040105 (Rocky)
Shops
Cabarrus County, NC
12/14/18
Prepared for:
M & L Property
Development, LLC
313 S Main St., Suite 100
Kannapolis, NC 28081
Acres:
+/- 3.442
Approximate Project
Boundary Study Limits
(+/- 3.442 acres)
Quebec
Court
To Charlotte
SITE
630 Kannapolis
Pkwy, Concord, NC
5840 Quebec Ct,
Concord, NC
Aerial Location Map
AERIAL LOCATION MAP
Approximate Location
Subject to USACE/NCDEQ verification
FIGURE

LOCATION
Lat: 35.42325 ºN
Long: -80.67571 ºW
HUC: 03040105 (Rocky)
Shops
Cabarrus County, NC
12/14/18
Prepared for:
M & L Property
Development, LLC
313 S Main St., Suite 100
Kannapolis, NC 28081
Acres:
+/- 3.442
Approximate Project
Boundary Study Limits
(+/- 3.442 acres)
Quebec
Court
Kannapolis
Parkway
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
FIGURE
Project Boundary
Limits of Study
(+/- 3.442)
Shops
Cabarrus County, NC
NRCS SOILS MAP
Web Soil Survey
Subject to USACE verification
Date:
12/14/18
Prepared for:
Acres:
+/- 3.442
M & L Property Development, LLC
313 S Main St., Suite 100
Kannapolis, NC 28081
Drawn by: Reviewed by:
PJK LSR
Shops
Cabarrus County, NC
NRCS SOILS MAP
Web Soil Survey
Subject to USACE verification
FIGURE 5
12/14/18
Prepared for:
Acres:
+/- 3.442
Project Boundary
Study Limits
Drawn by: Reviewed by:
PJK LSR
M & L Property Development, LLC
313 S Main St., Suite 100
Kannapolis, NC 28081
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
NATIONAL WETLANDS INVENTORY MAP SHOPS Cabarrus County, NC For study purposes only Subject to USACE/NCDEQ verification FIGURE 7 12/14/18 Prepared for: M & L Property Development, LLC 313 S Main St., Suite 100 Kannapolis, NC 28081 Project Boundary Study Limits+/- 3.442 acres Drawn by: Reviewed by: PJK LSR LOCATION Lat: 35.42325 ºN Long: -80.67571 ºW HUC: 03040105 (Rocky)
TAX PARCEL MAP
TAX PARCEL MAP
https:// gis.cabarruscounty.us/mycabarrusgis
Subject to USACE/NCDEQ verification
FIGURE
8
ops
Cabarrus County, NC
01/14/19
Prepared for:
M & L Property
Development, LLC
313 S Main St., Suite 100
Kannapolis, NC 28081
Acres:
+/- 3.442
PIN 56010362330000
PIN 56010371750000
STREAM IMPACTSEXISTING CONDITIONSBluewater Civil Design, LLC718 Lowndes Hill RoadGreenville, SC [e-mail]: 7/13/20northGLEN AFTON SHOPSscale: 1" = 60'S-1VICINITY MAPGLEN AFTON BLVDKAN
N
A
P
OLIS P
K
W
YSPORTSMAN DRWABASH LNI-85SITEGLEN AFTONBLVDFigure 9
STREAM IMPACTSOVERALL SITE PLANBluewater Civil Design, LLC718 Lowndes Hill RoadGreenville, SC [e-mail]: 7/13/20northscale: 1" = 60'S-2VICINITY MAPGLEN AFTON BLVDKAN
N
A
P
OLIS P
K
W
YSPORTSMAN DRWABASH LNI-85SITEGLEN AFTONBLVDGLEN AFTON SHOPSFigure 10
STREAM IMPACTSOVERALL GRADING PLANBluewater Civil Design, LLC718 Lowndes Hill RoadGreenville, SC [e-mail]: 7/13/20northscale: 1" = 60'S-3VICINITY MAPGLEN AFTON BLVDKAN
N
A
P
OLIS P
K
W
YSPORTSMAN DRWABASH LNI-85SITEGLEN AFTONBLVDGLEN AFTON SHOPSFigure 11
STREAM IMPACTPLANBluewater Civil Design, LLC718 Lowndes Hill RoadGreenville, SC [e-mail]: 7/13/20northscale: 1" = 20'S-4VICINITY MAPGLEN AFTON BLVDKAN
N
A
P
OLIS P
K
W
YSPORTSMAN DRWABASH LNI-85SITEGLEN AFTONBLVDGLEN AFTON SHOPSFigure 12
STREAM IMPACTOUTFALL SECTIONSBluewater Civil Design, LLC718 Lowndes Hill RoadGreenville, SC [e-mail]: 7/13/20S-5PIPE OUTFALL AND RIPRAPPLUNGE POOL - PROFILE- NTS -18" RCP OUTLET - 642.00TOP OF BANK - 643.85STREAM BOTTOM - 642.00RIPRAP PLUNGE POOL WITHFILTER FABRIC UNDERLAYCONCRETE HEADWALLSTATION 0+45.00END STREAM IMPACTSIN SITU SOILPLUNGE POOLBOTTOM - 639.0018" RCP OUTLET - 642.00CONCRETE HEADWALLRIPRAPd50: 6"dmax: 9"DEPTH: 1.25'RIPRAP PLUNGE POOL WITHFILTER FABRIC UNDERLAYPIPE OUTFALL AND RIPRAPPLUNGE POOL - SECTION- NTS -RIPRAPd50: 6"dmax: 9"DEPTH: 1.25'6'-6"3:1 MAXIMUM SIDESLOPE (TYP.)VICINITY MAPGLEN AFTON BLVDKAN
N
A
P
OLIS P
K
W
YSPORTSMAN DRWABASH LNI-85SITEGLEN AFTONBLVDGLEN AFTON SHOPSFigure 13

