20201280 Ver 1_Pre-Filing Meeting Request Attachment_20200924

NATURAL RESOURCES TECHNICAL REPORT

EB-5844 Little Texas Road Sidewalk Project
Cabarrus County, North Carolina

STIP EB-5844

CITY OF KANNAPOLIS

March 2020

TABLE OF CONTENTS

1.0 INTRODUCTION...................................................................................................... 1
2.0 METHODOLOGY .................................................................................................... 1
3.0 TERRESTRIAL COMMUNITIES .......................................................................... 1
4.0 PROTECTED SPECIES ........................................................................................... 2
4.1 Endangered Species Act Protected Species ...................................................................... 2
4.2 Bald and Golden Eagle Protection Act ............................................................................. 3
5.0 WATER RESOURCES ............................................................................................. 3
6.0 REGULATORY CONSIDERATIONS ................................................................... 4
6.1 Clean Water Act Waters of the U.S. ................................................................................. 4
6.2 Construction Moratoria ..................................................................................................... 5
6.3 N.C. River Basin Buffer Rules ........................................................................................... 5
6.4 Rivers and Harbors Act Section 10 Navigable Waters .................................................... 5
6.5 Coastal Area Management Act Areas of Environmental Concern ................................ 5
6.6 Coastal Barrier Resources System .................................................................................... 5
7.0 REFERENCES ........................................................................................................... 6

Appendix A - Figures
Appendix B - Qualifications of Contributors
Appendix C - NLEB Project Checklist
Appendix D - Jurisdictional Determination Letter
Appendix E - Mussel Survey Report

LIST OF TABLES
Table 1. Coverage of terrestrial communities in the study area.................................. 1
Table 2. ESA federally protected species listed for Cabarrus County. ...................... 2
Table 3. Streams in the study area ................................................................................. 4
Table 4. Characteristics of jurisdictional streams in the study area ........................... 4
Table 5. Characteristics of jurisdictional wetlands in the study area ......................... 5

Natural Resources Technical Report STIP EB-5844 Cabarrus County, N.C.

1 January 2020
1.0 INTRODUCTION

The City of Kannapolis (City) proposes to construct a sidewalk and curb and gutter on
the east side of Little Texas Road between Ruth Avenue and Dale Earnhardt Boulevard
(STIP EB-5844) in Cabarrus County (Figures 1 and 2). Small portions of existing
sidewalk will be repaired or replaced as needed. The typical section is a variable width
planter with a five to seven-foot sidewalk. When completed, the City will have a
continuous sidewalk along the east side of South Texas Road from Dale Earnhardt
Boulevard to Ruth Avenue. The following Natural Resources Technical Report (NRTR)
has been prepared to assist in the preparation of a document for the purposes of the
National Environmental Policy Act (NEPA) or the State Environmental Policy Act
(SEPA).

2.0 METHODOLOGY

All work was conducted in accordance with the NCDOT Environmental Coordination
and Permitting’s Preparing Natural Resources Technical Reports Procedure and the latest
NRTR Template November 2017. Field work was conducted by SEPI Inc. biologists
Bob Lepsic, Rachel Quindlen, and Anna Reusche on November 11 and 16, 2019.
Jurisdictional areas identified in the study area have not yet been verified by the U.S.
Army Corps of Engineers (USACE) or the North Carolina Division of Water Resources
(NCDWR). The principal personnel contributing to the field work and document is
provided in Appendix B.

3.0 TERRESTRIAL COMMUNITIES

Three (3) terrestrial communities were identified in the study area. Figure 4 shows the
location and extent of these terrestrial communities. Terrestrial community data are
presented in the context of total coverage of each type within the study area (Table 1).

Table 1. Coverage of terrestrial communities in the study area
Community Dominant Species (scientific name) Coverage
(ac.)
Maintained/Disturbed Roadside grasses 26.3
Mesic Mixed Hardwood
Forest (Piedmont
Subtype)
Loblolly pine (Pinus taeda)
White oak (Quercus alba)
Sweetgum (Liquidambar styraciflua)
0.8
Piedmont Bottomland
Forest
Tulip poplar (Liriodendron tulipifera)
Black willow (Salix nigra)
Red maple (Acer rubrum)
4.7
Total 31.8

Natural Resources Technical Report STIP EB-5844 Cabarrus County, N.C.