Jurisdictional
Determination Information Jurisdictional Determination
Approximate Project Boundary
Study Limits
(+/- 3.442 acres)
Intermittent stream A
( L)
Kannapolis
Parkway
Culvert
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Blvd
LOCATION
Lat: 35.42325 ºN
Long: -80.67571 ºW
HUC: 03040105 (Rocky)
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Kannapolis SCALE
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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
PHOTO 1: Intermittent Stream A at origin, facing downslope.
PHOTO 2: Intermittent Stream A at origin, facing upslope.
Kannapolis Shops 2; Cabarrus County, NC
+YVEF Representative Landscape Photographs — Photos taken 11114117, 11120118
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

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PHOTO 6: Intermittent Stream H, at origin
facing downslope.
PHOTO 8: Intermittent Stream C, at origin
facing downslope.
Kannapolis Shops 2; Cabarrus County, NC
.YLC PG Representative Landscape Photographs — Photos taken 11114117, 11120118
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Wetlands and Environmental Planning Group Leonard 5_ Rindner, PLLC.

PHOTO 9: Area upslope of Intermittent Streams B and C near upland data point (DP3).
PHOTO 10: Area upslope of upland data point (DP3), facing upslope.
Kannapolis Shops 2; Cabarrus County, NC
+YVEF Representative Landscape Photographs — Photos taken 11114117, 11120118
Wetlands and Environmental Planning Group Leonard S. Rindner, PLLC.

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Threatened & Endangered Species
Report Threatened & Endangered Species Report

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.
Approvals Approvals /
Authorizations
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2019-00103 County: Cabarrus U.S.G.S. Quad: NC- Kannapolis
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Rick Meeks, M&L Property Develop, LLC
Rick Meets
Address: 313 S Main St, Suite 100
Kannapolis, NC 28081
Telephone Number: 704-796-8125
E-mail: [e-mail]
Size (acres) 3.442 Nearest Town Concord
Nearest Waterway Afton Run River Basin Upper Pee Dee
USGS HUC 03040105 Coordinates Latitude: 35.42325
Longitude: -80.67571
Location description: The review area is located 100 feet Northeast of the intersection of Quebec Ct and Kannapolis Pkwy in
Cabarrus County. PIN(s): 56010362330000, 56010371750000.
Indicate Which of the Following Apply:
A. Preliminary Determination
There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been
delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries
of these waters are shown on the enclosed delineation map dated 12/14/2018 (Revised 02/07/2019). Therefore this preliminary
jurisdiction determination may be 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 any way 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 33 CFR Part 331). However, you may request an
approved JD, which is an appealable action, by contacting the Corps district for further instruction.
There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 of the 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 presumption of CWA/RHA
jurisdiction over all of the waters at the project area, which is not sufficiently accurate and reliable to support an enforceable
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 consultant to conduct a delineation that can
be verified by the Corps.
B. Approved Determination
There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in 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.
There are waters on the above described project area/property 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.
We recommend 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 consultant to conduct a delineation that can be verified by
the Corps.