2 January 2020
4.0 PROTECTED SPECIES

4.1 Endangered Species Act Protected Species

As of November 13, 2019 the United States Fish and Wildlife (USFWS) lists four (4)
federally protected species, under the Endangered Species Act (ESA) for Cabarrus
County (Table 2). For each species, a discussion of the presence or absence of habitat is
included below along with the Biological Conclusion rendered based on survey results in
the study area.

Table 2. ESA federally protected species listed for Cabarrus County.
Scientific Name Common Name Federal
Status
Habitat
Present
Biological
Conclusion
Haliaeetus leucocephalus Bald eagle BGPA No No Effect
Myotis septentrionalis Northern long-eared bat T Yes MA-NLAA
Lasmigona decorata Carolina heelsplitter E Yes MA-NLAA
Helianthus schweinitzii Schweinitz’s sunflower E Yes Unresolved
E - Endangered
T – Threatened
MA-NLAA – May Affect – Not Likely to Adversely Affect
BGPA – Bald Eagle Protection Act

Carolina heelsplitter
USFWS optimal survey window: March 1 - November 1 (optimal)

Biological Conclusion: May Affect- Not Likely to Adversely Affect
The Carolina heelsplitter requires cool, clean, well-oxygenated water. Stable, silt-
free stream bottoms appear to be critical to the species. Typically, stable areas
occur where the stream banks are well-vegetated with trees and shrubs. Habitat
was found within the study area in the Unnamed Tributary to Muddy that runs
west to east across the study area. Surveys for the species were performed on
March 27, 2020 and no individuals were observed. A review of NHP records on
or updated December 10, 2019 indicates zero known occurrences within 1.0 mile
of the study area.

Schweinitz’s sunflower
USFWS optimal survey window: late August - October

Biological Conclusion: Unresolved
Schweinitz’s sunflower is typically found along roadside rights-of-way,
maintained power lines and other utility rights-of-way, edges of thickets and old
pastures, clearings and edges of upland pine woods or other sunny or semi-sunny
habitats. Habitat was found within the study area in the form of partially
maintained roadsides and ditches adjacent to patches of woods. Further surveys
for the species will be necessary during the designated survey window in order to
render a biological conclusion. A review of NHP records on or updated December
10, 2019 indicates zero known occurrences within 1.0 mile of the study area.
Natural Resources Technical Report STIP EB-5844 Cabarrus County, N.C.

3 January 2020

Northern Long-eared Bat

The USFWS has developed a programmatic biological opinion (PBO) in
conjunction with the Federal Highway Administration (FHWA), USACE, and
NCDOT for the northern long-eared bat (NLEB) in eastern North Carolina. The
PBO covers the entire NCDOT program in Divisions 1-8, including all NCDOT
projects and activities. However, the project is located in Division 10 and is
covered by a different protocol. A project checklist from USFWS is attached
(Appendix B) and demonstrates that the project will have No Effect on the
Northern long-eared bat. The checklist shows that the project is covered under the
4(d) rule and will not adversely affect the species.

4.2 Bald and Golden Eagle Protection Act

The bald eagle is protected under the Bald and Golden Eagle Protection Act and enforced
by the USFWS. Habitat for the bald eagle primarily consists of mature forests in
proximity to large bodies of open water for foraging. Large dominant trees are utilized
for nesting sites, typically within 1.0 mile of open water.

A desktop-GIS assessment of the project study area, as well as the area within a 1.0-mile
radius of the project limits, was performed on December 26 using October 2017 color
aerials. Concord Lake (approximately 90 acres) is located approximately 0.40 miles
downstream and east of the study area and could support Bald Eagle foraging. Since,
there was no foraging habitat within the review area, a survey of the project study area
and the area within 660 feet of the project limits was not conducted. Additionally, a
review of the NHP database on December 10, 2019 revealed no known occurrences of
this species within 1.0 mile of the project study area. Due to the lack of habitat within the
study area, known occurrences, and minimal impact anticipated for this project, it has
been determined that this project will not affect this species.

5.0 WATER RESOURCES

Water resources in the study area are part of the Yadkin Pee-Dee basin [U.S. Geological
Survey (USGS) Hydrologic Unit 03040105]. Three (3) streams were identified in the
study area (Table 3). The location of each stream is shown in Figure 3.
Natural Resources Technical Report STIP EB-5844 Cabarrus County, N.C.

4 January 2020

Table 3. Streams in the study area
Stream Name Map ID
NCDWR
Index
Number
Best Usage
Classification
Bank
Height
(ft)
Bankfull
width
(ft)
Depth
(in)
UT to Unnamed
Tributary to Coldwater
Creek
SA 13-17-9-4-
2-(2) WS-IV;CA 1-2 4 2-10
UT to Unnamed
Tributary to Coldwater
Creek
SB 13-17-9-4-
2-(2) WS-IV;CA 1 3 2-8
Unnamed Tributary to
Coldwater Creek
UT to
Coldwater
Creek
13-17-9-4-
2-(2) WS-IV;CA 6 10-20 12-36

UT to Coldwater Creek has not been designated as an Outstanding Resource Water
(ORW). There are no designated High Quality Waters (HQW) or water supply
watersheds (WS-I or WS-II) within or within 1.0 mile downstream of the study area. The
North Carolina 2018 Final 303(d) list of impaired waters identifies UT to Coldwater
Creek (Lake Concord) [13-17-9-4-2-(2)a] within the study area as an impaired water due
to exceeding chlorophyll-a limits. The Unnamed Tributary to Coldwater Creek has been
designated as CA, which labels it as a critical area.

There were no ponds or other surface waters identified within the study area.

6.0 REGULATORY CONSIDERATIONS

6.1 Clean Water Act Waters of the U.S.

Three (3) jurisdictional streams were identified in the study area (Table 4). The location
of these streams is shown on Figure 2. NCDWR stream identification forms are included
a separate Preliminary Jurisdictional Determination (PJD) Package. All jurisdictional
streams in the study area have been designated as cool water streams for the purposes of
stream mitigation.

Table 4. Characteristics of jurisdictional streams in the study area
Map ID Length
(ft.) Classification Compensatory
Mitigation Required
River Basin
Buffer
SA 371 Intermittent Required Not Subject
SB 404 Perennial Required Not Subject
UT to Coldwater
Creek (Lake
Concord)
441 Perennial Required Not Subject
Total 1,216

Natural Resources Technical Report STIP EB-5844 Cabarrus County, N.C.

5 January 2020
Four (4) jurisdictional wetlands were identified within the study area (Table 5). The
location of these wetlands is shown on Figure 3. All wetlands in the study area are
located within the Yadkin Pee-Dee basin [USGS Hydrologic Unit 03040105]. USACE
wetland determination forms for each site are included in a separate Preliminary
Jurisdictional Determination Package.

Table 5. Characteristics of jurisdictional wetlands in the study area
Map ID NCWAM
Classification
Hydrologic
Classification
Area (ac.) in
Study Area
WA Riverine Swamp Forest Riparian 1.4
WB Riverine Swamp Forest Riparian 0.3
WC Riverine Swamp Forest Riparian 0.7
WD Riverine Swamp Forest Riparian 0.4
Total 2.8

6.2 Construction Moratoria

This study area does not contain any trout, anadromous fish, or primary nursery waters.
Therefore, a mandatory construction moratorium is not required.

6.3 N.C. River Basin Buffer Rules

The streams within the study area are located in the Yadkin Pee-Dee river basin and are
not subject to buffer rules administered by DWR.

6.4 Rivers and Harbors Act Section 10 Navigable Waters

No streams within the study area have been designated by the USACE as Navigable
Waters under Section 10 of the Rivers and Harbors Act.

6.5 Coastal Area Management Act Areas of Environmental Concern

There were zero Coastal Area Management Act (CAMA) Areas of Environmental
Concern (AEC) identified in the study area. Cabarrus County is not a designated coastal
county and is not subject to CAMA regulations.

6.6 Coastal Barrier Resources System

No Coastal Barrier Resources System (CBRS) units exist within the study area.

Natural Resources Technical Report STIP EB-5844 Cabarrus County, N.C.