SAW-2019-00103
bmit an RFA form to the Division Office if y mit an RFA form to the Division Office if y
The waters on your project area/property have been delineated and the delineation has been verified by the Corps. The
approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have
this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey
will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in
the law or our published regulations, may be relied upon for a period not to 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 on DATE. 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.
There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (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.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.

Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the 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
regarding this determination and/or the Corps regulatory program, please contact Catherine M. Janiczak at 704-510-1438 or
[e-mail].
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 04/23/2019.
D. Remarks: None.
E. 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.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
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
Notification of Appeal Process (NAP) fact sheet and 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
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 by Not applicable.
**It is not necessary to su mit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
Date of JD: 04/23/2019 Expiration Date of JD: Not applicable
SAW-2019-00103

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: WEPG
Leonard S. Rindner
Address: 10612-D Providence Road, PMB 550
Charlotte, NC 28277
Telephone Number: 704-904-2277
E-mail: [e-mail]

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Rick Meeks, M&L Property Develop, LLC,
Rick Meets
File Number: SAW-2019-00103 Date: 04/23/2019
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
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.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 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 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 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.

SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL 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.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division
Attn: Catherine M. Janiczak
Charlotte Regulatory Office
U.S Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
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: [phone]
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.

Signature of appellant or agent.
Date: Telephone number:

For appeals on Initial Proffered Permits send this form to:

District Engineer, Wilmington Regulatory Division, Attn: Catherine M. Janiczak, 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: [phone]
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 04/23/2019
B.NAME AND ADDRESS OF PERSON REQUESTING PJD: Rick Meeks, M&L Property Develop, LLC, Rick
Meets, 313 S Main St, Suite 100,Kannapolis, NC 28081
C.DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Kannapolis Shop 2 PJD, SAW-
2019-00103
D.PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located 100 feet
Northeast of the intersection of Quebec Ct and Kannapolis Pkwy in Cabarrus County. PIN(s): 56010362330000,
56010371750000.
(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 decimal format): Latitude: 35.42325 Longitude: -80.67571
Universal Transverse Mercator:
Name of nearest waterbody: Afton Run
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
Field Determination. Date(s): 02/06/2019
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site Number Latitude (decimal
degrees)
Longitude (decimal
degrees)
Estimated amount of
aquatic resources in
review area (acreage
and linear feet, if
applicable
Type of aquatic
resources (i.e.,
wetland vs. non-
wetland waters)
Geographic authority to
which the aquatic resource
“may be” subject (i.e.,
Section 404 or Section
10/404)
Intermittent
Stream A 35.42323 -80.67581000 2 linear feet Non-wetland Sec. 404
Intermittent
Stream B 35.42332000 -80.67566000 6 linear feet Non-wetland Sec. 404
Intermittent
Stream C 35.42329000 -80.67577 linear feet Non-wetland Sec. 404
Intermittent
Stream G 35.42304000 -80.67532000 linear feet Non-wetland Sec. 404
Intermittent
Stream H 35.42311000 -80.67525000 linear feet Non-wetland Sec. 404
Perennial
Stream F 35.42291000 -80.67520000 linear feet Non-wetland Sec. 404
1)The Corps of Engineers believes that there may be jurisdictional 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 other general permit verification 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 right to 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 subject permit 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 or judicial 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 AJD 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 "may be"
navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the
review area that could be affected by the proposed activity, based on the following information:
Signature and date oRegulatory Signature and date o Regulatory
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Figure 1 (Dated 12/14/2018 [Revised 02/07/2019])
Data sheets prepared/submitted by or on behalf of the PJD requestor.
Office concurs with data sheets/delineation report.
Office does not concur with 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: 1:24000 Kannapolis NC Quadrangle (1993)
Natural Resources Conservation Service Soil Survey. Citation: US NRCS: Cabarrus County: Sheet 1
National wetlands inventory map(s). Cite name: Kannapolis Shops2_NWI Map_121418
State/local wetland inventory map(s):
FEMA/FIRM maps:
100- year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
Photographs: Aerial (Name & Date): Figure 3 (Dated 12/14/2018)
or Other (Name & Date): Photopage (Dated 11/14/2017 & 11/20/2018)
Previous determination(s). File no. and date of response letter:
Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later jurisdictional determinations.
Signature and date of Regulatory
staff member completing PJD
04/23/2019
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable) 1
1 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.