6 January 2020

7.0 REFERENCES

[NCDWR] North Carolina Division of Water Resources. NC Surface Water
Classifications [web application].
https://ncdenr.maps.arcgis.com/apps/webappviewer/index.html?id=6e125ad7628f
494694e259c80dd64265. (Accessed on November 26, 2019)

Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual.
Technical Report Y-87-1, U. S. Army Engineer Waterways Experiment Station.
Vicksburg, Mississippi.

NatureServe. 2017. NatureServe Explorer: An online encyclopedia of life [web
application]. Version 7.1. NatureServe, Arlington, Virginia. Available
http://www.natureserve.org/explorer. (Accessed: November 26, 2019).

N.C. Department of Environment and Natural Resources, Division of Water Quality.
Water Quality Assessment and Impaired Waters List (2018 Final 303(d) list.
https://files.nc.gov/ncdeq/Water%20Quality/Planning/TMDL/303d/2018/2018-
NC-303-d--List-Final.pdf

United States Department of Agriculture (USDA), Natural Resources Conservation
Service (NRCS). Web Soil Survey of Cabarrus County, North Carolina.

United States Department of Agriculture (USDA), Natural Resources Conservation
Service (NRCS). 1998. Hydrologic Units-North Carolina (metadata). Raleigh,
North Carolina.

United States Army Corps of Engineers (USACE). 2012. Regional Supplement to the
Corps of Engineers Wetland Delineation Manual: Eastern Mountains and
Piedmont Region Version 2.0, ed. Eastern Mountains and Piedmont Regional
Working Group: U.S. Army Engineer Research and Development Center.

United States Department of Agriculture (USDA), Natural Resources Conservation
Service (NRCS). 2018. Field Indicators of Hydric Soils in the United States,
Version 8.2 L.M. Vasilas, G.W. Hurt, and J.F. Berkowitz (eds.). USDA, NRCS,
in cooperation with the National Technical Committee for Hydric Soils.

U.S. Fish and Wildlife Service (USFWS). Threatened and Endangered Species in North
Carolina: Cabarrus County. Updated November 13, 2019.
https://www.fws.gov/raleigh/species/cntylist/cabarrus.html.

U.S. Fish and Wildlife Service (USFWS). Bald Eagle (Haliaeetus leucocephalus)
https://www.fws.gov/birds/management/managed-species/bald-and-golden-eagle-
information.php. (Accessed: November 26, 2019).

Natural Resources Technical Report STIP EB-5844 Cabarrus County, N.C.

7 January 2020
U.S. Fish and Wildlife Service (USFWS). Carolina heelsplitter (Lasmigona decorata)
https://www.fws.gov/asheville/htmls/listed_species/Carolina_heelsplitter.html.
(Accessed: November 26, 2019).

U.S. Fish and Wildlife Service (USFWS). Northern long eared bat (Myotis
septentrionalis)
https://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=A0JE.
(Accessed: November 26, 2019).

U.S. Fish and Wildlife Service (USFWS). Schweinitz’s sunflower
(Helianthus schweinitzii)
https://www.fws.gov/raleigh/species/es_schweinitz_sunflower.html. (Accessed:
November 26, 2019).

United States Geological Survey (USGS). 2019. Concord, North Carolina, Topographic
Quadrangle (7.5-minute series).

Appendix A
Figures

¯0 2,000 4,0001,000 Feet
Project Vicinity
Figure 1
EB-5844 Little Texas R oad SidewalkCity of Kannapolis
Cabarrus County, North Carolina
January 2020
Project Vicin ity
Study Area
Unnamed Tributary to Cold Water Creek (Lake Concord)
U
nna
m
ed Tributary to C
old W
ater Creek (Lake Concord)

Study Area
Po ten tia lly Jurisdictional Wetlands
Po ten tia lly Jurisdictional Streams - Intermittent
Po ten tia lly Jurisdictional Streams - Perennial
This Exhibit is for planning purposes only and shown hereindoes not meet NC 47-30 Requirements and therefore is notfor design, construction, or recording or transfer of title. TheExhibit was compiled from available information obtainedfrom the sources listed below.
Sources:NCDOT, NC OneMap, ESRI
January 2020 I
EB-5844 Little Texas Road SidewalkCity of Kannapolis, Cabarrus County, NC
Figure 2. Jurisdictional Features
0 1,000 2,000 3,000500Feet
Unnamed Tributary to Coldwater Creek
SB
SA
SA
WA
WD
WC
WB
Copyright:© 2013 National Geographic Society, i-cubed

Study Area
This Exhibit is for planning purposes only and shown hereindoes not meet NC 47-30 Requirements and therefore is notfor design, construction, or recording or transfer of title. TheExhibit was compiled from available information obtainedfrom the sources listed below.
Sources:NCDOT, NC OneMap, ESRI
January 2020 I
EB-5844 Little Texas Road SidewalkCity of Kannapolis, Cabarrus County, NC
Figure 3. USGS Topographic Map
0 1,000 2,000 3,000500Feet
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CN ES/Airbus DS, USDA, U SGS,AeroGRID, IGN, and the GIS User Community

Study Area
Natu ral Community Types
Maintained /Disturbe d
Mesic Mixed Hardw ood Forest (Piedmont Subtype)
Piedmont Bottomland Forest
This Exhibit is for planning purposes only and shown hereindoes not meet NC 47-30 Requirements and therefore is notfor design, construction, or recording or transfer of title. TheExhibit was compiled from available information obtainedfrom the sources listed below.
Sources:NCDOT, NC OneMap, ESRI
January 2020 I
EB-5844 Little Texas Road SidewalkCity of Kannapolis, Cabarrus County, NC
Figure 4. Natural Communities Map
0 1,000 2,000 3,000500Feet

Appendix B
Qualifications of Contributors

Investigator: Robert Lepsic, PWS
Education: B.S. Biology, 1991
Experience: Environmental Project Manager, SEPI Inc., 2018 - Present
Sr. Biologist, Ecosystem Planning and Restoration, 2016 – 2018
Sr. Scientist, ARCADIS G&M of NC, Inc., 2000 - 2016
Engineer Scientist, Alameda County Public Works Agency, 1995 – 2000
Responsibilities: T&E assessments, wetland and stream delineation, QA/QC

Investigator: Anna Reusche, PWS
Education: B.S. Natural Resources Management, 2002
Experience: Environmental Project Manager, SEPI Inc., 2019- Present
Environmental Group Leader, Timmons Group 2017-2019
Environmental Project Manager, Angler Environmental/RES 2013- 2017
Environmental Scientist, Kimley-Horn, 2007-2013
Environmental Scientist, ARCADIS G&M of NC, Inc., 2004-2007
Responsibilities: T&E assessments, wetland and stream delineation, QA/QC

Investigator: Rachel Quindlen
Education: B.S. Environmental Science, 2017
Experience: Project Scientist I, SEPI Inc., 2017-Present
Responsibilities: T&E assessments, wetland and stream delineation, document
preparation

Appendix C
NLEB Project Checklist

Northern Long-Eared Bat 4(d) Rule Streamlined Consultation Form
Federal agencies should use this form for the optional streamlined consultation framework for the northern long-
eared bat (NLEB). This framework allows federal agencies to rely upon the U.S. Fish and Wildlife Service’s
(USFWS) January 5, 2016, intra-Service Programmatic Biological Opinion (BO) on the final 4(d) rule for the
NLEB for section 7(a)(2) compliance by: (1) notifying the USFWS that an action agency will use the streamlined
framework; (2) describing the project with sufficient detail to support the required determination; and (3) enabling
the USFWS to track effects and determine if reinitiation of consultation is required per 50 CFR 402.16.
This form is not necessary if an agency determines that a proposed action will have no effect to the NLEB or if
the USFWS has concurred in writing with an agency's determination that a proposed action may affect, but is not
likely to adversely affect the NLEB (i.e., the standard informal consultation process). Actions that may cause
prohibited incidental take require separate formal consultation. Providing this information does not address
section 7(a)(2) compliance for any other listed species.
Information to Determine 4(d) Rule Compliance: YES NO
1. Does the project occur wholly outside of the WNS Zone 1? ☐ ☒
2. Have you contacted the appropriate agency 2 to determine if your project is near
known hibernacula or maternity roost trees?
☒ ☐
3. Could the project disturb hibernating NLEBs in a known hibernaculum? ☐ ☒
4. Could the project alter the entrance or interior environment of a known
hibernaculum?
☐ ☒
5. Does the project remove any trees within 0.25 miles of a known hibernaculum at
any time of year?
☐ ☒
6. Would the project cut or destroy known occupied maternity roost trees, or any
other trees within a 150-foot radius from the maternity roost tree from June 1
through July 31.
☐ ☒

You are eligible to use this form if you have answered yes to question #1 or yes to question #2 and no to
questions 3, 4, 5 and 6. The remainder of the form will be used by the USFWS to track our assumptions in the
BO.

Agency and Applicant3 (Name, Email, Phone No.):
Rachel Quindlen, [e-mail], (919) 573- 9937 ext. 1776
Project Name: EB-5844 Little Texas Road
Project Location (include coordinates if known): 35.487193, -80.602138
Basic Project Description (provide narrative below or attach additional information):
The project consists of adding sidewalk and curb & gutter along Little Texas Road and Ruth Avenue in
Kannapolis, NC. The project corridor length is approximately 2.1 miles with approximately 8800-LF of
sidewalk and curb & gutter to be installed along the east side of Little Texas Road.

1 http://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf
2 See http://www.fws.gov/midwest/endangered/mammals/nleb/nhisites.html
3 If applicable - only needed for federal actions with applicants (e.g., for a permit, etc.) who are party to the consultation.
General Project Information YES NO
Does the project occur within 0.25 miles of a known hibernaculum? ☐ ☒
Does the project occur within 150 feet of a known maternity roost tree? ☐ ☒
Does the project include forest conversion 4? (if yes, report acreage below) ☐ ☒
Estimated total acres of forest conversion
If known, estimated acres 5 of forest conversion from April 1 to October 31
If known, estimated acres of forest conversion from June 1 to July 31 6
Does the project include timber harvest? (if yes, report acreage below) ☐ ☒
Estimated total acres of timber harvest
If known, estimated acres of timber harvest from April 1 to October 31
If known, estimated acres of timber harvest from June 1 to July 31
Does the project include prescribed fire? (if yes, report acreage below) ☐ ☒
Estimated total acres of prescribed fire
If known, estimated acres of prescribed fire from April 1 to October 31
If known, estimated acres of prescribed fire from June 1 to July 31
Does the project install new wind turbines? (if yes, report capacity in MW below) ☐ ☒
Estimated wind capacity (MW)

Agency Determination:
By signing this form, the action agency determines that this project may affect the NLEB, but that any
resulting incidental take of the NLEB is not prohibited by the final 4(d) rule.
If the USFWS does not respond within 30 days from submittal of this form, the action agency may
presume that its determination is informed by the best available information and that its project
responsibilities under 7(a)(2) with respect to the NLEB are fulfilled through the USFWS January 5,
2016, Programmatic BO. The action agency will update this determination annually for multi-year
activities.
The action agency understands that the USFWS presumes that all activities are implemented as
described herein. The action agency will promptly report any departures from the described activities to
the appropriate USFWS Field Office. The action agency will provide the appropriate USFWS Field
Office with the results of any surveys conducted for the NLEB. Involved parties will promptly notify the
appropriate USFWS Field Office upon finding a dead, injured, or sick NLEB.

Signature: ________________________________________ Date Submitted: ___12/30/2019___

4 Any activity that temporarily or permanently removes suitable forested habitat, including, but not limited to, tree removal
from development, energy production and transmission, mining, agriculture, etc. (see page 48 of the BO).
5 If the project removes less than 10 trees and the acreage is unknown, report the acreage as less than 0.1 acre.
6 If the activity includes tree clearing in June and July, also include those acreage in April to October.
Rachel Quindlen
Appendix D
Jurisdictional Determination Letter
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2020-00260 County: Cabarrus U.S.G.S. Quad: NC- Concord

NOTIFICATION OF JURISDICTIONAL DETERMINATION

Requestor: City of Kannapolis
Elizabeth Hassenfritz
Address: 401 Laureate Way
Kannapolis, NC 28081
Telephone Number: 704-920-4235
E-mail: [e-mail]

Size (acres) 31.8 Nearest Town Kannapolis
Nearest Waterway Long Creek River Basin Upper Pee Dee
USGS HUC 03040105 Coordinates Latitude: 35.487193
Longitude: -80.602138
Location description: The review area is located 100 feet North of the intersection of Mission Trip St and S Little Texas Rd in
Cabarrus County.

Indicate Which of the Following Apply:
A. Preliminary Determination

There appear to be waters, including wetlands 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, including wetlands 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 1/2/2020. 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, including wetlands 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, including wetlands 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, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands 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, including wetlands 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, including wetlands 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-2020-00260
The waters, including wetlands 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, including wetlands 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 03/11/2020.
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: Phillip Shannin, 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 submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official: ______________________________________________________
Date of JD: 03/11/2020 Expiration Date of JD:Not applicable
mit an RFA form to the Division Office if yo
____________________________________
Eiti DtfJDNt li bl
SAW-2020-00260
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: Robert Lepsic, PWN

Address: 1 Glenwood Avenue, Suite 600
Raleigh, NC 27603
Telephone Number: 919-747-5857
E-mail: [e-mail]

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: City of Kannapolis, Elizabeth Hassenfritz File Number: SAW-2020-00260 Date: 03/11/2020
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.
x 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.
x 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
x 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.
x 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.
x 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.
x 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. Phillip Shannin, 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. Phillip Shannin, 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: 03/11/2020

B. NAME AND ADDRESS OF PERSON REQUESTING PJD: City of Kannapolis, Elizabeth Hassenfritz, 401 Laureate
Way,Kannapolis, NC 28081

C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, City of Kannapolis Sidewalk
Project PJD, SAW-2020-00260

D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located 100 feet North of
the intersection of Mission Trip St and S Little Texas Rd in Cabarrus County.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Cabarrus City: Kannapolis
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.487193 Longitude: -80.602138
Universal Transverse Mercator:
Name of nearest waterbody: Long Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
Field Determination. Date(s): 03/09/2020
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)
SA 35.482033 -80.602043 371.5 linear feet Non-wetland Sec. 404
SB 35.482261 -80.602565 404.4 linear feet Non-wetland Sec. 404
Unnamed
Trib to
Coldwater
Creek
35.483158 -80.602285 441.3 linear feet Non-wetland Sec. 404
WA 35.483008 -80.602158 1.4 acres Wetland Sec. 404
WB 35.482327 -80.60198 0.3 acres Wetland Sec. 404
WC 35.483163 -80.601018 0.4 acres Wetland Sec. 404
WD 35.482556 -80.6011055 0.7 acres 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:

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 2 (Dated January 2, 2020)
Data sheets prepared/submitted by or on behalf of the PJD requestor.
Office concurs with data sheets/delineation report.
Officedoesnotconcurwithdatasheets/delineation report. Rationale:
Data sheets prepared by the Corps:
Corpsnavigablewaters'study:
U.S. Geological Survey Hydrologic Atlas:
USGS NHD data.
USGS 8 and 12 digit HUC maps.
U.S.Geological Survey map(s).Citescale&quadname: Concord, NC (2019)
Natural Resources Conservation Service Soil Survey. Citation: Cabarrus County Online Soil Survey
Nationalwetlands inventorymap(s). Citename:
State/localwetland inventorymap(s):
FEMA/FIRMmaps:
100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
Photographs:Aerial (Name &Date):Figure 2 (Dated January 2, 2020)
or Other (Name&Date):
Previous determination(s). File no. and date of response letter:
Otherinformation(pleasespecify):
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
03/11/2020
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.

Signature and date of Regulatory
ff b li PJD
Unnamed Tributary to Cold Water Creek (Lake Concord)
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Study Area
Potentially Jurisdictional Wetlands
Potentially Jurisdictional Streams - Intermittent
Potentially Jurisdictional Streams - Perennial
Culvert
This Exhibit is for planning purposes only and shown herein
does not meet NC 47-30 Requirements and therefore is not
for design, construction, or recording or transfer of title. The
Exhibit was compiled from available information obtained
from the sources listed below.
Sources:
NCDOT, NC OneMap, ESRI
January 2020 I
EB-5844 Little Texas Road Sidewalk
City of Kannapolis, Cabarrus County, NC
Figure 2. Jurisdictional Features
0 1,000 2,000 3,000500
Feet
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SA
WA
WD
WC
WB
Appendix E
Mussel Survey Report